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12-13-88 Regular CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION December 13, 1988 7 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. Presentation: Delray Lodge Number One Hundred Seventy One (Clifford A. Painter, Master) 5. Proclamations: A. The Week of the Maureen Connolly Brinker Continental Players Cup - December 11-17, 1988. B. Volunteer Blood Donor Month - Month of January 1989 C. Juvenile Diabetes Week - January 2a-February 5, 1989 PROCEDURAL ITEMS 6. Comments and Inquiries on Non-Agenda Items from the Public. 7. Agenda approval. Action: Motion to approve. 8. Approval of minutes of Regular Meetings of November 8, 1988 and November 22, 1988. PUBLIC HEARING - ENCLAVES 9. ORDINANCE NO. 94-88: An Ordinance for the annexation of Enclave No. 52, located between Dixie and Federal Highway, south of Sherwood Honda (IandiMarino). 10. 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. - 11. 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. 12. ORDINANCE NO. 147-88: An Ordinance for the annexation of Enclave No. 71, located west of State Road A-1-A and north of Linton Boulevard between Rhodes Villa Avenue and Del Haven Drive. 13. SPECIAL PRESENTATION REGARDING ENCLAVE ANNEXATIONS: Planning Director David Kovacs. PUBLIC HEARING - NON-ENCLAVE 14. ORDINANCE NO. 143-88: An Ordinance amending Title Usage", Chapter 173 "Zoning Code" of the Code of Ordinances abandonment of conditional uses previously approved. 15. ORDINANCE NO. 144-88: An Ordinance amending Chapter 100 "Nuisances" of the Code of Ordinances providing for maintenance of yards and landscape areas and of exterior building walls. 17 "Land to define 16. ORDINANCE NO. 150-88: An Ordinance amending Ordinance No. 3-84 pertaining to Isles of Delray SAD District, extending conditional use and site plan approval for 18 months. 17. ORDINANCE NO. 151-88: along South Federal Highway RM-15 back to SC. 18. ORDINANCE NO. 153-88: An Ordinance amending Chapter 174 "Historic Preservation" of the Code of Ordinances to further clarify the Code to insure the proper functioning of the Historic Preservation Board. A correcting adjacent to Ordinance rezoning a parcel the Barrton Apartments from 19. ORDINANCE NO. 155-88: An Ordinance amending Chapter 36 "Finance, City Property Transactions" of the Code of Ordinances to provide for the procedures and requirements for City purchasing in the case of emergencies. 20. ORDINANCE NO. 156-88: An Ordinance designating Marina Historic District in the area between Atlantic on the north from the Intracoastal west to approximately 100 feet of Federal Highway extending southbound to 4th Street then eastward to the Intracoastal Waterway. 21. ORDINANCE NO. 157-88: An Ordinance correcting an incorrectly transcribed portion of the Code dealing with private streets. 22. ORDINANCE NO. 158-88: An Ordinance amending the Land Use Plan for property located at the southeast corner of Miramar and Venetian Drives, changing zoning from P to MF-15. 23. ORDINANCE NO. 159-88: Land Use Plan Amendment-Large Scale Mixed Use Overlay Designation for Marina Cay. 24. ORDINANCE NO. 160-88: This is a Companion Ordinance to the preceding Land Use Plan Amendment. This Ordinance designates the Land Use Category "Large Scale Mixed Use" to apply to the Marina Cay property on North Federal Highway south of the SWap Shop. 25. REQUEST FOR OPEN BURNING - MARZAM EXCAVATING, INC: Request to waive Section 96.04 "Open Burning" to allow burning to clear land for Wallace Ford, Inc. SECOND READING 26. ORDINANCE NO. 99-87: Land Use Plan Amendment-Large Scale Mixed Use Overlay Designation. Consider request from developer of Marina Cay to continue processing an amendment to the City's Land Use Map. 27. ORDINANCE NO. 100-87: This is preceding Land Use Plan Amendment. zoning category "Large Scale Mixed the Swap Shop. a Companion Ordinance to the This Ordinance designates the Use" to the general area-south of REGULAR AGENDA 28. PINE GROVE ELEMENTARY SCHOOL PATROL TRIP: Judith Kurzawski, Principal and Dennis Bell, Patrol Sponsor will be present to request funding of $1,000 to enable school safety patrol members to attend the 12-13-88 -2- district-wide patrol trip to Washington, D. C. in January, 1989. 29. SELECTION OF DEVELOPER FOR LOW TO MODERATE INCOME HOUSING PROJECT 30. AGREEMENT FOR WATER AND SEWER CONFLICTS: Approval of Agreement between the City and Palm Beach County for reimbursement of water and sewer conflicts for Congress Avenue widening from Atlantic Avenue to Linton Avenue in the amount of $112,835 with funding to come from Water and Sewer Reserves. 31. APPOINTMENTS - DELRAY BEACH HUMAN RELATIONS COMMITTEE: Commission appointments of two members to terms ending March and one member to a term ending March 15, 1989. Consider 15, 1990 32. INITIATION OF REZONING - CITY HALL PROPERTY: Requesting rezoning of property including City Hall, Community Center, Tennis Center, Fire Station, Utility Department offices and Reservoir from R-lA to CF. 33. PINEAPPLE GROVE WAY: Recommendation from Beautification Task Force to reinstate Pineapple Grove Way in the Beautification Plan. 34. AMENDMENT NO. 2 TO EMERGENCY MEDICAL SERVICE AGREEMENT: Requesting approval of Amendment to Agreement between the City and the Town of Gulf Stream changing the method of payment to provide normal and extraordinary levels of emergency medical services. 35. LEASEBACK AGREEMENT - OLD SCHOOL leaseback agreement between the City Board expiring on June 30, 1989. SQUARE: Requesting approval of and Palm Beach County School 36 . LANDSCAPING AND IRRIGATION PLAN DIXIE BOULEVARD CUL-DE-SAC: Requesting approval of transfer of $11,000 to be used for landscaping and irrigation for the Swinton Avenue/Dixie Boulevard Cul-de-Sac with funding to come from Beautification Trust Fund (Surplus Utility Tax Fund), Account 119-0000-301-19.00. 37. CONDITIONAL USE REQUEST (CU-6-266): Requesting a conditional use and attendant site plan for Small World Day/Child Care Center, located at the southeast corner of S. E. 3rd Avenue and S. E. 4th Street. 38. CONDITIONAL USE REQUEST (CU-6-268): Requesting a major modification to an existing conditional use request and attendant site plan for First Church of Christ Scientist, located on the northwest and southwest corners of S. E. 2nd Street and 7th Avenue. CONSENT AGENDA 39. CHANGE ORDER NO. 2 GERMANTOWN WATER TRANSMISSION MAIN: Approval of Change Order No.2 with Jobear, Inc. for the Germantown Water Transmission Main, reduction of retainage to zero and final payment to contractor in the amount of $99,086 with funding to come from Account 441-5161-536-60.65. 40. CHANGE ORDER NO. 1 - LINTON BOULEVARD IRRIGATION: Requesting a net increase to the contract of $990. This would include the addition of pressure relief valves and the downsizing of the pumps from the original specifications. Funding to come from Account 333-4141-572-61.15, Beautification Roadways and Medians. 41. MODIFICATION TO DELINT modifications to replace current plan and relocate the access to City. 42. SITE PLAN - FLORIDA POWER & LIGHT FACILITY: Requesting site and development plan for the construction of an office building located on the east side of Congress Avenue, north of Lake Ida Road. (WATERFORD) D.R.I.: Requesting two specific site plan with a conceptual the hotel parcel as requested by the 43. DELRAY AFFAIR: Request from Chamber of Commerce for endorsement 12-13-88 -3- of the Delray Affair scheduled for March 31st, April 1st and 2nd, 1989. 44. REJECTION OF BID: vehicle contract for service. Rejection of sole bidder for junked/abandoned being too high and authorize re-bid for this 45. FLORIDA INLAND NAVIGATIONAL DISTRICT PROJECT AGREEMENT: Authorizing execution of agreement concerning replacement piers at the City Marina as amended by FIND. 46. RESOLUTION NO. 79-88: A Resolution assessing costs for abatement action required to remove an unsafe building on property at 253 S. E. 5th Avenue. 47. RESOLUTION NO. 80-88: A Resolution assessing costs for abatement action required to remove an unsafe building on property at 911 North Federal Highway. 48. RESOLUTION NO. 81-88: A Resolution assessing costs for abatement action required on 24 parcels of property at various locations throughout the City. 49. RESOLUTION NO. 82-88: A Resolution urging Governor Martinez, the Florida Senate and the Florida House of Representatives to cease adoption and signing of legislative bills imposing State mandates upon counties and municipalities without funding or designation of funding sources. 50. AWARDS OF BIDS AND CONTRACTS: A. Facsimile Machine Delta $6,350 Appropriating funds Account 112-2172-521-60.89. Business Systems of Boca Raton _ from Law Enforcement Trust Fund B. Fuel Tank Level Sensor System Pieco Miami, Inc. $12,634.90 with funding to come from Account 501-3311-591-60.89. C. City Marina Finger Pier Replacement B. K. Marine Construction, Inc. - $105,000 with funding to come from Account 426-4311-539-60.99. D. Addendum III to Waters, Trego & Davis, Inc. contract _ $3,000 with funding td come from Account 001-6511-581-90.11. E. Rental Rehabilitation Program - Deferred Loan Contract Award - Property at 103 S. E. 4th Avenue - B & JR Construction Company - $14,000. 51. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager 12-13-88 -4- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGER #af~& ~ -' FROM: DATE: SUBJECT: AGENDA REPORT - MEETING OF DECEMBER 13, 1988 December 9, 1988 .~ . PUBLIC HEARING- ENCLAVES Item No. 9 (Ordinance No. 94-88) This is a Second Reading of an Ordinance annexing Enclave 52 located between Dixie and Federal Highway, 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. ~he 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 a roval of Ordinance No. 94-88 annexin initial zoninqs GC. RM-10, and SC. Enclave 52 with Item No. 10 (Ordinance No. 145-88) This is a Second 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 "D" meaning water and sewer is not generally available and there are significant costs and factors to provide service to the enclave. On the other hand the benefit to the City comes from the increased level of code enforcement and Police presence. 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. Recommend a roval of Ordinance No. 145-88 annexin Enclave 24 with initial zoninqs of GC. LI, ART, RM, R-1A. Item No. 11 (Ordinance No. 146-88) This is a Second 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. 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. " AGENDA REPORT Meeting of December 13, 1988 The Planning and Zoning Board at it's October 24th meeting recommended approval. Recommend approval of Ordinance 146-88 annexinq Enclave 69 with initial zoninqs of R-1AAA and ART. Item No. 12 (Ordinance No. 147-88) This is a Second Reading of an Ordinance annexing Enclave 71 located immediately west of A-1-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) annexinq Enclave 71 with initial zoninq R-1AA. Item No. 13 Planning and five minute in relation statistics. Special Item- Enclave Annexation Overview (Dave Kovacs, Zoning Director). The Planning Director will provide a presentation addressing the impact of Enclave annexations to population, area, assessed value and other related PUBLIC HEARING- NON ENCLAVE Item No. 14 (Ordinance No. 143-88) This is a Second Reading of an Ordinance amending Chapter 173 "Zoning Code" of the Code of Ordinances by adding Section 173.852 "Abandonment of Conditional Uses". This section provides that when a conditional use is discontinued or abandoned for a continuous period of 180 days, or an intervening use as established, the conditional use may not be reestablished without a new application. The Planning and Zoning Board at it's October 17th meeting unanimously endorsed this proposed amendment. Recommend approval of Ordinance No. 143-88. Item No. 15 (Ordinance No. 144-88) This is a Second Reading of an Ordinance amending Title IX, Chapter 100 of the Code of Ordinances by adding Section 100.07 to provide for maintenance of yard and landscape areas, and Section 100.08 to provide for maintenance of exterior building walls. This ordinance addresses the problem of maintenance of yards, lllndscaped areas and appearance of exterior walls;of single family residences and/or other buildings which predate existing landscaping codes. Recommend approval of Ordinance No. 144-88. Item No. 16 Ordinance Delray SAD for the Isles at which time (Ordinance No. 150-88). This is a Second Reading of an amending Ordinance No. 3-84 pertaining to the Isles of and extending the conditional use and site plan approval of Delray. This item had First Reading on November 8th the Commission deleted the requirement for a traffic - 2 - AGENDA REPORT Meeting of December 13, 1988 study which had been recommended by staff and the Planning and Zoning Board. Staff has sought to verify the representations made by the developer regarding traffic and right-of-way. We have found that the County supports submission of a traffic study. The Commission asked about immediate dedication of right-of-way and representatives of the developer suggested no additional right-of-way was necessary. The City Engineer feels the dedication of an additional ROW is appropriate in order to implement beautification improvements. Based upon the staff investigations it is appropriate to reinsert the original Planning and Zoning Board recommendation and add an item pertaining to dedication. 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 modifications to add the requirements for a)the traffic study; and b) dedication of R-O-W by 1/25/89. Item No. 17 (Ordinance No. 151-88) This item was continued from your November 8th meeting. This is an Ordinance amending the zoning map to correct an inadvertent change which occurred in 1977. A designation of RM-15 was applied to property adjacent to the Barrton Apartments on South Federal Highway, 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. At your November 29th meeting questions were raised regarding City initiated rezoning of this property from SC to GC. In order to accommodate such a rezoning, a Plan Amendment must be processed since the Land Use Map designation is MF-15. Staff recommends that we wait until the Comprehensive Plan is adopted and then take rezoning action concurrent with that plan. Additional options are covered in the baCkup material for this item. Use of this site as a Veterinary Clinic was also mentioned at your November 8th meeting. While that use can be accommodated, it does require conditional use approval. 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. 18 (Ordinance No. 153-88) This is a Second Reading of an Ordinance clarifying several sections of Ordinance 109-88 "Historic Preservation". Section 174.02 "Undue Economic Hardship" is modified to ensure undue hardship is considered when considering certificate of appropriateness (COA) applications, including COA applications for demolition requested by property owner. Section 174.30 "Basic Requirements, is modified to provide that the Board will only review plans, not approve plans, when considering COAs. Section 173.32, Subsections (B) and (F) -.Certificate of Appropriateness" "Initiation and Procedure", directs-COA applications to the Community Improvement Department instead of Planning and Zoning and provides that the COA will expire 18 months after issuance if construction has not commenced, eliminating the 24 month expiration date if 25% of the improvements have not been constructed. Section 174.43 "Powers and Duties" 174.54(B)(7) is modified to insure that Board of Adjustment for variances from the Board is empowered to grant relief Subsection 174.43(f) and the Board acts in lieu of the the Zoning Code and to insure from the imposition of the sign - 3 - AGENDA REPORT Meeting of December 13, 1988 code for nonconforming signs which existed at the time the sign code was enacted. Section 174.54 "Variances" establishes the statement of criteria necessary to establish an unnecessary hardship or variance request based upon maintaining the historic character of a building, structure or district. Recommend approval of Ordinance No. 153-88 clarify~nq the Historic Preservation Ordinance (109-88) Item No. 19 (Ordinance No. 155-88) This is a Second Reading of an Ordinance amending Chapter 36 by adding Section 36.08 "Emergency Purchases". This Ordinance provides the vehicle by which the City Manager or his designee may make certain emergency purchases in instances where health, safety, or general welfare of all or a significant portion of the residents of the City are affected. Section C has been deleted from this ordinance following discussion and direction at your November 22nd meeting. Recommend approval of Ordinance No. 155-88. Item No. 20 (Ordinance No. 156-88) This is a Second Reading of an Ordinance designating the Marina District as an Historic District. The Marina District is bounded by East Atlantic Avenue on the north; S.E. 4th Street on the South; the Intracoastal Waterway on the east. The western boundary is S.E. 7th Avenue from E. Atlantic Avenue, south to S.E. 1st Street (excluding lots 12 through 21 in block 125), west on S.E. 1st Street to the alley in the middle of block 118, south through block 119 and the east half of block 120. The Marina District is comprised on 51 contributing buildings (built between 1922 and 1943) and 45 non-contributing bUildings. Recommend approval of Ordinance No. 156-88 establiShing the Marina Historic District. Item No. 21 (Ordinance No. 157-88) This is a Second Reading of an Ordinance amending the Code of Ordinances to correct the definition of private streets. This item is submitted to correct Subdivision Code 172.03 which was incorrectly transcribed from the old ordinance. Recommend approval of Ordinance No. 157-88. Item No. 22 (Ordinance No. 158-88) This is a Second Reading of an Ordinance amending the Land Use Plan Map for property located at Miramar and Venetian changing the Land Use Plan designation from P to MF-15. This action is consistent with previous actions taken by the Commission. Sale of the property and its return to the City's tax roll will ultimately follow. Recommend approval of Ordinance No. 158-88 amendinq the Land Use Plan desiqnation from P to MF-15. Item No. 23 (Ordinance No. 159-88) This is a Land Use Plan Amendment initiated in 1987 to accommodate development of the Marina Cay project. This ordinance creates a "Large Scale Mixed-Use" category to accommodate development proposed along the Intracoastal Waterway south of the Swap Shop on Federal Highway. In order to accommodate the proposal under our present Land Use Plan, it is necessary to add the category "Large Scale Mixed Use" to the City's Land Use Plan. At your November 29th workshop meeting a compromise between staff and the applicant was presented whereby the ratio was adjusted to 1.0 to - 4 - AGENDA REPORT Meeting of December 13, 1988 allow the proposed Marina Cay project to continue processing to the rezoning level. Thus allowing the developers to apply for SAD. There are several proposed discussion and/or action. policy items that require addition 1. The Land Use Element of the Comprehensive :Plan (now under revision) shall establish a ratio at .75. for subsequent request. 2. The Land Use Map (now under submitted to D.C.A. for formal for the Marina Cay property: revision) shall, in the form review, include two designations a. An allocation of two acres of commercial land use along the Federal Highway frontage of the property, the balance being equivalent to the current designation of MF-10; and/or b. Any other designation as recommended by the Planning and Zoning Board and accepted by the City Commission. 3. At the time of final adoption of the Plan, the City Commission shall consider the progress made on the proposed Marina Cay project and shall apply the most appropriate land use map designation. Recommend approval of Ordinance No. 159-88. Item No. 24 (Ordinance No. 160-88) This previous item. This Ordinance applies the Scale Mixed Use" to the area south of the Marina Cay Project. is a companion zoning category Swap Shop known to the "Large as the Recommend approval of Ordinance No. 160-88. Item No. 25 Open Burning Request- Waiver of Section 96.04 Delray Beach Code of Ordinances. Wallace Ford represented by Marzam Excavating, Inc. is requesting waiver of Section 96.04 of the Code to permit open burning on an eight acre parcel located on the west half of Lot 31 lying east of Germantown Road and the east half of Lot 23 lying east of Germantown Road. The burn site is approximately 300 feet from all property lines and 400 feet from the nearest residence. Fire Department staff have reviewed this request and recommend approval with the following stipulations: 1. The burning system must be located within 150 feet of the shell rock yard on the north side of the property. 2. Vegetation (other than trees 4 feet or larger in trunk diameter not otherwise permitted for removal) shall be cleared to a minimum of 200 feet adjacent to the burn pit. 3. No burning shall occur before 9:00 a.m. or continue after sunset. 4. The Fire Department retains cessation of all operations at any other adverse conditions. the authority to order the time due to wind, weather or 5. The contractor shall provide competent facilitate the requirements of the Fire shall never be unattended while burning is staff on the scene to Department. The site in progress. - 5 - AGENDA REPORT Meeting of December 13, 1988 6. All burning system equipment shall be in good condition and repair at all times to maintain combustion. 7. The burning pit shall not be raked or cleaned of ash when wind conditions would distribute the ash over any developed area. 8. The access gate shall remain unlocked and open during the burn operation. 9. All poles shall be removed from the yard currently occupied by Florida Power and Light prior to commencement of burning operations to provide access to the site from the north. 10. The sand pile south of the access yard shall be leveled prior to burning operations to facilitate access to the site, Alternatively the developer can truck the debris from this site. It ~s estimated that 117 additional one way truck movements will be needed to remove the trash should the burning not be allowed. Recommend waiver of Section 96.04 to permit open burning on Wallace Ford property. SECOND READING Item No. 26 (Ordinance No. 99-87) This item was scheduled for second reading at your July 12th meeting, with a recommendation of denial based on a belief that the original Marina Cay developmen~ was no longer a "live" project. The development of course is alive and subsequently this item has been replaced by Ordinance 159-88. Recommend denial of Ordinance No. 99-87. Item No. 27 (Ordinance No. 100-87) This is a previous item scheduled for second reading at your This Ordinance has been replaced by Ordinance No. Recommend denial of Ordinance No.- 100-87. companion July 12th 160-88. to the meeting. REGULAR AGENDA Item No. 28 Request for Funding- Pine Grove Elementary School. Pine Grove Elementary School has planned a trip to Washington, D.C. for their safety patrol members. The cost of this event is $230.00 per student. Judith Kurzawski, Principal is requesting $1,000 to supplement their fund raising efforts. Tickets must be purchased by the 1st week of January. If funded this item could be taken from the Commission's Special Activity Account. Recommend consideration of request for $1,000 to Pine Grove Elementary for their safety patrol trip. Item No. 29 Selection of Developer for Low to Moderate: Income Housing Project (Auburn Trace). Staff has determined that all three proposals are responsive to the City's RFP. They are fairly equal in site plan submissions, and each appear able to meet the basic requirements of zoning, drainage, and street network concern. The financial performance factors have been addressed separately by the Finance Director and a summary of the same is enclosed. - 6 - AGENDA REPORT Meeting of December 13, 1988 Based upon the strengths that have been report, it is the review committee's previous recommendation. identified in the staff review opinion not to change it's Recommend selection of a developer for a low to moderate income housing proiect. Item No. 30 Agreement Between the City and Palm Beach County Funding Utility Construction on Congress Avenue from South Linton to Atlantic Avenue. This agreement provides that the City wilt reimburse the County for utility relocation required as part of their road construction project. The agreement amount estimated is $112,835 and is similar to the "conflict agreement" used on that portion of Congress north of Atlantic. Funding is available in the Water and Sewer Reserves account. Recommend approval of agreement between the City and Palm Beach County for utility relocation along Conqress Avenue between Linton Boulevard and Atlantic Avenue. Item No. 31 Committee. Committee. 1989. Appointment of Three Three positions are Two terms expire March Members to the Human vacant on the Human 15, 1990 and one expires Relations Relations March 15, Nominations to this committee are made individually by Commissioners and formally approved by the Commission as a whole. Mayor Campbell and Commissioner McCarty have appointments to make for the terms ending in 1990, while Commissioner Horenburger has an appointment to make for the term ending in 1989. We have received four applications, copies of which are included in your packet: Robert P. Ferrell Mary W. Haussermann Leonard Benard Mitchell Deri Jay Ronis Recommend appointment of three members to the Human Relations Committee to terms ending March 15, 1989 and March 15, 1990. Item No. 32 Initiation of Rezoning- City Hall Property. This action is consistent with the City's creation of a CF Zone District for community facilities. The properties involved are the City Hall, Community Center, Tennis Center, Fire Station, Utility Department Offices and Reservoir. Current zoning is R-1A. This action is consistent with City Hall renovation plans. Recommend initiation of rezoninq for City Hall property from R-1A to CF. Item No. 33 Pineapple Grove-- The Beautification Task Force is recommending that N.E. 2nd Avenue/Pineapple Grove be reinstated to the Comprehensive Beautification Plan. The Tll8k Force also recommended that $40,000 be allocated to fund improvements along this way. While staff and the Commission have expressed support for this step, it is more appropriate that a plan be developed first, prior to authorizing funds. Approximately $40,000 has been identified by the Task Force to fund these improvements. Recommend and N.E. authorize reinstatement of Pineapple Grove Way between Atlantic Avenue 4th Street in the Comprehensive Beautification Plan and design plans be drawn for improvements. - 7 - AGENDA REPORT Meeting of December 13, 1988 Item No. 34 Amendment to Emergency Medical Service Agreement between the City of Delray Beach and Town of Gulf Stream. This amendment changes the method of determining charges for EMS service, increases revenues to the City after October 1, 1989, provides for an annual adjustment to the service fee based on our projected budget and creates a mechanism for charging additional fees for extraordinary form of eMergency medical service. The proposed per capita service fee was based on the current estimated pOpulations of both jurisdictions and current budgetary allocations for this service. Because of the fiscal impact of this new service charge will have on Gulf Stream it is proposed that the change becomes effective October 1, 1989. Recommend approval of amendment to EMergenCY Medical Service Aqreement between the City of Delray Beach and Town of Gulf Stream. Item No. 35 Modified Leaseback Agreement between the City and Palm Beach County School Board. The leaseback agreement with the School Board has been modified to provide that Old School Square, Inc. may have the use of the auditorium when school is not in session and shall occupy the whole second floor of building number one. The agreement also provides that the School Board will pay $525.00 per month for utilities; maintain, clean and repair leased facilities; and establishes liability for damage to leased facilities. The City will maintain the exterior, parking and all "common areas". The lease expires June 30, 1989. Recommend approval of modified of Leaseback Agreement. Item No. 36 Request for Funding to Landscape Dixie Boulevard Cul-de-sac. Consistent with the CitY-Wide beautification effort staff is recommending landscaping and irrigation elements for the cul-de-sac construction on Dixie Boulevard. Projected cost for irrigation design, materials and installation along with plant materials and installation is $11,000. Funding is available in the surplus Utility Tax Fund. Recommend approval of fundinq not to exceed $11,000 to landscape Dixie Boulevard cul-de-sac with fundinq from Account No. 119-0000-301-19.00. Item No. 37 Conditional Use Request (CU 6-266) Small World Day/Child Care Center. Roberta Kinnel and Carrie Lee Johnson are requesting a conditional use to operate a child care center, located at the southeast corner of S.E. 3rd Avenue and S.E. 4th Street. The Planning and Zoning Board at it's November 21st meeting received one letter in opposition and a relayed message of opposition. A neighboring property owner raised questions regarding traffic flow and occupancy matters. Following the public hearing, the Board recommended approval subject to the following stipulations: 1. Sidewalks must extend through driveways along both S.E. 3rd Avenue and S.E. 4th Street. 2. Dimension right-of-way for S.E. 4th Street and S.E. 3rd Avenue on site plan. 3. Provide "one-way" signage at all drives and "do not enter" at all exits drives for proposed drop off area. 4. Provide foundation planting plan for CAB review on November - 8 - AGENDA REPORT Meeting of December 13, 1988 30th. 5. Indicate proposed play equipment to be provided. 6. Provide security lighting around exterior of the building (add lighting at northwest corner of building over doorways). 7. Change plant list to reflect quantities requirements on landscape plan. and height 8. Request eliminate area. waiver of Section the requirement to 159.02 of the landscape code to provide curbing around landscape Recommend approval of Da Child Care Center Section 159.02. Conditional Use (CU 6-266) for Small World sub ect to the sti ulations above and waiver of Item No. 38 Conditional Use Request (CU 6-268) First Church of Christ Scientist represented by C. Robert Shaw is requesting a conditional use and major modification to their existing site plan to facilitate the construction of a 2,124 square foot Sunday school, demolish existing 3,711 square foot Sunday school and construct a paved and stabilized sod parking area. The parcels involved are located on the northwest and southwest corners of S.E. 2nd Street and 7th Avenue. The Planning and Zoning recommended approval of the stipulations: 1. That dedication of right-of-way be made by a plat or other method acceptable to the City Engineer. Board at it's November 21st meeting conditional use subject to the following 2. The hedging along the west alley be maintained at a maximum proper sight distance. property line, adjacent to the of 3 feet in height to assure 3. Submission of staff report prior building permit. packet) . 4. Three paved spaces and aisle on the south. site plan address all applicable comments in to acceptance of construction plans for a (Detailed report enclosed in your agenda In addition waivers are required for the following items: 1. Hedging and along immediately requirement the north north of the along the and east church. south and east sides of Lot 12 sides of the parking area 2. Wheel stop requirement as it would apply to Lot 12. ..- 3. Use of stabilized sod for Lot 12, the area north of the church and for seven or eleven spaces south of the church. Recommend approval of Conditional Use (CU 6-268) and modification to attendant site plan for First Church of Christ Scientist subject to the above stipulations and consideration of waiver items. CONSENT AGENDA Item No. 39 Change Order No. 2- Germantown Water Transmission Main. Enclosed in your agenda packet is a memo detailing the modifications - 9 - AGENDA REPORT Meeting of December 13, 1988 made during construction of the Germantown Road water transmission main. This is an increase of $24,394.55. Change Order No. 1 decreased the contract amount by $32,973.75 therefore the overall project remains under original contract. Construction is complete and final payment with request for reduction of retainage to has been factored into final payment amount. is also requested along zero. Change Order No. 2 Recommend a roval of Chan e Order No.2' reduction of retaina e to zero' and final a ment in the amount of 99 086.00 ~ Item No. 40 Change Order No. 1 for Linton Boulevard Irrigation Project. This Change Order provides for an increase of $2,030.00 for installation of pressure relief valves on the irrigation pumps and a decrease of $1,040.00 for the downsizing of pumps from original specifications. This action is recommended as a precaution to protect the system should any of the valves malfunction. Because these items offset each other the net increase to the contract is $990. Funds are available in the Beautification Roadways and Medians Account (No. 333-4141-572-61.15). Recommend a roval of Chan e Order No. 1 for the Linton Boulevard irri ation ro'ect for 990 with fund in from Account No. 333-4141-572-61.15. Item No. 41 Modification to DELI NT (Waterford) D.R.I. This item involves two requested modifications to the Waterford Place D.R.I., to replace the current specific site plan with a conceptual plan and relocate the access to the hotel parcel as requested by the City. While this matter is essentially administrative, it requires action by the City Commission. Once acted upon it will not be necessary to seek formal changes made to the project's overall site to the D.R.I. as was previously done when Waterford Village was revised. A detailed memo is enclosed in your agenda packet. The State Department of Community Affairs and Treasure Coast Regional Planning Council have no objections to the proposed modifications. The Planning and Zoning Board at its November 21 meeting recommended approval of the proposed modifications. Recommend approval of modifications to Delint (Waterford) D.R.I. Item No. 42 Site and Development Plan for Florida Power and Light Facility at Delray Park of Commerce. Florida Power and Light represented by Theodore L. Roux is requesting approval of a site and development plan for the construction of an office building. The proposed location is on Tract N of the Delray Park of Commerce located on the east side of Congress Avenue, north of Lake Ida Road. The Planning and approval of the stipulations: 1. That the Master Landscape Plan modification to accommodate the Standard E (Screens and Buffers). Zoning site and at its November 21st meeting recommend development plan subject to the following be revised as a non impacting changes as identified under 2. That final paving and drainage plans be submitted and approved by the City Engineering Department prior to the issuance of building permits. - 10 - AGENDA REPORT Meeting of December 13, 1988 3. That calculations on park be provided in order 173.659(2)(c). the open space element of the entire to verify compliance with Code Section 4. Revise the water fire hydrants to allow westward, to connect to and for the sewer plans to provide valving at the future extension of the six inch main existing main within Congress Avenue. 5. That the site comments noted under Zoning Staff report. 6. That this approval be valid, pursuant to Code for eighteen months. and landscape plans be revised to address the Technical Review section of Planning and Recommend approval of site and development plan for Florida Power and Liqht office bUildinq facility. Item No. 43 Delray Affair. The Delray Affair is scheduled for March 31st, April 1st and 2nd, 1989. Over the years this event has enjoyed Commission sanction and participation. The Chamber of Commerce is therefore requesting consideration of the following items: 1. Endorsement by the City Commission. 2. Use of Worthing and Veteran's Parks and certain parking lots for entertainment and displays. 3. Blocking off parking from Swinton to the Intracoastal Waterway during the event. 4. Closing Atlantic Avenue to traffic from Swinton to East 5th 5. Use of Old School Square for evening entertainment. Avenue. 6. Placement of trash barrels with periodic emptying. 7. An individual on duty at the rest rooms at Veteran's Park. 8. Assistance in traffic and crowd control. 9. General clean up following the close of the event. Items 1 through 5 do not have a fiscal note attached to them although the use of Old School Square facilities will require an additional approval from the Old School Square Board. Items 6 through 9 have costs attached and I would like to address this separately following discussions with staff and the Delray Affair Committee. Recommend the cost event. endorsement of the Delray Affair and direct staff to analyze involved in providing public services for conduct of the Item No. 44 Bid Bids were mailed one contractor lower price can the bid process. Rejection for Towing of Junked/Abandoned Vehicles. to 12 area towing contractors on October 11th. Only submitted a bid. Purchasing staff believes that a be obtained and that other firms will partiCipate in Recommend re ection of bid from John's Towin direct PurChasing staff to re-bid contract. of Riviera Beach and - 11 - AGENDA REPORT Meeting of December 13, 1988 Item No. 45 Florida Inland Navigation District (FIND) Agreement. At your November 8th meeting, Commission approved an agreement between the City and FIND for the replacement of piers at the City Marina. This agreement was reviewed by staff and modified to add language deemed to be in the best interest of the City. The modified agreement was forwarded to FIND, who prior to execution, deleted the additional language. As bidding for this project opened on November 8th, with construction projected to start January 2, 1989, staff recommends acceptance of aqreement as originally drafted. Recommend acce tance of the a reement between the Cit and FIND Grant as oriqinally drafted. Item No. 46 Resolution No. 79-88. This item is a Resolution assessing costs for abatement action required to remove an unsafe building on property at 253 S.E. 5th Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $1,045.00 remains unpaid. Recommend a roval of Resolution No. 79-88 assessin costs for abatin an unsafe bUildinq within the City. Item No. 47 Resolution No. 80-88. This item is a Resolution assessing costs for abatement of nuisance on property at 911 N. Federal Highway. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $275.00 remains unpaid. Recommend a roval of Resolution No. 80-88 assess in costs for abatin an unsafe bUildinq within the City. Item No. 48 Resolution No. 81-88. This item is a Resolution assessing costs for abatement of nuisances on 24 properties located throughout the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on these properties in the event the assessments remain unpaid. Recommend a roval of Resolution No. 81-88 assessin costs for abatin unsafe bUildinqs within the City. Item No. 49 (ReSOlution No. 82-88) This Resolution petitions Governor Martinez, The Florida Senate and House of Representative to cease adoption and signing of legislative bills imposing state mandates upon counties and municipalities without funding or designation of funding sources and requesting compliance with the provisions of Florida Statute 11.076 which prohibits the same. Recommend approval of Resolution No. 82-88. Item No. 50 AWARDS OF BIDS AND CONTRACTS: A. Facsimile Machine Delta Business Systems of BOQa Raton _ $6,350- appropriating funds from Law Enforcement Trust Fund Account No. 112-2172-521-60.89. B. Fuel Tank Level Sensor System Pieco Miami, Inc. $12,634.90 with funding to come from Account 501-3311-591-60.89. - 12 - AGENDA REPORT Meeting of December 13, 1988 C. City Marina Construction, Inc. _ 426-4311-539-60.99. Finger Pier Replacement B. K. Marine $105,000 with funding to come from Account D. Addendum III to Waters, Trego & Davis, Inc. contract _ $3,000 with funding to come from Account 001-6511-581-90.11. E. Rental Property - $14,000. Rehabilitation Program - Deferred Loan Contract Award at 103 S. E. 4th Avenue - B & JR Construction Company - 13 - Jdra1I ~ ~.""'.. t 1Ii.llb<<l .~ .... ~~I} "Cft .. ,leerptr. ....011. A to L E j V.t D NOV 28 S88 Corn., Atlantic Avenue end S.E. Fint Avenue Lodge Melling Adena: P. O. Box 578 DELRAY BEACH, FLORIDA 33444 CITY MAI.~.n"Q" n<FICE ,n\l(...,I l".l lr~e :.on. --,oa~,. i.~a.(:'i'bell 100 ~.~. iirst Aye ~.lraJ reacn iL. 33~44 ~cc: nO.... 2j, 11;t3c ~al ter C. j;arrJ ~0tt F~~i\~~JA~r ,JeIra, ;,odge :000. 171 ~'.""'..\. ,;ji r , , ~itt was pr~~ar~d tor presentation to lo~ at this ceIebrution. ~ w~s Yer) dlsc~oitted that 10- did not sttend. Yo~ haTe nO~Te~lled to ~~ req~est tor a ~eet1ni wi tt"l J'CI'I.l. ':'od:...~' t"...~ ~~r:i.. =.1. t14C' <it.: [;uaber'::3 office SUffe3ted the !ift t9 trow~ht to the CON~i~sion ~eeting :.ece,;.ter, the 13th. The fitt i8 a booJ(1I "'Y,\.....,.....: 1".",~..:....\J~.3 " along with a ft":'hl:K~ ~_Ab flown oyer t~e wa~1tol. iL1& wo~ld ~Kke an ex:::e,L.ent d':'s,.,le:J ':'0 tHe (,'1 ty ..,,11. ''::he J:;O;)i( is YO:'!:J food reo,': in! for ..1 t1 elJP11ea. ~e e:aye one of these to the ,elr~J _e~~~ ~itr~r,. j f " 10 not hear froD. ,Yo", ttle €1ft w1ll t;e tro:J( [,t to t~ii::- lO';i~.-..i.:J3':'0u . .:c,-inb. .:>iocerel] !ollrs Clif.f~r1 A. iainter, ~aster ~elraJ ~ccge No. 171 , ..J ~ a '/ Ci.L-r-'$: .