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03-18-08 Agenda RegCity of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, March 18, 2008 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, Regular Meeting 6:00 p.m. public comments, Commission discussion and official action. City Public Hearings 7:00 p.m. Commission meetings are business meetings and the right to limit Delray Beach City Hall discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign- in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES 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, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and Phone: (561) 243-7000 enjoy the benefits of a service, program, or activity conducted Fax: (561) 243-3774 by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. March 3, 2008 -Regular Meeting B. March 13, 2008 - Special/Workshop Meeting 6. PROCLAMATIONS: A. DelrayMedical Center Day -March 18, 2008 B. Commending multiple medal winners -Delray Beach 2008 Senior Games C. Child Abuse Prevention Month - Apri12008 7. PRESENTATIONS: A. South County Administrative Comdex Redevelopment Study -Audrey Wolf, Palm Beach County Facilities Development & Operations (ADDENDUM) CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT APPROVAL/OCEAN TERRACES OF DELRAY: Approve a final subdivision plat for Ocean Terraces of Delray, a six ~) lot townhouse development, located on the west side of Palm Trail, approximately 180' north of Bond Wad B. ACCEPTANCE OF EASEMENT DEED/CONGRESS PARK OWNER'S ASSOCIATION, INC.: Approve and accept an easement deed between the City and Congress Park Owner's Association, Inc. for the installation of water and sewer mains outside the property lines of the Alta Congress Development. C. CHANGE ORDER NO. 1/CHAZ EQUIPMENT COMPANY. INC/WEST ATLANTIC AVENUE WATER MAIN PROTECT: Approve Change Order No. 1 in the amount of $30,057.50 to Chaz Equipment Company, Inc. for modifications to the asphalt trench restoration as required by the Florida Department of Transportation (FDOT) for the West Atlantic Water Main Proiect. Funding is available from 441-5161-536-65.24 (Water/Sewer Fund/Other Improvements/W. Atlantic Ave. Phase III). D. SERVICE AUTHORIZATION NO. 07-04/MATHEWS CONSULTING, INC./AREA 11 AND 12 RECLAIMED WATER SYSTEMS: Approve Service Authorization No. 07-04 in the amount of $32,087.00 to Mathews Consulting, Inc. for professional engineering services in the design of Area 11 and 12 Reclaimed Water Systems. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). E. SERVICE AUTHORIZATION NO. 07-05/MATHEWS CONSULTING, INC./ALTERNATIVE WATER SUPPLY GRANT APPLICATION: Approve Service Authorization No. 07-05 in the amount of $5,034.00 to Mathews Consulting, Inc. for preparation and submittal of an Alternative Water Supply Grant application to the South Florida Water Management District (SFWMD). Funding is available from 441-5181-536-31.90 (Water/Sewer Fund/Professional Services/Other Professional Services). F. RESOLUTION NO. 09-08/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA): Approve and adopt Resolution No. 09-08 authorizing execution of a Maintenance Memorandum of Agreement (MMOA) with the Florida Department of Transportation (FDOT) for the installation of public art and landscaping under the Atlantic Avenue Bridge. G. DEVELOPER REIMBURSEMENT AGREEMENT/ALTA CONGRESS OWNER, LLC: Approve and authorize the Mayor to execute the Developer Reimbursement Agreement between the City and Alta Congress Owner, LLC for reimbursement in the amount of $16,550.00 to cover the costs of increased capacity of the proposed sanitary sewer system to handle future development. Funding is available from 442-5178-536.83-O1 (Water/Sewer Renewal and Replacement Fund/Other Grants and Aidsl. H. RESOLUTION NO. 08-08/ABANDONMENT OF RIGHT-OF-WAY: Approve and adopt Resolution No. 08-08 abandoning a 0.29 acre portion of Old Germantown Road ROW in conjunction with a proposed plat for amixed-use residential and medical office development named Midtown Delray, located at the southwest corner of Linton Boulevard and Old Germantown Road, west of Park Access Road. L RESOLUTION NO. 11-08/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA): Approve and adopt Resolution No. 11-08 authorizing execution of a Maintenance Memorandum of Agreement (MMOA) with the Florida Department of Transportation (FDOT) for the City requested improvements for Sunshine Neighborhood Park located at S.W. 15th Avenue and S.W. 2nd Street. J. RESCIND BID AWARD/STUART AND SHELBY DEVELOPMENT/135 N.W. 5TH AVENUE REHABILITATION PROTECT: Approve rescinding the original bid award to Stuart and Shelby Development in the amount of $554,323.00 for the rehabilitation of 135 N.W. 5th Avenue and authorize staff to re-bid the project. K. REQUEST FOR SUBORDINATION/ELAINE COLEMAN: Authorize and approve the City transferring its mortgage position from second to first and grant a waiver of the current subordination policy to allow Elaine Coleman to refinance her mortgage. L. INVESTMENT POLICY FOR THE GENERAL EMPLOYEES PENSION BOARD: Consider approval of the revision to the City of Delray Beach General Employees Retirement Plan Pension Fund Investment Policy. M• AMENDMENT NO. 1/AGREEMENT/LEGAL SERVICES/HEARING OFFICER: Approve Amendment No. 1 for renewal of the agreement between the City and David W. Schmidt for provision of legal services to the City as a Hearing Officer, extending the term for an additional two ~) years. Funding is available from 001-2741-524-34.90 (General Fund/Other Contractual Services . N. SPECIAL EVENT REQUEST/AVDA 5K WALK/RUN: Approve a special event request to endorse the 11th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K Walk/Run to be held on Sunda, October 11, 2008 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.60 for the use of Anchor Park and the City right-of-way along Ocean Boulevard from Casurina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff assistance for providing traffic control, barricading, signage, trash pick up and removal, and set up and use of half of the small stage; contingent on the sponsor providing the required liability insurance and hold harmless agreement. O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 3, 2008 through March 14, 2008. P. AGREEMENT/MUNICIPAL SOLUTIONS: Approve an agreement between the City and Municipal Solutions in an amount not to exceed $20,000.00 for an organizational, finance and performance assessment. (ADDENDUM) Q. AWARD OF BIDS AND CONTRACTS: 1. Bid award to West Construction, Inc. in the amount of $267,454.11 for the construction on S.W. 2nd Avenue Streetscape/Infrastructure Improvements. Funding is available from 334- 3162.541-65.87 (General Construction Fund/Capital Outlay/S.W. 2nd Avenue-S.W. 1st Street/West Atlantic) and 448-5461-538-65.87 (Stormwater Utility Fund/ Capital Outlay/S.W. 2nd Avenue-S.W. 1st Street/West Atlantic). 2. Contract award to Chaz Equipment Company, Inc. in the amount of $39,525.00 for emergency repair of a deteriorated sanitary sewer manhole and connecting line segments on Bluebird Lane in the Country Manors Community. Funding is available from 442-5178-536-63.51 (Water and Sewer Renewal and Replacement Fund/Improvements Other/Sewer Mains). 3. Contract award to Hulett Environmental Services in the total estimated amount of $1,213.00 per housing unit for exterminating services for FY 2007 - 2008 and FY 2008 - 2009 to provide termite inspections and treatment for households participating in the City's Housing Rehabilitation Program. Funding is available from 118-1960-554-49.19 (Community Development Fund/Housing Rehabilitation). 4. Contract award to Tierra Consulting Group for lead based paint testing services for FY 2007 - 2008 and FY 2008 - 2009 as needed for households built prior to 1978 participating in the City's Housing Rehabilitation Program. Funding is available from 118-1960-554-49.19 and 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). 5. Contract award to Shenandoah Construction in the amount of $24,705.00 for stormwater collection system maintenance as required by the City's National Pollutant Discharge Elimination System (NPDES) permit. Funding is available from 448-5461-538-46.90 (Stormwater Utility Fund/Other Repair/Maintenance). 6. Purchase award to Fort Lauderdale Harley Davidson via the Florida Sheriff's Association Contract #07-15-0827, Specification #1 for the purchase of three ~) 2008 Harley Davidson Road King Florida Highway Patrol (FLHP) motorcycles for the Police Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 7. Purchase award to HTE in the amount of $35,310.00 for the installation of the C1ick2Gov Business Tax Receipts program and software to provide aweb-based on-line enhanced level of customer services. Funding is available from 001-2721-524-66.10 and 001-1311-512-66.10 (General Fund/Software). 8. Purchase award to multiple vendors in the total cost of $360,408.00 for the purchase of twenty one (21) 2008 replacement/additional cars, trucks, lawn mowers, utility vehicles and an asphalt roller for various departments. Funding is available from 119-4144-572-64.20 (Beautification Trust Fund/Automotive). 9. Purchase award to SunGard HTE in an amount not to exceed $55,000.00 for purchase, installation and training for Human Resources software programs. Funding is available from 001-1311-512-66.10 (General Fund/Software). (ADDENDUM 9. REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/DELRAY MAZDA: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding the denial of a waiver request to Land Development Regulations (LDR) Section 4.4.10(G~(5)(B), "Use and Operating Restrictions", to allow an elevated vehicle display within the showroom of Delray Mazda, located at 700 N.E. 6th Avenue. (quasi-.Tudicial Hearing B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/OFFICE DEPOT/CVS PHARMACY BUILDING: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding the approval of the special action request to reduce the parking spaces by 62 spaces from (155 parking spaces required to the 93 parking spaces provided), for Office Depot/CVS Pharmacy, located at N.E. 6th Avenue. (quasi-.Tudicial Hearing C. WAIVER REQUESTS/OFFICE DEPOT AND CVS PHARMACY DEVELOPMENT PROPOSAL: Consider three ~) waiver requests to waive Land Development Regulations (LDR Sections 4.6.14 (A~(1) and ~), "Visibility at Intersections", to reduce the required visibility triangle on the south side of the intersection of the driveway to N.E. 5th Avenue from 20' to 15'; and to reduce the required visibility triangles at the intersections of N.E. 5th Avenue and N.E. 8th Street and at N.E. 6th Avenue and N.E. 7th Street from 40's to 30'. (quasi-.Tudicial Hearing D. PRELIMINARY AND FINAL PLAT/MIDTOWN DELRAY: Consider approval of a preliminary plat and certification of a final plat fora 9.85 acre mixed-use development containing 116 feet- simple townhouse lots and 29,571 square-feet of medical office to be platted as Midtown Delray located at the southwest corner of Linton Boulevard and Old Germantown Road, west of Park Access Road. (quasi-.Tudicial Hearing E. LEASE AGREEMENT/PALM BEACH COUNTY/NEW HEAD START FACILITY: Consider approval of the Lease Agreement between the City and Palm Beach County for the new Head Start Facility to be locatedon a portion of the Catherine Strong Park lands. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 13-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 4.6.7, "Signs", Subsection 4.6.7 (H~, "Exempt Signs", in order to include "Sponsorship Signs", as a new category of "Temporary Signs". If passed, a public hearing will be scheduled for April 1, 2008. B' ORDINANCE NO. 11-08: An ordinance adopting the Community Redevelopment Agency (CRA) Plan Amendment. C. ORDINANCE NO. 12-08: An ordinance amending Chapter 110, "Local Business Taxes Generally", Section 110.15, "Local Business Tax Schedule", of the City Code of Ordinances to provide for a five ~) percent increase in all business tax fees. D. ORDINANCE NO. 06-08: Consideration of a City initiated amendment to the Land Development Regulations (LDR) Section 6.2.1(D~, "Street and Alley Construction Standards", to provide updated standards regarding street and alley construction. E. ORDINANCE N0.14-08: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted By Reference", of the Code of Ordinances by repealing Subsection (B)(5). 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquires. B. From the Public. 12. FIRST READINGS: A. ORDINANCE N0.08-08: An ordinance repealing Chapter 57, "Right-of-Way Application Process For Communications Facilities", of the Code of Ordinances and enacting a new Chapter 57, "Communications Facilities in Public Rights-of-Way", to provide terms and conditions for the erecting, constructing, and maintaining of a communications facility in the City's public right-of- way for the provision of communications service. If passed, a public hearing will be scheduled for April 1, 2008. B. ORDINANCE NO. 15-08: An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the Code of Ordinances by amending Section 33.62, "Benefit Amounts and Eligibility" to limit benefits as required by Section 415 of the Internal Revenue Code. If passed, a public hearing will be scheduled for April 1, 2008. C. ORDINANCE NO. 16-08: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income, Basis, Amount, and Payment" to limit benefits as required by Section 415 of the Internal Revenue Code. If passed, a public hearing will be scheduled for April 1, 2008. D. ORDINANCE NO. 18-08: An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the Code of Ordinances by amending Section 33.65, "Administration", to allow the Mayor to designate the Assistant City Manager to serve on the Board of Trustees in lieu of the Mayor, and amending Section 33.685, "Deferred Reitrement Option Plan", to provide for payment of DROP benefits in monthly installments at the member's election. If passed, a public hearing will be scheduled for April 1, 2008. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MARCH 3, 2008 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Monday, March 3, 2008. 1. Roll call showed: Present - Commissioner Gary Eliopoulos (arrived 6:36 p.m.) Commissioner Fred Fetzer Commissioner Woodie McDuffie (arrived 6:34 p.m.) Commissioner Brenda Montague Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Ellis stated she would like to observe a moment of silence to recognize the passing of Reverend John William Henry Thomas, Jr. of St. Paul's Missionary Baptist Church who was along-time member of the community. Mayor Ellis stated the Wake will be Friday between 6:00-8:00 p.m. at St. Paul's Missionary Baptist Church in Delray Beach and the funeral will be Saturday at noon at St. John's Missionary Baptist Church in Boynton Beach. 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mrs. Montage moved to approve the Agenda, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes. Said motion passed with a 3 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of February 19, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 03/03/08 6. PROCLAMATIONS: 6.A. Recognizing and Commending the Delaire Country Club Mayor Ellis noted that this proclamation will be mailed. 6.B. Recognizing American Red Cross Month -March 2008 Mayor Ellis read and presented a proclamation hereby proclaiming March 2008 as American Red Cross Month. Mayor Ellis noted that this proclamation will be mailed because Lizette Gamero was not present. 6.C. Recognizing Fair Housing Month -April 2008 Mayor Ellis read and presented a proclamation proclaiming April 2008 as Fair Housing Month in the City of Delray Beach. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. Lifesaving Award -Chief Larry Schroeder Larry Schroeder, Police Chief, and David James, Fire-Rescue Chief recognized Sergeant David L. Weatherspoon for his heroic lifesaving action which occurred on January 7, 2008. Fire-Rescue Chief James stated teamwork is absolutely essential particularly between Police and Fire services. He stated this happens every day; however, this is just one incidence that deserves special recognition. Chief James read a statement into the record regarding the house fire and rescue. On behalf of the Fire- Rescue Department, Chief James presented Sergeant David L. Weatherspoon with a Lifesaving Award. Sergeant Weatherspoon came forward to accept the award. 7.B. "You are Not Alone" -Dave and Creig Smith Dave and Creig Smith, stated "You are Not Alone" is an emotional support group in Delray Beach who organized Project Holiday. Mrs. Smith stated through the City of Delray Beach they organized a number of places to collect goods and money for the purpose of sending to local troops who are deployed overseas. Through the efforts of many people in Delray Beach, they sent out 73 boxes, and 90 calling cards to many local troops. She stated the local schools wrote letters and many letters were sent to the troops. They collected an inventory of goods totaling $14,266.00 and donations in cash totaling $1,815.00. To ship the 73 boxes, it cost them $1,534.00 and the 90 calling cards were $10.00 a piece and the cost $900.00. Mrs. Smith extended her special thanks to the co-sponsors of this event, the Church of the Palms, Eleanor Williams, local schools, teachers and school children. She also thanked Commissioner Montague for her support and the entire Commission, City employees, and citizens in the -2- 03/03/08 community. Dave Smith, Retired member of the US Air Force, stated it is nice to see the leadership start from the top as it does in Delray Beach and noted that Mayor Ellis was personally a part of this not only in the packing event but many packages were stored in her office. Mr. Smith presented coins to the City Commission in appreciation. At this point, Mayor Ellis stated an additional presentation will be added. 7.C. Mark Baron -International Tennis Championships (ITC): Mark Baron, International Tennis Championships (TTC), thanked the City of Delray Beach for being the Title Sponsor for the Delray Beach International Tennis Championship. He stated it was a very exciting year and the press the best ever in history due to players who made it as far as they did. Mr. Baron stated Japan was the number one televised country of the event by literally televising it with highlights and reruns about seven times all over Japan. He stated the emails they received were tremendous and because of that it was picked up in China, other Asian countries, as well as all over Europe and South America. He stated he believes they are going to total over 160 countries worldwide besides the multi-billion times Delray Beach was in print all over the world as well. At this point, Mr. Baron introduced his staff. Mr. Baron stated they are planning something major in the next 3-4 months and it will be a tremendous jump for the event. He stated they have come from an 18,000 ticket sale organization when they first came here to over 55,000 this year. Mr. Baron stated the tennis site is magnificent and the City of Delray Beach has kept up the tennis center that makes the residents proud. He stated this site is well known all over the United States and is one of the premiere tennis facilities now in this country. Mr. Baron presented a crystal trophy (identical to the winner's trophy of the event) to the City Commission. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/500 OLEANDER LANE: Approve a request to defer the installation of a sidewalk in front of 500 Oleander Lane. 8.B. REQUEST FOR SIDEWALK DEFERRAL/3200 JASMINE DRIVE: Approve a request to defer the installation of a sidewalk in front of 3200 Jasmine Drive. 8.C. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/REGIONS BANK: Authorize the City to act as the utility permit applicant for a water service connection within the state right-of--way for Regions Bank, located at 555 S.E. 9th Street, and approve a hold harmless agreement. -3- 03/03/08 8.D. SERVICE AUTHORIZATION NO. 07-01/WANTMAN GROUP, INC.: Approve Service Authorization No. 07-01 in the amount of $42,890.00 to Wantman Group, Inc. for conceptual design of improvements along Marine Way between the City Marina and the Atlantic Avenue Bridge. Funding is available from 334-6ll1- 575-65.22 (General Construction Fund/Other Improvements/Riverwalk). 8.E. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an Interlocal Agreement between the City and Palm Beach County to provide additional law enforcement services on the Intracoastal Waterway during manatee season. 8.F. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2008-1: Formally initiate Comprehensive Plan Amendment 2008-1 pursuant to Section 9.2.1. of the Land Development Regulations. 8.G. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/OPEN CUTS: Approve an Interlocal Agreement between the City and Palm Beach County regarding open cuts under County thoroughfares. The City shall be responsible for repairing the open cuts for a six (6) month period after the final restoration of the open cut. 8.H. RENEWAL/VALET PARKING LICENSE AGREEMENTS: Approve the renewal of all Valet Parking License Agreements from April 1, 2008 through March 31, 2009 and increase the associated monthly fees. 8_I. AMENDMENT NO. 2/INTERLOCAL AGREEMENT/ COMMUNITY REDEVELOPMENT AGENCY/ CONSTRUCTION/ PROFESSIONAL SERVICES: Approve Amendment No. 2 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the West Atlantic Avenue Beautification Project to increase the funding amount from $1,500,000.00 to $1,850,000.00. 8.J. SPECIAL EVENT REQUEST/10th ANNUAL CINCO DE MAYO FIESTA: Approve a special event request to allow the lOt Annual Cinco De Mayo Fiesta to be held Saturday, May 3, 2008, from 11:00 a.m. until 10:00 p.m. at Old School Square, granting a temporary use permit per LDR Section 2.4.6(F) for use of the Old School Square surface lot; authorize staff support for traffic control and security, trash removal, EMS assistance, signage preparation and installation, and approve request to use the Old School Square parking garage, City Hall lots and City generator; contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance and liquor liability insurance. 8.K SPECIAL EVENT REOUEST/11TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 11th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 24 - 25, 2008 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.W. 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center parking lot, to -4- 03/03/08 provide staff support for traffic control and security, barricading and fire inspection services; contingent on the receipt of a hold harmless agreement and the certificate of liability insurance. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Approve a bid award and authorize the Mayor to execute the construction contract with Garden World Nursery & Landscape Services in the amount of $245,998.75 for the Downtown Delray Beach Gateway Landscaping of West Atlantic Avenue from the northbound I-95 on and off ramps to S.W./N.W. 12th Avenue. Funding is available from 334-3162-541-68.09 (General Construction Fund/Other Improvements/Atlantic Avenue Gateway Feature). Mrs. Montague moved to approve the Consent Agenda, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; NIr. Fetzer - Yes; Mrs. Montague -Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A. REQUEST FOR IN-LIEU PARKING SPACEBOB'S FAMOUS BAR: Consider a request from Bob's Famous Bar, located at 217 East Atlantic Avenue for the purchase of one (1) in-lieu parking space in the amount of $15,600.00 to accommodate the relocation of a double detector check valve. (Quasi-Judicial Hearing) Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. Eliopoulos and Mr. McDuffie were not present. NIr. Fetzer, Mrs. Montague, and Mayor Ellis had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated this item is a request from Bob's Famous Bar to purchase one (1) in-lieu parking space to accommodate the relocation of a double detector check valve within a landscape island at the northwest corner of the property. Mr. Aronson stated the landscape island had received approval for a reduction in width to 3' 4". During the inspection of the installation of the check valve it was determined that the valve was too close to the alley and even though protected by bollards, the risk of being hit by vehicles could not be ignored. The alley adjacent to this property is only 16 feet wide. The applicant was asked to relocate the check valve on that site. Mr. Aronson stated there was no way to relocate the check valve on the property -5- 03/03/08 and the only other option was to widen the landscape island and in doing so it would be the cost of a parking space. The applicant chose to make the landscape wider and in addition there is going to be another landscape island positioned on the other side of the parking adjacent to the building. The proposed modification shows the check valve centered in the island, which has been increased in width to 6 feet 1 '/z inches. Anew 6 feet 2 '/z inches landscape island is shown adjacent to the building. This additional landscaping will enhance the aesthetics of the property from both the alley and the Railroad Avenue right-of--way. The cost per space in this in-lieu area (Area 2) is $15,600.00 per space and will be paid in accordance with LDR Section 4.6.9(E)(3)(d) via an in-lieu of parking fee payment agreement. The agreement requires 50% payment upon ratification and two (2) subsequent 25% payments on the second and third anniversaries of the agreement. The Downtown Development Authority (DDA), the Community Redevelopment Agency (CRA), and the Parking Management Advisory Board (PMAB), at their respective meetings, all unanimously recommended approval of the applicant's request. Staff recommends approval. Flip Kaplan, contractor for the owner, was present. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There was no cross-examination or rebuttal. The City Attorney stated briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: NIr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 3 to 0 vote. 9.B. CONDITIONAL USE EXTENSION REQUEST/YACHT CLUB AT DELRAY BEACH: Consider a request to extend the conditional use to construct a new yacht club with facilities to be known as Delray Beach Yacht Club, located at 110 MacFarlane Drive. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission into disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2006-062 into the record. -6- 03/03/08 Mr. Dorling stated this is an extension request for a new yacht club to be known as Delray Beach Yacht Club. Currently, there is an existing 4,890 square foot yacht club on the site that has a dining facility, pool, and snack bar constructed in 1963. This proposal involves a complete demolition of that existing yacht club and reconstruction of a new yacht club having 3,610 square foot yacht clubhouse along with 44 boat slips. It will include a dock master's office, social hall, exercise room, men's and women's locker rooms/restrooms, sundeck and pool and is really part of a larger redevelopment which includes twenty (20) 3 bedroom, 3 bath residential condominium units within a 4-story building. On March 6, 2006, the City Commission approved the conditional use request to establish a yacht club use for the Yacht Club at Delray Beach and on April 26, 2006, the site plan was approved by the Site Plan Review and Appearance Board. This extension request is under the category of "No Construction" as the applicant has itemized in his request he has gone through some permitting issues and platting issues but is yet to start construction. Staff has to look at a development and the LDRs when there is "No Construction" and make sure there are no changes that the project would be subject to if it came in anew. Mr. Dorling stated there are no changes that affect this project so staff recommends approval of their 24 month extension request. He stated if they do complete this they will be coming in for a site plan extension request which will have to go to the Site Plan Review and Appearance Board (SPRAB) and would extend the April approval of two years as well. Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue, Delray Beach, stated this is an extension ordinance and the extension ordinance has three categories those being (1) "No Construction", (2) "Construction up to 25%", and (3) after " 25%", it is vested. Mr. Weiner stated the applicant has moved forward on a great deal of issues and they did get platting, moved forward with the utilities, and noted that they have made great strides in terms of progressing with the permits. He stated the City has heard from other applicants that have requested extensions and the reason of the soft market was sufficient for the purposes of granting extensions. Mr. Weiner stated they have been diligent and proceeded in good faith from the beginning and noted that they meet LDR Section 2.4.4(B) which refers to Section 3.1 and that there are still good findings of Concurrency, Future Land Use Map Designation, the Comprehensive Plan Consistency, and Compliance with the LDRs. Mayor Ellis stated anyone from the public who would like to speak in favor or in opposition of the conditional use extension request, to please come forward at this time. There was no cross-examination or rebuttal. Mr. Eliopoulos expressed concern over the rumors that this is for sale. He stated Mr. Weiner indicated that he is looking forward to getting this under construction and Mr. Eliopoulos stated he hopes to see that as opposed to what he is hearing that the property is for sale. -7- 03/03/08 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.C. GUARANTEED MAXIMUM PRICE (GMP)/MILLER PARK IMPROVEMENT PROJECT/THE WEITZ COMPANY: Provide direction regarding acceptance or rejection of the Guaranteed Maximum Price (GMP) in the proposed amount of $7,549,362.00 to the Weitz Company for construction activities associated with the Miller Park Improvements Project. Partial funding is available from 334-4173-572-63.90 (General Fund/Other Improvements). Richard Hasko, Director of Environmental Services, stated this item is for the Commission to consider the final Guaranteed Maximum Price (GMP) as presented by the Weitz Company for the Miller Park improvements. He stated both the Weitz Company and City staff and the consultants have spent a lot of time to hammer through the scope of this project. The initial proposal is approximately $7.5 million. The budget was $5.7 million. The Weitz Company has provided a value engineering analysis that recommends some scope items that can be eliminated or deferred. This recommendation reduces the GMP proposal to $6,970,910.00. Mr. McDuffie inquired about the length of the process and when this process would be complete since the Commission was looking to get this done by this spring. Mr. Hasko stated staff would have to meet with the consultant and prepare the additional documents and would probably be able to advertise in April and then this would be awarded around the first part of summer. Mr. Fetzer stated with the financial constraints everyone is currently under he knows there has been a lot of conversation by the Commission about the CM at Risk and is it the right way to go. Mr. Fetzer stated in many cases it is the right way to go; however, he feels the Commission relies on staff to give the Commission the advice of what is going to be the most cost effective. It was the consensus of the Commission to direct staff to advertise for a competitive bid for construction and alternate options for postponement. Mr. McDuffie moved to approve the Guaranteed Maximum Price (GMP) for the Miller Park Improvement Project to the Weitz Company, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague - No; Mayor Ellis - No; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. McDuffie - No. Said motion was DENIED with a 5 to 0 vote. -8- 03/03/08 9.D. REQUEST FOR QUALIFICATIONS (RFQ)/REAL ESTATE BROKERAGE AND MARKETING SERVICES/OLD SCHOOL SQUARE RETAIL SPACE: Provide direction regarding the Request For Qualifications (RFQ) for real-estate brokerage and marketing services for the Old School Square retail space. The City Attorney stated this item is a Request for Qualifications (RFQ) to go out for commercial retail real estate brokerage and marketing services for the Old School Square retail space. The City Attorney stated the way this is written there is leeway in the format for award of multiple brokers (1 or 2) which can be changed to just 1 and complete negotiations for the second one if the first one does not produce anything. She stated the Commission also needs to decide on the timeframe for the contract. In other words is this going to be exclusive and for how long. The City Attorney stated staff has provided some attachments that would go out with the RFQ. Those being (1) a sample purchase and sale contract and (2) a sample covenant and there are a couple of scenarios of maps of the space showing different configurations because depending on who the City gets the Chamber may relocate to the north side. The City Attorney stated the City will need a wall to be constructed between the Chamber space from the retail space and we want the person who is proposing the wall to be responsible for the cost of building the wall. The City Attorney stated staff received estimates of $40,000.00 to build the wall. Mr. Eliopoulos expressed concern over the wall costing $40,000.00. Mr. McDuffie stated $40,000.00 is exorbitant for a wall. It was consensus of the Commission to (1) make the RFQ exclusive to one (1) broker, (2) that the timeframe be for a minimum of six (6) months; (3) that the wall be part of negotiation process, (4) the timeframe is April 11, 2008 and that the City advertise this in the South Florida Business Journal. 9.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consideration of the actions and decisions made by the Land Development Boards for the period February 19, 2008 through February 29, 2008. Paul Dorling Director of Planning and Zoning, stated this item has been placed on the Regular Agenda to highlight an action taken by the Site Plan Review and Appearance Board (SPRAB) as it related to an Office Depot/CVS Building proposed at the old jeep site. He stated there were several items that were included and some waiver requests which the applicant is unable to meet the design guidelines which were not really an issue. However, Mr. Dorling stated there was an issue with a parking reduction of their parking requirement for the site which is 155 parking spaces and they provided 93 parking spaces for a total reduction of 62. He stated this is more than a 40% reduction in parking and while the applicant made the argument that specific uses (Office Depot/CVS) do not generate high numbers, staff is concerned because they are big retail buildings and may not always be an Office Depot or CVS. -9- 03/03/08 buildings The City Manager stated there is one parking lot that serves both Mr. Dorling stated one building is to be located on N.E. 8th Street and one is to be located on N.E. 7th Street and the parking lot is in between and serves both uses He stated this is approved by SPRAB fora 40% reduction in parking requirements collectively. The City Manager asked if staff tried to calculate what reduction might be more reasonable. In response, NIr. Dorling stated staff has not but feels that 40% was significant. Mr. Eliopoulos moved to appeal the special action request as listed on the memorandum, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to receive and file the balance of the report, seconded by NIr. McDuffie. Upon roll call the Commission voted as follows: NIr. Eliopoulos - Yes; NIr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) regular members to the Board of Adjustment to serve two (2) year terms ending August 31, 2009. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5). Mrs. Montague moved to reappoint Sigurdur Hardester to the Board of Adjustment as a regular member to serve a two (2) year term ending August 31, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: NIr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; NIr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mayor Ellis stated she wished to appoint Jess Sowards to the Board of Adjustment as a regular member to serve a two (2) year term ending August 31, 2009. Mr. McDuffie so moved, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Appoint one (1) At Large Representative to the Kids and Cops Committee to serve a partial term ending November 30, 2009. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3). Mr. McDuffie moved to appoint Phyllis Willingham to the Kids and Cops Committee as an At-Large Representative to serve a partial term ending November 30, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. -10- 03/03/08 Montague -Yes; Mayor Ellis -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; NIr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member from Zone 5 to the Neighborhood Advisory Council to serve an unexpired term ending October 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). Mrs. Montague moved to appoint Gail-Lee McDermott to the Neighborhood Advisory Council as a regular member from Zone 5 to serve an unexpired term ending October 31, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two (2) regular members to the Nuisance Abatement Board for two (2) year terms ending March 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5). Mrs. Montague moved to reappoint Eileen Marks to the Nuisance Abatement Board as a regular member for a two (2) year term ending March 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. Mayor Ellis stated she wished to reappoint Greta Britt. Mrs. Montague so moved, seconded by NIr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; NIr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9_J. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police & Firefighters Retirement System Board of Trustees to serve an unexpired term ending June 30, 2008. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3). Mr. McDuffie moved to appoint Adam Frankel to the Police & Firefighters Retirement System Board of Trustees to serve an unexpired term ending June 30, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: NIr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.K APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to the Public Employees Relations Commission for a four (4) year term ending March 13, 2012. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). -11- 03/03/08 Mr. Eliopoulos moved to reappoint Sidney Grossman to the Public Employees Relations Commission for a four (4) year term ending March 13, 2012, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; NIr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. In response to prior comments expressed by Mrs. Finst regarding not being able to receive the 1620 am radio station, the City Manager stated the radio station is a 10 watt station operating from a single transmitter at the Fire-Rescue Department station #1. He stated it is understandable there is some interference at times and the primary purpose of the station is for emergency use and in that situation where there is a lot of power outages there should not be interference. However, the City Manager stated the station is receivable to stretch all over town if one has an am radio that functions as it should. Mr. McDuffie stated he volunteered to monitor the radio station all the way home after the last regular meeting and noted that he found the radio station to have a significant amount of static; however, it is understandable all the way out to the Oakmont development on Old Germantown Road. Secondly, the City Manager stated Mrs. Finst also commented about the request in QAlert for replacement of a missing street name sign. He stated upon his investigation he found that Mrs. Finst did not put anything in QAlert and instead sent an email to Amanda Solomon, Telecommunications Systems Manager, and Amanda put something into QAlert but did not get that particular piece of it. The City Manager stated the email was primarily a about a portable basketball goal being in the street and the street name sign was just a little note at the end of it. The City Manager stated if Mrs. Finst would have put the message into QAlert herself she would have ensured that it all was there and it all would have been followed up on. In addition, the City Manager stated that defeats the purpose of QAlert and has informed Amanda to inform Mrs. Finst to put in her own QAlert items in the future and not depend on staff to do it. The City Manager stated the street name sign has been taken care of. 11.B. From the Public. None. 10. PUBLIC HEARINGS: 10.A. NONE. -12- 03/03/08 At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 06-08: Consideration of a City initiated amendment to the Land Development Regulations (LDR) Section 6.21(D), "Street and Alley Construction Standards", to provide updated standards regarding street and alley construction. If passed, a public hearing will be scheduled for March 18, 2008. The caption of Ordinance No. 06-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 6.1.2(D), "STREET AND ALLEY CONSTRUCTION STANDARDS", IN ORDER TO PROVIDE UPDATED STANDARDS REGARDING STREET AND ALLEY CONSTRUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTNE DATE. (The official copy of Ordinance No. 06-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this item deals with the design and construction standards for infrastructure and public property. The changes include things like depth of subgrade, the base course materials necessary for roadways, shell size, references to asphalt, concrete types, additional reference to the Florida Department of Transportation Specification for Road and Bridge Construction has been updated to the latest version. At its meeting of February 25, 2008, the Planning and Zoning Board recommended approval with a vote of 7 to 0. Mr. Fetzer asked if this only applies to new streets and alleys. In response, Mr. Dorling stated it would only involve reconstruction in the case of existing things and would include new construction. Mayor Ellis stated if something is being built along an existing alley this would fall into inclusion into that project. Mr. Dorling stated it would be subject to these new regulations. Mr. Eliopoulos asked about an unimproved alley. In response, Mr. Dorling stated it would be subject to these requirements. -13- 03/03/08 Mrs. Montague moved to approve Ordinance No. 06-08 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 11-08: An ordinance adopting the Community Redevelopment Agency (CRA) Plan Amendment. If passed, a public hearing will be scheduled for March 18, 2008. The caption of Ordinance No. 11-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSNE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Ron Hoggard, AICP, Principal Planner, stated the Community Redevelopment Plan establishes all the projects that are going to be undertaken by the Community Redevelopment Agency (CRA) in the coming years. The CRA's first plan was adopted in 1986 and has been amended several times. The last amendment was adopted in January 2005. Mr. Hoggard stated the update before the Commission this evening includes updates to the existing condition to the analysis section to bring it up to current conditions as well as deletion of out-of--date programs that are no longer being undertaken or are no longer needed in addition to new programs and a major update to the revenue and expense sections of the plan. Mr. Hoggard stated staff reviewed the plan for consistency with the Comprehensive Plan and there are no projects or programs which require revisions to the Comprehensive Plan so it remains consistent with the Comprehensive Plan. At its meeting of February 25, 2008, the Planning and Zoning Board considered the amendments and recommended approval with a 4 to 0 vote (Chuck Halberg, Joe Pike, and Francisco Perez stepped down); at its meeting of February 6, -14- 03/03/08 2008, the Pineapple Grove Main Street Executive Board (PGMS) reviewed the amendments and endorsed the amendments; at its meeting of February 11, 2008 the Downtown Development Authority (DDA) reviewed the amendments and recommended approval; at its meeting of February 13, 2008, the West Atlantic Avenue Redevelopment Coalition (WARC) reviewed the amendments and recommended approval. The Community Redevelopment Agency (CRA) will make a more in depth presentation of this at the second reading of this ordinance. Staff recommends approval of Ordinance No. 11-08 on First Reading. Mr. Eliopoulos moved to approve Ordinance No. 11-08 on FIRST Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 12-08: An ordinance amending Chapter 110, "Local Business Tax", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all business license tax fees. If passed, a public hearing will be scheduled for March 18, 2008. The caption of Ordinance No. 12-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY" OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, "LOCAL BUSINESS TAX SCHEDULE", TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Al Berg, Assistant Director of Community Improvement, stated this ordinance would increase the local business tax schedule across the board by 5%. He stated the fee is $142.00 and would now be $149.10. Mr. McDuffie moved to approve Ordinance No. 12-08 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. -15- 03/03/08 12.D. ORDINANCE NO. 14-08: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted By Reference", of the Code of Ordinances by repealing Subsection (B)(5). If passed, a public hearing will be scheduled for March 18, 2008. office.) The caption of Ordinance No. 14-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY REPEALING SUBSECTION (B)(5) IN ORDER TO PROVIDE UPDATED REFERENCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Fire-Rescue Chief James stated this ordinance provides for a change that would provide for the inclusion of any nationally recognized testing agency for fire alarm certification. Brief discussion between Mayor Ellis and Chief James continued. Mr. Fetzer moved to approve Ordinance No. 14-08 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated Mr. Fetzer had asked for a status report on the Boy's Market issue. The City Manager stated Code Enforcement staff prepared to visit Lee's Crossing last Thursday or Friday and the resident told the City not to come because the odor was not present. Al Berg, Assistant Director of Community Improvement, stated between commercial and residential property the City only requires a fence or a hedge; they do not have to put up a wall Mr. Berg stated it was part of the negotiation that when Boy's Market went in that they would keep the residents happy. The City Manager stated that -16- 03/03/08 Boy's Market is currently going through the permitting process to move forward with the project. Mr. McDuffie asked if anyone has complained about odors. Mr. Berg stated this is the first time they have heard about the odors but there is a noise problem. Secondly, with regard to the League of Cities General Membership Meeting, the City Manager reported that the County proposed to not add a solid waste impact fee which they never had before and to have no increase in the road fee. The City Manager stated the result of that was an increase from 9% to 14% but the League still voted in favor of having no increase this year and we will have to see what the County does. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer commented about the Waste Management Contract and the expiration date. He suggested that the City may want to move forward with a totally new Request for Proposal (RFP). The City Manager stated if the City were to go out for a Request for Proposal (RFP) it would take approximately 5-6 months and therefore we would want to start in April. 13.C.2. Mr. Eliopoulos calendar. Mr. Eliopoulos stated he needs to be updated on the Commission Secondly, he commented about the Franklin House. The City Manager stated the Community Redevelopment Agency (CRA) is definitely not interested in restoring the Franklin House and noted that he has an appointment on Wednesday morning to tour the house. Mr. Eliopoulos congratulated the City Manager for raising $17,500.00 at the Boy Scout Event. Mr. Eliopoulos stated he had the pleasure of joining Commissioner Montague and Fire Chief James for judging the Black History Essay Competition. -17- 03/03/08 13.C.3. Mr. McDuffie Mr. McDuffie extended his appreciation to the City Manager, Mr. Barcinski, and everyone who turned out for the Boy Scout Dinner and stated it was an overwhelming success. Secondly, Mr. McDuffie stated with regard to baseball, he met with both Boards last week and it proved to be a meeting that actually brought the two Boards closer together than they were before. 13.C.4. Mrs. Montague Mrs. Montague had no comments or inquiries on non-agenda items. 13.C.5. Mayor Ellis Mayor Ellis stated she could not make the Boy Scout Dinner. Secondly, she stated the Advisory Board Reception was well attended. Mayor Ellis stated what is happening with the two baseball leagues will be history in the making and long remembered. She stated she appreciates Commissioner McDuffie's effort with regard to this. Commissioner McDuffie stated he appreciates the recognition but noted that there are many people behind the scenes such the Presidents and the Boards of both of these Leagues who should be commended as well. There being no further business, Mayor Ellis declared the meeting adjourned at 8:05 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on March 3, 2008, which Minutes were formally approved and adopted by the City Commission on -18- 03/03/08 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -19- 03/03/08 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR BOB'S FAMOUS BAR ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request for the purchase of ~ parking space in-lieu has come before the City Commission on March 3, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Bob's Famous Bar. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E}(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 1 parking space in-lieu meet the requirements of LDR Section 4.6.9{E)(3} and the conditions, if any, listed below? Subject to receipt.of a parking fee payment agreement wherein a total of $15,600 will be paid, 50% at the time of execution of the Acareement, and two additional payments to be made thereafter. 25% each payment. Yes 3 No 0 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9{E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. ~, Q.A. '~pe 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of exper#s and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3`~ day of March, 2008, by a vote of 3 in favor and 0 opposed. ~J ~ T' ASST: ~ ~ ~ ~.-~*3 Rita Ellis, Mayor r IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO THE YACHT CLUB AT DELRAY BEACH ORDER OF THE CITY COMMISSION OF THE CfTY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request for 24 months has come before the City Commission on March 3, 20Q8. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Yacht Club at Delray Beach. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4{F)(1) and {F)(3). 4. Section 2.4.4(F){1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F}(1}been met? Yes 5 No 0 5. In making a determination under LDR Section 2.4.4{F)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and steal! comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; ~T~ Q•~t. 3~3IOK {c} The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F}{3} been met? Yes 5 No 0 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. $. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission approves X denies the conditional use extension request to allow the previous conditional use approval to extend an additional 24 months, subject to the original conditions of approval, to be valid until April 26, 2010. The City Commission hereby adopts this Order this 3`~ day of March, 2008, by a vote of 5 favor and 0 opposed. ,~-- .,.a :,.,~..~ ~ . •`~ ~•~ ,w P~-. Rita Eilis, Mayor ATTEST -rte ~ ~°'-` a ~ ~_ yy Chevelle hlu in City Ci~k~ ~~ ~. . y . . •~.~ ~ _ . ~~~~ ~~• ; 2 MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: March 14, 2008 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF MARCH 18, 2008 MARCH 13, 2008 - SPECIAL/WORKSHOP MEETING MINUTES SPECIAL/WORKSHOP MEETING MARCH 13, 2008 A Special/Workshop Meeting of the CitS~ Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:00 p.m., on Thursday, March 13, 2008. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Brenda B. Montague Mayor Rita Ellis Absent - Commissioner Woodie McDuffie Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Douglas Smith, Assistant City Manager Susan A. Ruby, CitS~ Attorney Chevelle D. Nubin, CitS~ Clerk Mayor Ellis called the special meeting to order and announced that it had been called for the purpose of considering the following Item: SPECIAL MEETING AGENDA REQUEST FOR FINANCIAL SUPPORT/S.D. SPADY ELEMENTARY MONTESSORI MAGNET SCHOOL: Consider a request from S.D. Spady Elementary Montessori Magnet School for financial support to send students selected from S.D. Spady Elementary Chorus to perform in Denver, Colorado with the 2008 Organization of American Kodaly Educators National Honor Choir on March 26, 2008. Funding is available from 001-6311-572-83.01 (General Fund/Other Grants and Aid) after budget transfer. David T. Harden, City Manager presented the item stating we did not have anything set aside in grants or contingency and recommended that X1,000.00 be contributed for financial support. Mayor Ellis stated that X1,750.00 is the cost to fund one student. Commissioner Montague stated she supports contributing the full cost for one student. Commissioner Fetzer stated previously we have had a staff committee review these types of requests and recommended how monies would be allocated in the budget and asked if this is apart of the committee's recommendation. Mr. Harden stated that we did not do that for this particular budget cycle. Brief discussion continued between staff and Commission regarding the staff committee process and this type of information being outlined for the Commission in the upcoming budget. Mrs. Montague moved to approve the contribution of X1,750.00 to fund the full cost of one student, seconded b~~ Mr. Eliopoulos. Upon roll call, the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Ma~~or Ellis -Yes; Mr. Eliopoulos -Yes; Said motion passed 4-0. Mayor Ellis adjourned the Special Meeting at 6:09 p.m. WORKSHOP AGENDA 1. Osceola Park Neighborhood Improvements Update Randal Krejcarek conducted a Power Point presentation of the Osceola Park Redevelopment Plan (Improvements) that was approved b~~ the Commission on December 6, 2004. He discussed the non-assessable and assessable project components which were: Water Main Upgrades, Drainage Improvements, Street Resurfacing, Traffic Calming, Sidewalks and Alley Improvements. He stated staff has not ~~et decided how the residents will be assessed for the improvements. Mr. Krejcarek stated the plans are complete with everything; and that surve~~s will be sent to the property owners in the neighborhood. Mr. Harden asked Lula Butler, Director of Community Improvement, to discuss the Strategic Task Team initiative for this neighborhood. Mrs. Butler stated that the City Manager received a letter from the residents in the neighborhood that expressed issues the~~ believe are affecting their quality of life. Mrs. Butler stated that since then the~~ have conducted various meetings with residents and created a code enforcement "blitz" to deal with some of those issues. She stated that during the meetings opinions from the community have varied regarding what improvements need to be done and this is the reason the surve~~ is necessary. Discussion continued between staff and the Commission regarding the timeframe for the completion of the improvements, how the surve~~s will be done, the Decade of Excellence Bond and having the Treasure Coast Regional Planning Council conduct a specific stud~~ on how this has worked in other cities with other neighborhoods. In addition, Susan Rube, City Attorne~~, explained the legal process regarding assessments to the Commission. Mr. Krejcarek stated this was presented to the Commission tonight for their information and update; and staff did not need an~~ specific direction at this time. He stated the surve~~s are the next step of the process. 2. Discussion on FY 2009 Budget Parameters The CitS~ Manager presented this item and stated that staff has began to prepare their budgets for Fiscal Year 2008-2009 and it would be helpful to know what the Commission would like for staff to present to them. He asked for Commission direction regarding utilizing the current millage rate or the rollback millage rate. 2 March 13, 2008 Mayor Ellis stated that we can definitely expect less money for Fiscal Year 2008-2009; and believes that from a business standpoint, utilizing a consultant is a sound business decision. She stated it allows the professionalism of the staff to come through. In addition, she has followed up on this consultant online and by speaking with other cities. Commissioner Fetzer stated Amendment No. 1 was passed by 64% of the voters and we should go with the rollback rate and prioritize where we will need to make cuts to work within those constraints. He supports using the consultant and feels this will be X20,000.00 well spent. Mr. Fetzer stated we should also utilize the Budget Task Force. Commissioner Eliopoulos concurred with Mr. Fetzer stating we have to look at everything we possibly can regarding the budget including hearing the recommendations from the Budget Task Force. He supports the idea of the consultant. Commissioner Montague commented that she supports the idea of utilizing the consultant as well as receiving the recommendations of the Budget Task Force. She asked the City Manager where the rollback rate puts us. Mr. Harden informed her that the rollback rate is the state number and puts us close to seven (7) mils. It was the consensus of the Commission for staff to present a budget at the rollback rate and utilize the consultant. Mayor Ellis adjourned the Workshop Meeting at 7:12 p.m. CitS~ Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Thursday, March 13, 2008, which Minutes were formally approved and adopted by the City Commission on CitS~ Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 3 March 13, 2008 WHEREAS, Delray Medical Center, a 493-bed acute care hospital at 5352 Linton Boulevard in Delray Beach, has been providing award-winning health care to residents of south and central Palm Beach County for more than 25 years; and WHEREAS, as a state-designated Level II Trauma Center for adults and children, Delray Medical Center offers a broad array of specialized services, ranging from acute care to rehabilitation, and psychiatric services to outpatient care; and WHEREAS, this year, Delray Medical Center has been presented the Cardiac Care Excellence Award from HealthGrades, a national health care quality group, for the fourth consecutive year (2005-2008); and WHEREAS, Delray Medical Center has received the Distinguished Hospital Award for Clinical Excellence from HealthGrades for the sixth consecutive year (2003- 2008); and WHEREAS, in 2007, the inaugural year of the award, Delray Medical Center was honored as one of "America's 50 Best Hospitals" by HealthGrades; and WHEREAS, for 2008 and for the second consecutive year of this prestigious award, Delray Medical Center again has been honored as one of "America's 50 Best Hospitals" by HealthGrades in recognition of eight consecutive years of clinical excellence; NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim March 18, 2008, as: "DELRAY MEDICAL CENTER DAY" and call upon all citizens to join in recognizing and commending Delray Medical Center for its many outstanding achievements and awards and for its commitment to providing a full range of superior health care services to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 18`h day of March, 2008. RITA ELLIS MAYOR WHEREAS, the City of Delray Beach Parks and Recreation Department is dedicated to enriching the quality of life for community members by providing meaningful recreation opportunities in exemplary park environments; and WHEREAS, the Parks and Recreation Department held the 19t" Annual Delray Beach Senior Games from January 25, 2008 through February 1, 2008 for participants over 50 years young; and WHEREAS, there were 11 athletic events: golf, tennis, swimming, basketball skills, bowling, lawn bowling, bridge, shuffleboard, track and field, racquetball and table tennis; and WHEREAS, the Delray Beach 2008 Senior Games were designated an official regional qualifying site for the 2008 Florida State Senior Games; and WHEREAS, there were 245 contestants in the 2008 Senior Games, 9 of whom won 5 or more medals, as follows: • Rodger Ribeiro, 12 medals (1 gold and 1 silver in bowling, 1 silver in golf, 1 gold in shuffleboard, 2 gold in tennis, 2 gold in table tennis, and 4 gold in track and field) • Chris Burt, 10 gold medals in swimming • Herbert Furash, 10 medals in swimming (8 silver, 2 bronze) • Loring "Snag" Holmes, 10 gold medals in swimming • Ed Rangel, 10 medals (5 gold and 1 silver in track and field, 2 gold and 2 silver in swimming) • Thomas Phillips, 6 gold medals in track and field • Abe Ulanoff, 6 gold medals (1 in table tennis, 1 in tennis, 4 in track and field) • Raymond Bowles, 5 medals in swimming (3 gold, 2 silver) • Raymond Lebowitz, 5 gold medals in track and field NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim that Raymond Bowles, Chris Burt, Herbert Furash, Loring "Snag" Holmes, Raymond Lebowitz, Thomas Phillips, Ed Rangel, Rodger Ribeiro, and Abe Ulanoff are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 18t" day of March, 2008. RITA ELLIS MAYOR WHEREAS, Florida is home to over 4 million children living in families that deserve support from the diverse communities in which they live; and WHEREAS, the children of Florida deserve to live and grow in healthy, safe and nurturing environments free from threats of violence and harm; and WHEREAS, child abuse and neglect often occurs when people find themselves in stressful situations, without community resources, and don't know how to cope; WHEREAS, the majority of child abuse cases stem from situations and conditions that are preventable in an engaged and supportive community. WHEREAS, child abuse and neglect can be reduced by making sure each family has the support they deserve to raise their children in a healthy environment; WHEREAS, all Florida residents, businesses, schools, and faith-based and community organizations have a role to play in supporting families in raising children in safe, nurturing environments; WHEREAS, during the month of April, public and private sector agencies, childcare professionals, child advocates and residents will be promoting community involvement to reduce parental isolation and conducting awareness efforts that educate parents and help prevent abuse before it ever occurs; NOW THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim Apri12008 as CHILD ABUSE PREVENTION MONTH in the City of Delray Beach and urge all residents to engage in activities whose purpose is to strengthen families and communities to provide the optimal environment for children to grow healthy and thrive. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida to be affixed this 18`h day of March, 2008. RITA ELLIS MAYOR ~~~ ~ ~ c~ ' E;, ~`~r°7i~~~~ ~*artiEe~ae:~ ~rzw~i<®~,esanexci` dsi i'~~i"B~Y'%d~.d^w* s .r9~~~.~:'GUrarrenE 2633 ~Jista. Pa.t'l:v~a~ ~iJest Falco Beach, r'L. 334.11-5603 ~5s1; z>:> ~~,ao~~ FY_~i: (iii, ~) :!'7.'i-(lam 00 ~riw~,~tpbc~ov comlfdo ~r ,~.o.die t.. ,;~,F;ene, +:~hzio'7»;'_an fef_` h_oons, Dice Criaig _.~_ ~:~f, ~,~ r~;i~,~~,~~s -.iii'( f1~f'Ui"l:~Ol'. ~~„scnl s~ ,~~, flf~zYritaClvE Aclio~z h.'myloyer' February 6, 2008 To: Rita Ellis, Mayor, and Members of the Delray Beach City Commission From: Audrey Wolf, Director ~ ~ Facilities Development & peratio s Re: Redevelopment Proposal for South County Adminzstrative Complex located at 345 S. Congress Ave, Delray Beach I am pleased to be able to update the City Commission on the findings and recommendations from the County's Redevelopment Study for the South County Administrative Complex ("Study") that was prepared on behalf of the County as well as the City. In January 2006 and due to; a) the anticipated benefits to the County in terms of meeting its facilities and service delivery objectives most effectively and b) the history of the County and the City in successfully working together on redevelopment projects since the mid 1980s; the City and County proceeded down parallel and concurrent paths to implementing both the City vision for the redevelopment of the Congress Ave Corridor and the County's development objectives at 345 S. Congress Ave. Specifically the following tasks were undertaken. City and County secure a site for a permanent and expanded Head. Start facility. Staff has reached agreement on all business terms and is moments away from presenting the agreement which will allocate and reserve land for the permanent Head Start facility within the City's Katherine Strong Park to both the City and County for approval It is critical that this agreement is brought to conclusion prior to, or concurrent with, the County's consideration of the redevelopment proposal as the redevelopment plan contained in the Study assumes that the permanent and expanded Head Start facility would not be located on the 345 S. Congress Property and the County will need to know that another property has been secured for this program in order to be able to consider disposition of its holdings as contemplated by the Study. 2. City consider the changes to its land development regulationswhkh would allow for an urban mixed use development. On Febniary 6, 2007, the City adopted Ordinance 38-06 that created the Congress Ave Mixed Use Land Use (CMU) Category. The City also created the MROC Zoning District and rezoned, in February 2007, the properties within the Corridor to the MROC Zoning District. Page 1 of 4 prid~Ped on racyc;ed paper City and County secure the services of a planning consultant and/or architect to prepare a feasibility study and master plan forthe redevelopment. The County and City Staffwould work closely together (including on the selection ofthe consultants) to ensure thatthe County's redevelopment objectives could be achieved within the master plan. The Study (Attachment #1) has been completed and the Staffs are ready to present the master plan to both the City Commission and Board of County Commissioners ("BCC'') to consider the redevelopment approach and financial requirements of each. County Staff would like to present the Study to the City Commission on March 18, 2008, followed by a presentation to the BCC on April 22. If acceptable to the City Commission and BCC, the County would prepare a Request for Proposals (RFP) for the redevelopment of the 345 S. Congress property consistent with the Study and any other direction received from the City and included in the BCC approval. The RFP could be advertised within 60-90 days of the BCC's direction. The remainder of this letter is to: 1) preview the proposed presentation to the City Commission, 2) identify critical assumptions and potential obligations of the City and County that will be discussed at the City Commission presentation, and 3) identify the action items for the City to forward the Study to BCC for direction to issue a RFP to redevelop the property. Redevelonment Studv Recommendations The Study concluded/recommended that there are several benefits to redeveloping the South County Administrative Complex and creating residual land areas for private, transit oriented. mixed use development ("Residual Property").For the County government services and uses, redevelopment would provide for new and modern buildings that are functional for current programs and customer service requirements thereby better serving the various departments and agencies which currently exist as well as provide a plan for future expansion. Additionally, the Residual Property will provide the opportunity for workforce housing and market-rate housing to serve South County. The residential units will provide the opportunity for people to live and work along the Congress Ave Corridor. Additionally, they will also encourage transit ridership from the adjacent Tri-Rail Station as well as access to the many Palm Tran routes which connect to the Tri-Rail System. Two different concept plans for the Residual Property were prepared, which include residential and transit related private uses. The Residual Property plans were considered by the City in developing land development regulations for the Congress Avenue Corridor. The plans are being used by County to determine whether the sale of the Residual Property would result in compatible adjacent development and further the County's objectives in participating in the corridor redevelopment. The corridor redevelopment goals include new physical plant facilities, increasing transit ridership and providing workforce housing. As part of the analysis of the two different models for reconstructing the County facilities, it was determined that they can be accommodated on the north 15 to 20 acres of the property depending on the use of surface or structured parking. This would make approximately 8 to 10 acres available for private mixed used redevelopment ofthe Residual Property without any interruption in government services. The Study assumes that the City would provide financial assistance in the way of a parking structure for the non-County uses that would ultimately be located on the Residual Property. Page 2 of 4 The cost analysis for the County's redevelopment program resulted in a total project budget of $49,580,000 which includes construction, phasing and interim relocations. All costs associated with the redevelopment of a portion of the property for County governmental uses would be borne by the County. There are multiple funding sources available to the County for this project, such as 1) the $3,700,000 that would be budgeted separately for the fleet facilities and the Health Department expansion in the future; 2) the value of the Residual Property which is anticipated to be either $14,000,000 - $16,000,000 or $8,500,000 - $10,500,000 depending on which development scheme is utilized, and 3) from the County's share of increased taxes to be received. as a result of the disposed property being taxable. However, the remainder of the funds would. have to be budgeted for by the County as a capital improvement project with the timing being dependent on the structure of the transaction with the selected developer. It is likely that neither the City nor the County's obligations would begin until FY 10 (at the earliest) due to the length of time it will take to select, negotiate and document a transaction with a developer as well as actually incur the first cash disbursement(s). Critical Assumptions and Potential Obligations The Study is based on several critical assumptions which need to be discussed. by the City Commission and/or the BCC. These assumptions include; 1) approving the concept of an Interlocal Agreement by which the City would identify a City funding source to finance the parking structure on the Residual Property for the non County uses including workforce housing and the County identifying a funding source for financing the County improvements; 2) both the City and County committing additional funding sources as necessary to fully fund the structured parking for the private development and redeveloped government facilities, and 3) the identification of any other City sponsored financial assistance for the development on the residual parcel (ie: SHIP, Community Land Trust, etc) which can be included in the County's RFP. All of the details associated with the assumptions and the information needed by the City Commission and BCC in considering whether to move forward is contained within attached Study. I have taken the liberty to highlight the key action items below and will be prepared to present and discuss in detail at the City Commission Meeting. Action Items, or the City Council Choose a preferred concept plan. Confirm County's interpretation of any code interpretation assumptions that are critical to the redevelopment or that will need to be defined in the RFP. Consider likely funding requirements and sources for parking structure for non-County government uses. 4. Identify any other City sponsored financial assistance and/or programs that can be included in the RI'P. 5. Identify City's desired involvement in the County RFP Action Items for the Board of County Commissioners 1. Choose a preferred concept plan. 2. Confirm program and facility assumptions for redevelopment of government facilities. 3. Consider likely funding remaining deficit to accomplish redevelopment after; 1) proceeds of land sale, 2) funding commitment of City, and 3) the impact, if any, on incentives offered to developers through the RFP as identified in the responses. 4. Confirm the key terms, including schedule, for the RFP. Page 3 of 4 I look forward to the opportunity to discussing this very exciting project to the City Commission and if you have any questions in the interim, please feel free to call me at 561 233 0204. attachment: 1. Redevelopment Study South County Government Center dated 3/30!07 (all w/o attachments) Addie L. Greene, Chairperson and Members of the Board of County Commissioners Robert Weisman, County Administrator Ross Hering, Director FDO Property and Real Estate Management Doug Weichman, Director FDO Fleet Management Verdenia Baker, Deputy County Administrator Barbara Alterman, Director Planning Zoning and Building Rebecca Caldwell, Director Building Division Jon Van Arnam, Assistant County Administrator Ed Rich, Director Community Services Anne M. Gannon, Tax Collector Gary Nikolits, Property Appraiser David Harden, City Manager, City of Delray Beach Page 4 of 4 MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 12, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 FINAL SUBDIVISION PLAT/OCEAN TERRACES OF DELRAY ITEM BEFORE COMMISSION The item before the Commission is that of approval of a combined final plat fora 6-unit fee simple townhouse development known as Ocean Terraces of Delray Beach. The subject property is located on the west side of Palm Trail, approximately 180' north of Bond Way. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND On December 13, 1988, the subject property was annexed into the City with the R-1-A (Single Family Residential) zoning district designation via Ordinance No. 145-88. With the Citywide rezoning and adoption of the Land Development Regulations (LDR) in October, 1990, the property was rezoned to RL (Low Density Residential). The subject property consists of Lots 28 through 31, inclusive, Block 1 of Kenmont Subdivision and contains 1.04 acres. A single family home built in 1955 existed on the property and has been demolished. The subject property is immediately adjacent to and south of the Estuary town house development. REVIEW BY OTHERS At their meeting of March 23, 2005, the Site Plan Review and Appearance Board (SPRAB) granted site plan approval for athree-story, 6-unit fee-simple townhouse-type development on the subject property with a condition that the property be platted. At its meeting of April 18, 2005 the Planning and Zoning Board unanimously voted to forward a recommendation of approval to the City Commission for the combined preliminary/final plat for Ocean Terraces of Delray Beach. At its meeting of March 28, 2007, the Site Plan Review and Appearance Board approved a site plan extension for six townhouses. The final plat is now before the City Commission for approval. RECOMMENDATION Approve the final plat for Ocean Terraces of Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. PLANNING AND ZONING BOARD CIYY OF DELRAY BEACH ---STAFF REPdRT--- MEETING DATE: April 18, 2005 AGENDA ITEM: v.c. ITEM: Combined PrefiminarylFinal Subdivision Plat approval far a 6-lot townhouse type development named Ocean Terrace of Delray Beach, located on the west side of Palm Trail, approximately 180 feet north of Bond Way. GENERAL DATA: Owner ......................................... Ocean Terrace at Delray Beach, LLC Agent .................................... John Grant Jr., lnc. Applicant ..........................•--------- Joseph Grenadier Location ...................................... West side ofi Palm Trail, approximately 180' north of Bond Way,{1206 Palm Trail). Property Size .............................. 1.04 Acres Future Land Use Map ............... MD (Medium Density Residential 5-12 dulac) Current Zoning ............................ RL (Low Density Residential} Adjacent Zvning ......:.........North:- RL Fast: RL & C^ (Conservation District} South: RL West: Existing Land Use ...................... Proposed Land Use ................... Water Service .......................... Sewer Service ............................ RL Single i='amity Residential and vacant lat. Construction of a 6-unit townhouse development. Available via installation of an 8" water main along the west and north perimeter of the property which will connect to an existing 8" water main in Palm Trail. Available via service lateral connections to an existing 8" sewer main in Palm Trail. V.C. ~' "` ~ ~~TEM BEF THE HARD ~ .~- The item before the Board is that of approval of a combined preliminarylfinal plat for an 6-unit fee simple townhouse development known as Ocean Terraces ofi Detray Beach. The subject property is located on the west side of Palm Trail, approximately 180` north of Bond Way. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. ACKO~~i1ND ` The subject property consists of Lots 28 through 31, inclusive, Block 1 of Kenmont Subdivision and contains 1.04 acres. A 1,927 square foot single family home built in 1955 exists across tots 30 and 31 while Lots 28 and 29 are vacant. The subject property is immediately adjacent to and south of the Estuary town house development. On December 13, 1988, the subject property was annexed into the City with the R-1-A {Single Family Residential) zoning district designation via Ordinance No. 145-88. With the Citywide rezoning and adoption of the Land Development Regulations {LDR} in October, 1990, the property was rezoned to RL (Low Density Residential). At their meeting of March 23, 2005, the Site Plan Review and Appearance Board {SPRAB) granted site plan approval for athree-story, 6-unit fee-simple townhouse- type development an the subject property. The plat currently before the Board is required for townhouse type developments and was listed as a condition of approval of the site plan by SPRAB. `_ ~ PRO~,E~~~P~AT,DESCRit~r~Or The proposed developmen# consists of 6 dwelling units located on a 1.04 acre site with an overall density of 5.77-units per acre. At its meeting of March 15, 2005, the City Commission approved an amendment to the RL zoning district regulations (LDR Section 4.4.5) to include performance standards for residential development that exceeds the base density of 3 dwelling units per acre {6 dulac maximum), require a recreational component where appropriate and change the reviewing Board for the .performance standardfrom the Planning and Zoning Board to the Site Plan Review and Appearance Board and the Historic Preservation Board. The development proposal is to demolish the existing single family house and construct six {6), three-story townhouse structures with stand alone 2 and 3 car garages (accessed from northlsouth alley along the west side of the property). The units range in size from 5,508 square feet to 5,717 square feet and each unit will have individual swimming pools and outdoor patios.. The individual townhouse lots will range in size from 32.31 feet to 49.65 feet wide by 179.37 feet to 210.97 feet deep. P&Z Board S#aff Report April T$, 20fl5 Ocean Terraces of Delray Beach - Pla# Page 2 An "auto court" wil! be constructed along the east side of each townhouse to provide access firom Palm Trail. The northlsouth alleyway along the west side of the property will be improved and be utilized far garage access to the rear. A 5' wide right-of-way dedication will be provided along the west edge of the property and a 5' wide concrete sidewalk will be installed within the right-of--way for Palm Trail for pedestrian access. Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - FutureLand Use__ Map: The resulting use of land or structures must be allowed In the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map, The subject property has a Future Land Use Map designation of MD {Medium Density Residential 5-12 dulac) and is currently zoned RL {Low Density Residential). The RL zone district is consistent with the MD Future Land Use Map designation and the proposed multiple family {townhouse) development is allowed as a permitted use in the RL zone district [ref. LDR Section 4.4.5(8}(3}]. Based upon the above, it is appropriate to make a positive hnding with respect to consistency with the Future Land Use Map. Section 3.1.1 (B} -Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ~ Water service will be provided via connection to a proposed 8" water main to be installed along the west and north perimeter of the property which will tap into an existing 8" water main located within Palm Trail. ~ Sewer service will be provided to the site via service lateral connections to an existing S" sanitary sewer main located within Palm Trail. The addition of 6 multiple family units will have minimal impact on water and sewer demands as it relates to this level of service standard. The adopted Comprehensive P&Z BoarcE Staff Report April 18, 2005 Ocean Terraces of ©eiray Beach -Plat Page 3 Plan states that the City's Water Treatment Plant and South County Regional Was#ewater Treatment Plant have adequate treatment capacity for the City at build- out based upon the current Future Land Use Map designations. Streets and Traffsc: The proposed 6-unit townhouse development will generate 5 peak p.m. and 5 peak a.m. vehicle trips onto the surrounding roadway network. There is adequate capacity on the surrounding roadway network to accommodate the additional trips. !t is noted that according to the Palm Beach County Traffic Performance Standards Ordinance, residential developments east of I-95 are exempt from meeting concurrency. Thus, the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The proposed 6 residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be .collected prior to issuance of a building permit for each unit. A total fee of $3,000 will be .required of this development for parks and recreation purposes. Solid Waste: The proposed six (6) residential units will generate 11.94 tons of solid waste per year (6 units x 1.99 tons = 11.94 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system along the north, south and west sides of the property. The drainage plan indicates that roof tie-in will be provided for drainage to the exfiltration system. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Schools' The applicant has submitted the required letter of concurrency Determination to the Palm Beach County School District and the City has received the letter of approval. Section 3.1.1 (C) -Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan andlor Plat Actions} shalt be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. P&Z Board Staff Report April 18, 2005 Ocean Terraces of ©elray Beach -Plat Page 4 Section 3.'i .1 r~D) -Compliance with the Land Development Regulations: • LDR Section 4.3.3(0}(2) (Plat Required): Each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each unit must be shown on the plat. The plat depicts each unit as a separate lot and additional right-o~F way has been dedicated along the northlsouth alleyway. The submitted plat meets all other requirements. • LDR Section 6.9.3(B}{2)(Sidewalk Design Requirements): Pursuant to LDR Section 6.9.3{B){2), 5` wide sidewalks must be constructed within the street- right-of--way {or easement or tract) and must be constructed adjacent to the right-of-way {easement or tract) line. As previously mentioned, a a' wide concrete sidewalk will be installed within the right-of-way for Palm Trail for pedestrian access. • LDR Secto_n_5,3.1(Right-of--Way Dedication): Pursuant to LDR Section 5.3.9 {D){2), the required right-of way width for Palm Trail is 60' and 50' currently exist. Therefore, the development is respansib[e for the dedication of an additional 5' of right-of-way. However, pursuan# to LDR Section 5.3.9 (D)(4) (Reduction in Width), -the City Engineer upon a favorable recommendation by the Development Services Management Group (DSMG) may grant the reduction of right-of--way for existing streets. The City Engineer and DSMG have determined that the existing 50` of right-of-way is adequate. The required width of the alley along the west side of the property is 20' or the existing dominant width. In order to provide adequate vehicular access to the rear (west side} of the units, the applicant has provided a 5' dedication shown as Tract "A" and will improve the full width of the alley. The width of the alley along the north side of the property was previously considered as part of the Estuary residential project and the existing 9 5' width was accepted and developed as a pedestrian connection for residential properties to the west and north. It should be noted that the alley located at the southwest corner of the property was abandoned by City Resolution 5-99; therefore, additional right-of-way dedication is not necessary. P&Z Board Staff Report April 1$, 2005 Ocean Terraces of Delray Beach -Plat Page 5 Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan were conducted with the Site Plan and al[ applicable objectives or policies along with a discussian on how they are addressed is attached as Appendix "C"_ f °,,~~,.~ TEC L~~ 1TE1~! Technical comments from the Planning & Zoning Department and Environmental Services Departmen# are attached as Appendix "B°, and mus# be addressed prior to scheduling of the plat for City Commission consideration. ,. _ S REVIEW. ~Y 07H ER This project proposal is not within the geographical area requiring review by the Community Redevelopment Agency (CRA), Historic Preservation Board (HPB} or the Downtown Development Authority (DDA). Courtesy Notices: A courtesy notice has been sent to the following associations and civic organizations: PROD _ Progressive Residents of Delray - Presidents Council - Palm Trail - La Hacienda - 5ara Coen Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ~,'AS~ES~,r ENT AND CONCLUSIt]N ,. ', The development proposal to construct 6fee-simple townhouse units is consistent with the Zoning and Future Land Use Map designations far the subject property. Positive findings can be made with regard to Concurrency and Comprehensive Plan consistency, as well as LDR Section 3.2.3 (Standards for Plat Ac#ions}. The plat and engineering plans will require several technical modifications, as listed in "Appendix B" -. Technical Items section of this report, before it can advance to the City Commission. ~ .~,: aLT~NAY~ ~crlorls I A. Continue with direction. P&Z Board Staff Report April 9 $, 2005 Ocean Terraces of ©eiray Beach - Piat Page 6 B. Approve the preliminary plat and certify the final plat for Ocean Terraces ofi Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5{J} (Major Subdivisions), Section 3.2.3 (Standards for Site Plan andlor Plat Actions} and Section 3.1.1 (Required Findings for Land Use and Land Development Applications} of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Move a recommendation of denial to the City Commission of the request for a Final Plat approval for Ocean Terraces of Delray Beach, based upon a failure to make positive findings of fact and law contained in the staff report, and failing to make positive findings that the request and approval is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5{J) (Major Subdivisions), Section 3.2.3 {Standards for Site Plan andlor Plat Actions} and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulatians. ~°T~iF:F t•~~CO~n~ iEfl~r~+,aly Approve the preliminary plat and certify the final plat for Ocean Terraces of Delray Beach, by adopting the findings of .fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5{J} (Major Subdivisions}, Section 3.2.3 (Standards for Site Plan andlor Plat Actions} and Section 3.1.1 (Required Findings for Land Use and Land Development Applications} of the Land Development Regulations, subject to the following conditions: That all comments under the "Technical Items" section {Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachment: • Appendix "A" • +gPPendix 'B„ • Appendix "G" • Location Map Reduced Survey • Reduced Plat Reduced Site Plan S:1Plantting & ZoninglBOARD5IP&Z BbA12DIQcean Terraces of Delray Beach-1?lat.doc P&Z Board Staff Report April '18, 2005 Ocean Terraces of Delray Beach -Plat Page 7 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circula#ion. Not applicable Meets intent of standard X ©oes not meet intent B. Separa#ion of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consis#ent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modifcation will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned planned in a manner which is consistent with zoning designations. Not applicable Meets intent of standard X ©oes not meet intent for residential purposes shall be adjacent development regardless of F. Property shag be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. P&Z Baard Staff Report April 18, 2005 Ocean Terraces of Delray Beach -Plat Page 8 Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the s#ability of .nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their poten#ial to negatively impact the safety, habitability and stability of residential areas. if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident loco#ion, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a lea#ure of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projec#s having fewer than 25 units. Not applicable X (The provision of these recreational facilities for this infill development is not feasible and should be waived) Meets intent of standard Does not meet intent P&Z Board Staff Report April 9 8, 2005 Ocean Terraces of Delray Beach -Plat Page 9 a `~ ~t'" ~ ' ~ i y; ~' ~ a ~_ ~. n ~; ~ F ~~: ~ E `.C 1~1 ~ 1 C ~ L ' ~ Cry C? °M M'~~~ N T' ~ ' r ` r f . ~. j : ~ 1 1 The following comments must be addressed prior to scheduling the plat for City Commission: Planning & Zonin_q Department Comments Technical: 1. The City has not received responses from utility companies {FP&L, Florida Public Utilities Co. & BellSouth) concerning the necessary easements at the time this letter was written. The Final Plat cannot proceed to City Commission until ALL responses have been received. 2. Please provide a copy of Deed recorded in Deed Book 93'[, Page 642 as listed as item #6 of the Ownership and Encumbrance Report prepared by Mr. Peter Weintraub, Esquire dated October 6, 2004. 3. Provide a copy of the Declaration of Covenants, Conditions and Restric#ions (Homeowners Documentation) far Ocean Terraces of Delray Beach Homeowner's Association, Inc. 4. Please provide a copy of the Articies of Incorporation #or Ocean Terraces of Delray Beach Homeowner's Association, Inc. Plat: '[. Please make sure the vicinity map {location map} being utilized on the plat is not copy righted. If so, provide a written letter of consent from the map publisher; otherwise, provide a replacement. 2. The vicinity map (loco#ion map} provided is an incorrect site location. Please correct this. 3. Since there will be a change in addresses, provide a signature area for the Fire Marshal under the City Approval Block. 4. Tie plat to a Section Corner. 5. Please replace the year A.D. 2004 with A.D. 2005 for locations where it appears. 6. Please provide distances, together with either angles, bearings, or azimuths for the centerline of Palm Trail per 1=.S. 177.091{22}. 7. Please replace Dorothy H. Wilken, Clerk Circuit Court with Sharon R. Bock, Clerk and Comptroller within the County Recording Block Section. P&Z Board Staff Report April 18, 2005 Ocean Terraces of Delray Beach - Pla# Page 10 Environmental Services Department Comments Plat: 1. Provide coordinates on afl P.R.M. 2. Provide digital copy of approved plat in format per City of Delray Beach Engineering. 3. Please revise dedication language to match City of Defray Beach Standard dedication language. 4. Add the Fire Marshal to the City Approval Block. 5. Tie Plat to a section corner. 6. Provide a detailed description of how each of these comments has been addressed with next submittal. 7. Additional comments may follow upon provision of requested information. Technical Comments: 1. Health Department permits are required for this project. Provide signed and sealed copies of the water permit. 2. Engineer's estimate for 29 997'.00 is approved. Please submit. A 110% surety and 2% engineering inspection fees 30 542.00 before building permit is issued. A Financial Guarantee and Agreement for Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Defray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. 3. Provide a detailed description of how each of these comments has been addressed with next submittal. P&Z Board Staff Report April 18, 20U5 Ocean Terraces of [7elray Beach -Plat Page 11 Open Space and Recreation Element Policy A-3.1 -Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 2~ units. As there are only 6-units, it is not practical to require a common tat lot or recrea#ion areaslswimming pools. In this situation, the requirement should be waived and the installation of a swimming pool or playground equipment should be left to the individual property/unit owners. It is noted that the site plan indicates that al! 6 units have private swimming pool options. Future Land Use Element Ob'ective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and o#her applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property was previously developed and has an existing single family house. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed townhouse development and the development will be complimentary with the surrounding residential neighborhood. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. The City has received several letters and a petition from surrounding residents in opposition to the proposed development. The concern expressed by these residents is the improvement of the north-south alley along the west side. of the project and the resulting vehicular access from Denery Lane. The concerned citizens indicate that they utilize the unimproved alley for recreational purposes such as walking, jogging,. biking, children playing, and dog-walking together with informal neighborhood gatherings. The applicant has submitted a traffic statement that indicates the proposed townhouse project will generate a net increase of 32 average daily trips with a net increase of 5 p.m. peak hour trips. The trips generated by the proposed development are a negligible increase in the vehicle trips that utilize Denery Lake. The proposed development will utilize the public alley far its intended purpose as an accessway. The use of the public alley by the neighboring residents will not be adversely affected by the proposed development. 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'+ ~ ~ Q x x " ~ 1- s ti DENERY LANE" Q a Q -, w ¢ x ~ U o` Q BOND WAY ~ ~ ~ ~ n a ~ o ~ ~ Z WfTHERSPOON LANE ~ McKEE LN. .z m ~ ~ ~~ w a a x ''' ~.i ~ INLET z z a COVE CONDO a GEORGE 8U5N BOULEVARD N ~- OCEAN TERRACE TOWNHOMES CITY OF DELRAY BEACH, fL PLANNING & ZONING dE?ARTMENT -- WL/lAL tiA]t MAY .~Y~lEM -- MqP REF: Lh1825 PLANNING AND ZONING BOARD CIYY OF DELRAY BEACH ---STAFF REPdRT--- MEETING DATE: April 18, 2005 AGENDA ITEM: v.c. ITEM: Combined PrefiminarylFinal Subdivision Plat approval far a 6-lot townhouse type development named Ocean Terrace of Delray Beach, located on the west side of Palm Trail, approximately 180 feet north of Bond Way. GENERAL DATA: Owner ......................................... Ocean Terrace at Delray Beach, LLC Agent .................................... John Grant Jr., lnc. Applicant ..........................•--------- Joseph Grenadier Location ...................................... West side ofi Palm Trail, approximately 180' north of Bond Way,{1206 Palm Trail). Property Size .............................. 1.04 Acres Future Land Use Map ............... MD (Medium Density Residential 5-12 dulac) Current Zoning ............................ RL (Low Density Residential} Adjacent Zvning ......:.........North:- RL Fast: RL & C^ (Conservation District} South: RL West: Existing Land Use ...................... Proposed Land Use ................... Water Service .......................... Sewer Service ............................ RL Single i='amity Residential and vacant lat. Construction of a 6-unit townhouse development. Available via installation of an 8" water main along the west and north perimeter of the property which will connect to an existing 8" water main in Palm Trail. Available via service lateral connections to an existing 8" sewer main in Palm Trail. V.C. ~' "` ~ ~~TEM BEF THE HARD ~ .~- The item before the Board is that of approval of a combined preliminarylfinal plat for an 6-unit fee simple townhouse development known as Ocean Terraces ofi Detray Beach. The subject property is located on the west side of Palm Trail, approximately 180` north of Bond Way. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. ACKO~~i1ND ` The subject property consists of Lots 28 through 31, inclusive, Block 1 of Kenmont Subdivision and contains 1.04 acres. A 1,927 square foot single family home built in 1955 exists across tots 30 and 31 while Lots 28 and 29 are vacant. The subject property is immediately adjacent to and south of the Estuary town house development. On December 13, 1988, the subject property was annexed into the City with the R-1-A {Single Family Residential) zoning district designation via Ordinance No. 145-88. With the Citywide rezoning and adoption of the Land Development Regulations {LDR} in October, 1990, the property was rezoned to RL (Low Density Residential). At their meeting of March 23, 2005, the Site Plan Review and Appearance Board {SPRAB) granted site plan approval for athree-story, 6-unit fee-simple townhouse- type development an the subject property. The plat currently before the Board is required for townhouse type developments and was listed as a condition of approval of the site plan by SPRAB. `_ ~ PRO~,E~~~P~AT,DESCRit~r~Or The proposed developmen# consists of 6 dwelling units located on a 1.04 acre site with an overall density of 5.77-units per acre. At its meeting of March 15, 2005, the City Commission approved an amendment to the RL zoning district regulations (LDR Section 4.4.5) to include performance standards for residential development that exceeds the base density of 3 dwelling units per acre {6 dulac maximum), require a recreational component where appropriate and change the reviewing Board for the .performance standardfrom the Planning and Zoning Board to the Site Plan Review and Appearance Board and the Historic Preservation Board. The development proposal is to demolish the existing single family house and construct six {6), three-story townhouse structures with stand alone 2 and 3 car garages (accessed from northlsouth alley along the west side of the property). The units range in size from 5,508 square feet to 5,717 square feet and each unit will have individual swimming pools and outdoor patios.. The individual townhouse lots will range in size from 32.31 feet to 49.65 feet wide by 179.37 feet to 210.97 feet deep. P&Z Board S#aff Report April T$, 20fl5 Ocean Terraces of Delray Beach - Pla# Page 2 An "auto court" wil! be constructed along the east side of each townhouse to provide access firom Palm Trail. The northlsouth alleyway along the west side of the property will be improved and be utilized far garage access to the rear. A 5' wide right-of-way dedication will be provided along the west edge of the property and a 5' wide concrete sidewalk will be installed within the right-of--way for Palm Trail for pedestrian access. Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - FutureLand Use__ Map: The resulting use of land or structures must be allowed In the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map, The subject property has a Future Land Use Map designation of MD {Medium Density Residential 5-12 dulac) and is currently zoned RL {Low Density Residential). The RL zone district is consistent with the MD Future Land Use Map designation and the proposed multiple family {townhouse) development is allowed as a permitted use in the RL zone district [ref. LDR Section 4.4.5(8}(3}]. Based upon the above, it is appropriate to make a positive hnding with respect to consistency with the Future Land Use Map. Section 3.1.1 (B} -Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ~ Water service will be provided via connection to a proposed 8" water main to be installed along the west and north perimeter of the property which will tap into an existing 8" water main located within Palm Trail. ~ Sewer service will be provided to the site via service lateral connections to an existing S" sanitary sewer main located within Palm Trail. The addition of 6 multiple family units will have minimal impact on water and sewer demands as it relates to this level of service standard. The adopted Comprehensive P&Z BoarcE Staff Report April 18, 2005 Ocean Terraces of ©eiray Beach -Plat Page 3 Plan states that the City's Water Treatment Plant and South County Regional Was#ewater Treatment Plant have adequate treatment capacity for the City at build- out based upon the current Future Land Use Map designations. Streets and Traffsc: The proposed 6-unit townhouse development will generate 5 peak p.m. and 5 peak a.m. vehicle trips onto the surrounding roadway network. There is adequate capacity on the surrounding roadway network to accommodate the additional trips. !t is noted that according to the Palm Beach County Traffic Performance Standards Ordinance, residential developments east of I-95 are exempt from meeting concurrency. Thus, the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The proposed 6 residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be .collected prior to issuance of a building permit for each unit. A total fee of $3,000 will be .required of this development for parks and recreation purposes. Solid Waste: The proposed six (6) residential units will generate 11.94 tons of solid waste per year (6 units x 1.99 tons = 11.94 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system along the north, south and west sides of the property. The drainage plan indicates that roof tie-in will be provided for drainage to the exfiltration system. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Schools' The applicant has submitted the required letter of concurrency Determination to the Palm Beach County School District and the City has received the letter of approval. Section 3.1.1 (C) -Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan andlor Plat Actions} shalt be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. P&Z Board Staff Report April 18, 2005 Ocean Terraces of ©elray Beach -Plat Page 4 Section 3.'i .1 r~D) -Compliance with the Land Development Regulations: • LDR Section 4.3.3(0}(2) (Plat Required): Each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each unit must be shown on the plat. The plat depicts each unit as a separate lot and additional right-o~F way has been dedicated along the northlsouth alleyway. The submitted plat meets all other requirements. • LDR Section 6.9.3(B}{2)(Sidewalk Design Requirements): Pursuant to LDR Section 6.9.3{B){2), 5` wide sidewalks must be constructed within the street- right-of--way {or easement or tract) and must be constructed adjacent to the right-of-way {easement or tract) line. As previously mentioned, a a' wide concrete sidewalk will be installed within the right-of-way for Palm Trail for pedestrian access. • LDR Secto_n_5,3.1(Right-of--Way Dedication): Pursuant to LDR Section 5.3.9 {D){2), the required right-of way width for Palm Trail is 60' and 50' currently exist. Therefore, the development is respansib[e for the dedication of an additional 5' of right-of-way. However, pursuan# to LDR Section 5.3.9 (D)(4) (Reduction in Width), -the City Engineer upon a favorable recommendation by the Development Services Management Group (DSMG) may grant the reduction of right-of--way for existing streets. The City Engineer and DSMG have determined that the existing 50` of right-of-way is adequate. The required width of the alley along the west side of the property is 20' or the existing dominant width. In order to provide adequate vehicular access to the rear (west side} of the units, the applicant has provided a 5' dedication shown as Tract "A" and will improve the full width of the alley. The width of the alley along the north side of the property was previously considered as part of the Estuary residential project and the existing 9 5' width was accepted and developed as a pedestrian connection for residential properties to the west and north. It should be noted that the alley located at the southwest corner of the property was abandoned by City Resolution 5-99; therefore, additional right-of-way dedication is not necessary. P&Z Board Staff Report April 1$, 2005 Ocean Terraces of Delray Beach -Plat Page 5 Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan were conducted with the Site Plan and al[ applicable objectives or policies along with a discussian on how they are addressed is attached as Appendix "C"_ f °,,~~,.~ TEC L~~ 1TE1~! Technical comments from the Planning & Zoning Department and Environmental Services Departmen# are attached as Appendix "B°, and mus# be addressed prior to scheduling of the plat for City Commission consideration. ,. _ S REVIEW. ~Y 07H ER This project proposal is not within the geographical area requiring review by the Community Redevelopment Agency (CRA), Historic Preservation Board (HPB} or the Downtown Development Authority (DDA). Courtesy Notices: A courtesy notice has been sent to the following associations and civic organizations: PROD _ Progressive Residents of Delray - Presidents Council - Palm Trail - La Hacienda - 5ara Coen Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ~,'AS~ES~,r ENT AND CONCLUSIt]N ,. ', The development proposal to construct 6fee-simple townhouse units is consistent with the Zoning and Future Land Use Map designations far the subject property. Positive findings can be made with regard to Concurrency and Comprehensive Plan consistency, as well as LDR Section 3.2.3 (Standards for Plat Ac#ions}. The plat and engineering plans will require several technical modifications, as listed in "Appendix B" -. Technical Items section of this report, before it can advance to the City Commission. ~ .~,: aLT~NAY~ ~crlorls I A. Continue with direction. P&Z Board Staff Report April 9 $, 2005 Ocean Terraces of ©eiray Beach - Piat Page 6 B. Approve the preliminary plat and certify the final plat for Ocean Terraces ofi Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5{J} (Major Subdivisions), Section 3.2.3 (Standards for Site Plan andlor Plat Actions} and Section 3.1.1 (Required Findings for Land Use and Land Development Applications} of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Move a recommendation of denial to the City Commission of the request for a Final Plat approval for Ocean Terraces of Delray Beach, based upon a failure to make positive findings of fact and law contained in the staff report, and failing to make positive findings that the request and approval is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5{J) (Major Subdivisions), Section 3.2.3 {Standards for Site Plan andlor Plat Actions} and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulatians. ~°T~iF:F t•~~CO~n~ iEfl~r~+,aly Approve the preliminary plat and certify the final plat for Ocean Terraces of Delray Beach, by adopting the findings of .fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5{J} (Major Subdivisions}, Section 3.2.3 (Standards for Site Plan andlor Plat Actions} and Section 3.1.1 (Required Findings for Land Use and Land Development Applications} of the Land Development Regulations, subject to the following conditions: That all comments under the "Technical Items" section {Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachment: • Appendix "A" • +gPPendix 'B„ • Appendix "G" • Location Map Reduced Survey • Reduced Plat Reduced Site Plan S:1Plantting & ZoninglBOARD5IP&Z BbA12DIQcean Terraces of Delray Beach-1?lat.doc P&Z Board Staff Report April '18, 2005 Ocean Terraces of Delray Beach -Plat Page 7 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circula#ion. Not applicable Meets intent of standard X ©oes not meet intent B. Separa#ion of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consis#ent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modifcation will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned planned in a manner which is consistent with zoning designations. Not applicable Meets intent of standard X ©oes not meet intent for residential purposes shall be adjacent development regardless of F. Property shag be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. P&Z Baard Staff Report April 18, 2005 Ocean Terraces of Delray Beach -Plat Page 8 Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the s#ability of .nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their poten#ial to negatively impact the safety, habitability and stability of residential areas. if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident loco#ion, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a lea#ure of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projec#s having fewer than 25 units. Not applicable X (The provision of these recreational facilities for this infill development is not feasible and should be waived) Meets intent of standard Does not meet intent P&Z Board Staff Report April 9 8, 2005 Ocean Terraces of Delray Beach -Plat Page 9 a `~ ~t'" ~ ' ~ i y; ~' ~ a ~_ ~. n ~; ~ F ~~: ~ E `.C 1~1 ~ 1 C ~ L ' ~ Cry C? °M M'~~~ N T' ~ ' r ` r f . ~. j : ~ 1 1 The following comments must be addressed prior to scheduling the plat for City Commission: Planning & Zonin_q Department Comments Technical: 1. The City has not received responses from utility companies {FP&L, Florida Public Utilities Co. & BellSouth) concerning the necessary easements at the time this letter was written. The Final Plat cannot proceed to City Commission until ALL responses have been received. 2. Please provide a copy of Deed recorded in Deed Book 93'[, Page 642 as listed as item #6 of the Ownership and Encumbrance Report prepared by Mr. Peter Weintraub, Esquire dated October 6, 2004. 3. Provide a copy of the Declaration of Covenants, Conditions and Restric#ions (Homeowners Documentation) far Ocean Terraces of Delray Beach Homeowner's Association, Inc. 4. Please provide a copy of the Articies of Incorporation #or Ocean Terraces of Delray Beach Homeowner's Association, Inc. Plat: '[. Please make sure the vicinity map {location map} being utilized on the plat is not copy righted. If so, provide a written letter of consent from the map publisher; otherwise, provide a replacement. 2. The vicinity map (loco#ion map} provided is an incorrect site location. Please correct this. 3. Since there will be a change in addresses, provide a signature area for the Fire Marshal under the City Approval Block. 4. Tie plat to a Section Corner. 5. Please replace the year A.D. 2004 with A.D. 2005 for locations where it appears. 6. Please provide distances, together with either angles, bearings, or azimuths for the centerline of Palm Trail per 1=.S. 177.091{22}. 7. Please replace Dorothy H. Wilken, Clerk Circuit Court with Sharon R. Bock, Clerk and Comptroller within the County Recording Block Section. P&Z Board Staff Report April 18, 2005 Ocean Terraces of Delray Beach - Pla# Page 10 Environmental Services Department Comments Plat: 1. Provide coordinates on afl P.R.M. 2. Provide digital copy of approved plat in format per City of Delray Beach Engineering. 3. Please revise dedication language to match City of Defray Beach Standard dedication language. 4. Add the Fire Marshal to the City Approval Block. 5. Tie Plat to a section corner. 6. Provide a detailed description of how each of these comments has been addressed with next submittal. 7. Additional comments may follow upon provision of requested information. Technical Comments: 1. Health Department permits are required for this project. Provide signed and sealed copies of the water permit. 2. Engineer's estimate for 29 997'.00 is approved. Please submit. A 110% surety and 2% engineering inspection fees 30 542.00 before building permit is issued. A Financial Guarantee and Agreement for Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Defray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. 3. Provide a detailed description of how each of these comments has been addressed with next submittal. P&Z Board Staff Report April 18, 20U5 Ocean Terraces of [7elray Beach -Plat Page 11 Open Space and Recreation Element Policy A-3.1 -Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 2~ units. As there are only 6-units, it is not practical to require a common tat lot or recrea#ion areaslswimming pools. In this situation, the requirement should be waived and the installation of a swimming pool or playground equipment should be left to the individual property/unit owners. It is noted that the site plan indicates that al! 6 units have private swimming pool options. Future Land Use Element Ob'ective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and o#her applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property was previously developed and has an existing single family house. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed townhouse development and the development will be complimentary with the surrounding residential neighborhood. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. The City has received several letters and a petition from surrounding residents in opposition to the proposed development. The concern expressed by these residents is the improvement of the north-south alley along the west side. of the project and the resulting vehicular access from Denery Lane. The concerned citizens indicate that they utilize the unimproved alley for recreational purposes such as walking, jogging,. biking, children playing, and dog-walking together with informal neighborhood gatherings. The applicant has submitted a traffic statement that indicates the proposed townhouse project will generate a net increase of 32 average daily trips with a net increase of 5 p.m. peak hour trips. The trips generated by the proposed development are a negligible increase in the vehicle trips that utilize Denery Lake. The proposed development will utilize the public alley far its intended purpose as an accessway. The use of the public alley by the neighboring residents will not be adversely affected by the proposed development. This area will remain in the public domain and will increase by 5' via the dedica#ion by the applicant. in fact, this area will become more usable for the stated recreations! purposes since the alley will be improved. In summary, the proposed townhouses are compatible with the surrounding community and will be complimentary to the adjacent uses. >- 2 ~ ALLEN AVE. F` ~ _ ~ ~ o ~ O R K ~ f ' ~~-J U Q Y WAY ~ Q D ~ THE ~ EASTV~Ew Avg. ~ ESTUARY d ~ r O LAKE AVENUE N. ~ z N.E. 14TH ST. (LAKE AVE.) O Z ~ ~-- LAKE AVENUE S. 3 ~'' Q ~ ~ ~ ~ ~ 4ENERY LANE Q Q `~ x ` a a U o d BONL7 WAY ~ ~ O M O ~ 4 w ~ O ¢ Q Z WITHERSPOON LANE ~ McKEE LN. z = ~ x r ~ ~ ~i a ~ x z ,,; ~ INLET ~ ¢ COVE CONDO a GEORGE BOSH BOUE.EVARb N -~ OCEAN TERRACE TOWNHOMES CITY DF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- D!ClTAL &ISE MAP 5YSTEM -- lAP,P REF: LM826 f "> ~ ~ z o ~o `lp x m r S > a ~M~ ~ 1 . . 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P 4rA IF .~~ ~ aia ,;~ ~QHO~ ~ x I i~e ,l,l J1J1 [~[ ~ T~~NJ~ ~ ~ ~ ~ G III ~Y I ~ ~ ~~0~ ~ ~ ; I N ~1 ~~~ ~ 4 ~ y~'C?©1~-~` d~ I Q<?~6~D0 lil N.I U I ICI III ©o~a ~~~`2 ~ ~ .mac I ~ 3GAffL I I I ~yl ~ I I 1 W " I n I I v I ! r Q ~n I ' ~~ ~ d I kart ~ ~ z ~ ms ~ ~ $ - - s ~~ } _ ~rl, ~ . ~ ail : ~ I ~~~ j ~7 t I ~ I ~' _~ ; ~ 9 ~~ Vii. i ' 1 ~ I~~ ~' ~ I i I ~ YW sal I ' ICI ~ il~ .~ ,~ ,Q.d ~i i N r1 ' s _r ~ ~ S9 i s I Y~j 1 ~~ r ~~~ _ ! 1 n ~ `'o I ~ 'B'd 213i1'~`1~i ;46 ~ a ~ 1 ~ dG, ~I ~ ~ ( ~ I yo 1 ~ ~ ~ I 1 ~~ r ~ ~,~ tll ~ S~ l b ~ 11 ~o p ~ ~0. ~ ~ 3 ~~ { nYw =..x~..b ~,,.,.~ ... ~ .q ,. ,.. .. ~~-r a-cWS-ani-~r~~xaiv~ "sx e6oa I®olao s ~ ~vo w aa/nR = ~ i~:~ MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 11, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 ACCEPTANCE OF EASEMENT DEED/CONGRESS PARK OWNER'S ASSOCIATION, INC. ITEM BEFORE COMMISSION This item is before the Commission to accept an easement deed from the Congress Park Owners Association for the installation of water and sewer mains outside the property lines of the Alta Congress Development. BACKGROUND Alta Congress is a proposed development along the west side of Congress Avenue between SW 10th Street and West Atlantic Avenue. The proposed development will include residential rental units. This project is the first development within the newly created Mixed Residential, Office and Commercial (MROC) District. A portion of the improvements will be constructed outside the property lines of Alta Congress. Therefore an easement deed from the abutting property owner is required prior to issuing a building permit. This easement deed will cover the portion of the work that is to be constructed outside the property lines of Alta Congress. RECOMMENDATION Staff recommends acceptance of easement deed. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this day of 200_, by and between CONGRESS PARK OWNER'S ASSOCIATION, INC., with a mailing address of 120 #B S. University Drive, Plantation, Florida 33324, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. lst Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a water/ sewer main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water/sewer main well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- describedproperty. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. U:Awwdata\agenda\agenda info 3.18.08\Doc 4- Off-Site Water Sewer Ea~ement from HOA.doc Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #l: PARTY OF THE FIRST PART CONGRESS PARK OWNER'S ASSOCIATION, INC. By: Its: (name printed or typed) WITNESS #2: (name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_ by (name of officer or agent), of (name of corporation), a (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did/did not take an oath. (SEAL) Signature of Notary Public State of U:Awwdata\agenda\agenda info 3.18.08\Doc 4- Off-Site Water Sewer EaS~ement from HOA.doc ETH ®LY NAT U~iD~RI' SU1~~ LEGAL_ DESGRIPTI®N A PARCEL OF LAND BEING A PORTION OF TRACTS "A-2", AND "G", CONGRESS PARK REPEAT, A5 RECORDED IN PLAT ®00K 86, AT PAGES 29 AND 30 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING PORE PARTICULARLY DESCRIBED AS FOLLOWS: COMIv9ENCING AT THE SOUTHEAST CORNER OF SAID TRACT "A-2"; THENCE NORTH 00'00'00" EAST ALONG THE EAST LINE OF SAID TRACT "A-2", A DISTANCE OF 32.'77 FEET; THENCE SOUTH 90"00'00" WEST, A DISTANCE OF 1 04.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE SOUTH 90`00'00" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 00'00°00" WEST, A DISTANCE OF 4.39 FEET; THENCE NORTH 90°00'00" WEST, A DISTANCE OF 25.54 FEET; THENCE NORTH 00'00'00" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 90°00'00" EAST, A DISTANCE OF 55.54 FEET; TI-IENCE SOUTH 00'00'00'° EAST, A DISTANCE OF 14.39 FEET TO THE POINT OF BEGINNING AFORE DESCRIBED. SURVEYORS NOTES: 1. NO SEARCH OF THE PUBLIC RECORDS WAS DONE BY THIS OFFICE. 2. THE BEARINGS AS SHOWN HE REON ARE BASED ON THE EAST ~ LINE OF TRACT "A-2", CONGRESS PARK REPEAT AS RECORDED IN PLAT BOOK 86 PAGES 29 AND 30, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA HAVING A BEARING OF NORTH 00'OQ'00" EAST AND ALL OTHER BEARINGS ARE RELATIVE THERETO. L E G E N D ~ CENTERLINE P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.B. = PLAT BOOK D.R.B. = OFF1ClAL RECORD BOOK PG. = .PAGE UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPES~'~ THIS DRAWING, MAP, SKETCH OR PLAT IS FOR INFORMATION PURPQSIS ONLY AND iS NOT VALID. DATE ~ ~ S ®~ ~ ,~.~ ,.~- CRAIG .PUSSY PROFESSIONAL SU~VkY~R AND MAPPER FLORIDA CERTIFICATE N0. 5019 Landmark Surveying do Mapping Inc. CITY ®- DELRAY BE~4CN 1850 FOREST HILL BOUE.EVARD, SUITE 100 WEST PALi~ BEAEH, FL 3J40B FHOkE ~LB5~43963-5405 LI~F®T S~~TA®AT\I11®I~ FIELD: N/A DRAWN: ~.B.S. SCAE.~: N/A SEIVI EI VT BOOK: N A ©AT'E: DEC. V~ PROD. FI4EL7V~ PAGE: ~ A ORECKED: C.S.P. CAODFILE RRTS SHEET N0. 1 OF ~ JOB N0. ~7O`J a SKETCH ®NLY NAT UNDAR~ SURVEY o' souTHERN BELL EASEMENT ( O.R.B. 3579. PG. 761 ) TRACT "~'$ ( PLAT BOOK 86, PAGES 29 & 30 ) TRACT A-- 2 ( PLAT BOOK 86, PAGES 29 & 30) ~ w ~ S 90'00'00"E S 00'0000"E 0 0 55.54` 14.39 o~ 0 N z~r_. _,.....,.._.....~ S 90°00'00°'W ~ - ~ i .. .~... ~ _~"104.88' - ~ L5.54' ~-J ~ 7 fF oN w z FQ ~~ I ~~ ~ ~ 0 0 o ° I ~ co O Z N 90 00 00 W ~ 30.00' °o cn S 90'00'00"W ~ r ~' ©~ f © Q.Q.C. z 1 ~ I SOUTHEAST CORNER OF TRACT "A-2" CONGRESS PARK REPEAT ~ 12' STORM ~ PLAT SOOK 86, PAGES 29 ~ 30) sEwER EASEMENT ~ ( P.B. 44, PG. 194) l 1 ~~ r TRACT E-~ 2 PLAT BOOK 44, PAGES 194 -195 U ~ yr m ~~rn o°~ ~ o ~= ~ ~,~~- ~~m ~~~ ~© ~~ I o¢ ~~ z ~, J VD W Z / O W LEI C~ Z Q C3~ L~ndrr~c~rk Starveyir~g dt M®pping Ins. 1850 F~2ESi HIf.E. BOULEVARd, SIEIiE SOd CITY QF DELRAY BEACH WEST PAL~A BEACH, Fl 33406 PNdNE iL~5;~4}38fi3^5405 ~' ~ ~`T®Z~(`~~ FIELD: N~/y DRA'M~: ~,B,S, SCALE:1" 40' 1p1p~~ C dE1Y1EI~T I Aa 800K: ~ A DATE; ~EC.~ O7 PROJ. FILE 2705 ... . RACE: N ~ CHECKED: C.S.P. CADOF#LE RRTS SHEET N0. ~ OF '~ JOB N0. ~7©~ ~--+ v, O U m Q =a a° ~= ~ M r' Y° _ OHO ~~ ~- oLL .~ a. Z ~_ C~ U (~ N m (~ L 0 0 N 07 r M MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 11, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 CHANGE ORDER NO. 1/CHAZ EQUIPMENT COMPANY, INC./WEST ATLANTIC WATER MAIN PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve Change Order No. 1 in the net amount of $30,057.50 to Chaz Equipment Company, Inc. for modifications to the asphalt trench restoration, as required by the Florida Department of Transportation (FDOT), for the West Atlantic Water Main Project #2004-034. BACKGROUND The West Atlantic Water Main Project was bid on January 10, 2008. On January 17, 2008 the City received the FDOT permit requiring increased asphalt depth for the trench patch over the water main installation. FDOT is requiring that the limerock base depth be increased from 12" to 15" and that the asphalt depth be increased to match the existing depth of 3"; both of these changes are increases over the bid specifications. In addition, the permit requires additional 45 degree fittings at the two drainage locations. The attached Schedule "A" to Change Order No. 1 details all additional costs associated with this change order. FUNDING SOURCE Funding is available from #441-5161-536-65.24 (Water/Sewer Fund/Other Improvements/W. Atlantic Ave. Phase III) after a budget transfer. RECOMMENDATION Staff recommends approval of Change Order No. 1 in the net amount of $30,057.50 to Chaz Equipment Company, Inc. for modifications to the asphalt trench restoration, as required by the Florida Department of Transportation (FDOT), for the West Atlantic Water Main Project. CITY Off' IIELitAY BEACH CHANGE ORT)ER TO ORIGTNAL C©NTRACT CHANGE NO. 1 PROJECT NO. 2004-034 DATE: PROJECT TITLE: West Atlaattic Water 1VTain Project TO CONTRACTOR: Chaz Equipment Company, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWI1vrG CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PRT'ORM THE WORK ACCORDINGLY, SUBJECT TO ALL. CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT 5309.110.00 COST Op' CONSTRUCTION CHANGES PREVIOUSLY ORDERED 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 5309,110.00 COST OF CONSTRUCTION CHANGES THIS ORDER $30.057.50 ADJUS'T'ED CONTRACT AMOUN"f INCLUDING THIS CHANGE ORDER $339,167.50 PER CENT INCREASE THIS CHANGE ORDER a-9.72% TOTAL PER CENT INCREASE TO DATE +9.72 CERTIFIED STATEMENT: I hereby certify that the supporting cast data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Chaz I+',quipment Co., Inc. {Contractor to sign ~ seal) TO BE FILLED OUT I3Y DEPARTIvIENT IIv~ITIATING CHANGE ORDER Funding is available Pram account: DEPARTMENT FUNDING DELRAY BEACH, FLORIDA by its City Commission RECOMMIiND: APPROVED: Environmental Services City Attorney 5:1En~,AcEzninlPanfecYS''i2004'~2004-93~10~'~CTALVChaz C01 GC 037808.doc Icy: Mayor ATTEST: By: City Clerk CERTIFIED BY I '~ i .. ~, - -. a- _. .. '. 