28-97 ORDINANCE NO. 28-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 8.4, "PUBLIC
IMPROVEMENTS AND SPECIAL ASSESSMENTS", SECTION 8.4.1,
"AUTHORITY TO MAKE SPECIAL ASSESSMENTS; EXCEPTIONS"
OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA TO
PROVIDE FOR THE CONSTRUCTION OF WALLS TO PROVIDE A
BARRIER FROM PUBLIC RIGHTS-OF-WAY AS A PROJECT FOR
WHICH THE CITY MAY LEVY AND COLLECT A SPECIAL
ASSESSMENT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach has the authority through its Home Rule Powers to
construct public projects which benefit the citizens of the City of Delray Beach; and
WHEREAS, the City Commission for the City of Delray Beach has the authority to impose
special assessments on the lands which benefit from a public project by levying and collecting a special
assessment; and
WHEREAS, the City Commission for the City of Delray Beach desires to include as a potential
special assessment project the construction of walls which run parallel to public rights-of-way; and
WHEREAS, the City Commission of the City of Delray Beach f'mds that the construction of walls
which run parallel to public rights-of-way is the types of project which improves the aesthetics of the
City of Delray Beach and provides for the safety of the citizens of the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 8, "Special Implementation Programs," Article 8.4, "Public
Improvements and Special Assessments," Section 8.4.1., "Authority to Make Special Assessments;
Exceptions," of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach be, and the same is hereby amended to read as follows:
~;¢¢tion 8.4.1 Authority_ to Make Special Assessments: Exceptions:
(A) The City Commission is authorized and empowered, in the manner herein provided,
to cause any and all streets, highways, boulevards, avenues, lanes, alleys, and parks or any part
thereof, to be graded, paved, repaved, surfaced, or resurfaced, and to cause curbs and gutters to
be constructed therein, and to install associated street lighting and landscaping, and sanitary
sewers, storm sewers, sewers, and drains, and to construct walls as a barrier from public
roadways and alleys, and to cause seawalls to be constructed or reconstructed and to cause canals
or other waterways to be laid and constructed, and dredged and to provide for the payment of the
whole or any part of the cost thereof by levying and collecting special assessmems upon abutting,
adjoining and contiguous or other specially benefited property. The amount assessed against the
property benefited by these improvements shall not exceed the estimated benefits accruing to that
property by reason of these public improvements.
~ That should any section or provision of this ordinance, or any portion thereof, or 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 all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby, repealed.
~ That this ordinance shall become effective immediately upon its passage on the
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 1 st:
day of July ,1997.
ATTEST: ~,//~M ~
City Clerk'~ - - ~
First Reading June 17, 19 9 7
Second Reading July 1, 1997
priwalls.ord
2 ORD. NO. 28-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /O C- REGULAR MEETING OF JULY 1, 1997
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 28-97
(WALLS AS A SPECIAL ASSESSMENT PROJECT)
DATE: JUNE 27, 1997
This is second reading and a public hearing for Ordinance No.
28-97 which would permit the City to follow the special assessment
process for the construction of walls or sound barriers to provide
a barrier from public rights-of-way. The City may provide for the
special assessment process pursuant to its Home Rule powers.
Adoption of this amendment to LDR Section 8.4.1 will permit the
City to levy and collect the special assessment on properties
benefiting from the wall.
The Planning and Zoning Board considered the amendment at a public
hearing on June 16, 1997, and voted unanimously to recommend that
it be approved, subject to a minor wording change which has been
incorporated into the ordinance. At first reading on June 17th,
the Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 28-97 on second and final
reading.
ref:agmemolO
CITY OF UELRAY BEACH
CITY ATTORNEY'S OFFICE ~'"~' ~""~ ~ ~'"~' ~'' ~*~"~ ~' ~.o~, ~4~
i:A2':::IMII.E 4(~ 27S-4755
Writer's Direct Line: (561) 243-7~
DELRAY BEACH
lll.lm~a Ci~ ~MORAND~
1993
TO: City Co~ission
FROM: David N. Tolces, Assistant City Attorn~
SUBJECT: Ordinance to Allow Walls as a Special Assessment Project
Land Development Regulations Section 8.41
The City Attorney's Office drafted the attached ordinance which would permit the City
to follow the special assessment process for the construction of walls or sound barriers
which provide a barrier from public rights-of-way. The City may provide for the special
assessment process pursuant to its Home Rule Powers. Adoption of this amendment to
Section 8.4.1 permit the City to levy and collect the special assessment on properties
benefiting from the privacy wall.