- , 4 CITY DF DELAAt; BEAtH PROCLtJfA TlO.V WHEREAS, the 1988 Maureen Connolly Brinker Continental Players Cup Tennis Tournament is being held in Delray Beach from December 1l to December l7; and, WHEREAS, the Connolly Brinker Continental Cup Tennis -Tournament will host participants from throughout the world, and promote international good-will and sportmanship; and, WHEREAS, the residents and City Officials warmly welcome these young ladies representing over 25 different nations, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of December II to December 17, 1988, as "MAUREEN CONNOLLY BRINKER CONTINENTAL PLAYERS CUP WEEK" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this l3th day of December, 1988. MAY 0 R DOAK S. CAMPBELL SEAL ~ , ~A CITY DF Dtl.nn i SE~r~1 PROCL-HIA no.v WHEREAS, the number of men, women and children who use blood increases daily in our country; and, WHEREAS, in our cormnunity, there is a need for 80,000 units of blood per year for the protection of patients; and, WHEREAS, there is a need for additional healthy, regular volunteer donors to join the ranks of those who already give of themselves so generously; and, WHEREAS, donating blood is known to be safe and simple, while helping to save the lives of the ill and injured; and, WHEREAS, the President of the United States has declared January to be National Volunteer Blood Donor Month, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim the month of Jan~ary, 1989, as .VOLUNTEER BLOOD DONOR MONTH" in the City of Delray Beach an~ urge all citizens to pay tribute to those among us who donate for others in need. I further urge all civic and service organizations and businesses, if they have not already done so, to form blood donor groups to provide blood for others. IN WITNESS WHEREOF, I have hereunto caused the Seal of the City of Delray Beach, affixed this 13th day of December, 1988. set my hand and Florida, to be -, MAY OR DOAK S. CAMPBELL SEAL S13 [ITY DF DElAAY Bt~tH PROCLU1A TION WHEREAS, diabetes is the third leading cause of death from disease in the United States, the leading cause of blindness and the third largest major chronic childhood diseasel and, WHEREAS, diabetes affects over 13 million'people in the ~United States whose lives are considerably shortened because of ~this disease and its complicationsl and, oration, dependent WHEREAS, heart disease, kidney disease, vascular deteri- and blindness will affect one out of two insulin- diabetics; and, WHEREAS, the diabetic and his family need enlightened encouragement and counseling to adjust to the mechanics of main- taining a daily regimen of exercise, diet, insulin injections and medication; and, WHEREAS, the Diabetes Research Institute (Juvenile Diabetes Research Foundation) was formed in Florida in 1971 to educate and inform the public of the seriousness of this disease, to provide family counseling and to fund research for a cure; and, WHEREAS, this Florida organization will join with its counterparts in other states to assault diabetes with coordinated and concerted efforts, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim January 28 - February 5, 1989, as, "JUVENILE DIABETES WEEK" in the City of Delray Beach and call upon all citizens to support this worthwhile program to alleviate the distress of diabetics and their families. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this l3th day of December, 1988. r_ . . MAYOR DOAK S. CAMPBELL SEAL S"G "':::' '-....../ I I I !I " q 1 ., 'I :1 :1 " ORDINANCE NO. 94-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY B~ACH, 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, , I, Ii .1 il " " d I I, ,. i; ,. 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 Encl.ave 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: ;..=-;" I II II I , I I I Section 1. That the City Commission of '~he 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: PARCF.L "A" Lots 1 through 9, inclusive, Block 4, DEL-RATON PARK. and Lots 1 through 44. inclusive (less the East 2 feet of road right-of-way), together with the 10 ft. abandoned alley lYing east of and adjacent to Lots 1 through 10, inclusive, 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 ...-- .~ q --- '---, ,I I II ,I II II II :/ Ii Ii j I ~djacent to Lots 1 and 32 through 44. inclu- sive, and the North Half (N 1/2) of abandoned Avenue "L" lYing south 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, PARCKL "C" 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 I, 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. I I II 'I " 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 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 ordinanOes of the City of Delray Beach, Florida. .~ , ~tion 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-~ 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 '- "-...-/' -II II il 'I II !I I I aection 7 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 8, That all ordinances or parts of Ordinances in conflict herewith be. and the same are hereby repealed, I Ii I 'I Ii II II ;i II II j' , ! 'I I I I II ,I ii II I; I Section 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. Sectio~~ 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 . '- o ~ - 3 - Ord. No. 94-88 ~ ----, /' " 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 DIXIE HIGHWAY 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 COMMERC IAL) DISTR ICT, IN PART, LI (LIGHT INDUSTRIAL) DISTRICT, IN PART, RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT, IN PART, RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, AND ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTR ICT, 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 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: Ci t,y of t,o said County, EARCEL "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, 10 ~ ~ /~ 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 East; together with, Lots .1, 4, and 6 through 9, inclusive, DENERY 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 Book 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. KENMONT, 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 ,/' /"'\ 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 Pl~t 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 West 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, - 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, inclufiiv,,", Block D, LA HACIENDA DELRAY, according to the Plat th,,"reof recorded in Plat Book 15. Page R, Public Records of Palm Beach County, Florida; togeth,,"r 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, The North 50 feet HACIENDA DELRAY, ther~of recorded Public Records of together with, of Lot 28, Block D, LA according to the Plat in Plat Book If>, 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, 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 SEEMILLER SUBDIVISION, according to the Plat thereof recorded in Plat Book 9, Page 72, Public Records of Palm Beach County, Florida; together with, The North 10 feet of the South 126 feet of the West 62 feet of the East 990 feet of Lot 5, 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 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 eas t 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 the East 1.150 feet of Lot 5, lying east of the center line of Northeast 8th Avenue extended northward, HARRY SEEMILLER 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 East 930 feet of the South 40 feet of Lot 5, HARRY SEEMILLER SUBDIVISION. 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; t.ogether 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, SNOW 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 /'-... ~, 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, Publ ic 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; toget..her with, 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, 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, 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 g., 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, - 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. Publ ic Records of Palm Beach County, Florida; together with, That part of the 15 feet of abandoned alley lying adjacent to and southerly of Lots 7, 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, 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, Uni ts 1 through 6. inclus i ve, 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. Lot 4, Block E. LA HACIENDA DELRAY, according to the Plat thereof recorded in Plat Book 15, Page 6, Public Records of Palm Beach Count.y. 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 Count,y. Florida, - 7 - Ord. No. 145-88 ~/, /'\ PAReR!. "K The West 200,00 feet, as measured at right angles, of that part of the North 324,04 feet of Lot 38, Section 9, Township 46 South, Range 43 East, lYing East of the East right-of-way line of State Road 5 (as said East right-of-way line is shown in Road Plat Book 2, Page 157 of the Public Records of Palm Beach County, Florida), lYing and being in Palm Beach County, Florida, as per plat recorded in Plat Book 8, Page 40 of the Public Records of Palm Beach County, Florida: together with, 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, 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, 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 (Jess 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. PaRe 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 SEEMILLER 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, accordinR to the Plat'thereof recorded in Plat Book 9, Page 72, Public Records of Palm Beach County, Florida; together with, 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, 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, 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 -,..- " ", Lots 7 through 12, inclus i ve, Block A, LA HACIENDA DELRAY, according to the Plat thereof recorded in Plat Book 15, Page 6, Public Records of Palm Beach County. Florida: t.ogether wit.h, Lots 13 through 15, inclusive (less the road right-of-way), Block A. LA HACIENDA DELRAY. according t.o the Plat thereof recorded in Plat Book 15, Page 6, Public Records of Palm Beach County, Florida: together wit.h, Lots 1 through 19, inclusive. and the 16 feet of alley t.hrough the nort.h-sout.h cent.er, 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: toget.her with, The North Half of Lot. 1 lYing west of Federal High~ay (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. Lot.s 1 through 5, inclusive (less the road right-of-way), Block B. SNOW HILL, according t.o the Plat t.hereof 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, EAECEL "C" Lots 8 and 9, Block 1, KENMONT, according to t.he Plat thereof recorded in Plat Book 20, Page 65, Public Records of Palm Beach County, Florida, EARCEL "D" Lot.s 8 through 11, inclusive. FIRST TO KENMONT. according to the Plat recorded in Plat Book 22, Page 24, Records of Palm Beach County, Florida, ADDITION t.hereof Public PARCEL "E "_ The Nort.h 324,04 feet of Lot 38, Section 9, Township 46 South. Range '43 East. lying East of the East right-of-way line of State Road 5 (as said East right-of-way line is shown in Road Plat Book 2. Page 157 of the Public Records of Palm Beach County, Florida) and extending t.o the Int.racoast.al Waterway. lying and being in Plat Book 8, Page 40 of the Public Records of Palm Beach County, Florida. LESS AND NOT INCLUDING the West 200,00 feet. thereof, as measured at right angles to the said East right-of-way line of State Road 5: together with, - 10 - Ord. No. 145-88 /'-. , ...... 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 86,3. P,3ge .32, in Plat. Bool; 8. Pa"e 40, lying within Section 8, Town8htp 46 South, Range 4.3 E",~,t. f'A RGEL.'-::E ~ The West 340,.32 feet of the East 970,16 feet of Lot 1 lying east of Federal Highw,~y MJd west of the F, I,N,D, Canal. HARRY SEEM ILLER SUBDIVISION, according to the Plat thereof recorded in Plat Boo}; ~.~. P8ge 72. Public Records of Palm Beach Countv. Florida: together wi t.h, Lot,,: 8 through 11, in01usive, Blo~k R, ROYAL PALM GARDEN:CO. PLAT NO, :1. .3cc(,,'di ng to the Plat t.hereof recorded in Plat Book 21, PAge 57, Rublic Records of Palm BeAch Count.y, FloridA, Th~ slJbject property is J.ocated b~~ween ntxi~ Highway and the IntrA008stAl W8t.erway, between Ridgewood Road And N, E. 8th Street. The above described acre parcel of land, parcel contains a more or le.'3S. 83. FJ5 Se.c:UD.lL2.> Trlat, t.he boundari es nf t.he City of Delray Beach, Florida. are hereby redefined t.o include therein the above-described tracts of land and said lands Are herebv declared to be within the corporate limits of the City of Delray Beach, Florid8. 5~c_tl.Qn.L That S,.,ction 173,886 of t,he Zoning Corle has been followed in the establishment of a zoning 01assification in this ordinance and the tract of land hereinabove described as Parcel" A" is hereby declared t,o be in Zoning District R-IA (Single Family Dwelling) as defined by eXisting ordinances of the City of Delray Beach. Florida, :.:;~ctiQ.rLA.L That. Sect.ion 173. RS6 c,f the Zoning Code hao. heen followed in the establishment. of A zoning clAssification in this ordinance and t.he t.ract of land hereinabove described as Parcel "B" is hereby de<olAred t.o be in Zoning Dist.rict GC (Gener- al Commercial) as defined by existing ordinances of the City of Delray Beach. Florida, 5-,,<:tiDJL5.~ TrJat. :c,ect,ion 17.3, AS6 of t.he Zoning Code hac. been followed in t.he est.ablishment 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, L1 (Light Induf',t.rial) .9S defined by exist.ing ordinances of t.he Cit.y of--' Delray Beach. Florida, _ 5-e.c:t.i.Qn--6_--,_ That Sect,ion 17.3.888 of the (:oning Code h8~ been followed in t.he est.ablishment. of A zoning classification in this ordinance and t.he tract. of land hereinabove described as Parcel "D" io, hereby declared t.o be in Zoning Dist.rict. RM (Medium to Medium High Densit.y Dwelling) as defined by exist.ing ordinanc- es of the City of Delray Beach, Florida. - 11 - Ord. No. 145-88 , ----. I I Ii I I il I, :i.ecti.<21L.7.,.. That SectIon 173.886 of the Zoning Code h,'\c, heAn followed in the establishment of a zoning classificAtion in this ordinance and the tract of land hereinabove described as ParcFd "E" is hereby declared to be in Zoning Di.strict. RM-IO (Multiple Family Dwelling) as defined hy exist.ing ordinances of the City of Delray Beach, Florida, C'_~Dtj(jn _'~_J__ Tl"lt1t. Sf'7.C:t.10n 17:1. EP,G (,f t,hp 7.cini(fQ" C.-')c]p h".":', ht?E:'n followed in thp e:,:',t",hli.-=-;hrnpnt. (jf ,c, :::),~:,ni'rli? -'1,,=;.":~:::~ifi'-';:;~_i(-,n In t,hl.<:., (Jrd1_n.~nce .'=Ind t.he t.r,~ct. of ],9nd hprpin,'=Ih(;v~ dp-~"(-'l:'j hp.--j ~':.. Parcel "1"" ioO' hereby' declared to he in Zon.ing Dist,rict P,RT (Agricultural Residential TransItional) as defined hv existing ordinances of the City of Delrav Beach. Florida. S~,Gti.Qn_8., That t.he land hereinahove described shall immediately become sub.iect to all of the fr~nchis~8. pt'iv11eges. immunities. debts. obligRtions. liabilit1es. ordinances and laws to whiGh lands in the City of Delray Beach are now or may be sub.ie~ted ~nd persons residing thereOf) shall be deemed (Ji~t2ens of the City of Delray Beach, ~~'-~Q.~iQXl_J.O_L That this annexation of t.be ~;IJhjf~c:t propel't.y. tn~111ding arl,iAcent roads. alleys. or the like. j.f any. shall not be deem~d Ac~eptance by thA !~jty of Any majntenancp rf'?sp(Jn~:ihilit.y' for t;ur::h rO.3d~;. .?tlle:v'~:. ,:Yr' t,he Ilkp-. un1p.~.s otherwise ::;p~(;iftc8_11:v :initiat.ed by the C~itv Pllr:::_:u,9.nt. t.Cj C1.lt'rent requirements and conditions, 5eGt..i.D.IJ_LL.. That. all orrlinan,oes or parts of ordinancee; i_n conflict herewith be. and the same are hereby repealprl. ~3.f;'0:j...i.Q_n_-.l2-.. That should .':1n)l .sect.inn or provi~_;.i(ln of this ordinance or any portion thereof. Rny pRragraph, sent~ncp. or word be declared by a Court of compet.ent jurisdiction to be invalid, SUGh decision shall not, affect t.he v,91idit.v of t,he remainder hereof as a whole or part thereof other than the part declared to be invalid, :;;.eG.tiQn_~L3~ That. this ordinance .o,hall become pffective irnrnp.dl.~tel;... llpon pa~,p,,'1g~ on ~,ec.ond and flnal r~8ding. final PASSED AND reading on thif, ADOPTfi:D in the _._.____ re.~u1.3r ~;p..'~;~;i()n doY of on .":\~ccJnd "nd 1 ~~8 8. 11 A Y Cl R ATTE2.T: --------_._~----_.,.._-_._-- --. ---.- ---_._-- City Clerk First Reading ----------- ._--~--..~_. ~----- :3ecr>nd Read i ng ~------~--- - 12 - Ord. No. 145-88 '---.../ 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 DIXIE HIGHWAY 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, RM-10 (MULTIPLE 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 Delray Beach Enclave Act. Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and. 'I I 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: E'ARCEL ".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. 10 , , \.J I, II ,j , I I 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 East; together with. Lots 1, 4. and 6 through 9. inclusive. DENERY LANE. according to the Plat thereof recorded in Plat Book 23. Page 238. Public Records of Palm Beach County. Florida; together with. I I 'I I, I 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 Book 23. Page 238. Public Records of Palm Beach County. ~lorida; togetheF 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. ..r' 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. Pale 85. 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. KENMONT. 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 I 'I I. I I II I I 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. ,I I I Lots 12 t,hrough 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, KEN MONT , 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. I Ii Lot 12 and the East Half of Lot 13, FIRST ADDIT ION TO KENMONT, according to the:-l'lat thereof recorded in Plat Book 22, Page ~4, Public Records of Palm Beach County, FlorHla; together with, , The West KENMONT. recorded Records tOllether 15 feet of Lot 28, FIRST ADDITION TO according to the Plat thereof in Plat Book 22. Palle 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; tOllether with, - 3 - Ord. No. 14S-88 c 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. The North 50 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, Lots 5 through 20, inclusive. 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, 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 Beginnina, in HARRY SEEM ILLER SUBDIVISION, Plat Book 9, Page 72 . . Public Records of Palm Beach County, Florida; together with. 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. Paae 72, Public Records of Palm Beach County, Florida; toaether with. ," The North 10 feet of the South 126 feet" of the West 62 feet of the East 990 feet of : Lot 5. HARRY SEEM ILLER SUBDIVISION. accordina to the Plat thereof recorded in Plat Book 9, Page 72. Public Records of Palm Beach County. Florida; toaether with, The West 82,5 feet of the East 907,5 feet of the North 114.5 feet of Lot 5, IYina east of Federal Highway, HARRY SEEMILLER SUBDIVISION, according to the Plat thereof recorded in Plat Book 9, Paae 72. Public Records of Palm Beach County,Florida; toaether with. - 4 - Ord. No. 145-88 o / I I, Ii Ii i , I I , 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 SEEMILLER 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 SEEMILLER 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 the East 1,150 feet of Lot 5. lying east of the center. line of Northeast 8th Avenue extended northward, HARRY SEEMILLER 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 SEEMILLER 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 East 930 feet of the South 40 feet of Lot 5. 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 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 falm Beach County, Florida; together w1th, " Lot 6 and that part of the 15 feet of ~alley lYing southerly and adjacent thereto. "Block B. SNOW HILL. accord1ng to the Plat thereof recorded in Plat Book 21, Page 83, Public Records of Palm Beach County, Flor1da; together with. Lots 7 through 9. 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, - 5 - Ord. No. 145-88 /' -, '\,.J 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; t.ogether with, Lot 11 and the West Half of Lot 12 and '~hat 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. 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. 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; toget.her with. 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. - 6 - Ord. No. 145-88 o 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~ Lot,s 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 7. 8 and 9. Block B. SNOW HILL, as in OR 1902, Page 1322. accordinli to the Plat thereof recorded in Plat Book 21, Page 83, Public Records of Palm Beach County, Florida; together with, 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, Units 1 through 6. inclusive. TWELVE-O-TWO CONDOMINIUM DECLARATION filed 1/16/80, in OR 3213. Page 1546. lyinli within Section 9, Township 46 South, Range 43 East; tOliether 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; tOliether with, . '- ~ 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: tOliether with. The South 137 feet of the East 245 feet of the West 395 feet of Block 3, REVISED PLAT OF ROYAL PALM GARDENS. accordinli to the Plat thereof recorded in Plat Book 15. Page .4, Public Records of Palm Beach County, Florida. - 7 - Ord. No. 145-88 '--_/ PARCEL "B" The North 324.1 feet of Lot 38 lyin~ east of U.S, Highway No, 1 and west of the Quarter Section Line, in Plat Book 8. Pa~e 40. lyin~ within Section 9. Township 46 South. Rana~ 43 East: together with. -.- ~ Lot 1 (less the Westerly 110 feet thereof). EASTVIEW, according to the Plat thereof recorded in Plat Book 23. Pa~e 44. Public Records of Palm Beach County, Florida; together with. The Westerly 110 feet of Lot 1 (less the road right-of-way), EASTVIEW. accordin~ 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, KiN MONT , accordin~ 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. , . Lot 10. Block 2, KENMONT, accordin~ to the Plat thereof recorded in Plat Book 20. Page 65, Public Records of Palm Beach County, Florida: to~ether 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. Pa~e 6. Public Records of Palm Beach County, Florida; to~ether with. -'i:~:} ; Lots 1 throu~h 3, inclusive. Block C,~,' LA HACIENDA DELRAY, accordina to the 'Plat thereof recorded in Plat Book 15. Paae: 6. Public Records of Palm Beach County, Florida; together with, Lot 4 (less the road ri~ht-of-way). Block C. LA HACIENDA DELRAY. accordin~ to the Plat thereof recorded in Plat Book 15, Pa~e 6, Public Records of Palm Beach County, Florida; together with. Lots 1 and 2 (less the road right-of-way). Block D. LA HACIENDA DELRAY. accordin~ to the Plat thereof recorded in Plat Book 15. Pa~e 6, Public Records of Palm Beach County, Florida; together with, - 8 - Ord. No. 145- 88 '-.../ ,I 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,IfARRY SEEM ILLER SUBDIVISION, according to the ,~lat 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 South~rly 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. 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. Lote 1 through 10. inclusive (less the road right-of-waYl. Block 1, and the North 47.50 feet of Royal Palm Boulevard (now abandonedl 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, 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. " ,"''' .-~ 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. ;t>:,~ ~ :-:' ~ Lots 1 through 3. inclusive, and the Nortb 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, 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. - 9 - Ord. No. 145-88 - - / ' , \-I I' I , I Lots 13 through 15. inclusive (less the road ri~ht-of-way). Block A. LA HACIENDA DEL RAY , 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 of alley t,hrough 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. 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, 11 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, PARr:EL "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 ,I EARCF.T. ..::..u:. 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. "" ' i,~ ' ., PARCEL "F." F." ~c ".- ~. -.;.- . The North 324.1 feet of Lot 38 lYing east' of the Quarter Section Line 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 48 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 48 South, Range 43 East. - 10 - Ord. No. 145-88 (j , i I il , II , PAReR!' "F" The West 340.32 feet of the East 970.16 feet of Lot 1 lying east of Federal Highway 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 County, 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 County, Florida, The subject property is located between Dixie Highway and the Intracoastal Waterway, between Ridgewood Road and N.E, 8th Street. The above described parcel contains a 83.55 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, Sp.ction 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. Sb~tiDIL~~ 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. I I ~~1~ 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 i . Parcel "C" is hereby declared to be in Zoning District LI (Light t;cIndustrial) as defined by existing ordinances of;the City of Delra)/' Beach. Florida. _,:,." k-. ..~ Section 8 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 RM-10 (Multiple Family Dwelling) llS defined by eXisting ordinances of the City of Delray Beach. Florida. - 11 - Ord. No. 145-88 .~ Sf'!~t,j on 9. That the land hereinabove del!lcribed shall immediately become subject to all of the franchise~. 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 residin~ thereon shall be deemed citizens of the City of Delray Beach. Section 10, That this annexation of the subject property. including adjacent roads. alleys, or the like. if any. shall not be deemed acceptance by the City of any maintenance responsibility for such roads. alleys. or the like. unless otherwise specifically initiated by the City pursuant to current requirements and conditions, Section 11, That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. ae~tjnn 12. 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. snch decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Sect19~~ 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: Ci ty Clerk i;.--- First Reading Second Reading p,,- , - 12 - Ord. No. US-BB 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 CANALi' 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 Delray 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 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 DEL RAY BEACH. FLORIDA. AS FOLLOWS: c, "", ~.:;; ~- Section 1. That the City Commission of the City of Delray Beach. Palm Beach County, Florida, hereby annexe$ to said City the following described land located in Palm BeAch County, Florida. which lies contiguous to said City to-wit: PARCRL "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 3D, Township 46 Range 43 East), Lot A, thereof of the Florida South, I I i '. .,# ...." ,~ PAReR!. "B" 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. ~ion 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 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. Section 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 S. 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- bili ty for such roads. alleys. or the like. unless otherwise Specifically initiated by the City pursuant to current> require- ments and conditions. .:0.:, .--.... Section ~ That all ordinances or pa~ts of:'~rdinances in conflict herewith be. and the same are hereby repealed. Section 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. . - 2 - Ord. No. 146-88 -0 PASSED AND ADOPTED in regular ses~ion on second and final reading on this the day of , 1988, MAY 0 Re ~?ATTEST; ~-. ~ .7 -t-- City Clerk First Reading Second Reading : ~. :''';t ~- {; .- .-,- ..- "'_='"'..L '"",-;-/. - 3 . Ord. No. 146-88 t~ ~"l' 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 TH~ PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; WHICH LAND IS CONTIGUOUS TO EXISTI~G 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 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 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 Enclav~ 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 wit.h the Delray Beach Enclave Act, NOW, THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS: -p ~. :;,. Section 1. That the City Commission of~,1:.he 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: "" 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 (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 Hllven Drive. The above described parcel contains a 0.78 acre parcel of land. more or less, /t- . -...., ) "--/ ~ion 2, That the boundaries of the City of Delray Beach. Florida. are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the Cit.y of Delray Beach, Florida. Section 3,_ That Section 173,886 of the Zoning Code has been followed in the establishment of a zoning classi!ication in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA (Sinsle Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida, SActlon 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. SAction 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 affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, 5..e..c.:ti.on_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. _._---_._----- MAY 0 R ATTEST: "'".:i'" {~: :::_-. ,,'.--':,,: _.0.... ~- - 'J City Clerk First Reading Second Reading - 2 - Ord. No. 147-88 . ORDINANCE NO, 143-88 .....'. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. AMENDING TITLE 17, "LAND USAGE", CHAPTER 173. "ZON ING CODE". OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH. FLORIDA, BY ENACTING A ~EW SECTION 173,852, "ABANDONMENT OF CONDITIONAL USES", TO PROVIDE FOR THE ELIMINATION OF CONDITIONAL USE APPROVAL; PROVIDING- A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS: Sectir,n 1. That Title 17, "Land Usage". Chapter 173. "Zoning Code", of the Code of Ordinances of the City of Delray Beach, Florida, be. and the same is hereby amended by enacting a new Section 173,852. "Abandonment of Conditional Uses" to read as follows: Se0, 173,852 AbanMllllIeIl.t...QLJ.:.QD.dltional JJae.a... (A) When a conditional use is discontinued or abandoned for a continuous period of 180 days. or an intervening use is established. the conditional use may not be reestablished without a new application for said conditional use being filed. reviewed and approved pursuant to Sections 173,845-173,851 of the Code of Ordinances of the City of Delray Beach. Florida, (B) A conditional use shall not be considered to have been abandoned or discontinued during the pendency of the development of the use pursuant to the time limitations imposed by Section 173,849 of the Code, which are repealed, Section 2, That all ordinances or parts of in conflict herewith be and the same ordinances are hereby " Section 3, That should any section or provision this ordinance or any portion thereof, any paragraph. sentence word be declared by a Court of competent jurisdiction to invalid. such decision shall not affect the validity of remainder hereof as a whole or part thereof other than the declared to be invalid, of or be the part . Section ~ That this ordinance shall become effective ten (10) days after its passage on second and final reading, r PASSED AND ADOPTED in final reading on this the ~':: ~'" MAY 0 R ATTEST: City Clerk First Reading Second Reading 1Lf- ORDINANCE NO. 144-88 !I I! d " i' " " AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, nORIDA, AMENDING TITLE IX. "GE!<lERAL REGUT_ATIONS", CHAPTER 100, "NUISANCES". OF THE CODE OF ORDINANCES OF THE CITY OF DEL RAY BEACH. FLORIDA. BY ENACTING A NEW SUBSECTION 100.07, PROVIDING FOR MAINTE- NANCE OF YARnS AND LANDSCAPE AREAS, ANn A NRW S,ECTION 100.08, TO PROVIDE FOR MAINTENANCE OF EXTERIOR BUILDING WALLS, ALL AS A MATTER OF PUBLIC NUISANCE ABATEMENT REGULATIONS; PROVIDING A GENERAT_ REPEALERiCLAllSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. :j li WHEREAS, the City Commission of the City of Delray Beach, Florida, deems it to be in the best interests of the residents and citizens of the Cit" of Delray Beach, and in the interest of the health, safety. welfare, and property values for property owners and residents of the City to establish nuisanc'! abatement procedures requirinl; the maintenance of yards and landscape areas, and furth'!r the maintenance in a secure and attractive manner of building walls. /. :: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS "OLLOWS: !: H I: I, Ii I: I: Ii Section 1. That Title IX, "General Regulation!'!". Chaoter 100, "Nuisances", of the Code of Ordinances of the Citv of Delray Beach, Florida, he. and the same is - , herebv amended, by enaC!tinl; a new Section 100.07, "Yards and T,andscaoe Areas", to read as follows: 1100.07 . YARDS AND LANDSCAPE AREAS. (A) Any portion of a lot not covered by a bulldinl; or structure or otherwise devoted to parking, servicl" drive, or walkway shall be sodded with a h..alth,r ~ass or other appropriate ground C!over and shall be maintained in a neat and orderl" manner. (B) All landscape materials, whether required or optional, shall be maintained in s healthy live condition so as to present a neat and attractive appearance and so as to discourage the collection of trash or debris or infestation b" pests. Trees. shrubs, ground cover and grasses shall be trimmed in a manner consistent with ~d landscap- ing practices and otherwise as required by this Code of Ordinances. Section 2. That Title IX. "General ReR'Ulations", Chapter 100, "Nuisances". of the Code of Orainances of the City of Delray Beach. Florida, be, and the same ill hereby amended. by enacting a new Section 100.08. "Exterior Bulldinl; Walls", to read as follows: I II Ii ;i " " 1100.08. EXTERIOR BUILDING WALLS. II , II '. (A) Front buildinlS walls visible from the public rip;hts-of-way shall be maintained in a secure and attrsctlve manner. All defective structural and decorative elemel\ts of such building facade(s) shall be repaired or replace~tn a workmanlike manne~; to match as closely as possible the original materials and cOnstruction of the building. All exterior walls shall have all loose mat'!rial removEid'anrl patching or resurfacing shall be accomplished to match the existinl!' or adjacent surfaces as to materials, color, bond and joining. All cornines, trim, and window trames that are damaged. sagging or otherwise deteriorated shllll be repaired or replaced to be made structurally sound and all exposed materials painted, stained or otherwise treated in a consistent manner. , i I , I Ii " ji I! j' (B) Side and rear bulldinl!' willIs not visible from a public right-ot-way may be treated in a manner distinct trom the buildinll; wall frontinp: on a public right-of-way. Such side and rear building walls, however, shall be mRintained in a safe and secure manner and not allowed to deteriorate in a manner that endanll:ers the structure or detracts from the value of adjoinlnll: properties. - IS Section 3. That all ordinances or parts of ordinances which are in conflict ! herewith are hereby repealed. Section 4. That should any section or provision of this ordinance or an~r portion thereof, anv para~aph. sentp.nce, 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 I~valid. days after its Section 5. That this ordinance shall become effective ten 'dO) on second and final readinl\'. '. passage ~ PASSED AND ADOPTED in regular session on second and final reading on this the day of , 198 MAYO~ ATTEST: City Clerk Ii " 't ,I " , , I: , I I !I ,I :1 " 'I , I , , ;;,.. !:;"- -~:: -:: '. " " 2 ORn. NO. 144-88 COM MIS S ION DOC U MEN TAT ION C I T Y TO: TER O. BARRY, CITY MANAGER ~~.~~ DA ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING .! FROM: " ~ SUBJECT: MEETING OF DECEMBER 13, 1988 ~. AGENDA ITEM ....~ ;- .' ., ORDINANCE 150-88, SECOND READING. PUBLIC HEARING ISLES OF DELRAY EXTENSION REQUEST , ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of an extension of conditional use and site plan approval for the Isles of Delray S.A.D. By request of the agent, this action is proposed to be enacted by ordinance. The City Attorney's Office has noted that "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 codes." (Ruby memo of 11/2/88 to the City Commission) - i BACKGROUND: The site which is under consideration was to have expired in May, 1988. However, a timely request for extension was made, and the item was placed on administrative hold through July. At its meeting of August 15, 1988, the planning and Zoning Board formally considered the item and forwarded the following recommendation to the City Commission: To approve the requested extension with a 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). .. .fr._- ~~: K~.- il"'---_- 11..--.- ~ . .. .. ~ . . . ~ 110 To: Walter O. Barry, City Manager Re: Ordinance 150-88, Second Reading, Public Hearing Isles of Delray Extension Request Page 2 That recommendation was scheduled to go before the City commission on August 23, 1988. However, the agent requested that the item not be heard until October 11, 1988. At the October 11th meeting, the agent requested another continuation. On November 8th, the item was discussed under first reading of an ordinance. At that time, the agent made representations regarding alleged discussions with the County Engineering Department. Based upon those representations, the City commission deleted the requirement for a traffic study (which was recommended by the Planning and Zoning Board). ;-t Subsequent to that meeting, staff (see attached documentation) ~ r contacted the County Engineering Department to verify ~l_~_L:~.&'~ made at the meeting. While contact was made, not all of the po,itions set forth by the City staff were countermanaed by the County. We anticipate a written response from the County by the end of this week. ' Based upon anticipated response from the County together with earlier agreements. put forth by the agent, it is appropriate that the condition pertaining to the requirement of a traffic study be reinstated as recommended by the Planning and Zoning Board. - r . Pursuant to code, the Director of Planning and Zoning may request submittal information which he deems appropriate for evaluation of a request. The Director required that a traffic study be provided for this request. The agent, by letter of May 31, 1988, to the City Manager sought, and was granted, relief from such a submission based upon the fOllowing which was set forth in that letter: .. . "In the event that the City Commission approves the' extension of time, one of the recommended conditions by the administration will be that we submit the traffic analysis and survey within six months of the City Commission approval. Thereafter, the Planning Department and other applicable administrative personnel will review the traffic analysis and survey, and in the event they would recommend any change to the Site Plan based on such information, they will process the recommended changes through the Planning and Zoning Board and the City Commission." RECOMMENDED ACTION: By motion, reinstatement of the requirement of a traffic study and approval on second reading of Ordinance 150-88. Attachment: City Engineer letter with attachment from Zoning 'ii-'. .;0":.' RiF/DJK*31/tP/A:CCISLES.TXT to Palm Beach County Engineering the Director of Planning and ~. ..~- '--- '9:-~:: ~~: ......-. .~ !.;: : -'~, 'ci-~.---> ~ _. .. ~. - - .,-- ... . "l , 100 N.W 1st AVENUE . DELRAY BEACH, FLORIDA 33444 --n (i) [ITY DF DElAAY BERtH 305/243- :-COO ENGINEERING DEPARTMENT November 22, 1988 . -' Charles R. Walker, Jr D~rector-Traffic Division p.O. Box 2429 West Palm Beach, Florida 33402 Subject: Isle of Delray Subdivision Lake Ida Road Improvements , Re: Memorandum from David Kovacs, dated November 9, 1988 r . Dear Mr. Walker: The City Commission considered the extension of a site plan for the Isle of Delray. During the review certain proposals were put forward concerning the right-of-way and the County' s proposed improvements for Lake Ida Road. Would you kindly review the questions raised and advise us of the County's position in these matters. The City Commission will be considering this item again at its first meeting in December so a reply by November 30th would be appreciated. Very truly yours, /'~-c...e Gerald B. Church, P.E. City Engineer \-\ECE\\JEO "0'1 ~ 2 .. PLANN'NG GBC:slg cc: Frank Spence David Kovacs 1:;:_ ~':-. ~:_- ~.. -- - ~_.~ - .l ,-. ."'" I:. :VI,.:. 77 ~ r=: s ;C-~_;~..' .....,..--.." ""=. ;,.:~ ~ _. -. .. - ~_. -- . l! ---" -- PLANNING AND ZONING DEPARTMENT MEMORANDUM FROM: WALTER O. BARRY, CITY MANAGER \J~;:~k~R DEPARTMENT OF PLANNING AND ZONING ,<<'0: SUBJECT: SUPPLEMENTAL DOCUMENTATION -- CITY COMMISSION MEETING ISLES OF DELRAY SITE PLAN EXTENSION DATE: DECEMBER 8, 1988 In addition to the material consider the following as requirement issue. previously provided to you, please it pertains to the right-of-way w '. ,. ~ ... ~~ ~. . " " f ; ; To: Walter O. Barry, City Manager Re: City Commission Meeting - Supplemental Documentation - Isles of Delray Site Plan Extension Page Two .-1 ~. , -, \ ;~dditional Condition: Based on the above, I recOmmend (with 1$upport from the City Enqineer) a. a condition of qrantinq the ~extensionJthat right-of-way be provided per the site plan and <that the right-of-way be dedicated prior to January 25, 1989. c: Gerry Church, City Engineer Project File Attachments: - Portion of Site Plan Showing Anticipated Right-of-way Which is to be Dedicated - Illustrations Regarding Beautification of Lake Ida Road ":i- $,'- ~' ~ a:- -:.... 1:_;~.~': ';';;--. ,- ~: ~- r ~ ; ,,," :;: : .. ~. '. ; , . ; ; .. '. '. ,. .. ,; ,<, .' : :~l '. ;. :; " ; .;.; ~ ::::: \:-:- ::~: M E M 0 n AND U M TO Dave Kovacs Planning Director : ~r,erald B. Church, P.E. ,~ City Engineer : FROM ,.' ~ DATE . . December 8, 1988 . SUBJl;CT ~ Isles of Delray - Lake Ida Road Improvements Re: Your memorandum, November 9, 1988 With respect to Item 1 in the referenced memo, the fOllowing information was obtained from the County: The County Thoroughfare Plan shows 80' of right-of-way for that portion of Lake Ida Road east of I~95 through to Federal Highway. This change was made on the most recent update of the County's Thoroughfare Plan because of the built-up area from Swinton Avenue to Federal Highway. The right-of-way requirement was 108' for Lake Ida Road. The City has actively pursued acquiring l08 feet of right-of-way and generally there is vacant land available for that segment from east of 1-95 to Swinton Avenue. On this basis we would recommend that the City require the l08' of Isles of Delray. It offers the advantage of a safer road section with a median, and the potential for landscaping. In this regard we have attached road sections identifying the alternatives with the 80' of right-of-way and 108' of right-of-way. GBC : j i r t -.~:. .;.. -""{ ~ .~ :.:- '. .. * , : '. .. :: ;. " v: r t '~. , i~.loper. .~. / / / . .., . '..... i '. :;: ...}~ .$.: >. . ... . ~:" ", : .s< ~ ~ ~ 2 ~ ~ - ~ . ;.. ~ - ~ i-~ - ~ i ~ -1 i ... - ":t- Ool C\1 ..... z S ~ ~. o ~ fa en ~ '0 0: a. !t ~I~ !~ I I ~- ~JI -l ~ '-. ?'- + i , . I I ! , ~ I J i ~ J- .... \a.. . t.''-..... _.~., : ";jj::-.! 1'<:.--:_, <}'-..;:..,.- ~ , ~ .:: .',. ~\) , .' .' \ " t _ ...l I. , . .~ ':'''<1',' ::~.~ ':;'. ; , 'i .', ."'..'. i'~~' ':" ~.~.' .\t. , ~ !; . ' '. .:l:i'.'! , . : " I ',_; " .#.- 'I .: I ". " ,J:,' -. '.' .," , . '.. , '" l I ...,...;:,:T,?: ., , .... ". ",I .1; '. , . '.~ ~ I. , , ' ;, ,,' -. " '" . ~. . . . . <<-i' ': .r . .... t~ , t~~ .~ _f!,;C__ tr. 't. . ,.",'!~ -.- 't'" .-.. . ~. ~. ~. .:.. ~ j " , . \ ',. . ,~ ~ ~' ~(:'/', I'~ ~ ;..' I ",,' ;' . I" . :., . " , '.. >- '. . ....., . :. ~ tll:: -.- '.' ..1 . , .. . . . " I,' " J . ',: .' .', .' .~.' , ' .....' .,.., . "".~ ,... ..: . ~ . ,,:,;,,:.:~~ :. :& , . '. .~~ . . ;.2....,.,' ..' ,'1 t. '.'" to'; 'F~I I "iY,' " ,:..' IW,:',"O 1'(1) .< . ,il , , , .,.. ..O! : --.. I " :, --, ~i [C I' ."', ,:'......i~ . '-' ..~ . '~ oj I u.. I ,,; ,~'_l . ", t i '~;W I ~" ~; ,0'::5' 'WI i en' . , .. . . , I " .. '~ ,. . , t, Ii ~O ,'[C '.0.. . , i -~~ '- ~"-':':;-.. '-.;~~_' i ~ <:b;':":~ .. \..,., o . 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, FLORIDA, 'FROM RM-15 (MULTIPLE FA~ILY 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 MAP 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 review 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: Section 1. 