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TC~e~e mere aCso died :~ perrr~it to t~~ :r~~~jec~ i~Y fhe C7.C7'. !' ~. .,~rr~rt.oE;pi~..,_ ~~ t~. - :c;cy fn..: v:~.;i tie ,t~:~taCiett with the u~~~c ..~n:~ 'rE~est f1u~F`stsr~ r~?ao p,c~ie:# ~a_ r.:; ~• ~r.r.s~u :~n~#~cpe t~~de~. At i:~-re ~ti~.~ '':~! r ,.fie t~~~ti,;n= Sr~~::~~,~ i~n.the perrr:rt:;.. ~.~~ns 3he. u~aicr r .~.^.r;, ~tCl e ~ffsc ~a~iiizr-r~ _~~~ X43 adiiitiGt~ai ~5 c~~re~ fG i ~:~ri- ioc2ti,a+~ Fear a tr~t~i r*f ~ ~i -. - .._.t,~n~r. 'fitfir~~s ~ijed~tCed f~~. 3 _, -_.~ iice ~Cgh~ elific~nai f~tti,i~s.sho °~ cr rr~ C~~r+,-3C rand C~r.,,~o~:x ~i ~rriY ~ are 3v:- ::r.i;;:!i~~fin: fhe a<<! . Er,i~ur~t: Thr:> unir pace ir~ci!~des ~rttir~g~ att~i assc~cratec.; °~~_t dints req~iihe: ~zr each fitiic~' r~~r ~i1..U~tr~int ~ciecit~ie ~ho~vn or `i=.= >~ir~~, - ~.C.'L:' ~~~~ ,6 FFwT ~ ~~d~8: ~. re11_.:"2'~~e~~14 t' yp~lE ~-~a,.`it . amt Vt~. If #t~~ -.'.; eye i accpt~~~~: ,.r~~ _,_ iss~~r~ ~r ~ilan~e C)rder tr us: i" ~ ~a' :r, ~t;urits wili iae dottin: Eew by t.~,~ , ~~~.1 ~tairsCr ~ ~ir k tr~s insta[i°~i ~, ~~ rz,~i_~d ur~rtp:~ring per s~hedrt(e:f~sA+«:c_;:~;~c#. ~ir~~i~1 '~ ~' ~ ~`~_`~ 'B~iCe ~€E~:CGiI~ MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 10, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 SERVICE AUTHORIZATION N0.07-04/MATHEWS CONSULTING, INC./AREA 11 & 12 RECLAIMED WATER SYSTEMS ITEM BEFORE COMMISSION Service Authorization #07-04 to Mathews Consulting, Inc. in the amount of $32,087.00 for professional engineering services in the design of Area 11 and 12 Reclaimed Water Systems, P/N 2008-048. BACKGROUND The City has successfully completed Areas 1, 2, and 3 as identified in the Reclaimed Water Master Plan (adopted in 2003). Area 4 will be completed by the end of Summer 2008. The next areas identified for supplying reclaimed water are Areas 11 and 12. These areas are more specifically identified as sections on the Barrier Island, north and south of Atlantic Avenue. Services under this authorization include a Study and Report Phase consisting of providing corridor analysis for pipeline routing and investigation of the existing 16" force main for conversion to a reclaimed transmission main, and if viable, recommend options for rehabilitation ($14,492); a Preliminary Design Phase including preliminary engineering design for converting a portion of the existing wastewater booster pump station on NE 3rd Street to a reclaimed booster pump station, design of approximately 18,500 linear feet of reclaimed water mains (approximately 9,701 if for Area 11, 8,784 If for Area 12), and providing a preliminary opinion of probable construction cost ($12,542); Surveying services ($4,303); and Out-of- Pocket reimbursable expenses for printing, reproductions, and postage ($750). Total cost for this authorization is $32,087. Not included is the need for additional services due to uncertainties discovered during surveying and soils investigations. Such services, if needed, will require written authorization from the City; estimated not to exceed $10,000. REVIEW BY OTHERS FUNDING SOURCE Funding is available from account #441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water Transmission. RECOMMENDATION Staff recommends approval of Service Authorization #07-04 to Mathews Consulting, Inc. in the amount of $32,087.00 for professional engineering services relating to Area 11 and 12 Reclaimed Water Systems, P/N 2008-048. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO._ _ 07-04 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. TITLE: Area 11 and 12 Reclaimed Water System ,, ._,..__ This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: A reement fox General Consultin En ineerin Services I. PRO.IECT DESCRIPTION The City of Delray Beach has adopted a Reclaimed Water Master Plan (RWMP), {prepared by Mathews Consulting, Inc., October, 2003} which identifies areas of service for the City's new reclaimed water system. The purpose of the RWMP is to serve as a planning document from which a reclaimed water system can 6e developed in phases as capital improvements are budgeted and scheduled through a designated time frame. The first project identified far implementation in the RWMP was "Area 1" and was placed in operation in 2005. The second project{s} identified for implementation in the RWMP were "Area 2" and "Area 3" and they were placed in operation in 200b. The third project identified for implementation in the RWMP was "Area 4". The "Area 4" project is scheduled far construction to begin in March 2008. The next project identified for implementation is "Area 11" and "Area 12". The proposed reclaimed water system for "Area 11" and "Area 12" and construction cost opinion is shown in Attachment A {Figure 5-12 and Figure 5-13 from RWMP). This project involves providing corridor analysis for pipeline route (transmission and distribution system), investigating condition/rehabilitation of existing 16" force main that will be converted to reclaimed water main, and preliminary engineering design for a reclaimed water booster pump station. The reclaimed water booster pump station was originally identified in Area 10 of the RWMP. The total length of reclaimed water mains for "Area 11" is approximately 9,701 feet with diameters ranging from 6-inch to 18-inch. The total length of reclaimed water mains for "Area 12" is approximately 8,784 feet with diameters ranging from 6-inch to 12-inch. RWMareal 1 & 12contract02126/08 II. SCOPE OF SERVICES Phase I -Study and Report Phase Consultant shall provide preliminary design phase services in accordance with Article III.A of the Agreement for Engineering Services with the City, dated May 30, 2008. Task 1. Corridor Analysis: Consultant shall provide detailed review of proposed reclaimed water main alignments that were identified in the RWMP as well as additional areas suggested by the City. Photograph log walk-through will be included. In addition, potential underground existing utilities will be identified. The review shall consist of verifying all required easements for the construction, including City of Delray Beach R-O-W and identifying any temporary or permanent easements. A preliminary opinion of probable construction cost shall also be prepared. A Letter Report will 6e prepared that will contain final design schematic layouts and will list any easements that will need to be obtained. Four (4} copies will be submitted in draft form for review by City. The final Letter Report will contain City comments and four (4) copies will be submitted. Task 2. Investigation of Existing 16" Force Main: Consultant shall assist the City in the investigation of the condition of the existing 16" subaqueous force main that will be converted to a reclaimed water main. The City will televise the 16" force main and based on the TV records, Consultant and City shall review and determine most cost effective rehabilitation method. A brief memo will be prepared that discusses the condition of the existing 16" force main and the rehabilitation methods {up to two} that could be utilized to place the pipe back into operation. A preliminary opinion of probable construction cost shall also be prepared. The findings will be contained in the Letter Report in Task 1 above. Task 3. Meetings: One {1} Kick-Off meeting will be held with City staff for the purpose of verifying the City's goals, objectives and standards for the project. One (1) workshop meeting will be held with City staff to discuss Draft Letter Report. One (1}meeting will be held with the City regarding discussing the TV records for the 16" force main. A total of three (3} meetings will be held under Phase I and Consultant shall provide a written summary of the issues discussed at each meeting. Task 4. QA/QC: Consultant shall provide internal QA/QC reviews on the Draft Letter Report. Phase II -Preliminary Design Phase Consultant shall provide preliminary design phase services in accordance with Article III.B of the Agreement for Engineering Services with the City, dated May 30, 2007. Task 1. Preliminary Design: Consultant shall provide 30% design for the reclaimed water in-line booster pump station. The existing wastewater booster pump station located at N.W. 3`d street and the F.E.C. Railroad is no longer needed for 100% wastewater RWMareal 1&12contract62/26108 2 pumping, and thus a portion of the station will be converted into a reclaimed water booster station. Anew reclaimed water suction and discharge line will be extended from the 36-inch effluent/reclai~ned water main along N.W. 3rd Street to the station. Two {2) of the four (4) existing wastewater pumps and associated mechanical and electrical systems will be changed out with new pumps, mechanical and electrical components to fit the needs of the reclaimed water system. It is assumed only 2 pumps will be provided {preliminary sizing is 5,200 gpm, 70 psi TDH, 200 Hp, to be confrmed during design). It is assumed the existing building will be sufficient to accommodate the changes {e.g. no major structural or architectural modifications are anticipated. Only minor structural changes far pipe through wall penetrations). Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil plan drawings, mechanical and electrical drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2005 format and available As-Built Drawings. Consultant shall coordinate with the City in order to design the proposed reclaimed water pump station in accordance with the requirements and design standards of the City. Specifications will not be prepared at the 30% design stage. Drawings {four copies} shall be submitted for City review at the 30% stage. Task 2. Cast Opinion: Consultant shall prepare a preliminary opinion of probable construction cost. Task 3. Meetings: One (1) Kick-Off meeting will be held with City staff for the purpose of verifying the City's goals, objectives and standards for the project. One {1) workshop meeting will be held with City staff to discuss Draft 30% design submittal. A total of two {2) meetings will be held under Phase II and Consultant shall provide a written summary of the issues discussed at each meeting. Task 4. QA/QC: Consultant shall provide internal QA/QC reviews on the 30% Design Documents (e.g. drawings and cost estimates). Phase III -Final Design Phase Upon completion of Phase I and II, the Consultant shall submit Addendum No. 1 to this service authorization for approval of fees for final design phase services to be provided in accordance with Section III-C of the Agreement for Engineering Services with the City, dated May 30, 2007. Other -Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations for the reclaimed water booster station. RWMarea 1 I & I2contract02/26/08 3 All existing facilities, utilities and right of ways within the established project limits will be identified on the survey. The above topographical survey data will be prepared in AutoCAD (Version 2005) format. The City of Delray Beach standard layering system shall be followed. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide Consultant xecord drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. The information will be provided to Consultant within 14 calendar days of NTP. 2. City personnel will assist in field verification of affected existing City facilities. This includes marking in field (in a timely manner) existing water mains & services, sanitary sewexs & services, force mains, reclaimed water mains and drainage. 3. City shall TV existing 16-inch subaqueous force main. 4. The design is to be based on the federal, state and Iocal codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. 5. It is assumed that no architectural design or geotechnical evaluation is required for the reclaimed water booster pump station. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, and drainage improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City. The Notice-to-Proceed issued shall contain the following information and requirements. m A detailed description of the work to be undertaken. ~ A budget establishing the amount of the fee to be paid in accordance with the Agreement. ~ A time established for completion of the work. RWMareal 1&12contract02/26/08 4 III. TIME OF PERFORMANCE The completion dates for this work will be as follows {starting at written notice-to-proceed}. Refer to Attachment B for project schedule. Engineering Services Time per Phase Cumulative Tune Phase I -- Study and Report 6 weeks* 6 weeks Phase II -Preliminary Design S weeks* 8 weeks Surveying{i} {}Surveying will be completed during Preliminary Design Phase. * The schedule is based upon conducting a review meeting within 7 calendar days after City receives the Submittal. AlI review comments shall be provided to Consultant within 7 calendar days after City receives the submittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted andlor obtaining comments takes longer to receive. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment C for budget summary. En ing Bering Services Phase I -~ Study and Report Phase II -Preliminary Design Phase Surveying Out-of-Pocket Expenses Additional Services Estimated Fees $14,492.00 $12,542.00 $ 4,303.00 $ 750.00{r} $10,000.00 TOTAL PRO.IECT COST $32,087.00 {i} Notes: {I}Out-of-Pocket Expenses include the following: printing/reproduction and postage. {2}Total project cost does not include -the $1 D, 000 for Additional Services (zf authorized by the City). RwMarea 11& 12contract02/26/08 5 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall cozx~mence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: Rita Eliis, Mayor MATHEWS CONSULTING, INC. Date: 3~ ~. David Mathew~~~j~., Vice President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this y ay of 20p8 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is {personally known to me) or (has pro d~ uceT identification), Florida Driver's License and {didldid not) take an oath. ,' ~' Signature of rson taking acknowled~~ient RWMarea 11 & l 2contract03 /03 /08 ~vaY Nancy Armsvonp My Commission QD2~2M~ 6 ~~ ridgy ins ~e~a~y xa, ATTACHMENT A Section 5 5.12 Area 11 Area Descriytion: Area 11 generally includes the area on the Barrier Island between the Intracoastal Waterway and N. Ocean Boulevard from E. Atlantic Avenue north to N.E. 8'~ Street. This area will be served with reclaimed water once the SCRWWTP outfall disposal line is converted to 100% reclaimed water. Reclaimed water mains will run north-south along Andrews Avenue and will primarily serve residential areas and City park areas. Reuse Cat~acity Provided: Area 11 will serve six (6} reclaimed water users: s Veterans Park ................................................................................................ 12,220 gpd • Municipal Beach ........................................................................................... 27,059 gpd • Ocean Blvd. to Andrews Avenue (Beach Dr. to George Bush Blvd)........... 82,166 gpd • Ocean Blvd. to Andrews Avenue (Atlantic Ave. to Beach Dr.) ................... 86,357 gpd • Intracoastal to Andrews Avenue (Beach Dr. to George Bush Blvd} ............ 91,419 gpd s Intracoastal to Andrews Avenue (Atlantic Ave. to Beach Dr.) ....................128,952 gpd Total Reuse Capacity: 428,173 gpd Summary oflm~rovements: An 18-inch reclaimed water main will be extended from the booster pump station east to veterans park. An existing 16-inch Intracoastal Grassing will be converted into a reclaimed water line to convey flaw from the mainland to the Barrier Island. On the Barrier Island, a 16-inch reclaimed water main will extend slightly south to serve the Municipal Beach area, then extend north along Andrews Avenue to serve the residential areas north of Atlantic Avenue and south of George Bush Boulevard. A 6-inch valve and meter box will serve each of the six reclaimed water users. Mr:thews Consulting S 29 Section 5 Table 5.12 Engineer's Dpinion of Probable Construction Cast Based on Conceptual Design Area 19 Estimated Unit Quanity Unit Priee Total General Generai Conditions (5%} 1 L.S. $69,510 $69,510 Mobilization (2.5%} 1 L.S. $34,755 $34,755 Maintenance of Traffic 9,701 L.F. $2.5 $24,253 Clearing & Misc. Site Work (2.5%) 1 L.S. $34,755 $34,755 Reciaimed Water Main & Restoration 6" Valve & Meter Box 6 E.A. $8,500 $51,000 6" RWM in paved ROW -Minor Road 704 L.F. $50 $35,200 6" RWM in paved ROW -Major Road 506 L.F. $80 $40,480 16" RWM in paved ROW -Minor Road 4,710 L.F. $80 $376,800 16" RWM in paved ROW -Major Road 250 L.F. $110 $27,500 18" RWM in paved ROW -Minor Road 3,531 L.F. $85 $300,135 18" Jack & Bore 2 E.A. $37,500 $75,000 Total Construction 10% Contingencies 20% Engineering, Legal Admin. Casts Total Cost: $1,089,388 $106,939 $213, 878 $1,39U,204 Mathews Cansuttrng 5-30 o v> t'~ a w z w w~ ~ ~ ~ ~ ~ J Q ~ z V7 ~ = U7 ~ z0 0¢~ Oates ~~ OUF- OU~ iw-W d~~ a~3 Qd 1p `W O O II d ~ ~ O ° O ¢ W W w ~ ¢ ~ J W ,.1 W w O J U "~ O W ¢ ~ O ¢ Q W X ~ O ~ O ~ W O O O u7 II f~ °~ ~a ~; ~~ ~ _~ - ~ ;~ ,~ ~ i r z- ~- ---- _ ;~ _ ~ r { ~ r ~ ; _ ~~ ~,~ ~ `-, c~~z Q ~ z 2 ...i ~ ~ - ~ ~r - ,. r~ d V { ;, ~ ~' ` ~ Q ~~, 0 oc -~-. m tads ~:; ,o ~,T EL' GG ~D °' W ~ w° ~,~. p 3 ~ ~ ~ ~J ~_ J W g~ ~ ~ O ?DaZf ~ [l. O A~ O.. W A ~ ~ J Section 5 5.13 Area 12 rea Descry t pion: Area 12 generally includes the area on the Barrier Island south of Atlantic Avenue betty ~~~- een the Intracoastal Waterway and the Atlantic Ocean. This area will be served with reclaimed water once the SCRWWTP outfall disposal line is converted to 100% reclaimed water. Reclaimed water mains will run north-south along Venetian Drive, Seagate Drive and S. Ocean Blvd. and will primarily serve residential areas and City park areas. Reuse Capacity Provided: Area 12 will serve six {6) reclaimed water users: e Atlantic Dunes Park ...................................................................................... 12,220 gpd • Ocean Blvd. to Gleason St. (Casuarina Rd. to Atlantic Ave.) ...................... 54,409 gpd 0 Gleason St. to McFarlane Dr. (Casuarina Rd. to Atlantic Ave.) .................. 110,273gpd s Ocean Front (Linton Blvd. to Casuarina Rd.} ............................................... 94,445 gpd • Intracoastal to S. Ocean Blvd. (Poinsettia Rd. to Casuarina Rd.} ................. 149,203gpd e Intracoastal to S. Ocean Blvd. (Linton Blvd. to Poinsettia Rd.j ................... 80,479 Total Reuse Capacity: 501,029 gpd Summary oflm~rovements: A 12-inch reclaimed water main will extend from E. Atlantic Avenue, run south along Venetian Drive and then decrease to an 8-inch line. An 8-inch reclaimed water main will continue south along Seagate Drive to Poinsettia Road, then continue south on S. Ocean Boulevard to Linton Boulevard. A G-inch valve and meter box will serve each of the six reclaimed water users. Mathews Consuftrng 5-31 Section 5 Table 5.13 Engineer's Opinion of Probable Construction Cost Based on Conceptual Design Area 92 General General Conditions (5%) Mobilization (2.5%) Maintenance of Traffic Clearing & Misc. Site Work (2.5%) Reclaimed Water Main & Restoration 6" RWM in paved ROW -Major Road 6" Valve & Meter Box 8" RWM in paved ROW -Minor Road 8" RWM in paved ROW -Major Road 12" RWM in paved ROW -Minor Road Total Construction 10% Contingencies 20% Engineering, Legal Admin. Cos#s Total Cost: Estimated Unit Quanity Unit Price Total 1 L.S. $49,966 $49,966 1 L.S. $24,983 $24,983 8,784 L.F. $2.5 $21,960 1 L.S. $24,983 $24,983 526 L.F. $80 $42,080 6 E.A. $8,500 $51,000 4,421 L.F. $55 $243,155 2,280 L.F. $85 $193,800 1,557 L.F. $75 $115,775 $768, 701 $76, 870 $153, 740 $999,317 Mathews Consulting 5-32 Z~ yy~~ V~ qq RF yyy~~~ €~ z = J U ~- W ~ 03 N a~ [.C ~ W O ~ 0 W Q _ ~ V w N a w Q oc 0 3 ~_ ~J W D W X17 0 d 0 a w ~ x ~ ~ I ~ ~n a o ce z W w w- o dz ~ ~ ~ ~ ~ J Z d 0-J W dJ W W pUH OUM FW a~3 ~~3 as Yn: D o ii!%i a r o II ` '~ p 4 W W I ° ,~ ~ z Q' J - a ~J o W WJ 0 WdW' J U a ¢ Q W X ~ ~ $ V !n W O ~ u7 Y O O ~~ a.• Z W U H Q O O a m N a ~ o ~ ~ L Q L ~~ v ~ u. Q d ~ ,~ T"' ~ Q. .Q w ~ i~ L a m N ~ ~ c N N N ?, O f/? ~ ~ ~ p A © ~ ~ r Q ~ ~' ~~ 'L L ~ RS O ' ~• 0 ~ ~ ~ ~. a ~ ~ ~~ M U Z V ~ ~ c.i z - -- W ~ C C Y rO,,V V ~~ i~ ~~ i~' i ~ ~' ~ : q N V w. ~~ v d M u d N *.~ °~ ti Q C'i C v v U I^- Z W U Q A 0 .~,,'' V R 7 m 3 m ~ Y ~ j ~'U ~ N N N O ~ O N 1iy ti V) C p5 R? ~! [ D N N N N 1[1 (R ~ fR ~ 6FT 6R (0 p ~ Cp N N ~ m i~f7 [~ ~ H i~ l~ N p ~ FJ CO O 6] ~ ~ ~ f~ 0 0 ~ tQ CV N ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ +~ o '~ ~ v N Ca ~ o o ~ ~ U s~v ~ .U+ Q ~ t~ C ~ N D O O O O ~ ~ ~ U N ~ 0 Z ~ N O O ~ CV N P '! CO tD ~ O • U OU fn sir 1!7 ~ ro ~ u ~_ ~ ~ c o .U C] [7 U i ~o O N N E O O O O ~ ~~ °' ° a i o ,~ O o 0 0 ~ ~ lif ~ ~ ° i ` a o ~ '~ ~o ~ N o r ~~ as M ~ v ' N r v v `n to o m°° ~~ r _ ~ 69 31J ~- N d I V N ~ M O ~ C '~ N ~ N ~ ~ N CO ct1 (ll ~ N N ~ ~!] ~ M r ~ ~ Q M ' N N ' ' N a`w<+~ ~ v U J ~ I[ f ~ ER ~ o °' 0 0 • A ~U ~ ~ •~ ~ ~ W N ~ Q ~ .tr, O LC. y ~ r° 3 .. ~ rn °-' o '~ c ~~ °~ ~ ~ a~i ~ m rn ~ ~ ~ N h O L 7 ~ [ tl ~ ~ U1 47 ~ C A ~ •~' ~ O N ^^- ~ ~ .. ^ o- ~ F .~ ~ C t c D U1 C ~' ~ 7 y '~' a `~ Q ~ ¢ ~ O Q C p Uf O O y p ~ ~ K C ~ ~ 7 C ~ N _ ~ U c U T U O U ~ ~ d Q. D i1 ~ in t17 --. '. 47 Iri © . ... \ ~ CJ m m U c G _ N ~ C) C r2 d ~ ~ ~ ~ O Q3 Olj ~ i ~ ~ 10 C ~ th ~ L ~ ~ GJ fn F"'• ~ C C C y C ~ 7 H- a.+ ^ r N M ~ ~ v CV M '7 ~ L 0 0 0 ~ v Y Vi 'a 3 Y Vl Y fA Y N Y V7 d .`.C , O aC y 3C y Y y ~ O Q O Q fl .C] . U ~ U -Q y •~ E ~ ~p 0 Z ~- a> ~n - - - ' d ~ ~ O 4 E 01 C 3 N C O a~ r m MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 11, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 SERVICE AUTHORIZATION N0.07-OS/MATHEWS CONSULTING, INC./ALTERNATIVE WATER SUPPLY GRANT APPLICATION ITEM BEFORE COMMISSION Staff is requesting approval by Commission of service authorization #07-OS for Mathews Consulting in the amount of $5,034.00 for preparation and submittal of an Alternative Water Supply Grant application to the South Florida Water Management District. This application is in conjunction with the District's annual Alternative Water Supply Grant Program from which the City has received annual funding for our reclaimed water transmission system expansion projects. BACKGROUND As a means of promoting the development of Alternative Water Supplies (AWS) to reduce demands on the finite ground water resource, the South Florida Water Management District (SFWMD) sponsors an annual competitive grant program focusing on providing supplemental funding for alternative water supply projects. The City has applied for this grant annually and has received funding each year for the past three years for expansion of our reclaimed water irrigation system. Mosr recently, we received $619,000 last year which is being used to construct our Area 4 reclaimed system extension, currently underway. Our next focus area will be the barrier island, where irrigation demands are exclusively satisfied from the drinking water system. The two master plan areas involved will be Areas 11 and 12 lying north and south of Atlantic Avenue. We will also be retrofitting our wastewater booster pump station located on NE 3rd Street and 4th Avenue, to convert pumping capacity to reclaimed water instead of wastewater. This item is for the preparation and submittal of our application for the next AWS grant cycle. FUNDING SOURCE Funding is avaialble in account #441-5181-536-31.90, Other Professional Service, after budget transfer. RECOMMENDATION Staff recommends approval of service authorization #07-OS for Mathews Consulting. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-OS FOR CONSULTING SERVICES CITY P.O. NO. CITY PROJECT NO. CITY EXPENSE CODE: MATHEWS CONSULT. PROJECT NO. TITLE: Alternative Water Su 1 Grant A lication for FY2009 This Service Authorization, when executed; shall be incorporated in and shall become an integral part of the Contract. TITLE: A reement for General Consultin En ineerin Services L PROJECT DESCRIPTION This service authorization provides for preparation and re-submittal of the South Florida Water Management District Alternative Water Supply Funding Program grant application for Fiscal Year 2009 on behalf of the City of Delray Beach. The application will be made in order to receive funding for the City's reclaimed water program, specif tally for the Area 11 and 12 reclaimed water main project. II. SCOPE OF SERVICES Phase I -Stud and Re ort Phase Consultant shall provide study and report phase services in accordance with Article III.A of the Agreement for Engineering Services with the City, dated May 30, 2007. Task I. SFWMD AWS Grant Application FY2009 Consultant shall prepare the funding application in accordance with the SFWMD requirements. It is anticipated the application will consist of the following components: a. Application Form b. Project Summary c. Project Details, including Statement of Work, Project Maps, Project cost breakdown, and a deliverable schedule. 03/06/08 d. Project Background and Supporting Information, including readiness to construct, copy of permits, multi jurisdictional supply entity documentation, CIP program funding, water and wastewater rate information, description of user controls, and public education documentation. e. Signed Acknowledgement. 2. Consultant shall provide one (1} draft copy of the application to the City for review and comment. City comments will be incorporated into the final application. Up to 12 copies of the application shall be prepared for submittal to SFWMD by the application deadline of June 2, 20M. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to grant application and updated cost estimating that are not covered under this Service Authorization. These additional services maybe required due to uncertainties discovered during implerxzentation of the scope of services. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. • A detailed description of the work to be undertaken. • A budget establishing the amount of the fee to be paid in accordance with the Agreement. • A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates fax this work will be as follows (starting at time MC receives executed contract). En ineerin Services Time er Phase Cumulative Time Task 1- SFWMD Grant 8 weeks 8 weeks 03/p6/OS 2 VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the fallowing not to exceed cost far each phase. Refer to Attachment B for budget summary. Engineering Services Estimated Fees Task 1 - SFWMD Grant $ 4,734.00 Reimbursables $ 300.00 TOTAL PROJECT COST $ 5,034.00 a3~o6ioa This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City xnay terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: Rita Ellis, Mayox Attest: Approved as to Legal Sufficiency and Form MATHEWS CONSULTING, INC. Date: Rene L. ems, P.E., President Wi ess STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ ~ay of ~ ~, 208 by Rene Mathews, President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is {personally known to me) or (has produced identif cation}, Florida Driver's License and {did/did not} take an oath. Si ature of/ erson taking acknowled~gexnent o3io6~as 3'. Nancy Ar~s6+ong ' My Commission DQ2~2409 ~ ~af r~~ Expires February 28, 2048 ATTACHMENT B SFFYMD FY2009 AI3~S GranfApplication Budget Summary Labor Class~ caiion and Hour Rates Phase No. Task Description Principal Engineer $139.00 Senior Engineer - II $127.00 Engineer 1 $104.00 Construction Inspector $78.75 Cadd Designer $89.00 Technician $57.00 Glerical $52.00 Total Labor Sub- ConsuRant Senricee Task 1 SFWMD FY2009 AWS Grant Application 30 4 4 $4,734 Subtotal 3fl 0 0 fl 4 0 4 $4,734 Labor Subtotal Hours 30 0 0 0 4 D 4 $4,734 $0.00 Labor Subiotal Costs $4,170 $0 $0 $6 $356 $0 $208 Labor Total Costs $4,734 SutrconsuRant Costs Total $0 Subconsuttant Multi tier 9.1 Subconsuitant TotaE $D Reimbursable Ex enses $3flfl Project Total $5,fl34 03/06/08 MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineer Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 11, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 RESOLUTION N0.09-08/FLORIDA DEPARTMENT OF TRANSPORTATION/MEMORANDUM OF MAINTENANCE AGREEMENT (MMOAI ITEM BEFORE COMMISSION This item is to request Commission approvaUauthorization for the Mayor to execute a Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT) for the installation of public art and landscaping under the Atlantic Avenue Bridge. FDOT requires that the City be responsible for maintaining any public art and landscaping placed on or under the bridge. BACKGROUND The Public Art Advisory Board has chosen Michiko Kurisu to install public art along the walkway under the Atlantic Avenue Bridge. In order to complete this work, a maintenance agreement will be required from FDOT. This agenda item is seeking approval of the maintenance agreement. RECOMMENDATION Staff recommends approval. RESOLUTION NO. 09-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE BY THE CITY OF A PORTION OF STATE ROUTE 806 LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS ; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the appropriate City officials of the City of Delray Beach are authorized to execute a Maintenance Memorandum of Agreement on behalf of the City with the State of Florida Department of Transportation, for maintenance by the City of a portion of State Route 806, a copy of which Agreement in substantial form as Exhibit "A", is attached. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the day of 2008. MAYOR ATTEST: City Clerk SE~`T~®1\T ~ll~.: 93030 PERII~ZT ~®o: 2007-L-496-O.i05 ~ 2007-I,-496-OOI3 C;®U1~IT~': Palm >~eacla S.R. ~®.: $061Atia~tlc Avenue fridge # 930064 DISTRICT F®UI~ ~`l~ ?~AII~TFl~A1~tC`E MEM®IZA1~I~D~M ~F A~REE1t~IENT TINS AGREEi~E~T, made and entered into this day of ..____.._..___ ~ _ , 20~, by and between the S~'ATE ®F FI,®I2II~A I~EPARTI~EI~T ~F "I'RAIVSP()~tTATi®i~i, a component agency of the State of Florida, hereinafter called the I]I:PARTI~ENT and the CITE' ®F IaELRA~' IIEACgi~, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGEI~C~'. '~rl~'~~ESSETI-I: ~~EREAS, the DEI'ARTI~ENT has jurisdiction over State Read X06 including ~t idge # 930064 underpass as part of the State Highway System; az~d ~i~EREAS, the AGE1~C~', seeks to install or have installed certain landscape and hardscape improvements and maintain said improvements within the right-of way of State Road 806 as described with Exhibit B; and ~IIE~EAS, as part of the continual updating of the State of Florida Highway Systean, the I~EPARTII~IEN~', for the purpose of safety, protection of the investa~ae~~t, and other reasons, leas constructed and does maintains the highway facility as described. in Exhibit A, attached hereto and incozporated by reference herein, within the corporate Iiznits of the A,GEI~CY; and WI-IEItEAS, the AGEI~iC~' is of the opinion that said highway facilities that contain landscape by the bridge underpass to the right ofvvay Iin.e, including standard and non standard concrete sidewalk, shall be maintained by periodic trin~n~ing, cutting, weeding, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, sidewalks repairs or replacements, native boulders with. concrete base, washed shell rock, eight-hundred pounds light panel and control key pad cabinet repairs as needed; and ~EIFREAS, it is the intent of the AC~EhTC~' and the DEPART'Vl ?:~T that the AGEi~iC~' shall maintain all improvements made by the A~ENC~' as well as areas within tl7e right of way by said improvements made at the request of the AGE1~C~' ~ and "i~ll~REA~S, the parties hereto mutually recognize the need far entering into an Agreement designating and setting forth the responsibilities of each party; and "~H~EREAS, the .~GE1`~C~' by Resolution No, dated ~. _ 20_, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so, ®~ TkI>C1l2E1~®>f~1l~, for and in consideration of the rnutual benefits to ~~ow each to the other, the parties covenant and agree as follows: The A~h~C~' hereby agrees to install or cause to be installed certain, landscape, l~ardscape andlor other izaaprnvenxents on the highway facilities as specified in plans and specifications hereinafter referred to as the Project, a~~d incorporated herein as Exhibit B, Hardscape shall mean co~~str~ction of standard aa~d non-standard sidewalk, native boulders with concrete base, washed shell rock, light box and iPlayer 2 keypad controller cabinet. (a) All plant materials shall be installed and maintained in strict accordance with sound nursery practice prescribed by the International Society of Arboriculture {ISA); all plant materials installed shall be Florida #1 or better according to the most cu~~rent edition of Florida Department of Agriculture, Flor^ida Grades and Standards far Nursery Stocl~• and all trees shall meet Florida Power & Light, Right Ti°ee, Right Place, Soutli Florida. {b) Trees and pah~~s within the right-of-way shall be pruned to discourage encroachment into roadways, clear zones and sidewallCS, Definition of these criteria is included in the mast current editions of FDQT Standa~°ds for Design, Construction, Maintenance, and Utility ®perations on the State Highway System. {c) Tree a1~d palm pruning shall be supervised by properly trained persona~el trained in tree pru~~ing techniques and shall meet the most current standards set forth by the International Society of Arboriculture (ISA) and the AmericanNational Standard Institute (ANSI) Part A-300 and. when in Broward County be licensed by Broward County ~nvironmenf Protection Department to perfona~ this work. (d) Irrigation maintenance activities shall confar~n to the standards set forth by the Florida Ii-rigati.on Society (FIS) latest edition of FIS, Standards ar7.d Specifications for Turf ccnd Landscape Irrigatior~a Syster~~s. (e) When the A~F~hiCY is installing the Project and irrigatiot2 is to be installed, the I)~PATt'FMBi~t'l` shall be provided accurate as-built plans of the system so if in the z,_~. ,. , ... _._. - future there is a need by the DE>PA~ZTi1~EhI`I' to perform work in tl~e axea, the system can be accommodated as much as possible, (f) If it becoimes necessary to provide utilities (water/electri.cityj to the median or side areas, i.t shall be the AC~;EI~C~"~ responsibility to obtain a permit far such work through the local rnaintcnance ofi~ce and the A~-E~C~ shall be respansible for all associated fees including monthly billing for the installation and imaintenance ofthese utilities. (g} The AGENCY is solely respansible for the relocation, maintenance, repair and replacement of the drainage and electrical facilities within the pxoperty skzown as an exhibit and shall include al] pipes, culverts, outfalls and conservation areas in perpetuity; said obligations axe to run with the land.. All hardscapc shall be installed and maintained in strict accordance with the most current edition of the Florida Accessibility Code for Building Construction and the Interlocl~ing Concrete Pavement Institute (ICPI). {h} All activities; including project installation and future maintenance operations pcrfonmed on State highway right-off way, must be in conformity with the most current edition of the Manual on Uniform Traffic Control ('vIUTCD} and I`DOT Design Standards Specifications for Road and .Bridge Construction, Index 600 Series, FDOT sYlaintenance Rating 1'rogrant (MRPj, and L;S DOT regulations (49 CFR part 27} implementing Section 504 of the Rehabilitation Act {29 U.S.C. 794). The FHWA has specific American with Disabilities Act (ADA} policies for statewide planning in 23 CFR 450.220(x} (4}, for metropolitan plam~ing in 23 CFR 450.316 (b) {3), and the NEPA process in 23 CFR 771.105 {f). These regulations require application of the ADA requirements to Transportation Enhaneemcnts Activities. {i} The most current edition of FDOT Design Standards, Index 546 must be adhered to. (j} Flarizontal Clearance and Clear Zone as specified in the FDOT Plans Preparation Manual, Volume 1, Chapters 2 and 4 and FDOT Design Standards, Iz~zdex 700 axaust be adhered to. {k} Landscape improvements shall not obstruct roadside signs ar permitted outdoor advertising signs, (see Rule Chapter 14-40, Part 1 and Part III, Florida Administrative Code [F.A.C.]). {l} The AC~~aNC~' shall provide the local FDOT Operation Center, located at 5548 N.W. 9fi~' Avenue, Dort Lauderdale, FL 33309 {954} 776-4300 ar {7900 Forest Hill Blvd., West Palam Beach., FL 33413 (561} 432-4966} ar (3603 C)leander Ave., Fort Pierce, FL 34982 (772) 459-7072) atwenty-four (24} hour telephone nu.m.ber and the name of a responsible person that the 1~>C~AI~'Y"il~1C~'T ~~ay coaatact. The A~EhdC~' shall notify the local maintenance aflice forty-eight (48}hours prior to the start of the pro}ect. 3 (n~} If there is a need to restrict tl~e normal flow of traffic, it shall e done on off peak hours (9 AM to 3 PM}, and the party pcrfonning such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to cornmencil~g work on the project. The I)EPAR'>I'li!IEN~''~ Public Information Office shall also be notified. (n} The A,GENC~' shall be responsible for assuring that any existing utilities within the project limits are not impacted. If any utilities are impacted the AGENCY' shall remain responsible for obtaining all applicable pez-nnits or agreements frown the utility applicable. {o} The A,GEI~C'Y shall follow the zninin~um level of maintenance guidelines as set forth in FDOT' S Rule Chapter 14-40 Highway Beautification and Landscape Management, in the FDOT Guide to ~~oadside Mowing and Maintenance Management System, and Exhibit C Maintenance Plan for maintenance activities for landscape projects. 2. The AGENCY' agrees to maintain the landscape improvements as defined as: plantings, irrigation, and/or hardscape within the medians and areas outside the travel way to the right of way line by periodic pruning, znowiz~g, fertilizing, weeding, curb and sidewalk edging, litter pickup and necessary replanting, sweeping and/or repair following the 1~EPA12'I`i1EN'll`'S landscape safety and plant care guidelines and Exhibit C Maintenance plan. The ~,GLNC'Y'S responsibility for maintenance shah include all landscaped/turfed areas and areas covered with non standard surfacing (hardscape) within the znediai~ aid areas within the travel way to the z-ight of way line, including, associated header curbs and concrete areas. It shall be the responsibility of the AGENCY to restore an unacceptable travel condztiazl of the sidewalk caused by the differential characteristics of the standard and non standard surfacing and/or the header curb on Department of Transportation right-o~I=way within the l~in7its of the Project. such maintenance to be provided by the AGENCY is specifically set out as follows: to maintain means the proper watering and fertilization of all plants and keeping there. as free as practicable from disease and harmful insects; properly mulching the planting beds; keeping the premises free of weeds; snowing the grass to the proper height; properly prunng all plants which at a miniznurn includes: {1) removing dead or diseased parts of 131ants, (2) pruning such parts thereof to provido clear visibility to signagc or for those using the roadway and or sidewalk; (3) preventing any other potential roadway hazards. Plants shall be those items which would be scientifically classifiied as plants and include but are not limited to trees, shrubs, groundcover and sod. To maintain also means removing or replacing dead oz• diseased plants in their entirety, or removing or replacing those that fall below original project standards. AlI plants removed for whatever reason shall be replaced by plants of the same size anal. grade as specified in the original plans and specifications. To naintain also means keeping the header curbs that contain the 4 standard anti non-standard surfacing treatment in optimum condition. To maintain. also means keeping the hardscape and sidewalk areas free Pram weeds and repairing said hardscape as is necessary to prevent a safety hazard. To maintai.ia also zneazls keeping litter removed from the median and areas outside the travel way to the right of way line. The A~E~IC~' agrees to maintain all standard surfacing treatment in optimum condition. To maintain also means keeping the hardscape and sidewalk areas free of weeds and repairing or replace said hardscape as is necessary to prevent a safety hazard. To maintain also means keeping litter removed from. areas outside of the travel way to the right of way line. If it becomes necessary to provide utilities (water/electricity} to the median or side areas for these improvements, all casts associated with accent lighting and irrigation installation, maintenance, fees and connections as well as an-going cost of the utility are the maintaining ACa11+ i~C~"S responsibility. The above named functions to be performed by the AGENCY may be subject to periodic inspections by the I~EPA12T11%IEi®IT at the discretion of the I~EPAT~T1V~El~T. Such iz~spectioi~ findings will be shared with the A.GEI~CY and shall be the basis of all decisions regarding repayment, reworking, or Agreement termination. The ~,GENC~' shad not change or deviate from said plazas without written approval of the l]EPAIZTIVIEl~T. 3. If at any tune after the AG-)~NC~' has undertaken the installation of the landscape and for other iznproveznents aradlor maintenance responsibility mentioned above, it shall come to the attention of the DEPA~TP~EN'~''~ District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District ,Secretary, znay at his option, issue a wz~tten notice that a deficiency ar deficiencies exists}, by sending a certified letter to the .AGENCY, to place said ~.