The Planning & Zoning Board is considering this ordinance at its June 16, 1997
meeting. Therefore, there may be some suggested language changes. If you have any
questions, please call.
DNT:smk
Attachment
cc: Da~i4*T~ ~, Igi~, Manager
walls.dnt
MEETING OF: JUNE 16, 1997
AGENDA ITEM: V.B. AMENDMENT TO SECTION 8.4.t(A) OF THE LAND
DEVELOPMENT REGULATIONS. AUTHORITY TO MAKE SPECIAL
ASSESSMENTS
The item before the Board is that of making a recommendation on an amendment to Section
8.4.1(A) of the Land Development Regulations (LDRs), regarding the authority to make special
assessments.
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This amendment was initiated at the June 3, 1997 meeting of the City Commission. The
Commission had been approached by the Lake Ida Property Owners Association regarding the
condition of the wall that separates their neighborhood from Lake Ida Road. The road was
elevated several feet when it was recently widened, which effectively shortened the height of
the wall. The wall is in poor condition and the association is exploring options f~r its
replacement. One possibility is the use of a special assessment to fund the cost of a ne~ wall.
However, the applicable LDR section does not list walls as an item that can be funded through
special assessments. The Commission asked, staff to amend the LDR text to provide fo; this
funding mechanism, in the event that the Lake Ida neighborhood decides to petition for the
assessment.
The LDRs currently allow the use of special assessments for street improvements including
drainage facilities, street lighting and landscaping, sanitary sewers, storm sewers, sea, ails,
and canal construction and dredging. The owners of a majority of the frontage of lands Ii'able
to be assessed must first petition for the improvement to be made and the resulting taxes to be
levied. The proposed amendment would allow property owners to petition for the construction
of a wall. It offers an additional option for the funding of an improvement that can be quite
costly.
By motion, approve the proposed amendment to t. DR Section 8.4.~{A), Authority ~o
S.Decial Assessments.
Att: Proposed ordinance amending Section 8.4.1(A)
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DFd.2AY BEACH, FLORIDA, AMENDING ARTICLI/ 8.4, 'PUBLIC
IlVlPRO~ Ah'D SPECIAL ~~$", SF, CTION 8.4.1,
"AUTHORITY TO MAKE SPEC]AL ASS~MF. NTS; F.,XCF, FI~ONS"
OF TH~ LAND DEVELOP~ P,F:G~TIONS OF THE CODE OF
ORDINANCF, S OF THE CITY OF D~r-RAY BF. ACH, FLORIDA TO
PROVIDE FOR THE CONSTRUCTION OF WAII-S TO PROVIDE A
BARI~mR FROM PUBLIC RIOH.TS-OF-WAY AS A PROH~CT FOR
WHICH TH~ CITY MAY LEVY AND COLLECT A SPECIAL
ASSr; PROVIDING A SAVINO .CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFEC'rlVE DATE.
WHEREAS, the City of Delray Beach has the ~thority through its Home RUle Powers' to
¢oustma public projects which b~u¢iit the citizens of th~ City of Ddray Beach; and
WHERF. AS, tie City Commission for the City of D¢lray B~ach has the authority to im,nos~
SlX~ial ass~sments on the lands whir. h benefit from a public proj~t by levying and collecting a
assessmeuI; and
W~, the City Commission for the City of Delray B~a~h desires to Lu~lud¢ as a potential
special assessment projea the ¢ousuuction of walls which run parallel to public rights-of-way; and
~S, the City Commi-~ion of the City of Delray lkac. h fiuds that th~ construction of walls
which run parallel tu publk: riF, hts-of-way is the types of project which improv~ the a~thetics of th~
City of Delray Beach and provides for ~ safety of the ¢ifizeus of the City of Delray Beach.
NOW, THEREFORE, BE 1T ORDA1NF. I) BY TH~ CITY COMMISSION OF THE CITY
DELRAY BEACH, FLORIDA, AS FOLLOWS:
,~{~i.Oll_{.. Tim Chapter 8, 'Special Implementation Programs," Article 8.4, 'Publi~
Improvements and Special Assessments," Section 8.4.1., 'Authority to Make Special Assessments;
Exceptions," of the Land Developmen~ l~gulatious of the Code of Ordinanc~ of the City of Delray
Beach be, and the same is hereby smended to read as follows:
Section 8.4.1 Anthori~ t9 Mnke _S~ecinl Asses~n~nt~: Exee_otiom:
(A) ~e CiF Co--sion ~ ~~ ~ e~we~, ~ ~ ~r ~ ~~,
W ~se ~y ~d
· c~of, m ~ ~, pav~, repaY, s~d, or ~~,
~we~, sto~ ~w~s, ~e~,
~ provide for ~c
~ ~s~smen~ u~n abut, ~jo~ ~ ~~ or o~er ~y ~fi~ pro~.