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: fr:~- The West 303,23 feet of the North 75 feet,.c of Lot 12. Block 1. less the West five (5) ~~et 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, t Section 2, That shall. upon the effective Zoning Map of Delray Beach. sions of Section 1 hereof, the Planning Director of said City date of this ordinance. change the 'Florida. to conform with the provi- Section 3 That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed, 1'1 \., -..J 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. .' :: f L:, Section 5, That this ordinance shall becOme effective ~immediatelY upon passage on second and final readin~, 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 >:.., ~. ~, (:-~- ~.-:;-".- '=_",_ .r jle: . ~>.- - 2 - Ord. No. 151-88 C I T Y COM MIS S ION DOC U MEN TAT ION TO: (j~J~:;TY MANAGER DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF DECEMBER 13, 1988 AGENDA ITEM ORDINANCE 151-88, ZONING CORRECTION ORDINANCE , ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval, on second reading, of this correcting ordinance. A public hearing is required. - r BACKGROUND: This item had first reading at the last meeting of the City Commission. At that time, two items were raised, each of which needs to be formally addressed at this time. These items are: Rezoning to G.C.: Direction was given to staff to initiate a rezoning of this property from G.C. to S.C. This directive cannot be readily accommodated since the property's designation on the Land Use Map is residential (MF-15). To accommodate the desired zoning it is first necessary to process a Plan Amendment. Options for proceeding include: to initiate such an amendment at this time; it would be a local amendment and would not count against the one which we are permitted in 1989; to incorporate this amendment along with the major plan amendment which will be processed later in 1989 (probably initiated in March or April); to await adoption of the Comprehensive Plan and then follow through with a rezoning which is appropriate to that Plan. Unless otherwise directed, this Department will proceed with the latter option. - ~ --. ~ ,q , To: Walter O. B~ ~y, City Manager Re: City Commission Documention Meeting of December 13, 1988 Page 2 Use as a Veterinary Clinic: Such a use is allowed only as a conditional use. A conditional use request requires neighborhood notification, a public hearing before the Planning and Zoning Board, and formal analysis. Thus, it should be understood by all that such a use cannot be guaranteed at this time. RECOMMENDED ACTION: By motion, approve Ordinance l51-88 on second and final reading. Note that use for the property for a veterinary clinic requires approval of a conditional use request. Provide direction on the matter of timing of the needed plan amendment, if desired. , REF/DJK*30/CCSURLES.TXT , - I . ~ , n~DINANCE NO. 153-88 1\N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 174, "HISTORIC PRESERVATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING, "GENERAL PROVISIONS", SECTION 174.02, "DEFINITIONS" ~ING THE DEFINITION OF UNDUE ECONOMIC ~SHIP, TO FURTHER CLARIFY THE NEED FOR THE CONSIDERATION OF UNDUE ECONOMIC ~SHIP WHEN CONSIDERING APPLICA- TIONS FOR CERTIFICATE OF APPROPRIATENESS, INCLUDING BUT NOT LIMITED TO CERTIFICATE OF APPROPRIATENESS APPLICATIONS REQUESTED BY PROPERTY OWNERS FOR DEMOLITION; BY AMENDING, "CERTIFICATE OF APPROPRI- ATENESS" , SECTION 174.30, "BASIC REQUIREMENTS" , SUBSECTION 174. 30 (B), TO PROVIDE THAT PLAN REVIEW IS REQUIRED; BY REPEALING "CERTIFICATE OF APPROPRIATE- NESS", SECTION 174.32, "INITIATION AND PROCEDURE", SUBSECTION 174.32 (B) AND ENACTING A NEW SUBSECTION 174.32(B), TO PROVIDE THAT APPLICATIONS FOR CERTIFI- CATE OF APPROPRIATENESS MUST BE FILED WITH THE DEPARTMENT OF COMMUNITY IMPROVEMENT AND AMENDING SUBSECTION 174.32(F), TO PROVIDE THAT A CERTIFICATE OF APPROPRIATENESS SHALL EXPIRE EIGHTEEN MON'rHS FROM DATE OF ISSUANCE, ELIMINATING THE '!'WENn;-FOUR MONTH EXPIRATION PERIOD IF 25\ OF THE IMPROVEMENTS ARE NOT COMPLETED: BY AMENDING "HISTORIC PRESERVATION BOARD", SECTION 174.43, "POWERS AND DUTIES", BY AMENDING SUBSECTION 174.43(F), TO CLARIFY THAT THE HISTORIC PRESERVATION BOARD HAS POWER TO ACT IN LIEU OF THE BOARD OF ADJUSTMENT IN ORDER TO GRANT VARIANCES FROM THE SIGN CODE; BY AMENDING "ADMINIS- TRATION AND ENFORCEMENT" , SECTION 174. S4, "VARIANCES", SUBSECTION 174.54(B)(1), TO PROVIDE ADDITIONAL CRITERIA FOR VARIANCES REQUESTED BECAUSE OF UNNECESSARY ~SHIP, AS WELL AS ClUTElUA FOR A VARIANCE WHICH IS NECESSARY TO MAINTAIN THE HISTORIC CHARACTER OF THE BUILDING, STRUCTURE, SITE, OR DISTRICT, AND AMENDING SUBSECTIaf 174.S4(B)(7) BY ENACTING A HEW SUBSECTIaf 174 . 54 ( b) ( 7 ) (D) TO PRECLUDE SIGN CODE VARIANCES EXCEPT FOR VARIANCES TO THE SIGN CODE FOR THOSE NONCONFORMING SIGNS IN E.XISTENCE ON THE DATE OF THE ENACTMENT OF THE SIGN CODE AND AMENDING SUBSECTION l74.S4(B)(12), TO PROVIDE CLARIFICATION THAT EITHER AN "UNNECESSARY HARDSHIP" OR THE NEED TO MAINTAIN THE HISTORIC CHARACTER OF THE BUILDING STRUCTURE, SITE, PROPERTY OR DISTRICT SHALL SERVE AS A BASIS FOR A VARIANCE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SA....-rNG CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, wishes to clarify certain aspects of Chapter 174, "Historic Preservation" of the Code of Ordinances of the City of Delray Beach, 11 Florida and Ordinance No. 109-88, recently adopted which amended Chapter 174, "Historic Preservation". NOW, '.rHEREFOP.E, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BE1>.CH, FLORIDA, AS FOLLOWS: Section 1. That Chapt,':!r 174, "Historic Preservation" , "Oeneral Provisions", Section 174.02, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is ntoreby amended, by amending the definition of "Undue Economic Hardship" as follows: "t1ndue Economic Hardship". An exceptional financial burden created bv the implementation of or created bv conditions imposed pursuant to Sections 174.31 or 174.33, that might otherwise amount to taking of property without just compensa- tion, 01 failure to achieve a reasonable economic return. Section 2. That Chapter 174, "Historic Preservation", "Cer- tificate of Appropriateness", Section 174.30, "Basic Requirements", Subsection 174.30(B) is hereby amended as follows: (B) Plan appPe~a~ review required. No certificate of appro- priateness will be approved unless ~ae -areft~~ee~~a~ photographs and plans for such construction, reconstruc- tion, relocation, alteration, excavation, restoration, l,enovation, or demolition are appre~ee leviewed by the HistoJ:ic Preservation Board. The aforementioned plans may include one or more of the followinq; site plan and/or survey, elevation plan, landscape plan, floor plan. color chips. architectural drawinqs, sketches or artistic renderinqs, samples of buildinQ materials, engineerinQ reports. or any othel- supporting materials, plans or reports , as deemed necc..sarv by the Historic Preservation Board. Section 3. That Chapter 174, "Historic Preservation" , "Certificate of Appropriateness", Section 174.32, "Initiation and Procedure", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Subsection 174.32IB) by enacting a new Subsection 114.32(B) and amending Subsection l74.32IF), as follows: (F) An application for a Certificate of Appropriateness" must be filed with the Department of Development Services by the first Friday of the month. The applicant shall pay a filing fee of $25.00, and no application will be acted upon by the 'Board unless it contains all required and pertinent information and is accompanied by the required fee. The Board may approve, modify or deny an application for a Certificate of Appropriateness. If the Board approves the application, a Certificate ~f Appropri- ateness will be issued. Construction for which a Certificate of Appropriateness is issued shall ct"mmellct! within 18 months from the date of issuance, (B) 2 ORD. NO. 153-88 . - afte or the ~~rtificate shall expire. ~f-2~'-ef-~"e apprevee_~pre~emeft~5-ftaVe-fte~-Beeft-eemp%e~ee-vi~ftift ~4-m~ft~fts-frem-~he-da~e-ef-iss~afteeT The Board may not approve extensions for certificates of Appropri- ~t~ness. If the Board disapproves the application, a Certificate of Appropriateness shall not be issued. The Board will state its reasons for ~isapproval in writing and present these reasons to the applicant within ten calendar days of the Board's disapproval. 4 Section 4. That Chapter 114, "Historic Preservation" , "Historic Preservation Board", Section 114.43, "POIoIers and Duties", Subsection 114.43(F), of the Code of Ordinances of the City of Delray Beach, Florida is hereb-] amended as follows: (F) Act in lieu of Board of Adjustment. The Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, afte-fer-preper~ies-aBe-s!9ftS; within designated historic districts:- or listed on the Local Register of Historic Places. In addition the Board is em owered to rant variances from the s gn code for those non-conforming signs Wh1Ch existed at the time of enactment of the sign code. Section 5. That Chapter 114, "Historic Preservation", "Mmin- istration and Enforcement", Section 114.54, "Variances", is hereby amended by amending Subsections 114 . 54 ( B)( 1) and 114 ( B)( 12 ) and by amending Subsection 114.54(B)(1) by enacting a new sub-subsection l14.54(B)(1)(D) as follows: ~ . I (B) The Board shall not grant a variance from the ter1llS of existing ordinances unless and until: (1) A written application for a variance is sUbmit- tp.d demonstrating that l' an unnecessary haI shi exists ursuant to the criteria contain~_ wi thin Section 113.911 A 1 and the var ance requested is the min'ilmUll variance necessary that will make pOssible the reasonable use of the building or structure. or that a variance, 1s necessary to aaintain the historic character of the property by demonstrating: la) That a variance would not be contrary to the public interest, safety or welfare. (b) That special conditions and circumstances exist, because of the historic setting, location, nature or character of the land, st.ructure, appurtenance, sign or building involved, which are not applicable to other lands, .tructures, appurtenances, signs or buildings in the same zoninq district, which have not been designed as historic sites or a historic district, nor listed or the Local Register of Historic Places. 4 ~ ~ . , 4 ~ I :) ORn. NO. 153-88 i , , ~ - e t..;) Literal interDretation of the provisions of exist, ing ordinances would alter the historic cha1:actp.r of the historic district or historic site to s1;.ch an extent that it would not be feasible to preserve the historic character of the historic district or historic site. (d) The variance requested is the minimum necessary to maintain the preservation of the historic character of the historic site or of the historic district. (7) Variances Prohibited. (D) Sign Code. The Board is hereby expressly prohibited from qranting a variance fran the sign code. except that the Board may grant a variclnce from the sicm code for those noncon- forming signs which existed at the time of the enactment of the sign code. ( 12) A variance from the terms of existing ordinances shall only be granted to preclude unnecessary hardships and or to maintain the historic character of the building, structure, site, property or district. Section 6. That should any section or provision of this ordinance ur any portion thereof, any paragraph, sentence, word, be declared by a court of competent juriSdiction to be invalid, such decision shall not effect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 8. That this ordinance shall become a effective immediately, upon second and final reading. PASSED AND 1.DOPTED in regular sess.ioD on second and final reading this day of , 1988. l'I A Y 0 R ATTEST: City Clark First Reading Second Reading 4 ORD. NO. 153-88 r , ORD:N~~~E NO. J55-88 AN "l:t\DINl-.NCE 0F 'THE UTi Cor~ISSION OF :'HE CITY OF 1)ELRAY BE1..CH, FLORIDA, AMENDING CHAPTER 36. "1"lNANCE; CITY PROPERTY nta.NSAC'TIONS", or THE CODE vF ORDINi\NCES OF THE CITY OF DELRP.Y BEACH, FLORIDA, BY ADDING A NEW SECTION 36,08, "EMERGENCY ,C't'RCHASES", TO PROVIDE F:)R THE pnOCEDURE~ AND REQUIREMENTs FOR CITY PURCHASING IN THE r:ASE OF EMERGENCIF.S; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida 1eems it to be in the best interest of the residents and citi'!:cns of the City of DelrilY Beach, Florida, and in the interest of efficient management in the case of emergencies, to provide for proce- dures in the Code of Ordinances of the City of Delray Beach, Florida, for emergency purchases. ~!O\~ THEREFORE, BE IT OP.DAINED BY THE CITY COMMISSIOl'! OF THE CrT'l OF DELRAY BEACH, FLOFIDA, AS FOLLOWS: Section 1. That Chapter ~ 6, "Finance; Ci ty Property Tran:;ac- tions", of the Cod~ cf Ordinances of the City of Delray Beach, Florida, be 3nd the same is. hereby a'!lended by adding ;!. new Section 35.08, "Emergency I'urchases", t.o read as follows: The provisions of Section 36.02 notwithstanding, the City Manager or his designee, as specified in writing, shall have ~he 3\.ithority to mOlke certain e:nergenc}' purchases only in the instance when the health, safety, or general welfare of all or a significant specified portion of the r~sidents of the City of Dclray Beach are affected. Ii Ii I (,'\, The City Manager chaD incti tute wri tten aoministrative procedures for the proper '~xecution of the! emergency purchases by City admini~trative staff as set forth herein. ii I; Ii I' ,I If I' , (b) For emergency purchases \~hich are not antici- pated to exceed ten thousand dollars ! $"-0,000,00). the City Manaqer shall have thc authority to waive the provisions set forth in Section 36,02 of the Code of Ordinances. ! , i , I (c) For emergency purchases which are anticipated to exceed the sum of ten thousand dollars :$10,000.00>, the Ci~y Manager ~hall first endeavo\" to notify the Mayor for purposes of ~~lling a special emergency meeting of the City Ccmmi~~ion to ~pprcve suid purchase in advance. I! the City Mclnager determi.nes that a quorum f':)r such an emergency special City Commission :nceting C'annot be oDtained, the City Manager ~hall have the authorjty to make sueh purchases provined that the City ManClger notifies the ::'1 ty Commi:;sion both verbally and in writing wi t 1-.in t,wenty-four (21) hcurl> after the " ~ : Ii ,q . I p\lr~hase has been executed, and that the purc~~se shall bc subsequently ratified by the City Commission at the next regularly scheduled City Commission meeting. (d) For purposes of this section, the definition of oi emergency shall mean whenever the health, safety, or general welfare of all the resi- dents, or significant specified portion of the residcnts, of the City of Delray Beach are affected or shall be irreparably harmed should the purchase occur through the regular purchas- ing procedures set forth in Section 36.02, rather than utilizing the emergency procedures set forth hcrein. ~ect ion '2. That should any scction 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 d.p.cision 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. That all ordinances or parts of ordinances in cnnflict herewith be, and the sa~e are hereby repealed. Section 4. That this ordinance shall become effective immedi- ately upon passage on second and final reading. PASSED AND ADOPTED in regular session reading on this the day of on second and final , 1988. i: II II :, JI.'I"1'EST: !I :'JAYOR City Cl~rk 1='irst Reading November 22, 1988 Sccond Reading I: " -, ~ ORD. tlo. 155-88 ~ :. ---. .~. I L ' IZI) 'I ,.......,01' ~ . '(1-65)"~-~-' ~ ""\:;;I n '. ' - rTZ ). . It, , 'I~ ,.7 ,._L.. ---,.." I , 'O' ," '''; ~ .._' -7'" ail:': , , ,. 'i !~, ~ flIlBJll '-~". 'I (5~~2~) ,\,-AC ~l.. ~ " . . 'f j' [l;J. .. ~. rn' ~ ~. 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"..n / t ORDINANCE NO. 156-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING BLOCK 125, EXCLUDING THE SOUTH 250' OF THE NORTH 488.6' OF THE WEST 100' OF BLOCK 125, THAT PART OF BLOCK 133 LYING WEST OF THE INTRACOASTAL WATERWAY, THE EAST HALF OF BLOCK 118, ALL OF BLOCK 126, THAT PORTION OF BLOCK 134 LYING WEST OF THE INTRACOASTAL WATERWAY, THE EAST HALF OF BLOCK 119, ALL OF BLOCK 127, THE EAST HALF OF BLOCK 120 AND ALL OF BLOCK 128, ALL WITHIN THE TOWN OF LINTON PLAT, AS RECORDED IN PLAT BOOK 1, PAGE 3, PALM BEACH COUNTY RECORDS, AN HISTORIC PRESERVATION DISTRICT; AMENDING ZONING MAP OF DELRAY BEACH, FLORIDA, 1983; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Board, at the meeting held on October 27, 1988, unanimously recommended that the designation of lands bounded by East Atlantic Avenue on the north; S.E. 4th Street on the south; the Intracoastal Waterway on the east; the western boundary being S.E. 7th Avenue from E. Atlantic Avenue, south to S.E. 1st Street (excluding lots 12 through 21 in Block 125), west on S.E. 1st Street to the alley in the middle of Block 118, south through Block 119 and the east half of Block 120,as an Historic District, J NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as an Historic District: ...J Block 125, excluding the south 250' of the north 488.6' of the west 100' of Block 125, along with that part of Block 133 lying west of the Intracoastal Waterway, together with the east half of Block 118, along with all of Block 126, together with that portion of Block 134 lying west of the Intracoastal waterway, along with the east half of Block 119, together with all of Block 127, along with the east half of Block 120, and all of Block 128, all within the Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. Section 2. That the Planning Director of the City of De1ray Beach, Florida, shall, upon the effective date of this ordinance, amend the Zoning Map of Delray Beach, Florida, to show, in an overlay manner, the above designation. Section 3. That this ordinance shall become effective ten days after passage on second and final reading. ,-I J ....I j PASSED AND ADOPTED in regular reading on this the ____ day of session on second and , 1988. final ..J l MAYOR ATTEST: City Clerk First Reading Second Reading ~o . ORDINANCE NO. 157-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 172, "SUBDIVI- SION CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DEL RAY BEACH, FLORIDA, BY AMENDING SECTION 172.03, "DEFINITIONS", "STREETS", SUBPARAGRAPH (6), "PRIV ATE STREET", TO CORRECT A SCRIVENER'S ERROR; 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 FOLT"OWS: Section 1. That Chapter 172, "Subdivision Code", Section 172.03, "Defini- tions", "Streets", Subparagraph (6), "Private Street", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (6) "Private Street". Any street which is has not been dedicated te-tfte for public use and not accepted for o\vnership and maintenance by the city. Setbacks for private streets siiiiII be measured from the access easement line. 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. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 19 MAYOR ATTEST: J City Clerk First Reading . Second Reading -. " 1-1 . ORDINANCE NO, 158-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR LOTS 1 AND 2. BLOCK "D". JOHN B, REID'S VILLAGE. DELRAY BEACH. FLORIDA. ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY. FLORIDA, RECORDED IN PLAT BOOK 21. PAGE 95. FROM P (PUBLIC) TO MF-15 (MULTIPLE FAMILY 15 UNITS/ACRE); SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF MIRAMAR DRIVE AND VENE- TIAN DRIVE; AMENDING THE LAND USE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE, :1 . ..~ .. ,:it' NOW. THEREFORE. BE IT ORDAINED BY THE CITY OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS: COMMISSION Section 1, That the legal description of the subject property is as follows: Lots 1 and 2. Block" D" . JOHN B. RE In'S VILLAGE. Delray Beach. Florida. according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County. Florida. recorded in Plat Book 21. Page 95, The subject property is located at the southeast corner of Miramar Drive and Vene- tian Drive. Delray Beach, Florida, The above-described parcel contains a 1.04 acre parcel of land. more or less. Saction 2 That the Land Use Plan designation of the subject property in the Comprehensive Plan adopted by Ordinance No. 65-79 is hereby changed to MF-15 (Multiple Family 15 uni ts /acre) . Section ~, That the Planning Director of the City of Delray Beach shall. upon the effective date of this ordinance, change the Land Use Plan of Delray Beach. Florida. to conform with the provisions hereof. Section 4, That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Section 5. That should any section or 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 6. That this ordinance shall become effective immediately upon passage on second and final reading, t.:~ '. 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 .J j .. - 2 - Ord. No. 158-88 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS MAIL ADDRESS 246 SEA ROAD GULF STREAM, FLORIDA 33444 TEL.: GULF STREAM 276.5116 William F. Koch, Jr., Mayor Joel Hunter, Vice Mayor Alan I. Armour Robert J. olnon Brian Pfelller December 13, 1988 Town Manager WILLIAM E. GWYNN Deputy Town Clerk BARBARA GWYNN Chief 01 Police JAMES GREER Mayor Doak Campbell City of Delray Beach 100 NW 1st Avenue Delray Beach, Fl. 33444 Dear Mayor Campbell: On Friday December 9, the owners of the Marina Cay Project presented plans for their development of the following described property adjacent to the city limits of the Town of Gulf stream: All of the North 324.04 feet of Lot 38, Section 9, Township 46 South, Range 43 East, lying East of the East right of way line of the Federal Highway, being State Road 5, and extending to the Intracoastal Waterway, lying and being in Palm Beach County, Florida as per Plat recorded in Plat Book 8 at page 40 of the public records of palm Beach County, Florida. After full discussion of the proposal, and approval of a written agreement between the developers and the Town, the Town of Gulf Stream, withdraws its previous objections and supports the Marina Cay project as it was presented at December 9th meeting. F. Kocf:~ } ',,--,' ORDINANCE NO, 159-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, AMENDING THE TEXT OF THE LAND USE ELEMENT OF THE COMPRE- HENSIVE PLAN BY CREATING A LARGE SCALE MIXED USE DEVELOPMENT DESIGNATION. WHICH LAND USE CATEGORY WILL BE SHOWN ON THE LAND USE PLAN MAP IN AN OVERLAY MANNER AND WILL BE INTENDED TO IDENTIFY THE APPROXIMATE LOCATION OF AREAS WHICH MAY BE SUITED FOR SUCH LARGE SCALE MIXED USE DEVELOPMENT; PROVIDING FOR A DEFINITION AND CRITERIA; 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 1, That the text of the Large Scale Mixed Use Development is as follows: The general development philosophy of the City of Delray Beach is to maintain a village-like community, However. in certain locations it is necessary to accommodate a more intensive scale of development in order to achieve redevelopment or the arresting of decaying and/or blighted areas. The application of the "Large Scale Mixed Use" land use designation on certain properties provides one avenue for achieving this need, !i II I' The "Large Scale Mixed Use" designation shall be shown on the Land Use Map in the following manner: its outer perimeter shall be clearly delin- eated and shall include. as applicable. such features as waterways, waterbodies, property lines. and major streets; it shall be an overlay which is imposed upon the underlYing land use designations; the legend shall refer to the Land Use Element text for the manner in which develop- ment within the designation is pursued. The "Large Scale Mixed Use" concept is defined and pursued as follows: it includes the horizontal and/or vertical relationship of office, retail. residential, service. and recreational land uses (or any combination thereof) within a single. unified development; it shall generally be in'excess of ten (10) contiguous acres; the actual development shall be processed and approved through the City's Special Activi- ties D18trict (SAD) zoning designation. At the time that SAD zoning is sought, a deter- mination of consistency with other relevant aspects of' The ComprehenAive Plan must be made. along with establishment of the mix and intensity of land uses; 1--3 o In order to assist the City in making a determination relative to intensity of use, at a minimum, the follow- ing items must be presented with the SAD zoning peti- tion; a traffic impact study; a water demand and sewer impact study; an economic feasibility study for the project; and an adjacent property impact study, said study to address physical relationships, as ex- pressed through design features, e.g, , height, bulk, view corridors, shadows, etc" of the project to adjacent properties; it shall also address the impact upon nearby community landmarks and design features, if any, The det,erminat,ion relative to the maximum intenstty and mix 0f use. shall be made through using one of the following techniques. The choice of technique to be used rests solely within the discretion of the project proponent. not the City, In both cases, the land uses which are allowed for the project shall be the same as shown as the underlYing or base land uses for the area encompassed within the overall project boundaries as depicted on the Land Use Map, except that when within the project boundaries there are underlYing Single Family and Multi Family designations and if the area which is designated Single Family is ten percent (10%) or less than the area of the project that is designated Multi Family then the units that would otherwise be single family may, if desired by the project applicant, be constructed as multi-family type units, Tradittonai A~~roach; This approach may be used when the project does not approach maximum development limits. The resulting ratio or relative relationship of one use to another when utilizing this approach does not have to be the same as would result when Ilsing the Maximum Ratio Approach set forth below. (a) Show on a site plan what one might expect to see if the property were developed independently for each of the underlYing land use desianations under (then) current market conditions, e.g., a commercial site plan for that land with a commercial desianation and a residential site plan for that land with a residential designation. (b) Mix the commercial and/or office and/or service floor area from the Commercial site plan with the unit count from the residential site plan and design an integrated use (mixed use) over the entire site. - 2 - Ord. No. 159-88 /' ' i \J Maximum Ratio Aooroach: A key element of this approach is that the resulting ratio or relative relationship of one use to another as established when applying the formula in (a) and (b) below be approximately maintained for the project: I II (a) The maximum floor area for nonresiden- tial uses (commercial, retail. office. service. industrial) shall be estab- lished as being equal to one hundred percent (100%) of the total area encom- passed within the boundaries of the nonresidential designation as shown on the Land Use Map; Example: Commercial area of 1.8 acres = 78.408 sQ,ft, of commercial land area; 78,408 times 1,00 = 78.408 nonresidential (commercial. etc, 1 floor area maximum, sQ,ft, of office. (b) The maximum unit count shall be estab- lished by calculating the acreage of the total area encompassed by residential designations on the Land Use Map and multiplying it by the highest permissi- ble density for those designations and then adding a factor of ten percent (10%1 more, Example: 8,4 acres shown as MF-10 and 1.3 acres shown as MF-15: 8,4 times 10 = 84 1,3 times 15 = 19.5 rounded to 20 (84 + 20) times 1.10 = 114.4 = 115 units maximum (el Mix the land uses in a ratio consistent with the maximums as determined above: for example (using the numbers from the examples), the maximum nonresidential floor area is 78.408 sQ.ft.; the maximum residential unit count is 115. If either the nonresidential or the resi- dential component of the LSMU project is reduced below the maximum. the other component of the project must also be reduced so that the approximate relative relationship of one type of use to the other is maintained, i.e., in this example the relationship would be maintained in the following reductions: 75%; 58,806 SQ. ft. nonresidential with 86 units; 50%; 39,204 sQ. ft. nonresidential with 58 units. etc. (d) The program for build-out (phasing), if any, shall be included in the SAD petition and shall require that each phase of development be completed in an approximate proportion to 'the maximum uses ratio, - 3 - Ord. No. 159-88 '--./ I' ,I I Example: Using the above examples. the maximum use ratio would be that for each 681,81 sq,ft, of retail or office use. there would be one residential unit, Notwithstanding the above. as a part of the SAD application. alternatives to maintaining the approximate proportion of the maximum uses ratio as set forth above may be proposed and approved, In the event that property owners choose not to proceed under the "Large Scale Mixed Use" designation. develop- ment shall be consistent with the underlYing or base land use designations as delineated on the Land Use Map, II il II I I The de'signation of "Large Scale Mixed Use" does not require the City to ultimately approve such a project, If. after review of the SAD zoning petition. accompany- ing materials. and assessment of the project against other aspects of the Comprehensive Plan and good zoning principles. it is determined that the proposed project is not in the overall best interests of the City. it may be rejected and development shall proceed per the underlYing or base land use designations, aection 2, That the Planning Director of the City of Delray Be~ch shall, upon the effective date of this ordinance. amend the text of the Land Use Plan Element of Delray Beach, Florida, to conform with the provisions hereof. 5.e.c.ti.QIL3..._ 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. Sectio~ 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 , 19_, MAY 0 R ATTEST: City Clerk , First Reading Second Reading - 4 - Ord. No. 159-88 C I T Y COM MIS S ION DOC U MEN TAT ION TO: WALTER O. BARRY, CITY MANAGER ~~ ~ \ZcW~'- DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF DECEMBER 13, 1988 AGENDA ITEM ORDINANCE 159-88, L.S.M.U. PLAN TEXT AMENDMENT ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval, on second reading, of this amendment to the text of the Land Use Element. A public hearing is required. BACKGROUND: This item had first reading at the last meeting of the City Commission. Subsequently it was discussed at a work session of the Commission. At that time, additional modifications requested by Mr. Roger Saberson were accommodated as was setting the "ratio" for the "maximum ratio approach" at 1.0. The ratio of 1. 0 was accommodated only in order to allow the proposed Marina Cay project to continue processing to the rezoning level. It will be necessary for the project proponents to obtain a S.A.D. zoning designation in order to construct the project. At the work session, all parties agreed to the above and that at the time of adoption of Ordinance 159-88 the City Commission should provide direction to staff as follows: 1) that the Land Use Element of the Comprehensive Plan (now under revision) shall establish the ratio at .75. 2) that the Land Use Map of the Comprehensive Plan (now under revision) shall, in the form submitted to D.C.A. for formal review, include two designations for the Marina Cay property. They shall be as follows: a) an allocation of two acres of commercial land use along the Federal Highway frontage of the property with the balance being equivalent to the current designation of MF-10; and, ~ _. . It "7-3 , To: Walter o. rry, City Manager Re: City Commission Documention Meeting of December 13, 1988 Ordinance 159-88, L.S.M.U. Plan Text Amendment Page 2 b) any other designation as recommended by Planning and Zoning Board and accepted by the Commission (this may be the same as per "an). the City 3) at the time of final adoption (anticipated to be December of 1989), the City Commission shall consider the progress made on the proposed Marina Cay L.S.M.U. project and shall apply the most appropriate, in its judgement, land use map designation. In another procedural amendment. matter, correspondence concerns regarding That correspondence is from the City enactment of attached. Attorney raises the proposed RECOMMENDED ACTION: By motion, approve Ordinance 159-88 on second and final reading" and direct that the City Clerk include points 1, 2, and 3 as described in this staff report in the Minutes of this meeting in order to document said City Commission direction. Attachment: memorandum from the City Attorney Ordinance 159-88 prepared by others c: Roger Saberson, Agent for Marina Cay REFDJK*30/CCLSMU.TXT ~ - .. . . " , ORDINANCE NO. 160-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING AND BEING IN SECTION 9. TOWNSHIP 46 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA. TO ACCOMMODATE THE OVERLAY DESIGNATION OF LARGE SCALE MIXED USE DEVELOPMENT; SAID LAND IS LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY. BETWEEN ALLEN AVENUE AND THE DELRAY DRIVE-IN THEATER; PROVIDING A GENERAL REPEAL- ER CLAUSE: PROVIDING A SAVING CLAUSE: PROVID- ING AN EFFECTIVE DATE, NOW. THEREFORE, BE IT ORDAINED BY THE CITY OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: COKM ISS ION :P ;.11 s ped.r i- Section 1, That the legal description of a cally affected parcel is as follows: All of the North 324,04 feet of Lot 38. Subdivision of Section 9, Township 46 South, Range 43 East. Palm Beach County. Florida. lYing east of the East Right-of-Way line of the Federal Highway. being State Road 5, and extending to the Intracoastal Waterway, as per Plat recorded in Plat Book 8 at Page 40 of the Public Records of Palm Beach County. Florida; and Tract "A", SNOW HILL. according to the Plat thereof recorded in Plat Book 21. Page 83 of the Public Records of Palm Beach County. Florida, Section 2. That the Land Use Plan designation of the subject property as shown on the Comprehensive Plan is hereby amended to affix the designation of a Large Scale Mixed Use Development Overlay, Section 3 That the Planning Director of the City of Delray Beach. Florida. shall, upon the effective date of this ordinance. change the Land Use Plan of Delray Beach. Florida. to conform with the provisions hereof. Section 4 That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. , Section 5. That should any section or 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 6, That this ordinance shall become effective immediately upon passage on second and final readina. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 19___. MAY 0 R ATTEST: City Clerk First Reading Second Readlng ~'1 MARZAM EXCAVATING, INL.. 608 SW 6TH AVE. F'l'. LAUD:rnDALE, FL 33315 305-763-6755 October 31, 1988 City of Delray Beach City Hall Delray Beach, FL Attn: Walter Barry, City Manager SUBJECT: City Council Meeting Agenda Dear Sir: I hereby request to appear on the agenda of the next city council meeting for the purpose of waiving Open Burning Ordinance #96.04. The job is for Wallace Ford and the legal description of the project is as follows: That part of the west half of Lot 31 lying east of Germantown Road and that part of the east half of Lot 23 lying east of Germantown Road, subdivision of Section 20, township 46 south, range 43 east, Palm Beach County, Florida, according to the plat t hereof recorded in Plat Book 1 at Page 4 of the public records of Palm Beaoh County, Florida. The area involved is approximately 8 acres. The proposed burning site is situated a minimum of 300 feet from all property lines and a minimum of 400 feet from the nearest res idence. Marzam Excavating, Inc. has three (3) years experience in the field of controlled burning and has already done one such job in Delray Beach. This job was successfully completed, without any complaints, in January of this year and was located at the southeast corner of Linton Blvd. and 1-95, just south of Wallace Ford. Your consideration in this matter will be greatly appreciated. Sincerely, w~ {L.l,L--- Wayne Fedeles Vice President WF/sf , C ~ r I ~~. l l-- . ."'" .-- - -~_._--,--- . .::JS , DEPARTV1ENTAL CORRESPONDENCE EITY DF DELRAY BEA[H ~~(j TO WALTER BARRY, CITY MANAGER FROM KERRY B. KOEN, FIRE CHIEF REQUEST FOR OPEN BURNING - WALLACE FORD, INC. SUBJECT C~TE Nov 10, 1988 I have reviewed the proposed location and have no objection to a waiver of Ordinance No. 96.04, within the context of fire safety conditions if Wallace Ford requests this from the City Commission. The approval is subject to the following conditions: 1. The burning system must be located within 150 feet of the shell rock yard on the north side of the property. 2. Vegetation (other than trees 4" or larger in trunk diameter not otherwise permitted for removal) shall be cleared to a minimum of 200 feet adjacent to the burn pit. 3. No burning shall occur before 9:00 A.M. or continue after sunset. 4. The Fire Department retains the authority to order the cessation of all operations at any time due to wind, weather or other adverse conditions. 5. The contractor shall provide competent staff on the scene to facilitate the requirements of the Fire Department. The site shall never be unattended while burning is in progress. 6. All burning system equipment shall be in good condition and repair at all times to maintain combustion efficiency. 7. The burning pit shall not be raked or cleaned of ash when wind conditions would distribute the ash over any developed area. eM 362 THE EFFORT ALWAYS MATTERS f , . ! r t.......a.. l__ . ---.--...,--- .. . l t l c ; Walter Barry, City Manager Request for Open Burning Wallace Ford, Inc. November 10, 1988 Page Two 8. The access gate shall remain unlocked and open during the burn operation. 9. All poles shall be removed from the yard currently occupied by Florida Power and Light prior to commencement of burning operations to provide access to the site from the north. 10. The sand pile south of the access yard shall be leveled prior to burning operations to facilitate access to the site. \I~ lS.\~ Kerry B. Koen Fire Chief ( KBK/dr , ~ , . \........-~ l._ ~.__._._. .. - ..,-- -. ~ . , I , I r " , " , j I i Ii ,I II II if 'I I: " , I' I, " Ii , I' I ORDINANCE NO. 99-8i AN ORDINANCE OF THE CITY C~:1~::IL OF 't'HE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE TEXT nF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CREATING A LARGE SCALE MIXED USE DEVELOPMENT DESIGNATION, WHICH LAND USE CATEGORY WILL BE SHOWN ON THE LAND USE PLAN MAP IN AN OVERLAY MANNER AND WILL BE INTENDED TO IDENTIFY THE APPROXIMATE LOCATION OF AREAS WHICH MAY BE SUITED FOR SUCH LARGE SCALE MIXED USE DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the text of the Large Scale Mixed Use Development is as follows: I ,I 'I I, I! The Land Use Map identifies the approximate location of areas which may be suited for large scale, mixed use development. Mixed use development, for the purposes of this section includes the horizontal and/or vertical relationship of office, retail, residential, service, and recreational land uses (or any combination there of) within a single, unified development generally in excess of ten (10) acres. The actual development must be processed and approved through the City's Special Activities District (SAD). At the time the zoning application is considered, a determination of consistency with other relevant aspects of The Comprehensive Plan must be made. In order to assist the City in making such a determination, at a minimum, the fOllowing items must be presented with the rezoning application: a traffic impact study; a water demand and sewer impact study; an economic feasibility study; an adjacent property impact study, said be limited to physical relationships project to adjacent properties; a schematic design Showing the general of the development and its relationship to adjacent properties but to community and design features. study to of the character not only landmarks This land use category/designation is shown on the land use map in a overlay manner i.e., it is marked with a special symbol overlaying a general area. In the event land is not developed for a large scale, mixed use. individual properties may develop pursuant to the underlying land use classifications. Section 2. That the Planning Director of the City of Delray Beach shall, upon the effective date of this ordinance, amend the text of the Land Use Plan Element of Delray Beach, Florida, to conform with the provisions hereof. J,io '11 Ii I, II " i !: :1 iI I; Ii I " Section 3. That this ordinance shall become effective t~n days after passage on second and final reading. PASSED AND ADOPTED reading on this the in special session day of on second and final , 1987. MAYOR " " " " il I ! i , ATTEST: I: I II City Clerk First Reading Second Reading December l, 1987 " I, , , , I r I 'I I, I' I: I' li " !: , " i! I I I I , I , i , I I I I' 2 Ord. No. 99-87 o " Ii ii II !: ORDINANCE NO, 100-87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHEN- SIVE PLAN FOR LAND IN SECTION 9, TOWNSHIP 46 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. GENERALLY IN THE VICINITY OF THE DELRAY DRIVE-IN AND SPECIFICALLY INCLUDING A PARCEL LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, BETWEEN ALLEN AVENUE AND THE DELRAY DRIVE-IN THEATRE FROM C (COMMERCIAL), IN PART, MF-10 (MlJLTIPLE' FAMILY 10 UNITS/ACRE), IN PART. AND SF (SINGLE FAMILY), IN PART. TO ACCOMMODATE THE OVERLAY DESIGNA- TION OF LARGE SCALE MIXED USE DEVELOPMENT; PROVIDING AN EFFECTIVE DATE, " II ii Ii I' , !! NOW, XHEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Sp-~tion 1 That the legal description of a specifical- ly affected parcel is as followB: " 'I II I' ,I All of the North 324,04 feet of Lot 38, Section 9, Township 46 South, Range 43 East, lying East of the East Right-of-Way line of the Federal Highway. being State Road 5. and extending to the Intracoastal Water- way, as per Plat recorded in Plat Book 8 at Page 40 of the Public Records of Palm Beach County, Florida; and Tract "A", Snow Hill. according to the Plat thereof recorded in Plat Book 21, Page 83 of the Public Records of Palm Beach County, Florida. Sp-ctiQ~ That the Land subject property and other parcels development with it as shown on the amended to affix the designation Development Overlay, Use Plan deSignation of the which may be aggregated for Comprehensive Plan is hereby of a Large Scale Mixed Use ae~tion 3, That the Planning Director of the City of Delray Beach shall, upon the effective date of this ordinance, change the Land Use Plan of Delray Beach, Florida, to conform with the provisions hereof, Sf'!ct,ion A~ That this ordinance shall become effective ten (10) days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 19__. MAY 0 R ATTEST: .----------------0-__ ._________ City Clerk First Reading -De~emb~~~B1- Second Reading ______.