(~ENCY an notice thereof. Thereafter, the r~GP+~NCY shall have a period of thirty (30} calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the I~EPA~fI'11!I~FNT may, at its option, proceed as follows; (a) Complete the installation, or part thereof, with DEPART:,~EN'l" ar Contractor's personnel and deduct the cost of such work from the final payment for paid work or part thereof, or (b} IVlaintain the improvements or a part thereof, with DEPAl2'I'1ViFNT or Contractors personnel and invoice the AGENCY for expenses incurred, or 5 (c} Tenminate the Agreement in accordance with Paragraph 6 of this Agreement, and remove, by DEPAR'~'1~1EN'I` or private Contractor's personnel, all of the landscape improvements installed under this Agreement ar any preceding Agreerr~ents except as to trees and palms and charge the AC~ENC~' the reasonable cost of such removal. 4. It is understood between. the parties hereto that tl~e iinprove~nents coves°ed by this Agreement may be removed, relocated, or adjusted. at any tinge in the future, as determined to be necessary by the 1C~EPA~"TI~IENT in order that the adjacent state road be widened, altered, or otherwise changed to meet with future criteria or planning of the I~EPAI~'~`I~EN"11". The AGENCY shall be given sixty (d0) calendar day's notice to remove said improvements after which dine the I~EPAI~'~'l~EI~T nay remove sarr~e. All permits (including tree permits}, fees, and at~y mitigation assaoiated with the rerraoval, relocation or adjustments of these improvements are the .maintaining A,GENC'Y'S responsibility. 5. SHE AGENCY' at its own expense ar~d by pesanit shall install the landscape ir~aprove~ments described in. Exhibit B. The DE~'All~~'~IEN'Y` shall be invited to assist the C%'I'Y ®F DELI2AY LEACH in final inspections before acceptance of the job by the AGENCY. Thc; I3EPAlt2'PI~El~1T shall approve the job provided it complies with the permit. 6. This Agreement may be terminated under any one (1) of the following conditions: (a) By the I3EPA~2'~'111~ENT, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days' written notice. (b} ~y the I~EPA~" I~IENT, lar refusal by the AGENCY to allow public access to all dacun~ezlts, papers, letters, ar afher ir~aterial subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in canjunetion with this Agreeme~lt. 7. The tern of this Agreement commences upon execution. 8. The AGEiLTCY is a political subdivision as defined in Section 7G8.28, Florida Statutes, and agrees to be fully responsible for acts and o~n~issions of their agents or employees. Nothing in this agreerr~ent shall be construed or interpreted to serve as a waiver of savereig~l immunity by any party such that liability is extended beyond the limitations established. by law. Nothing herein shall be construed as consent by a -state agency ar political subdivision of the State of Florida to be sued by third parties in any matter arising aut of this Agreement or any other contract. Ei In the event that AGENCY eantracts with. a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: (a) AGEIVCY's contractor shall at all. tinacs during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily 1~ljury Liability and Prope7-ty Damage Liability and Worker's Compensation insurance with minrmuin limits of X500,000.00 per Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as Bled by the Insurance Services Office and shall name D11PAI~T1ViENT as an additional insured. (b) The AGENCY'S contractor shall furnish the AGENCY' with Certificates of Insurance of Endorsements evidencing the insurance coverage specified herein prior to the beginning performance of work under this Agreement. (c) Coverage is not to cease and is to remain in fu11 force and affect {subject to cancellation notice) until all. performance required of AGENCY'S contractor is completed. All policies must be endorsed to provide DEPAR'I"ll!l<EN'~" with at least thirty (30) days notice of cancellation and or/or restriction. if any of the insurance coverages will expire prior to the completion of work, copies of renewal policies shall be furnished. at least (30) days prior to the date of expiration. 9. The AGENCY' may construct additional irnprovernents within the limits of the rights-of- ways identified as a result of this document, subject to the following conditions: {a) Plans for a.ny new improvements sh.al.l be subject to approval by the DEPA~t'I',~1EN'T''S District Maintenance .Engineer or his designee. The ~iG~:NCY sha11 not change or deviate from said plans without written. approval by the I)EPAI~TIVIEN'll'. {b) The ACBICNC~' shall procure a pea-~nit frolra the I~EPAIt'I"~IEii~'>l-'. (c) All i~nproveanents shall be developed and implemented in accordance with appropriate state safety and design standards; (d} The A.~EIVC"i' agrees to comply with the requirements of this Agreexnez~t with regard to a~~y additional irr~proven~ents installed at no cost to the I~EPAR'I'IVIEI~T; 10. This writing embodies the entire Agreement .and understanding between the parties hereto, and there are no other Ag1°eemerits and understanding, oral or written, with reference to the suhj ect matter hereof that are not merged herein and superseded hereby. 7 1 l . The Iy1I:PA~t'1~"l1~EI~'I', during any fiscal year, shall not expend zxzoney, incur any liability, z~or enter into any contract which, by its terms, involves d1e expenditure of 3noney in excess of the amounts budgeted as available for expenditure dua-iz~g such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The I~E1P.~R'~'i'~)Itall~~' shall require a statement frozx~ the Comptroller of d1e T9E>IpA~2.'1I"1YIE~i'T that funds are available prior to entering into any such contract ar other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY-FIVE THOUSANB DOLLARS 025,000.00) and which have a term for a period of mare than one year. 12. T'he ~~~:PA~t'I`~lh1~E~'~''S District Secretary shall decide all questions, difficulties, and disputes of any nature whatsoever that nay arise under or by reason of this Agz-ecmcnt, the prosecution or ftzlfilhr~et~t of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. 13. Tl.is Agreement znay not be assigned or traz~.sferred by the E1GE~1C'~, in whole or in paz~, without the consent of the IDEPAR''C"1VIEI~T. 14. This Agreement shall be governed by and construed izz accordance with the laws of the State of P"lorida. In the event of a conflict between any portion of the contract and Florida law, the Taws of Florida shall prevail. 15 Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acnowledgezx~ez~t or sent by certified n~ai1, return receipt requested. All notices shall be sent to the following addresses: If to the Depaz-tzxzent: State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421. Attention: District IV Maintenance Engineer Or h.is designee if to the Agency: City of Delray Beach 100 NW I'` Avenue Betray Beach., Florida 33444 Attention: Robert George, Title: Special Programs Director Exhibit A: Project Location Exhibit B: Project Plans Exhibit C: Maintenance Plan S IN VVI'I"N~SS ~~HE1~.E®F, the parties hereto have executed this Agreement effective the day and year Iirst above written.. CITY OI~ DELRAY BEACH STATE OP FLORIDA DEPARTMENT OF TRANSPCJRTATION B y; Ivlayor /Chairperson Attest: (SEAL) Clerk Approval as to Forrx~ Date By: Transportation. Development Director Attest: Executive Secretary Approval as to p'orm Date (SEAL) Date ~~~~'I®N Nms 903 ~~ ~'~ N~.: ~~7-L~~96~Oi0 043 ~"®LfI~iT"~': ~.tto I4if~a: .. 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(~cncrai ~lair~t~rza~~e ec~=airerrze~ts and ~ecornrn~rzdatic~r€s: The pzpos~ of a pla..z~ far ire laxzdscape iri~prc~vcrnez;.ts i~aaiz-ztezzac~ practi.c~s is to allow the plant ruaterial on your pr®~ect to thrive i~a a safe azzd vigorous zrflaA~zr~er while ~'i~I#illinl; heir i_rztcrzdcd pz~rpose ~rzd conservan~ our ua~:~xal resc~nrccs. Pl~.rztirz~;s and ail other ldscape irrir~sv~ezxts shad be rrzaarztained to avoid pc~tcntia:l r~ad.way hazards and to prc~vidc regz~irc~d clear visihiiity, acccssihilitY; clcaraxzce, az~d scfacs as sit foz-tl~ by F`l®rida ~epart~nent ~~ "Trazzspe~rtatio~ (F~~aT) ®vcrrsirz~ stazz.dards and specifications: ~'~€~~"~~.sa~r~t ~S"t~ndcz~c~s~, ~~~C)~' Plz~~as ~~°~p~x~c~tir~n lcr~ual dol. I, ~"hc~pt~r 2.1 ~ and ~'IJE~T ~lrxrzc~~r~d S~~ei~fi~c~ti~ras fr~r I~~acac~ ~~c~ I3~ic~~e ~'E~~a.~t~°~~ti~~r as azerzded by cczz~:tract ~locz~~n~nts; and all other r~siz~irern~z~ts set forth by the district ~. operations 1~Iainterzance ~,rz~ine~r. ":~hc initial portion of tltc l~aitez~ancc plaza dcscrih~s ~;cnerai rzaaintcaaaaace reciuir~rr~erads arad rcc~raas~radat~ons. ~hc coraclazdia~g section is recorra~aca~dations pa~epaz°ed ~y the ~,andscape architect of ~ceord spec~fac to the attached approved plans. Tatci~rl~ ~~c~~airerr~crzts; atcriri~ is a critical cone foz- r~.ot only the zraa.irzterza~~ce of healthy plazat z~aterial I~ut also for csbscrvin ~ratcr coz~servatioaa practiccs. the az~as~~tnt ol`vxater to apply at any one tic varies with the weather, draattaa~e conditi®r~s arzd water l~ac~lciiaag capacity of the soil, l~czr plant materials tl~aat have Seen established, it as it~aperat~vc mat may n~aaaadated water restricti«aas be Czz$gy c©raforz~.ed t® o~ ~'l~~'1" roadways. proper waterirz~ tech~iues shoaald provide ~;vea~ aid thor®~g~h ~nrater dispoa°sal tc~ wit the cz~tirc rc~,zt ~orae, but not saturate the sail or over~spra.y oz~tca travel ~ara~s. ~rri~atipr<..5.~'`~e~ '~l~e f#~eracy shall erasaar~; tlzcre arc ~~ roadway ovcrspray ©r irri~atiorA actzvitaes during; day~irne hogs (a~ao~t ns~tal~ly 66rush hcztaa°" traffic perioels}. It is irnperativc tizc irriati~ar~ corata°olle;r is properly set to raze early c®u~h that the watierie~~; ~arocess wi~1 ~~ entaro~y cosazpfc~ted before high. €raf`i~c zacriod5, whale adh~;rin~; tc~ E~az~dated water restri~;tis~ras..l,o ~lzsura wate~• c®z~aservatiof~a, flee ~~cnc,y shall rrz€zrai~:or the syst~rra for vaatcr leaks arzd the rain serzsoz°s to ezas~are they arc functiorzs.n~; properly sc~ that the systez~ shuts down. when there is sufficient razz~afal.l. gage 1 of h l~terated Prat ~~~ =ei~ie~to ~~ assessggiei~it ®f ~~.~ plaratii~g area's sail is recs~rrrxri~,gidec~ to periadically deterrriigie tl~e riritwrierat bevels needed ts~ sustain healtl~ye ~,'igaY•alis plant gravwth. Pal.rris, sl°ir~bs, trees and taarf areas shall e fertilised iri such a rriacr aa~d frc~axe~cy t® ensure iliac the plant rriat~rial regriains healthy and vigara~sly gravvigig. ~stablisler~t ®f ~~ igitegrated p.iaiit i~riaxaa~;ez~ac.rit pragrari~ is egaeai~ragcd to erisi~re liealtl~y plants which are free ®f disease arzd bests. I~iilchin~: ~i~~cla plitirig beds igi s~c~ ~ ~raaririer ~s ta: ~Srev~nt weed grc~v~~h; retain i~aisttzz°°e to tlae plus; pratec:t against sail eg~asiara aid giutrierit ]ass; i~iaintairi ~ mare i~aiifarrn sail tergapcrat~re; aril ii~iprave tYie appearance of the planting beds° ~ivaid riii~lch rria>~rided ~p ari tlAe trunks ®f trees, pars, and tla~ base of slir~bs tci egicaiarage air ggiavernerit iri this asea ~rl~ic aids in la~vcririg disuse srasceptibiiity cypress rri~icl~ is pr®hibited era state r~g~t of moray. Pr~~riii~z~;. X11 pr~iiirig, grid the assaci~ted safety criteria, shall be perfari~ed acc€~rdiag to Arriericara Natis~nal Stagidard lristit~te ANSI A~UQ standards end s~iall be s~ipervised by lntergi~.tianal Saci~;ty of 1~rbaric~tltiire (ISM) ~ertifaecl ~rbaristo Prianirag s~iall be carried amt with t1Z.e health and nataai•a1_ grawtli cif plant ri~iaterials iar rnirid, a~~id tct specific prairiirig heights niaia~tainiri~; clear ~rzsi.bility far ra~atarists, grid vertical clearance f©r pcdestri, bicyclist, aaad tr~clC traffic acre applicabi~;. risibility vairi~la~rs ni~st b~ r~.aii~itained free of vier al~str~.ctias aid all trees mad pal~is (~~itl~ pa~ticp~ar atter~tiaa~ to fr®gids grid f~.iit rriaintained t® prevent patezgtial r®adway ar~d pedestria~i ha~~rds, `fhc spcciB c prt~xgigig heights are det~:ri~iined by ~nderstar~darig tlxe designee°9s iritegit evhea~ selecting grid l~lacii~g tl~~ plaxits. The ii~itend~d zr?attgre rgiaigitainc~d Iiei.glit aiad spread of plants sliaaild ~Se mated an the plantigig plans. (See Specific ~eq~airerneg~ts aged I~ee®rrirrae~:id~.tiaris per ~ppraved L,ariscape ~ Iz-x~ig~tiaia 3esil,~i i~r these ga~idelines~. The izriderstary piai-it i~°iateriais sele~:ted far i.ise vJitl]i~~ the restricted ptai~tirig a~°eas {I~irrriits sgf dear Sigl~it~ of the n'aediaris art, to be rraairitaiized at ~ height ii~t cai~ripliaggce with ~D®T f3csign Standaz-ds Iaidex 5~5, Page ~ of &, Iii~d®~v Detail. ~ei.~:aI tree iiciglats r~i:~ast i~e~:.~`~~)~' 14~~r~rat~~~r~~e IZ~ti~a~ ~~r~~~~~ (1t~R.P~ starid~rds. S~iri g~azid~~~i~_ I~il stakixig rriaterialsq except far replac~;rrierits, are: reixioved by the. ce~~ipletiari sif ~D~'T ~ra.rragity periad car a€ ®rie yeac° (~rl~iclie€rer cc~rnes first. ~1riy sbseq~e~t stakigig aged gigyigig activities by tl~.e Agency rgi~st adhere to T°DC)~' ~~,s~~~,p~ ~'tc~~~c~~c~~ g~idclies (See Igadex ~4~). ~'he ~,gericy s12a11 clase.~y ri-xagiitar staking. ari.d l;a~ying attac;hr~er}t rrzat~rials s® that they are sc~;tirely fastened to avaid pateritial raad~ay hazards, Tf ~~a~v: rill grassed areas are to 13e Iffi®~red and trued. v~°ith si~I~cient e~~ericy to ai~taira a deep, bealthy rant systcria while ~ravidirag a neat axed cl.eagi app~~rance to tl~e ~r~an lagidscape° X11 turf Pa~~ ~ of 6 eff®rts: rr~oivir~g9 c:~arb/sideail~ edging, ay~d t~tr~ condition r~-a~st meet ~'~()T Il~€~i~atc~nc~a~~c~ Rating P~~r~g~~~na (I~iIRP~. ~f,itter ~rontrol: Tl~e project site shall amain as litter free as practicable. it is recol~~~ter~ded to recycle t~is litter to avoid urrr~ec;essary waste ~sy its ruse. Litter rez~oval efforts rr?ust rr~eet ~`1~C~~' 1l~c~in2enanc~~ Resting ~'re~gf°~na (I~RP~ standa~•ds. ~eedi~g /herbicide: ill p]ar~ting areas sl~ail be rrzair~tair~ed as weed free as prar~ti€;able er~l.isting integrated pest managerne~t prac~tiees ire areas specified on the plans grid by rnazr~.taining proper mt~ich lev~is. Extrerr~e care; is rec~srnrrie~~ded if rasing a c.hernieal herbicide to avoid overspray onto plant ra~aaterials: ~1ny damage resazitirflg fa~om overspray is tl~e applic;ator's responsibility to restore the plantings tc~ the approved plans. Plant ~etalacerraent: Plant replacement shall be the ,see species and speci~cati~ax as the approved plane ~raJy plants graded l~'i®rida #i or better, per the Flr~~°ir~c~ ~e~artme~zt ~f~g~°i~a~~ta~~e ~n~ ~eans~ur~a~~°s ,Se~°vic°es, G~c~ea'es e~~e~ ~"d~rnc~~r~'s f~~ I~Tir~°serv ~l~r~ts are permitted. an l'1~C3~' r®ad~vays. S1~o~lr~ it become necessary to change: the species, a general aase, permit is re~raired from l~'~~~i' for approval by the F~~' district Landscape ~rel~iteet. i~ards~.a ~~~e~i~it~ ~rfaczn : ill specialty pave?°s arad tree grates shall be anaintained irz saach a manner as t~ prevent any potential. tripping l~azzaa°ds aa~d protect damage to the pavers and tree grates. ~`inal s~zrfaee tolerance frc~rn grade elevatioaas sl~iall, at a rninirr~azr~, meet tae raawst cazent Iraterl~ckang C.-'~nc~°ete ~'c~v~r~aent Institute ~~C;"~~C), ~S`ectir~n 23 1 ~ 13 Late~°dncki~€g C;`or~cr°~~t~e .~'~~e~°~s; Paz 3.05. ~f the pavers or tree grates bee®rrae damaged they shall be replaced ~vitl~ the earns type arsd spc~ci~cata®rz as tl~e ~pprc~vc~d plan, ~iard~ca~ IVoa2-~tarad~rs~,~'ravel~v~Si~ri'a~i~~z~): it shall be tl~e responsibility of the f1.Gl~,~IG`~' to .restore an raraace:eptable ride condition ol` the raad~~ay, including asphalt paverne:nt, caaased or contrab~.ated l;y the in5tallati®ra or t°ailaare of non- standard sazrfacing, andf®r tl~e header c~°b, ora the laepartaxaet of °Trarasportatiora rightwof may ~vitl~in the lirraits of thzs A.greezxaent. Paven-aent restoration areas or "patches" gill have. a rninimram le~lgtl? of 10-ft, rneasurcd fros~ the edge of the header calrb, and a width to cover fall lanes fo.r each Sane affected ley tlae restoration. Pave~~~aent resto~°atioa~ evils be perfor~~aed ig~ ae;s:orda.nce vaath tl~~ m®st current edition of the ~:d~~~I' ~tra~r~liz~°d ~5~~ci~~•c~lie~ns~ ft~r R~c€cl ran~.~aPic~ge ~'c~~~st~ r~cti~a2o ar~d take ~'~C~~ .~c,~igra ~t~ndr~~°rIs_f®t~ ~~sign, ~t~nsl~~rc~tiea~t, ~i~t~~rcxnc~ r.~a~~d Iltilil~, ~3~~r°c~ti~r~~ ~~ the S'teat~ tgh~vcxy ~,~ste:. ~'ag~ 3 crF~ 6 It shall be the responsibility of the ~~~.I~C,~ to rnairata.i~a a]l si~~s looted vaithiz~ ~ ~©r~-standard s~rfa~;in~ area. Such rnaz~tcnar~ce to be pr®~rided by the ~~1~?`~C°~ shall inci~de r•cpait° acrd replace of the si~;za panel, post a~ad base. I~ardscape (Iaandsca~ae ~§.cccr~t f,i~htir~ p _ IJandscape accer€t li~lztzn~ shall be ainiair~cd in s~cl~ a anncr as to pr®lor~~ the 3ife of tl~e li~lati~a~ fixture and prc~cnt potential safety hazards. If the li~hti~a~ ~i~tures and. tlacir systerri bcco~aae darAaal;ed, they shall be replaced Frith the sarrae type aaad spccificatio~ as tlac approved playa. Ie~air~tenance: "l~raffc ~or~trol Reference the i"~O~ vael~site ~•egardin~ the sciec;tion of the proper ti°af~c control rer~uirerrzents to be pro~rid~d d~arin~ ro~atir~e ~nai~atcraaax~ce and f or ra~;vv installatio~as of this l~E)T r®ad~~ay. ~ebsite: Series 60a ~ raf#`ic control tlaron~h '~Tork ~or~es - e Il. S ecific Pro°cc;t Site ll~a~ntcna~acc l~cq~irerrie~ats seed Recorrlrr~endatis~~as: ('his section is reserved for the l~.L,,,~. of Record to inform the ~geracy of specific ir~fornaati©n to air~taiaa the dcsi~n irate~ata ~s a ~aay of ~~xidin rnaint~:n~?ce pe~°so~ar~el, t~Ze laiadscape architect's i~atezat o~° s~leeti~ag; ar~d placiza~ each plant, aid each prat"s intended care to cr~snrc that i~aterAt sho~id be rl~ted ira the maintenance pla.ra with®~t ~sing~ prescriptive lang~ag~e. I~ateszt r~aay be screerzi~~ objectionable ~r'iews, seasonal color, er®sion c®zatrol, er~hancir~~ drainage; ponds, frargaing ~ ~aid~ sir vista, r~at~ra~ a~°ea rest®rati®n, Intexzded r~aaintcnance ay be to ~~air~tain fill f€~liage9 rr~a::ir~tain r~at€°~1 habit,- rriaintair~ cle° tr~xnl~ per I'l~C)'~ safety criteria etc). l~tE~l~'l~IC~S ~lrzaerican. National Sta~adard Instita~tc., ~~~~~ A.~(?U, ~~~~t 1).~~~ ~"~°~~ ~'r~~e ~~e~~~'ti~~x,~ --- ~'~~~s, Sh~uh, c~n~ Other ~®~c~y 1~lcas~t ~r~i~l~~~n~~ - ~`tr~~~~~r~.~~°c~~tic~,s° ~1'~t~~ai~~), a~aila.l~ic for p:zrchasc 3ttt7 +~1_` ~ ~' __~.~ ^~-~ cIa~IC Ils£i.G1~_#3~ p`lorida ~epartr~aent of A.gric~ita~~°e and Consumer Ser~vicers, l~ivisior~ of Plant frzd~st~> 1~'lra~a~~x Ci~°~~'e,s crnc~'S'~c~~r~cr~°~~.~~y~N~crs~~~ASt~~k, a~railable zor p°cixase t ~_i-- ~_l~~v~0 ~. _..._ ~~.f"' t1 t~`e1 ~;~ii ~(iR.~~.~~ tEiP i/_~ ~ .,,._~..~(i~~. ~~: ~[)~l f~~lorida 13cpartrrrerzt of"l'ransportai:ion, ~1~C)T ~c~~i~}r~ R~'tra~c~crr~cl~~r~r ~e.si~aa, ~°csaas~ah~scti~an, ~crf~~ten~a~acc cxazc~ Iltilr.'ty C~~~r°crti~n~~ ~~ ~d~e .State ~~i~,yhrc~ca,~~.S'y~tcrn, I~acle.°c ~~4 .~;cx~adsc~i7e I~r~.~t~I~~t~i~~a fL ~~J ~~ }f~f ~S~ 'C.. ~-3, ~ ~, ~[~ 3r ~ i P_,i Y~V;, °i f r ~3E~41 ~~~e ~ ~~ Fl®r~d~.I)~p~~r~z~t ~~~~`r~z~spartatic~, ~`l~~~l'I~e.~ig~ ~S`te~a~c~~~c~,~~c~~° 17e5°igr~, ~c~a~.str~actir~n, ~frxir~tr~~cx~2e°~ c~~c~ ~talrt~' ~)I~~r~tica~a,g~ are the Stcat~ I~ighYV~y Sys°t~rn, i~~'e~ X46 Sight .~i~tcar~ce rat I~te~seci~i~~s i,~i t~ ~ F~_F7r'6i C~i)~.~~~~~'.zl. fl~'I'C.~(:'C.'~e~.it' l ~~ ~~~'1~~~:1~5-~~ '~~; I'~c~r~da ~epar~tx~~r~t ~~ `Tr~~~~p~~ati~~, ~'1JPJ)~~e~ig~z Sta~z~r~~°~~~~p° z~~sag~t, Cra~t~t~°t~etia~, I~P:~~~tt~~r.~r~~~~ ~ttc' ~Itilit,~ O~~rcrtec~~.s n~ t~a~ ~5'tcrt~ ~lighwcr~ S~~~te~t, In~~~ 7~~ ~c~~,~ir~c.~ ~lffs~t~ ~.','~~.;', ov_„~"t^; ~~45~:.~~r1chC.,_~~ s~'s~ `'CCi' sl?;k~.,~ (~~ ~_ ~ ~.~~'s~ ~i~7 /~}~~ I`'Ic~ri€a ~~p~~~~;~~tt c~~ "I`.r~r4spc~~l:~tac~ta,1?1~[ll" ~'t~~.s ~~°~pc~aFcali~ra c~~r~~r,1 (~~') ~rl. I C'ha~t~~ps 2.11. S, ~®r°iz~~atai ~Ylccrrrr~~acc~ tcJ Ta°~e.s; ~"~hl~ 2.11, ~ ~"v~izc~ntal C~lecz~r~ncr: cc~~r~ ~Zc~a~ ~r~~ac~; a~'ig~r~ 4.1.2 C'lc~r~a° Zr~~ze; ~nc~ ~'cr~le 25~ 4.1.I,1 C'l'~r~~ ~v~~ ~~irlth (feet) ~~a~ .~'~h~~ 2~. -~.1 ~. PI ~fQ~r 11~' Y.~J L~ ~L ~ ~'{. '~#~i ~1 E~ b; 4rif 4-~`~(~Atf A ~~4 ~ 4_ ~J r ~~ ~\f // S ~. E.~P Y3~ I l \'L~ I ~f G}: ~ k~. F Z.h~ k~ ~~r~d~ I~~p~~t~~~rat ~I' ~'rsp®~t~tia, ~.~C~~' Stc~~c~~r~~ S~eci~~crtira~z.~, f~a~ Rr~cr cd~~ 13~°irlge C'vnst~~ecti®~, See°ti~~r S$~1 ~aa~d~ccrlae I~aste~licrtion 'f-, ~a~srLV~'~~ C~C'i1 S~E~xi~ ~',~I:i~~~E~`('~€~,lE~C~~ ~'+IEi ~r:-,i~I%~.~7~~~~3(ag _~- ---- T--__ _~__...__ .-- ----. __..__ Fl~r~d~. I~~p~a•ta~~~t ~~~a°~rbsp~rt~t~~~x, ~fai~te~cra~~r' Rc~ti~a~P~~g~~ ~~~z~dbr~~~ Y~it /lii€?'c1nE`st.C1CSC:.~~~aY~;.il.~sl~f~tru~r=~~ir~t~E~i~~~c~s~9'(~iceliiE~f~-~~~r~hc:~slc2~~7~:~t4;~E,.;~~ '~.c~~•~da ~~p~xt~~a~nt ~p'I'r~~a.spc~rt~t~€~~, ~,~r~~sc~p~ Ar~1l~tect~r~ ~T~bs~t~ ~lt~. ~ ! ~1A i~+,~v €~~3~.4tcl~6 .._ ._[Z~l'"1~11 ~ ~3~, 3t.~t~ r~ s_,4`d ,~ I,~~"' ___~ _ -__.- _ ,r Ir~t~r~ca~~~~,. ~c~€~cx~t~ ~~~r~~r°~~ I~tztl~tc; (I~~I~ ~ttt~_,'!~r~,F~~, _ ~~i latt~:llw~vur.fisstate.t~rg I~ter~~2ti®~~~ S~~a~ty ~I'~~b~r~c~it~r~ (I~~} I~n~~l ®x~ I~a:c>~~x~ T~°~I'~; ~~trc~~ I~~v~c.~s F'~~rid~ Ir~g~ic~r~~ 5~~~ety ~. F.tc~rid~ T~~p~rtr~~rat c~~C:`~rrEra~a~ty ~~'f~~rs ~I°~~,}, ~'Ir~~°irl~r l;~~a~°c~r~fl3~rilrli~g ~'c~~es~ ~ S'tr~~r~,r~s, .F'h~ic~ix ~3ce~~.~ihility C"rjc~e f~r° ~uil~'irxg ~'ra~str•~€cti~.a~ C~'~icle try ~~~ad~~icl~ ~~~~ia~g ~~c~ ~uicle try ~'u~f' i~l~ta~t~n~t~~ct, ~v~~Ia.~l~ fog- p~r.~~2~ e I1~.I~_, / i7I~:33 '.i _~. .__.-z ti ,s,;y~ ~~:_, ti~:~1~I,~: E~s1S~ ~ 31~i ~c3o~~ .~ (3t 6 ~c~~~~ibl~ ~id~rva~'~ ~i~~s~~ (~~~j -._...__d..T ..~ - _ - _~....,_-_ Page 6 o-f 6 SITE CITY of DELRAY BEACH EMIfiOM18VTAL SERVICES DEPAR'TWB~T 4t4801lfH 6MMf~1 AVBiIIF OBJIAY~AOIiFLQaA93/M ATLANTIC AVE BRIDGE UNDER PASS ART WORK LOCATION MAP OAlE:3-11-OB ARIBRIOGSXII 2006-045 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 11, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 DEVELOPER REIMBURSEMENT AGREEMENT/ALTA CONGRESS OWNER, LLC ITEM BEFORE COMMISSION This item is before the Commission to approve/authorize the Mayor to execute a Developers Agreement with Alta Congress Development. The Developer's Agreement, in the amount of $16,550.00, is to cover the costs of increased capacity of the proposed sanitary sewer system to handle future development. BACKGROUND Alta Congress is a proposed development along the west side of Congress Avenue between SW lOtr' Street and West Atlantic Avenue. The proposed development will include residential rental units. This project is the first development within the newly created Mixed Residential, Office and Commercial (MROC) District. A study was undertaken to analyze the impacts that this new district would have on the existing potable water, sanitary sewer and reclaimed water infrastructure. As a result of this study minimum upgrades are required to ensure that the infrastructure can handle the proposed developments along this corridor. This agreement is a result of the need to implement certain upgrades at this time. The required upgrades, or "oversized improvements" as identified in the attached agreement, include enlarging the proposed wet well of the relocated lift station and increasing the size of the force main from the relocated lift station to the existing 20" force main on Congress Ave. The City's contribution will be $16,550.00 and will be available after a budget transfer. FUNDING SOURCE 442-5178-536.83-Olafter transfer. RECOMMENDATION Staff recommends approval. Prepared by: RETURN: Jason S. Manlcoff, Esquire Weiner & Aronson, P.A. 102 N. Swinton Avenue Delray Beach, Florida 33444 DEVELOPER REIMBUIEiSEMENT AGREEMENT '1CHTS AGREEMENT entered into this day of , 2008, by and between the CITY OP DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and ALTA CONGRESS OWi\,7ER LLC (hereinafter referred to as OWNERj, to provide as follows: WHEREAS, OWNER, is developing the property referred to as "Alta Congress," as more particularly shown on Exhibit '°A" attached hereto and incorporated herein (the "Development"j; and '6~VHEREAS, OWNER intends to construct certain sanitary sewer improvements located on the Development and in the common area of Congress Park. Tile sanitary sewer improvements include an 8' diameter duplex pump Iift station wet well, a 6" diameter force main, a "duplex pump" sized valve pit and a 20"x 6" tapping sleeve and 6" gate valve, the costs of which are shown on Exhibit ">l3" {the "Improvements"}; and WHEREAS, the CITY has directed the OWNER to design and construct oversized improvements with excess capacity to serve areas outside of the Development. The oversized improvements include a deeper 10' diameter triplex pump lift station wet well, an 8" diameter force main, a "triplex pump" sized valve pit and a 20" x 8" tapping sleeve and 8" gate valve. the costs of which are shown in ~~zhibil "C" (the "Oversized Improvements"}; and NOW, THEI~FORE, in consideration of the mutual covenants and undertakings set forth herein, the OWNER and CITY hereby agree as follows: 1. The above-stated recitals are incorporated herein as if fully set Earth herein. 2. The OWNER shall construct the Oversized izxaprovements. 3. After the system is accepted by the CITY and a full release has been granted by the Health Department, the CITY shall reimburse the OWNER, within 30 days upon receiving a request for reimbursement. The reimbursement amount is limited to the cast differential between the Oversized lrnproveaments and the Improvements, which is agreed to be $16,550.00. 4. The CITY shall have any remedy available to it in law or equity with respect to completion, finalization and acceptance of the Oversized Improvements. S. All restorations of the area affected by the Oversized Impravements shall be the responsibility of the OWNER. The restorations shall be performed. in accordance with the OWNER'S engineering plans, .more partic~zlarly described as Alta Congress Phase I, as prepared by Michael B. Schorah and Associates, Inc., Sob Nu~r~ber 1331, and approved and permitted by the City. 6. OWNER shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the laws, ordinances and applicable to the place of the Development which are applicable during the performance of the work. 7. OWNED., shall supervise and direct the installation and construction of the Oversized Improvements, applying such skills and expertise as maybe necessary to perform the work in accordance with the approved engineering plans. All aspects of Oversized Impravements O'IWOOP0041AgreementslDac 2-Developer tteimi~ursemen# Agreemen~doc shall be inspected by the CITY, OWNER shall construct the Oversized Improvements in accordance with the applicable standards and codes of the City of Delray Beach, OWNER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the Oversized Improve~r~ents. 8. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palz~ Beach County, Florida. 9. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of water, sewer, drainage and roadway improvements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 10. OWNER, in consideration of the payment of 'I'en Dollars ($10.00), receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the CITY, its employees, agents and officers from and against any and all claims, lawsuits, damage, loss, of whatever kind, arising from the construction or installation of the Improvements, including, but not limited to reasonable attorneys' fees and costs at the trial and appellate levels. I L OWNER or its contractor shall maintain workers' compensation insurance in an amount required by law and general liability insurance in the amount of Five Hundred Thousand Dollars ($500,000.00) governing bodily injuay and property damage in standard form, insuring CITY as additional named insured. 12. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs successors and assigns. O:IWOOP0041Agreenientslf~oc 2-Developer Reimbursement Agrecmen~doc IN ~VITI~iESS ~HFItE®F, the parties hereto have entered into this Agreeament as of the day and year firsfi above written. ATTEST: City Clerk CITY OF DELRAY BEACH By: Approved as to form: City Attorney WITNESSES: ALTA CONGRESS OWNER LLC By: Alta Congress LLC, ifs manager By: Wood Al#a Congress, LLC, ifs manager By: WP South. Corporation, Inc.,its manager By: .Tay .Tacobson, ifs Vice President {Name Printed or Typed} (Name Printed or Typed} STATE OF _ COUNTY OF The foregoing instrument was acknowledged before zne this day of 2008, by Jay Jacobson, Viee President of WP South Corporation, Inc, manager of Wood Alta Congress, LLC, manager of Alta Congress LLC, manager of Alta Congress Owner LLC. Signature of Notary Public-State of Florida Print, Type, or Stamp Commissioned Name of Notary Public My Commission Expires: Personally Known OR Produced Identification Type of Identification Produced O:1WO0P0(}41AgrccrnenfslDoc 2-Developer reimbursement Agreen~e»1}dac EXHIBIT" '~ ~ ~, ALL c~F- TRACT n-~ nrai) F~Or>,Tl~)NS OF° rRr,~Ts n, 8, r Arlo} E-~, Carr14-1~Es PnRtC, ACCORDING TO TI•lE F'~,~T TIlEREOF tiS RECORDED It~i F'I../i1 BO{ll: ~~-, Ar PAGES 194 AiVD 1 T35 OF TI-IE r'UBl_I(; r~ECORDS OF f~AL.t.s F?FJ3Ct-I C(~7Ur~iTY, FL_ORt1~A, TRIM Ir~lG h~iORE- l~I~,F?TICrJr.,.f~F?L"~' r~E'SCRIF?T"'I'~ AS f-C~Ir.I._C~'~`~: COI~T~~E!VCrNG J~1' Th-fE SOUTHEAST CORNER OF S~;iC3 F'[J1I; ~I.IErdCE tiC)RTr1 9Q'i~0'00" 7rdEST~, A D15T/t1dGF OF 7,U0 FEET TO 'TtiE f'C)II~IT OF BFGIrJrJING; TFIEfJCE COr4TiNl1lr~iG TIORTfT c0'OD'Of3" WEST, /~ DiSTAt'-C;„ !1T 73,.97 FEET; Tt~iE1~CE tdaF?Tli 45'DU'00" VdEST, A r~iS-T'nrJC~: Ot`~ 2~i.:)..i3 Fr~wET; ~li-iEFiCE NORTIi 9o•r~t~'r~~~" WEST, n DlsTnrJCE c~14 7u.5s F~E.r (rt1~ L..nsT- ~c}u~ ~<~ CAt_~s ~Etr~lc Cc~lriCIDENT ~dil t i Tt iE so1~Tt-i ~irlE nF Sfilf? r~t~-r}; 11 li~C-J~;E rJaF2TH 00'x-2'01" WEST ALONG Tt-iE WES-T LIrJE of TF2rtGT- B OF~ S.nITl ~'t.J~T Ar~C~ Tt-IE SST LIrdE C3F L/~lt;E WOr~TH pRAi!~IAGE DISTf~IC,r Cnr•IAI, E-~, n DiSTAh1CE OF 4Q~1.79 !-EET; Tt-iEfVCE SOUTH 90'OO`OCT" E/151~. ~ r)ISTl~P1CE Of~ 65.86 FEET; -1HFNCE NORTt f 45't7C~'00" EfiST, A DIS1-AfJ~=E OF ~ 7.00 t`EET ; 'THENCE hIORTtJ 00'00'fl0" EAST, A piSTl~NC:E OE 35.(;t:) r~F:lr1-; TI-ErJCE NORTI-i 45'00'070" EAST, A DISTANCE bF 46.00} FEEi'; rl-IENCE SaUT-t~i 90'QO'00" i"J15T, A D15TANCE dr" 1T.)1.Oa FEET; ThiENCF_ SC}~lTH 60001'[)0)" EAST, A QlSTANCE OF 38.0{ FEET; Th~ENCE SaUTi-i 90'030'00" EnS"T~, A DISTANCE OF 94.00 FEET; THE{~1Caw sOtJ'TH 45'00)'{70" E/~ST, A r~ISTAr'Jr;E OF I0lC3.DD F[rET; Tt-IENCE fJORT{-t 45'00'00)" EAST, A DIST"ArJr.;E QF i 1.53? FEE1"; TFIErJCE NdFZTH OfJ'00'OQ" F.,AST, A L~1STArJCE C?F 38.070} r=EET; T11Et~lCiw N©f?Tt~i A-5'00'007" E-~1SI~, 1~ I~IST/tNC.~E UF~ 24.a~J FEEI; TriEfrCE S(3LITI~i 90"G0'OC7" EAST, A D>STANCE OF 190.6G FEET; Tt tEr~1CE NC~I~TT I {T0"rJ0`~3~1" EAST, h I~iSThfTGE OF 21.21 FEET; THENCE SOUrFi 9r;)'0)0'nr7" E,I~ST, r~. ptSTANCE OF 1 15.27 FEET; THt=Ns~E SOTJTH ~r~i QO'00" EAST, A DISCAt~CE Ot~ 46.36 FEET TO A P01rJT` ON "r-t-tE ~'YEST LINE OF cOr~It;E~F SS AvEN1.1E; TF1EhJCE SOUT~i UC3'0o't)C7" EAST A1_~3rJG SAID `fdEST LIFE, A ()1 ,TI~Nt~,F r7r= 5?~?.7F 1-EET To Tr-1E F'OlNT of F~~INNINC. , ToGETI-iEF7 Wrrtr AN'Y AND ~~~ F~ENEFiCIAL ~sEt~,l~Nrs coNrAltJEn Ire ~ aECLnRaTlc~t~l ar~ CavEN~~N t~s, CONr~IT1oNS nnl~ RESTRICTIONS F~oR GaN€;RESS Pn(~K OWt~tI~RS f~S50C;4ItTlat~T, tt~iC., WI-tiC;t-t C0)I'JT111~JS F'ROVfS{OHS 1=CSR A ~'RIVA~~E CH~IRGE aR ~iSSES5IENTS, F~ECORLEU ~1PRiIL. 26, 1988, IN BOOK 5647, PAGE 1730, AS /~MENC~Ei) E1'r' ASS€Grlr~FrJT AND AS5UM1'~T1C~N OF UF~cLnRArJ'T'S F~IGtiTS RECORI.:7EG NO'~/EME3ET~ 5, 1990, 1N F~OC~K 6633, PAGE fi85, AMENDhr{EtJ1 T~~ f~ECl.Ar?ATlC}rJ RECflRi~l'D IN Boot: 6633, T~AGE 689, fisslGNfvsT:hT1' AfdC) nSS~jr~f~-Clr,~rl OF 03ECLARANT'S RIGt-ITS RE:CaRDET~ I" EBRUAT~Y 1 1 , 1991, 1N f300K E725, E~AGE 3.39, SLCOr~C~ l~t.~Ef~rJr~IENT TO DE~:V~F',~:TtC1rJ RI`~.:ot~h)E[~ ,1ANL1f!RY 1 C~, 1 997, EN BC101: 9616, PAGE 995, T~I~IiRD Ah~ENC1P~iF;a•dT TO TJECi~TZAT'lat~ RscoRaED sEF~TEMBER 1 ~, ~aU.~, IN ~~_!c.}!f 15~~ ~~. r~~cE 9zz, Ar~ENDEL~ firJ~ RESTA~f-ETA TF~iI~[~ ~,r~iEND!~ENr ro L~EC~~F~ATloN RECORDED fdOVEMBEI~ 13, 20106, IN BQ01< 210'x, 1-'n,GF: 1011:x, Ptl©I_-EC, F?ECO(RDS OF~' F'At_tv1 Rr,~CH C;CaUI`!T1'. (;~~1PJT'~`,lNING 9,7727 AC.r~~=_S (~Za6`?T3 S0)L)ARF FF"F..l~, r~'(lr?F t'3R I.C:S`~ ~~ MICHAEL B. SCHORAH & ASSOCIATES, INC 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH, FL 33406 (561 j 968-0080 EB #2438 SUBJECT: EXHIBIT 'B°: THE IMPROVEMENTS PROJECT: Alta Congress Phase I JOB NO.: 1331 BY: MJL DATE: 1130108 CHECKED BY: SHEET NO: 1 of 1 REVISED: ,,. I~EI4A .: : QirPAN1'[~"Y. ... : ~N#7 .: F?RiCE.: TC~gAL ..: Lift Station (10' f7ia. We# Well Bott. Elev. (-5.85)) 1 LS $340,000.00 $340,000.00 2D" x 6" Tapping Sleeve and Valve 1 EA $10,0(}0.00 $10,000.00 6" Gate Valve 1 EA $1,000.00 $1,000.00 6" DIP Force Main with Fittings 140 LF $70.00 $9,800.00 3~Q,801)0~ :... '~Q'~AL.:: ~ qoc 2- Developer Reimbursement Agreemen#-Exhibit B.xls ~ 8 Its ~ MtCHAE', B. SCHORAH & ASSOCIATES, PROJECT: Alta Congress Phase I 1850 FOREST HILL BLVI]., SUITE 208 WEST PALM BEACH, FL 33446 JOB NO.: 1331 {561) 968-0080 BY: MJL bATI=: 1130108 EB #k2438 CHI=CKI=D BY: SHEET NO: 1 of 1 SUBJECT: EXHIBiT'C': OVERSIZEb IMPROVEMI=PdTS REViSEI~: i~"1=M . , . , :;. t~UAI•!'TITY. .. . -.UldlT :.. ;: ~?Rllpl~ ; :. , - ,.. T{3TA~:.. Lift Station {10' [7ia. Wet Well Bott, Elev. {-7.0)) 1 LS $353,000.00 $353,000.00 20" x 8" Tapping Sleeve and Vaive 1 EA $12,000.00 $12,OOQ.00 8" Gate Valve 1 EA ~1,15Q00 $1,150.40 8" bIP Force Main with Fittsngs 140 LF $80.00 $11,200.00 ~: 3Z7~35t1;0t#: T~T~.L ~ Doc 2-Developer Reimbursement Agreement-Exhibit C.xls ~--+ v, O U m Q =a a° ~= ~ M r' Y° _ OHO ~~ ~- oLL .~ a. Z ~_ C~ U (~ N m (~ L 0 0 N 07 r M MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 12, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 RESOLUTION N0.08-08/ABANDONMENT OF RIGHT-OF-WAY ITEM BEFORE COMMISSION The item before the City Commission is the proposed abandonment of a 0.29 acre portion of Old Germantown Road ROW in conjunction with a proposed plat for amixed-use residential and medical office development named Midtown Delray. The parcel is located at the southwest corner of Linton Boulevard and Old Germantown Road, west of Park Access Road. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Right-of-Way. BACKGROUND The proposed abandonment area is within an easement currently in favor of the Lake Worth Drainage District (LWDD) L-36 Canal. The LWDD district also has a reservation claim to this portion of property. The LWDD quitclaimed a large tract of land generally known as "Blood's Grove" to a private owner and excepted-out a strip of land 40 feet in width on each side of the center line of the County Road (Old Germantown Road). On April 11, 2007 the LWDD Board of Supervisors approved the piping of a portion of the District's L- 36 Canal to allow the installation of parking for the Midtown Delray mixed-use project. On June 13, 2007 the LWDD Board of Supervisors declared the portion under consideration as surplus, selling it to the adjacent property owner with the requirement of an easement retained over it for the L-36 Canal. At its meeting of October 24, 2007 the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations for the Midtown Delray mixed-use development subject to the condition that the property be platted and that a portion of Old Germantown Road right- of-way be abandoned. On December 11, 2007 the City Commission adopted Ordinance #46-07, which approved development of the Midtown Delray mixed-use project. The related plat will be considered by the Planning and Zoning Board on March 17, 2008 and the results will be reported to the City Commission at this meeting. The right-of-way abandonment is now before the City Commission for final approval. REVIEW BY OTHERS The City's Environmental Services Department has identified a sanitary sewer main located within the subject area and has asked that a utility easement be retained over the entire area via the abandoning Resolution in favor of the City. Other than this requirement, the City Engineer has no objection to the abandonment.The City's Fire Department has reviewed the request and has no objection to the abandonment. Utility provider companies FPL (Florida Power and Light), FPU (Florida Public Utilities) and Comcast Cable have reviewed the abandonment request and have no objections. At the time this report was written, AT&T Telephone Company has not responded to the City's notification. RECOMMENDATION Move approval of the resolution abandoning a 0.29 acre portion of Old Germantown Road right-of-way lying northeast of and adjacent to the Midtown Delray property by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations subject to the following conditions: 1. That the Resolution abandoning the subject area includes language which establishes a general utility easement over the entire abandonment area. 2. That the all easements, reservations and/or claims to title pertaining to Lake Worth Drainage District jurisdiction be satisfied prior to the recording of the Resolution abandoning the subject area. RESOLUTION NO. 08-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA VACATING AND ABANDONING A PORTION OF THE OLD GERMANTOWN ROAD RIGHT OF WAY LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND OLD GERMANTOWN ROAD, WEST OF PARK ACCESS ROAD AS MORE PARTICULARLY DESCRIBED HEREIN BUT RESERVING AND RETAINING TO THE CITY A GENERAL. UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS the City of Delray Beach, Florida, received an application for abandonment of a portion of the Old Germantown Road right-of--way, as more particularly described herein, and WHEREAS said application for abandonment of a general public right-of--way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on and voted to to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5), and subject to the condition that a general utility easement be retained over the entire area, and WHEREAS the CitS~ Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of--way based upon positive findings pursuant to LDR Section 2.4.6(M)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof as more particularly described herein for the purpose of emergency access and constructing and or maintaining either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of--way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof for the purpose of emergency access and constructing and/or maintaining either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations more particularly described as follows: EXHIBIT "A" CONTAINING 12,632 SQUARE-FEET, MORE OR LESS. Section 2. That the Delray Beach CitS~ Commission hereby retains and reserves unto itself a general utility easement over the entire abandonment area, for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the CitS~ or private corporations, more particularly described as follows: EXHIBIT "A" CONTAINING 12,632 SQUARE-FEET, MORE OR LESS. PASSSED AND ADOPTED in regular session on this the day of , 2008. ATTEST: City Clerk MAYOR 2 RES. NO. 08-08 '~~~~6~-t ~9~ Q ~ TEf: 5fi1 241-9988 951 Broken Sound Parkesay, Suite 320 S URVEYING & M A P P f N G Boca Raton, Florida 33487 Certificate of Aut~oriration No. L872fi4 Fax: (561} 241182 SKETCH AND LEGAL DESCR1PTi0N (NOT A SURVEY) BLOOD HAMMOCK GROVE-- RIGHT OF WAY ABANDONMENT LEGAL DESCRIPTION A PORTION OF LAND LYING IN SECTION 25, TOWNSHIP .46 SOUTH, RANGE 42 EAST fN THE . CITY OF DELRAY .BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLL011VS- COMMENCING A7 THE NORTHEAST CORNER OF "HAMMOCK RESERVE",ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT- BOOK 80, PAGES 166 THROUGH 175 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; FLORIDA THENCE NORTH 88° 4]'21" EAST, ALONG THE NORTH LINE OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, A DISTANCE OF 237.16 FEET TO THE POINT OF BEGINNING> THENCE CONTINUE NORTH 88° 41'21"EAST ALONG. SAID LINE, A DISTANCE OF 219.85 FEET TO A POINT ON THE NORTH RIGHT-OF-WAl' LINE OF GERMANTOWN ROAD, AN $0,00 FOOT WIDE. ROAD RIGHT-OF-WAY. THENCE SOU1'W 69° 58'19" EAST, ALONG THE SAID NORTH RIGHT-OF-WAY LINE OF GERMANTOWN ROAD, A DISTANCE OF 28.89 FEET . TO A PAINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE WEST, AT WHICH THE RADIUS POWT BEARS SOUTH 40° 53'20" WEST: THENCE SOUTHERLY ALONG THE- ARC OF SAID CURVE, HAVING A RADIUS OF 34.00 -FEET AND A CENTRAL ANGLE OF 46° 26`29", A DISTANCE OF 27.56 FEET TO THE POINT OF TANGENCY. THENCE SOUTH D2° 40'1]" EAST, A DISTANCE OF 66.50 FEET. THENCE- NORTH 69° 58']9" WEST, ALONG SOUTH RIGHT-OF-WAY LINE OF SAID GERMANTOWN ROAD, A DISTANCE OF 278.59 FEl;T TO THE POINT Ol= BEGINNING. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 0.292 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL .RAISED SEAL OF A FLORIDA LICENSED SURVEYOF2 AMID MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WA5 MADE IN THE PREPARATION OF THIS- SKETCH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TRAVERSE MERCATOR .° FLORIDA EAST ZONE, WITH THE SOUTH RIGHT-OF-WAY LINE OF LINTON BOULEVARD HAVING A BEARING OF NORTH $$° 41'21"EAST, BASED ON COORDINATE VALUES OF PALM BEACH COUNTY CONTROL MONUMENTS ="PITZEN", "IMAGE" AND "POTTER". ALL DISTANCES SHOWN ARE GROUND DISTANCES. A SCALE FACTOR OF 1.0000374 WAS USED FOR TH15 SURVEY. ABBREVIATIONS L - ARCLENGTH O.R.B. _ OFFICIAL RECORDS B40K CONC. - CONCRETE P.0.6. - POINT DF BEG.€NN€NG- COR. CORNER P.O.C. - POINT OF COMMENCEMENT D = DELTA {CENTRAL ANGLEI P.B. PLAT BOOK D.i~. - DRAINAGE EASEMENT P. B. C. R. ~ PALM BEACH COUNTY RECORDS I.R.- - IRON ROD PG. PAGE I.R.C. IRON ROD AND CAP P.S.M. PROFESSIONAL SURVEYOR L.B. L1CEN5ED BUS [NESS fl MAPPER L.5. L1CEN5ED SURVEYOR R/W R€GHT-OF-WAY MON. MONUMENT U.E. UTILITY EASEMENT L. W.D-D• LAKE WDRTH DRAINAGE 015TRlCT .CERTIFICATION I HEREBY CERTIFY THAT THE 5KETCti AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED 1N CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTEON 472.027, FLORIDA STATUTES, ANp THAT SAID SKETCH AND DESCRIPT]ON E AND CORRECT TO THE BEST OF MY KNOWLEDGE LIE S PRE RED UNDER MY DIRECTION. DAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 LAST DATE OF FIELD WORK ~ NOT A SURVEY Proiect Hamer BLOOD F3AMMOCK GROVE R/W ABANDONMENT onl'E: 2/12/2008 ,,as No. 05133 owc sr: JLH cK•o ey: J5F3 SHEET 1 OF 2 ~ ~~` /c`~ /J f SKETCH AND LEGAL DESCRIPTION {NOT A SURVEY} (BLOOD HAMMOCK GROVE)-RIGHT OF WAY ABANDONMENT. ~~ CO _^°j WARRANTY DEED ~~ TO CITY OE DELRAY i `~: mrn ~~ (0_R.B. 1D226, PG. 1233) ~ I F /~ ~ • R-34.40' w • ,~ . ~/ I L-27.56' cn~ I{7 z ~ Y ~ ¢ I z~ lea. Q I ~~~SD2° 4D`11"E "~ ~ ~ I~ j ~ 66.50' I J ~ ~ `n r III mUl N~ N ~ ~ Y i z tY3 ° ~_ ^q~Ill O~jj N ~' ~ ~ Z ~ I cn o _-.