~~ ~ a~g m ~ p~ by ~on of ~e pubic ~mvemen~.
~ ~t sh~d
~ph, sc~, or wo~
~ion s~ll no~ ~
hereby,
~o~ ~A ~ ~g.
P~SED ~ ~~D
~y of ..... ,1~7.
.CRy Cl~rk
2 ORD. NO.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/(
SUBJECT: AGENDA ITEM # ~-REGULAR MEETING OF JUNE 3, 1997
REPLACEMENT WALL ALONG LAKE IDA ROAD
DATE: MAY 29, 1997
We have received the attached request from the Lake Ida Property
Owners Association for assistance from the City to replace the
existing concrete fence along the north side of Lake Ida Road
with a suitable wall. This residential community feels it has
been negatively impacted by the Lake Ida Road widening project as
outlined in their letter.
Also provided is information from the City Horticulturist on a
precast wall system, including cost estimates, as well as cost
estimates for extending the Delray Lakes (Boris Homes) wall
eastward from their new development.
The Lake Ida Property Owners Association has formed a committee
to work on this effort. I have met with the committee and they
will also meet with Palm Beach County representatives. I believe
the county should help fund this since superelevation of the
curve on Lake Ida Road has deprived the abutting homes of their
privacy and security previously afforded by the fence.
We have discussed the possibility of forming a safe neighborhood
district to help fund this project. However, that would
distribute the cost equally to everyone in the district while the
abutting homes receive by far the greatest benefit. Therefore,
the City Attorney's office is reviewing whether this project cost
could be assessed in proportion to the benefit received under
Chapter 170, Florida Statutes.
The Lake Ida Property Owners are requesting that the City also
contribute toward this cost. If we do, there are other
communities such as Lake Forest and Chatelaine which would also
like to replace fences with more durable walls. However, one
could justify a contribution if the county refuses and because we
own the park land on the south side of the eastern portion of
this wall. Commission direction is requested.
P.O. Box 2758 Delray Beach, FL 33447
David T. Hardea
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
May 22, 1997
Subject: Impact of widening Lake Ida Road on Lake Ida residential community.
Dear Mr. Harden,
As you are aware, the recently completed widening of Lake Ida Road between Congress and Swinton
Avenues has transformed the original 2 lane roadway into a 4 lane divided highway. As property owners
in the Lake Ida area, we are concerned that this project is negatively impacting our neighborhood. We
believe the widening of Lake Ida Road has diminished the quality of life residents in the Lake Ida area
previously enjoyed and, without corrective action, will ultimately lead to declining property values. The
following paragraphs voice our specific concerns.
Increased Vehicular Noise
As a result of the Lake Ida Road widening project, the west bound traffic lanes have been moved much
closer to the adj.acent residential property lines and the resulting roadbed has been raised 2 to 3 feet above
the original grade. The increased height of the roadbed, and the close proximity of west bound traffic
lanes to the residential properties has resulted in a significant increase in vehicular noise.
Since the completion of the Lake Ida Road widening project, traffic volume has increased significantly.
The noise problem is growing increasingly worst as traffic volume continues to increase. Plans to
eventually extend the widening of Lake Ida Road to the west of Congress will result in more traffic,
exacerbating the noise problem.
Loss of Privacy and Increase in Crime
The height and proximity of the roadbed and adjacent pedestrian sidewalk to the residential property lines
has completely destroyed the privacy previously enjoyed by those residents whose properties back up to
Lake Ida Road. Backyards are now completely exposed to vehicular, as well as, pedestrian traffic. This
visual exposure, and increased ease of access from Lake Ida Road, are considered factors contributing to a
documented increase in crime since the completion of the Lake Ida Road widening project.
Safety
The widening of Lake Ida Road has exposed homeowners along Lake Ida Road to risks which were
previously considered minimal. The improved road surface and divided highway design tends to
encourage higher speeds. Vehicles frequently travel Lake Ida Road well above the posted speed limit. It
is unlikely that the existing concrete fence would withstand the force of a vehicular impact. Prior to the
widening of Lake Ida Road, the risk of such an impact was consider'ed minimal; this was because there
was a much greater "buffer" zone between the west bound traffic lane and the residential property lines.
With the widening of Lake Ida Road, this "buffer" zone has been eliminated. The curvature of Lake Ida
Road, and the close proximity of the raised roadbed to the residential property line has significantly
increased the likelihood of property damage or personal inju~ occurring from vehicular traffic on Lake
Ida road.