___ 1--7 400 SOUTHWEST TENTH STREET DElRAY BEACH, FLORIDA 33444 ''''1} ~ At:CEiV hD NOV 2 3 1918 CITY MANAuER'S OFFICE CPtne g~ove 8Qetnenfa~y ~~ooQ TELEPHONE: 243-1554 JUDITH KURZAWSKI PAlNCI'AI. MAUNDA KIDD ASSISTANT PRINQPAL November 22, 1988 Mr. Walter Barry, City Manager Delray Beach City Hall 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Barry: School safety patrol members in good standing may attend the district wide patrol trip to Washington, D.C. at a cost of $230.00 per student. Many of our students qualify, but are unable to attend because their parents or guardians cannot afford the total cost of the trip which is payable in full the first week after the winter break. Nearly 60% of our student bOdy is presently receiving free or reduced lunch. We have supplemented part of the cost through fund ralslng activities and PTA contributions, but we still need additional dollars to enable more students to participate in this very valuable experience. I am therefore requesting a donation of $1,000.00 from the City of Delray Beach to assist in this project. Additional information regarding the trip will be made available to you upon request. We look forward to your sponsorship of this "once in a lifetime" opportunity for our students. JK:aw ~spectfullY' . 4-<. ,{;~L <<~~~ h 'Kurzawski f/ Principal cc: Doak Campbell, Mayor Marie Horenburger, Commissioner Patricia Brainard, Commissioner Jimmy Weatherspoon, Commissioner Mary McCarty, Commissioner ~g December OS, 1985 MEMORANDUM TO: WALTER O. BARRY, CITY MANAGER LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT rID FROM: RE: PROPOSED AUBURN TRACE DEVELOPMENT STAFF COMMITTEE REVIEW COMPARATIVE EVALUATION CRITERIA The staff review committee provided a detailed report to the City Commission on November 29th using the comparative evaluation criteria that was established to review the three (3) proposals submitted in response to the City's RFP to develop 38 acres of city owned property into affordable multi-family rental units. Pursuant to our direction from the commission and yourself, each developer was asked to clarify specific items of their submission and was given an opportunity to amend their proposals with the established deadline of l2/06/S8. The staff review committee has completed its review of materials submitted and analyzed the amended proposal submitted by the Auburn Trace Joint Venture Group using the comparative evaluation criteria. Both Procacci and Briscoe Corporations elected not to amend their proposals. The results of the evaluation are attached. For the record, the proposals are as follows: 1 BR 2 BR 3 BR Auburn Trace Joint Venture Group 64 140 52 Briscoe Development Corp. 96 208 64 Procacci Dev./Joint Venture ~..,-f (11- 'fll (Palm Beach County Housing Partnership) 80 192 64 Total Units 256 368 336 All three proposals contain ammenities with variations in size only of swimming pools, club house, basketball and volleyball courts, laundry facilities, day care center and tot lots. ~ " ~ \ l.\n fF/' J- \\< K~xr' "u~ '. ~JiI'- \.u> .<\~~. "" i'. ,Y 1jI"V' . ~~ i 'cJiY'- \ ();rt.'\: $ J. :Uy . a \ '" ~(}j\ ~~ .\}.. {c. '\\!:-~ ..-' 'i jJA"AS' ",-.r).z (')t,5< ':;! ,~ ""Apt ~ _. --_.._.~---- a1 ~ , Page 2 Walter o. Barry Staff Review/Auburn Trace SUMMARY: Staff has determined that all three proposals are responsive to the City's RFP. They are fairly equal in site plan submissions as each contain multiple family projects that appear able to meet the basic requirements of zoning, drainage and addresses internal traffic and street network per staff directives. The financial pro-forma factors are addressed as a separate item, the attached spread sheet provides a summary of the fiscal impact and the net return to the city. The percentage difference between each is very low, thus making them more equal. In conclusion, staff has determined that all fairly equal, but each could be selected on a as listed below: three proposals are different strength -Auburn Trace Joint Venture Group: Proposal to construct 256 units on the 38 acre tract is more responsive to Commissioners concern' on density and has a slightly higher net financial return to the city over the 15 year payback period. -Briscoe Development Company: Is the only developer with direct experience in planning, constructing and managing a UDAG multi-family project, The company has what appears to be a successful project in Riveria Beach and in under construction on its second project in the western part of the county. -Procacci Devel~~entL~2int Venture: Is the current assigned developer to the C1tYiS UDAG grant agreement. This developer would be requesting the least amount of changes and amendments could be reviewed and processed by the HUD staff over a shorter period of time, which is essential to the developer meeting his construction start date of early May, 1989. Since the appeal process for amending he grant agreement is controlled by HUD, this developer would have a slight edge over the others, and would therefore carry the lowest risk to the city in its ability to move forward with this project. Based upon the above, and that the weighting or importance of what we have identified as strengths rests with the Commission. It is the review committee's opinion to not change its previous recommendation. The developer's responses to our December 2, 1988 are attached. A:UDAG.4 ~ - - . ~......--- . l! , COMPARATIVE EVALUATION CRITERIA PROPOSED AUBURN TRACE DEVELOPMENT BRISCOE PROCACCI JOINT VENTURE 1. Experience and track record - Construction of Residential Units - Planning & Admin. of UDAG - Management of Similar Projects - Cohesiveness of Project Team + + + + +/- +/- + + + + 2. Quality of Development & Responsive- ness to Commission's concerns - Ammenities - Response to RFP - Density - Concept/livability 3. Schedule of Delivery + + + + + + + + + + + + 4. Financial Committments of Developer - Equity - Financial Committment/Private - Off-site Improvements + +/- + + +/- + + 5. Financial Pro-forma Factors - City out-of-pocket expenses - Net return to the City - Risk Factor +/- +/- +/- + + 6. Identification & Qualification of intended market - "affordable Housing for Delray Beach Residents. + +/- +/- ~ - .. -. -... ...- ..... . ~ , ADDITIONAL CRITERIA: A. Site Plan - Ability to meet applicable zoning regulations - Comparability to other develop- ment regulations - utilities & Drainage B. Traffic flow, Access and Circulation + + + +/- + +/- + +/- + - Internal Circulation - relationship to street network - Participation/Obligation + + + + + + + +/- +/- C. UDAG Implications - Amendments Required - Applicants committment to provide revised grant agreement to HUD - Risk Factor +/- + +/- + +/- +/- + + SUMMARY OF CRITERIA FACTORS: 1. Experience & Track Record 2. Quality of Developer's Response z. Schedule of Delivery 4. Financial Committment 5. Financial Pro-forma 6. Identification of Market A. Site Plan B. Traffic Flow/Access C. UDAG Implications Briscoe Met by All Met by All Procacci/AT Joint Ven. Joint Venture Briscoe Met By All Met By All Procacci/Briscoe ~ -. . ~ , MEMORANDUM TO: Lula Butler Director of Community Improvement FROM: @ David M. Huddleston Director of Finance SUBJECT: Low/Moderate Income Housing Proposal DATE: December 9. 1988 As a result of our meeting of December 8. 1988. the following analysis is provided for rating Criteria Numbers Four and Five: ITEM FOUR: FINANCIAL COMMITMENTS OF DEVELOPER A. EQUITY Equity has been considered for developer's equity in the project projects from which the City investments in the project. the three proposals because provides financial interest in could seek remuneration for the the our The Briscoe Company Procacci/PaIm Beach County Housing Auburn Trace Joint Venture (-) (+) (+) Both Procacci and Joint Venture received (+) ratings for this category because Procacci will have a $3.413.818 equity and Joint Venture will have a $3.369.300 equity. Briscoe's financing plan will provide for no equity. B. FINANCIAL COMMITMENT/PRIVATE This category requires each of the proposals to provide a financing commitment letter from a third party. All three have responded to this request. The Briscoe Company Procacci/Palm Beach County Housing Auburn Trace Joint Venture (+) (+) (+) C. OFF-SITE IMPROVEMENTS Thi8 category reflects the City'. overall commitment to the project for off-8ite improvements. Auburn Trace Joint Venture The Briscoe Company Procacci/PaIm Beach County Housing (+) (+/-) (+/-) -~ - . , , Lula Butler. Director of Community Improvement Page Two December 9. 1988 Joint Venture's second proposal for the 256-unit project provided a commitment to do all off-site road improvements based on proper support documentation. Although Joint Venture's letter provided by GAS indicated there was some difference of opinion as to the actual improvements. it was generally felt that their commitment limited the City to the initial $200,000 investment. The (+) side in Briscoe's rating is due to the fact that he only requested $50.000 under Option Band $-0- under Option A for off-site improvements. Briscoe has allocated $200.000 of our matching grant for off-site improvements. However. they indicated that if the off-site improvements exceeded $200,000. they would reallocate within or seek additional project finanCing. This language was not sufficiently clear as to whether or not additional project financing would be requested from the City and. therefore. a (+/_) rating. Procacci requested $200,000 in off-site improvements and provided a more definitive outline of off-site improvements. However. they did not clearly state that in the event of additional site plan changes requiring other modifications that those would clearly be their costs. Because actual site plans have not' been approved, the overall evaluation of this category was very difficult and was based upon the implied intent to limit the City's financial participation to $200.000. ITEM FIVE: FINANCIAL PRO-FORMA FACTORS A. CITY OUT-OF-POCKET EXPENSES This category is their share of Authority's land measured by the actual costs the City will expend for the matching grant, the purchase of the Housing and off-Site improvements. Auburn Trace Joint Venture The Briscoe Company Procacci/Palm Beach County Housing (+) (+/-) (-) The City's out-of-pocket costs are as follows: Auburn Trace Joint Venture The Briscoe Company - Option A The Briscoe Company - Option B Procacci/Palm Beach County Housing $1.243.000 $1.284.772 $1.334.972 $1.479.640 B. NET RETURN TO THE CITY The net return to the City is determined by the implied rate of return based upon the developer's payback for reimbursement to the City based upon the City'. initial out-of-pocket costs. ~ -, -. .- .. #.. .-- _. . - , Lula Butler, Director of Community Improvement Page Three December 9, 1988 Auburn Trace Joint Venture The Briscoe Company Procacci/Palm Beach County Housing (+) (+/-) (+/-) The internal rate of return for the proposals is as follows: Auburn Trace Joint Venture (256-unit) The Briscoe Company - Option A The Briscoe Company - Option B Procacci/Palm Beach County Housing 16.4% v 15.9% 14.1% 15.3% C. RISK FACTOR The Committee, after reviewing the proposals and terms and conditions of the payback, felt that with all three proposals, the level of risk to the City would be a (-) classification based upon the lack of a first and second mortgage and/or personal guarantee. Auburn Trace Joint Venture The Briscoe Company Procacci/Palm Beach County Housing (-) (-) (-) DMlI/sam Attachments cc: Walter O. Barry, City Manager Becky O'Connor, Treasurer ~ -- ~. .-. . - .- _. . .. , . , .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. "I " " " .. " >< .. .. " .... II & " " ~ r. !l " ~ " . " " . " . . " . .. " ~ .. L.J J-. " ~ :: ~ !i " C> I' a::..o 110...,.., " M " " . " " " ......., " C> .. ~ " '" :: 0= " .., .. .. .. .. .. " " " " .... " C> " U " '" = C " .. " " " " " " " " " " " " .. " " " .. ~ " z ': Q .. ..., " " .. ....'" !~ ~=> :> i; -' .... :> III '" :: ~ ... C> .. z ::l ~ ... C> .., on ~ . o , o o o o , o o I , o , , . , , , I o . I I I , '"' & on .... ~ & ~ C> C> co C> .; M .... co C> co co M .... i "'" .. >- "'" ~ .. .... Ii - ~ - '" ii li/ I -' ;;; ~ i! -~ ~... ;;8 =i c .. , ~ .... .... .; ~ '" ~ & co 8 on C> C> C> C> C> on C> C> C> C> '" '" '" .... - .: '" on C> '" .... - .... '" on .; C> C> .... '" .... .... 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"'!. .... .., .., ...; - ~ C> & C> C> .... 8 C> .; C> M C> 8 .; C> .... C> C> C> 8 - .. ~ ;;; .... ~ ~ IE I: - >- !: II ;:: Ii ... em ~E lie: as iilH .,; " .... " on " .., " .4 :: " co " " .., " " " " " " C> C> C> .... co co " '" " - " .... " " - " .... .. ~:: co " " " " " " C> 8 :t '" .. '" " .... " ... " " - " on . on " " .... " " " " .. " C> .. " " " " " " " " ::; :: " " " " " " 8 .... C> '" - I!! 6 ~ ... ~ a! ~ C> ~ . ~ , I. PROJECT COSTS TOTAL PROJECT COST NIlIIBER or UNITS II. SOURtES: A. fIRST "ORT6A6E INTEREST RATE A"ORiIZATION ~ TER" ANNUAL DEBT SERVICE B, UDA. MORTGAGE INTEREST RATE A~RTI!ATIOH ~ TER" ANNUAL DEBT SERVICE HANDl! HE CHARSE c, cm "ATCH IHTEREST RATE AftDRTIZATION ~ TE~ ANNUAL DEBT SERVICE D. PURCHASE IlllNH IIORT6A6E INTEREST RATE AIlllRTIZATION . TERN ANNUAL DEBT SERVICE E. OffSlTE IMPROVEIl€NTS IN,EREST RATE A"ORTIZATION . TER" RNN~Rl DEBT SERVICE f. DEVElOPER EQUITY Ill. DElRAV BERCH PARTICIPATIOH CITY MTeH Off SITE IIf>ROVEIlENTS lAllD PlJRCHASE . . ============================== JOINT VENTURE 256 UNIT OPTION 14,420,700 2S6 5,5B8,400 Il.ool 40 YEARS 622 .525 3,840,00C 11.001 NO PAV"ENTS YR 1-5; BALLOON 15TH YR; Z5 YR AftORTIZATION 218,Sl7 C1 768,OOC 01 15 YEARS 51,200 720,OOC 01 PRYNENTS VRS 1-5; BALLOON 16TH VARl ABLE 200,000 N/A 3,369,300 7ca,OOO 200,000 275,000 ------------------------------ 1,243,000 =============z=t===========~= ~ - ~ -. .-.. ~... ..,- . -~.- -GAS Group' R E eEl V E D--AmutiC-tUr~ SoUlli::: DEe 6 \988 Inc. Clll Wiilll,\f.EH OfflCE Ccry;:;- j:.,t,. A-a:, ,tJ~ ~~ ,') /{_ ,.I.d~ ~r _ ~ December 6, 1988 Mr. Walter O. Barry City Manager CITY OF DELRAY BEACH 100 N.W. 1st Avenue Delray Beach, Fl. 33444 Dear Walt: Relative to your letter of Dec. 2, 1988, which we received upon its completion at 4:00 p.m. on the 2nd, I am responding to request regarding traffic impact to the street network around the Auburn Trace Project. First, concerning our original proposal. After a preliminary review with our consulting engineering firm and considering our lower density, we determined that access to S.W. 8th Ave. was acceptable. For staff to make assumptions based on their brief review of the proposals is unfounded. All of the projects should have traffic impact studies performed, engineering data collected and only then could criteria be developed and analysis performed. Unfortunately this a case where opinion is substituting for engineering data. Please understand that whether residents exit the project east, to 8th Ave., and they turn right to access 10th St., or they exit to the west, to 14th Ave. 'and they turn left to access 10th St. makes virtually no difference for the residents. What mus t be unders tood is the impact of a · newH thru street on existing neighbor~ood streets, i.e. S.W. 12th St. to the North and S. W. 14th St. to the South and the fact that Carver Estates traffic must be addressed. Additionally, for everyone to assume that regardless of which end of the project a resident exits, you cannot make their choice of whether to go South to 10th St. or North to Atlantic Ave. Plus, what about 12th Ave. from 5th St. to Atlantic and 14th Ave. from 8th St. to 10th St. those streets would also have to be up graded to thru street standards, wh i ch no member of staff has addressed. Staff has also ignored the cemetery issue. The other proposals necessitate the disinterment of existing grave- sites and relocating them. Staff was adamantly opposed to this in the Procacci Proposal. Because of this concern we eliminated the existence of S.W. 6th St. thru to 10th.Ave. ~ - . M , ~,~/" ~_.A1_- ,} , - v(;~ "'~('7-- z: ~ a. -( Architecture Land Planning Graphic Desllln Models Golf Course Architecture 80 Depot Avenue Debar lleach, FL 33444 (407) 272-90B6 .,.---, ... .-- - ----~:~GAS December 6, 1988 Mr. Walter O. Barry Page 2 We have spoken with members of City Engineering Staff and with our consulting engineers and submit to you several alternative options for your review, in addition to our original proposal for reference. We still stand by the issue of S.W. 12th Ave. and maintaining it as a neighborhood street. We would like you to cons i der Carver M i dd 1 e Schoo 1 and the C. Stron g Center where an abundance of children are concentrated. Please consider that putting a thru street adjacent to these facilities may not be a good idea. However, we will make it abundantly clear that after traffic impact studies and support engineering analysis done consistent with normal standards are performed and providing they reveal the 12th Ave. to 14th Ave. corridor or any other combination thereto should be considered, we will respond accordingly. Therefore, we are making the commitment to the City offsite road improvements based on the proper documentation. for the support . Richard Brautigan, Architect resident G OUP ARCHITECTURE SOUTH, INC. P B:tw ~ -- . II , CrOtlp- -ArclUtectur.e- South.. Inc. Architecture lAnd Planning Graphic Desllln Models Golf Course Architecture 80 Depot Avenue Debay llach, F1. 33444 (407) 272-9086 ~. -. . - ...-.- AUBURR TRACE JOINT VERTURE 80 Depot Avenue D.lray Beach, Florida 33444 (407) 272-9086 ~<: ~~ JJ~ ,.k.~ V~/~ ~ /2/c. Dec.mber 3, 1988 Walter O. Barry, City Hanager City of D.lray B.ach 100 N.W. l.t Av.nue D.lray Beach, Florida 33444 D.ar Hr Barry. You will be rec.iving a .eparate reply from our archit.ctural firm, Group Architecture South, with re.p.ct to part A of your inquiry r.garding the Auburn Trac. .tr..t n.tworking. A. indicated in our propo.al., we agreed to be totally re.pon.ibl. for funding need.d for off.ite improvement. beyond the City'. $200,000 contribution. With re.p.ct to timing of con.truction, we would be in e po.ition to clo.. on our fir.t mortgage financing in Harch of 1989, a..uming that all detail. with re.p.ct to the UDAG loan could be worked out by then. With re.pect to our option A, a 256 affordable rental patio home development, total ..timat.d .quity requir.m.nt. com. to $3,369,300, almo.t all of which would ultimately b. provid.d by the .al. of tax cr.dit.. La.t w..k we ..nt information to 18 different .yndication firm., and w. .hould begin r.ceiving .yndication off.r. from tho.e firm. in 2 or 3 week.. At 1ea.t two of tho.e firm. have already vi.ited the .ite and analyz.d the fea.ibility of the project, and ther.fore can provide an off.r v.ry quickly. In light of the thou.and. of tax credit .yndication. that have already taken plac. during the pa.t two y.ar., and .yndication offer. r.c.ived by our con.ultant on .imilar proj.ct., w. do not fe.1 th.r. will b. any difficulty at all in ..lling the tax cr.dit. for our d.v.lopm.nt. Hany of the.. .yndicator. have already accumulat.d million. of dollar. in blind pool. and alr.ady have the fund. to inv..t, and th.y all are continually .elling tax credit. and could rai.e the approximately $3,300,000 for this proj.ct in Ie.. than two month.. Our financial con.ultant will be calling your Director of Finance, Hr. David H. Huddle.ton, to di.cu.. furth.r the tax cr.dit .yndication proc.... {' ~ - .. .-. ~.... ",-- ..- . - , Page 2 Walter O. 8arry. City Manager Dece..b.r 3. 1988 In the unlikely event that we sufficient tax credits. the follows. would be unsucc.ssful in s.lling shortfall would be provided as 1. S.v.ral of the Joint Venture partn.rs are partnerships having substantial passiv. inco.... and partnerships has expressed an intent to invest dollars for a portion of the tax credits which would by this dev.lop...nt, involved in one of those on. ..ill ion be g.n.rated 2. Th. Joint Venture partn.rs coll.ctiv.ly have in .xc.ss of on. million ~ollars in liquid funds availabl., 3. Th. Joint Venture partn.rs coll.ctiv.ly have very substantial financial strength from both net worth and earning power. and could easily borrow the r.quired .quity mon.y pending ultimate sal. of the tax cr.dits, and 4. Paym.nt of the one million dollar dev.loper profit due the Joint V.ntur. partners for th.ir s.rvic.s def.rr.d until sufficient tax cr.dits had b.en sold. plus fees would b. With resp.ct to our option 8. the 227 planned d.v.lopm.nt co..bining 117 sing1. family hom.s with patio hom.s. our .quity requirements would be follows. resid.ntial 110 r.ntal provid.d as 1. With r.sp.ct to the 110 r.ntal patio ho..es. almost all of the $1.849.000 equity contribution would b. provided through sale of low income housing tax cr.dits to inv.stors. as discussed abov., 2. With respect to the 117 single family homes. the nec.ssary up front dev.lopment mon.y would b. inv.st.d by th. Joint V.nture partn.rs. With 51 down pay...nt amounts b.ing paid by the singl. family ho... purchas.rs as the homes ar. pr.sold and built. which amounts are estimat.d to total approximat.ly $335.000. With resp.ct to option C. on. or more of the four optional developm.nts. there would be no ayndication of low income housing tax credits involved. The $360.000 equity requirement for the Historic Depot Square would come from sale of the historic tax credits for $150.000. plus $210.000 contribution fro. the partners. The $1.200.000 equity requirem.nt for the Croves of Delray would come from the contribution of the land. Tha equity requirem.nts with resp.ct to the Peach Umbrella Plaza renovation. and the second day care center for the Co....unity Child Care ~ _. . - , Page 3 Walter O. Barry, City Hanager December 3, 1988 Center bave not been sufficiently itemized at tbis time, but tbe Joint Venture feels it bas tbe ability to quickly determine equity requirements and provide tbat equity if tbe City and HUD elect to include tbose developments as part of tbe UDAG loan. One of our HUD consultants, Hr. Daniel Queen of tbe Oasis Institute, will be contacting you and Hayor Campbell thi. week to invite you and tbe Commissioners to join witb him in a pbone conference witb higb level HUD officials regarding the risk as.ociated witb amendments to tbe grant agreement. Tbank you for your consideration. Sincerely, JAY FELNER OF ROGER C. BOOS CHARLOTTE G. INC. RICK BRAUTIGAN GLENN HAGGERTY FRANK He ALONAN FELNER CONSTRUCTION, INC. OF ROGER C. BOOS CORPORATION OF FLORIDA DURANTE AND LORETTA JAHES McGHEE OF DURANTE REALTY, OF DELRAY BEACH RAILROAD DEPOT ASSOCIATES OF HAGGERTY ASSOCIATES, INC. OF WGM FINANCIAL SERVICES, INC. ~ '_. . - , ~ THE HOUSING PARTNERSHIP PAlM BEACH COUNTY George Steele, Managing Partner December 6, 1988 Mr. Walter Barry, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Barry: A major role and involvement of the Partnership, in our joint venture participation with the Procacci Development Corporation in the Auburn Trace project, will be our continuing responsibility for an effective management regime for the development. The acquisition and implementation of a comprehensive management capability is a top priority for the Partnership. From the beginning of our involvement in Auburn Trace, we have been in active discussions with a number of nationally- recognized management firms and organizations as to the best way to ensure experienced, professional management for Auburn Trace; and at the same time develop an in'house capability that can be utilized by other projects throughout the County. We have concluded that a cooperative venture with the National Center for Housing Management (NCHM) , based in Washington, D.C., affords the best possible opportunity to prOVide a "hands-on" experienced management team for Auburn Trace. The NCHM can assist the Partnership in the recruitment, training and supervision of local management professionals who can be used in new and existing developments, including local housing authority projects such as Carver Estates. The NCHM is a private, not-for-profit organization established in 1972 by Presidential Executive Order. Its creation was in response to the recognition of the critical importance of good management to the success of all housing developments, particularly public assisted housing. NCHM has become the leading force in the professionalization of the housing management field. 777 East Atlantic Averue . Suite 224 . Delrey Beech. RoridII 33483 · [407J 276-6231 ~ _. - ~ .-. ......,-.- . ~ , Mr. Walter Barry, City Manager Page Two We invite your close scrutiny of the attached "MISSION, CAPABILITIES and EXPERIENCE" of the NCHM. Please note their work with the Broward County Housing Authority using the NCHM's .Operational Improvement System for Public Housing." Our discussions with NCHM involve the use of their experienced professionals as the "turnkey managers" of Auburn Trace for several years while they train local management professionals. We have determined that the cost allocations for management in our pro-forma are sufficient to engage the services and assistance of NCHM. If additional information or clarification is required, please let us know. Sincerely, ~ = ....- _.. George Steele Managing Partner ~ - ~. _. ~... ~. ..' ~ December 6, 1988 Mr. Walter O. Barry city Manager city of Delray Beach 100 N.W. 1st Avenue De1ray Beach, Florida 33444 .e: Auburn Trace Housinq proposal Dear Mr. Barry, In response to your letter of December 2, 1988, the procacci Development corporation/Palm Beach County Housinq Partnership, Inc. joint venture does not wish to modify the substance of its proposal for the development of the Auburn Trace project at this time. We feel that our proposal for the construction of 336 rental unit. represents a reasonable balance between the community'. concern for density, the need to develop an economically viable project and the desire to provide and maintain a hiqh standard of quality and livability throuqh professional manaqement and the inclusion of an extensive amenity packaqe. We would, however, like to take this opportunity to elaborate on several elements of our proposal and, of course, to respond to those items raised in your letter as follows: PHASING We have previously indicated to the city that it is our plan to phase the construction of the project over a 30 month schedule as opposed to a 16 month schedule. We feel that this revised schedule offers several benefits to the city as well as the developer. First, it allows us, as the developer, to monitor the rental market and to make adjustments in the delivery schedule and the product as may be required. Second, by extendinq the rent-up schedule we are able to do a better job of controllinq cash flow durinq the construction period by matchinq the construction schedule to the absorption rate. Third, it assures the city that a larqe number of rental units do not become available at one time, thereby creatinq an oversupply and drawinq residents from outside the community. Finally, it assures the city that there will be a timely delivery of rental units to match the need created by community development activities over the cominq three years. MANAGEMENT OVer the last sever~l weeks,a qre~t deal of emphasis has been placed on the developer s exper1ence 1n the construction and Mr. PROCACCI OEVELOPMENT CORPORATION 401 ~~ L.in~on Boulevan:l. Oelray eellCh, Flol"'ida 33444 130!!!1 26!!!.0:500 . 130!!!) 427.3!!!!5!5 (6l"Oward) . , .600.233.2844 , ~ _. . ~ , Walter O. Barry, City Manager Page 2 management of rental housing. The procacci Development corporation/Palm Beach County Housing Partnership joint venture is pleased to announce that it has entered into negotiations with the National Center for Housing Management (NCHM) for the provision of management services at Auburn Trace. This unique and highly respected organization has agreed to provide a turn-key management program for Auburn Trace in which it will provide a nationally recognized program for training local residents in the operation and management of rental housing. We believe that this program not only assures that the Auburn Trace project will be managed in a most professional manner but also fulfills the goal of the UDAG program to provide local employment and job training opportunities for minority residents. In addition to the extensive management program that was previously provided to the city and the standing commitment to work with the city to make rental units available to residents of Delray Beach, the addition of the National Center for Housing Management to the Procacci/Housing Partnership team should assure that our proposal will guarantee top notch management. with regard to other aspects of construction and management experience, we believe that the cumulative experience of the individuals and organizations associated with the Procacci/Housing Partnership proposal are quite impressive and perhaps have been overlooked. The procacci Development Corporation and its associate, procacci Real Estate Management Co., Ltd., operate a portfolio of properties valued at over $25 million. This portfolio includes a variety of retail and office properties located throughout the state of Florida each of which has been constructed or substantially renovated by Procacci. All construction and property management services are provided "in-house" by procacci employees. Procacci Real Estate Management Co., Ltd. is one of the largest providers of leased office space to the state of Florida and favorable references may be obtained from Mrs. Mary Goodman with the General Services Division of the Florida Department of Administration in Tallahassee. In addition to the present portfolio, procacci currently has over $10 million in projects under construction, committed to or in the planning stage. The procacci companies have also developed and constructed over 150 single family homes in the Hidden Valley and Hidden Lake subdivisions in Boca Raton. The company is presently constructing a number of luxury homes in the Boca Raton/Delray Beach area. The Palm Beach County Housing Partnership is an organization that is represented by key executives of major banking, legal, Mr. . -, . ~ , Walter O. Barry, City Manager Page 3 government, development, construction and management companies and corporations in Palm Beach County. The Partnership is a\unique organization in the state of Florida and one of few in the United States. The combined resources and talents available to the Partnership in the fields of finance, construction, housing, and property management would rival any national corporation. STREET IMPROVEMENTS In reference to the information that you requested regarding proposed improvements to the street network, the September 8, 1988 proposal for 336 units and the site plan that was submitted at that time is fairly explicit in this regard. It is contemplated that two sections of roadway will need to be constructed as follows: 1. A two lane section running east to west along the north boundary of the City cemetery between S.W. 8th Avenue and S.W. lOth Avenue. This will allow traffic to enter the rear entrance to Carver Estates. Assuming that an alternative could be arrived at we would regard this section to be optional since it would serve no other development. 2. A two lane section running north to south connecting S.W. 12th Avenue with S.W. 14th Avenue. This would serve as the primary entrance to the Auburn Trace project and would include a three lane section north and south of the entrance location to accomodate turning movements into the project. The projected trip volumes to be generated by this project are as follows: " 336 apartment units @ 6.1 trips/unit/day = 2,050 trips 100 child day care center = 220 trips = 2,270 trips TOTAL Since the connecting segment of the 12-14th Avenue roadway does not exist it is not possible to project traffic load at this time from developments other than Auburn Trace. However, because of the existence of the 8th Avenue connection between West Atlantic Avenue and S. W. lOth Street a large volume of traffic is not expected. Of the trips generated by Auburn Trace it is anticipated that 60% of those trips would leave the site and travel northbound on S.W. 12th Avenue. The remainder would travel south to S.W. 10th Street. It is not anticipated that the projected volumes will warrant any additional roadway or signalization improvements. A thorough traffic impact analysis would be submitted at the time of site plan approval application. procacci has previously agreed to pay for those portions of ~ '-. -, -. - ". ..- ~ . - , Mr. Walter O. Barry, City Manager Page 4 the roadways through the project. This would leave the portion of the S.W. 12-14th Avenue connector south of the site to 14th Avenue to be paid for by the City from the $200,000 off-site improvement contribution. EQUITY The procacci Development Corporation/Palm Beach County Housing Partnership joint venture assumes an equity investment of $3,413,818. These funds will be made available by the developer from lines of credit and equity in other properties as previously committed to the City and to HUD in the UDAG application and approval. Procacci has examined the use of Low Income Housing Tax Credits for this project. However, several concerns exist with that program. First, the program is due to "sunset" in December of 1989. Because of the delays with the project it is doubtful that even a portion of the Auburn Trace project will be complete and eligible for the credits at that time. Second, because of difficulties with the marketability of the Tax Credits it is assumed that any revenues to be derived from the program will not be available until after the project is constructed and leased up. Therefore it will still be necessary to pledge the developers equity for the construction of Auburn Trace. The Tax Credit funds, if and when available, will serve to replace the developer's equity at some time after the project is placed into service. Under the terms of the UDAG agreements, those funds, if and when available, must be shared with the city under a formula stipulated in the grant. CONCLUSION We hope that this will answer the questions raised in your letter. Please feel free to contact me should you require any additional information. Sincerely, \ P,OCACs:g:g: CORPORATION ~mbaCk Director of Development cc: Mr. George Steele Ms. Lula Butler ~ _. .. _. . - .... .... . ~ , Real Estale Development Property Management l''?c(',n~l''r 6. 1988 ~~. ~fl]ter U. Barry .-: i. t~, r.j ~i.:'"! _1 ~; 1:-'1" r. i t. y .. i ::..; 1 r 'i y Be 3 c h .ti:t; r.:.\. ~'il.....t Avenue iL~lj .:,. ~C(ICj:, Florida 33444 ~E: ~.~jners~t rla=a Apartments R~Gti~s~ ter IJ!"0p0sal-UDAG ~"i"''''l. 7' r' R,lrry: 1 ;.... . '~.-:; r !' ., 1. ~1'0e C0iilpany is i:l j ;_~. ~.i.pi.:. I' .., :. 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'_ l"~ t' t" ;; :. l: ~~ ~ :- "t.l .' l;;!~ .\':" ...~ .~~ ~ ,. - L ~ I~: !.';.~" ~ ;\ ~: ,~(~ jJ;~ :-:- ~": ':."\1;' F ,: ~ .~ il':::;-:,;" ~ '1 ~ r ~~;. . t,',' '.1 j !', (: f 1 ":':; UE.-;',:H.t ;:.:'i!t, In ~'! ,:'~r ::n :;~'I':l: \.'J "';u,:;..t i,lJ;"'! :.':--t!~, r: ~';i~J! ..;ork::.. ~ ~). L {' ,1 f~ P ..; " I P ~ .-t iI 'Ii ,~ " ' ~. I. ... .... =-- r't".:. "': c.;~ ~~,., .:l~ :>-'- 2016 Evan, Avenue' Fon Wonh, Texas 76104. p.o. Box 2607,76113' (817) 926-5343 Suile 909. Phillips Point. East Tower' 777 Soulh Aagler Drive' We'l Palm Beach. Aonda 33401 . (3OS) 659-3664 ~ -.- . ~ Page #2 Mr. Walter O. Barry, City Manager (B) IMPLEMENTATION OF OFF-SITE: 1. The Briscoe Company has committed itself to having the project pay the necessary off-site improvements. At this time, we do not know what off-site improvements are necessary, nor do we know the costs. If the necessary off-site improvements exceed $200,00, The Briscoe Compan~ill reallocate costs within the project, or seek additional ~~,at~-financing.~ 2. Once we close on our bonds, constructf;~will begin. he anticipate beginning construction by the middle of March 1989. 3. As previously i~dicated, The Briscoe Company will pay for off-site improvements. We will work with our engineer, the City's engineer, and our construction manager to ascertain the extent of the necessary improvements. The Briscoe Company is committed to making SOMERSET PLAZA APARTMENTS a quality community that will enhance the SW area of Delray Beach. ' (~) E::)t:lTY: Our .1 ~ r! r1 ~ r, B 1 u un tan d P a !" I' ; ~ Ii, ( n c ., r E' ':: 08 il i z est h n I, ~ ~ u i t Y rai.sed ill ttle public market is almost lIon-existent, pal"ticularly sellillg low income housing t~x cr"edits. I'hey have c0~vinceil their bond fund to reducE the interest rate on tax exempt financing. This was acco~pli~hed because of' ~he ~eveloper's track record and Mr. Briscoe's personal guarantee during construction and lease up. If any additional information is needed, please contnct me or Allan Schnier. V uly yours, ~ ~ onard E. Briscoe U' LEB/mr Attachments Under this eliminated favorable financing plan, Blountn~ Parrish have the need for additional eqUitY'~"LJ ~ -.. ~ , ") , Ii i: :f '4.J ~ ~ h.. V), Q:: It.1 "- <: -- \ \ , ~. . " -.1il'),.. .' . ! ' ;.' '(" :,.~.' I 4 ' ~( . _\f~, . ~I ... : l . ~ .1 .'... t ... ~l I . ~. t... , ".,' t .:. . : . :].. . ' I.; 1 I ~ . 1'~1)"-'"~.-!''' . "'~";; .' -:'-. ,," .t.,\Jo(C:O'l: . I / -'~;=-j:';AtLjI,;,1f(1.', '11: :~! :-:.~~-r' '''J!<'' i"l: 'I :. ~., 3 ~JL . . . !l' .,. ~.... ~.., p, rto ~ ... . .. "'.. ~l ~.U'K-;--r..: . 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'" .f,'" IJ. ~~~~~ ;0' , -- '-...... ./'" --- r -- I ,= " .- W;~..f.J+ ..'" ; i: J ~ r~ 't~ -) ctI~"'" ..,. 0 r . _'Q.ft.. ~ ~. 10 ~ ~1". ,; .,., ~':::~E~~ I C::..:~ ~,.. /~:I o ....~(.... i't"~., , J /,...;'.,t ...... , ;" . H - c.. \.{'f.,~-,~' '- .'-~~~ ~~.~..::.H~.~....:..? ",'.~r:-.:.,:'~ ~::": t ~r.....[ 1= ,.. , 528- ,~ ~ ~, I =>r.:i I . l~ ~'~ ,9-, === Ci: , :r " :II ,.. :1'- >>J' . . ,. -- t - ;.. - l 1 ';'. ~'~--::_ . , 10 '~D!~ ~,. II> ~ . I _:f: "'" l ~ 12 - , , "!."!,' '-I:i ,.-' "" ( \' '" ~ ~ . ~~ .... . '.. . I I ,;; , .-A .....'_1 l_": t I~ T ,'": ;~ '7, ' '1;-1; , I'.n' j'. t1 j' ~..,'1 01 .i.n ,J. ': J ~. ---........ L-.J..:.J, - __1-':";' '_ ",_,,' ....L. t-L .., 5 w . ~ l I{)..... - ST~' .. ... 6 ~ -, ~?:;~: -- ~-I -- jt~./I(?f~l~:l ,': : ADD, . ..., J-?! .'1 .. . ~' -- --. -- - . I ~ -L ' I --. r 7" r ' . r. .. , : - ' n;~: 1'1, 1'01 L'~.t.r~~~~~;k-i PROCACCI REZONING & LAND USE PLAN ANENmlENT '; ;'",.~' · : I '.";' " f I . ----~ '. I" po;. ....,..,." ~-" ..... , ~:'-:-:; ~.~~l.t..-." r' . . tIl'\- .... I I .'. ...'.. H -,~.'" ~ - -, - J L ~-~_-:' '-:-;.'''''il ~---......' ~ - : ,--;:;?iti l --,.,...::.--'-t '''--~'r .J,....- ,,--- 'I ~ .'~;j...;:.-:' i~~f7ir;,....' L' ;".;t' t-;;-1~,.. l; 'r-;;-....-;;- "-I ,~ J-_ ; ,--;; "T ~:~, ~l::'~~~' tlJOOD' ' ,;1 q~ ~-~ , )" = 500' . ~ , I . , ... '. INIIU . ""1' 2".5 'II " ., ,I ;;,;,?~! i['::!" · !~ g'r I ;.. ; I~' I ,". i K ":: 'I I . ,.' , . ~ 1 11 '''r." I ~ ," r, ...., .. Ft', !U~ .. t I "'I"~--!- . ! Pill . ! .....y _&eM . ~ ~ _. . ~ , MEMORANDUM . TO: Mr. Robert A. Barcinski Assistant City Manager/Community Services Group FROM: Robert S. Pontek Director of Public Utilities DATE: December 9, 1988 SUBJECT: CONGRESS AVE. UTILITY CONFLICTS - SUPPLEMENTAL INFO Palm Beach County opened bids for the Congress Ave. road widening from South of Linton to South of Atlantic on September 13th. The award was made to Hardrives, Inc. and the pre-con was held in West Plam Beach on November 29th. Both our water and wastewater people attended this meeting. I submitted the request to the City Manager tb gain City Commission approval prior to the pre-con, however suggested there could be some changes at the pre-con. There were no modifications to the work plan as envisioned by the Contractor, so the approval by the commission is required at this time. The list of conflicts is contained on the documentation package I sent to the City Manager with the agenda request. This list details the various stations and the type of conflict along with a cost as bid for each resolve. The County Engineer's Office included several sections of pipe for possible use should our 6" or 8" watermains be field determined to require replacement in lieu of lowering. We have reviewed the approach used by the County Engineer's Office and find this works to the advantage of the city. Since work is scheduled to commence in the near future, it is appropriate to now place this before the City Commission as the pre-con is complete and we agree with the Contractor being responsible for the labor to resolve conflicts and being reimbursed by the city as per the schedule attached to the agreement and cover letter-tyom thej;Jcounty. '/ ;'~h 7~. ;;- lIc,--.;; /. L--. Ro ert S./Pon ek ~V6 \}J~ RSP:bp ... 30 PROJECT NA"E: CONGRESS AVENUE FRO" SOUTH OF LINTON BOULEVARD TO SOUTH OF ATLANTIC AVENUE PROJECT NO. 85169 BIO OPENING: SEPTE"BER 13, 1988 ITE" t ITE" CITY OF DELRAY UTILITY CONFLICT RESOLUTION 55 2' GALVANIZED SLEEVE 56" INLET CUR8 (P-6) (10 CONFLICT STRUCTURE 57.. INLET CURB (J-I) (10 CONFLICT STRUCTURE 58" INLET CURB (J-2) (10 CONFLICT STRUCTURE 59f' INLET CURB (J-5) (10 CONFLICT STRUCTURE 60" INLET CURB (J-6) (10 CONFLICT STRUCTURE 61" "ANHOLE (P-7T) (10 CONFLICT STRUCTURE 62" "ANHOLE (J-7T) (10 CONFLICT STRUCTURE 62" "ANHOLE (J-7T) (10 CONFLICT STRUCTURE 63.. MANHOLE (J-7NT) )10 CONFLICT STRUCTURE 67.. ADJUST "ANHOLES 68.. ADJUST WATER VALVES 69.. ADJUST FIRE HYDRANTS 72" LOWER EXISTING FORCE "AIN (20') 73.f ADJUST EXISTING WATER "AIN (8') 82 ADJUST ANO PROTECT 10' FORCE "AIN STA 269+30 - 276+00 I 171+40 - 189+00 QUANTITY IUN ITS 309 L.F. I EACH I EACH I EACH 5 EACH 4 EACH 3 EACH I EACH I EACH I EACH 3 EACH 5 EACH 3 EACH 300 L.F. 200 L.F. 2,000 L.F. CITY OF DELRAY UTILITIES 78 6' D.I.P. WATER "AIN 79 8' O.I.P. WATER "AIN 80 FIRE HYDRANTS 81 WATER "AIN SERVICE CONNECTION I 61n "ANHOLE (P-7T) (10 CONHICT STRUCTURE · 62f. "ANHOLE (J-7T) (10 CONFLICT STRUCTURE 118 L.F. 1,849 L'F' 5 EACH 5 EACH (3)EACH (I) EACH TOTAL AROUHT OF BID WORKING DAYS TO CO"PLETE: THREE (300) CALENDAR OAYS TABBED BY: ROSANNE". KRAUEL APPROVED BY: JOHN H. CARROLL . , APPARENT LOW BIDDER: HARDRIVES OF DELRAY, INCORPORATED STANDARD STRUCTURE UNIT PRICE UNIT PRICE DIFFERENCE IN COST A"OUNT m.oo ",635.00 12,440.00 11,840.00 1600.00 1600.00 U,120.00 13,520.00 1600.00 1600.00 U,120.00 13,520.00 1600.00 1600.00 13,725.00 13,125.00 1600.00 13,000.00 13,640.00 13,040.00 1600.00 12,400.00 12,045.00 NIA NIA 16,135.00 12,930.00 N/A NIA 12,930.00 12,930~00 12,330.00 1600.00 1600.00 13,250.00 12,650.00 1600.00 1600.00 mo.oo U50.00 1100.00 1500.00 11,200.00 13,600.00 m.oo 17,500.00 m.oo 13,000.00 110.00 120,000.00 --...-----..... 157,150.00 121.00 128.00 11,600.00 1500.00 12,045.00 12,930.00 I CONFLICT STRUCTURE NOT REQUIRED IF NEW 8' W.". CONSTRUCTED II CONTINGENT ITE"S r , ~ ! , . .....--.., I 12,478.0C 15I,772.0C 18,000.0< 12,500.0C (f6,135.0( (12,930.0C ..--............- m,685.0( .n.........: 1112,835.01 ~ I l ___ . _ ____ ......._ '..._ _ . , ~ I I l t c , Board of County CommiulOners Carol A, Roberts, Chair Carol J. Elmquist, Vice Chairman Karen T. Marcus Dorothy Wilken Jim Watt County Administrator Jan Winters Department of Engineering and Public Works H, F, Kahlert County Engineer September 21, 1988 City of Del ray Beach 200 N.W. 1st Avenue Delray Beach, Florida 33444 ATTENTION: Mr. Richard Bolt REFERENCE: CONGRESS AVENUE FROM SOUTH OF LINTON BOULEVARD TO SOUTH OF ATLANTIC AVENUE PROJECT NO: 85169 Gentlemen: Enclosed, please find an Agreement between Palm Beach County and the City of Delray for the funding of Utility Construction of a portion of Congress Avenue from South of Linton Boulevard to South of Atlantic Avenue. Upon completion of the execution by the City of Delray, the Board of County Commissioners will then execute said Agreement and forward a copy to your offi ceo Should you have any questions, please feel free to contact this writer. Sincerely, ~_ax if /V}~ A 2' ~ I AIVI c5~ Sam M. Sadarangani, Utility Coordinator Engineering Services Division SMS:jaj Enclosure/ .. An Equal Opportunity - Affirmative Action Employer" BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 r . . "........'