~' II I ~I ~I ~ ' z ~/ I I : ~~ II I ~ 53 53 ~ , ~ a~ i , ~~ ~~ ~ f ~ ~~ aN _ J ~ m I ~, ,-- ,.. I N Z o IQ ~ ~~ I d- ~U i r ~¢ I~ "' "' ~'" . N J ~ l` ~ ~ °- ~ ~ I N_ ~ ~m I J~ ° ~ ~v I ~ ~ ~~ I -i ~ / I I I 12`f.P.L. EASEMENT ~ I (fl.R.B: 2749, PG. 714) / D1° 18'39"W~ o - - - ~-- - - - so:oa' I I ~ ~~ . ~- - --~ ~`~~~ j o (ORCHARD LANE ` o~~ I L" (PRIVATE STREtT} ~~ 1 ~I W W ~ o Q Q.I o ~°- o ~ I ' ~'~"HAMMOCK RESERVE" ' ~;~~ ~ ~ (P.B. 80, PGS. 166-175)_, i Iza~ ~~ I ~ ~ J .106 No. 05133 Project Name= BLOQD HAMMOGK Cfi4VE OwG BY= JLH - SCALE: 1"-100' R/W AB{WD01~1MENT cK•o ey: JSH Are: 2/12/2008 SHEET 2 OF 2 =MMA UEL CHRIST CAT OLIC THE KfNG CNU CN MONASTERY LAKEVlEW OF GOLF COURSE 57 CLARE J F- DUNCAN CENTER D RAY TOWN CENTER LINT 0 N ~___U t.. 80CARA Y PLAZA SOUTH COUNTY MENTAL HEALTH CENTER SOUTH COUNTY PROF. CENTRE CONDO II E UU~ ao 0„ C~ 0 a D BOULEVARE} n~ PA K ~\ a ORCHARD VIEW ELEMENTARY SCHOOL m 0 SUBJFCTAREA MIDTOWN DELRAY COMB[IVBD PREL[MINARYIFWAL SlJBDIV[SION PLAT CITY OF QELRAY BEACH, FL PLANNING & ZONING DEPARTMENT - DIGITAL BkSf MAP SYSTEM --- MAP REF: LMA-223 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 12, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 RESOLUTION 11-08 -MAINTENANCE MEMORANDUM OF AGREEMENT WITH FDOT FOR SUNSHINE PARK ITEM BEFORE COMMISSION The attached agenda item is a request for Commission approvaUauthorization for the Mayor to execute a Maintenance Memorandum of Agreement (MMOA) with the Florida Department of Transportation (FDOT) for the City requested improvements for Sunshine Neighborhood Park located at SW 15th Avenue and SW 2nd Street. BACKGROUND Sunshine Neighborhood Park is a passive park that will be improved by adding sidewalk, lighting, landscaping and irrigation. The west property line of the park adjoins the I-95 sound barrier wall. The plans for the park call for landscaping and irrigation within the I-95 sound barrier wall maintenance easement, therefore requiring a Maintenance Memorandum of Agreement between the City and FDOT. RECOMMENDATION Staff recommends approval. RESOLUTION NO. 11-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR CERTAIN LANDSCAPE AND HARDSCAPE IMPROVEMENTS TO THE SUNSHINE NEIGHBORHOOD PARK; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the appropriate City officials of the City of Delray Beach are authorized to execute a Maintenance Memorandum of Agreement on behalf of the City with the State of Florida Department of Transportation, for certain landscape and hardscape improvements to be made to Sunshine Neighborhood Park, a copy of which Agreement in substantial form as Exhibit "A", is attached. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this day of 2008. MAYOR ATTEST: City Clerk S1~CTI~I~d N®.: P>FR1vI~~r ~v c~: S.I~.1~'®e: X3220 2007-L-~96-®012 P~~~ >~E~cx y (~-9s} 1VI,~TI~`l`I11~A?VC~ ~M®RANI~~TIVI ®F A~REFIVIFIV~ TI-IIS AGR~~FE~'~", made and entered into this day of _..____, 20 _, by and between the STA"li'lE ®F FL®RII)A DEPAIt'I1®%IE~I'~ ®F TItA1~S1P®>ft'I'~'I']C.®1~, a component agency of the State of Florida, hereinafter called the DEPARTl~IF1VT and the CITY CBF 13FI~RA~' 1~F~CI-~, a political subdivision of the Mate of 1"lorida, existing under the Laws of Florida, hereinafter called the EIC~]~C'~', ~VI'~'1~FS,SFTkI: 'W;ETERF~S, the I)EPARTII!EEIV'I' I~as jurisdiction over State Road 9 (I-9~) as part of tl~e State Highway System; and WI~ERE~9.S, the 1~G>CI~1C~, seeks to install or have installed certain. landscape and hardscape improvements and maintain said improvements within the right-of--way oi' State road 9 (I-95} adjacent to a. Sound Barrier Wall as described with L,xhibit B; and ~IIFREAS, as part of the continual updating of the State of Florida Highway System, the D~PAItTi~F~TT, for the purpose of safety, protection of the investment, and other reasons, has constructed and does maintain tike highway facility as described in Exhibit A, attached hereto and incorpoa°ated by reference herein, rx~ithin the corporate limits of the AGTaJI~FCY; and ~~~ERE~S, the AG~+ I'C'Y is of the opinion drat said highway facilities that contain landscape z~edians and. areas outside of the travel way to the right of way line, including standard concrete sidewalk, shall be maintained by periodic tri~nihing, cutti~~g, weeding, mowing, fertilizing, litter pick-up, neeessa~y replanting, irrigation repairs, sidewalks repairs or replacements, median concrete repairs as needed, and inside the travel way if relevant; and W~IFRICAS, it is the intent of the AG1CI~1C"i' and the lli11PAR'I"1dIF1~"T` that the A~~~C~'~ shall maintain all impr©ve~nents made by the ACEI~C~ as well as areas within the right ofway by said improvements n~.ade at the request of the AGENCY ;and W~[I~RF~1~, the parties hereto mutually recognize tl~e need for entering into an Agreement designating and setting forth the responsibilities of each party; and. I W~R~AS, the AGEi~~Y by Resolution No. _ dated ~___ ...~ 20~, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to da sa, ~'®~ T~iEI~EF'~1~~, for and. in consideration of the m~~~tual benefits to flow each to the other, tkte parties covenant and. agree as follows: 1, The AC~NCY hereby agrees to install ar cause to be installed. certain, landscape, hardscape irrigation and/or other improvements on the highway facilities as specified in plans and specifications hereinafter referred to as the Project, and incorporated herein as IJxhibit B, Hardscape shall mean. construction of standard and non-standard. sidewalk, benches, trash receptacles, light poles anti light fixtures, saddle back bike rack and irrigation system. (a) All plant materials shall be installed and maintained in strict accordance with. sound nursery practice prescribed by the International Society of Arboriculture (ISA}; all plant materials installed shall be Florida #1 or better according to the most cuz-rent edition of Florida Department of Agriculture, Florida Grades and Standards far Nacrsery Stock; anal all trees shall ~x~.eet Florida Power & Light, Right Tree, Right Place, South Florida. (b} Trees and palms within the right-of~way shall be pruned to discourage encroachment i~~tto roadways, clear zones and sidewalks. Defza~ition of these criieria is included in tl~e most cu1-rent editions of FDOT Standards for Design, Construction, Maintenance, and Utility Operations on floe State Highway System. (c) `T'ree and palm. pruning shall be supervised by prohcrly trained personnel trained in tree pruning techniques and shall meet the most cui-rent standards set forth by the International ,Sociel:y of Arboriculture (ISA) and .the American National Standard Institute (ANSI} fart A-300 and when in Braward County be licensed by Broward County Ea~viranzxaent Protection Department to perform this work. (d) Irrigation instal anon anal n~aintenancc activities shall conform to the standards set Earth. by the Florida Irrigation Society (FIS} latest. edition of FIS, Standards and Specifications for `turf and Landscape Irrigation Systems. {e) When the AG)~N~Y is installing the Project- and irrigation is to be installed, the l~>CF~,FtT11~G1~'I' shall be provided accus-ate as-built plans of the system so if in the future there is a need by the ~E~A~2~I'~~T'I' to perform worl. izz the area, the system can be accon3~nodated as rrauch as possible. {t} .If it becomes necessary to provide utilities {watcz-/electricity} to the median ar side areas, 7 it shall be the t~~E~C~'S responsibility to obtain a pernit for such work through the local maintenance office and the A~IJN~Y shall be responsible for all associated fees including monthly billing far the installatio~~ and maintenance of these utilities. (g) The AGENCY is solely responsible far the relocation, n3aintenance, repair and replac~,ament of the di°ainage and electrical facilities within the property shown as an exhibit and shall include all pipes, culve~~s, autfalls anal conservation areas in perpetuity; said obhgatians are to run with the land. All hardscape shall be installed and. maintained in strict accordance with the most current edition of the Florida Accessil~ilily Code for .Building Construction and the Interlocking Concrete Pavement Institute (ICPI). (h) All activities, including project installation and utu~-e maintena~-~ce operations performed on State highway ~•aght-of way, must be in conformity with the zmost eu~•z•ont edition. of the Manual on Uniform Traffic Control (MUTCD) and FDOT Design Standards Specifications for Road and Bridge Construction, Index 600 Series, FDOT Maintenance .Rating Program {MKP), and. LAS DOT regulations {49 CFR part 27) ilmplermer~ting Section 504 ofthe Rehabilitation Act {29 U.S.C. 794). The PHWA has specific Arzaerzcan with Disabilities Act {ADA) policies for statewide plamling in 23 CFR 450.220{a) (4), for metropolitan planning in 23 CFR 450.316 (b) (3), and the NEI'A process in 23 CFR 771.105 {f). These regulations require application of the ADA requirements to Transportation Enhancements Activities. (i) The most current edition of FDOT Design Standards, Index 546 must be adhered to. (j) I4orizontal Clearance and Clear Zone as specified ir1 the FDOT Plans Preparation Manual, Volume 1, Chapters 2 and 4 and. FDC~T Design Standards, Index 700 musfi be adhered ta. {k) Landscape inlprov~enients shall not obstruct roadside signs ar permitted outdoor advertising signs, (see Rule Chapter 14-40, Pa1-t 1 and Part Ill, Florida Administrative Code [P.A.C.]). (1) The r~.G~NC~' shall provide t]~e local PDOT Operation Center, located at 554$ N.W. 9~~' Avenue, Fort Lauder°dale, FL 33309 (954) 776-4300 or (7900 Forest Hill Blvd., West Palm Beach, FL 33413 {561) 432-4966) or {3603 Oleander Ave., Port fierce, FL 34982 (772) 4$9-7072) atwenty-four (24) hour telepl~a~~e nuxnbcr and the name of a responsible person that the IJ~I'ACt~"I~CNT may contact. TI~e A.~~I~CY shall notify the local maintenance office forty-eight (4$) hours prior to the start of the project. (zm) I there is a need to restrict the normal Ilaw of traffic, it shall be done on off--peak hours {g AM to 3 PM), and the party perfoz7ming such woo°k shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to coamnaencia~g 3 work on the project. The D~PARTV1iEi~~I'S Public Infoi-~~zation Office shall also be notified. (n) The t4~El~C~'~ shall be responsible for assuz-ing that azly existing utilities within the project hznits are not impacted. If any utilities are impacted the ~Gl~i~CY shall remain responsible for obtaining all applica(~le permits or agreements fi•on~ the utility applicable. (o) The AG~I~C:Y shall follow the miniznu~n Ievel of irnaintenance guidelines as set forth iz~ 'DOT'S Rule Chapter 14-40 Highway Beautification and Landscape Nlanagemcnt, in the FDOT Guide to Roadside Mowing and Maintenance Management System, and Exhibit C Maintenance flan for znaintenazicc activities for landscape projects. 2. The A.~EiirC'~ agrees to maintain the landscape imprvve~ent~s as defined as: plantings, irrigation, and/or hardscape within the medians and areas outside the travel way to the right of way line by periodic pruning, mowing, fertilizing, weeding, curb and sidewalk, edging, litter pickup anal necessary replanting, sweeping andlor repair fallowing the I~JEP~R'I'11~ET~'h'S landscape safety and plant care guidelines and Exhibit C 1Vlainteazace Ilan. The .AGENCY'S responsibility for maintenance shall include all landscaped/turfed. az•eas and areas covered with non standard surfacing (hardscape) within the median and areas within the travel r~vay to the right of way line, including, associated header curbs and concrete areas. It shall be the responsibility of the ~GEIVCY to restore an unacceptable travel condition of the sidewalk caused by the differential characteristics of the standard anal non standard surfacing and/or the header curb on Department of Transportation. right-of way within the li.fnits of the Project. Such maintenance to he provided- by the t~GEI~~CY is specifically set out as follows: to maintain means the proper watering and fertilization of all plants and keeping then. as free as practicable frosa~ disease and harn~ful insects; properly mulching the planting beds; keeping the premises free of weeds; mowing the grass to the proper height; properly pruning all plants which at a ~nin.imum includes: (1) removing dead or diseased parts of plants, (2) pz-uning such parts thereof to provide clear visibility to signage or for those using the .roadway aa~d or sidewalk; (3) prcventi.ng any other potential roadway hazards. Plants shall he those items which would he scientifically classified as pfaxzts and include but are not Iiznited to trees, shrubs, groundcover and sod. To maintain'also means removing or replacing dead. or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants af~ the same size a~~d grade as specified in th.e original plans aa-~d specifications. To zx~aantain also xneaz~s keepi~ag the header curbs that contain the standard and n.on~standard surfacing treatnaezz.t in opti~nun~ condition. To rn.aintaili also means keeping the hardscape and sidewalk areas free from weeds and repairing said hardscape as is necessary to prevent a safc;ty hazard. To maintain also means keeping litter removed fi-ozn the l~nedian and areas outside the travel way to the right of way line. 4 The AG~NC~ agrees to maintain all- standard surfacing treatment in optimum condition. To lrzaintain also means keeping the hardscape and sidewalk areas free of weeds and repaizing said hardscape as is necessary to prevent a safety hazard. To ~rrtaintain also means keeping litter removed from areas outside of the travel way to the right of way line. If it becomes necessary to provide utilities (waterlelectricity) to the median or side areas for these in~proveznents, all costs associated with accent lighting az~d iz~rigation installation, maintenance, fees and connections as well as on-going cost of the utility are the maintaining AGEI~C~'S responsibility. The above named functions to be performed by the AGIGN~~ may be subject to periodic inspections by the DEPAlt'I'Ml'ul~1T at the discretion of the I3EPAItTI'VIEIoIT. Such inspection findings will be shared with the AGEI~TC~' and shall be the basis of all decisions regarding rcpayznent, reworking, or Agreement tez-zninatioza. The AGEN~'Y shall not change or deviate froar- said plans without written approval of the ~EYAl1tTlV~ENT. 3. If at any tizxze after the AGEI\1C'Y has undertaken the installation of the landscape and for other i~riprovements andlor zriaizltenance responsibility mentioned above, it sha11 come to the attention of the ~E~A~T1Vi>FI~TT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreeznez~t, said District Secretary, zxzay at his option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGEI~C;'Y on notice tltez•co£ Tl~ereafter, the AG1rl~1C`~' shall have a period of thil"Cy (30) calendar days ~,vithin which to correct the cited deficiencies, If said deficiencies are not corrected widzin this tune period, the ~E~~ARTI~EI~iT may, at its option., proceed. as follows: (a) Complete the installation, or part thereof; with T~E~ARTTVIEIrTT or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b} 1Vlaintain the improvements or a part thereof, with DEPAR')i`1V~E~IT or Contractor's personnel a.nd invoice the AG~;I~1C`Y for expenses incurred, or (c} Ten~ninate the Agreenent in accordance with Paragraph 6 of this Age•eeznent, and remove, by ~~E71'A~T~iEI~'~` or private Contractor's personnel, all of the landscape improvements installed under this A~nce~nent or any preceding Agreezxzents except as to trees and palms and charge tl~ze AGE~~CY tla.c reasonable 5 cost of such. re~xroval, 4. It is understood between the parties hereto that the improvements covered by this Agreement may be removed, relocated, ar adjusted at any time in the future, as determined to be necessary by the I7EpA>i~'I'1VIEI~T in order that the adjacent state road be widened, altered, or otherwise changed to moot with future criteria or planning of the I)~,I'~1I~'I`1VIEN'I`. The A~EI~iC~' shall be given sixty (GO) calendar day's notice to remove said ilnpi°avemenfs after which tune the I~EI'A,R~':Y9E'~'I' may remove wine. All permits (iz~cludi~~g tree permits), fees, a~~d any mitigation associated with the removal, relocation or adjustments of these ianprovemcnts are the maintaining A~ENCY',S responsibility. 5. 'T'AE r~GEI~CY at its own expense and by permit shall install the landscape improvements described in Exhibit B. The I9EPAR'T'MEN'I' shall be invited to assist the CI'T'Y ~E DEL"Y ]~E~Cki in final inspections before acceptance of the job by the A~E~~CY. The I~EP.~R'T'1VIE1~T shall approve the job provided it complies with the permit. 6. This Agreement a~~ay be tc~-~ninated under any one (1j of the following conditions: (a) By the DE~ATd'I'l~El®I'I', if the r~.GE?~ICY fails to perfoa its duties under Paragraph ~, following ten (It7) days' written notice. (b) By the I}EI'AlS'I'11TEN'I`, for refusal by the r~GEIVC`Y to allow public access to all dacuz~ents, papers, letters, ar other material subject to the provisions of Chapter I I ~, P'larida Statutes, and made or received by the r~~ENC'Y in conjunction with this Agreement. 7. The term of this Agreement commences upon execution. 8. The AGFl~CY is a political subdivision. as defined in Section 768.2, Florida Statutes, and agrees to be fully responsible far acts and omissions of their agents or e1n~playees. Nothi~~g in this ag7°cemc~at shall be construed or i~~terpreted to serve as a waiver of sovereign iininunity by any party such that Liability is extended beyond the limitatian.s established by law. Nothing herein shall be construed as consent by a state agency or political subcl.ivision of the State of 1~lorida to be sued by third parties in any matter arising out of this A~-eerncnt or any other contract. In the event that AGENCY contracts with a third. party to provide the services set forth herein, any contract with. such third party shall include the following provisions: (a) ~iGEI~C:Y's conts,actor shall at aI1 times during the te7~n of this Agreement keep 6 and maintain in full force and effect, at contractor's sole cost and expea~se, Comprehensive General Liability ~,vith minimum li~rnits of ~ 1,000,000.00 per occurrence combined single limit for Bodily Injuiy Liability anel Property Damage Liability and Worker's Compensation insurance with minimum limits of X500,000.00 .per Liability. Coverage must be afforded an a foln~ no more restrictive that the latest edition of• tlae Corrzprehensive General Liability and Worker's Co~npez~satzon palicy without restrictive endorsements, as filed by the Insurance Services Office and shall name I~L~ACt'~"1VIE1~I'I' as an additional insured. {b} The ~~EI~iC~''s contractor shall furnish the A~E~CY with Certificates of Insurance of Endarsemcnts evidencing the insurance coverage specified herein prior to the beginning performance of work under this Agreement. {c) Coverage is oat to cease and is to rcznai.n in full force and effect {subject to cazlcelation natzce) until all performance required of ~~ENC~"s contractor is completed. ltll policies must be endorsed to provide DE~A.R`I'l~El~~'T with at Icast thirty (30) days notice of cancellation and or/or restriction. If any of the insuz~ance coverages will expire prior to the completion. of work, copies of renewal palicies shall be furnished at least (30} days prior to the date of expiration. q. The A.GE~C~' znay construct additional improvements within the limits of the rights-of= ways idez~ztzfied as a result of this docurrzcnt, subject to the; following conditions: (a) Plans for any new ixl~provements shall be subject to approval by the ~EPA>~'~`hIIENT'~ District 1Vlainten.ance Engineer or his designee. The A~E~C~ shall not change or deviate from said plans without written approval by tl~e I)EI'A.T~ l'111~.E1~1'I'. (b) The A~EI~C"~' shall procure a permit froze the ~~EPr~Ia Ti'~EI~7`'. (c) All improvements shall be developed. and iznplcanented iii accordance with. appropriate state safety and design standards; (d) 'I he A~E~C~ agrees to comply with the requirements of this Agreement with regard to any additianal improvements installed at no cost to the DE~'~~t'~'IV~E~1T ; 10. This writing embodies the entire Agreement and understanding between. the parties hereto, and there are na other Agreements and widc~rstanding, oral or writtc~a, with reference to~the subject matter hereof that are not merged herein and superseded hereby. I l . The DEp~I~2T'i'' 1~1~'>C', during any fiscal year, shall not expend money; incur any liability, nor enter izzta any contract which, by its terms, involves tlye expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any 7 contract, verbal or written, made in violation of this subsectzon is null a~~d void, and no money nay be paid on such contract. The 1DE~'ART~IEI~T shall require a statezxzent from the Comptroller of the I3EPAR'T11!~i~I~l'T that funds are available prior to entering into any such contract or other binding cornz-nitment of funds. Nothing herein. contained shall prevent the making of contracts for periods exceeding one year, but any contract sa made shall be executory anly far the value of the sc;rvices to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim uz all contracts of the Departza~ent which are for an a1~~aunt in excess of TWENTY-FIVE TI-IOUSAND DOLLARS ($25,000.00} and which. have a term far a period of rrzare than one year, 12. The ~>~PAR'T'~ENT'S District Secretary shall decide all questions, difficulties, and disputes of any nature whatsoever that n3.ay arise tzz-zder or by reason of this A~rz-eement, the prasecutian or fulfillment of the service hereunder and the character, quality, amount and value thereof; anal his decision upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. 13. This Agreement nay not be assigned or transferred by the AGi<i.N~:~', in whole ar in part, without the consent of the D~PAR'~`N~El~'>c. 14. This Agreement shall be govcr~7ed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida haw, the laws of Florida shall prevail. 15 Any and all z-zatices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgcznent or sent by cc;rtified mail, return receipt requested. All notices shall be sent to the following addresses: If to the Department: State of Florida Department of Transportation 3400 West Comzn.ercial Blvd, Ft. Lauderdale, fL 33309-3421 Attention: District I~V Maintenaz-zce Engineer Or his designee If to the Agency: City of Delray Beach 100 NW 1s~ Avenue Delray Beach, florida 33444 Attention: Robert George, Title: Special Programs Director ExhibitA^ Project Location Exhibit B: Project Plans Exhibit C: maintenance Plan ..,,-.. , ,_. ~ ~..:€:: E::.. ~N WI'TNESS "VV-~~~tE~I, tl~e parties hereto have executed this Agreeme~~t effective the day and year first above written. CTTY OF DEFRAY ~FACH By:~ Attest: Mayor / Chairl~crson. Clerk Approval as to Fong STA~1'E OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Traa~sportation Developt~lent Director (SEAL} Attest: Executive Secretary Date Approval as to Form Date (SEAL) Bate a ~~., ~N; ~ ~-r r~,. i`;5~a~ "' !.. ! i~ ~ . , ~ - , - --. „ ,,~ ~ ~ _ r, ,_. ~ ----.r ~~~T~~~ how ~~iJ~"tea PtC~J~C P~~N 9320 207-L~49G~0012 P~~ ~~~h 9/I-9~ The D~p~rt~~t agrees t~ znstaii the ~rc~ject i~~ a~cc~rdee with the plans ar~d sp~~i~~ati€~r~s attaeed ~~e:ret~ and ir~e~rpe~rat~;d herein. 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Vi ~ K 8 ~~ ~`y~ g~ ~~ ~~ ~C q~ 5 8sb Y ~ $ a~ ~ !!!' i~ C~ ~i di 6~. ~ . ~ ~ ^ ~~ ~~ ~ ~' ~ ~ sS H~ ~ ao ~ ! $ ~a~SM ?~ ~ - ~ = e.e ~' ~ ~ z a w ~ 3 uP ~ ~~ 3~ ~ h~ ~- ~ ~ ° a X x ~s °y ~e a ID~ `° 0. o. © ~ [ .~ S V ~ ~b "k Q is ~ 3 ~F y kN~MEg . 6.y.z ~ ~~ g~H&~~ ;~~li~~ ~ ~ ~A3~~ e Rtklg' u v~ Y 3 Y$6 d ~' Y~ y~~,~yr~~ ~+ yy ~ .~.ap u~ 1 g C1. ~ ~ _ g$ ~_ ~~x ~ .J ~ • ~ City. of D~Ir'ay ~~~~i< umiai?~~l,i~f.~: _~}~,~f,~ar'rs:~.~~~ ~af-9~: ::(apl5bi:~~ I~I~I~h~.C?=:~''~,.E~~~ ~c;r i~ ji:..`.~%F,:f ii, ~~C3Eu~1i ~i>~r3(°,t1, r~~_ ~'a5t C)1 il"1'C~'r5tat'~-~. `~i:3 ;:ib' ~: e'lr.'i't'71f?'~si a f~'~ °~.~.ll~. ~n~i ~s,V~:er ciiijai:ui''C~ '~:~ ~c;?1 il'I'iFui"'=~'lce'~cr ~~ .`';i'34.Jt"t:~ ~~?c;rri~o- L'1~;~~!. ? 1c' ~f3f'~C~; i5 ~~;[? ,i~=f~,``; c~S a :aP~~~ ii-;~1~3i~9i;~rr1OC3t~ 2,~€"i' ~i(67Vf+;a{?'iy~ iE?"idr3$?+L5 t~J!i~'4 ~ P'€s'ati.Srcar {.~~~? °,~i.~C.~ ~~?-' .r:~ ~?~S'i?:l Y'~'~~:i;[~~i%ru1' .'`,Ci;i~~'<'f'sK~~$ey'~t=.37i~ a?;€~ ~~e~..',`~;=y &.- ~`-d~ezl~e s. ~f-2e ?~~~i'< <.:~ :?~1?~"~i'~='.~;EY'itaL~~l~' e,??~ ~l.x'f ~sCC;' I?~ `d::.a r.e:d ~f;35i~:at?~." '}.'~' .i~~t~'t=°?! ss (: 't r '~~';?~" .5.. - r_3 -~;, }S+r`€dC~ i"1~Cua`s'lC~~;("II":~ ~:~.PiCr~t"";~ i€S~<.0~ i~P'O~~d~,~1 c"~.,t1 c~E'~;3.3~~~i~r=~y ~i ~C.+~ iaVsffs %~i i~a I_~YF:~.~".e'a~39s'fE °si~i4;l>.df~111~'4~1~:'. 1:31~uw3€"tr~ S~3E?C9a?5: C? IrfV~ ~~i'E ~~'e i~ oya4 Palt~~ 1 i"~;v ;, ~:ark ~~, ~:3~;~11E"!'?~ ~.-if'a;i. ., ~~'~C~ ~"6.C B"s t°S~EIi"1~~ ~S iG:~3~d'~d"1~ €'9 ~; G; ~~.~ ~~c~,3;ab ~'i°f;~~.3~'eS ~:l ~' e~~'?~ i;w'~3 ~"~ ~ ~^s~k`i y°I'; ~~?~y x #~~s~i~~t:i~~r'~ syst€~~ to pa-avi~fio fill r~~s~~~r c~~~°zr~ra~~ Fc,~ ~af~c~~~~:a p~€r~~ ~~llrc'~~id~E'~i:~s'~~~~'F"'; i_andscapo f~laintenance far City ®~ Delray B~aeh Sunshif-1e ~ieighbarhood Park will be the resparsibility of the cantractar until Phe date ai Final Acceptance. After Final Arf~ep~ante, the resporFsil/ility for t~1e il"1~intenarlce will pass to tl'~e Ciiy of Delray Beach . ~~td~~~i<~?~~d?'~~~ sb~~ ~~~a~~~d~~ t~~>~ ~'~;~€Ir~v~°ir1~: ~?~~~ r~~~d ~lar~t b~E;i ?~;~~d ~~1d ir~~e.c~ e:~ntr>;~1. - ~{~~ir1t €t~~:;s.~ ~f ~las-~t;nz s~~?~:rs - d~~?_ `~$"~aa~19k'8"° 6:Q~ l`€'4"'>,-9C3~f~' :x (.k~;l~-~~a`"°'s ~'~~i~ a~3C:e E~~?'"§is s~G& zGteb~.~ - i 4"~~ ~~(F1% ~;ls~~,'s~::r3~Pi'~~ aE"i~ i"~(3c#{~' I f+"P= Si~~CF! E~ ~"c ~~c"zdi ~ i=~.r~'C'~i'+;,~ - ~i~~~~ii~~ -' ~C'a°@~"~40.°,~~af@ s~:~'~~~:'.~i3 h'Tdm_f~3~~:d"3a~es~~av3i?~~ ~~b,~;_ f_. ,*-- i79"~~:~~$?:~ °nyf5'r~~ SAi ?3"t;~.~":~i~31's1?3f~,CJ ;3?"!?'~ S~C~4i ilS~-"`~S''i`~~e~i i1a4'1i~ L°+'a~c~Ct~'i~? lr~i'~ ~-,a ;~a~?~:yR'l ~Y ti"~'i°a~,~["tS~.',i'1. z S y:s~h'ra'S !`i't~cii~kkiur 'fi€i C; C :' il'~<Cs'1~3,~G''~ f.~r~.:_t~;1€_ ° ~98.s~'1ifv"F~d~ ~"~a;~i~,'~E"iu''~4;~ z~.,$`Fa~ i"~`y~;.'~a~i" ~:a ~;~;a'.'~~~','`~'d - d~Bl ~SC~s i~' Y'E~~~~v"#~"~.x'~3Y`EC;. >d:~?r:'i,liJ~~: 1k-kfi~4h~°>~>^A: ~ car ! , to ~ ; ~ -- ' ; v-' h r'~ i I ;~, I,~ i ~ ~.~ ~ ~ ~.' i ~ z~ ~ I ~ ~ i ~ , ~ i s~ _ i ,~ ~ a ~ ri ~ ~ ~ ~ ~ ~ ~~ I I ~ ~ i I ~ I ~ .~ ~ ~ I _ w _ ~~ 11`_~ ~ ~ I I _ S~ j } ~~ J ~ l - ~ C~ i ~- I I - 1 _ ~v I CF' ~. V I L~- taj~-- ~ If,~ ~.~ I ~ i st. '. .. I - ~ ' Y }- E i i ~ ! .- t . ~ ~ i , 1I i~ f . i I k 6 I ~ ~ ~ n 1.6 * I 3L! I ~.. ~ .~~ ''~':': ~ ~ ! _ I 1 ~ - ~_,~ I ~,. ° ` ,1 ~ eA 4. ~ s d CI i J 6.t~1 ~ . G( `.' I- ~ ~ ' d ~ 3 I ] I~ ` ~ u~.t ~ src I~ j r... I I [ !_ ~ i _ Ij 7 ~ ~ , ~..., - ; v ~~ 3 ~ , .._. ~ ~ ^ ro II ~ t ; ~ ,~ -.~J f ~ ~ ~~ ~ _ ' ~ i ~ ~ ~ ~'S i..+` ~...: i ` r' i 1 ~ ~ aw ~ e t _>+t "`t`? 4 ~.. "~ ~a' _ ~~y~ y ~i I ~ 5. 2., i j t i ~ r ~1 Y~ i rc ~b ~^ L. ' - _ ~ 3 I li I _ . "`" ' l _ ,1 ~ i n. ~ ' ~5~ ~ ``I ~ Y i a' ~" S I S f9,q. i.S.} - . E S ~ 4 w, ~ . (.~ _ ~ ~ J 1. ~..-.... ,_..r ,..,,,_,.. ~..-.. 1..,,,_ ~ I _, ..._ L__. _.-, _ ~._...., .-, ..- --. _ .. _-.. -...__,. __. . _i , ,., I ~ I IrJ I 1H r4 ~, ~~W I r' ~ I E - -~._- ___ ~ ~ ~ I I I I 1 ~ P ~ ~ i M I ...~ E ~~ ~ I I r^t I 1 ti I ~ I ~ ~ I ~I ~ ~ ~~ ~I ; i ~ ~ I I i I ~ ..,, 1 ... ...... , 4 ....... ... . . „ _.... _ . .~~ __ ........ ........ 1, ,.,, [ ~ ~I € ~ I I S.. "d ~ I ~~ .~ j i ! I ..c~t ~ ~a ~ " ~_~~ ~ I I r I ~ ~9 ~ ~ I ~ , I ,r, ... x~ ~o 4 ~ ,.v C`~ i^~ ';°a~C ~ ! ~ I I ~ E ~ ~r~ti f^~3 ". " ..~. ~ ^~ I i U 7 ~ ~ v ; ~~ t~ _~- ~-- I a ~~ I ~~, ~, -~ ~~ i ~. I ~ , .~-- -~ ~, _ _I~ c~ r~, .~ -., - ~`~ `~ . ~ '~, ~. ~i ~ ,-"',: rF3 I e ~ ~ ('t7 ~ 7'~.i I e' ~ I^~l € ~', E .w.~ ("+! I E i ~ lfZ ErM 4J1 ~ ~, ~ I I ~~ I I c~ ~ :~ ~ ~ _ I 1 i I i },~ Eve': v~ ~'6: ~_--~~ i.~ ~ I ~ t a ~ ~ i i - ~ ~ ~ y C.'Xi ~ ~ ~ l ., e.~ I~ ~ I I ~ "~ ~ ~ I '~ ~'~ ~ ~"~ r: ~ . , Cc. z ~ ' ~ j ~ ~! ~ ~ I t ~ ~ I ~ i ~ G t ~s I l ~ ~ i I! G~ I I ~ 7. I ,~ ~' IW- '' - I II ''--~ I` r i ~ I•-pP- _ ~ I I ~ ~ ~~~ I ~ ~ ~ f I 14 ~ I ~"' LSI 1 I ~ f Lr.a .d i'j '7 Li. ~ i _ h- 41 ~ - 1 L ~ i i ~ 16 ~~ I ~~ Project State Road No(s): Project Limits: FM No(s): Maintaining AGENCY: Date: I'r~RT ID SR 9 (I-95) 9.70 Mile Post to 9.80 Mile Post FM 423847-1-58-01 City of Delray Beach January 29, 2008 C~etleral Departanei~t_IYl~tirrte~~ance k~equircznents„and, Rec:orn~nendatians: Tl~e purpose of a plan far t~t~aintet~at~.ce practices :for the project's landscape impF-oven~ents is: to allow the: plantings an your project to thrive in a safe and vigc~:rous zr~anner, to ensure s~~fe anal functiai~al systems attd hardscape, ~,vhzlc fuli~~lling their intended purpose and cc~t~serving our natural resources. The phrase L,rxnr~scape ~n~~~-ox.~enaents is defi~~ed. as: thc: plants, iri-igatian sys1enl anti hardscape desig~aed for il-tis project. The landscape in~provemenfs sh~~tll be ~naiz~.taita.ed tc~ a~!oid potential roadway hazards a~~d t~~ provide reyui~°ed clear visit~ility; acc.essihili.ty, clearance, and setbacks as set forth by Florida Department of '.I°ranspartation {h`~UT) ~;aveln.ing standards and spec~ific~~tia~zs: FZ3C}.T .I~~sigr7~ Stata~dar~ds for Dcs~i,~ta, Cat~stY~~~ction, ~!Iaint~cr~.ar~.ce crr~~d Utility Ohc~~cttions• ora the ~S1a~te HigEiu~r~y System, 1 ~(~I' Plans I'rel?a~~cttinn 1~Iartr~al an~i F`DOI' Stczrr~cZat~cl ~Sj~ecr~ficatinras fn~~ Ro~~~ a.nc~ Bride C'ons~tr-t~caian as amended ~by coi~~tract documents; and all ether ~~eci~~.tire37s.e~tts set fartl~ by the I~isf.°ict'Vlait~tez~a~~ce Engineer {D~p;) and. district La~-~dscape.Architect (DLA). Tl~e Vhii~«tet~ance 1?Ia~~ is daviE~,led into two parts. i'art l descsihes general L~E~;I'!~R"i`~IvIE~~C~ ~~~aiz~tLtaan.ce retlrtire~~~let~ts ~~nd recon~naet~dafzaz~s and I'al-t Il~ are the rec~~t~ z~~e:ndtttiot~s prepared by tl~c ~ egistered L.~ai~~dscape. Architect air ltce;ctrct (iZL.AC~R) specific t« the attached approved pla~~s. ~~'ate~-ing Rc:cit.i~~e.a~ci:~ts: Vi~aterirlg recJtitirc«7.e~~ts are; a critical cot7cen2 rcga.rding the zn.a.it~ter~a~.lce ~~{~ i~tealtl~_y, vigorously growing pla~zt material. ar~.cl tl.~e ~~bservr~tion water eo~ati~,tvatio~t p~°actiees. ,.f,l~e at~~o~tta a~t"watc;r to apply at a~~y orle. time ~~arics with. the weatl~e~r. clt~t.in~~ge conditi~:~ns a~~d ~dvater holding cap~:~city o~1= the sail «F yc~t~r site. f~tis~;ss tine soil t~~ois%ure co:;tent 1~el-ore al~i~lyi~~g sr~i~plen~e~ltt~l watea-. C'o~~l:act the; Cc~u~.~ty F~xtensiol~ r~~~ene;y Cau.~~ty i,l'IIFf~S f~xte~tsii>rt C}f~P~cc fc~r more i~~for~~~~:~ric~fa ota w<<teriit~ sclac~d~Fles ~c~r ~•c~~xr site. l'ar lil~~~tt n,~:fte ~ gals tl.ai: I~«ve l~ecrt e:st.abiisi~ed, it is in~perati~••c tl~.at at~y ra~and~:tted ivatcr restric.ti.ons 1~t: fully cvi~fart~ieE;. to can hDQ"h ro~td~v~~~~s, T'ac~,.° I of 7 1'a'o~pca- w~~tea-ing te;cl~.niques should provide evea~ and. tlaoz-{~a~~glz ~~,"at~~ dispersal to ~~ret tire, ea~~tir~e root zone, but aunt s~~turate the Sail, or ewer-spray o.~to tray-el I~~~~eS. ~~voicl 5~ippl.en~er~tal ir~t-i~~~ation during l~i~,}~ teaxaperatures r~ncl c~°iatd speeds due to high e~°rrp~aa-4~tioa~ rates associater~ r~~ith t}~ese e:~trerlres. OR}/Y ~OC:`AL ~'v'~~.[ r;IZ l:Zl/`~TIZICTIO'~~~ az~d nrak.e every drata cc~ua.~t. Iari~ation Syster~~: The /-1G~N~C~Y s1~a.li ensure there arty ~~t> rc~a~lw~ay overspr~ay of iz~-i~atioa~ activities ~lunr-a~ da~~l~in~e l~ortrs (r~7ost no#ably `:.t-~rsh hour" traffic pez~orls). It is ~inz~l3erative t't~e ira~g~atioa~ eontr<>iler is properly set so that the vaatering process will ~~ entirely coriapleted before high traffic periods as well as adhere to r~~and~ated w~~ter restrictiol~s. "I'o ea.~s2~rc water cc~r~ser'v~ation. the AG~~.~~!CY shall nzcn~itor the syste.z~~ foz` w=afer leaks, n-raintaiaa pEatealcv oar r~~icr~odz-ih systea~!s, ~3nd the. functionality of the raia.~ sensors to make sure .that the svsten~ will shut dowa~ when there is sufticiez~t rainfall. Tree AC~iCNCY shall ensure the water ccn~servation design ~[~atures of the irrigation system rcarrain ia~tact by pro~hibitir-ag ar~y retrofitting of separated zo~les or aa~y other features designed to eoirserve watea-. Da-air~a~: '~hhe AG~ItCY shall eazsure adequate da-~aialage to the site by routinely examining the soil depth for undtae conlhaetioa~ in areas vvhez-e, sluggish drainage may hecoa~ae evident (tea rule caut such corlditiorzs as a hardpan. effect, etc.) ar~d applyinb corrective measures. The AGENCY shall avoid undue soil compactioa~ (espe~;~ially witl~irl trc;e protection zcaa~es~) by avoiding enterh~g the landscape site with heavy ~ equipment.Maintain pa.tency of i~~C)T drainage structures by ensuria~g an adequate of~~f°sct of rrrulch to structures (see M]~P website). Ixategrate:d Plant ~lanaTeanerat: An asscssrraerlt cat' each phantir~g area soil is recomrnea~ded to periodically de;tern~ia.~e the nutrient levels needed to sustain healthy, vigorous plaa~t gz'o~vth. l'alr2ls, sl~-ubs, trees Ind ta.arf are~~s should be fea-tilized h~ s~acl~ a rl~arzt~cr a~~d frequency to eals~zre that tllc plant ra~ater-ial ret~.~aiaas healthy anal vigorously growing- Establishrner~t of ara ia~tegt°ated pla3at a77E1a1i1~C'121i',Ilt }~a°ogi'iiali i:> c77C(:711.7'~t,4?ei~ i0 ~:II~u.I-e li;tlltiiV l~lal~is L~%i'€iCI1 are it"'t:; Ci~~{.15C;u.5t; ~i~7C~ pe;sCs (see Lvchsite for fiarther infc~ra~~atior~}. Mulcl7~~: Mulch planting b~;cls ia~ such a anaa~a~cr as ica: prevent weed growth. retaia~a n~oistua-e io tl~e plaaats; prcatc~ct clgair~5t sail c;r~siar-r aaul xa.ratz~eaat~ bass; a~~aint~a:in a a7~r~re, uaa.ifcaa-az~ s[>iI tempcr~a~ure; anal iz~~aprave the aphearaaZCC. of the plaa~tir~g 1~eds. ~~voicl n~uIc11 r~~oundcd up cn~a tl~e trunks o#~ trees, pa.l ~~s, ar~~d t~~e base c>f shrubs to ca~ccatarage air al~ovr~7a~ea~xt ia1 these rreas wl~iela aids ire It?weri~~tcs dis~:asc stasceptibility. C'vlaress ra~rulch is prolaibiteci cra1 state right of~ wav atad a-ec~-clod a~aulcI~ iti eracoaara.ged. Prt~lli~):~;> f'~ll paLat~irag, ~aaaci t:he ~.rssoci~.teci 5rf~~t~~ ~,itca~i~a, shall he pea~foa-~~~ed aces>rclia~g tea ,~~r~aeric~ua N~rtional ~laaldaa~~c1 Institute, ~N~l i~3Of7 standards al~d shall he sup~rvased by an lratca-raai.ion~~1. ~~o~~,ictvcaf ~~.rboz-iculture (I~S~'.) C'eat.iticd ~~~~=bori.st. Pa'uraia~g shall be car-a7ed o~~at v~lith t1~e 1lealtla _r~d a~atural ga-cawth of plaalt n-rate~-ials ia.~ a~ain.d, aazd to specific prunia~g heights a~aintaia._ii~g clean- I'~~e 2 cif 7 visi.biiity for motorists t~r~cl vertical clea~~ar~ce for pedest~-ia~n, bicyclist, aX~<i truck tra~ff,zc w1~et°e ~phiica~l.e. Vis~i~ility windctl~-~s must he r~t~intaincd ~fi-ee. oi= view ohstr-trctiot~s ar~d all 1~rE:,~e_s ~iz~ti h~tr~~ls, ~~~ith ~rticuiar r~tt~t~entioit tc3 fi~o~~ds t~_nd _fi-l.~it, are to b~ t~~~;i~taiiied to pre~~ent potential roadway ar~cl ~~ede5trian ha2ard5. All C:'ocas riz~cifera (GocE~z~tlt Pal~~~j shall 1~e kei~t fruit-ft-ee ye~ir ~-crti~l:d to i~re~~e~~t potc«tiaa safety hazards. s~yll P~vcLrosht~r~n<a elegr_~ns (Solitaire 1't~It1~j, a .~'loridtt Erotic I'cst Plant C'o~~€r~cil, Catogory l1 l~lai~tt, r~r~E.st tie ra~azrttairtcd [~~tit-~ll-ee- year rout~cl [~ prevent it's potential it~vasi~re i;f~taractcristics. ~~~l~e; sl~ecifi.c prtu~it7g 11ci~hts are dctenxtincd ~~y ~undcrstanding tl~e designer's intent when sc.lectit~Ig and placing the plants (see f?~trt II. Specific IZ.eyuirert.~ents and Reco~rntnendations per A.phrtt~,red Latldscape c~, l~nigatior~ L~esigx~}. The ir.~t~.r~ded ~nat~tt~e rrcrint~crirzcd hei ~~~ht ar~d s~~read ~t ~lai~ts sl2ould be t-~c~te~~l ot~ tl.~~ 7~lat~ti~b ~l~u~s. ~"1~ie ur~del-story plant niateriais selected for ~.~se ~,vitl~zn the restricted t~Ianting areas (Limits of Cleat: Sight) of t ae tYtedians are to ire t~iair~tair.~ed of a height in co~z~l~liatlce with FDOT Dcsi~r~. St~czn.~~a~-cls~ .Index .54~, Page F of f, I~indcttiti- De~t~ail. Vertical tree heights n~.ust meet ~~DOT l~lainterzcznre I~atin~,r I'rc3grca~n (~l.Rf} standards (see wel}sitc). ~tak1ll~? and Cu, ir~~:. All. stalcittg ~n.aterials, except for replacen~cnts; are ren~ovcd ~y tl~~ completion of Fr~Uh wan-anty period or at one yeaa- (wl~ichevcr comes ~trst). Any suhseduent staking and guying; activities by the 14CrENCY must adhere to FDOT D~sigr~ ~'tar~tdcrr°ds gltidelines (See Index 544). `i~lae AGE~NC.Y shall closely monitor staking and guying attaehn-~ent rnate~als set that they tare securrely l~astenecl to avoid potential roadway hazards. T~tt-I~IO!lowit>g: Ali grassed areas ttr-e~ to he snowed and tritnn~ed with sufFiciet-tt frequency to rxzait~tait~ a dcup, hc~tlthy root syst€;n~ while larovidir~g a neat and clean appearance tt3 tl~e urban lar~t~scape. All furl' efforts: mowing, curhlsi.de;wallc ~;dgir~.g, at~d tu~'t~ condition. rnu-st t~~cet FDl)I'i1%fc~i~~tt:n.ancc~ ~Zatrr~, Pt~•ogrcalaa (ARP) standards (see wel7sile). Litter ~'-ontrol: '1'Ire i~roje.ct site shall re~i~na~itl as litter fi~ec as practicable. It is recctn~n~ended tc~ re~:ycIe; tl~i.s sitter- to a~~~<tici ur1t`~eces~sary waste ley its reuse. C.ittcr rcn~oval ef~f-t~trts must zt~cet >~,I~C~T' ~~--1crr~r~tcnc~nec' Rating ~'~~ogrrrm (Iv1l~.I'j standards (see website). '~'~ecd.irr ~lk[er~~i cid.e: AlI ~tlartti«g arc,~:ts sl«.tll be tl~aintt}inecl as ~~~ecd fz~ec tts i~ractic~:tl7lc e~~Iisti~ig Iz~tegrttted Pest Mai~a~!et~7ent ltt-act.ices (sco websitt) in areas sl~eciiied opt fl7e t~Ians ~ta~d b_v t~~aintaii~irtg proper t~iulelt 4evc~ls. l~.~tre~r,e car°~~ is recor~~t~:enci~?d if` itsir~g a c(~t;r~~tic~~l h~rhicicle to avc>itl over~spray otZt€ p1~nt n-ratex-ia.ls. ~1nv da.t~~ag~ z-esnlti~~g ~ftot~a over'shray is tl7e applicator's res~~o~~5ihility tc~ re~,t~c~re tl~e dat~~~tged l l~~nti~.t~;; tfi th.c aphro~~ecl plan>. I'lar~t IZe~~lttcetxt~ztt: F'1t~rtt r-e}~lacert~ct-~t slr~a~l btu the; saute spccrca ar,~(:l ~,he;cifict~(~io~ ~s the, appro~-E~d l71<:u2. ~n1y plants ~rt_t~idf~;_i Fl~tr~da ~~1~ ttz- bL.tt~z- hUr 1a .e h~lo~°irla Dcl~crr~trtlE-rat of Ag~-ic~dtac~~e r.~~~a' ir.~~3Y7S2-r~rrzc~r•s .Srr••aic c:~s: l'a~~c > of ? _. Grades cr~2d ~S'tC~nc7a~ch~ ,for ~~;'z~r-se1_v Plants° is laernaitted ~~~ ~~~T zoadways. 5h~iuld i.t becol~ae Accessary to c}aange the species, a general use permit is r~cl~~Iil-ed frol~ F'~O'~i C~i~eratiolas for ~iph~wval by the f~~1~C)T L)istrict ~aaa~iscape ~~~rchitect. L~ia.rcisca c~(S ~cci~it~-~ ~;urt~~cil~<,F All specialty pavers ~~rld/or trey; ~~r~~tes shall be Ia~aintail~7c;d ila such x l~~~rlaz~er as t~ prevci2i alay potelltiai tr~ippi~~g laa~artis ar~.~i prcatect damage to the pavel-s aladior tree grates. Ei.nal surface tolerance frond '~n-acle elevai,olas shall, at a Ininilaau.m, meet the most CF1l~~~17t .Ijzterlc.clCij~ig Co~acrete I'ati~e~~z~~nt I~rstr~t~rrtr~ (ICPI~, Section 23 1~ 13 Irzter~-loc~rirag Concrete F'ca~~ers, Part 3.0 ~. if tl~l~; pavers andlor tree gl-ates ~econzu daln~iged they shall be replac~.rl with the salaae type end specificatiol~ as t.la.e approved play. I-~ardscape ~c)n- ;tandarc~ ~'rarrelw~~y Sul-facin ): ~tt shall be the respc~lasitazlit.y of the AGp:NCY to restore ~~za u~aaccptable ride eolldition of thr; roadway, including asphalt pavclraelat, caused ol- contributez~~by tlac ilastallatiorl or failure o_f nola- st~uadard surfacing, aladlor the he~ldc;r cwb, ola the Delaartrrlcnt of Tral~sportatiol7 right-cif-way witlalla the limits of this 1~~;rcemellt. 1'avetaaelat restoration argils ar "patches" wi11 have a 1-~Zinimulaa length of 1 ~-ft. na~:asured from the edge of the header curb, alad a width. to cover full lal-~es for each lar~.c affectec-113v the restoratiol~. Pave~a~~z~t z-estoratzo~~ will be performed in zaccoraance with tlae .most Current editiola of t11e FDOT Stat~.dcard Spec~ificatior~s for road artd 13rr.'elge Const~~ar.ction, acrd tla.~ FD~T Dr~sign Stcrndarcls.for Design, Corzstr~~~c;tiort, 1t-~cii~2tenrrn.ce cand UtiCity ~peYatrons ~on the Stale Hi~Iztitc~y S}~stcr~~. It shall be the respol7sil~il#ty of tl~Le ~GFNCY to naaint~lin all signs Located. ~,vithin a zaol~-st~uldaz°d surfacil~g area. Such naaintenalace to he pro~~idcd dy tlae AGENCY shall zncl.ude repair and replace of the, s~igla parcel, post clad 1~asc. Harclscape (Laladscape EO.cc,el~t Liiia~ . l~anci~C~ipc: ~lCCCIat ll~;l7tli~~ shah ~~~- 11i.~11r1tarli~(_i 111 SuCli ~? iT]~tiliit;r a~ to prLiiCiri< filE: i11L ~i~ tllr lightilag ~flxture and present potetati~~~I safety la<~aa~°ds. If tlae ~Iigl?tila~ ~i~tur~s ar~cl their syste~al becola-~e daia.a~;ed, they shall lae rc~~laced with the. srr.na~e type clad spe~cificati{era ~~s the apps:ovcd 1~lala. ~~l:air~t.era.ance Tr~I~f~ic Co:~.atrol __... _~ Ref'cr~race; ilae: 1~DOT wel~site regai-di~ag tl~c selecti.c~rr of the proper tl~iffic control recl~rirenaei~ts to be ~~arovided during ror~tine naailatcrli~ncC and i or I~cw installations ofthis i~(~~~I' ro~d~vay. 4Uel~site.: Series C~()() Trai~iic Ccii~ti-c~l through Vv'orlc Tones l~ttla ~'!www.dot s ~~tc._ft. ii~~rddc,li~rvlles~ir I~St~Iiad~rlelslSt~:;i~elt~i-l~~~.l~trr~ 1'a~se ~ of'r ~'~It~~' ICo ~~;cif c l~rc~iect Sits '~'l~tit~tet~~tnct; Rec7t.ri.~'e~l~e~1t~ and Rec:c~i~~i~=~t~c~u~tio~1>: ~~~s~~~ r~~e~~ff: ~l:h~. Desz~n lt~te~t is to hrovidc beauty (he4tlthy ~tt~d vi~brous p~ro~k'tl~), shade at~d to break up the mass of the adjacent co~lcrete ~~a1.1.5. To sofie~~ tl~c ~,valis a11ow a l~attlral dull spreadii~g~ groi~,~tlz of sl~-ubs and t7-ces. T'he aclditionttl m~tlz~t~;t~at~ce insttltctions listed lse]ow are n~ino~'. l . Re~~~ovc plant fx-c>x~ds wlZei~ car~~plet~ly brown, tnc~z~itozitZg closely during; hut-t-ica.r~e S~~t50I1. 2. Allo~~ low branches spread.inp bratwhitzg on trees and shrubs to Gt~t;ourt~~;e a t~aut~~al appearance. ~. Provide adeyu<ttc fert:ili~atio~t~ to accelerate the gt~ctwth oftl~e trees and shrubs to provide shade and. to soften the co~lcrcte wall.. American 1`lational Standard InstiCute, ANSI ~13~J0, (Part IJ for Free Cafe Operations -Trees, Shr~i.rh, anal Other Wood~~ Pla~at Nlctr;nterra~~f~e - Sturrdar~a Prrxc~ticE~s° (Prul~~r'n~), ati°azlable for l~urch.ase l~tt~~:/i~ucbstore.