Liability
The sidewalk adjacent to the west bound traffic lanes was constructed with no restraining guard rail.
Apparently, a handrail was in the original construction plans but, for some reason, was never built. There
is a steep drop-off from the elevated sidewalk down to the original grade. This drop-off constitutes a
safety hazard. Homeowners are concerned they could be potentially be held liable should a pedestrian, or
bicyclist be injured by accidentally falling into this drop-off.
Conclusion
The concrete fence along Lake Ida Road has long been considered an eyesore. With the widening of Lake
Ida Road, there are now more compelling reasons to replace this dilapidated, and unsightly structure. The
property owners in the Lake Ida area believe now is the time to construct a replacement wall. This new
wall will be designed to reduce traffic noise to an acceptable level, and will be constructed to a height
which will restore the privacy previously afforded our community.
As a community, we are committed to achieving this goal and we believe that the City of Delray Beach
will share in the benefit once realized. We therefore request the City's assistance in this undertaking.
There are difficulties which must be overcome before construction of a new wall can proceed. Obviously,
the most difficult problem is construction funding. But, we also request the City's assistance in project
management, engineering, and contract negotiations. The end result of these efforts will make our Delray
Beach home a better place to live for all residents.
The Lake Ida Property Owners Association has formed a committee to pursue our goal of replacing the
existing concrete fence with a suitable wall. As a community, we respectfully request that you work with
this committee to resolve the challenges which must be overcome before construction of a new wall can
proceed. Our expectation is that the City of Delray Beach will provide support as needed, and work in
close parmership with our community to attain a mutually beneficial solution.
President
Lake Ida Property Owners Association
TO: DAVID HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOP~
FROM: NANCY DAVILA, HORTICULTURIST
RE: LAKE IDA ROAD- WALL
DATE: MAY 23, 1997
I have several memorandums going back to last year with information relating to
locations and costs for the construction of a new wall to replace the concrete
Iouvered fence along Lake Ida Road. The following will be a compilation of that
data as well as some cost estimates on a precast wall system.
The wall Bovis Homes plans to construct along Lake Ida Road for their Delray
Lakes project consists of a decorative concrete block stuccoed wall generally
five feet in height installed on top of a three foot high berm, for an effective eight
foot height. There are fairly massive columns every 32 feet which give some
relief and undulation to an otherwise very lineal wall. The columns are a foot
higher than the rest of the wall and in all areas there is a very nice banded cap
on the wall.
Bovis indicated to me that the estimate for the construction of this wall was $50 a
linear foot. Given the height, (Bovis's is a 5 foot wall) this is $10 a vertical foot.
Since the wall will be placed on grade, as there is no reom to previde the preper
slope for a berm between the sidewalk and property line behind the existing
houses, the wall itself will be 8 feet in height, increasing the cost to $80 a lineal
foot.
In speaking with several contractors, they feel that a pre-cast system would be
much easier to install and more cost effective. One of the preblems with an 8
foot high wall is that the footer would have to be very big to handle the wind
loads. Given the situation we have, with little space between the sidewalk and
the property line (and given that there is a drainage ditch in that area), the wall's
footing would have to be cantilevered.
Many high-end subdivisions have gone to a precast system and frankly, it is hard
to tell the difference in many cases. This type of a system allows minimal
disturbance to the area. An auger would bore the holes for the posts and the
panels slide in between them. You can even include caps and columns and
have the option of many surface finishes. I have included brochures showing
some of the different designs. On the 'green' brochure' I have put an asterisk on
the wall I think would look nice. The cost on this one for a wall 8 feet in height
and painted on both sides is roughly $48/foot.
The table below shows the costs both ways:
8 81.14 $ 6,491.00 $3,894.72
9 69.69 $ 5,575.00 $3,345.12
10 87.14 $ 6,971.00 $4,182.72
11 85.65 $6,852.00 $4,111.20
12 85.04 $6,803.00 $4,081.92
13 85.00 $6,800.00 $4,080.00
14 85.00 $6,800.00 $4,080.00
15 85.00 $6,800.00 $4,080.00
16 109.00 $8720.00 $5,232.00
TOTAL 772.76 $61,812.00 $37,087.68
Please let me know if there is any additional information I can get for you.
Fax Cover Page
SUBJECT:
April 19, 1996
TO: Nancy Davila
FROM: Jerry Levy
Attached are elevations for the wall at "Delray Lakes".
Bovis Homes estimated cost for this wall is $50.00 per foot.
If I can provide any additional information do not hestitate
to contact me ~ 407-677-7992.
/
News, F'ri~ ~ne ~, ~e~7 ~
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