->-., 1. ____ .._.____. .._ _ ..,__. I,. . I I I ~ ~ " " , AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF' DELRAY FOR THE FUNDING OF UTILILITY CONSTRUCTION IN CONGRESS AVENUE PALM BEACH COUNTY, FLORIDA THIS AGREEMENT, made and entered into this 21st day of September, 1988, by and between Palm Beach County, a political subdivision in the State of Florida, herein referred to as "COUNTY" and the CITY OF DEL RAY BEACH, a political subdivision in the State of Florida, herein referred to as "CITY", WIT N E SSE T H : WHEREAS, COUNTY and CITY desire to jointly participate in the construction of certain utilities within right-of-way of Congress Avenue from South of Linton Boulevard to South of Atlantic Avenue, and WHEREAS, Florida Statutes, Section 163.01, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the execution of agreement is in the best interest of both governmental units by promoting efficient utility construction along the Congress Avenue right-of-way referred to previously; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: 1. The County, as part of its road construction project, (Project Number 85169) shall have certain utilities constructed: as shown on plan sheets U-l thru U-6 Florida Utility Adjustments and 2. The City of Delray agrees to pay directly to the County all costs attributable to said utility construction as outlined and detailed on Pages P-3A and P-4A of the Standard Contract Specifications for this project and 3. Said surnnation of costs is stated as "Addendum No. I" on Page P-3A and P-4A of Standard Contract Specifications in the amount of $112,835.00; and 4. Said costs shall be adjusted upon completion of the project using as constructed quantities, said quantities being measured by the Survey Section of the Engineering Services Division of the Palm Beach County Engineering & Public Works Department. 5. The Congress Avenue agrees to fund those contributions set forth in Paragraphs 1 through 4 above within ten (10) days of receiving written notice from the County that funding is required. ",,' -,0 1..9~1~ ~ ~ oIt-n- U'l' CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME ~13~t2 r HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) S () 7 AI, tv, I "3.!:! ~ 7. Zle.. /"-( ,rf~ Jq c:~ PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP / 1'4/..... t!....Ct. LCU-""7 S 1"''f.~J;c,,~ ~,e"e,c.< _ .7.;;.;tr ~...", ,/ 02 ,/,3-,)~o,;J. BOME PHONE p hteRtll/ Javel'! ('/..1. R~- t...,m TNr.. '17/-0//97 BUSINESS PHONE J./ U 1000\ ~ ~/4//(lA.o'S ON WHAT BOARDS ARE YOU INTERESTED IN SERVING OJ"!. c 77~~ /"e A.,;~~Of.,::J LIST ALL CITY BOARDS ON WHICH YO..!!. ARE CURREJlTLY SERVED (Please ino1ude da tea) --O.!!!J..A.;T1,.". U ~ SERVING OR HA~PREVIOOSLY CeJ.....,......"",Y'J /",r,.-.d -/9-; EDUCATIONAL QUALIFICATIONS /J..s: - ;1-Ad "v",-q?tJ~~ A,()v~~,,1O CtJUR,$I(.s IIV 1--""'-' LIV ':'JPUT "^ If '" T __ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU BOLD. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION MI!()JI4 ~t(Lf4-rlu....s O,.:.,e,cL/2 -...sIN~/,e~.. CI'"e,u At...... dc..io+ ("'o~... -:-Y , . ~'r~A?- 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 / tJ -02/- ~y __L~_____ DATE ..31 6. The County is to be responsible for administering the funds in accordance with this Agreement. 7. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either COUNTY or City of Delray are subject to annual budgetary funding and should either Party involuntarily fail to fund anJ of their respective obligations pursuant to this Agreement, this Agreement may be terminated. IN WITNESS WHEREOF, THE Parties unto this Agreement have set their hands and seal on the day and date first written above. ATTEST: JOHN B. DUNKLE, CLERK BY: PALM BEACH COUNTY,FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY: Cha i nnan Deputy Clerk ATTEST: Clerk: (SEAL) CITY OF DELRAY FLORIDA, BY ITS CITY COUNCIL BY: Chainnan (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: BY: CITY ATTORNEY COUNTY ATTORNEY 'CITY OF DELRAY BEACH BOARD MEMBER APPLICATION " AA_ 'v c:.Jr1 R I NAnE Ho~~fREE{ Jtu,:r f!.g~ ztp (~{j!t1S~DE!c{fC if LAJJ]) "Jib P PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ~ 'PR/(,'ATc ffi tJSZ}' tJN SIlJ. J 9,r A liE" J)EI-k>ff/) .!l7J? . ;A,2Y;9 "-78' '~:lY'7 troME PHONE ' BUSINESS PHONE lJ flAIl. \:rEirMrJ AI AI- 33#,r ~T BOARDS ARE YOU INTERESTED IN SERVING ON: ~,~_ ~~r ' _ &-n...-...#.;L LIST ALL CITY BOARDS WHICH YOU ARE CURRENTLY OR HAVE'PREVIOUSLY SERVED ON. (Please include dates) Ufl-UTiFICAT/ON '~OJtJ? 7J FaR ~/VE PE;9~ Sf, . . GIVE YOUR PRESEN'l, OR MOST RECENT EMPLOYER, AND POSITION. MtJa,n/" Ar f!/lGE/I) MdcH;?~ 7J .~e ~1!J-M, (FIJi? M/G!rt4, f.'#/Ll)PEN. ' DESCRIBE EXPERIENCES, SKILLS, OR KNOWLEDGE walCH QUALIFY YOU TO SERVE ON THIS BOARD. 7{)"7lJ~J!O '1'-T/t' 6!R/H/F ,47 J)PLPtrY F.LENFA)TA7?fJ S'C~,l, cS'EVEd frAPJ. ' L;;~Z*~c::~~~;r:<:::~- PLEAS ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICATION MAY CAUSE FORTEITURE UPON Iff PART OF ANY APPOINTMENT I MAY RECEIVE. ~~I~~ , , I _.- ~ ~ - -'-- .,~.._.... ~ .,--.- . " . , . , -..- -~ .... -.... ,'l--' "t 7 -':~.' .... ;-.. ~~ . :~~. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME ~ EI?/'IfJ//fJ /!; If" /lA/ii R /) I/?.;"Tl! #~L L- BOME STRIIT ADDRBSS, CITY, ZIP (LIGAL RESIDENCE) 'J~7 Ill, ~j)J4A/r- /)ELI214y t5 GIl(!~ H-4 .53<;/t/,s- PRIICIPLE BUSI~SS~TREET ADD~~~~ITY~I~;a .::J,~!) I ,~~ t! ~<;~ / p'.,I . , 'LJqc;=- r9/J ID BOMI PHON! L5~a~ RA ';;'1.3- As-ttJ 0 BOSIIlsa PHOII LIST ALL CITY BOARDS ON WBICB SIRVBD (Plea.e inolude date.) . URRINTLY SI.'IIO .. -:..; . F . IDUCATIOIAL QUALIFICATIONS t;.. LIST ANY RILATED PROFESSIONAL CIRTIFICATIONS AND LICBNSIS,VHICH rou 10LD. . 1)/)1 I(E I!~LTi ~/-~T(t!JA./ GIVE YOUR PRESBNT, OR MOST RECBNT EMPLOYER, AND POSITIOI pnj JI1 75 611 t~j'; e /:} ( J AJ 7 r; tZ .1/' SULLS OR (NOWLBDGB WHICH L1'CJ/l~LJ DESCRIBB EXPERIENCES, THIS BOARD. iJ ' fF/lSt5 . QUALIFY YOU TO SBRVE ON fE/lCJ # rr'.4 e, hi Ei/!'J ~st./Afe ,.-. ..~ ~ .~. PLEASE ATU~I~ 1 ~R:ID' IISUMB. .~<.., I BEREBY CBRTIF! TBAT ALL THI ABOVE STATEMENTS ARE TRUE, liD I AORIB AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERUL FlCTS CONTAIIBD IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ARY APPOINTMBNT I MAY RECEIVE t) 1 / ~6- J.J 1 / 'D1T11 ,'.. . ~ - ~ - .. - ..- . " j , , PUlIOIIAL z Leonard a. Mitchell 727 Plac. Tavant De1ray ".ch, Pl. 33445 Bo.e Phone: (407) 495-2015 ~rk Pba.. (407) 24l-l500 BDUCATIC*: 1976: "ch.lor of Sci.nce Detr.. i. ~litioal leieace aad Public Adaini.tration, Int.rper....l aki1l. aad B -~ ae.ource "n.~nt, Plorida A . . Dai..r.ity,Yall.......Pl. ~ Dr_I-.c:zz UIl to pre.ent: pr._tly ...1"'" a.,- tM ..1a 1-.* ~.. I;~ ColUlty School Board Depar~.t of "Uoe. ...i.... to~. .~.'.:' Atlantic Bith School. .e.poD8ilaiUti.. Uel... .....1..1.. _ '. 8eCurity pl... for all ~aDl ~i.iti.. .. ..11 .. tM protection and .afety of .chool ,.reoan.l,"l~.rty ... .tud.nt. within the .chool di.triet. Al~ re8pon.ibl. for enforcinf all applic.bl. Plorida .tat. CrLaiaal Statute.,al.o with a phy.ic.l plaat i. ~r... of ,. .illion doll.r.. a Prof...ioBal .t.ff of 11. peopl..... a .tudent population of 1,700,... tM i..l....t.tioe of a ..ri.. of Druf .~J~.ti.. pro,r... to prepare .t....t. to cope with the peril. of drat ... i. our eoei.ty. 1982: EMployed by the T.11aha.... Polic. Depar~nt a. a .worn Police Officer. Received ar police C.rtific.tioe froe the Lively Law Enforee.ent l~I."}. . 1910-82 Eaployed by Contain.r Corporltion of ~ric. .. . CU.toaer lervice ..pr....t.tiv.. prLaary r.~fD..ibiliti.. _r. c..t_r _unieati_ i.~ colrtrol 8iala La- elllded warq-..,.... _n., ..t. 1977-'01 lerYed .. . Coaai..io'" Officer i. tM Dait" St.te. Aray. 1977-78: A..i.tant Chi.f of P.r~..l ..--, .t. Dai~ State. Aray Infantry School, Port. ...,V"J~i.. ae- .pon.ibilitie. included the a..ilfti.. of .11 lacoai., Officer per.onnel,manafinf the .chool.' tr...l ba.,lt. the development and iapleaentatioD of . vorkalale r.ce relation program and interper.onal .kill. protr... .. - .-.- ~ ~ ~. ~ ; , . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME. ,~~7~ ~ ~I\i s ~ p", 0 . -~-, \;~'S :e-'~ ,)~A-a-<.. ?--c:. HOME STREET ADDRESS, CITY, ZIP LEGAL RESIDENCE PRINCIP.d~~N~ S~~ADDiEss, CITY, ZIP ..ft.- 3. '! '-!b,- J.. 't-...,~ HOME PHONE BUSINESS PHONE WHAT BOARDS ARE YOU INTERESTED IN SERVING ON: ~ ~.'1J.~". t3.Q. LIST ALL CITY BOARDS WHICH YOU ARE CURRENTLY OR HAVZ"PREVI, OUSLY~,',~,~,',~:c, SERVED ON. (Please include dates) J . . ~ o GIVE YOUR PRESENT,OR MOST RE~NT EMPLOYER,AND POSITION. P...l"" P---~ "\--....-.I~ C.'I;9 -Ao\.--.J,. (\J')~/so.-... ,~ U It DESCRIBE EXPER~, SKILLS, OR KNOWLEDGE WHICH QUALIFY ON THIS BOARD. ~~ - "P" YOU TO SERVE ,~ ~~.~_o. ;'.r RELA.tD,~~,:~~~:-;;~;C,tw PLEASE ATTACH~,jR~ RESUME. LIST ANY WHICH YOU I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICATION MAY CAUSE FORFEI~URE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~ ,f....~ ') NATURE 7-;).1 -18 DATE y ..-~ f ' -- ~ -, . Ii I . , ResU1118 Name: Deri J. Ronis, Ph.D. Phone: (407)278-4096 Address: 135 S.B. 7th Ave. 2C Delray Beach, FL 33483 Professional SDecialization. Trainer in mediation, negotiation, conflict management, human resources, education, personal development, and interpersonal communications. Presentations and Interviews. Presentations and/or professional papers have been given during the past four years at the University of Iowa, the Colorado Institute of Creative Leadership, and Palm Beach Junior College as well as in Milwaukee, Jerusalem, Nassau, Mexico, Lyons Valley, Colorado, Lee's Summit, Missouri, and in numerous locations throughout Florida. In addition, there have been numerous media interviews with radio, television, and newepapers in Florida. Personal. Born: March 31, 1951. Education: The Union Graduate School, Cincinnati, Ohio. Ph.D., International Studies in Conflict Resolution, granted 10/9/87. Empire State COllege of the State University of New York. B.S. in Educational Studies, granted 10/83. Pmn]ovment History. 1984-date. Consultant, trainer, lecturer and counselor for a variety of educational institutions, churches, associations, trade groups, and individuals. 1983-84. Administrative and Public Relations Director, Mayflower Management Institute, Nassau, Bahamas. 1980-84. Lecturer and consultant, Bahamas Hotel Training COllege, Nassau. 1978-79. Manager of Special Projects and Trade Show Coordinator, Advertising Communications Times, Philadelphia, PA. IlElferences furnished upon request. , W'::-- ~ _. 'J'" " .. ..... "-. -. ~... .-- - ~ , C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~l:::TY MANAGER DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF DECEMBER 13, 1988 AGENDA ITEM INITIATION OF REZONING OF CITY HALL PROPERTY , ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of, formally initiating a rezoning of City owned propertY'r The property to be rezoned is the City Hall/Community Center/Tennis Center/Fire Station property and the adjacent City Utility Department Offices and Reservoir. BACKGROUND: The property is presently R-1A. It should be zoned CF. An accommodation is made for zoning the frontage along Atlantic Avenue as GC in order to alleviate the need for rezoning w~en the land is offered for sale. The property was zoned R-1A prior to creation of the C.F. Zone District. Now that such a district exists it is appropriate that the property be so zoned. At the time the Utility Billings temporary building was placed on the site (August, 1987), a minor site plan modification was processed. Approved by the .Planning and Zoning Board, a condition of approval was "that a rezone to CF be processed as a part of the (City Hall) expansion program". The City Hall expansion is now underway and the site plan will soon be before the Planning and Zoning Board. Thus, it is appropriate that a rezoning action be formally commenced and related hearing dates established. ~ _. . " 3~ , To: Walter 0. Barry, City Manager Re: City Commission Documention Initation of Rezoning of City Hall Property Meeting of December 13, 1988 Page 2 RECOMMENDED ACTION: By motion, Initiate a rezoning of City owned property generally known as the City Hall site and Reservoir site to the designations of CF and GC with the GC portion being along the frontage of Atlantic Avenue and further that the City Commission public hearing date (second reading) be set for January 24, 1989. RED/DJK*30/CCCHZONE.TXT , - 'r . ~ _. .,.. ... . . .. , BEAUTIFICATION TASK FORCE P.O. BOX 1709 DELRAY BEACH, FLORIDA 33447-1709 MEMORANDUM To: Delray Beach City Commission Walter Barry, City Manager From: Beautification Task Force Chairman, John Mc Kenna Date: November 15, 1988 Re: BEAUTIFICATION FUNDING REQUEST THROUGH UTILITY TAX SURPLUS The Beautification Task Force is requesting reinstatement of Pineapple Grove Way (between Atlantic Avenue and N.E. 4th Street) as a target project for the Comprehensive Beautification Plan, with funding through the $400 thousand surplus from the the utility tax fund. As background information, although the Task Force started out with $3 million from the capital improvements bond fund, $500 thousand was initially transferred to the Atlantic Avenue improvements fund to add to the $1 million that the CRA had funded. During the site analysis of target areas for the city wide street improvements, we found that two target areas, Swinton Avenue and N.E. 2nd Avenue could not be landscaped due to right-of- way restrictions, and were consequently removed from the list of target areas. In the mean time, estimates for improvements to Atlantic Avenue soared. In the fall of 1987, the BTF had an additional $150 thousand transferred to the Atlantic Avenue fund to help offset costs, thinking that we would have a surplus of funds with the deletion of two target areas. We now find that due to more flexibility in design guidelines that the N.E. 2nd Street project could be accomplished if funds were available. The City has come under much pressure to beautify this area as it is now considered to be the Pineapple Grove District's prime corridor. We ~ requestinR that $40 thousand be reinstated to the Street Beautification ~ Roadway Median Fund #333-4141-572-61.15 to beautify N.E. 2nd Avenue between Atlantic Avenue ~ ~ 4th Street. We are asking for your consideration of this items at the Commission meeting on December 13, 1988. b: pinapl. fun 33 E.Il"AIED CASH Fl~ AHAlYSIS 9EAUlIF 1CAIIDN IRUSI FUND ::::::=====:=:::======================::==============:::::::::::::::::::::::::: 1988 1~8~ 199" 19;1 lqqi 1~93 Bt9'nn.n9 Fund B.I.n,. 1380,799,('0 1484,307,9~ 1396,l18,~i 1287,619,1. 1180,91\.,27 191,963,38 RUfnUfS: Ullllly 1., 1,.n,lft' 1.1~,4b..OO 1..0,391.8. 1..6,BI~.3~ 1.~4,824.27 1524,513,73 15~5,984,55 Inl.,r,t Ar.m.. 131,.83,70 135,733.~5 118,820,13 112,227,77 Ib,408.B, 11,423,8Q -------------------------------------------------------------------------------- .827,~46,70 1~60,433,78 1881,854,45 t7~4,73I.I~ 1117,832.82 1655,311.73 Exp.nd. tu...: Drbt S.. v. ,r 1343,.38.71 1344,,14,81 n44,115,31 1345,320.92 1344,244,44 1344,101. 6. Sch.dulrd "..ntr..n,. 10,00 1150.00~,OO 1250.('0~,v,j 1262,500,(1(1 1275,'25. V" 1289,406.25 ~ddit1o".1 It... 170,000,0(1 o\t ''''''1 "').O....,..Cl ....... -+-t"t"ec.\ ~.' ~..voc\.''''''1 -------------------------------------------------------------------------------- '343,638.71 1564,214.8\ '594,17~.3\ Ib07,820,92 IbI9,869.44 1633,607,89 -------------------------------------------------------------------------------- E.ti..trd 8.l.n,r ================:::====:=::::========s==============================-=========== '484,~07,9~ 13~b,218,97 1.87,b79.14 '186,910,.7 1~7.963.38 f21,763,84 Auulpti on, UtilIty 1., G,Dwth ~.l. 61 Int.,r,t E.,nlng' R.t. Str.d, .t 71 lnll.tion R.t. 51 Annu.lly ll-'5.e~ P\'cc.\:.e "'e-\;e +L"",-\ ~\,..i... iiew- "-'<IS c:...."'s loA,., ., e c\ ptre"le...,.s.\.'f oS OV\ ....~e"'c\c.. "c'b....~~" I ~o"""e"e.'r Ii wtl~ "'e"eV' c:lC'h,,,\.\.y .sc\.-. eel", I....c.\ cl.'i> do", <\~e"'c.\c... i--\-e.W\, T\..--e "'Dtp..'... ~\~'^\.,~'^-\eJ l"'-C.\.....e1.-ed -t\..-.z ;}. M4'),Dr eV\-\I"'1 Sl~"'':. .t0V" "~o,,,,-,o~ sece",J..a"'( S\~V\,. +0(' 4\ol~~ civ,,1 t\V'-Pf\.~ &,~ w..y \clw::I.~~I"""'1 -+0""- ~~O,bOO ~ O'fto-l'( tltv.. \M.d~..r &'()""~ v..>er-e 0"," i:\"e C{),^^~~~.s.\C'V' c\1,......cl.... Qrfro"~...A . Coif'- ~ ~ !\to V' Co '1 Do ". \...:- FROM KERRY B. KOEN, FIRE CHIEF lilY DF DELRAY BEA[H ~~~ DEPARTMENTAL CORRESf-'uNDENCE WALTER O. BARRY, CITY MANAGER TO EMERGENCY MEDICAL SERVICE AGREEMENT - TOWN OF GULF STREAM 12-6-88 DATE SUBJECT Attached is our proposal to amend the June 14, 1983 agreement with the Town of Gulf Stream to provide emergency medical services. This amendment changes the method of determining the charge for such service, increases revenues to the City of Delray Beach after October 1, 1989, provides for an annual adjustment in the service fee based on our projected budget for this service, and creates a mechanism to permit the City of Delray Beach to charge additional fees for extraordinary forms of emergency medical service. The proposed per capita service fee was derived by staff of both the Finance Department and Fire Department based on the current estimated populations of both jurisdictions and current budgetary allocations for this service. A copy of a memorandum from the Finance Department describing the calculations used for this purpose is also attached. As you will recall, this item was discussed by the City Commission during this year's budget workshop and interest was expressed in reviewing this fee to determine if adjustments were necessary. In my judgement, the attached proposal establishes a more equitable fee structure for these services provided outside the city limits both now and in the future and better serves the interests of the taxpayers of the City of Delray Beach. 1~~.\~ Kerry B. Koen Fire Chief Attachments: 3 cc: Mr. Huddleston Mr. Barcinski Mrs. Kincaide CM362 THE EFFORT ALWAYS MATTERS 3Lf- MEMORANDUM TO: Kerry Koen, Fire Chief FROM: ~ Barbara Schooler, Financial/Management Analyst THRU: ~David M. Huddleston, Director of Finance SUBJECT: Gulfstream Cost Analysis DATE: December 6, 1988 The following is an analysis of the Gulfstream runs determined by both Captain Trawick and myself: Salaries Fringes Administrative Operating Cost Reserve for Renewal and Replacement $1,322,144 396,643 58,500 297,448 179,000 TOTAL DIRECT COSTS $2,253,735 Indirect Costs 393,319 TOTAL DIRECT AND INDIRECT COSTS $2,647,054 We then determined the population of 50,572 - $52.34). a per capita figure of $52.34 by dividing $2,647,054 by Delray Beach and Gulfstream (50,572). ($2,647,054 + Based upon the mean population of Gulfstream, their share would be $29,978. (572 x $52.34 - $29,978). BS/sam cc: Walter O. Barry, City Manager . ",-, [ -- --.-. ~.. ..'..... ...-_. l,. . I f , , AMENDMENT NO. 2 EMERGENCY MEDICAL SERVICES AGREEMENT BETWEEN CITY OF DELRAY BEACH, FLORIDA AND TOWN OF GULF STREAM, FLORIDA DATED JUNE 14, 1983 WHEREAS, the City of Delray Beach, Florida and the Town of Gulf Stream, Florida did enter into an agreement on June 14, 1983 wherein the City of Delray Beach agreed to provide under certain conditions to the Town of Gulf Stream certain emergency medical equipment and personnel services; and, WHEREAS, costs of providing risen; and, since the date of the original agreement, the such services to the Town of Gulf Stream have WHEREAS, the two parties to this agreement do hereby wish to amend the June 14, 1983 agreement in order to modify the provisions of paragraph 6 of said agreement by changing the method by which the Town of Gulf Stream compensates the City of Delray Beach for emergency medical services provided to the Town of Gulf Stream, by deleting the per occasion fees previously identified by paragraph 6 of said agreement and substituting a per capita service fee; and, WHEREAS, this per capita service fee is based on the current budget of the City of Delray Beach for the provision of emergency medical services, administrative and other costs as well as certain capital outlay elements, the current estimated population of the City of Delray Beach and the estimated mean population of the Town of Gulf Stream; and, WHEREAS, the annual per capita service fee entitles the Town of Gulf Stream unlimited, non-extraordinary, access to the Emergency Medical Service System of the City of Delray Beach, exclusive of Mutual Aid agreements with other governmental agencies; and, WHEREAS, this per capita service fee is not intended to pay the cost of extraordinary events and unusual demands for emergency medical services requiring personnel and equipment being stationed within the corporate limits of the Town of Gulf Stream. Such extraordinary costs will be billed by the City of Delray Beach to the Town of Gulf Stream based on actual costs to provide these extraordinary services. NOW, THEREFORE, the parties for the mutual herein, as follows: it is hereby agreed to by and between covenants and consideration set forth 1. That paragraph Services Agreement dated June 14, is hereby amended to the extent 6 of the Emergency Medical 1983 between the parties hereto that the "per occasion" charges 1 I ~ '-, ,- p-.- - ~..- ~- - '. . I i I I ~ t . , in the amount of Two Hundred Seventy Dollars ($270.00) per occasion shall be deleted and replaced with an annual per capita service fee in the amount of Twenty Nine Thousand, Seven Hundred and Eighty Four Dollars ($29,784.00). per capita the City of 2. That the Town of Gulf Stream will pay the annual service fee on or before October 1st of each year to Delray Beach beginning October 1, 1989. 3. The City of Delray Beach and the Town of Gulf Stream agree that the per capita service fee will be adjusted annually to reflect changes in the cost to provide emergency medical services. The projected annual service fee amount will be reported by the City Manager of the City of Delray Beach to the Town Manager of the Town of Gulf Stream on or before August 1st of each year to establish the service fee for the upcoming fiscal year. 4. That requirements of the June shall be unchanged by force and effect. all other terms, conditions and 14, 1983 Agreement between the parties this Amendment and shall remain in full these this IN WITNESS WHEREOF, the parties hereto have caused presents to be signed by their duly authorized officers day of , 198 ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Mayor City Clerk Approved as to Form: City Attorney City of Delray Beach ATTEST: TOWN OF GULF STREAM, FLORIDA By: Mayor Town Clerk Approved as to Form: Town Attorney Town of Gulf Stream 2 ~ -, .~~.._. .. - .,- . '- . ~ l , [Iry DF DELRAY BEACH CITY ATTORNEY'S OFFICE""sl 1,'1"111 ',I I, I .~ :,i I i, \1 I;) \C1I.ILOKID__\ 33483 305/243,7(91) MEMORANDUM nate: December 2, 1988 To: City Co~nission From: Susan A. Ruby, Assistant City Attorney Suhject: Old School Square Lease The leaseback agreement with the School Board has been modified to provide that Old School Square, Inc. may have the use of the auditorium when school is not in session and shall occupy the whole second floor of building number one. The lease shall expire June 30, 1989. By copy of this memorandum to Walter Barry, City Manager, our office requests that the leaseback be placed on the December 13, 1988, City Commission agenda for approval. Please do not hesitate to contract our office if you have any questions or concerns regarding this matter. <:::.A1? s~Y{r- cc Walter O. Ba~~y, City Manager Robert A. Barcinski, Assistant City Manager Francis Borque 3~ [Iry DF DElRAY BEA[H CITY ATTORNEY'S OFFICE )11151 ,,' '"" 1 ""'" IJIII, \', III \( II. I LOKlf).\ 33483 305/~43.7090 DecembeI' 2, 1988 Mr. William Hukill Assistant Superintendant of Schools P.O. 24690 West Palm Beach, FL 33416-4690 Subject: Lcaseback Agreement/Old School Square Dear Mr. Hukill: Enclosed please find a copy of the leaseback agreement between the City of Delray Beach, Florida and the Palm Beach County School Board for your review. T have been informed that Julie Ricco, of Boose Casey Ciklin, et al, will be handling the closing for the School Board. Ms. Ricco and I have a meeting scheduled for December 7, 1988 at 3:00 p.m. to review the documents and prepare for the eventual closing on the property. Hopefully, a Closing can be arranged for the latter part of the week of December 12, 1988. Our office intends to place the leaseback agreement on the City Commission agenda of December 13, 1988 for their approval. If you have any questions or concerns regarding the leaseback terms, please do not hesitate t.o contact me so that these concerns may be addressed by the City Commission at their December 13, 1988 meeting. By: OFFICE OF THE CITY ATTORNEY CITY LRAY BEACH, FLORIDA ~A-: Susan A. Ruby, Esq. Assistant City Attorney SAR:ci CC Walter O. Barry, City Manager Robert A. Barcinski, Assistant City Manager Frances Borque Marylou Strollo ~ _. . l! , LEASE AGREEMENT ~HIS LEASE, dated this day of 1988, by and bctween the City of Delray Beach, Florida, a Florida municipal corporation (hereinafter referred to as "Lessor") and The School Board of Palm Beach County, Florida, a corporate body politic pursuant to the Constitution of the State of Florida, (hereinafter referred to as "Lessee"): WIT N E SSE T H 1. DEMISED PREMISES: Lessor, in consideration of thc rents 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 referred to "Demised Premises"): A portion of the Delray Beach Elementary School located 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" condition 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 five hundred twenty-five dollars ($525.00) per month for electric, water, sanitary sewer, waste disposal, and natural gas service consumed on or rendered to the Demised Premises. 4. MAINTAIN AND REPAIR: Lessee shall, at its own cost and expense, maintain, clean, and repair the Demised Premises, including replacement of damaged portions or items caused by Lessee or Lessee' s Agents, employees, invitees, or visitors. In addition, 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 "common 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 immunity, 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 a portion 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 damaged by fire or other unavoidable casualty so as to be unfit fOI' occupancy and use and the premises are not restored or rebuilt by the Lessor within 30 days thereof, this lease shall terminate; but if said premises can be restored or rebuilt within 30 days, the Lessor, at its sole option and expense may chose to restore or rebuild the premises, and a just and proportionate part of the rent provided for herein shall be paid by the Lessee until the premises shall have been so restored. In no event is Lessor under the Obligation what- soever to make said restoration or rebuilding of the demised premises. 7. NOTICES: 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, FL 33444 8 . A'l"l'ORNEY · S FEES: Should any litigation be commenced between the parties to this lease concerning the property, this lease, or the rights and duties in relation thereto, the prevailing party in such litigation shall be entitled, in addition to other relief as may be granted, to a reasonable attorney's fee and costs concurred in said litigation. ~ 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 LAW: All matters pertaining to this lease shall be governed by the laws of the State of Florida, with venue to be in Palm Beach County, Florida. 11. INTEGRATION CLAUSE: This 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 those herein set forth. Except as herein provided, no subsequent alterations, amendments, changes or additions to this lease shall be binding upon Lessor or Lessee, unless and until reduced to writing and signed by both parties. 4 IN WITNESS WHEREOF, 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 the purposes therein expressed. WITNESS my hand and official seal, this day of , 1988. Notary Public My Commission Expires: CITY OF DELRAY BF~CH, FLORIDA By: Mayor Approved as to Form: Attest: City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME personally appeared and , Mayor 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: 5 DESCRIPTION OF DEMISED PREMISES All of Building No. 1 (Administration, Library, Classrooms, Playgrounds and Parking Area adjacent to Building No. 1.) except the fOllowing: Second Floor - and the Auditorium located on the 1st floor. Page 1 of Composite Exhibit "An ~ -.. . " , .,. 11/12l1/1988 14:51 **** PANAFAX UF-400 *,''''* 106610,910 1 5 P, 08 1iCIIOOL hOAR>> ( ........__w._ ..~LM'lft.(c" COlI, -...---......, . !...--............~~..."......w...., nr.tll'(~ Ilf:ACi/ttt:^":N , ""'j ~"'..~ n\" ".,\lUI! ~ '~ ----..,.. , ~-~. .-....---.. "~I e s . " ~ ; Z '! g N <: l: ~ 2 -J a.. It ' I ::! ~ ~ i I - 0 ~ 0 ~ " -J 1. u... 'I .! ?- st (f) C:: .. - ~ u... E ~ Page 2 of Composite Exhibit "A" ~ . ~ , . ...~ 11/01/1988 14:51 ***:t: PAI-4AFAX UF-4ee **** tiel/OOl. /I()A'W (lI' I'AI.~I ,l/:ACI/ C()l.IN'I1' ....-........-..-. ",6",88015 P,09 t I, IlEr.n...I' nr."'Cl/ r.,.r.^,r.,..,.~p'~' , ,~, -.... -..---.--..- -" ...--------.... .. . ~ ;{ ;; / .. " ! ~ ! \\ << 1/ Il" . r " aJ - -....-.---.- ~--- I'I/IIIIII! ~ ~, i "'--- . Page 3 of Composite Exhibit "A" . , '.'1 " ..-..-.---.. .--.... '! or; (,I I" I.j, t:! ( '~ .' , " " ; , I, U. I';: ..... r . i r' . 1.:/ f .'- :", 1:., 0, f r'..' ~ :i "". r.. .~ L , :, ~ .,,'. t' ,; . l,' .. ~ i, , t' " f', ."" h' ..,', l"~ , r' z < -1 Cl. a 0:: ~ 0 ~ ~ 0 -J u.. ~ JI , } a Jl '" Z e 0 U co w (/) , , . ' ~ . , .... . , ...., r . ~ - - . MEMORANDUM TO: WALTER O. BARRY - CITY MANAGER IMPROVEMENT ~ FROM: LULA BUTLER - DIRECTOR, COMMUNITY SUBJECT: LANDSCAPING AND IRRIGATION PLAN DIXIE BOULEVARD CUL-DE-SAC ---- DATE: DECEMBER 7, 1988 Per your direction, staff has proceeded with developing beautification and landscaping plans for the Swinton Avenue/Dixie Blvd Cul-de-Sac. The Finance Director has identified that the surplus funds from the utility tax revenues is an appropriate source of funding and could be applied to this project. We are requesting permission to add the landscaping and irrigation as an additional scope of services to our existing beautification contract. We are requesting approval of the use of these funds from the utility surplus funds authorizing permission for a budget transfer of $11,000 from the Beautification Trust Fund to the Beautification Trust Fund Other account to cover costs of the same. Staff will bid this item separately. Our in-house cost is estimated at $10,000. This $10,000 will cover irrigation, design, materials and installation and plant materials and installation. LB:DQ Attachments Lula2 A:CCAgenda.Dec Jh DEPART: 1ENTAL CORRESPONDENCE , [ITPa' Df ~~~{-> DELROY IIEH[it;t ~~ -0 ,~a~gY~b~yi~~~CitY~Horticulturist .~erald B. Church, P.E.,City Engineer ROM(- - OAlE 11/1/88 USJECT The contractor has commenced work to terminate Dixie Blvd. at Swinton Ave. It would be advantageous if the landscaping could be incorporated at the same time. As you indicated there were no funds available but possibly the project costs could be charged to the streets Beautifi- cation Program. The work is consistent with the overall beautification of the City medians and roads. Is there any way that you could proceed with this landscaping in conjunction with the construction project. cc: Joe Weldon' FFank,..spence' Giltes 'Castle To: Gerald Church 11/7/88 From: Nancy Davila The Finance Director recently identified surplus funds from the utility tax revenues as a source of funding for upgrading the palms on Atlantic Avenue in the amount of $36.000.00. The money was not used to upgrade the palms. and therefore. should still exist as a potential funding source for the Swinton/Dixie cul-du-sac. 1 agree that it is appropriate to utilize the funds from this source as it does represent a capital expenditure for beautification. to have the landscaping as an additional scope of services to the r would it be put out to bid separatedly1 1 would prefer the former. ..... cc~rank~pence. Lula Butler Gates Castle Dave Huddleston I " 1 w~ / / ! /- . I r . ! u Q a: ,~ , ; . i III - - -_..~ ac 0 I ~ . i c .. e or, , ,j /\.. /'~ /_ \~/)r i. ,,"); , /::'}~'\. '" """1 ....._~ \ .. , ., . \ 'I . \ ~ - ", "'-~ 'A1VM301S -_.._~-,- .' ~-.; j i' , ;, , , .~ .. ,~ .{ t " "'t-' , ...., '..... " " , " ~~',,"'~. '>'~' '. " , '~O", ,.,-- ~ ; ~ " , , ';', "....., ~ . -__L ..,__ ::J/lV NlliNIMS !~ :~ <Ii :1i5 /- ,~ t[) ,lJ.J Z ~ 1 I .- _____h.___.. I ~ =, ' = n ~ II"; - . .. . :!~~ ~ 2 ; ~., " , f 1 _ II l~ Ii f!f .: it,' I ~. ! , Ii ~ i ~ LI , --, q! -, . ':ji: ~ I HI " :: ~. ,:'~" ::~.i:;;~.~. ;.-,.: 'l>~~"i .~,~~;:', : 1 !~ :::~ .; , , !;;~~{~ " --~/ . " _. ~._'. .L_~.__ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~j~:: MAN'GER DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF DECEMBER 13, 1988 AGENDA ITEM CONSIDERATION OF A CONDITIONAL USE REQUEST AND ATTENDANT SITE PLAN FOR SMALL WORLD DAY/CHILD CARE CENTER ACTION REQUESTED OF THE COMMISSION: The action requested of the commission is that of approval of a conditional use request and attendant site plan for a day/child care facility. The project involves conversion of an structure which is located at the southeast S.E. 3rd Avenue and S.E. 4th Street. The R-1A. existing corner of zoning is BACKGROUND: Attached is the Planning and Zoning Board's staff report which provides a complete analysis of this request. Because of previous City commission comment on the number and siting of day care facilities, the staff report contains an inventory of current and proposed facilities along with a current accounting of occupancy (use). Note that the waiting list for such facilities is drastically do~n from what it was a year and one-half ago when the Commission was considering an impact fee and similar measures which would assist in providing such faci li ties. There is capacity of approximately 1,080 day care slots in the City with current usage at approximately 1,060. A waiting list of between 270 and 400 exists. This list probably includes numerous duplications. A few facilities are operating below capacity. . _. ." ~ - ..... . ~ 31 , To: Walter O. Barry, City Manager Re: City Commission Documention Meeting of December 13, 1988 Page 2 Planning and Zoning Board Recommendation: At its meeting of November 21, 1988, one letter in opposition and a relayed message of opposition were presented. A neighboring property owner did not speak in opposition but did raise questions regarding traffic flow and occupancy matters. Her questions were answered at the hearing. Following the pUblic hearing, the Board made findings of compliance with the conditional use and site plan evaluation criteria and recommended approval subject to correction of eight technical items. Community Appearance Board Action and Recommendation: The C.A.B. has approved the landscaping and architectural features of the project. They have also recommended that a waiver be granted to Code Section 159.02 which requires curbing around landscaping adjacent to parking areas. In-lieu of curbing, the Board seeks railroad ties or similar material for the entry to the parking lot and around some of the landscaping area. The recommendation is made in order to have the project be more harmonious with the residential character of the area. RECOMMENDED ACTION: By motion, approve the Conditional Use and attendant Site Plan for the proposed Small World Day Care Center based upon the findings of the Planning and Zoning Board, but subject to the condi tions as recommended by that Board; and further, tha t a waiver is granted to 159.02 pursuant to the recommendation and conditions of the Community Appearance Board. Attachment: P&Z Staff Report of November, Agenda Item III.A REF/DJK*30/CCSMALL.TXT ~ _. . l! ~LHNNING ~ ZONING BOARD CITY OF DEL RAY BEACH --- STPFF REPORT --- , fwEETING ~TE: NOViMBER 21, 1988 AGeo=t ITEM: III. A CONSIDERATION OF CONDITIONAL USE AND SITE PLAN APPROVALFOR SMALL WORLD DAY/CHILD ITEM: CARE CENTER LOCATED ON THE SOUTHEAST CORNER OF S.E. 4th ST. AND S.E. 3rd AVE. DATA: : . ~\le.- .;.. C>~.\U... . f>\-.....t.-..td. ('~ t- -'J' ~'" w..... OWDer...........................Roberta KiDDel .nd C.rrie Lee Johnson . ~.:.c...i..2.. ... k\~ c"..........-- ro...\......~...... ~4f<- 'It "CO~ Agent...........................Robert. Kinnel .nd C.rrie Lee Johnson Loc.tion........................Southe.st corner of S.E. 3rd Avenue .nd S.B. 4th Street Property Size...................12,209.ll Sq. ft. ( .280 Acres) C~ity Redevelopment Pl.n....Single Family Residenti.l City Zoning.....................R_1A (Single-Family Dwelling District) Adj.cent Zoning.................The Subject property is surrounded ~ R-1A zoning. Existing L.nd Use...............Single family dwelling unit Proposed L.nd U.e...~...........Child D.y C.re Center W.ter Service...................Existing on-site Sewer Service...................Existing on-site ITEM: m. A l '., . '" , ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a conditional use request and attendant site plan for a single family home conversion to a child care center. The project is to be known as Small World Child Care Center and is to be located at the southeast corner of SE 4th Street and SE 3rd Avenue. BACKGROUND: The property is located within a Zoning district and is the location of an home constructed in 1948. The zoning to and west is R-1A (Single Family). There land use history on this parcel. R-1A Single Family existing single family the north, south, east appears go be no other PROJECT ANALYSIS: t The proposal is to convert the existing 1,141 square foot sinq~ family home into a child care center for 28 children between the ages of 6 months and 5 years of age. The home is located on two lots with a total area of 12,209 square feet. The conversion will include the construction of a 224 square foot addition for a total building square footage of 1,365 square feet. A fenced play area of 3,858 square feet will be provided with play equipment to be selected in conjunction with the Palm Beach County Health Department. DAY CARE CRITERIA: In addition Development requirements to the requirements Criteria), Day Care of Section 173.063. of Section 173.867 Facilities must meet (Site the Se~ion 173.063(A) requires a minimum lot area of 7,500 sq~t. This lot meets this requirement as it contains 12,1l09 sq. ft. Section 173.063(B) requires a minimum floor area of 35 sq.ft. per child exclusive of space devoted to bathrooms, halls, kitchens, offices and storage. This structure contains approximately 1,365 internal square footage, and after subtraction of the bathroom, storage, hallways, office and kitchen areas, the usable floor area is 1,020 sq. ft. This would allow a maximum of 29 children, a maximum of 28 has been indicated on the site plan. . _. ". . . .. To: Plannir and Zoning Board Re: Conditional Use Request for Samll World Day Care Center Page 2 Section 173.063(C) requires a m~n~mum of (75) square feet of outdoor play area per child. The applicant has provided 3,858 square feet of outside open space allQwing a maximum of 51 children. The maximum total will be limited to 29 pursuant to Sec. 173.063(B). Section 173.063(D) requires a 6 foot fence around the play area. This has been provided through the proposed utilization of the existing wooden fence. The CAB, at their meeting of November 30, 1988, will make a determination as to whether or not utilization of the existing fence is appropriate as it is in a state of disrepair. The applicant may be required to replace the fence with chain link and appropriate screening. Section 173.063(E) requires a convenient pick up and drop off area to be provided. With the original submittal, the Engineering Department had objections to ingress location of the drop off driveway as it was within 12 feet of the intersection of SW 3rd Avenue and SE 4th Street. Per Engineering standards a 25 foot minimum is required. This standard has ~ accommodated with the resubmittal before you. Engineering Department recommends the driveway width. increased to 18 feet to allow traffic to bypass statio~ry vehicles. Section 173.063(F) requires compliance with State and County regulations. These must be met to obtain the required Day Care License. SITE PLAN ANALYSIS: The site plan has been reviewed using criteria outlined in Section 173.876, "Standards for Evaluating Site and Development Plan Applications". Following is the result of that review. Standard *1 (sufficiency of materials). This standardfhas been met with an acceptable submittal. Standard *2 (~mpact of the proposed use). The City Commission, with the processing of the last single family home conversion (First Years Quality Child Care) on May 24, 1988, expressed concerns that the city needs a coordinated plan indicating areas most appropriate for child care centers. Further, as the use is considered a business, it should not be encouraged to proliferate primarily in all residential areas. The impact of the proposed use is primarily one of traffic impact; therefore, the direct impact will be a measure of the potential outside neighborhood trips the development would r . . . ~ , To: Planni: and Zoning Board Re: Conditional Use Request for Samll World Day Care Center Page 3 generate. In polling eXisting City day care centers, an attempt was made to determine the origin of the customers, whether from the immediate neighborhood, City or out-of-town. From the 879 day care slotf responding (75% of ~xisting slots) the fOllowing percentages were extrapolated: Immediate Neighborhood 62% Within the City (Cross-town) 27% OUt-of-Town 11% Per similar development within the City, 38% of the trips generated may originate outside of the immediate neighborhood. As per ITE (Institute of Transportation Engineers Trip Generation Manual), the development will generate 140 total vehicular trips per day. Thirty-eight (38%) percent would equal 53 additional daily non-neighborhood generated trips. This impact is negligible. Standard *3 (ingress and egress). Ingress and egress is proposed from SE space parking lot. A drop-off area is ~~~ with one additional parking space. Standard *4 (off street parking and loading). -I'D 3rd Avenue'" a four proposed along SE (4) 4T The parking space adjacent the drop off area should be signed "Employees Only" to minimize potential vehicular conflict. Standard *5 (screens and buffers). The development has provided more than the required landscaping. The outside play area is screened by the existing 6 foot high wooden fence. As the fence is currently in disrepair, the CAB at their meeting of November 30, 1988, will d&~~ whether or not the fence is to be retained, repaired, removed or replaced. Standard *6 (drainage). On-site drainage is proposed through on-site swales and water retention arefs. No problems exist. Standard *7 ('anitary sewers). Sewer service is currently provided to the site from ~~~\~, sanitary sewer along the south side of SE 4th Avenue. Standard *8 (utilities). Water service is currently provided to the site from the 6 inch water main along the south side of SE 4th Avenue. Meters must be transferred from residential use to commercial use. A fire . . . --- ...... .. .. , To: Plannir- and Zoning Board Re: Condit~ aal Use Request for Samll ...)rld Day Care Center Page 4 hydrant exists across the street at the northeast corner of SE 3rd Avenue and SE 4th Street. Standard 9 (Rfcreation and Open Space). This development is providing an excess of the 2,100 square feet required pursuant to Section 173.063(C). Standard *10 (site development) deals with overall impact of the site development. The proposed 28 children and 2 employees, per the Institute of Transportation Engineers Trip Generation Manual (ITE), will generate 140 total vehicle trips per day and represents minimum additional trips on the existing traffic levels. The four residences to the east and to the south will be impacted by the noise form the proposed play area. Residences to the north and to the west will be buffered by SE 3rd Avenue and SE 4th Street. CONDITIONAL USE ANALYSIS: The project was also reviewed under criteria in Section 173.84.