~it~si.or;~ ansidc~~;stoi~eif-Fi~c{.<~s~~? ~~lnited State ~C~n~iron~7~et~tal P~-otcctiot~ A~ertcy, Ir~.te~rrrted Pest s~~crrraaeryac~r~rt (IP~~ I'rrrrcr.'ple.5• ]~~~:r;~~x-~~ ~x~.c~a.~ov/t7esttc~td~ ~'~actsh~,t,ts!tpta~.l~t.r~~ ~'lc~t'ida.1.7epartt~ enE of ~~riculture: a~ld C~pnstit7~~Aer St;t-w~tces. Division of Plant It~du~;tr4r, r~~larida~ grades cznd ~S'tandcrrds fc~r° ,~~i.rrs~~r~~ Stoc1,° 1~t~1~ G4~w~~~~.dc~~tc.5 5tatc~.l,.t~srl~t ~~ltt,tttttt~~~tt7li~:~ttiat~s.lt'2~~i Flot-i~.la D~;patttncrtt of `~l"i°a~~s~pc~r€atio~~, F~'I~10:h I)~ si,~rrz .S`tr~~rzdar°cls fc~r I)est,~r~r, C.."~3r~~-s~rrrct~:arr, i~rxrrrtcrrrrrrec crud t-tilit~ OT~~>r~rtiorr.s ore tlzc State Hi~IrYtiLn- .S`t-,stcrr~, IrTdc~~ ~4~.I~r~tlr~.sCa17C Irrslallcx~tit33~~ l~ih w•_~, ~ 'i~'~- -~ ~.~1~ Lt_;'rdtiuai~n;~tl~'R."1'1>~,O(~i`~~~clf _. . Flo~-ic~aDepartr~:ez~t of~Tr'ar~spc~i-t~t~c~n, Ia~IUC>rL)csi~t~z ~`~cl~z~lcir~ds fot-Design, C'oy2s'ty-~zrc~iicrz, ~~Ic~ir~tE°~1ci~2re af~.d ~rtility C)~7ercrt~ic~~is o~~a !]ae State Hio{~~~~rr~% Stste~~~~, Irrdc ~- S~d6 .Sight Distcrncc ar Ir~le~'sc~ctio~7~s' l~tt)7 '«-~r-w.~iot s[atc.t] r,s'i~clcl~~i~.~rl,rc~`RTI~~;{)6i~?~F~~~~cl~ I=1o~F~ida Del~ar~r~tler~t cif Ti~a.r-~s~~oz-tatior~.1~~170T Desig~~ Standards for Design, L.'orzstr-uc~tic~n, rllaintctta~~.ce arul Utility Oper-c~~tions a~~ tlzc~ S"tc~tr~ }1i~1~~~ti~~y Svst~eYn, I~zd~~~~- 7(~(~ fZoudsr~le O_f~s~ets IattpJi~~~~,~=u-.dat5t~te.t~l Lts;'rddcsi~r~;'r-di'~"x D~10~>'700~3df I"]or-ida Department of Tr~~.r~s}~or-tation, FI~C)1" ~'larzs 1'rePar•atiora ,~~an.c~a~l (PP11~~j f/ol. I C:'7~.ahte~-s ?,11. ?, I~{ori~orztul Clear°ar~tcc to a'r~~eG:~'s,~ Ta~~le ?.11.9 ~Ioriwnrttal Clearance tr~~d Clear Zoyae; Figii3~~e 4.1. ? Cleca- ZorrE~; and I`ahle ?5.4.1.1..1 C.lea.r- Znne GI%idtlz (f~~etJ ar~cl TtrUlc '~. ~.1 ~.6 (Joj° E':klSting~ tries l~tt~ai~~~~rur.clot.stag;.~1.~Slyddesi<~rail'I'~!t~tar~.~ral!2007%Volr~r~~el i2f)C)7~c~1 i..~I7tr7~ F]oY-ida D~~~artrne~lt of Tra~~sportatioi~, FD07~'Standa~°d Specif cations for kvad arzd~~ri~lgG C~t~st~~rsr~tioi~, Sectir~r2 ~8~1.1.crncls~ape I~zstallutio~2 http:~`/~,~~~~~~,~v.clc~t.state.I:i.~~:~lss~c~i~ic~~tic~r~sc~f~fic,~'2E)() /BI~r'`~8())~cj(` ~~oricla Depai~mer~t o#~'~I~rarzsportation, l~ulair2tencrnce Rating Pr~ogr-am .I~andb~ol~ I~tt :l~~o~~et.dot.scat-e.~Fl,~slstater~lainter-~ar~c~<'~t'(ice,'MRPHan.dbo~k.20(? IFditi«~~cl{~ 1~'lorida Deparnnenf of Trai~sportat~o~1, Landscape Architecture We~site ~ittn : /i ww-w. ~.c~t.state. fl. us,'cn~o;'n ca.~tvi ~~ Lrl.l~tr~~ [r7terlockir~g Coi~cre~te F'aver31er1t Ir~stirute {[CP~I~) I~til~Wllw~~~i-v.i~~?.0~,~,! lxttl~:/Iwww_~~isstat~.oz-~ Iratez~aati.onal. Socicty~ o:~.~r~~oric~ult~ure (IS~1.} ~titw~ar~.isa-E~r=b~c~~~.<: ~r~~ 1vI.a~~1u~d ors [;r~ifo~rr~~ ~~`ra1~I:~c ~c~~.~fr~71 ~3evic~~s l~t~,i~~~~~r~v.~~~~~tcd_f~:~r~~~f,c]~~t.~~~ti_ Flor:ida I~x~g~~tior~~ Society _.__..t_......~.~~.__.______.~ ~~., F"lor:idr~ Depar~t~nerrt «t~ C~or~~rnuz~it~- i~,:~~~~rir5 (~C:~), T'lo~~-ida Soa~rd of 13z.u1clirlg C:odc: s c ~S'tcr.tu.lar-cr's~, f,lc~r°ida ~~Iccess~ibilrt~ Coda fo~° Br.ulc~(i~~r; Corzst~°z.rcti«t~ Itt~~ '~~~w~~_clca.~t~~t~, fl u5 f~7~ 13'.€hl_i. ~rtiz~ns`I~~;~~hlicat~~r~s.htra-r (rz.rrclc? to l:r~carl.~ide ?'~~atiti irztir c~r~cl C7zridr.~ to I i.r~°f 11c:~nagernc~r~.t, ~~~-<ri.l~j~le for pr!rcf.aa5~; l~ttn ~i`ir~tor~et.dot st.«te,t~ us~'Su~7t~c~r~t~~.r1 ictsOt't:tc ~ %'~~list.l~ta~r L'~r.it~c~ State Er~.~~i.r-c~n~l~er~tal. Prot~ctiorl A~;e~rar~'., .I~~tegt°at~r Pest I~~cxru g~rl~cnl ("IP.Mt PrlPtcijata I'a~_*c; (cif'' ~,: l~tt~_~'/~~'~C`ti~~.~~?~.,~o~ ip;stci c? eslf'actsllec;ts/~~~~~i. ~~tii~ t~~r~i~%ersity of ~lo~~c~a, ~~i~stitute af~T'ood 1nc1 r~~rricultt~r~~t Services (~.F..~'~.5.} F'~~<~e " of 4 ,~ ~~ i a 6 n ~ I ~ V h O ~ L~~~ ~ i A T L A N T I C A V E N U E o Inc I ' ~ a I I I I I a L S. W. a - o W Q U Y Q 1 ~ S Y 2] S y (~ Z ~J Z_ S Z I _. V U N O 1 2ND S T. i i i ~ `°b CITY Of DELRAY BEACH SUNSHINE NEIGHBORHOOD PARK onrE:o7/o3/2007 d ENVIRONMENTAL SERVICES DEPARTMENT ~ LOCATION MAP SNNSHINENEICHBORHOODPPRK •b O©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2007-040 1 OF1 ii MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David T. Harden, City Manager DATE: March 12, 2008 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 RESCIND BID AWARD/STUART AND SHELBY DEVELOPMENT/135 N.W. 5TH AVENUE REHABILITATION PROJECT ITEM BEFORE COMMISSION Approval is requested to rescind the bid previously awarded to Stuart and Shelby Development for renovations to 135 NW 5~' Avenue and authorize staff to re-bid the project. BACKGROUND At the August 7, 2007 meeting, Commission approved an Interlocal Agreement between the City and the CRA for oversight of renovations to 135 NW Str' Avenue, a CRA owned mixed-use building. Under the agreement, the CRA agreed to provide all funding necessary to complete the renovations, while the City agreed to oversee construction of the project including the work write-up, bid process, inspections, payments to contractor etc. The bid opening date for this project was October 9, 2007, in which Stuart and Shelby Development was the lowest responsive bidder. Commission awarded the bid at the November 20, 2007 meeting; however, it was later determined that because the project's cost exceeds $200,000 a payment and performance bond is required per F.S. 255.05. Neighborhood Services did not include the payment and performance bond requirement in the bid language in error and subsequently, Stuart and Shelby was unable to meet this condition. Approval is requested to rescind the bid previously awarded to Stuart and Shelby Development and authorize staff to re-bid the project. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval to rescind the bid previously awarded to Stuart and Shelby Development for renovations to 135 NW 5~' Avenue and authorize staff to re-bid the project. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David T. Harden, City Manager DATE: March 12, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 REQUEST FOR SUBORDINATION/ELAINE COLEMAN ITEM BEFORE COMMISSION City Commission authorization and approval to transfer its mortgage position from second to first and grant a waiver of the current subordination policy to allow Elaine Coleman to refinance her mortgage for a more beneficial loan. BACKGROUND Elaine Coleman, 611 Angler Drive, participated in the City's rehabilitation program funded by the SHIP Program in 2002. Repairs to her home under the program totaled $18,585 and are presently secured in the form of a Forgivable Loan by at Promissory Note and Second Mortgage. All Forgivable Loans are approved by the City Commission and require the applicant to maintain ownership/residence for a specified period according to the project cost. Loan amounts less than $15,000 per unit have a recorded lien for a period of five (5) years and loan amounts equal to or greater than $15,000 but less than $25,000 per unit have a recorded lien for a period of ten (10) years. If the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, the homeowner is required to immediately repay to the City the unamortized amount of the Forgivable Loan. Ms. Coleman currently holds two loans with Wells Fargo Bank (Equity Line and Auto Loan) and one loan with Countrywide (First Mortgage). Her consolidated loan interest rate will decrease to 7.15% and her monthly payment will remain exactly the same. Refinancing her current loans into one will reduce the total interest payments by $113,959.93 and shorten her loan term from thirty (30) to fifteen (15) years. In order for a homeowner assisted by SHIP funds to refinance his or her first mortgage or obtain a second mortgage, the City of Delray Beach must agree to subordinate its second mortgage. When the City agrees to subordinate its second mortgage, the homeowner is able to borrow against the equity in their home. The City's decision whether or not to subordinate is rendered on a case-by-case basis with the primary objective being "increasing the affordability of housing". This request is to transfer the City's mortgage position from second to first and grant a waiver of the current subordination policy to allow Elaine Coleman to refinance her mortgage. A waiver is necessary because the policy does not normally allow for debt consolidation, but in this case the monthly payment remains the same, the overall interest rate is lowered and the homeowner will reduce the total interest payments by $113,959.93. The subordination doesn't meet all the requirements of the City's Subordination Policy; however, staff recommends a waiver because the new consolidated loan increases affordability for the homeowner. RECOMMENDATION Staff is recommending City Commission approval of Ms. Coleman's request to transfer its mortgage position from second to first and grant a waiver of the current subordination policy to allow Elaine Coleman to refinance her mortgage. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION SHIP and CDBG Subordination Policy A homeowner assisted by the SHIP or CDBG program may not refinance his or her first mortgage or take out a second mortgage unless the city agrees to subordinate its second mortgage. The policy used by the City of Deiray Beach regarding a subordination request is as follows: ^ If the owner wants to refinance the first mortgage at a lower rate andlor far a shorter loan term, the City wilt subordinate if: ^ additional money isn't being borrowed (unless its for home repair or reasonable improvements} ^ the resulting housing cost 4PITI}does not exceed the housing cost (PITT} calculation of the original loan ^ the new loan is for a fixed interest rate ^ If the owner is taking out a second mortgage for necessary home repairs or reasonable improvements, the City will subordinate if: ^ the combined payments of the first and second mortgages do not exceed 35°/0 of grass income ^ the loan is for a fixed interest rate © The City will not subordinate iks mortgage for owners attempting to obtain a line of credit or cansa[idate debt because this would enable them to increase their debt for purposes other than. home improvement. The City maintains that: ^ Second mortgages are provided under the SHIP program to assist with homeownership ^ Grants are provided under the CDBG or SHIP programs far the exclusive purpose of rehabilitating, enhancing andlor preserving real estate ^ The City does not support the owner using equity for any items other than the house itself. If the purpose of the new loan is for home repair or reasonable improvements, the need must be substantiaked by an inspection of the property by a Gity of Delray Beach housing rehabilitation inspector andlor estimates for the proposed repairs furnished by the homeowner. MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: March 11, 2008 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 INVESTMENT POLICY FOR THE GENERAL EMPLOYEES PENSION BOARD ITEM BEFORE COMMISSION The item before the City Commission is the approval of the Investment Policy for the General Employees Pension Board. BACKGROUND The General Employees Pension Board met on March 10, 2008. At that meeting, among other items, the Board voted to amend its policy to allow up to 25% in foreign investments and to allow maturities in excess of 30 years for issues that are part of an index fund. The State Statute which sets limits on certain investments is incorporated in the City's ordinances and already allows up to 25% to be invested in foreign investments, but the policy does not. This policy change will allow such investments, as are allowed already by State Statute and City ordinance. The other change in the policy is to allow longer issues because the fixed index investment vehicle currently used by the Board already contains longer maturities, and the Board wanted to make sure the policy was in compliance with the fixed index investment. RECOMMENDATION The City Attorney recommends approval of the revision to the City of Delray Beach General Employees Retirement Plan Pension Fund Investment Policy. ^ .. ^ ~3~`'~ ~ ~'~ 4 aY~~re.~rll~~ia~ ~~~ • v~::~ ~ f~ , 1~ i ~ R?15 v~ fF I1 1 - I M '' _ . ~~ - G }~ Page 1 of 7 Schell, Karen From: Ruby, Susan Sent: Friday, May 25, 200710:11 AM To; Safford., Joseph; Vllafinski, Milena; 'ri.ynch~plastridge_com'; 'swank~belisouth.net' Ce: Ruby, Susan;. Schell, Karen; 'John McCann' Sub#ect: Investments allowed under the General employees pension plan Attachments: tnvestme.pdf I wanted to provide you with the investment parameters of the general employees pension plan, as contained in our ordinance and in the State Statute as well as our current investment policy. The attachment set forth above is the current investment policy of the General Employees Pension Board, Below you will find the City's ordinance that adopts the state investment parameters set forth in F.S. Section 2I 5.47, which is also attached. below... See the highlighted sections . While we cannot discuss the parameters among board members excep# at a meeting. under the sunshine law, l did want you to have the information in advance of our next meeting. I hope this helps. Susan Ruby CITY CODE OF ORDINANCES Sec. 35.145. ADMINISTRATION BY RETIREMENT COMMITTEE. (A} Retirement Committee Established.] { 1) The plan will be administered by the Retirement Committee (herein referred to as the Committee) appointed by the City Commission, consisting of a. Chairperson and four (4) additional members. One member shall be the Finance Director of the City. Each member may, but need not, be an official or employee of the City, and each member shall be appointed by the City Commission to serve until a successor is appointed in like manner. (2) An individual member of the Committee may resign by delivering his written resignation to the City Commission and to the other members of the Committee. The City Commission may remove an individual member of the Committee by so notifying the member and other Committee members, if any, in writing. Vacancies on the Committee shall be flZed by City Commission appointment. (B) Secretary.] The Committee may appoint a secretary who may, but need oat, be a member of the Committee. The City shall employ ar re#ain any agents, clerical and other services, legal counsel, accountants, investment counselors, and actuaries, as may be required to administer the plan. (C) Action by Committee. (1} A majority of the members of the Committee shall constitute a quorum far the transacrion of business and shall have full power to net hereunder. (2) Committee meetings shall be noticed and open to the public. Meetings shall be conducted in accordance with Hiles adopted by the Committee, ar by Robert's Rules of Order if the Committee lias not adopted rules. Minutes of all meetings of the Committee and a retard of any action taken by the Committee shall be kept in written form and such record shall be kept by the secretary appointed by the Committee. Off cial Committee action shall be by majority vote of a quorum of the Committee. (3} The Committee may invest and reinvest the assets of the Retirerent Trust Fund in any investment in which assets of the Florida Retirement System may be invested pursuant to F.S. Section 215.47, as that statute may be amended from time to time, or in accordance with written investment policies adopted by the Committee and approved by the Gity Commission. The Committee may retain such 12/14f20U7 Page 2 of 7 professional consultants, advisors and investment managers as it deems advisable to carry out its responsibilities under this Section. (4} A member of the Committee array not vote or decide upon any matter relating solely to that member, or vote in any case in which the members individual right or claim to any benefit under the plan is involved. if a Committee member is required to abstain and the remaining members of the Committee are unable to decide the matter, the City Commission may appoint a temporary substitute member to the. Committee. (D) (Authority.] 'T'he Committee shall have the authority to make those rules and regulations and to take any action as may be necessary to carry out the provisions of the plan and will,. subject to the provisions of the plan, decide any ques#ioals arising in the administration, interpretation, and application of the plan, which decisions shall be conclusive and binding on all porkies. The Committee may delegate administrative, clerical, professional and other plan-related functions as it deems necessary and prudent. (E} fAdc7itional Powers.] In order to effectuate the purposes of the plan, the Committee shall have the power to construe the plan, to supply any omsssions therein, to reconcile and correct any errors or inconsistencies, and to make equitable adjustments for any mistakes or errors made in the administration of the plan. (F) (Liability.] Na member of the Committee shall be liable for any loss unless resulting from that member's fraud or willful misconduct, and no member shall be personally liable upon,. or with respect to, any agreement, act, ttansaction, or omission made in good faith as a member of the Committee. No member of the Committee shall be liable for the actions of other members, or the actions of .any agent., representative,. or employee of the Committee. The Committee and any individual member of the Camnutfee and any agent thereof shall be entitled to rely on the advice of professional consultants and advisors employed ar retained by the City, including but not limited to Attorneys, accountants, investment advisors and actuaries. (G) ~ActcEary's Responsibilities.] (1) T'he actuary will do any technical and advisory work as the City may request, including analysis of the experience of the plan from time to time, the preparation of actuarial tables for the making of computations thereunder, and the submission of an actuarial report as of the anniversary date of the plan each year to the City and the Committee, which report shall contain an actuarial valuation showing the financial condition of the plan, a statement of the contributions to be made by the City far the eaasuingyear, and any other information as may be required by the Committee. (2} The actuary shall be appointed by the City to serve as long as it is agreeable to the City and the. actuary. l'n computing benefits to which a participant may be entitled upon early retirement, upon the exercise of optional forms of retirement. income, or upon termination of the plan, and in all other instances in which actuarial computations are required, the actuary shall use those assumptions of mortality and interest rates as were employed in the most recent actuarial valuation of the plan, or, at the oprion of the Committee, those assumptions as are decided upon jointly by the actuary and the Committee as being reasonable at the time the calculations are made. The actuarial assumptions and the computations made therefrom adopted by the Committee shall be conclusive and binding on all persons. The Committee, City and trustee shall not be liable for any mistakes or errors in any computations made in good faith. (H} State Law.] The plan will be construed, enforced and administered according to the laws of the State of Florida. (Cade 1980, §§ 18-148--18-155; Am. Ord. No. 78-93, passed 121'7193; Am. Ord. No. 41-95, passed 818.195; Ord. No. 28-04, § 1, passed 5118104} As you see below the State has enacted certain Limits. I call your attention to subsections 3 through 6. below that are highlighted in red below. After the Statutes you will see the General Employees current investment policy.. 12/14!200'7 Page 3 of 7 STATE STATUTES TAXATION AND Chap#er 21.5 View Entire FINANCE FINANCIAL MATTERS: GENERAL Chaat__er PROVISIONS 215.47 Investments; authorized securities; loan of securities.--Subject to the Limitations and conditions of the State Constitution or of the trust agreement relating to a trust fund, moneys available for investments under ss. 215.44-215.53 may be invested as follows: (1) Without limitation in: (a) Bonds, notes, or other obligations of the United States or those guaranteed. by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof. (b) State bonds pledging the folk faith and credit of the state and revenue bands additionally secured by the full faith and credit of the state. (c) Bonds of the several counties or districts in the state containing a pledge of the full faith and credit of the county ar district involved. (d) Bonds issued or administered by the State Board of Administration secured solely by a pledge of all or part of the 2-cent constitutional fuel tax accruing under the provisions of s. 1G, Art. iX of the State Constitution of 1885, as amended, or of s. 9, Art. XII o€ the ~ 9b8 revised State Constitution. (e) Bonds issued by the State Board of Education pursuant to ss. 18 and 19, Art. XII of the State Constitution of 1$$5, as amended, or to s. 9, Art. X11 of the 1968 revised State Constitution, as amended. (f) Bands issued by the Florida Outdoor Recreational Development Council pursuant to s.. 17, Art. 17( of the State Constitution of 1885, as amended. (g) Bands issued by the Florida State Improvement Commission, Florida Development Commission, Division of Band Finance of the ZI?epartment of General Services, yr Division of Bond Finance of the State Board of Administration. (h) Savings accounts in, or certificates of deposit of, any bank, savings bank, or savings and loan association incorporated under the laws of this state or organized under the Paws of the United States doing business and situated in this state, the accounts of which are insured by the Federal Government or an agency thereof and having a prime quality of the highest letter and numerical ratings as provided for by at least one nationally recognized statistical rating organization, provided such savings accounts and certificates of deposit are secured in the manner prescribed in chapter 280. (i) dotes, bonds, and other obligations of agencies of the United States. (~) Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. (k) Time drafts or bills of exchange drawn on and accepted by a commercial bank, otherwise known as banker's acceptances, which are accepted by a member bank of the Federal Reserve 12/I4/2007 Page 4 of 7 System and are of prime quality of the highest letter and numerical ratings as provided for by at least one nationally recognized statistics{ rating organization. (l) Negotiable certificates of deposit issued by domestic or foreign financial institutions in United States dollars of prime quality of the highest letter and numerical ratings a5 provided for by at least one nationally recognized statistical rating organization. (m) Short-term obligations not authorized elsewhere in this section to be purchased individually or in pooled accounts or other collective investment funds, for the purpose of providing liquidity to any fund or portfolio. (n} Securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the investment Company Act of 1940, ~ 5 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company ar investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. (2) With no more than 25 percent of any fund in: (a) Bonds, notes, or obligations of any municipality or political subdivision or any agency or authority of this state, if the obligations are rated investment grade by at least one nationally recognized statistical rating organization. (b) Notes secured by first mortgages, insured or guaranteed by the Federal Housing Administration or the United States Department of Veterans Affairs.. (c) Mortgage securities which represent participation in or are collateralized by mortgage loans secured by real property. Such securities must be issued by an agency of or enterprise sponsored by the United States Government, including, but not limited to, the Government National Mortgage Association, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. (d) Group annuity contracts of the pension investment type with insurers licensed to do business in this state which are rated investment grade by at least one nationally recognized rating service. (e) Certain interests in real property and related personal property, including mortgages and related instruments on commercial or industrial real property, with provisions for equity or income participation or with provisions for convertibility to equity ownership; and interests in collective investment funds, Associated expenditures for acquisition and operation of assets purchased under this provision or of investments in private equity or other private investment. partnerships or limited liability companies shad be included as a part of the cost of the investment. i. The title to real property acquired under this paragraph shall be vested in the name of the respective fund. 2. For purposes of taxation of property owned by any fund, the provisions of s. 196,199(2}(b) do not apply. 3. Real property acquired under the. provisions of this paragraph shall not be considered state lands or public lands and property as defined in chapter 253, and the provisions of that chapter do not apply to such real property. 12/24/2007 Page 5 of 7 (f) Fixed-income obligations not otherwise authorized by this section issued by foreign governments or politico[ subdivisions or agencies thereof, supranational agencies, foreign corporations, or foreign commercial entities, if the obligations are rated investment grade by at least one nationally recognized rating service. (g} A portion of the funds available for investment pursuant to this subsection may be invested in rated or unrated bonds, notes, or instruments backed by the full faith and credit of the government of Israel. (h) Obligations of agencies a# the government of the United States, provided such obligations have been included in and authorized by the Florida Retirement System Defined Benefit Plan Investment Policy Statement established in s. 215.475. (i) United States dollar-denominated obligations issued by foreign governments, or political subdivisions or agencies thereof, supranational agencies, foreign corporations, or foreign commercial entities. (j) Asset-backed securities not otherwise authorized by this section. {3) With no more than 80 percent of any fund in common stock, preferred stock, and interest- bearing obligations of a corporation having an option to convert into common stock, provided: (a) The corporation is organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia; or (b} The corporation is listed on any one or more of the recognized national stock exchanges in the United States and conforms with the periodic reporting requirements under the Securities Exchange Act of 1934. (c) Nat mare than 75 percent of the fund 'may be in internally managed common stock. The board shall not invest more than 10 percent of the equity assets of any fund in the common stock, preferred stock, and interest-bearing obligations having an option to convert into common stock, of any one issuing corporation; and the board shall not invest more than 3 percent of the equity assets of any fund in such securities of any one issuing corporation except to the extent a higher percentage of the same issue is included in a nationally recognized market index, based on market values, at Least as broad as the Standard and Poors Composite Index of 500 Companies, or except upon a specific finding by the board that such higher percentage is in the best interest of the fund. (4} With no more than 80 percent of any fund, in interest-bearing obligations with a fixed maturity of any corporation or commercial entity within the United States. (5) With no more than 25 percent of any fund in corporate obligations and securities of any kind of a foreign corporation or a foreign commercial entity having its principal office [orated in any country other than the United States of America or its possessions or territories, not including United States dollar-denominated securities listed and traded on a United States exchange which are a part of the ordinary investment strategy of the board. (&) With no mare than 5 percent of any fund to be invested as deemed appropriate by the board, notwithstanding investment limitations otherwise expressed in this section. Prior to the board engaging in any investment activity not otherwise authorized under ss. ~ibs44-215.53, excluding investments in publicly traded securities, options, financial futures, or similar instruments, the board shall present to the Investment Advisory Council a proposed plan for such investment. Said 12/14/2007 Yage 6 of 7 plan shall include, but not be limited to, the expected benefits and potential risks of such activity; methods far monitoring and measuring the performance of the investment; a complete description of the type, nature, extent and purpose of the investment, including description of issuer, security in which investment is proposed to be made, voting rights or lack thereof and control to be acquired, restrictions upon voting, transfer, and other material rights of ownership, and the existence of any contracts, arrangements, understandings, or relationships with any person or entity (naming the same) with respect to the proposed investment; and assurances that sufficient investment expertise is available to the board to properly evaluate and manage such activity. The Investment Advisory Council may obtain independent investment counsel to provide expert advice with regard to such proposed investment activity by the board, and the board shall defray such costs. {7} For the purpose of determining the above investment [imitations, the value of bonds shall be the par value thereof, and the value of evidences of ownership and interest-bearing obligations having an option to convert to ownership shall be the cast thereof. (8) Investments. in any securities authorized by this section may be under repurchase agreements or reverse repurchase agreements. (9) Investments made by the State Board of Administration shall be designed to maximize the financial return to the fund consistent with the risks incumbent in each investment and shall be designed to preserve an appropriate diversification of the portfolio. The board shall discharge its duties with respect to a plan solely in the interest of its participants and beneficiaries. The board in performing the above investment duties shall comply with the fiduciary standards set. forth in the Employee Retirement Income Security Act of 1974 at 29 U.S.C. s. 1104(a)(1 }{A) through (C}. in case of conflict with other provisions of law authorizing investments, the investment and fiduciary standards set forth in this subsection shall prevail. (10} the board is authorized to buy and sell futures and options, provided the instruments far such purpose are traded an a securities exchange or board of trade regulated by the Securities and Exchange Commission pr the Commodity Futures Trading Commission, unless the board by rule authorizes a different market. (11) The board is authorized to invest in domestic or foreign notional principal contracts. {12) The State Board of Administration, consistent with sound investment. policy, may pledge up to 2 percent of the assets of the Florida Retirement System Trust Fund as collateral for housing bonds issued by the State of Florida or its political subdivisions under chapter 159, part V of chapter 420, or chapter 421 as a supplemental income program for the system. With regard to any collateral program, the State Board of Administration is authorized to coordinate or retain other governmental entities of the State of Florida ar private entities to administer this program, as well as receive fees for the use of the designated collateral. {13) The State Board of Administration, consistent with sound investment policy,. may invest the earnings accrued and collected upon the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund pursuant to s. ~39.~(6}(b}. Such investment shall be limited as provided in s. 2$$..9607(7}. {14) With na more than 5 percent of any fund in private equity through participation in limited partnerships and limited liability companies. (15) The State Board of Administration is authorized to invest in domestic and foreign group trusts. {16) Securities or investments purchased or held. under the provisions of this section may be loaned 12/14/2007 Page 7 of 7 to securities dealers or financial institutions, provided the loan is collateralized by cash or securities having a market value of at least 100 percent of the market value of the securities loaned. (.17) The State Board of Administration may sell short any of the securities and investments authorized under this section. History.--s. 5, ch. 57-353; s. 1, ch. b1-462; s. 1, ch. 63-341; s: 1, Ch. 63-446; s. 1, ch. b5-551; s. 2, ch. 67-354; ss. 2z, 35, ch. 69-106; s. 18, ch. 69-215; s. 1, ch. 70-47; ss. 1, 2, ch. 73-183; s. 65, ch. 73-333; s. 14, ch. 77-301; s. 2, ch. 79-262; s. 9, ch. 80-397; s. 123, ch. 81-259.; s. 3, ch. 82-45; s. 35, ch. 83-3; s. 16, ch. 83-215; s. 1, ch. 83-229; s. Z, ch. 83-270; s. 1, ch. 84-137; s. 1, ch. 84-156; s. 213, ch. 85-342; s. 54, ch. 85-152; s. 3, ch. 86-236; s. 5, ch. 88-171; s. 2, ch. 88-385; s. 2, ch. 59-299; s. z6, ch. 91-244; s. 150, ch. 92-279; s. 8, ch. 92-312; s. 55, ch. 92-326; s. 5, ch. 93-162; s. 45, ch. 93-187; s. 64, ch. 93-268; s. 2, ch. 94-264; s. 5, ch. 94-332; s. 130, ch. 95-417; s. 5, ch. 96- 177; s. 2, ch. 98-47; s. 5, ch. 2004-71; s. 6, ch. 2005-253; s. 3, ch. 2006-205. iNote,--Transferred to the State Board of Administration by s. 2, ch. 92-279. 2lvote.--Redesignated as the Department of Management Services by s. 4, ch. 92-279. NCopyright O 1995-2006 The Florida Legislature • SUSa?Z .~.. RZ~Ery Clty Attbrlley 200 N.W. 1st Avenue Delraq Beach, FL 33444 telephone: 561-243-7091 facsunile: 551-~7$-4755 email: ruby@ci.delray-beach.#l.Us 1214/2007 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: March 14, 2008 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 AMENDMENT NO. 1/AGREEMENT/ LEGAL SERVICES/HEARING OFFICER ITEM BEFORE COMMISSION Amendment No. 1 to Agreement for Legal Services/Hearing Officer BACKGROUND Last year, Lula Butler, Al Berg, Richard Bauer and I interviewed all three (3) applicants for Hearing Officer and we recommended that David Schmidt be appointed as the Hearing Officer and Roger Saberson and Doak Campbell as the alternates. Mr. Schmidt's term as Hearing Officer expired on December 6, 2007. Mr. Schmidt expressed his interest in serving as the Hearing Officer for another two (2) years and, as per the original Agreement, the term may be renewed by agreement of both the City Commission and the Hearing Officer. Therefore, attached to this memo is an amendment to the original agreement extending the term for an additional two (2) years. FUNDING SOURCE 001-2741-524-34.90 RECOMMENDATION City Commission discretion. AMENDMENT NO. 1 TO THE AGREEMENT FOR LEGAL SERVICES/HEARING OFFICER DATED DECEMBER 6, 2006 THIS AGREEMENT is made this day of , 2008, by and between DAVID W. SCHMIDT ("Hearing Officer") and the CITY OF DELRAY BEACH ("City") WITNESSETH: WHEREAS, the Hearing Officer and the City entered into an Agreement for Legal Services/Hearing Officer dated December 6, 2006 ("Agreement"); and WHEREAS, Hearing Officer and City have agreed to extend the term of the Agreement from December 6, 2007 until December 6, 2009. NOW, THEREFORE, in consideration of the mutual promises and obligations below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, Hearing Officer and City warranting to the other that each has the authority to do so, agree as follows: 1. The recitals set forth above are true and correct and reiterated herein. 2. Section 2, "Term" of the Agreement is hereby amended as follows: The term of this Agreement shall be for ewe-~1~ two 2 years from the effective date of this Amendment No. 1 to the Agreement unless terminated as provided in this Agreement but may be renewed for additional terms by agreement of both the City Commission and the Hearing Officer. 3. All other terms and conditions of the Agreement not expressly modified by this Amendment No. 1 remain in full force and effect. IN WITNESS WHEREOF, Hearing Officer and City have set their hands and seals the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowled 2008, by personally known to me or who has produced as identification. CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor HEARING OFFICER By: David W. Schmidt, Esq. Social Security No.: or Federal Tax No.: 2 ged before me this day of , (name of person acknowledging), who is (type of identification) Signature of Notary Public -State of Florida MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: March 11, 2008 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 SPECIAL EVENT REQUEST/AVDA SK WALK/RUN ITEM BEFORE COMMISSION City Commission is requested to endorse the 11~' Annual Aid to Victims of Domestic Abuse, Inc. SK Walk/Run to be held on Saturday, October 11, 2008 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean Boulevard from Casurina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff assistance for providing traffic control, barricading, signage, trash pick up and removal, and set up and use of half of the small stage. BACKGROUND Attached is the permit we received from Jennifer Mahoney, on behalf of AVDA, to hold their 11th Annual SK Walk/Run on Saturday, October 11, 2008. The route requested is on A-1-A from Casurina to George Bush Boulevard. AVDA volunteers will assist with marshals and will provide assistance with clean up. The stage will be set up in the park on Friday. The estimated overtime costs for the event is approximately $2,700 and stage rental is $265. Per event policies and procedures the charge for City services will be approximately $1,280. A budget and site plan for the event is attached. EMS services will not be needed. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, and the waiver of parking fees in Anchor and Sandoway parking lots from 5:00 a.m. until noon. We also recommend authorization to provide staff assistance for traffic control, barricading, signage, clean up and stage set up and use, contingent on the sponsor providing the required Liability Insurance and Hold Harmless Agreement. .. City of Delray Beach Special Event Permit • Application PLEASE TYPE OR PRINT DELRAY BEACH F L d R l D A All-America City 1993 Z~~CEIVED EventName/Title: AVDA SKRun/Wa1k200$ ---- - - -----~ ~~~ ~ POOB Event Date{s): October l 1.28 Times: S:OOam-11:OOam A a~ i~ i s T RAT i v E SERVICES Event Sponsor/Producer: AVDA Aid to Victims of Domestic Abuse Inc. Event Contact/Coordinator: Jennifer Mahone Name: Jennifer Mahone Address: P4 Box 6161 Delray Beach, FL 33482 - ----- Telephone Number: 265-3797 ex 102 Cellular Number: 561-704-8475 E-mail Address: jmahone~(cr~,avda fl.com_ - Event Descrip~tion/Purpose: A run/walk to raise awareness and funds for AVDA Brief History of Everrt {~f applicable): The event has been held for the last 9 years at the same location. Planned Activities (Outline of activitiesJnumber of activities, i.e. entertainment, children's rides, games, other programs): SK, famliy fun mile, DJ, awards and prizes Number of Individuals Served Previous Year {if applicable): 376 Describe the targeted population and expected attendance: Delray residents are the. primary - audience• however runnels tome from Ft. Lauderdale and West Palm Beach areas too. EX attendance is 500. Describe how the program or project addresses community needs: AVDA's 5K b ' awareness of domestic abuse in the communi and we offer to address the im act of domestic abuse and families. Describe your Marketing/Promotions Program (How will you marketlpromote, i.e. TV, radio, posters, flyers, web sites, other): Posters, flyers, website, apt~licationsi t-,shirts and censorships. ~~, ~~, Sponsor Category (please check) City ^ Nan-ProfitfCharitable ~ Private ^ Co-sponsor -Non-Profit/Private ^ (If Non profit attach proof of SOI c(3), c(4), c(6), C(ID), or c(I9) or (d) Event Location (Describe area boundaries of eventllocation}; Anchor Park -- A 1, A Delray Beach Runners be in at Anchor Park and rocee to Gear a Bush Blvd. The r turn the same route endin at Anchor Park. Site plan attached: yes ~ no (Site plan required for enure event site Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.} Rental of Gld School Square: yes no ~ (IFyes, attach proof of approval) _ . Private Property Use: yes no ~ (If yes, attach letter giving authorization from property owner) Event budget attached: yes_~ no (Required for all events) Previous year Revenue/Expense summary attached: yes_~ no_ (Required for all events} Do you have cash sponsors for the event: yes_~ no. (Indicated on budget} Do you have inkind sponsors for the event: yes~~ no, (Indicated on budget} U:lwwdatalCreative City Collabrative CommitteelSpecial Event Permit Application Final 9.C.07.doc 2 Serving or selling alcoholic beverages: yes no ~ (If yes, copy of license and alcohol liabilJty insurance required two (2) weeks prior to e+~ent) Event certificate of insurance attached: yes no_~ (will provide prior to the event} (Required two (2) weeks prior to event naming the City as additional insured also required for vendors) Playing of amplified music: yes ~ no. (Waiver required) see attached Wilt there be entertainment: yes~~ no (If yes, attached list of Performers and/ar DJ's} If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes_~1 no_ Requesting Police assistance: yes~~ no {trafFic controUsecurity) Will supplement with private security: yes, (Ifyes, need plan attached) Requesting Emergency Medical assistance: yes_~ Requesting barricade assistance: yes_~ (If no, how are you handling?) Requesting trash removatlclean up assistance: yes_~ {Will be billed to sponsor) Requesting trash boxeslcontainers and liners: yes ~ Requesting stage use: ~ ~y„rr~ yes_~ (Ifyes, check type) 'T ~ Large stage (14' x 36')~ ;',Small stage (l6' x 21') ^ _ no no ~ ~ W,~cf .