~ "Standards for Evaluating Conditional Uses". l' Standard A (Ingress and Egress). This standard is addressed under Standard C of the Development Plan criteria. Site Standard B (Parking and Loading Areas). Parking is addressed under site development Standard *D. Loading areas are not required. Standard C (Refuse and Service Areas). The applicant is providing 2 rollout cans screened from view by the existing six foot existing fence. Standard D (Ufilities). Utilities are{discussed under Site Development Standards G and H. No problems exist. Standard E (Screens and Buffers). See discussions under Site Development Standard E. No problems exist. . _. . ... ~- _. .. , To: Planniny and Zoning Board Re: Conditional Use Request for Samll World Day Care Center Page 5 Standard F (Signs and Lighting). The applicant; is hereby advised that the location of any sig~age must be indicated on the site plan. Actual signage requ~res separate permitting process through the Building Department. Lighting is indicated above all outside doors except the doors at the northwest corner of the building. Lighting must be provided. Standard G (Setbacks and Open Space). The existing structure does not meet the required 15 foot side setback pursuant to Sec. 173.095 and has a current setback of 14 feet. Pursuant to Sec. 173.828, (Nonconforming Structures), where an existing structure existed at the effective date of the zoning code that could not be built under the terms of the code, such structures may be continued, but not be altered or enlarged in any way which increases its nonconformity. The proposed 224 square foot addition will have a 30 foot front setback thereby exceeding the required 25 feet pursuant to Sec. 173.095. Open Space is discussed under Site Development Standard I. sq. ft. excess open space has been provided. 1, ?t8 Standard H (Compatibility) with adjacent properties district. General compatibility of the use and other property in the zoning A City wide analysis has been conducted as part of the review of existing and proposed child care centers. locations, capacities, current enrollment and waiting lists been identified with the fOllowing results: staff Their have Currently Existing Day Care Slots Proposed - Including Centers With Site Plan Approval and Under Review 1,163 209 1, 372 Total E~ollment 1,086 , Total ort Waiting List 257 Utilizing 2~~e~ census p~~~~~, there tlLlI ~ a projectRd 2,866 children within the City between the ages of 0 and 5, ~y 19902 This figure, however, will include a percentage of infants that re not in ne~d OfC~hild care center ~ervices. 3,51D U p'.~,t .>>O~""""tr MAI'I""jo/'). No child care centers currently exist with1n 1,OQO feet of the present proposal. The following facility has received site plan approval; however, to date, it is not under construction (See Attachment): . _. . .. To: Planning and Zoning Board Re: Conditional Use Request for Samll World Day Care Center Page 6 First Years Quality Care 346 SE 1st Avenue (NW;corner of SE 1st Avenue and SE 4th Street) Capacity will be 30 children The fOllowing additional facilities are within 2,000 feet of the proposal before you (See Attachment). Little Friends Kindergarten (First Baptist Church) (3 to 5 year olds) 400 S. Swinton Avenue Capacity - 85 children Enrolled - 85 children Waiting List - 40 children The Training Depot Preschool, Inc. (2 to 5 year olds) 831 SE 4th Avenue Capacity - 40 children Enrolled - 38 children Waiting List - 4 children Tag Day Care (Formerly Sunshine Place II) 3 1/2 months to 5 years old 117 SW 3rd Street Capacity - 45 children Enrolled - 42 children .{ Happy Times Child Care Center (Currently Under Review) 200 SW 1st Avenue Capacity - 30 children Standard I (Height). The use structure compatible involves so the with the conversion height and surrounding of an existing single family character of the building is residential uses. Standard J (Economic Effects on Adjacent Properties). The economic effects on surrounding properties is unclear. The neighbors wil~ be impacted by potential noise from the outside play areas. four homes will be directly impacted; three homes immediately tf the south and one to the immediate east. A 16' unimproved alley exists along the south property line providing limited bUffering. Residential uses to the west and north will be buffered by the existing 50 foot right-of-way of SE 3rd Avenue and SE 4th Street. TECHNICAL ITEMS: Though the applicant has addressed most of staff's concerns, the following outstanding items need to be addressed. . -~. . .. To: Planni: and Zoning Board Re: Conditional Use Request for Samll World Day Care Center Page 7 1, sidewalks must extend thru driveways along both SE 3rd Avenue and SE 4th Street. 2, DimensioR right-of-way for SE 4th Street and SE 3rd Avenue on the site plan. 3. Provide one way signage at all drives and Do Note Enter at exit drives pursuant to Sec. 173.870(E)(9) for proposed drop off area. 4. Provide foundation planting plan for CAB review on November 30th. 5. Indicate proposed play equipment to be provided. 6. Provide security lighting around exterior of the building (add lighting at northwest corner of building over doorways. 7. The fOllowing items need to be changed on the plant list on the landscape plan: Change Mahogany quantity from 1 to 2 to reflect quantities indicated on the landscape plan. I Wax Jasmine must be 24 inches in height minimum pursuant to Sec. l59.28(C). .y;; :'- Y' ".~,,8. - The applicant is requesting a waiver from Sec. 159.02 of the " L. . >' landscape code to eliminate the requirement to provide ,~J ~~'rY ~~- curbing around the landscape areas. ,,~> _r:- \> ~--'"" . .-:> "..' ~ '.:.. PLATTING: -.Qr f /\~ '" Platting over lot issuance is not required, but as the lines, a Unity of Title of a Building Permit. existing structure is built will be required prior to CAB (COMMUNITY APPEARANCE BOARD): The CAB reviewed the development on October 19, 1988. The Board gave preliminary approval for the landscaping and elevations. The Board requested the applicant return with a foundation planting plan and photographs of the existing wood fence for final approval. The item is scheduled for final action by the CAB on November 30, 1988. ASSESSMENT: From projection of Census figures it appears that there will be a need for additional child care slots in the future. Though most of the existing child care facilities are not concentrated within close proximity to this proposal, one development has been . ~ , To: Planning and Zoning Board Re: Conditional Use Request for Samll World Day Care Center Page 8 approved within 750 feet. Care, has a capacity of site plan was approved activity has followed: This facility, the First Years Quality 42 children, The conditional use and on May 24, 1988, yet no development ALTERNATIVE ACTION: I. Continue with direction. 2. Recommend approval based upon positive finding to Sec. 173.867 (Standards for Evaluating Site and Development Plan Applications) and Section 173.848 (Standards for Evaluating Conditional Uses) subject to~conditions 1 through S of this staff report with the r commendation that the applicant provide curbing aro nd landscape areas pursuant to Sec. 159.02. 3. Recommend approval based upon positive 173.867 and Sec. 173.848 and recommen sec. 159.02 be given. Sec. from RECOMMENDATIONS: By motion: Alternative No.2. 1ee"",,,,. ,..9- 1\0-...- ~~'<l+~"'-" REF/PD*II/tp/A:SMALL.TXT , , ,,-, n:. \~.c.L """,'oX.'- .~ \J.-'~:i\... c.,~-t::. . -.- . .. I .---:-- I !~ 11 -I' .~) Ii I it' ) '..-- -- 1<e1' ffi:. 1\ - ~-:-~. ~ f L.,... ~____ ~_ ,. I . \ . ~ of-- I . 1 . . r, , I :, I ' I [, ! f-'-' -r --...-=...- I I , :/ ~-~#"'-.~ '0<) 2 [ 'I ---- 1-~ ' ...--... pl'--;-- EJ i j fWO....~ - -, ~",,-:L' j , 'm I, r- l.-r :;.;-~;;: .., ........;-.~~'- ..~ __...J -"I 1-+ I ~I + PRo~(f.)t S) IltIP~"EM ~1S t'ltli' + l!ar~~ r ''9'''"-'. /' ..~':'l_ , I I.. ~",..--_' '2?4'....,." I ~/'l ~.M!f& ..... .,' ...... ....... ~ . ~.. "-;-- ~- ~ ..- -~~ 1:1 r - . ~, . .(" \i./". \'t' , '\" ... . . _ft''H . __'" II... .. ... Po e.-'-041fl- =-~_ ~-t'V!L_ -$. . I ,=~-j >: ) / ~' - ---t's' '. ~:I'~! . , I 1 , : I I , ' / 'I I , , I . III .~ I ~' '-., tl I &-1 I i till , J -*~ Il.l ~ , .. j .t ,.; " ",.." SO! I f ! I I~ ~.__... ,-", . ~ \ ..~ .'. ---+ I . t;"" ~. I . -- "" - . -- .. I. ''1 . . . . 'i . ~ . I . I. Lau. 400 S. Phone: 0\;.. : Friend. Klnderqarten SWinton Aftft_ .. 272-2622 3 to IUnder._..n , rir.t Y..r. QuAlity Ch1~ cor. 341 .. lit Avenu.e UN COrMr of II 1.t A.., . II 4t1l ltJ;ootl fto 'I'r.lll1Ag Dopot ..,....IlOo1. 1M. 131 sa 4t1l A"DUo ......, 2'5-1177 _., 2 to 5 rr.. 1 3 -- - e.D&ei~y aaroll..s. Va1t1Dl1 .IolIr. IS IS 40 42 40 JI 4 + 2'09 Dol' Cu. 41 U 0 U 7 .., JrC Stroot _. 215-0175 Ago. I 3 1/2 ...., to 5 yr.. $' fto llIIUIlli... U.... '0 57 0 211 IV 2Dd Av.nuo _. 272-313' Ago. , Intel. to 5 yr.. 10. Happy ~iM. ClI1l4 car. eenter 30 200 IV 1st A..n". , . . : . . " ,.t ., ... ..- .- EXISTING CHILD CARE CENTERS Capacity Enrolled Waiting ill1 Alpha-Time Children's Center 770 SW 12th Terrace Phone: 278-7771 Ages: 3 mos. to 5 yrs. Community Child Care Center 215 SE 1st Avenue Phone: 276-0520 Ages: 2 to 5 yrs. 99 99 63 35 35 200* Daughter Lamb Day Phone: Ages : of Zion Little Care Center 272-8696 2 1/2 to 5 yrs. 33 20 6 Kenland Academy 601 SW 6th Avenue Phone: 276-6201 Ages: 6 mos. to 5 yrs. 57 57 o :t Kiddy Kampus Nursery School & Kindergarten lIS SW lOth Avenue Phone: 278-3115 Ages: 3 mos. to 6 yrs. Lake Ida Day Care Center 455 Depot Avenue Phone: 243-0353 Ages: 3 to 5 yrs. 68 68 75 18 6 10 Little 400 S. Phone: Ages : Little Folks Day Care & Kindergarten 326 NW 7th Avenue Phone: 27~2920 Ages: 8 ~s. to 5 yrs. . Friends Kindergarten Swinton Avenue 272-2622 3 to Kindergarten 77 77 25 85 85 40 Montessori Academy of Learning 1429 NE 3rd Avenue Phone: 278-8079 Ages: 2 1/2 to 5 yrs. 45 35 o ~ ..1- - 1. I Referrals from Florence Ful~Child Development Center J!L"",,-, -,,,,,-,... ~ 1i~/. lO l.at 4. i)e/_, '?Pad... . --.... . .. , 123 World 33 26 10 2225 NE 3rd Avenue Phone: 278-0123 Ages : 6 wks. to 5 yrs. Sugar Plum Tree I 21 16 0 203 North Dixie Blvd. Phone: 276-6610 Ages : 2 to 5 yrs. Sugar Plum Tree II 46 26 0 (Address Same as Above) The Sunshine Place 60 57 0 216 SW 2nd Avenue Phone: 272-3639 Ages : Infants to 5 yrs. Tag Day Care 45 42 0 ~.t 117 SW 3rd Street Phone: 265-0175 Ages : 3 1/2 mos. to 5 yrs. The Training Depot Preschool, Inc. 40 38 4 831 SE 4th Avenue Phone: 265-1177 Ages : 2 to 5 yrs. Wee Care at Cason 56 68 12 312 N. Swinton Avenue Phone: 278-9331 Ages : 4 mos. to 4 yrs. Young Tiny Tots 47 47 310 SW 6th Avenue Phone: 276-5111 Ages: 31llfls. to 5 yrs. , 49 Younq Tiny To~s II (Under Construction) Honey Bee's Naps & Laps 22 22 15 601 NW 6th Avenue Phone: 498-8139 Atlantic Park Child Care 102 SW 12th Avenue - Not Applicable or No Response . - -. ~ . .. Girl and Boy Land lIS SW lIth Avenue Wee Wisdom Montessori 101 NW 22nd Street Phone: 276-4414 Ages: 2 1/2 to 6th Grade Seacrest Preschool 2703 North Seacrest Blvd. Phone: 276-5552 Ages: 2 to 4 yrs. St. Paul's Day School 188 s. Swinton Avenue Phone: 278-4729 Ages: 3 to 5 yrs. Delray Target Area Center 600 SW 15th Avenue Pullum's Playskool (Pullum, Mary) 620 SW 8th Court Ages: 2 1/2 to 5 yrs. TOTALS PROPOSED: Community Ch~d Care Center NW Corner of ~ake Ida Road and ml4th Street Small World Child Care Facility 302 SE 4th Street , 120 110 60 36 34 1,186 1,060 60 40 . 56 36 34 .. o o 1 -1 15 276* + 200 ~ \.~ 2.a tClIlIlfefU' '~~-1f'I...I ,..,~u.. , ~..~.. I,",~d'ul ,"l -- First Years Quality Child Care 42 346 SE 1st Avenue (NW Corner of SE lst Ave. & SE 4th Street) Happy Times Child Care Center 30 200 SW 1st Avenue TOTALS 1,358 1,060 - Not Applicable or No Response , , . . . .. . 476 - .t C I T Y COM MIS S ION DOC U MEN TAT ION FROM: WALTER O. BARRY, CITY MANAGER r:\ - 'j~OV~ ~J. KOVACg, -DIRECTOR DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: MEETING OF DECEMBER 13, 1988 AGENDA ITEM CONSIDERATION OF A MAJOR MODIFICATION TO AN EXISTING CONDITIONAL USE REOUEST AND IT'S ATTENDANT SITE PLAN FIRST CHURCH OF CHRIST SCIENTIST , ACTION REOUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of a major modification of a conditional use and an attendant site plan. A major modification is processed in the same manner as is a new conditional use request. . r In addition, two allowable waivers to requirements of the zoning code are requested; and one waiver of a landscaping code provision is requested. The project involves demolition of an existing, structure, conversion of the site to a once-a-week parking area, addition of a Sunday School and offices to the existing church, and creation of parking (some paved, some stabilized sod) by the church. BACKGROUND: Attached is the Planning and Zoning Board I s staff report which provides a complete analysis of this request. The project initially created some concern because it was thought paved parking would be required for all the parking. This, it turned out, was not the case. Only three spaces and the aisle need to be paved. The balance of the parking is in stabilized sod. Even though the site Historic Preservation the Board did provide is not designated as a Historic Site, the Board was apprised of this application, and comment to the Planning and Zoning Board. ~ . - - 3~ ~ To: walter 0, ~rry, City Manager Re: Considera~.on of a Major Modification co an Existing Conditional Use Request and It's Attendant site Plan First church of Christ Scientist Page 2 planninq and Zonin~ Board Recommendation: At its meeting of November 21, 1988,~ eld a pUblic hearing at the conclusion of which, the Board made findings of compliance with the conditional use and site plan evaluation criteria and recommended approval subject to conditions. They also recommended that the Commission approve the use of stabilized sod for Lot 12 (the lot north of 2nd Street), the area north of the church, and for eleven of the spaces south of the church; and recommended waiver of wheel stops which would be required by 173.772(B)(3) as it applies to Lot 12. communi tv Appearance Board Action and Recommendation: The C.A.B. has approved the landscaping and architectural features of the project. They have also recommended that a waiver be granted to Code section 159(A)(1) as it relates to hedging along the south and east sides of Lot 12 and along the north and east sides of ' the parking area immediately north of the church structure adjacent to parking areas. In-lieu of curbing, the Board seeks railroad ties or similar material for the area between the church's north parking area and 2nd Street. The recommendation is made in order to have the project be more harmonious with the residential character of the area. That recommendation i~'r' supported by the H.P.B. and the P & Z Board. RECOMMENDED ACTION: By motion, approve the Conditional Use modification and attendant site Plan for the proposed modifications to the First Church of Christ Scientist based upon the findings of the Planning and Zoning Board, but sUbject to the conditions as recommended by that Board; and further, that a waiver is granted to 159(A)(1) (hedging) pursuant to the recommendation and conditions of the Community Appearance Board; that a waiver be granted to 173.772(B)(3) (wheelstops) and that stabilized sod be approved as recommended by the Planning and zoning Board. Attachment: P&Z Staff Report of November 21, 1988 REF/DJK*31/CCCHURCH.TXT . . ~ , f)LANNING & CITY OF CELRAY ""!.ONING BOARD BEACH - - - STAFF REPORT --- MEETING O'tIE: Noyeaber 21, 1988 AGEI'lJA ITEM: III.B. ITEM: Q:nIit1aBl UI!Ie 1Iequ!Bt. ~jor !<bli.ficatiat to ~ QudI - F:irst QudI of qnst Scientist - . . . . .. . .' . . '" . . .. . ." . . .. .. . . .. . .. .. . .. . to . . . .. .. . ,. , , GENERAL DATA: owner...........................Flr.t Church of Chrl.t SClefttl.t .Ilt........ ........ .......... .c. _n Slla" Locatloll.........\..............Nortbwe.t and aoutbwe.t COrDar. of 5.11. 2nd StrMt and 5.1. 7th A_ property 51.....................31,050 Sq. ft. (0.71 Acr..) C_lty _lo~t P1&Ja... .1III1Upl. Feally ...ldellU&l Clty ZOlllng.....................RN-10 (Multlpl.-Feally ".ldelltlal Dwelllng Dl.trlct) and 1l-1M (Slftql. Feally Dwell11lq Dl.trict) Adjacellt ZOlllng.................North of the .ubject property 1. zoned RN-10. south 1& zoned R-1M (Slnqle.r...ily Dwelllnq Dl.trlct). Ia.t 1. zoned RM-10 and a-1M. w..t 1. zoned SC (Speclallzed commerclall. Ex1&tLll9 Land U......:......... . Lot 12 - SWId&y SChool and Admllll.tratlv. Offlc.. Lot. 22. 23, , 24 - Sanctuary Propo.ed Land U.................Modlflcatloft of th.,.lte plall lnclwUnq; construction of & 2,124 sq. ft. Sunday school Addition to the exiatinq .aftCtuary. denolltloll of 3,711 sq. ft. Sunclay school aM construction of paved And .tabl1lzed sod parklnq ar.a.. Water 5ervice...................Exl.ting on-aite Sewer Service...................Exi.tlng on-aite ITEM : III. B. . ~ ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a major modification to the site plan and conditional use for the First Church of Christ Scientist. The church, attendant Sunday School and administrative office is located at the intersection of SE 2nd Street and SE 7th Avenue. BACKGROUND: The church complex consists of two buildings, a sanctuary and a free standing sunday School with administrative office. The church sanctuary was constructed in the early 1930's on the Boca Raton Air Force Base and moved to this site in 1947. The Sunday School/administrative office was constructed on the present site in 1947. The sanctuary is located on three lots south of SE 2nd Avenue and west of SE 7th Street. The Sunday School is located north of the sanctuary on the north side of SE 2nd Avenue, ,I The lots on which the sanctuary has been constructed .~. currently zoned R-1AA, while the lot the Sunday School is currently located on is zoned RM-10. Churches and their attendant uses are allowed as conditional uses in both the R-1AA and RM-I0. As the buildings were constructed in 1924 and 1947, conditional use or site plan approval was probably not required. There is no record of any recent development activity on the site. , PROJECT ANALYSIS: The church is proposing the demolition of the existing 3,711 square foot sunday School currently located on Lot 12 north of SE 2nd Avenue. The church then will construct a 2,124 square foot addition to the existing sanctuary to accommodate the Sunday school and administrative office functions. Currently on-site no paved parking exists. In an attempt to satisfy current parking code requirements of 70 spaces, the church submitted a site plan accommodating 41 parking spaces., The parking proposal included 14 ninety (90) degree paved spaces south of the sanctuary, 9 forty-five (45) degree paved spaces north of the sanctuary and 18 forty-five (45) degree stabilized sod spaces on the lot north of SE 2nd Avenue. The church has, after receiving input from the Planning and Zoning Board at its workshop meeting of November 3, 1988, amended the submittal to include stabilized sod vs. paved surface for the 9 forty-five (45) degree spaces tmmediately north of the church, as well as a portion of the 14 spaces immediately south of the church. . .. , MEMORANDUM TO: Walter O. Barry City Manager FROM: Robert S. Pontek Director of Public Utilities SUBJECT: GERMANTOWN WATER TRANSMISSION MAIN SUMMARY OF CO ITEMS DATE: November 30, 1988 Attached please find the Engineer's discussion of each item contained within the proposed Change Order t2. This CO is in the total amount of $24,394.55 while CO t1 was a deduct of ($32,974.00). This reflects the total project as being $8,579 under the original budget amount authorized by the City Commission for the work. We therefore wish to place the approval of CO t2 in the amount of $24,394.55 and reduction of retainage to zero before the City Commission for their approval at the December 13th meeting. RSP: smw ATT: ..51 GENERAL: ATTACHMENT "A" CHANGE ORDER NO. 2 The Germantown Road Water Transmission Main Project consists of the installation of a 16-inch ductile iron pipe water transmission main from the intersection of Old Germantown Road and SW 10th St. to a point on Old Germantown Road just west of Greenbrier Dr., including installation of the water main in an existing casing under 1-95, a Jack and Bore crossing under the CSX Railroad and an aerial crossing over the Lake Worth Drainage District (LWDD) E-4 canal. The original cost of construction was $392,527.00 with the duration of the contract being 120 days from the date of Notice to Proceed which was December 13, 1987. ITEM #2-1 REQUIRED CHANGE: JUSTI FI CA TI ON: RECOMMENDATION: ITEM #2-2 REQUIRED CHANGE: JUSTIFICATION: RECOMMENDATION: ITEM #2-3 JUSTIFICATION: RECOMMENDATI ON: Additional Railroad Crossing The addition of 32 1.f. of pipe casing, piping and labor to install. Item #23 of Pay Request #4 (Final) was increased due to the additional casing and piping required to bridge 2 sets of tracks and not one as shown. Established unit price of $242.86 per 1.f. based on original cost. Approval is recommended. (See Exhibit I) Increase in Contract Amount of $7,771.43 Germantown Paving Restoration The addition of 1825 additional sq. yards of base, per County requirements. Item #6 of Pay Request #4 (Final) was increased due to additional base material as required by the County. Established unit price of 8" base is $9.60 per sq. yard. Approval is recommended (See Exhibit II). Increase in Contract Amount of $17,520.00 Additional piping constraints associated with the Linton Office Center Owner's requirements. . The following items were added due to Owner's building and roadway requirements: A. Re-mobilization $1,123.00 B. 20'-0" 8" DIP @ $14.70/ft. 294.00 C. 87.5'-10" -10" DIP @ $17.85/ft. 1,561.88 D. 2 - 8" Gate Valves @ $400.00/ea. 800.00 E. 2 - 10" Gate Valves @ $547.00/ea. 1,094.00 Approval is recommended (See Exhibit III). Increase in Contract Amount of $4,872.88 . _. .~ ~.. ,- ~ ..... ,,- .- . ~ . ITEM #2-4 I.B.M. Restoration JUSTIFICATION: Because of prolonged restoration of sprinkling system by Owner, additional sodding was required. RECOMMENDATATION: Approval is recommended (See Exhibit IV). Increase in Contract Amount of $718.68 ITEM #2-5 Contract unit price changes Pay Request #4 (Final). JUSTIFICATION: Our Contract provides for certain credits or increases in costs due to additions or deletions of contracted items based on unit prices associated with the originally Owner approved Pay Request. They are as follows: 10. 11. 12, 13. 14. 15. , 1. Additional excavation 0 _ 2' 10 L.F. @ $10.001l.f. - Deduct: $ (100.00) 2. Additional excavation 2' - 4' 10 L.F. @ $15.00/l.f. - Deduct: (150.00) 3. Additional backfill rlaterial 10 C.Y. @ $4.00/c.y. - Deduct: ( 40.00) 4. Sheeting left in place 1,000 L.F. @ $2.00/l.f. - Deduct (2.000.00) 5. 6" Pavement restoration limerock 123 SQ. YDS. @ $8.00/sq. yd. - Add: 984.00 6. 8" Pavement restoration limerock 430 SQ. YDS. @ $9.60/sq. yd. - Add: 4.128.00 7. 6" Concrete Pavement restoration 10 SQ. YDS. @ $27.00/sq. yds. - Deduct: (270.00) 8. Pavement restoration I" asphalt 710 SQ. YDS. @ $2.60/sq. yd. - Add: 1.846.00 g. Pavement restoration 2" asphalt 10 SQ. YDS. @ $5.20/sq. yd. - Deduct: ( 52.00) Concrete sidewalk restoration 10 SQ. YDS. @ $18.00/sq. yd. - Deduct: (180.00) Concrete driveway restoration 6" 10 SQ. YDS. @ $27.00/sq. yd. - Deduct: (270.00) Concrete curb restoration 10 L.F. @ $10.00/l.f. - Deduct: (100.00) Concrete curb gutter restoration 10 L.F. @ $10.001l.f. - Deduct: (100.00) Concrete gutter restoration 10 L.F. @ $10.00/1.f. - Deduct: (100.00) 12" DIP 20'_0" @ $21. 55/ft. - Deduct: (431.00) . "'-"'. . . I ~ I . . .' 16, 16" DIP 569'-0" @ $26.25/ft. - Deduct: (14,936.25) 17, DIP fittings 3.24 tons @ $4,274.00/ton - Add: 13,847.76 18. 16" Butterfly va I ve 3 @ $l,655.00/ea. - Deduct: ( 4,965.00) 24. Sod replacement 841 SQ. YDS. @ $I.55/sq. yd. - Add: 1,303.55 25. Concrete encasement 50.00) .20 @ $250.00 - Deduct: ( 26. 12" Gate valve 859.50) 1 @ $859,50/ea. - Deduct: ( RECOMMENDATION: ITEM 12-6 JUSTIFICATION: RECOMMENDATION: ITEM I2T7 JUSTIFICATION: RECOMMENDATION: ITEM #2-8 JUSTIFICATION: RECOMMENDATION: ITEM '-9 JUSTIFICATION: RECOMMENDATION: Approval is recommended (See Exhibit V) Decrease in Contract Amount of ($2,494.44) 8acteriological Analysis As per our Contract Specifications, the City of Oelray 8each is required to pay for all approved test results. 16 Total @ $35.00/ea. = $560.00 Approval is recommended (See Exhibit IV). Increase in Contract Amount of $560.00 Soil Density Testing As per our Contract Specifications, the City of Oelray Beach is required to pay for all approved test results. Approval is recommended (See Exhibit VII) Increase in Contract Amount of $396.00 Bid Tabulation and Pay Estimate Revision Due to an error associated with the original bid tabulation sheet, Item #03000-01-00 should have been .20 cy @ $250.00/cY, instead of 20. cy (as shown). l\pproval is recommended Decrease in Contract Amount of $4,950.00 Increase in Contract Time Based upon the re-mobilization to continue piping require- ments through the Linton Center property, as per drawings prepared and submitted by Paramount Engineering Services and the completion of the piping by the County across the E-4 Canal on Germantown Road. Approval is recommended. Increase in Contract Time of 90 Days . . t.........., ~ ~. .-. ... ..-- .~- - '. . I , ! I , ~ l , , CHANGE ORDER NO. 2 SUMMARY SHEET TOTAL INCREASE IN CONTRACT AMOUNT: TOTAL INCREASE IN CONTRACT TIME: , $24.394.55 90 Days . ~ -, I I ~ ~ , ~ ..-.._. ,"' - .--- POS IUCKlEY, SCHUH &. JERNIGAN, INC. --1t65~ "aUOil.AKES 1Il/D." SI.I1l500.1ONU.' --Wisr MLM IUoCH. ~ 1J.tOl <<)7-'7175 October 20, 1988 Mr, Robert S. Pontek Director of Public Utilities City of Delray Beach 200 N.W. 1st Avenue Delray Beach, Florida 33444 Subject: City of Delray Beach Germantown Road Water Transmission Main Payment Request #4 (Final) PBS&J Project No. 14009.90 Dear Bob: Enclosed for your consideration and payment is the Final Payment Request for the above subject project, as submitted by JOBEAR, INC. In addition to the pay request, please find attached Certification of Contractor, Affidavit and Partial Release of Lien documents. A Final Release of Lien will be furnished for the final psyment to the Contractor. We have reviewed the Pay Request and having observed the construction activities, are satisfied that all construction, for which payment is being requested, conforms to the plans and specifications, Therefore, we recommend that payment to JOBEAR, INC. be made in the amount of NINETY NINE THOUSAND, EIGHTY SIX DOLLARS AND ZERO CENTS ($99,086.00). contingent upon your review and approval of Change Order No.2. ' Please do not hesistae to contact me should you have any questions regarding this project. Very truly yours, ~~' "..'~'" '-t~ey A. Boone Project Manager INC. cc: Mr. Larry Martin Mr, Joe Moldovan ~ [, /' JAB/ts Enclosures ENGINEERtNG-..plANNING . ARCHffECTURE ,.. . , -, .~~....- ~.. ~-- ....-- , I r i I ~ I , , ~~ - ._~~ =.''-. - "" - - PO~ lUCKLEY. SCHUH &. JERNIGAN. INC. 'l665-MiM'1Uot LAXfS Ilm sum soo.'JIl::MU I WEST MLM lEACH. ~ 33401 .w7M19-127S October 20, 1988 Mr. Robert S. Ponte!< Director of Public utilities City of Delray Beach 200 N.W. 1st Avenue Delray Beach, Florida 33444 SUbject: City of Delray Beach Germantown Road Water Transmission Main Olange Order No. 2 PBS&J Project No. 14009.90 Dear Bob: Enclosed for your consideration is Olange Order No. 2 for the above subj ect proj ect. cnce you have reviewed the Olange Order and prepared it for City O::mni.ssion approval, please do not hesitate to contact me should you need any additiooal information. Very truly yours, POST, BUCKLEY, SCHUH & JERNIGl\N,mc. ?7~a.~- -- Jeffrey A. Boone Project Manager JAB/ts Enclosures cc: HI'. Iarry Martin Mr. Joe Moldovan ~(I ENGINHRfN(joPLANNING + ARCHfTECTURE--- - ,. . .- T_ ~.' __. ..... .,-. ~. ~ I , , [ITY DF DELAAY BEA[H iOO ':'-JW 1st AVPJUE DE LRA y' BEACH, F LOR I::JA 33444 3U5,243 7000 MEMORANDUM To: Walter O. Barry, City Manager From: Robert A. Barcinski, Assistant City Manager/~ Community Services Departments Date: December 9, 1988 Subject: DOCUMENTATION - CITY COMMISSION MEETING - DECEMBER 13, 1988 - CHANGE ORDER #1 - LINTON BOULEVARD IRRIGATION CONTRACT Commission is requested to approve Change Order #l in the amount of $990 for the Linton Boulevard Irrigation Contract. This includes an increase of $12,556 total for downsized pumps and pressure relief valves and a decrease of $11,566, total to replace original pumps bid. Net change $990. The new contract price will be $66,336, and funding is available in the 1987 Utility Tax Bond (Beautification Projects). Attached is a copy of the change order with schedule of addi- tions and deletions with staff and Kettelhut's recommendations. Staff recommends approval of the change order. RAB: sk attachments THE EFFORT ALWAYS MATTERS . - - . ~ - ~-- -- ~ '-k; M E M 0 RAN DUM TO: Robert A, Barcinski, Assistant City Manager/ Management Services FROM: Ted Glas, Purchasing Director DATE: December 8, 1988 SUBJECT: Change Order on Linton Blvd. Beautification, Bid #88-104 - Irrigation The landscape architect and the City Horticulturist are recommending changes to the above stated contract, per Change Order #1. The contractor, McCoy Irrigation, has signed Change Order #1. There is a net increase of $990. to the contract, The new total contract price is $66,336. Per the Budget Office, the additional monies needed are available in account #333-4141-572-61.15 (Utility Tax Construction Fund- Medium Improvements), ~~ Ted Glas Purchasing Director . - .... ...- ..-- . ~ , , H. K U R T K E T TEL HUT & ASS 0 C I ATE S Dec. 7, 1988 Nancy Reinhart Davila Beautification Project Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, Fl. 33444 RE: W. LINTON BLVD. Irrigation Changes Dear Nancy: I have reviewed McCoy Irrigation Inc. letter dated Nov. 8, 1988 and accept Items #1 - #4 with the one condition attached to Item #2, " The smaller pumps are accepted with the understanding that the contractor is responsible for providing the city with a completely operational irrigation as was required under the original specifications." S'",.,.", ~ 1 // - " ,,-' ,i />/ 'f /'/~Ct'~C~ ' ~/-4'.- '.'. L./ H; Kurt Kettelhut L-----~ Landscape Architect 227 GOOlsby Boulevard Deerlield Be a c h. F lor i d a 33442 305/426-4305 LANDSCAPE ARCHITECTS. LAND PLANNING. SITE PLANNING . -.. ~ , CHANGE ORDER No. Dated December 8 , 198....L Project No. Bid # 88-104. Purchase order # 016719. project # 333101 Project Name: Linton Boulevard lrri~ation Owner: City of Delray Beach, Florida Contractor: Mc Coy Irrigation. Inc. (407) 586-0681 Contract Date: October 18, 1988 To: Tl'.:.n-rn R~A'or. 'U P npgT'~~-rnno M.... rny r....yig , Contractor You are directed to make the following changes in the subject contract: - Ann - -r~pm~ lO:hnt.m in !::('hpnlllp A - D21p.te - itp.m,::, RhoWTl in R~hed1l1p. B which changes are more specifically described in the attached amended plans, drawings, and specifications. The reason for the change is as follows: Downsizin~ the pumps was felt to be preferable for the overall operation of the irri~ation system. The addition of the pressure relief valves is important for the long term operation of the system should any of the valves malfunction, they would protect the pumps and piping system. The contract price and contract time shall be adjusted because of such changes as follows: A. Contract Price 1. Contract price prior to this change order: $65.346,00 Page One of Two Pages . _. . ~ CHANGE ORDER #---l... 2. Net increase resulting from this change order: $990.00 3. Current contract price including this change order: $66.336.00 B. Contract Time 1. Contract time prior to this change order: 90 days from Notice to proceed 10-26-88 2. Net increase resulting from this change order: No change 3. Current contract time including this change order: 90 days from N. T. P. issued 10-26-88 City of Delray Beach, Florida, OWNER By: Attest: City Clerk City of Delray Beach, ___ Appro"" u to r~m' ~;;f 122&- _~, City Attorne The above changes are accepted on np~pmhp" Sl ,198~. I understand that all the provisions of the Contract Document related to Project No. 1<<1 IISl'-lO/I which are not inconsistent with the terms of this Change Order shall remain m e feet and apply to all work undertaken pursuant to this Change Order. Witness: ~A'K.u'; ~(~, -J, .I '/ ;/G,y;'; "'7 j{.~~ / As to Contractor , CONTRACTOR of ODeration~. Me Coy Irriiation Title .,. Page Two of Two Pages . ~ ~ -.".- --. ~ - ~-- -- " SCHEDULE A ADDITIONS 8 - 3 H.P. Goulds pumps, model # G3BF13012 , $1,122 @ 2- 2 H.P. Goulds pumps, model # GXSH20, $775@ 10- 1" Jayco pressure relief valves, $203 @ SCHEDULE B DELETIONS 8 - 5 H.P. sta-rite single phase pumps, model # DHJ-3, $1,202 @ 2 - 3 H.P. sta-rite single phase pumps, model # DHH-3 $ 975 @ $ 8,976.00 1,550.00 $2,030.00 $12,556.00 Total Additions $ 9,616.00 1,950.00 $11,566.00 Total Deletions $ 990.00 Net incre, to contract . _. .. - . ~ - .,--- AGENDA REOUEST Date: 12-7-88 Request for: Workshop Date --.lL Regular Date l?_l'3_AR Consent Date Special Date Desoription of item: Chan2e order reque~t: for 1.in"'on Rr\l1h~"HIl"''' irrig;:tt"inn p....nj-C1"..t , ~iQ 1/ 9& lQ'I. 'P"r~b:HHl ereer ff 91fi719. "'0 prouirla p,..g~~11"'9 I'91iuf valves for the irriaation Dumos. Valves ~nn l~hnr ;:ITa $?n~ ~n.... o~~b of to~ pumping stations. Total amount $2.030.00. Al~Q iw.glnus BARaga erael' te dot.m~ize t"hp origin;:tl pnmp Clpgt"ifi,..~rio'" ubi~b U9yld. QUQrease taB eeRtrae~ prir..p. hy !lil.0l..0 00 'T'hp "aT int"'T'g~Qo to r'h9 ~QRtr~~t prigg uB'Yld 'Be $99Q~ wkich changeR ~hp prirp frnm $~~.~a~ nn >n '66.336 00 (Attach detail description if necessary) Recommendation: Approximate Cost not to Exceed $2.030.00 :::::t:::':;b::q:::t'::-:~:~:::~:t':::;;~;Q'i\ ~::~.". Finance Director: Preparation of Ordinance Resolution . - .. / MEMORANDUM To: 'Walter Barry, City Manager Via: Lula Butler, Community Improvement Director From: Nancy Davila, Horticulturist/Special Projects Coordinator Re: CHANGE ORDER REQUEST FOR,LINTON BOULEVARD IRRIGATION Date: November 17, 1988 The inclusion of pressure relief valves for the irrigation pumps for West Linton Boulevard were not in the drawings or specifications for the job. Although they are not required to have an operational system, they are important for the long term operation of the system and protection for the pumps should any of the valves malfunction. I I am requesting that a change order be approved to include a pressure relief valve at each of the ten pumping stations in the total amount of $2,030.00. The City has to date a net savings on the job as the pump sizes were reduced from the original specification for a savings of $1,040.00. In view of the above. the net increase to add the pressure relief valves would be $990.00. Please let me know if this change meets with your approval. . -., .. , McCOY IRRIGATION INC. 1304 Rupp Lane. P,Q. Box 5736 . Lake Worth, Florida 33466 Telephone: (407) 586-0681 Novembell 8, 1988 C~~y 06 Vet~ay Beach 100 N.W. 1~~ Ave, Vet~ay Beach, Fto~~da 33444 RE: L~n~on Btvd. Beau~~6~ca~~on P~ojec~ ATTN: Nancy vavaa~~~'~'iK~et Man~'lel_ I~):'''!.\~(W_ Vea~ Nancy: _- _ - _-=- - - _~ Pe~.ou~ con~~ac~ ag~eemen T nd-~ou~llve~bat ~eque~~, ptea~e no~e ~he 60ttow~ng ~~em~. I I ~em # 1 f~em r Ma~e~~at U~~ To~o 4" 570 ~p~ay head~ w/PVC .6w~ng jo~n~.6 @ To~o 2" 216 ~e~~e~ vatve.6 ~/B~ook~ vatve box @ To~o Il" 216 .6e~~e.6 vatve.6w/B~ook.6 ~atve box @ 3" open end gatvan~zed wett ~o 70 6t. @ 2" open end gatvan~zed wet( ~o 70 6~. @ 5 H,P. S~a~~~e pump, wye .6~~f~ne~, (4" conc~e~e pump encto.6u~e, ga~e valve, rO.6e b~b and check 3 H.P. S~a~~~e pump, wye .6~~(/.~nf~-;,J4" conc~e~e pump encto~u~e, ga~e vatve, h~.6e t~b and check etec. ~e~v~ce ~uppty (atl ~netu.6~veJ @ To~o IC eon~~otte~.6 @ ~l I: I n~e~"!a~~c co n~~ott e~.6 @ ,c' i? Aquam~ze~.6 @ -=~ jack and bo~e @ $25.00/6~. ~~ ~l 3" ma~n t~ne and w~~e @ $2.0 /6~. 2l': ma~n t~ne and w~~e ~ $J. 3~ __, b~~dg e c~~".6.ing -@-$4 2 5.00 each r, - -- - l TO AL CONTRACT S~M ,I $f,5, 346. 00 No~e: Att ~~~m~mo~n~.6_t~.6~ed above ~ne~ude p~p~ng, eVu~pmen~, ma~e~~at.6, tabo~ and .6ekv~ce.6 ~equ~~ed-dnd ~ea.6onably ~nc~den~al ~o ~he con.6~~uc~~on and ~n.6~alta~~on 06 each. $ 24.37 243.00 198.00 875.00 385.00 ea. ea. ea. ea. ea. .6tab, vatve @ 2,054.55 .6lab, vatve@ 1,491.55 1,328.50 130.00 85.00 180.00 ea. ea, ea. ea. ea. ea. l~em #2 At~. Pump P~~ee.6 A. Veduc~ $80.00 each (8 pump.6) ~o U.6e 3 H.P. Gould ~n ptace 06 5 H.P. S~a~~~e o~, ~n o~he~ wo~d~, a $640.00 .6av~ng.6 ~o ~he C~~y 06 Vet~ay Beach. B. Veduc~ $200.00 each (2 pump~l ~o u.6e 2 H.P. Goutd ~n place 06 3 H.P. S~a~~~e o~, ~n o~he~ wo~d.6, a $400.00 .6av~ng.6. SPRINKLER SYSTEMS. DESIGN . INSTALLATION . SERVICE. MAINTENANCE. COMMERCIAL. RESIDENTIAL. AGRICULTURAL LICENSED. BONDED. INSURED. U.12483 . MEMBER FIS . PBCIS . HBCA . -- ~ . Page 2 NovembeJt 8, 1988 RE: L~nton Blvd. Beaut~6~cat~on PJtoject Item #2 Alt. Pump PJt~ce~ Cont~nued: Total Veducted Sav~ng~ $1,040.00 Item #3 Schedule A~ 06 th~~ coJtJte~pondence ail a~pect~ 06 the ~JtJt~gat~on contJtact ha~ ~taJtted. The jac~ and boJte woJt~ ha~ been completed, well dJt~ll~ng ~~ undeJt way, electJt~cal woJt~ (~eJtv~ce Jtun~ to FPL pole~ 6Jtom med~an ~~land~) ~~ 80% complete, and ~n~tallat~on 06 ~~land #1 ~~ undeJt way. The electJt~c~an~ w~ll/have contacted you ~n JtegaJtd~ to FPL ~pec~6~cat~on~ and upon ~ucce~~6ul ~n- ~pect~on we hope to have the 6~Jt~t med~an Jteady 60Jt wateJt. Ail tJtade~ 6all~ng undeJt ~JtJt~gat~on contJtact w~ll ~tay on job ~~te unt~l each ha~ ~ucce~~6ully completed h~~ a~pect 06 the contJtact. I am pJtoject~ng wateJt on 6~Jt~t med~an no lateJt than 11-18-88 (ail h~ng~n~ upon FPL ma~~ng ~eJtv~ce hot! and complet~on 06 ent~Jte pJtoject well w~th~n oUJt contJtact ~pec~6~ed t~me l~m~tat~on~. I Item #4: Add~t~on 06 PJte~~uJte Rel~e6 Valve~ To allow the C~ty 06 VelJtay Beach pJtotect~on 06 pump~ and ~JtJt~ga- t~on p~p~ng, McCoy IJtJt~gat~on, Inc. pJtopo~e~ the add~t~on 06 a 1" Jayco pJte~~uJte Jtel~e6 valve at each pump ~tat~on. Jayco~ ~hall have pJte~~uJte Jtange ~ett~ng~ 06 30 lb~. to 60 lb~. Vue to the natuJte and u~e~ 06 the pump ~tat~on~ ~pec~6~ed on th~~ job ~t ~~ ~tJtongly uJtged and Jtecommended by McCoy IJtJt~gat~on, Inc. that th~~ extJta ~a6ety pJtecaut~on be ta~en. The extJta co~t 60Jt the add~t~on 06 a pJte~~uJte Jtel~e6 valve at each pump ~tat~on w~ll be $203.00 peJt un~t. TheJte aJte 10 un~t~. Total extJta co~t to the C~ty 06 VelJtay Beach ~hall be $2,030.00. I ~~nceJtely hope that ail ~tem~ meet w~th youJt ~at~~6act~on and am loo~~ng 60JtwaJtd to a cont~nuou~ haJtmon~ou~ woJt~~ng Jtelat~on~h~p. ey OpeJtat~on~ at~o , Inc. KEH/Jtkh cc: Mle I guarantee that with the do~sizing of the pumps as specified in item #2 that an operation irrigation system will be provided on Linton Boulevard. . -. ~ ; C I T Y COM MIS S ION DOC U MEN TAT ION TO: WALTER O. BARRY, CITY MANAGER ~) ,I \ \ } '''I0Qrv'~V~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF DECEMBER 13, 1988 AGENDA ITEM CONSIDERATION OF A MODIFICATION TO THE DELINT D.R.I. ACTION REQUESTED OF THE COMMISSION: , The action requested of the Commission is that of approving a modification to the DELINT D.R.I, The specifics of the modification are: -'r 1) to replace the current site specific plan with a concept plan; and 2) to relocate the access to the hotel parcel from Lindell to Waterford Place (extension of Germantown Road south of Linton). BACKGROUND: Attached is the Planning and Zoning Board's Staff Report which provides a complete analysis of this request. This matter is essentially administrative, but because of the project being a D.R.I. it has required action by the City Commission. The net result of the modification is that it will not be necessary to seek formal changes to the D.R, I. when changes are made to the project's overall site such as was done when theWaterford Village (multiple family component) was revised. However, local procedures -- site plan approval will be followed. In passing, during review of this item it has been noted that the conditional use and site plan approval for the hotel and office/research portion of this project has expired. Thus, it will be necessary to (locally) process any future site plan as if it were a new project. . . .. t-H , To: Walter C Barry, City Manager Re: Consideration of a Modification to the Delint D,R.I. Page 2 planninq and Zoning Board Recommendation: At its meeting of November 21, 1988, the Board recommended approval of the proposed modification, RECOMMENDED ACTION: By motion, approve requested modifications. Attachment: P&Z Staff Report of November 21, 1988 , REF/DJK*31/CCDELINT.TXT r . . , PLANNING 8 ZONING CITY OF OELRAY BOARD BEACH --- STAFF REPORT --- MEETING D=lTE: November 21. 1988 AGENJA ITEM: IV. C. rT~: WATERFORD VILLAGE - MODIFICATION TO AN APPROVED DEVELOPMENT OF REGIONAL IMPACT , , . i on... .... ..... yr-. I /II 'IC A""" A. ClI.Ymti. ........ .. 42. ... IS' , . I , ,- . 1 .. " Cc) '0) I ....... , . . . . .w . -:1 . ~; . , '" . :> z ... > c ... . \ \l,c.. . . , MEMORANDUM To: Planning and Zoning Board -~\L David J. Kovacs, Planning Director ~ Thru: From: Stan Weedon, Assistant Planning Director Date: November 18, 1988 Meeting Date: November 21, 1988 Re: Modification to the Waterford Place DRI, 1988 ITEM BEFORE THE PLANNING AND ZONING BOARD: . This item involves two requested modifications to the Waterford Place (formerly Delint Center) Development of Regional Impact (DRI). The requested modifications affect the Conditional Use Permit associated with the SAD Distri.ct designation enacted by Ordinance 79-84 and the Delint Center Development order,~ Resolution No. 49-85. The Board's action is in the form of -a recommendation to the City Commission on the two proposed modifications. SPECIFIC REQUEST: The requested modifications are: I) to replace the current site specific plans with a conceptual site plan, and 2) relocate the access to the hotel parcel as requested by the City. BACKGROUND: In 1987, the City considered and approved three modifications to the Waterford DRI (Ordinance 96:-87, December 22, 1987). These modifications were: 1, A site plan modification to the multiple family residential units and attendant recreational facilities portion of the approved site plan; 2. An amendment to the approved cross-section for southbound S.W. 10th Avenue at Lindell Boulevard to eliminate the southbound exclusive right-turn lane from S.W. 10th Avenue onto Lindell Boulevard. . ~ , 3. Amended the project phasing from hotel rooms, residential units and office square footage to an equivalent amount of vehicle trips generated in each phase. At that time, State Statutes required the City to determine whether the proposed changes constituted a substantial deviation to the approved D,R.I. as provided in Section 380.06(N), Florida Statutes. The Board's action was in the form of four recommendations to the City Commission, a recommendation regarding the level of deviation and a recommendation on each of the three proposed modifications. Subsequent to the City's consideration of these modifications, the State has amended Chapter 380 of the Florida Statutes which regulate Developments of Regional Impacts. The amendments (Chapter 88-164) involve new thresholds for modifications which are presumed to be major modifications and thus require a public hearing to make the determination if in fact the proposed modification is/are major modifications. Those modifications which do not meet or exceed the thresholds as set forth in, Section 380.06 (19)(E)2, do not require a public hearing to maker' this determination. The modifications as proposed by this application do not require a public hearing to make this determination. Therefore, the Planning and Zoning Board action is consideration and recommendation on the specific modifications requested. As a result of the amendment of the State Statutes, Item 28 of the Development Order, Resolution No. 49-85 should be amended to provide for a determination by the Planning Director as to whether a proposed modification to the DRI exceeds the thresholds and therefore requires a determination by the City Commission. , EVALUATION OF APPLICANT'S PROPOSAL: It is unusual for detailed site plans to be included in an Application for Development Approval (ADA). A detailed site plan was included with the original ADA for Waterford Place (formerly Delint Center) because it was previously prepared for the City's local review process. This plan contains specifics such as building locations, landscaping, and parking lot configurations, Presently a modification to any of these items requires a modification to the Site Plan which was approved as a part of the Conditional Use Permit associated with the SAD District designation enacted by Ordinance 79-84 and the Delint center Development Order, Resolution No. 49-85. The proposed site plan modification has no internal or external impacts of a regional nature and the cumulative quantity of development is unaltered (is equal to the approved specific site plan). The three areas of primary development; office, hotel, and apartments, remain. . -~~ . .. , The approved DRI as subsequently modified by the City allows for the following development: Total Site Area ..................."...., 87.311 acres Apartments . . . , . . . . . . , , . . . . .. 236 ,...... 24,660 acres Hotel..... Rooms.,...,....... 250 ........ 9.060 acres Lounge 5,700 square feet Dining 5,200 square feet Meeting 5,800 square feet Office Space.........600,000 square feet. 37.720 acres Recreational Area....................,...... .570 acres Water Body/Area....., .............,......, 19.370 acres The distribution of land uses and the quantity of development associated with each area is not affected by the proposed modification. The proposed conceptual site plan provides for land uses, densities, and their general locations as well as locations of travel corridors and points of ingress and egress. Approval of the conceptual site plan will allow minor site and development changes to be reviewed and approved by the City and permit application of current development standards to the site and development plans. Unnecessary review of minor site plan, changes by the Treasure Coast Regional Planning Council (TCRPG)r and the State Department of Community Affairs (DCA) will be eliminated (see attached letter from DCA). The role of the TCRPC and DCA in the review of changes that may have regional or state significance is not altered by this proposed modification. Staff has reviewed the original DRI and Development Order (DO) and compliance thereto as well as the status of all other site plan and zoning approvals which have been previously granted to the Waterford Place DRI. As a result of this review, we have found: , 1. The SAD Ordinance (No. 79-84, October 9, 1984) approved the development with a time limit of three (3) years from the effective date of the DRI Development Order (Resolution No. 49-85, May 28, 1985). The SAD site plan and conditional use for the hotel and office portion expired on May 28, 1988. Waterford Village, the residential development received an extension in January 1988 for 18 months. The site plan and conditional use approval for Waterford Village is therefore valid until April 1989, 2, A complete failure to comply with conditions 3 & 4 (Air) of the DO (Resolution No. 49-85), pertaining to the seeding and mulching of the site after clearing, and control of unconfined emissions (blowing sand and dust) via wetting or other soil treatment, and . . , 3. A complete failure to comply with condition 10 (Drainage) of the DO (Resolution No. 49-85), pertaining to the establishment of a vegetated and functional littoral zone as part of the surface water management system and drainage canals no later than 18 months after the lakes are excavated. With regard to Item I, it will be necessary to process development and site plans for the office and hotel portions of the DRI through the entire SAD (zoning) process. The Engineering Department has notified the South Florida Water Management District ( SFWMD) and the Palm Beach County Health Department (PBCHDJ of the Engineering Departments concerns relative to items 2 & 3. The SFWMD has stated that an inspector will visit the site regarding these items, The Engineering Department has notified R.E. OWens (engineering firm) that they must commence an effort to control the soil , erosion immediately. The Engineering Department has approved of the use of a 'watering truck to eliminate blowing dust and sand on site. The revised entrance to the hotel site is a result of the' extension of Germantown Road, as addressed in the attached letterr to Mr. Thomas McMurrain, V.P. of Ocean Properties, Ltd. from the Planning Director. The revised entrance does not affect the traffic generation rate (*'s) of the proposed hotel, therefore impacts of this modification are nonexistent. SUMMARY AND CONCLUSION: Neither the State Department of Community Affairs or the Treasure Coast Regional Planning Council have objections to the proposed modifications. There are no negative impacts associated with approving the applicants modification requests. However, the applicant has failed to abide by two of the conditions of the original approval of the DRI, and should therefore be required to comply in the future. The proposed modifications do not alter the SAD District designation enacted by Ordinance 79-84 or the Delint center Development Order, Resolution No, 49-85 (as amended by Ordinance 96-87) . RECOMMENDATION: That the Planning and Zoning Board recommend Commission approve the two modifications to the (formerly Delint Center) Development of Regional conditions noted below. that the City Waterford Place Impact with the 1. That the applicant be required to comply with conditions 3 & 4 (Air) and condition 10 (Water) of the Development Order (Resolution No. 49-85), prior to . . , , the issuance of any further building permits, and that the Code Enforcement Division be directed to inspect for compliance and enforce the conditions of the Development Order as appropriate. 2, That Section 3 of Ordinance 79-84 be amended to read: That the development of the property described in Section 1 is to be in accordance with the approved Conceptual Master Development Plan (CMDP) dated November 21, 1988 and subsequent specific site plans approved by the City consistent with the CMDP, Ordinance 79-84, and Resolution No. 49-85 3, Item 28 of Resolution No. 49-85 should be amended to read: , Any modification or deviations from the approved plans or requirements of this Development Order shall be submitted to the Planning Director for a determination of whether the change's) exceed the criteria for substantial deviations of Section 380.06(19) and therefore require a determination by the City Commission as to whether the change constitutes a substantial deviation as provided in Section 380.06(17), Florida Statutes. When required, the City Commission shall make its determination of substantial deviation at a public hearing after notice to the developer. r REF/COMP. PLAN III/WATERSR.TXT . . .. , "......., -; ~ .. c '''' ~ , 00 0 - ... .. . ~ , >> - = O. ft - .. o. . -;; r.. 0 ~ 0 . .0 .0_ . .. .. "'. " ~ .. ~ :!\ ".." '" ;; ~ '" - " ., ~ : .. . ~ '" M " ~ . - . " " ::; .. C . - L . W . . U .... - . .. U .. .. . .. ~ - ;: .. .. u ~ C . . U5 . .. % % " '" C - , """--. ,-'- ---~1WllIlv I' " =----~, ~- "~I i " '---~'--, --" -"- _ ..:..-:.- /~~Y / I . , I ! / r\ , I, --\ . . . . 0 . . . . U U U C C C '" '" .0 ... .. " " .. .. .. ~ J ' ,yil; ! 1 ! I -:. 1/ - / - / / /.1 If Ii --=-===:::::::~:~:~:~~:r fi -:=:=:=:=:=:=:=:=:=:=:=:=: If / / / / / I . . ~ . . ~ , t ~ [ITY DF DElRAY BEA[H 100"j,'J hlOl.vENUE Dl:LRAyeEt.(H;" ,)~IQA J3444 3U5i:!4J 7000 , i . August 1, 1988 f . . I. t ~ ~ Mr. Thomas A. McMurrian vice President ocean Properties, Ltd. 8132 Glades Road Boca Raton, Florida 33434 ED , . U.. ~"e Re: Extension of Germantown Road to Waterford Development ~iMll )'r1l.lkN III /ISSaC, INC Wf.Sl PALM BEACH, FlORIDA , Dear Mr. McMurrian: e . During the City'S review and approval of the Linton Office Center Project located at the southeast quadrant of the interchange of I-95 and Linton Boulevard, it was determined to be beneficial ta the City transportation system to provide local access between Linton Office Center and the waterford Development site. To accomplish this, the City required the extension of Germantown Road as a public street connecting to the hotel site. This approach was selected by the City as an alternative to the connection of Lindell Boulevard to Germantown Road because the latter would have a negative effect on traffic flow in the area. Thus, this letter confirms that the City determined it appropriate and necessary to extend Germantown Road as a public street through the Linton Office Center project connecting to the hotel parcel of the Waterford Development. We undetstand that you will be requesting an amendment to the appropriate exhibits to the Waterford Development Order for the waterford DRI to reflect this change. If you have further questions, please feel free to contact this office. c:erelY, , , \ 1 ~ I' ,,\~ "l)(...L Dav1d~Kovacs, ireetor Department of Planning and Zoning DJK/tp c: Gerry Church, City Engineer Project File 8-6 I .. , I I I I I I I II II II II II Ii II II II II II I ~';'>- /i>J '~* ::t'l .t ,~\ ; , ~; iii . ." .!, ~ "~ '1' '~' "-to ..' ~wt.141': ~ ~~ ~~.~~---- W". ~'f', . ',', ' ::' '. \ . -' ''''.' , 1'-' .' \ ~.".J '_ L',' -' .. _"0 ... _'.,1 .L" STATE OF FLORIDA DEPARTMENT OF COMMUNITY 2740 Centerview Drive ~.;"'-'l-~*.H:~H.\<i-~illl-f~-<: I It C ~i,-iA.$3-. TAL L A HASSE E. F L 0 It IDA 32399 ......\:;'V C.!"U:-': ...__ I _ .~ _e~"-"" ~- l L: ........,~... ~l..~.i;4 - t.""..;-..... A F F A lil S .. , ?" 808 MAITINEZ "- THOMAS C. PELHAM SoaN", December 14, 1987 Kendrick Tucker, Esquire Huey, Guilday, Kuersteiner & Tucker Post Office Box 1794 Tallahassee, Florida 32302 RE: ADA-I085-040; Waterford DRI (formerly known as Delint Center , r . Dear Ken: On several previous occasions, we discussed the possibility of amending the Delint Development Order for the Waterford ORI to substitute a conceptual master plan for the detailed master plan which is currently a part of that development order. The specificity of the existing development plan has caused and will continue to cause your client to request a substantial deviation determination each time a change, no matter how minor, is necessary in the plan. In addition, the necessity to process each change through the substantial deviation determination procedures places an additional burden on state, regional and local authorities. On November 4, 1987, you submitted a proposed conceptual master development plan for the Department's review. Based on the proposed plans submitted and contingent upon the acceptability of proposed language changing the development order, the Department has no objections to the amendment of this development order to substitute the conceptual development plans. fMDCENCY MANACEMENT . HOUSING AND CDMMlINITY DfVW)PMENT . IlfSOUlCE PlANNlNC AND MANAGEMENT 8-4 . . ~ , i Kendrick Tucker, Esquire December 14, 1987 Page Two I have enjoyed our conversations and look forward to working with you further. If you have any questions, please feel free to contact Marina Gonzalez Pennington, Planner II, at 488- 4925 or myself. Sincerely, r fla-.) Diana M. Parker Senior Attorney DMP/ln , cc: Ms. Chris Beditz Mr. Robert S. Cohn r 8-5 .~ . , Septeaber 26, 1988 Qlure coad regional Plannlnng counc ~W~ o J cJh<i - Ql..c @1fh u::r~ 10M 1Ir. David Kovacs ~or, Depart:JDent of Planning , Zoning C1~7 of Delray Beach 100 R.W. 1st Avenue De1ray Beach, ,FL 33444 hbject: WabrtOrdPlaca . Degelopaent of Reqional IlIpact,- Review of Proposed Change Dear Mr. Kovacs: , In accordance with the requirements of Section 380.06(19), Florida Statutes, we bave reviewed the proposed chanqe to the Waterford Place Development of Regional Impact (DRI) subaitted to Council by Thomas McMurrain and dated August 31, 1988. -. r . The proposed change replaces the specific site and development plans with a conceptual _ster development plan which is 'still SUfficiently detailed to identify reqional issues in order to avoid the need for processinq local-issue changes through the -notification of proposed change- procedure. There is also a cbange in access for the botel parcel. The proposed change does not meet or exceed any of the criteria in Sections 380.06(19) (a), (b), or (c), Florida Statutes. 'Based upon these substantial deviation quidelines and staff's review of the impacts of the proposed change, the change will not require additional review by this agency, and Council will not participate in the local public hearing for the proposed change. If you have any questions, please call. RECEIVED SEP 3 0 ,. PLANNING DMC/LCB:lq cc: Jim Minix James stansbury Thomas McMurrain IZII LW. IIMIItIn dowM ..... .... - . p... .... tilt -0lIy.-- ,....-. - -..-.... -- joIloo- -.. OW( -~-_. .-.......-...- . "-. . .. , C I T Y COM MIS S ION DOC U MEN TAT ION TO: WALTER O. BARRY, CITY MANAGER ~~U00J FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER 13, 1988 AGENDA ITEM CONSIDERATION OF THE SITE PLAN FOR THE PROPOSED FLORIDA POWER AND LIGHT FACILITY , ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that approving a site and development plan. of - , The project is a regional office for FP&L. It is to be located on the north portion of Tract N in the Delray Park of Commerce, BACKGROUND: Attached is the Planning and Zoning Board's Staff Report which provides a complete analysis of this request. The first site plan submitted for this project was rejected by the Planning and Zoning Board, and the architecture of the structure was rejected by the Community Appearance Board. Suggestions made by both bodies were considered by F.P,& L., and revised plans were submitted. The revised presentation moved through both Boards with little comment. The City Commission had previouSly considered this proposal when an amendment was made to the Master Plan of the Delray Park of Commerce. That amendment changed the designation on this site from commercial to low rise office. Planning and Zoning Board Recommendation: At its meeting of November 21, 1988, the Board recommended approval of the proposed modification. Community Appearance Board: The Board has approved the landscaping and the building elevations. . ". . . 4-2- , To: Walter o. Barry, City Manager Re: Consideration of the Site Plan for the Proposed Florida Power and Light Facility Page 2 RECOMMENDED ACTION: By motion, approve of the site plan pursuant to the findings and recommendation of the Planning and Zoning Board. Attachment: P&Z Staff Report of November 21, 1988 , REFDJK*31/CCFP&L/TEXT - , . . ~ , PLANNING B CITY OF OELRAY ZONING BOARD BEACH STAFF REPORT --- MEET ING o:ITE: NOVEMBER 21, 1988 AGeo::t ITEM: IV. H CONSIDERATION OF SITE AND DEVELOPMENT PLAN APPROVAL FOR FLORIDA POWER AND LIGHT IT~: OFFICE LOCATED ON TRACT N OF THE DELRAY PARK OF COMMERCE , ," GENERAL-DATA: OWner...........................Land ..~rce. I~a.efttl Floria _r ADd L19bt Aqent...........................Theodore L. Raux, A.I.A. IlOW< Architecture toc.tlon........................Ea.t ald. of CODgre.. Avenue. North of Lake Ia __ at Ilelray Park of eonnerce (Tract Nl Property 51&....................3.035 Acr.. (132,205 Sq. ft.) Clty Land u.. Pl&n..............PCC (Planned ccn.erce cent.r) Clty ZOnlnq.....................PCC (PlaDned co..erce center) Mjac.nt ZOll1nq................ .North, SOUth and But of the .ubject property 1. _ PCC. Weat 1& &0ne4 _4 (Planned Reddentlal Ilevel_t D1&trictl. Exl.tln9 Land U.e...............V.c.nt Land Propo.ed Land U.................Florla _r.nd Ll9bt Caapeny Dl.trlct Offlc. 1ui141nq Water servle....................Exl.tlng I" water ma1n located on the e..t .1d. of P.rk of CONmerce Blvd. (N.W. 17th Ave. I Sewer 5ervlc....................Exl.tln9 I" ..nltary sewer loc.ted alon9 Perk of C_rce Blvd. (N.W. 17th Ave.) ITEM: n. II . . , , MEMORANDUM STAFF REPORT TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH II j~ FROM: JASMIN TAYLOR, PLANNING TECHNICIAN SUBJECT: AGENDA ITEM REGULAR MEETING OF NOVEMBER 21, 1988 SITE AND DEVELOPMENT PLAN, FP&L, TRACT N, DELRAY PARK OF COMMERCE CONTINUED ITEM , ITEM BEFORE THE BOARD . The action before the Board is that of making a recommendation to I the City commission regarding a site and development plan for the 'I proposed FP&L building within Tract N, of the Delray Park of [i . Commerce development. STATUS OF THE PROJECT Planning and Zoning Board recommended approval to change the land use designation from Commercial to Pure Office on June 20, 1988. City commission accepted the Planning and Zoning Board recommendation on July 12, 1988. Planning September continued and 24, due to Zoning Board reviewed 1988, and recommended items of disagreement. the that site the plan on item be Items of Disaqreement * The traffic conflict and restricted circulation created by the convergence of the one-way traffic flow exiting the drive-in teller area with the two-way drive serving the adjacent parking bays. * eliminate the vast expanse of pavement on the of the building by centrally locating the . ... ~ - . . . , To: Plann: 1 and Zoning Board Re: Site & Development Plan, FP&L, TrQ~t N Delray Park of Commerce continued Item Page 2 CURRENT PROJECT DESCRIPTION While retaining the initial development proposal for a 23,000 sq.ft. two-story office building with an attendant two-lane drive-in facility, the site layout has been significantly modified incorporating the following: - relocation of the drive-in teller area from the west side of the building. The teller facility is now proposed at the north end of the building. - centrally locating the building. The building is now proposed to be located almost equi-distance from opposing perimeter/property lines. - elimination of the dead-end parking bay, by providing continuous on-site circulation. , Access to the site is provided by two driveways street system (Park of Commerce Boulevard). No the public street system is provided. from the intern~ direct access tp - ' f. . PROJECT ANALYSIS A full project analysis was provided in the documentation for the Board meeting of September 24, 1988. Please refer to that document for items not addressed in this analysis and for more background on items which are addressed. This analysis addresses only items which have been modified due to site redesign in the resubmission of November 3, 1988, and the subsequent revisions, STANDARD C (Ingress and Egress) This item was one of the main issues which triggered the mandate for redesign. As you may recall, the original site plan provided three curb cuts along the internal street (Park of Commerce Boulevard) with the central curb cut providing direct access to the teller lanes (bypassing a service area). A problem was identified with the circulation function of the site as the one- way traffic flow exiting the teller area, merged into a two-way drive which served the adjacent parking bays. . ~ , To: Planni~ry and Zoning Board Re: Site & ~velopment Plan, FP&L, Tr. _ N Delray Park of Commerce Continued Item Page 3 During the review process and at the September Board meeting various options were communicated to the proponent, namely, relocate the drive-in facility to the east side of the building and provide a two-way traffic flow on the west side of the building. orient the building lengthwise, parallel with Congress Avenue, thus putting the drive-in facility on the south side of the site. The proponent has respon ed by orienting the building lengthWise, parallel with Congress venue, but. with the drive-in teller facility at the north nd of the building. Direct access is still provided to the te ler area as vehicles are not compelled to go thru a parking ar a in order to enter the teller lanes. Adequate stacking distan es are maintained. A stacking distance of approximately 100 fe t is provided which will accommodate , total of ten (10) cars, (five cars per lane) before stacking intp the adjacent driveway oc urs. Continuous on-site circulation ha~ now been achieved where all parking spaces abut a twenty-~. (24) foot two-way drive. i I Also, with redesign, a ctb cut along the internal street, (Park of Commerce Boulevard) w s eliminated. Traffic flow from the site to adjacent roadways re ain unchanged with Park of Commerce Boulevard being the only eans of direct access to Lake Ida Road and Congress Avenue. . , I STANDARD D (Parking and Lfadinq) , , , The layout of the parki~g lot has also been redesigned to reflect the comments made by the Planning and Zoning Board at its September meeting. The oard's dissatisfaction regarding the parking arrangement prev'ously proposed centered on the fact that eighty-three perce t (83%) of the parking spaces, (127 cars) were located at the~northern area of the site, creating an uneven balance and a "se of paving". In order to achieve a more even distribution, t e Board recommended that the building be centered within the site.~ The revised plans provided indicates a centrally located buildin with the north and south building face being approximately 160 f et from the opposing property lines. Thus maintaining more orl less an equi-distance relationship from building face to propertyl lines. , , . . .. , To: Planning nd Zoning Board Re: Site & Development Plan, FP&L, Tract N Delray Park of Commerce Continued Item Page 4 With no changes to the total floor area, pursuant to Code, 81 parking spaces are required. The site plan shows a total of 160 parking spaces, which represents an increase of eight (8) spaces, than previously proposed. An additional handicap parking space is required in order to meet Code, which requires that a minimum of two handicap spaces be provided. The reorientation of the building now places the service court area on the west side of the building (formerly located on the north side of the building), i.e. facing the Congress Avenue right-of-way. This area is enclosed with an eight (8) foot high screen wall and incorporates a ice storage enclosure, generator facility, loading/ unloading area and a trash dumpster. Screening of this court is of the utmost significance and is discussed in detail under Standard E - Screens and Buffers section of this report. , Pursuant to Code Section 173.659 (2)(f) truck storage is required to be in the side or rear yards. It is imperative to note that. this service facility with loading berths is performing anI attendant function to the office use, and is not considered a'l truck storage area. Thus, its location within the front yardr. does not present a code violation. Pursuant to Code Section 173.791. two loading berths are required. The dimensioned floor plan indicates that two loading berths are accommodated within the service court area. STANDARD E (Screens and Buffers) Another critical issue which was identified by the Planning and Zoning Board was the location of the drive-in tellers on the west side of the building facade which gave the appearance of a take-out or pick-up window, discouraged, under the Community Appearance Review criteria. With the redesign of the site and the location of the service court now facing Congress Avenue, a revised screening treatment has been proposed by the proponent. One of the main element of screening this area is the provision of an eight (8) foot high screen wall encircling the service court. Visibility of the interior of the courtyard can only be accomplished via the 24 foot driveway leading into the facility. Along with the screen wall, the proponent proposes to utilize the following landscape treatment to soften the effect of the courtyard area: . . , To: Re: Plannir~ and Zoning Board Site & avelopment Plan, FP&L, Tr, Delray Park of Commerce continued Item Page 5 N High story vegetation such as the Areca Palms and Yellow Trumpet trees are proposed immediately abutting the service court. Also within the interior sides of the service court (i.e. excluding the area facing Congress Avenue), berming, with Bush Alamanda and White African Iris provide foundation landscape treatment. The planting treatment of the thirty foot landscape buffer strip directly west of the service court will be planted with ground level plant material such as the Pink Oleander, Mounding Pitch Plant and Jasmine. Within this portion of the landscape strip no trees are proposed. Although the site has been redesigned, the thirty required landscape strip along Congress Avenue maintained, with changes being limited to, the type materials within the strip. Along the southern perimeter, a twenty- five (25) foot green are~ is shown. This represents a reduction of two (2) feet from t~ plan previously reviewed by the Board. In addition, changes ~p the landscaping materials made, were the replacement of ~Ke. Split Leaf Philodendron by the Mound1ng Pitch Plant and White African Iris. The proposed berm is being maintained and will be extended along the east perimeter, abutting the Park of Commerce Boulevard right-of-way. The landscape strip along Park of Commerce Boulevard has been increased from five (5) feet to fifteen (15) feet and thus is able to accommodate the three (3) foot high berm. With the provision of the berm, the Yellow Trumpet trees, the existing street trees, and ground cover vegetation (the Mounding Pitch Plant and the Bush Alamanda) adequate screening is provided. (30) foot has been of planting , Along the northern perimeter, the thirteen (13) foot landscape strip ~s maintained. The prior conflict with trees located within the car overhang area has been resolved with the exception of two trees, were conflict is still noted. With this development, certain changes are proposed to the Master Landscape Plan. These are: the elimination (from the plan} not the site)as these trees were not planted) of the Golde~ Chain tree f~om the Congress Avenue Buffer area and three Royal Palms located east of the Congress Avenue buffer area. . '-, . , To: Planni' and Zoning Board Re: Site & ~evelopment Plan, FP&L, Tr~_~ N Delray Park of Commerce continued Item Page 6 reconfiguration of the the site (to allow a relocation of Cabbage landscape feature. berm in the southeastern corner parking area) and the removal Palm trees associated with of and this elimination of two (2) Pigeon Plum trees along Park of Commerce Boulevard (to allow drive way connections) elimination of the berm associated with the entrance wall feature. Approval of a site plan modification to the Master Landscape Plan to incorporate the changes to the perimeter landscape treatment is required, , STANDARD F (Drainaqe) No major changes to the drainage structure is noted, however, minor relocation of on-site drainage features were necessarv with the redesign of the site. The basic requirement that a sit~ accommodates it drainage has been accommodated thrOUqn" facilities which gather the drainage on-site and convey it to the master drainage system already in place. STANDARD G (Sanitary Sewer) No change is noted with the sanitary sewer connection. Connection will be via a six (6) inch service line to the eight (8) inch sewer main located within Park of Commerce Boulevard. STANDARD H (Water). With the revision to the site an additional fire hydrant was required west of the building,) to be located within the thirty (30) foot la~d~cape, drainage and utility easement in order to meet the m1n1mum 300 foot spacing between hydrants. The installation of this hydrant required extension of a six inch water main. The proponent was made aware that this extension could have been accommodated by either extending the inch main located right-of-way. or extending the six inch main from the existing 8 inch main located within the Park of Commerce Boulevard right-of-way. six inch main from the existing 8 within the Congress Avenue . -., .. , To: Plannin~ and zoning Board Re: site & ~ velopment Plan, FP&L, Tra~ N Delray Park of Commerce continued Item page 7 Due to the current stage of construction of Congress Avenue, connection to the water main within this right-of-way to facilitate the additional hydrant would have necessitated immediate installation. This option was therefore not feasible due to time constraints, thus the proponent has revised the water plans to incorporate the additional hydrant with water main connections being made to the existing main within the Park of Commerce Boulevard right-of-way. Normally, the extension of the six inch main (to serve the f ire hydrant) would require looping the water main system. However, with the potential to connect to the water main within Congress Avenue, creating a looped system, only redesign of the six inch water main to allow future connections need to be made. STANDARD I (Open Space Requirement) As stated in the staff report of September 24, 1988, pursuant to Code Section 173.659 (2)(c) a minimum open space area of 25% of. the total park acreage is required. If the exiting perimeter I buffer and lake areas do not equate to 12.41 acres, (25% of the'l 49.65 acre park) additional buffer areas will be required fromf, the undeveloped tracts. A determination of the open space requirement should be made at this time in order to verify that no additional buffer area will be required from this tract. , TECHNICAL REVIEW The applicant has addressed most of the staff initial comments in the revised site plan submi ttal, however, the following outstanding comments need to be addressed. 1. Relocate the two trees located within the northern perimeter buffer which still conflict with the car overhang area. 2. Revise the site plan to show the following: an additional handicap space adjacent to the building stop signs and stop bars at the north and south approaches to the drives leading onto Park of Commerce Boulevard. COMMUNITY APPEARANCE BOARD On september 14, 1988, the Community Appearance Board initially reviewed the project. At this meeting the Board recommended that the item be continued in order to allow the proponent an opportunity to provide more creative solutions to the building facade. Revised plans addressing the outstanding comments were presented to the Board on November 9, 1988, and subsequently approved. . . ~ , To: Planni' and Zoning Board Re: site & ~evelopment Plan, FP&L, Tra~t N Delray Park of Commerce Continued Item Page 8 ASSESSMENT: The development standards required under the PCC regulations (Allocation of Use and the Standards Unique to the PCC district) remain unchanged thus all previous conditions of approval triggered by these standards remain in effect. ALTERNATIVE ACTION: I. Continue, with direction and concurrence of the applicant. 2, Recommend approval of the site plan subject to the fOllowing conditions: , That the Master Landscape impacting modification, to the master landscape plan (Screens and Buffers) Plan be revised as a accommodate the changes identified under Standard non tp e: 'I - f" and to That final paving and drainage plans be submitted approved by the City Engineering Department prior the issuance of any building permits. That calculations on the open entire park be provided in order with Code Section 173.659(2)(c) space element of the to verify compliance Revise the water and sewer plans to provide valving at the fire hydrant to allow for the future extension of the six inch main westward, to connect to the existing main within Congress Avenue. That the site and landscape plans for this project be revised to address the comments noted under the Technical Review section of this report. That this approval be valid, pursuant to Code Section 173.868, for eighteen months. 3. Recommend denial of the site plan with reasons stated. . . .. , To: Planni' and Zoning Board Re: Site & uevelopment Plan, FP&L, Tra~c N Delray Park of Commerce Continued Item Page 9 RECOMMENDATION: Recommend approval of the site plan subject to the conditions listed in Alternative Action *2. Attachments: Revised Site Plan (reduced) JT/25/ FPL2 , I .1 [I ~ . << ~ :I ~ ~ z ~ ~ . ':l ... ~ z j~ . ~i5 15 ~. .. ...~ U:/ Ir ..... ~ 0> ~~ ~.:J ,;: ::i::> ~ ;,2 (~. ( I I \ :i - .0-.., oj .. ::> v I:! 1I!~ ~L ~:: .ro.~tt t , / .o.,['Q "~ .o-.n,. '..o...~.o-.6.~t.O..;;.ol r-." .0-... Q:)Ws l I I "I , .. " ~ ;.. o' . '" > " . ~ ~~ . .-/ , ~ IIlJ ~; .. :1 c: /6 .o.or ii I =. I .~ 0 co 'I u .... 0 : i/ l!l:: ,a: c( a.. . , o J << lU; 1'11\. o.t\.1\.1\..l. 12/2/88 { }if ~ ~/ dlo GREATER DELRAY BEACH CHAMBER OF COMMERCE November 29, 1988 64 SOUTHEAST FIFTH AVENUE - TELEPHONE 278-0424 DELRAY BEACH, FLORIDA 33444 Mayor and City Commissioners 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mayor and Commissioners: The Delray Affair is scheduled for March 31st, April 1st and 2nd, 1989. Over the years this gala event has become the largest activity of its kind in south county. A great deal of the success of the Delray Affair is attributed to the excellent assistance provided by the City and we again seek that co-opera- tion through approval of the following items: 1. Endorsement by the City Commission 2. Use of Worthing and Veteran's Parks and certain parking lots for entertainment and displays. 3. Use of Old School Square for evening entertainment. 4. Blocking off parking from Swinton to the Intracoastal Water- way during the event. 5. Closing Atlantic Avenue to traffic from Swinton to East 5th Avenue. 6. Placement of trash barrels with periodic emptying. 7. An individual on duty at the rest rooms at Veteran's Park. 8. Assistance in traffic and crowd control. 9. General clean up following the close of the event. Your favorable consideration of these requests is greatly appreciated and we hope you will join in the festivities. Cordially, ?1.:~ a.t..-....e/-vtvll,1J- Ken Ellings'orth Executive Vice President [] ACCREDITED ___000"",.,000. tt3 -1/.., ,>',) ',') [ITY DF DELAAY BEA[H . ':",/:".'-,": .;-...:,.::-: . J :, 7."~ ~.- MEMORANDUM TO: Walter O. Barry, City Manager FROM: Robert A. Barcinski, Assistant City Manager/~ Community Services Departments DATE: December 7, 1988 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - DECEMBER 13,1988 - BID REJECTION - JUNK/ ABANDONED VEHICLE TOWING CONTRACT Item Before City Commission: Ci ty Commission John I sTowing, vehicles and to is requested to reject a bid received from for removal and towing of junk/abandoned authorize staff to rebid this contract. Back9round: Bids were mailed to twelve (12) area towing contractors, on October II, 1988. When bids were opened on November 3, 1988, only one bid was received for $35.00 per tow. Staff feels this price is too high and requests that bid be rejected. After contacting towing companies, staff thinks we can get additional bids at a reduced cost. Current towing needs are being met on an as needed basis from Accel Towing for $20.00 per tow. Recommendation: Staff recommends rejection of bid from John I s Towing and that this contract be rebid. RAB:sk attachment T< ErrCP" Ac','iM'~ M:<TTERS 4L{ M E M 0 RAN DVM TO: Robert A. Barcinski, Assistant City Manager/ Management Services FROM: Ted Glas, Purchasing Director DATE: November 22, 1988 SUBJECT: Bids on TOwing Junk/Abandoned Vehicles for Code Enforcement Division Invitations to Bid were mailed to twelve (12) area tOwing contractors on October 11, 1988. A legal advertisement was placed in the Palm Beach Post on October 14, 1988. One (1) contractor submitted a bid for the November 3, 1988 bid opening. A Tabulation of Bids is attached for your review. Since only one bid was received, Purchasing conducted a short market survey in an attempt to determine why only one bid was received and if the bid price was fair and reasonable, Area towing contractors were contacted and it was learned that the bid price of $35,00 per tow is 50% to 75% over competitive market price. Also it was learned that if this service was rebid, other contractors would now bid. Following staff analysis and review, it is recommended that the single bid from John's Towing of Riviera Beach, for towing junk and abandoned vehicles for the Code Enforcement Division, be rejected for being too high and for not being a fair and reasonable price. It is further recommended that Purchasing be instructed to re-bid for this service. W~ Ted Glas Purchasing Director Attachments: Tabulation of Bids Memo from Code Enforcement pc Lula Butler Rich Bauer . .. DEPARTMENTAL CORRESPONDENCE TO Ted Glas, Purchasing Director ~/\ Enforcement Administrator \' v ) EITY DF DELRRY HEREM ~(i FROM Richard Bauer, Code SUBJECT TOWING BIDS 11/22/88 DATE As you and I discussed. the recent bid Enforcement was $35 which I believe is charged $20 as did Accel Towing. received for towing for Code too high. In the past, Paul's Towing It is my opinion that the towing should be rebid in order that the City can obtain additional competitive bids (only one was received for the last bid cycle) which might be more compatible with market conditions. RB:mh "T" _ r- _ _ . _ _ " "" . ~ , MEMORANDUM TO: Robert A. Barcinski Assistant City Manager FROM: Joe Weldon Director of Parks & Recreation SUBJECT: F.I.N.D. AGREEMENT DATE: December 7, 1988 Attached please find the executed agreement for the marina pier renovation from the Florida Inland Navigational District. Please note that their attorney would not agree to the changes suggested by our City Attorneys office and, at that time acceptable to their Executive Assistant, Mr. Roach. Specifically, the changes crossed out refer to approval of signs by City boards in US; and liability language added by an attorney in * 17. On the December 13th agenda is the awarding of the bids for the marina pier renovation. Please add this agreement in the consent agenda to have commission approve the original contract minus the language proposed by our City Attorney. Nancy Roti has already been contacted concerning adding this to the consent agenda. Parks & Recreation JW:giv cc: Susan Ruby File '1..5 COIIM_IIIS M, BRENT WADDELL CHAIRMAN ......... COUNTY JOE H. EARMAN VICE CHAIRMAN ...tItAN JWUIl COUNTY MYRON H. BURNSTEIN TREABURER MOW.IJIIDCOUNTY TONY WALSH BECRETARY _COUNTY WILUAM 0, DERR DWAlCOUNT'f' DOUGLAS C, CRANE IT. JOHN' COUNTY BRYNN NEWTON 'lAGLER COUNTY I.E. HADDEN, JR. IMY'AI'lDCOUNTY JIM G, RUSSAKIS IT. LUCIE COUNTY WALTER A. MAYTON PAUl lEACH COUNTY STANLEY I. GOODMAN ..... COUNTY STAFF ART WILDE IXECUTlVE DlI'lICTOfll DAVID K. ROACH ...CUTly......T"'" NANCY BEERS ADMtNtlTJU.T1YlAUllTAHT FLORIDA INLAND NAVIGATION DISTRICT December 2, 1988 Joe Weldon, Director Parks and Recreation Department City of Delray Beach 50 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Weldon: Re: FIND Grant No. PB-DR-88-3 Enclosed is your copy of the referenced project. the agreement which were deleted. the fully executed agreement for Please note that the additions to inserted by your attorney have been After we received the agreements from you with this additional language, we had our counsel review them. He advised us that it was not in the best interests of the District to agree to the suggested change to paragraph 17 concerning liability. The FIND Chairman then elected to delete the additional language in paragraph 17 as well as the suggested change to paragraph 15. The agreement, as written, does not prevent the review of any sign proposed pursuant to paragraph 15 by the "appropriate City Boards". The FIND is fully committed to the development of a sign which will meet the approval of all affected parties. As FIND enjoys the same legal immunities as the City of Delray Beach under Section 768.28 F.S., paragraph 17 as written cannot serve to waive any such legal immunity enjoyed by the City in a legal action. Furthermore, the language of paragraph 17 must always be considered and interpreted within the frame- work of the existing laws of the State of Florida. It is very doubtful that FIND, participating only as a financial sponsor, would ever be sued pursuant to a legal action arising from this project. However, FIND's participation in this project should not expose this District to additional legal liabilities resulting from an act of the City while performing this project. Therefore it is essential that paragraph 17 remain as written. ADMINIBTRAnVE OFFICE ON THE INTRACOASTAL WATEFlWAY IN PALM BEACH COUNTY 131. MARCINSKI ROAD. JUPITER. FLORIDA 3:M77 TELEPHONE .0'/-4127_ . -- . ~ , Mr. Joe Weldon December 2, 1988 Page 2. Please review this matter with your legal counsel. I hope that the City can proceed with the agreement as it is written. It is unfortunate that this situation did not turn out as smoothly as we had previously anticipated. Should you have any questions, please feel free to contact me. 1J1J:st12{ David K. Roach Executive Assistant DKR:ngb enc. . ~, ~" - ~ - - ,..--.- i! , , 091686-9 Doc. II-DID Rev. 9-88 FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. PB-DR-88-3 This PROJECT AGREEMENT made and entered into this I~~ day of _b-,"'1"~.......J..'e.r, 1988, by and between the Florida Inland Navigation Dis- trict, hereinafter "FIND','), and THE CITY OF DELRAY BEACH, FL, hereinafter called the PROJECT SPONSOR. In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Subject to the provisions of this Agreement, FIND has determined to provide grant funds to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT?) consisting of Delray Beach Marina Improvements, Phase I. Said project is more specifically described in the PROJECT SPONSOR's Grant Application which is on file at FIND headquarters. 2. The PROJECT SPONSOR shall not commence work on the PROJECT prior to th~ execution of this Agreement unless otherwise authorized and ahall complete the PROJECT on or before September 1, 1989, unless the PROJECT period has been extended with the prior written approval of FIND. The PROJECT SPONSOR acknowledges there are no provisions to carryover FIND Grant Funds under this Agreement beyond September 30, 1989. 3. FIND shall contribute no more than fifty per cent (50~) of the PROJECT' SPONSOR's out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT'.'). Payment of funds by FIND to the PROJECT SPONSOR (the "GRANT AMOUNT',') will be on a reimbursement basis only for those authorized costs as shown in Exhibit A and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $ 75,000.00 4. The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the GRANT AMOUNT) available for completion of the PROJECT and will provide FIND with suitable evidence of the availability of such funds, including but not limited to, providing FIND with access to applicable books and records, financial statements, and bank statements. 5. To be eligible for reimbursement under the Project Agreement, costs must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto ("PROJECT COSTS'!). PRO- JECT COSTS must be incurred and work- performed within the Project Period, -1- with the exception of pre-agreement costs, if any, specifically identified in Paragraph 6 below, which are also eligible for reimbursement by FIND. 6. FIND and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by FIND for any obligation or expenditure made prior to the execution of this Project Agreement with the exception of $ 00.00 for: 7. PROJECT COSTS shall be reported to FIND and summarized on the Payment Request Form attached as Exhibit B. Supporting documentation including bills and cancelled payment vouchers for expenditures shall be provided to the FIND by the PROJECT SPONSOR with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by FIND or by an auditor selected by FIND. Audit expenses shall be borne by the PROJECT SPONSOR. 8. Project funds may be released in quarterly installments, at the discretion of FIND, upon submittal of a payment request by the PROJECT SPONSOR. FIND shall retain ten per cent 00%) of each installment payment until the completion of the PROJECT. The PROJECT SPONSOR, upon completion of the PRO- JECT, shall make available to FIND a Final Audit of expenses incurred on the PROJECT prior to or in conjunction with the request for the final payment of the PROJECT AHOUNT. The Payment amounts previously retained by FIND shall be paid upon (1) receipt of the Final Audit report by FIND and (2) full comple- tion of the PROJECT to the reasonable satisfaction of FIND. FIND shall have the right to withhold any payment hereunder, either in whole or part, for noncompliance with the terms of this Agreement. 9. The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three 0) year" after the fiscal year in which the Final Payment is released by FIND, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or specisl audit that starts prior to the expiration of the three-year retention period. 10. FIND shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for non-compliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from FIND, the: PROJECT SPONSOR shall reimburse such funds directly to FIND. 11. David K. Roach, Executive Assistant, or his successor, is hereby designated as FIND's Project Mana~er for the purpose of this Project Agreement -2- -' . - and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. shall be submitted to FIND upon execution of the Project Agreement, to act The PROJECT SPONSOR shall appoint a Liaison Agent whose name and title Agreemen t . on behalf of the PROJECT SPONSOR relative to the provisions of the Project work accomplished, problems encountered, percentage of completion and other project status reports quarterly during the PROJECT term summarizing the 12. The PROJECT SPONSOR's Liaison Agent shall submit to FIND signed appropriate information. Photographs shall be submitted when appropriate to reflect the work accomplished. 13. The PROJECT SPONSOR agrees that all PROJECT facilities shall be constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. be readily accessible, on a non-exclusive basis, to the general public without 14. The PROJECT SPONSOR agrees that when completed, the PROJECT shall regard to age, sex, race, phys:cal handicap or other condition, and to the adequate parking shall be made a'Jailable by the PHOJECT SPONSOR to .accommodate political subdivision in which the User may reside. When such is required, vehicles for the number of persons for which the PROJECT is being developed. 15. The PROJECT SPONSOR shall erect a permanent sign, approved by FIND, in a prominent location at the completed project which indicates that FIND was a joint participant and contributor to the development of the PROJECT. This sign shall contain the FIND logo (exhibit C) unless otherwise stipulated by FIND. In the event that the SPONSOR erects a temporary construction sign, it shall also indicates' articipation. riat. EHt, 8s11nls. ~6. When and whe plic.ble, the PROJECT SPONSOR agrees to Sakl-sign nI1.1st alo8 feeei.e. apl!fsual 8f maintain, and manage the PROJECT for the 11 fe of the PROJECT and wi 11 pay operate, all expenses required for such purposes. The PROJECT shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and undue deterioration and to encourage public use. The PROJECT SPONSOR warrants improvements shall be kept reasonably safe and in reasonable repair to prevent and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. /:1"- 1utent l-''',..ul..l~d by haw, 17. the PROJECT SPONSOR agrees to hold FIND, its Commissioners, em- ployees, agents, and its successors and assigns free and harmless from and -- -3- fees, losses, damage liabilities, awards, and jUdgments, that may arise from against any and all domands, ClalnlS causes of t tt' '. , ac ions, expenses, a orney s or relate to t.his Agre,'ment., :,~~~;,;~ In:"~ .h,,!J.~~ de.~n.ea a '1Iai.sF af C""IlFi'igll Immw pUri:UaRt te PlouaQ SlgL""l....o f:k....LvH il68.z8. ~ 18. FIND reserves the right to~ saId PROJECT and any and all records related thereto at any time, to the benefit of and be binding upon the parties hereto and their respective 19. The rights and duties arising under this Agreement shall inure successors and assigns. The PROJECT SPONSOR may not assign this Agreement nor anf interest hereunder without the express written consent of FIND. 20. Waiver of a breach of any prOVision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 21. Any notice required to be given pursuant to the terms and provisions by certified mail, return receipt requested, to FIND or PROJECT SPONSOR at of this Agreement shall be in Writing, postage prepaid, and shall be sent the addresses below. The notice shall be effective on the date indicated on the return receipt. To FIND at: 1314 Marcinski Road JUpiter, Florida 33477 To PROJECT SPONSOR AT: City of Delray B~ach 50 N.W. 1st Avenue Delray Beach, FL 33444 shall be controlled and construed according to the laws of the State of 22. The validity, interpretation and performance of this Agreement Florida. 23. It is the intent of FIND to issue this Grant to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership Or management of this facility to a party or parties FIND retains the right to reimbursement from the PROJECT SPONSOR for its not now a part of this' document, other than another governmental entity, facility. participation to the full extent of the Grants awarded to accomplish this the entire Agreement and understanding of the parties and supersedes all 24, This Agreement, including any exhibits made a part hereof, embOdies prior oral and written communications between them. The terms hereof may be modified only by a writing signed by both parties hereto. -4. -' 25, In the CVC~:.: t ':a t :;'Il~.i Or l'i":OJECT SPONSOR institutes ~j c : or suit to cnL')rct p; \, " J ;; '.0:: S ~ili.S .'\i:::ccmcnt I t 1:0 p:' C IJ(J : : ; ::1..: in .uch li.tigatio:~ S~'lc' .'ti.~ ~ec ::c rC<:lson,~~)lc costs ,;!lC 2~ tc:-- " :'...:C: at the trial and 2~;::el~,:::~ .. '-- : 5 . IN WI':'NESS . " . .. '" ~'. .. ., ::~;\ c:. \, :.LC'.i ) ~ :-- C: ~ \ ,\c ca l: 5 c;; :: :1(;.s c' be Executec] the d~ ,,;. [!:- '.'; :"0.: : i c! IHTNESSES, ::;.O~\Tn.:.. r:,').I\\'f) NAVIG/,TIO:: :)1S';" J)..QS:::/l/Z ~~~~ /' <..-J 1 .' t\N /.y~/~~--, '~'. T~ ,.1;\ ~ r.. ; "'lrrE s r: ~7~~-- By' a LJ' ij ~r,? /", "72- c..~7"' ~ /?J A)r~ ~ .J D;,TE Y1r.N~ L ~./ / ~.' /~"-1___ - 5- RESOLUTION NO. 79-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. , i ': ! i i WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the Ci ty of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 4i Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. " Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. of PASSED AND ADOPTED in regular session on this the , 19_ day MAY 0 R ATTEST: City Clerk - 2 - Res. No. 79-88 NOl'ICE OF ASSESSMENl' ~. I or~J9i.r TO: James T. Martin and Manuel Ramos ADDRESS: PO Box 6642, West Palm Beach. Fl 33405 p~: 253 5E 5th Avenue, Delray Beach, Fl 33444 LEGAL ~ON: 520' of Lot II, Lot 12 and N9' of Lot 13 less W5' rd. r/w, Blk. 111, lO~ or lJe.lray You, as the record owner of, or holder of an interest in, property are hereby advised that a cost of $1 04 ~ 00 the City COUncil of the City of Delray Beach, Florida, dated 19_, has l:Ieen levied against the above-described property. the above-described by resolution of , I '!be costs were incurred as a result of a nuisance abatement action regard.ing' ,the above-described property. You 10IIere given written notice on 10-2/l-RR that the I:W.lding official has deteDni.ned that a I:W.lding located em the aixlve- described property was unsafe. You 10IIere advised in that notice of the action to be taken to reu...Jy that unsafe condition and of the time within which the rEmi!dial action was required to be taken. x You failed to appeal the decision of the I:W.lding official to the Board of Construction Appeals although you were infoIlled of your right to an appeal and of the procem1reS for obtaining an:>"',"l. You have also failed to take the corrective action required by the notice of the I:W.lding official. You ~..led the decision of the I:W.lding official to the Board of Construction J\ft""al s. You 10IIere given written ootification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the oroer of the Board of Constructiem Appeals. '!be City of Delray Beach has therefore taken rEmi!dial action to rEIlDve the unsafe oonditial existin;J em the alxJve-described property on 11-7-88 at a cost of $1.045.00 which includes a ten percent (10') administrative fee. If you fail to pay this cost within thirty 130) days, that cost shall be recorded on the Official Records of Palm Beach Q:Junty, Florida against the above-described property. Copy of all notices referred to in this notice are ava i 1 an 1 e in the office of the bn; 1 ding official. BY ORDER OF 'DiE CI'lY OXN:IL. ~~". ~L~~ c::{~ -.~ City erIt RESOLUTION NO, 80-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed wi thin thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained wi thin Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Y-1/ Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount (s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. . Section 2. That such assessments shal1 be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. Tha t in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. of PASSED AND ADOPTED in regular session on this the ,19_ day MAYOR ATTEST: City Clerk - 2 - Res. No. 80-88 OOl'ICE OF ASSESsMENr /J~. /.~ /9.F1' Date TO: Dolores A. Libby, Trustee ADDRESS: 8 Hazel Street. Cransford, NJ 07016 p~: 911 North Federal Highway, Delray Beach, Fl 33444 LEGAL ~ON: Lots 8 and 9 (less rd r/w). Block 2, Sophia Frey Addition You, as the record owner of, or holder of an interest in, the above-described property are hereby advised that a cost of $275.00 by resolution of the City COUncil of the City of De1ray Beach, Florida, dated 19_, has I:lel!ln levied aqainst the above-described property. # ~ costs were incurred as a result of a mlisance abatement actia1 regard1nrJ' the above-described property. You were given written notice <Xl 11_1n_1l1l that the Cuildin.J official has deteJ:mined that a Cuildinq located <Xl the abcMt- described property was unsafe. You were advised in that notice of the action to be taken to reIIady that unsafe coodition and of the time within ~ the remedial acti.a1 was required to be taken. , , x You failed to appeal the decision of the "',;1ding official to the Board of Construction Afr'ea1s although you were infOJ:Dlld of your right to an appeal and of the p1:OC'll-"mta for obtaining "'A'""'l. You have also failed to take the ~..._Live actia1 required by the notice of the "',;ldin.J official. You ~led the decision of the Cuildin.J official to the Board of Const.ruct.ia1 ~ls. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction ;.pp-ls within a stated period of time. You failed to take the action as required by the order of the Board of Ccnstructicn lIA?"'-l s. '!be City of Delray Beach has therefore taken remedial action to r&IDV8 the unsafe coodition existinq <Xl the atx:lve-<lescribed property <Xl 11-8-88 at a C08t of $275.00 ~ includes a ten percent nO') administrative fee. If you fail to pay this cost within ~ 1]0) days, that cost shall be recorded <Xl the Official Recotds of Palm ..... :tL Oulty, Florida aqainst the a1:Iave-described property. Copy of all notices referred to in this notice are lI\TA; bble in the office of the hn;1nil'XJ official. BY ORDER CE' 'mE CITY CXUCIL. C/je<' ~~~'"'~~ RESOLUTION NO. 81-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. , WHEREAS, the City manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within seven (7) days from the date of said notice, failing in which the City of Delray Beach would proceed 'to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within seven (7) days subsequent to the rendering of a decision adverse to the property owner(s) (thirty-five (35) days for 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), c.f-g NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. , Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date. of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice' of lien, in the form prescribed in Section 100.27 of the Code of Ordinances, shall be mailed to the property owner. of PASSED AND ADOPTED in regular session on this the , 1988. day MAYOR ATTEST: City Clerk - 2 - Res. No. 81-88 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION S30' OF N90' OF E135' OF BLOCK 10, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (N.W. 6TH AVENUE) S150' OF E50' OF BLOCK 18 (LESS 20' R/W) , TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (N.W. 2ND ST. & N.W. 5TH AVE) LOT 22, BLOCK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY,FL (SW 7TH AVE. & SW 3RD ST) LOT 23, BLOCK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY,FL (SW 7TH AVE. & SW 3RD ST) LOT 24, BLOCK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY,FL (SW 7TH AVE. & SW 3RD ST) LOT 25, BLOCK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY,FL (SW 7TH AVE. & SW 3RD ST) LOT 26, BLOCK 15, TOWN OF DELRAY, PB 13, P 18, PUBLIC RECORDS, PALM BEACH COUNTY,FL (SW 7TH AVE. & SW 3RD ST) S25.7' OF W 1/2 OF LOT 7 & W 1/2 OF LOT 8, BLOCK 59, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (15 N.W. 1ST STREET) LOT 16, BLOCK 35, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (N.W. 3RD AVENUE) LOT 1, BLOCK 23, TOWN OF DELRAY, PB 5, P 2, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 5TH AVENUE) LOT 4, BLOCK 23, TOWN OF DELRAY, PB 10, P 69, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 5TH AVENUE) LOT 11, BLOCK 22, TOWN OF DELRAY, PB 10, P 38, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 5TH AVENUE) OWNER REBECCA HAYES ESTATE % EDWARD DEMPS 663 5TH STREET S.W. VERO BEACH, FL 32962 H. & HAZEL CLEM (HUSBAND & WIFE) 3 SUMMER STREET NORWALK, CT 06851 ALVAN E. McFORD 17831 N.W. 47TH AVENUE CAROL CITY, FL 33055 ALVAN E. McFORD 17831 N.W. 47TH AVENUE CAROL CITY, FL 33055 ALVAN E. McFORD 17831 N.W. 47TH AVENUE CAROL CITY, FL 33055 ALVAN E. McFORD 17831 N.W. 47TH AVENUE CAROL CITY, FL 33055 ALVAN E. McFORD 17831 N.W. 47TH AVENUE CAROL CITY, FL 33055 JOHN '& JOANNE S. LEHMAN HUSBAND AND WIFE 7647 LAWRENCE ROAD LANTANA, FL 33462-5704 GRACE BARNETT 1401 39TH STREET W. PALM BEACH, FL 33407 JAMES PATMAN & JOHN PATMAN 82 N.W. 5TH AVENUE tIS DELRAY BEACH, FL 33444-2676 ELEANOR S. WILSON, EST. % DONNA HANEY MARK PERRY, ATTORNEY 50 S.E. 4TH AVENUE DELRAY BEACH, FL 33483 RUTHIE D. RUSSELL 132 S.W. 13TH AVENUE DELRAY BEACH, FL 33444 -3- ASSESSMENT $ 30.00 50,00 (ADM. COST) (RECORDING) $ 45.00 50.00 (ADM. COST) (RECORDING) $ 7.00 . 10.00 (ADM. COST) (RECORDING) $ 7.00 10.00 (ADM. COST) (RECORDING) $ 7.00 10.00 (ADM. COST) (RECORDING) $ 7.00 10.00 (ADM. COST: (RECORDING: $ 7.00 10.00 (ADM. COST (RECORDING $ 65.00 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 $ 30.00 50.00 (ADM. COS! (RECORDING Res. No. 81-88 E100' OF W200' OF N50' OF BLOCK 18, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (N.W. 3RD STREET) LOT 3, BLOCK 25, TOWN OF DELRAY, PB 5, P 2, PUBLIC RECORDS, PALM BEACH COUNTY,FL (N.W. 5TH AVENUE) N50' OF S356.4' OF E135' OF BLOCK 24, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 5TH AVENUE) LOT 32, BLOCK 32, TOWN OF DELRAY, PB 6, P 97, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 5TH AVENUE) LOT 33, BLOCK 32, TOWN OF DELRAY, PB 6, P 97, PUBLIC RECORDS, PALM BEACH COUNTY,FL (S.W. 5TH AVENUE) LOT 22, BLOCK 32, TOWN OF DELRAY, PB 6, P 97, PUBLIC RECORDS, PALM BEACH COUNTY,FL (326 S.W. 4TH AVENUE) LOT 25 (LESS W35'), RESUB. OF BLK. 17, DELRAY BEACH, BLOCK 17, PB 21, P 90, PUBLIC RECORDS, PALM BEACH COUNTY,FL (346 N.W. 5TH AVENUE) S17' OF LOT 13, LOT 14 & N12' OF LOT IS/LESS W5' RD R/W, BLOCK 111, TOWN OF DELRAY, PB 13, P 46, PUBLIC RECORDS, PALM BEACH COUNTY, FL (261 S.E. 5TH AVENUE) S20' OF LOT 11, LOT 12 & N9' OF LOT 13/LESS W5' RD R/W, BLOCK 111, TOWN OF DELRAY, PB 13, P 46, PUBLIC RECORDS, PALM BEACH COUNTY, FL (253 S.E. 5TH AVENUE) LOT 11, RESUB. OF S 1/2 OF BLOCK 38 & N 1/2 OF BLOCK 39, PB 11, P 34, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 4TH AVENUE) LOT 24, BLOCK 17, RESUB. OF BLOCK 17, DELRAY BEACH, PB 21, P 90, PUBLIC RECORDS, PALM BEACH COUNTY, FL (342-344 N.W. 5TH AVENUE) S25' OF N135' OF W35' OF E135' OF BLOCK 21, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (S.W. 5TH AVENUE) L. & VASSEINA WILLIAMS EST. (HUSBAND & WIFE) % GIBSON 17 HOLLENCAMP AVENUE DAYTON, OH 45427 LUCILLE H. KING 10304 MILES AVE.,#422 CLEVELAND, OH 44105 AD ELENE JENKINS 245 S.W. 12TH AVENUE DELRAY BEACH, FL 33444 ROGER JOHNSON 2213 HOOD STREET HOLLYWOOD, FL 33020 ROGER JOHNSON 2213 HOOD STREET HOLLYWOOD, FL 33020 J . W. & MARGARET YOUNG (HUSBAND & WIFE) 317 S.W. 5TH AVENUE DELRAY BEACH, FL 33444 HUBERT NELSON 346 N.W. 5TH AVENUE DELRAY BEACH, FL 33444 JAMES T. MARTIN & MANUEL RAMOS P.O. BOX 6642 W.PALM BEACH, FL 33405 JAMES T. MARTIN & MANUEL RAMOS 253 S.E. 5TH AVENUE DELRAY BEACH, FL 33444 SUTTON'S CHAPEL CHURCH OF GOD IN CHRIST, INC. 320 S.W. 4TH AVENUE DELRAY BEACH, FL 33444 GLORIA H. SKINNER 806 N.W. 4TH STREET BOYNTON BEACH, FL 33435 GREAT SOUTHERN P.O. BOX 15262 W. PALM BEACH, FL 33416 $ 25.00 50.00 (ADM. COST) (RECORDING) $ 35.00 50.00 (ADM. COST) (RECORDING) $ 35.00 50.00 (ADM. COST) ( RECORDING) $ 15.00 25.00 (ADM. COS~) (RECORDING) $ 15.00 25.00 (ADM. COST) (RECORDING) $ 25.00 50.00 (ADM. COST) ( RECORD ING ) $102.00 50.00 (ADM. COST) (RECORDING) $ 25.00 50.00 (ADM. COST) (RECORDING) $105.00 50.00 (ADM. COST) (RECORDING) $ 30.00 50.00 (ADM. COST) (RECORDING) $ 65.00 50.00 (ADM. COST) (RECORDING) $ 60.00 50.00 (ADM. COST) (RECORDING) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -4- Res. No. 81-88 ~, _ 1 - ") ') [ITY DF DELRAY BEA[H '00 r\j ";~I 'c' A'.':::".:""E l.f'--~c-i';',' ~cJ.\l.." .-_~'~ 0':" 33444 MEMORANDUM TO: Walter O. Barry, City Manager FROM: Robert A. Barcinski, Assistant City Manager/~ Community Services Departments _ DATE: December 7, 1988 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - DECEMBER 13, 1988 - BID AWARD - FAX MACHINE POLICE DEPARTMENT Item Before City Commission, City Commission is requested to award a bid for a Canon FAX L920 available through GSA Contract No. GSOOK89AGS0425, including one year maintenance, in the amount of $6,990 for the Polic,e Department, and to appropriate funds from the Law Enforcement Trust Fund unappropriated balance. Back9round: City Information Resource Management Staff has reviewed over fifty (50) different FAX machines. Additionally, staff developed and received information back from departments through a needs assessment questionnaire. As a result of the needs assessment and review of equipment, the recommen- dation for the Police Department FAX is the Canon FAX L920. This more advanced machine is recommended because it allows them to send and receive clearer graphics needed for finger- prints and criminal I.D. photos. This machine also prints on plain paper which can be kept as a permanent record. This machine is utilized by the F.B.I., County Sheriff and many other Police Departments. Copies of staff recommenda- tions and GSA contract information is attached. Recommendation! Staff recommends purchase of a Canon FAX L920 on GSA Con- tract No. GSOOK89AGS0425, including one (l) year mainte- nance, in the amount of $6,990; appropriation of funds from the Law Enforcement Trust Fund unappropriated fund balance. RAB:sk attachment THE Ef'cDI=,r Al,:.~" ,MATTERS ..so A M E M 0 RAN DUM TO; Robert A. Barcinski, Assistant Cit) Manager! Managemen~ ServIces FROM: Ted Glas, Purchasing Director DATE: December 2, 1988 SUBJECT: Purchase of Facsimile MachIne For Police Dept. The Police Department has submitted a requisition for one (1) facsimile machine, to be purchased using monies from unappropriated fund balance of the Law Enforcement Trust Fund. The Information Resource Management Department has evaluated the City's facsimile machine needs, and determined the proper machine for Police Department requirements. The recommended machine, a Canon FAX-L920, is available with GSA Contract No. GSOOK89AGS0425. Per the Budget Office, funding for this purchase is available in unappropriated fund balance of Law Enforcement Trust Fund. Following staff analysis and review, it is recommended that a Canon FAX-L920 facsimile machine be purchased from the area Cannon dealer, Delta Business Systems of Boca Raton, at a cost of $6,350. via GSA Contract; and that monies be appropriated from Law Enforcement Trust Fund - unappropriated fund balance. ~uI~ Ted Glas Attachment: GSA Pricing Schedule Memo from IRM pc Yvonne Kincaide Chief Kilgore ( -, . " , 1 . , - ~.-.- ~. - ... ".- .- -lit( 11-'l'(-eJ' MEMORANDUM To: Robert A. Sarcinaki. A..t., City Manager Management Servicea Group From: William C. Fleming, OA Analyst r~~ Richard Zuccaro, ~ Director of Infor~tion Resource Management Thru: Date: November 15, 1988 Subject: Facsimile Machine ..rmI Facaimile Machines for Police Department, Fire Department and City Hall. BACKGROmm My assessment is based on the departments response to a week long demonstration, a needs aase.sment questionnaire, reviewing specificstion of some fifty to seventy machines, and availability under the state contrsct. (All responses to queationnaire and a copy of the atate contract are attached) The fOllowing departments responded positively to the Facsimile need Asseasment Questionnaire (they have a current need): Engineering Fire Deparcment Police Deparcmenc Finance Information Resource Personnel Risk Management Purchasing Public Ucilicies Managemenc Many of che Cicy's deparCmencs are currencly using Che Facsimile machine locaced aC che Cicy ACCorney's office. This is a very inconvenient process as ic requires sending an employee to the Cicy AtCorneys office every cime it is necessary Co cransmic or receive a document. The following deparcmencs ucilize chis facsimile machine on a regular basis: Purchasing Fire Departmenc Finance Informacion Resource Management Personnel Public Utilicies Police Department ~ ! , -, --. ~-"_. .... ... - ~- .- i, I I ~ l ; So..e dep..rc..enc. li.ced confidenci.licy ... ..n i..porc..nc fe..cure of .. f..c.i..ile ....chine (requiring me..ory ..nd Che ..bilicy Co h..ve confidenci..l mailboxe.). The deparc..ents Ch..c indic"Ced .. strong need for Chi. feature are: Ri.k M..n..ge..enc Finance Police Dep..rc..ent Fire Department: Another advantage of a Facsimile that ic allows documents to be hours. when rates are lower. Machine with b"Cched ..nd this feature is tranmitted after The C..non F..csi..ile M"chine i. u.ed ..nd recO....ended by ....ny loc..l Governmenc Agencie.. i.e., the Councy Sheriff, Clerk. Office, FAU and ..11 other St..te Univer.itie.. Brow..rd County Public Defender. Office, Metro D..de Police Dep..rcment, The Cicy of Mi....i ..nd the FBI (FAX-L920). RECOMMENDATION MY ..n..lysi. of F..c.i..ile M..chine. ..nd ....e....ent of che City'. need. ... outlined ..bove (B..ckground), indic..te. the need for three F..c.i..ile M"chine. to ..dequ..tely provide the City wich this type of .ervice. Two ..odel F..x-730'., one for che Fire Dep..rt..ent ..nd one for City H..ll ..nd .. ~del F"x-L920 for the Police Dep..rtment. I recO....end che ..ore ..dv..nced F..c.i..ile M..chine(F..x-L920) for the Police Dep..rtment ... it ..llow. the.. to .end ..nd receive cle..rer gr..phic. needed for Finger Print. ..nd Cri..in..l I.D. photo.. Thi. ....chine ..1.0 print. on pl..in paper which c..n be kept ... .. per....nent record, unlike cher....l p..per u.ed by che ..are convention..l type.. Another fe..ture of the C..non F..x-L920 i. th.t it ...y be u.ed ... . L...er printer ..nd .. .. High Qu..l i ty Copier (but I would reco....end the.e U.e. be kepc ..ini....l). The C.non F..c.i..ile M"chine., ..re ..v..il..ble on St..te Contr..ct or GSA contr..ct ..nd offer the flexibility ..nd fe..ture. nece....ry to fulfill the City'. current .nd long ter.. needs. COSTS Fire Dep..rc..ent C..non F"x-730 $ 2763.00 St.te Contr..ct Price Include.: Delivery, In.t..ll..tion. Tr..ining. ..nd 90 D.y W..rr..nty. Maintenance $ 360.00 per year . ~, . , I I ~ I . , - ~_..._. -- ... - -- - City Hall Canon Fax-730 $ 2763.00 State Contract Price Includes: Delivery, Installation, Training, and 90 Day Warranty. Maintenance $ 360.00 per year Police Department Canon Fax-L920 $ 5,597.00 GSA Pricing Installation $ 171. 00 Cabinet $ 158.00 RS232 Cable Interface $ 140.00 Letter Paper Bin $ 49.00 Legal Paper Bin $ 53.00 Toner Cartridge (2) $ 182.00 ---------- TOTAL $ 6,350.00 *** Maintenance $ 640.00 per year *** To be funded by the Law Enforcement Fund All price quotes are subject to change. c -, . ~ ~, .- ~ - - ,,- .-. 't-, ;'.) '" [ITY DF DELRAY BEA[H ~oo~':,' ;,,;.,..E'JUi:: Vt:L:='<,;')' BE;'I~,... ;"LCP,ID':;' :.;34.l-1 -l;JI 24]. 7;JG'~' MEMORANDUM TO: Walter O. Barry, City Manager FROM: Robert A. Barcinski, Assistant City Manager/~ Community Services Departments DATE: December 7, 1988 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - DECEMBER 13, L988 - BID AWARD - FUEL TANK LEVEL SENSOR SYSTEM It~m Before City Commission: Commission is requested to award a bid for a Fuel Tank Level Sensor System to the low bidder, Pieco Miami, Inc., in the amount of $12,634.90. Funding for this project is available in account tSOI-3311-591-60.89 (Central Garage). Backtjlround, In accordance with EPA regulations, the City is required to install a fuel tank level sensor system for our underground fuel tanks located at the Public Works facility. The system' is an underground sensoring system which will monitor any leaks in the tank. A total of $11,500 was budgeted in the 1988-89 budget. The balance of funds needed for the sensor, will come from the same account code. Attached are recom- mendations for the Purchasing Director and the Director of Fleet and Facility Management, with a bid summary. Recomm~ndation: Staff recommends award of bid for Fuel Tank Level Sensor System to the low bidder, Pieco Miami, Inc., in the amount of $12,634.90, funding to come from account t501-3311-591- 60.89, (Central Garage - Capital Equipment). RAB:sk attachments THe EFFORT ALWAYS MATTERS .soB M E M 0 RAN DUM TO: Robert A. Barcinski, Assistant City Manager/ Management Services FROM: Ted G1as, Purchasing Administrator DATE: December 6, 1988 SUBJECT: Bids on Fuel Tank Level Sensor System, Bid '89-09 Invitations to Bid November 8, 1988. Palm Beach Post on were mailed to six (6) area vendors on A legal advertisement was placed in the November 11. 1988. Three (3) vendors submitted bids for the December 2, 1988 bid opening. A Tabulation of Bids is attached for your review. Following staff analysis and review, it is recommended that the contract for furnishing and installing a fuel tank level sensor system at Public Works Complex be awarded to the low bidder Pieco Miami. Inc., at a cost of $12,634.90. Per the Budget Office, funding for this purchase is available in account '501-3311-591-60,89 (Central Garage- Capital Equipment- Other). ~~ Ted Glas Attachments: Tabulation of Bids Memo from Fleet & Facility Mgt. pc Yvonne Kincaide Bob Savage . _. ~ ~-.- - ..... ..-. ~ M E M 0 RAN DUM TO: Kendra Wynn Graham Bid Specialist FROM: oPl Robert E. Savage ~Director of Fleet and Facility Management DATE: December 5. 1''7'88 SUBJECT: l;<_tP__NQ-,-__!!~9::_i2lL FU~I.,_ TANJ< LJ:;Y_E:I.,_J,,!;NQQILi?YST!;J'1 I have reviewed the tabulation of bids and recommend the contract be awarded to the low bidder: PIECO MIAMI INC.. I have spoken to a representative from their company~ Mr. Steven Maresca and he assures me that they can begin work on the project as soon as they receive formal confirmation of award. RES/res cc: Robert A. Barcinski Yvonne Kincaide . -.. ~ . I ; ~ ~ tof n S 0 IS ~ 21 ~ "" '" .... n .... i t"l '" ~ "" III > ~ i n "" .... i 0 '" '" '" .. It't:l \,II "Ol i~ " ~ "Ol .... .... ~ .... c> III "" ~I 8- i . Dl .... .... ... n ~ .. ... t:l .... . ~i -= .... 0 .... 0 III n , ... ~~ 0 " G a .... .... N l;' . I '" . 8- N ~ ~ ~ \,II Dl 0 , ... I \0 0 , ! .... t:! ;l .... ~~ 0 .... Ii '" ~ "" " I . N ~ .. .... \,II .... III 0 0 8- I . 8 Dl g ... , . ! ~ III , "'1I'l ~~ ~ ~~ tof S '" ~~ . ;! n , "Ol e ~ ~ ~ ~ '" ~ '" o '" '" "'i '" ~ "" > III C III t"', S > l!i "" . .... ... 0 CIO \0 21 , 0 .., 0 ..., tof .... t:l '" t:l ~ t:l t"l n ~ III N .... .., '" CIO AGEIIDA REOUE:1.I Date: December 6. 1988 Request for: Workshop Date Regular Date x Consent Date As Decided by Administratic Special Date Description of item: Award of Bids on Furnishing & Installing a Fuel Tank Level Sensor System at Public Works Complex (Attach detail description if necessary) Recommendation: Award to low hiddPTr ~iD~n Mi~m~~ T"~ Ayy.~~ Cost not to Exceed $1',~,& qn Funds Available in: #501-3311-591-60.89 Signature of requesting Department Head:~~ ~~~~~Ie\; tc Director: Preparation of Ordinance Resolution ~ L _. ..- ~ ._. ~ ..... ...--- ~ . I I ~ I . ; " i :';:'" I? ..,l)~1Y: [ITY DF DElRAY BEA[H ~;)O'" '," . A\JE'JL..E :.J'.~~"':"1 Bi:.,..\. -- _~ _,.:'<<':'.4':' j.; ,-:;-1'; MEMORANDUM TO: Walter O. Barry, City Manager FROM: Robert A. Barcinski, Assistant City Manager/?AA Community Services Departments '-~ DATE: December 7, 1988 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - DECEMBER 13, 1988 - BID AWARD - FINGER PIER REPLACEMENT - CITY MARINA Item Before City Commission: Ci ty Commission is requested to award a bid to the low bidder, B.K. Marine Construction, Inc., for $105,000. Funding for this project is available in account t426-4311- 539-60.99. Back9round, Bids for this project were received on November 8th from three (3) contractors. The scope of work includes the removal and replacement of ten (10) finger piers with concrete pilings, wood decking, and 2x6 wood fenders. Work includes new dolphin piles and ladders. The permanent fender system will be rebid under a separate contract award for approximately $5,000 to $10, 000. Construction will be completed from a barge in the intracoastal. Marine Way will be open to traffic during construction. Construction time is sixty (60) days. The engineering estimate for this project was $147,500. A total of $150,000 was budgeted for this project. The project is 50% funded from a F.I.N.D. grant award. A copy of the bid summary sheet and staff recommendations are attached. Recommendation, Staff recommends award of a bid to Marine Construction, Inc., for finger Mar ina, in the amount of $105, 000. account t426-4311-539-60.99. the low bidder, pier replacement, Funding to come B.K. City from RAB:sk attachments T,"= E==ORT ALV'JAYS MATTERS ~oC M t M 0 RAN DUM TO: Robert A. Barcinskl, Assistant Clty Manager/ Management Services FROM: Ted Glas, Purchasing Director DATE: December 2, 1988 SUBJECT: Bids on Finger Pier Replacement, Bid #89-06 Invitations to Bid were mailed to nine (9) area contractors on October 19, 1988. A legal advertisement was placed in the Palm Beach Post on October 24, 1988. Three (3) contractors submitted bids for the November 8, 1988 bid opening. A tabulation of Bids is attached for your review. Engineering's estimate for this project is $147,200. The low bid submitted by B.K. Marine Construction, Inc. at $105,000 is 29% under Engineering's estimate. Following staff analysis and review, it is recommended that the contract be awarded to the low bidder, B.K. Marine Construction, Inc. at a cost of $105,000. Per the Budget Office, funding for this project is available from account #426-4311-539-60.99 (Marina Fund- City Marina- Capital Outlay- Marina Pier Construction). 1fd~ Ted Glas Purchasing Director Attachments: Tabulation of Bids Memo from City Engineer Memo from Director of Parks & Recreation pc Yvonne Kincaide Gerry Church Joe Weldon . -.. . ~ , \-~' r I '- i~: : '. .. .._ L_' . 1.,.";' -' '__' M E M 0 RAN DUM TO: Joe Weldon, Director Parks and Recreation ~0L9Gerald B. Church, P.E., City Engineer v FROM: SUBECT: Marina Finger Pier Replacement DATE: November 18, 1988 We have reviewed the bid results and recommend that the contract be awarded to B.K. Marine Construction, Inc. We also recommend that the Basic Bid be contracted for $105,000, deleting the fend-off fender system. The fender system may be added after completion of this project, either as a separate contract or installed by City forces. Should you wish fend-off as a separate contract, Engineering will supply you with technical information so you can put to- gether bid specification. GBC:slg . . .. , . <0 .. " .I> B " ~ -- - - ~ 0 !-< (I) 0 f&l . 0 (I) 0 N fli . ,... ; ... - .... ... ~ ~' 0 0 0 0 . , 0 0 0 0 0 ~ III . " N ~ '" '" - ;: ... ~ E ) 0 0 0 0 0 . , N ,... .... .., tjl '" ... '" III . ~ ~ N <0 '" '" (I) - ;: 2: ... 0 u IE .... 0 0 ~~. 0 0 . , 0 0 ~i 0 0 III 0 .., ~ . '" ~ 0 100II(1) - ;: 2: ... ,.;8 01 ... 2f ij ij .... co I 0 ... 0 e 'Il a I III ... U ~ 'Il III " " 1 " ~ III .... 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III N oil ... ... =' " < III Dil .. f&l ...... .:I !< liil(l) !-< .... III ~ :1 2: f&l 0 ~ u .- - 1 <0 <0 '" - '" !-< < co '" => .... := :.. o z :;) .... ... < -l ~ := < ;.. ~ ~ .,:- [ITY DF DELAAY BEA[H iCO 'J ':; i,' AVENUE DELRAY BE':"CM. ;',_ui=lIDA 33444 305 243 7000 MEMORANDUM To: Walter O. Barry, City Manager Robert A. Barcinski, Assistant City Manager/~ Community Services Departments From: Date: December 9, 1988 Subject: DOCUMENTATION - CITY COMMISSION MEETING - DECEMBER 13, 1988 - ADDENDUM III - WATERS, TREGO & DAVIS, INC. - CONTRACT City Commission is requested to approve Addendum III to Waters, Trego Davis, Inc., contract for additional serv- ices. This service is for the redesign of the existing Performance Appraisal System, to include policies proced- ures and a manual, Cost for this addendum is $3,000. Fund- ing will come from various Departmental training budgets on a priority basis. Staff recommends approval. A copy of the addendum is attached. RAB:sk attachment THE EFFORT ALWAYS MATTERS . _. . .. ~t) D ~THE WATERS Il!ll CONSULTING GROlm INC. Iv(n~ ~ i\t,LEIVED NOV 1 4 1988 CITY MAN"urR'S OFFICf /:.J" \'~1 ..).' November II, 1988 - -\ i' .......,..... Mr. Walter O. Barry City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444-2698 """I' ....'M " .. Dear Mr. Barry: As we discussed this past week while I was in Delray Beach, enclosed is Addendum III which covers the addition of the Performance Appraisal phase to the original project. Please sign both copies and return one copy to us. Also, please send us signed copies of Addendums I and II. Thank you for the opportunity to be of service to the City of Delray Beach. If you have any questions regarding any phase of the project, please call. Sincerely, ~ tR'd~_____ Rollie O. Waters President Encl. THE WATERS CONSULTING GROUP. INc.. PRODUCTIVE MANAGEMENT CONCEPTS 3500 Maple at Tunle Creek Suite 1510. LB 6 Dallas. Texas 75219-3910 214/528-3960 . --. ~ ADDENDUM III This Addendum to Purchase Order No. 016386, dated 8/24/88, between Waters, Trego & Davis, Inc. and the City of Delray Beach, Florida, is entered into this 10th day of November, 1988. Services outlined in this addendum are in addition to the original services outlined in the above mentioned Purchase Order. I. Scone of Services Waters, Trego & Davis, Inc. will design la Performance Appraisal System with applicable performance appraisal manuals for job families within the City of Delray Beach along with guidelines for the implementation and administration of the system. II. Professional Fees I // ./ $6,000. Professional fees for this additional phase of the project will be Expenses will be billed at cost. ~ .J . -? ,c' ...... ;. ) ~ , .~\,:$-- Executed this 10th day of November, 1988. ~ r0/L . Waters, Trego & Davis, Inc. -----=::. Rollie O. Waters President City of Delray Beach, FL Walter O. Barry City Manager . _. - . - .... .... ~ ~-. . ~ ADDENDUM III This Addendum to Purchase Order No. 016386, dated 8/24/88, between Waters, Trego & Davis, Inc. and the City of Delray Beach, Florida, is entered into this 10th day of November, 1988. Services outlined in this addendum are in addition to the original services outlined in the above mentioned Purchase Order. I. Scone of Services Waters, Trego & Davis, Inc. will design a Performance Appraisal System with applicable performance appraisal manuals for job families within the City of Delray Beach along with guidelines for the implementation and administration of the system. II. Professional Fees Professional fees for this additional phase of the project will be $6,000. Expenses will be billed at cost. Executed this 10th day of November, 1988. ~#d-l- aters, Trego & Davis, Inc. Rollie O. Waters Presiden t City of Delray Beach, FL Walter O. Barry City Manager . --. ~ MEMORANDUM FROM: WALTER O. BARRY - CITY MANAGER LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~ TO: SUBJECT: RENTAL REHABILITATION PROGRAM DEFERRED LOAN CONTRACT AWARD DATE: DECEMBER 7, 1988 We are requesting approval of a rental rehabilitation contract in the amount of $14,000 for an eligible property under our rental rehab program. The rental rehab program description allows for the property owners to select a contractor and to negotiate a firm price based on our detailed work write-up and in-house estimates. The bid and negotiation process was completed in accordance with the CDBG program description which are governed by HUD regulations. Funds are available in the fiscal year 1987/88 rental rehabilitation budget. LB:DQ Attachments Lula2 A:CCAgenda.Dec ..soC DEPAR.~ .v1ENTAL CORRESPONDENCE [ITY DF DELRAY BEA[H ~~ /j l\ ~ '..' walter O. Barry, City Manager TO FROM Coordinator Dorothy Ellington, Community Development THRU: Lula Butler, Director Community Improvement Rental Rehabilitation Program / Contract Award 10/28/88 suBJECT ...J_'~ In accordance with the City of Delray Beach Community Development Division's approved Statement of policies and Procedures, we are hereby requesting City Commission approval of one Rental Rehabilitation Deferred Loan. The program provides for the rehabilitation of investor owned substandard units, located within the CDBG Target Area. Contract awards are based on actual cost of the rehabilitation to an eligible structure. Owners are eligible for a dollar for dollar match of Rental Rehabilitation Funds for total cost, not to exceed $8,000 per unit. Community Development staff provided the detailed work write-ups, cost estimates for work specifications, and bid process on all eligible structures. Investors are required to escrow their share of the cost with the City prior to the issuance of the Notice to Proceed. Inspection of work will be done by the City I S Community Improvement Department and the Community Development Division. Contracts will be executed between the building contractor and the property owner. The City remains the agent and this office will monitor all work performed by the contractor and will ensure compliance according to specification and program guidelines. Pay request will require both contractor's and owner's signatures. Funds will be disbursed on a dollar for dollar basis matching the owners share with the Rental Rehabilitation Funds. The owners and properties have met the eligibility requirements as specified in the Rental Rehabilitation Program description. Detailed work write-ups and individual files are available for review at the Community Development Office. RRl4 eM 362 THE EFFORT ALWAYS MATTERS . ~ , DEP ART'AENT AL CORRESPONDENCE Rental Rehabilitation Submission / Noce [ITY DF DELRAY BEA[H ~.\ ~ Director Lula Butler, Community Improvement TO FROM Housing Bill Ayers, Rehabilitation Inspector lO!28/88 SUBJECT I This file is being submitted without bid summary sheets due to the fact that the owner exercised his option of selecting and negotiating with a single contractor of his choice. This procedure is allowed under our Rental Rehabilitation Policy and Procedures Section IV. In accordance with Section IV and in line with our established policy any bid falling within lO% of our in house estimate shall be considered acceptable for contract. The owner selected B & JR Construction Company which is a qualified company on our Community Development bidders list. The submitted bid on the property located at l03 Southeast 4th Avenue fell within our lO% guidelines. Bid is as follows: 103 S.E. 4th Ave. Contractor Bid $14,000 In House $ 12,750.00 Admin23 eM 362 THE EFFORT ALWAYS MATTERS . . , RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING: CASE# PROPERTY RR DEFERRED ADDRESS LOAN OWNER'S MATCH TOTAL CONTRACT AWARD 88-005RR l03 SE 4TH AVENUE 7,000 (DUPLEX) 7,000 l4,000 RRl4 . -'. . ~ Certification of Contract Amount Property Owner: VICTOR NOCERA Property Address: 103 SE 4TH AVENUE It is hereby agreed that all work described in Specifications dated 11/23/87 and Addendum dated 9/2/88 will be performed for the sum of FOURTEEN THOUSAND dollars $ 14,000.00 Cont ~ Owner Inspector Renta16 . - - _. - .. -' . ~