~'~"- Halfsmall stage (8' x 21'}~ Requesting signage: yes_~l~ Type: 4'x4'Event sign ~ Parking Signs Banner hanging _ _ _ _~ Indicate dates required, (Waiver required if more than one (1) weel ~r prior to event) Requesting City Portable Generator; yes noW~ {If yes, size & power} Food and beverage vendors: yes no~~ If yes, approximate number (Health Department approval required) yes no~,~ U:lwwdaQalC`re~ive City Calla~we jai Ewe~t i~it Ap~alic~tion Fina19.6.07.doc no ~ no~ no no no Other vendars: yes noJ~ (Irr~te type} Tents: yes no~~ If yes, Haw many What size or size required (Ifyes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no ~ (If yes, type and location and copy of liability insurance requirer~ also requires state license and inspection.) Will the event be gated: yes no ~. (Show onsite map) Will there be a charge for the event: yes na~~ (If yes, Indicate tickd prices) Will there be fireworks or other pyrotechnics: yes no_~ (If yes, contact Fire Marshal to obtain and complete pernad application) Will there be cooking with compressed gas: yes (Ifyes, contact Fire Marshal for Bnspedions) na ~ Will you be providing port-a-lets for the event: yes no ~_ {Ifyes, locate on site map. If no, indicate how you will handle restroom needs) is reserved parking requested: yes_~ na {Ifyes, indicate locations and purpose for use) Request for parking meters to be off during the event from S:QOam-11:OOam at Anchor Park, Sandoway Park and city lot on Gleason. Event Permit Attachments: ~ RevenuelExpense Budget ~ ~Revenue/Expense Recap Last Yeazs Event ~~~~-Site Plan _~^Letter Requesting Naise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages _~- Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event .45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event U:lvuwdaux~.Spasal Evart Reg1~4Spec~1 Event Permit Appiic~ion FINAL 9.6,07.dnc /~' Ev nt Cont ctor/Coordinator P ase print: J~nu,+ fitr o C~ l f~ Ia ~ Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. ist Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received ~~~~ ~ ~ Application fee received $ /~ UawwdatalCreative City Colla6rative CommitteelSpecial Event Permit Application Final 9.6.07.doc 1/14/2008 AVDA 2008 5K RunlWalk ~ctaber 11, 2008 Proposed Budget Revenues Sponsorships 55000 Entry Fees 9000 Donations 5000 s9000 Expenses Public Relations 1200 Printing 500 T-Shirts 1700 Timing Company 1540 DJ 400 Awards 400 City of Delray Beach 1400 Permit 150 Truck Rental 150 Bannersl5ignage 600 Labor 300 Refreshments 200 ssaa Nit sosao s Ann AVDA, Inc. ~~oa PrOfit & Loss ual Basis February 1, 2007 through January 14, 2008 Feb 1, '07 -Jan 14, 08 Ordinary IncomelExpense Income 4500 • Fund Raising 4530 • Fund Raisers 4531 • 5K Run/Walk 65,851.77 Tota14530 • Fund Raisers 65,851.77 Total 4500 • Fund Raising 65,851.77 Total Income 65,851.77 Expense 5900 • Fund Raising Expenses 5931 • 5K RunlWalk 8,312.62 Total 5900 • Fund Raising Expenses 8,312.62 Total Expense 8,312.62 Net Ordinary Income 57,539.15 Net income 57,539.15 ~aar$~ ~u.sh Bred-- Q ttP V i.S~.a~zl Max - "(homas 5t. _T ai 4 3 F iCea Atlt~tt~ic ~ ~ A~~.- h b N d r ~.yn,~P,Y l O 2 Q V O ~ ~'' `~ ~~~ ~ ~~ ~ ~ V T' W Ali 0 ~~ d 0 ~~ a~ oo°o all L't~Al-rOO~A ^~o~ o~ @ (i (~ ~ t ~ 1 a r a i 1 ~ ~ 1 / ~ l 1 I ~ t .~ l E l E E i ` Y f t t t MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 13, 2008 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of March 3, 2008 through March 14, 2008. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meeting of March 12, 2008 A. Approved (5 to 0, Andrew Youngross and Johnny Kincaide absent), a Class I site plan modification associated with architectural elevation changes to install overhead glass doors on the east and west elevations of the service building within Delray Mazda, located on the east side of South Federal Highway, south of Linton Boulevard (2001 South Federal Highway). B. Approved (5 to 0), a request for an exception to the master sign program to allow two new wall mounted signs that reflect the corporate colors for The Vitamin Shoppe, located within South Delray Shopping Center at the northeast corner of South Federal Highway and Avenue L (3175 South Federal Highway). C. Approved (5 to 0), a request for a color change for Harbor View Apartments, located on the north side of NE 1st Street, east of NE 7th Avenue (717 NE 1st Street). D. Approved (5 to 0), a Class II site plan modification and landscape plan associated with landscape improvements for Delray Town Center, located at the northeast corner of Linton Boulevard and Military Trail (4801 Linton Boulevard). E. Approved (5 to 0), a twenty-four month extension (expiring April 26, 2010) for the Courtyards at Martel Arms, a multiple family residential development located on the west side of NE 8th Avenue, north of George Bush Boulevard (1010 NE 8th Avenue). F. Approved (5 to 0), a twenty-four month extension (expiring April 26, 2010) for The Yacht Club at Delray Beach, a proposed residential condominium development located on the west side of MacFarlane Drive, south of West Atlantic Avenue. G. Approved (5 to 0), a request for a color change for Cut 432 Steakhouse, located on the south side of East Atlantic Avenue, east of SE 4th Avenue (432 East Atlantic Avenue). No other appealable items were considered by the Site Plan Review and Appearance Board. The following item which was considered by the Board will be forwarded to the City Commission for action. . Recommended approval to the City Commission (4 to 1,Connor Lynch dissenting), a waiver to the sign code to allow two wall mounted signs where one sign is allowed per elevation for Delray Mazda, located on the east side of South Federal Highway, south of Linton Boulevard (2001 South Federal Highway). Historic Preservation Board - Meeting of March 6, 2008 1. Approved (5 to 0, Keith Snider absent and Roger Cope left the meeting), a Certificate of Appropriateness request associated with replacement windows and the installation of a fence at a non- contributing property located at 418 NE 2nd Avenue. 2. Denied the Class V site plan (5 to 0, Roger Cope returned and Linda Lake abstained) and design elements (6 to 0) associated with the relocation of a contributing structure and construction of a proposed two-story office building for 36 SE 1st Avenue. Concurrently, the Board denied on a 5 to 0 vote (Linda Lake abstained) the following waivers requests: ^ Waiver to LDR Section 4.6.9(D)(4)(d), to allow aone-way traffic circulation where atwo-way traffic flow must be used when perpendicular parking spaces are used. ^ Waiver to LDR Section 4.6.14(A)(1) to allow a reduction in the sight visibility triangles from the required 20' to 5' 6" at both sides of an accessway formed by the intersection of the accessway and public right-of-way. ^ Waiver to LDR Section 4.6.14(A)(2), to allow a reduction in the sight visibility triangles from 40' to 15' 4" at intersection of the alleyway and SE 1st Avenue. Also, the following variances which are not appealable were denied by the Board: ^ Denied (6 to 0), the variance request to LDR Section 4.3.4(K), to allow a lot coverage of 67.2% where the maximum lot coverage for OSSHAD is 40%. ^ Denied (5 to 0, Linda Lake abstained), the variance request to LDR Section 4.3.4(K), to allow a reduced front yard setback of 5' 10" where the minimum required front setback for OSSHAD is 25' . ^ Denied (5 to 0, Linda Lake abstained), the variance request to LDR Section 4.3.4(K), to allow for a reduced side street setback of 2' 2" where the minimum required side street setback is 15' . ^ Denied (5 to 0, Linda Lake abstained), the variance request to LDR Section 4.3.4(K), to allow for a reduced side interior setback of 4' 10" where the minimum required side interior setback is 7.5'. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map N SPRAB HPB A. DELRAY MAZDA 1. 418 NE 2ND AVENUE 6. THE VITAMIN SHOPPE 2. ~o SE 1ST. AI/ENUE C. HARBOR I/IEW APARTMENTS D. DELRAY TOWN CENTER E. COURTYARDS AT MARTEL ARMS F. THE YACHT CLUB AT DELRAY BEACH G. CUT 4.32 STEAKHOUSE ~~~-~~-~~- CITY LIMITS ~~~~~~-~~- ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT MARCH 2008 DIGITAL BASE MAP SYSTEM - - MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: March 17, 2008 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 AGREEMENT WITH MUNICIPAL SOLUTIONS ITEM BEFORE COMMISSION The item before Commission is consideration of an agreement with Municipal Solutions in an amount not to exceed $20,000 to provide an organizational, finance and performance assessment. BACKGROUND At the March 13, 2008 workshop meeting the Commission provided consensus to hire Municipal Solutions to conduct the assessment for the City. The City Attorney recommended changes to the agreement with Municipal Solutions which they accepted. The revised agreement for services is attached. FUNDING SOURCE Funding will be provided through a transfer from Manager's contingency. RECOMMENDATION Recommend approval of the agreement with Municipal Solutions for an organizational, finance and performance assessment. 360° ©RGANIZATIONAL, FINANCIAL. €k PROCESS ASSESSMENT "'DOING MORE WITH LESS'' LETTER OF ENGAGEMENT THIS AGREEMENT IS MADE THIS DAY OF , 2©08, BY AND BETWEEN THE. CITY OF DELRAY BEACH,.. FLORIDA (THE CITY} AND MUNICIPAL SOLUTIONS, LLC. (MUNICIPAL SOLUTIONS) 1. OBJECTIVES OF THIS PROJECT : MUNICIPAL SOLUTIONS SHALL ADDRESS THE FOLLOWING OBJECTIVES: A. Explore each department's needs, skills, processes, resources and priorities to determine how refinement or improvement to operational efficiency (time), expenditures (costs), and revenue generation can be realized during the upcoming 2009 budget year and beyond. B. Examine each department's Functions; evaluate the Form or Structure of each department to determine whether it is optimal towards fulfillment of the department and City-wide goals, objectives and priorities; and determine whether the current Resources (personnel, technology and physical assets) are being used efficiently. C. Determine optimization alternatives to the organization's Functions, Forms /Structure, and Resources. D. Determine if, where and why internal stop-gaps are failing and how they can be remedied. E. Determine and quantify the most effective strategy for each department, to accomplish their organizational objectives. F. Determine the most effective means for reducing the cost of operations while improving service delivery and service quality. G. Establish the basis for internal assessments, controls, monitoring, and reporting for perpetual organizational improvement to these ends. Municipal Solutions, l(c 2008 -Proprietary- Page 1 of 9 360° ©RGANIZATIONAL, FINANCIAL. €k PROCESS ASSESSMENT "'DOING MORE WITH LESS'' H. Provide a high-level report validating greatest-needs and areas of greatest-potential. 2. SCOPE. OF WQRK The Organizational, Financial and Process Assessment process is universal in its application within the organization. The Organizational Enhancement concept requires consultative familiarity with multiple facets of public service, as well as intimate knowledge of each municipal department's Function, understanding of how it's Form or Structure is intended to addresses key functions, and whether its personnel and physical Resources are being efficiently utilized to realize significant cost savings and service quality improvement. Below is a complete overview of the Organizational, Financial, and Process Assessment Process to achieve results of "doing more with less". A. PRE-ASSESSMENT 1. Objectives: Project Orientation & Whiteboard Session: PowerPoint presentation to and discussion with Department Managers regarding the differences between the Status Quo principal and the principal of Innovation -what it means from various organizational perspectives (City Administration, Department Managers and Line /Field Staff), how it effects service delivery, and ultimately how it translates into measurable cost savings and quality of service to the taxpaying public. Discuss the importance of Renewal and how this Assessment aims to reduce cost of operations, and improve quality of service. Briefly discuss the range of potential outcomes from the assessment (organizational changes to Functional Duties, reorganization, and possibly reassignment). Discuss the objectives of our work, timelines and outcomes. 2. Timin :Municipal Solutions shall provide Objective 2. A.1 within 30 days of contract execution. B. ASSESSMENTS Note: Examples are provided for illustration only. All alternatives will be explored and validated or excluded. Objective: Municipal Solutions shall comprehensively examine the City's departments and identify essential Service Area Functions, the Form or Structure currently being used to carry out its intended objectives, and evaluate whether Function, Form or personnel and other physical Resources are optimal in reducing the cost of operations. Determine where significant cost-savings can be realized both short-term and in perpetuity, and provide a high-level evaluation with fairly detailed recommendations including changes to policy, technology, Municipal Solutions, l(c 2008 -Proprietary- Page 2 of 9 360° ©RGANIZATIONAL, FINANCIAL. €k PROCESS ASSESSMENT "'DOING MORE WITH LESS'' reorganization, reassignment, service level changes, mutual aid and more efficient use of all resources. a. Function: Service Delivery & Process 1. Municipal Solutions shall evaluate principal areas of department functions, what services they provide (internal and external), and how current processes deliver those services. Examine rate- based revenues, user fees, and tax-generated revenues for legal and prudent ways to redistribute costs for services and operational expenses. Example #1: Processing of land use permits, the cost involved, and the time required under current procedures. Are these procedures efficient and effective from various perspectives -including the private sector? Can they be changed to improve service quality while reducing the City's labor and resource costs? Are multiple departments communicating effectively in the processing of a permit or application? Are permit fees being properly collected? Are they inordinately low and can greater revenues be realized without diminishing service quality? Is staffing too high or low, or are functional duties inefficiently spread across multiple individuals? Example #2: Is the practice of weekly AR/AP costing the City more than bi-weekly processing of payments? If so, what are the potential cost savings and cost/benefit of such a shift from current practices? b. Organizational Structure: Municipal Solutions shall evaluate how the organizational structure, within and among departments might be more efficient in addressing current service areas. Such reorganization might include combining or separation of functions, sharing of resources, and / or the reassignment of personnel. Example #1: The current organizational chart for Fiscal Year 2007-2008 illustrates an organization where Utilities, Leisure Services and Public Works are separate functional areas; however, comparison to other communities of similar size and service offerings illustrates a closer organizational relationship than Delray Beach's organizational structure does? /s a continuation of this organizational structure efficient? Is it based on function or personnel in the position? How might similar functional areas and organizational structure be optimized for cost savings and service delivery improvement? Municipal Solutions, l(c 2008 -Proprietary- Page 3 of 9 360° ©RGANIZATIONAL, FINANCIAL. €k PROCESS ASSESSMENT "'DOING MORE WITH LESS'' Example #2: The combining of Police and Fire into adual- certified Public Safety department could produce a significant savings in needed facilities, operational expenditures, capital purchases and improvement in quality of service. c. Resources: Management /Use (Personnel, Technology, Physical Facilities) 1. Municipal Solutions shall evaluate current Personnel, Technology and Physical Facilities to determine a greater efficiency than is currently realized. Consider the reassignment of personnel, more efficient use of physical facilities, and better use of technologies to improve efficiency and service delivery. Report will include the current and potential use of Best Available Technologies (BAT) to ensure the most efficient installation of equipment and effective operation of the City's departments and functions. Recommend the installation, removal or replacement of equipment or programs to meet organizational financial and service delivery goals. Consider the benefits and cost savings of Electronic government (E-Gov) services which provide greater access for residents and businesses to municipal services while providing more efficient process management for staff and cost savings to the organization. Example #1: Online utility bill payment online, on-line registration for recreation or other social programs, and permit submittal, processing and tracking (internal and external). Example #2: Is the City following GASB 34 practices for Asset management and depreciation? Have these finance-driven practices been disseminated and driven into each organization and into key processes such as the City's Capital Improvements Program or IT Department's Master Plan and equipment replacement program? Example #3: Examination of the physical facilities might illustrate that personnel in one department are spread out across multiple buildings, requiring the regular use of vehicles and cell phones. Cost savings might be realized through the relocation of staff into fewer facilities, an examination of vehicle use (mileage, maintenance costs & policies of use), and cell-phone usage. Such examination might reveal opportunities for `tweaking' policies and modifying the use (and sometimes excessive use) of the City's technology and assets. d. Public Partnerships, Mutual Aid and Outsourcing: 1. Evaluate the potential for Mutual-Aid Agreements with other public institutions, including the County, School Districts, Special Districts Municipal Solutions, l(c 2008 -Proprietary- Page 4 of 9 360° ©RGANIZATIONAL, FINANCIAL. €k PROCESS ASSESSMENT "'DOING MORE WITH LESS'' or other government agencies in addressing services, technology or personnel towards performance improvement and / or cost-sharing of similar operations or maintenance expenses. Examine the potential for Outsourcing certain functions or services to private institutions including the potential of privatization of services and fee-based contracts. Example #1: The local public agency belongs to an affordable health insurance plan which permits the City to become part of the pool at a significant cost savings. Example #2: Significant cost savings might be realized through purchase of vehicles or other capital equipment through a purchase agreement with the County, the local school district, or the State of Florida or through participation on County or State purchasing contracts as allowed bylaw. Example #3: Outsourcing of police lab operations to County, or the development of service contracts with adjacent communities for City Fire /Police to provide laboratory or response services to other communities under a Mutual aid Agreement 3. DELIVERABLES: MUNICIPAL SOLUTIONS SHALL PROVIDE THE FOLLOWING: A. Preliminary Report B. Final Report will present the current problems, identify alternatives and provide acost-benefit analysis that can be implemented strategically-put in terms that a lay-person could easily understand & move forward after reading. It will be comprehensive in nature -covering all departments and services. Solutions will be specific and detailed. C. Presentations to Staff and City Council in a Work Sessions and / or Public Meeting is anticipated. 4. TIMING: Municipal Solutions shall provide the deliverables and presentations as follows: A. A & B: Preliminary Report: w/in 45 days of contract execution. B. A & B: Final Report: w/in 45 days of Preliminary Report. C. Presentations: As need warrants and as time and expense allows. D. Additional Work: As requested via written change order. 5. ADDITIONAL WORK: Municipal Solutions shall provide the following services as requested: Municipal Solutions, l(c 2008 -Proprietary- Page 5 of 9 360° ©RGANIZATIONAL, FINANCIAL. €k PROCESS ASSESSMENT "'DOING MORE WITH LESS'' A. Enterprise Funds B. Further Assessment into Specific Departments C. Validation /Implementation of Action Items or specific areas D. Additional Statistical /Financial /Legal Analysis or Design work E. Technology Alternatives, Bid Document Specifications /Preparation, Vendor Evaluation /Selection and Contract Administration F. Developing and Securing Inter-government /Inter-agency Agreements G. Administration of Contracts or Agreements H. Strategic Planning of Annual Goals & Policies I. Customer Service or Skills-specific Training s. RATES:.. Municipal Solutions' rates are structured one of three ways: Project-based, Hourly Rate-based, or Reduced Hourly Rate-based. Project-based rates are determined by overall project scope, time required for completion and the likelihood of variable costs or shifting timelines. Normally, Hourly Rate-based rates average between $125-$250 per hour but can vary depending upon the complexity /risk of the project, municipal organization and / or service level complexity, size and budget of the municipality, regional factors, the priority requested by a client, the levels of cooperative and independent effort, and the time constraints necessary to complete the work. A Reduced Hourly Rate generally is 15% less than normal hourly rates. 1. Rates for this Agreement: For purposes of this agreement, a preliminary not-to exceed Project-based rate of $20,000 will apply. The Hourly Rate or Project Rate or any additional work not supplied in this agreement will be determined at that time and included in any amendments to this or separate agreements by written change order. All supplies, travel, and expenses related to all elements including publication of documents (not to exceed 3 original copies), are included. Use of municipal supplies, telephone and photocopying equipment by Municipal Solutions Team Members is approved while on-site as is appropriate to offset additional expenses. Invoices are itemized including time and expense. Financial /project status worksheets are kept by the Consultant to ensure all projects do not exceed the amount agreed upon. These records are available upon request. Unless otherwise stated in this agreement, clients are billed monthly and our fees are payable within 30 days of invoice date. This project will be billed as follows: • 25% due within 15 business days of the execution of this agreement. • 25% due within 15 days of submittal of Preliminary Report. • 50% due within 15 business days of submittal of the Final Report. Municipal Solutions, l(c 2008 -Proprietary- Page 6 of 9 360° ©RGANIZATIONAL, FINANCIAL. €k PROCESS ASSESSMENT "'DOING MORE WITH LESS'' A 5% per month Late Charge will be charged on any outstanding balance not paid within 30 days of the invoice date, and no late charges will occur so long as payment is current. Unexpected or changing circumstances may be encountered during the engagement, therefore, changes may be necessary, by the request of either party, without revision to the terms of this Agreement, though it is also understood that changes should be reduced to writing. 7. CQMPANY RERRESENTATION; CITY REPRESENTATION; MISCELLANEOUS; A. Municipal Solutions cannot provide an assurance that a `perfect' product will be rendered. However, all efforts will be made to ensure the best product possible for the client. Circumstances may arise in which it is necessary for us to modify our efforts or withdraw from the engagement. To mitigate the effects of such circumstances, the findings or reasons for concern, modification or withdrawal will be communicated clearly by each agent of this agreement, and reduced to writing as often as possible. B. Both parties agree to work in good faith to avoid any delay or premature termination in the relationship. C. The City has the ultimate responsibility for identifying a project manager or contact for the course of this project, and outlining necessary outcomes of this agreement. Municipal Solutions, LLC has the responsibility of providing timely and accurate information, communications, and the results in fulfilling the established objectives and tasks of this agreement. This responsibility includes the maintenance of adequate records and internal controls and the safeguarding of accomplished tasks. Our agreement cannot be relied upon to disclose every problem in the relationship; however, both parties agree to notify each other immediately if any such matters come to one or the other's attention. We have confidence that the relationship will greatly benefit both parties. D. The City agrees that all records, documentation, and information in its possession in connection with our engagement will be made available to us, and Municipal Solutions agrees that all records, documentation, and information in our possession in connection with our engagement will be disclosed one to another, and that Municipal Solutions, LLC will have the full cooperation of the City's personnel, under the direction of its Principal, for the efficient and effective completion of the requested services. E. Both parties agree that the City shall solely own any document, record, or information created by the parties under this Letter of Engagement. The Municipal Solutions, l(c 2008 -Proprietary- Page 7 of 9 360° ©RGANIZATIONAL, FINANCIAL. €k PROCESS ASSESSMENT "'DOING MORE WITH LESS'' City shall not have to pay any party for the use or continued use of any document created under this Letter of Engagement. F. As required by generally accepted standards, we will make specific inquiries into various organizations to whom a relationship exists or may eventually exist. If the responses to our inquiries, the oral and representations, and results of our efforts somehow appear to compromise our relationship, both parties agree to first try to resolve the relationship together without resulting to litigation. If both parties are unable to resolve the dispute, then either party shall be allowed to pursue litigation to resolve the dispute. Any litigation shall be brought in the Palm Beach County Court, which shall have exclusive venue for any matter arising out of this Letter of Engagement. This Agreement shall be governed by the Laws of the State of Florida. G. Although we are available to provide you with municipal consulting services, we are not obligated to venture beyond the terms of this agreement in writing. The City should rely on advice from our organization, however, we prefer to fully review and report our recommendations and results in writing to the City of Delray Beach. H. This Agreement contains the entire agreement of the parties and this agreement may be amended in writing. Both parties acknowledge that this Letter of Engagement is subject to the conflict of interest provisions set forth in as amended and statutes or codes in the State of Florida. 8. Insurance: Municipal Solutions, Ilc maintains current liability, automotive and workers compensation insurance. 1. $1/$2 Million Commercial Comprehensive, E & O and Automotive Liability policy through The Hartford, and 2. Workers Compensation Insurance through SCF of Arizona. 9. Termination: This Agreement may be terminated with or without cause upon 15 calendar days notice to the other. The amount due Municipal Solutions on termination shall be a payment to Municipal Solutions that reflects the total payment due on the completed agreement minus the sum that reflects apro-rata daily computation of the amount remaining to be Municipal Solutions, l(c 2008 -Proprietary- Page 8 of 9 360° ©RGANIZATIONAL, FINANCIAL. €k PROCESS ASSESSMENT "'DOING MORE WITH LESS'' paid on the agreement based on promised delivery dates commencing from the termination date.. The City shall be entitled to all work sheets and products prepared up to the termination date. Notices will be sufficient if emailed or mailed to the following persons: David T. Harden, City Manager 100 N.W. 1St Avenue Delray Beach, FL 33444 David A. Evertsen, Principal Municipal Solutions, LLC P.O. Box 5038 Goodyear, AZ 85338 If the above terms are acceptable to you and the services outlined are in accordance with your understanding, please sign three copies of this letter and return them to us as soon as possible. We are pleased to have this opportunity to serve you and we trust that our association will be a long and pleasant one. Sincerely, - -, - ~~- David A. Evertsen, Principal Municipal Solutions, LLC Accepted By: By: David Harden, City Manager David A. Evertsen, Principal Representing: The City of Delray Beach Representing: Municipal Solutions, LLC Date: Date: Approved as to Form By: City Clerk or City Attorney Date: Municipal Solutions, l(c 2008 -Proprietary- Page 9 of 9 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 7, 2008 SUBJECT: AGENDA ITEM 8.P.1 -REGULAR COMMISSION MEETING OF MARCH 18, 2008 BID AWARD/WEST CONSTRUCTION, INC./SW 2ND AVENUE STREETSCAPE/INFRASTRUCTURE IMPROVEMENTS ITEM BEFORE COMMISSION Request for Commission approvaUauthorization for the Mayor to execute the construction contract with West Construction, Inc. for the construction of SW 2nd Avenue Streetscape/Infrastructure Improvements for $267,454.11. BACKGROUND SW 2nd Ave is proposed to be improved in conjunction with the recently completed parking garage and the current expansion of the South County Courthouse project, both of which are being constructed by Palm Beach County.Improvements along SW 2nd Avenue include on-street parking, drainage, decorative street lights, paver sidewalks and landscaping and irrigation. The CRA is funding the majority of the project. FUNDING SOURCE Funding is available from General Construction Fund account #334-3162-541-65.87 and Storm Water Enterprise Fund account #448-5461-538-65.87. Ftrnclin~ Arrc~trnt# Gulunrc~ Cc~nstnrctionAnu~unt CRA 334-3162-541-65.7 `~-~ 19?50.00 `?64,779.57 "'City -l-lS-5461-,5~8-6i.S7 `~ 17.930.00 `~ ~ f74 54 Total `267.454.11 RECOMMENDATION Staff recommends approval. d a~i o a~i~ ~. 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Q ~ 'raj r (A (A ©~ ~ ~ ~ E C ) ~ ~ ' ~ ~ . ~ ~ C O C7 ~ (.~ X ~ ' d e - ~ ~ Q .... i.~ ~ '~ CL O O .~ l Q _ i ~ r N~M ~h~~IJ [Cf~~ c0'~ © r!N M ~Yi~CS ! ~~ ~ i ~ N N M I C7 M i c+7 [+7 c*7 M c+'3 M c0 `~" 'rf ~'~' ~1' ~ d' O ~ ~ ~'II ` ~ E `~""i i~IGZ 1 i ~ QD (~ C~ ~ O N ~ N ~ /U/~/~ 1~/! 4T ..L,. CQ C N O N d3 Ct ~_ U m Q f- f~ P ~.~" ~ INC. Civil end Hnvironinenial E'z~gineez~s March 3, 2008 1VIr. Timothy Tack, E.I. Project Manager - ESDICRA C][TY ®F DELRAY BEACH 434 S. Swinton Avenue Delray Beach, Florida 33444 City of Delray Beach-Project No. 2004-005 5W 2°~ Avenue Streetscapellnfrasiructure hnprovements ~~ exults (Rill #20118-0 Dear Mr. Tack: On rl~hursday, February 21, 2008, at 3:00 PM, bids were received by the City of Delray Beach for the SW 2°~ Avenue Streetscape/Infrastructure Improvements .Project. Two (2) bids were received as follows: 1!'ame of Bidder Amount of 13id l . West Construction, Inc. $267,454.11 2, Chaz Equipment Co., Inc. $379,018:75 The fallowing summarizes our Endings for the Iaw bidder: West Co>rzstrucfion Inc: ® Acknowledged Ad.denduzxa No..l. • Provided. Bic1..Bond (S%j. • Schedule of Bid. Prices was filled nut correctly. ~ Provided P-15 and P-16 of Questiomaaiz'e. Provided project list that shows they have completed dais type of utility work in the past. ® This company liar provided roadway and underground infrastructure utility work previo«sly for the City of Delray Beach, Company is based in Lake Wartla, Florida. Attached, please find bid tabulation far your reference. We have contacted references far West Co~astruction, Inc. and have received positive feedback. Mathews Consulting therefore recommends award. of the contract to West Coia.struction, Inc in the amount of ~267,4S4.I 1. .Mathews Cnrasulting, Inc. ~ .147.5 Cen.trepark 8nule51aad, Suite 25D • West Palrn Beach, ILL .3.3401 S6I-478-7961 a Fax 561-478-7901 wives. mathe}vscoiasultinginc. coat ~IIAT~~EWS ~C3NSUL,TING if you have any questions regarding the information presented above, Tease contact meat 56I-478-796I . Sincerely, MATHEWS C®N~IJLTING, INC. David L. Mathews, P.E. Vice President Enclosure ec: Randal Kxejcarek; Delray Beach. (w/ enclosure} Victor M:ajten.yi, Delray Beach (w/ enclosure} Aafael Ballestero, Delray Beach (w/ enclosure} MC File No. 1439 V ~~ ~~ ~~ (~~ v / Q Q Cn N U ~_ _~ C9 U a~ m L a~ 0 0 N ~_ C'7 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 10, 2008 SUBJECT: AGENDA ITEM 8.P.2 -REGULAR COMMISSION MEETING OF MARCH 18, 2008 CONTRACT AWARD/CHAZ EQUIPMENT COMPANY, INC. ITEM BEFORE COMMISSION Approve a contract award to Chaz Equipment Company, Inc. in the amount of $39,525.00 for the emergency repair of a deteriorated sanitary sewer manhole and connecting line segments on Bluebird Lane in the Country Manors community. Pricing is in accordance with an annual contract for "Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Storm Water Utility Systems" through the City of Boynton Beach. BACKGROUND Water/Sewer Network crews responded to a service call regarding a depression in the roadway at the intersection of Bluebird Lane and Country Manors Road during the week of March 3rd, 2008. Upon inspection and video taping of the sewer segments to/from the manhole, it was evident that the bottom of the manhole had deteriorated causing it to sink and the connecting sewer mains to collapse. The sewer main is 8" in diameter and is approximately 6 feet in depth. Chaz Equipment Co., Inc. provided a price quotation to perform the work on an emergency basis. Pricing is in accordance with an existing City of Boynton Beach annual contract for "Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Storm Water Utility Systems". That contract is active through September 2009. FUNDING SOURCE Funding is available from account #442-5178-536-63.51, Water and Sewer Renewal & Replacement Fund/ Sewer Mains in the total amount of $39,525.00. RECOMMENDATION Staff recommends award to Chaz Equipment Company, Inc. in the amount of $39,525 for the emergency repair of the sanitary sewer manhole in Country Manors. Mar, 7, 2008 9:23AM Chaz Equ I pme~~~ No. 290 a, 1 rY i . ~ ~a ~ .; r:;.. a . , 3'18{} F'AIRLANE FARMS RD WELLINGTON, FLORIdA 334'14 Phone {5B1) ss3-z~as ;1Fax (~Q~) s33-2~sa PfOE30S1~ Tv: Mr. Scott Solomon Date: March 7, 20b8 Cify of Delray Roach 434 S Swii~tvn Ave ~'~ ~, ~~~.~~,~ ~~ Delray Beach, FL 33444 Emergency Manhole F~eplacement a# Country Manors Sc^pe includes: Mobiliaa#ion, Removal and Disposal of PavmenU MH, ins#aliatian of 1 new 5snitary MN and repair of broken pipe outside of manhole; connec#inn of new pipe to existing pipe and Restoration to a °like or better' condition. Temporary access for vehicular traffics to be maintained by building tmproary rock acces in adjacent grass area around manhole. Scope for work is per attached Schedule A and as per on-site discussion with Scokt Salomon (Gity of Qelray Beach) and Mike Czajkowski {Chaz Equipment). Pricing is in accordance with Ciiy of 6oynton Beach Bid # 065-282T-Q71Jq #iiled "Repairs and Emergency Services for Water Qistributidn, Wastsv~atar Collection, and 8tarmwatsr Ufiliiy Systems" dated August 7, 2007. `S f y~:~~f~ f ~it ~_ y„~ _.; l ,. ~~. 1 <~_ ~. , Tnfaf Lump Sum Price $ 35,525.p0 Prices include; labor, equipment and materials to replace the existing rnanhoie wlnew manhois including Maintenance of Traffc, and restoration of aiiSturbed areas to like nr better condition. 2 Prices Exclude: Permits Cvmplettan Time: Work to be completed with 5 calend~r~days after issuance bf NAP By City Respacffully Sutami#ted by: Liar, 7. 200$ 9:23R(~ ~ C ~ r ~ _ E m~ ~ ~~~ ~ Eu ~ ~ ~ ~~ ~ ~ n~ W ~n~. yr /~ /1Y C r~. L Chat Equ'ipme~t It~a, 2904 P. 2 o a° ~ ~ °o Q ~ ~~ l N ~ L`E ~ ~ N hl N 4`S NY IA {A yq ya [" ~ 00 (y ~ ~ o G S7 O Q o O c:~ O o O o ~ p p O p O 6 o O CY o p cl O C] 4 o Q m N t~~i f~~f ~ r q ~ m r ~ r ~ r p~ p p 4 y 7 ~ p p g p O ~ y ~ p 4 ~( '~.J C'V ~ ~ M ~7 CO 00 F 69 b'~ f 6 ' v > e3 6s r~Y t~S SFr r~r ei f9 b) #9~ 63 ~ ~ ~ , ~ d ¢ U~ J J ~ ~ ~ ~ W d ~ l1J t ~~ ~ y ~ ~ ~ ~ .~ r ~ ~ E ~ ~ ~~ ~ t~ ~ m ~- ~' ~ IG ~ e a ~~ ~ e ~ C ~ ~ ~ O ~ ~ ` y~ ~ L [+~ ~ ~ G7 p ~ ~ N V1 a ~ ,cp ~ d .5 ~ ~ ~ ~ ~ a ~ ~' ~ m m W R ~ ~ C 6 J~~j W ~, L ~ ~ 'fi d q, W ' .G B ~ c~ d ~ ~ d N ~ ~ m_ ~ g ~ ~ ~ ~ s ~~/ ~ ~ dp ~ g o (!I / ~ 'Jl ~ ~ ~ 1 ~ T ~ Y F~ Q` C C C7 fD L6 4~ ~ S7 Q ~ O` ~O 9O T T T [ ~ 1 ~ . C ~ ~ ~ ~y r ~ Or .- f~ CO M ~y ru ~ T M Y d {-+ ~' ~ T T `~ T r `--`. tt3 ~° Near, 7. 2Q0$ 9.24A~ Cl~az Equipment ~~o, 2904 P. 3 ~~ c~°~~ ~ m~ G ^. ~ {f~ . ~ la4 c [+F Q 8 ~ a Q S o ++ ~ ~7 4] O ~ l ~ C7 ~ t Q] O 75 ry c r N 4V E9 S a v3 ~s3 kf3 FA ter Q ~ ~ Y r {CJ 4 O b C7 Q E l O €!'} L7 N p a cam- a O p Q m p p b N N r r~ t+r ~, ~ rfy 4Fi ~ ~ a ~ ~ ~ ~ ~ ~ ~ E ~ c 4 C N ~ ~ ' G e ~ ~ ~ W. a ~ ~ ~ a ~ ~ - ~ ~ ~ ~ ~ } g ~° $ s ~ ~ ~ .~ ~ ~ ~ 2 H ~ y ~ E E ~~} ~ ~ ~ ~ ~ ~ ~ a ;~ ~` `~ N ~ e ~ ~ ~ yy N N Ny ~ a ~ ~ ~ ~i iaG ~ y Q. U. V l Q Y~ W r ~ m 3 ~ ~ ~ lc[7y l[5 ~ C7 ~ f' r M 1jS~ 1C +O M tti M ~ ~ i M 4 Di i+Y C O W N 4 ti ~, a ~~ G~, 19~~ i,Ao COUNTRY ANORS ROAD w z a J LOCA OF RE 0 Q L A K E c r'ri D A D Q. O ~. 'U !~ Q m R 0 A D ~ CITY of DELRAY BEACH EMERGENCY SEWER REPAIR DATE:03/11 /2008 d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP cou~mr uu~a~s ~ocuar ~0P 434 80UiH BWNTON AVBVUE, DELRAY BEACH, ROFIDA 39444 2008-200 ~ O f MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: March 12, 2008 SUBJECT: AGENDA ITEM 8.P.3 -REGULAR COMMISSION MEETING OF MARCH 18, 2008 CONTRACT AWARD/HULETT ENVIRONMENTAL SERVICES/EXTERMINATION SERVICES FY 07-08 AND FY 08-09 ITEM BEFORE COMMISSION Approval to award a contract for exterminating services for FY 07-08 and FY08-09 to Hulett Environmental Services, the low responsive bidder, to provide termite inspections and treatment for households participating in the City's housing rehabilitation program. Request is contingent upon subsequent approval from Palm Beach County, Housing and Community Development. BACKGROUND As part of the housing rehab program, the Neighborhood Services Division addresses subterranean and dry-wood termite infestation that may be present in the households of program participants. Annually, the Division solicits prices from local exterminating companies. Attached is the bid tabulation sheet for Bid No. 2008-09 which was opened on March 12, 2008. The bid from Terminix International is deemed non-responsive due to not submitting the required addendum #1 and due to submitting the price for subterranean treatment for lineal feet rather than square feet. This request is for approval to award a contract for exterminating services to the lowest responsive bidder, Hulett Environmental Services for the following cost: Extermination Services I .Termite Insrecti~n Subterranean Treatment Cost `~0 X29.00 /per 1,000 cubic square feet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.35 /per square foot FUNDING SOURCE Disaster Relief Initiative / 118-1960-554-49.19 State Housing Initiative Partnership / 118-1924-554-49.19 Community Development Block Grant / 118-1963-554-49.19 RECOMMENDATION Staff recommends approval to award a contract for exterminating services for FY 07-08 and FY 08-09 to Hulett Environmental Services, the low responsive bidder, to provide termite inspections and treatment for households participating in the City's housing rehabilitation program. Request is contingent upon subsequent approval from Palm Beach County, Housing and Community Development. CITY OF DELRAY BEACH RFP 2008-29 EXTERMINATING SERVICES FOR NEIGHBORHOOD SERVICES March 12, 2008 Hulett Dues Services, Inc. Terminix Environmental d/b/a Qty. Vendor =_> International Services DSI Pest Control **Each single fami y dwe ling/unit approximately 1,200 sq. ft. 1 Termite Inspection $0.00 $0.00 $25.00 1 Fumigation Treatment $24.00 $29.00 $38.00 (Drywood Termites) Per 1,000 cubic feet Per 1,000 cubic feet Per 1,000 cubic feet 1 Subterranean Treatment $4.00 $0.35 $0.35 Per lineal ft. Per 1,000 sq. ft. cost Per 1,000 sq. ft. cost 1 Combine Treatment $28.00 $29.35 $38.35 TOTAL $28.00 $29.35 $63.35 (see note below) Additional Information Amount of advance notice require to schedule an inspection 1 1 1 in Delray Beach - Number of Days Average number of termite inspections/ treatments your company performs 100+ 250 40 per week (In Delray) Required Addendum #1 Submitted? NO YeS YeS Note: Total corrected due to miscalculation on bid form submitted by vendor; total submitted was $101.70 RFP 2008-29 TABULATION MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: March 13, 2008 SUBJECT: AGENDA ITEM 8.P.4 -REGULAR COMMISSION MEETING OF MARCH 18, 2008 CONTRACT AWARD/TIERRA CONSULTING GROUP/LEAD BASED PAINT TESTING SERVICES FY 2007 - 2008 AND FY 2008-2009 ITEM BEFORE COMMISSION Approval to award a contract for lead based paint testing services for FY 07-08 and FY08-09 to Tierra Consulting Group to provide lead based paint testing and/or risk assessments as needed for households built prior to 1978 participating in the City's housing rehabilitation program. Request is contingent upon subsequent approval from Palm Beach County, Housing and Community Development. BACKGROUND As part of the housing rehab program, the Neighborhood Services Division addresses potential lead based paint hazards that may be present in the households of program participants. Annually, the Division solicits prices from local lead based paint testing contractors. Attached is the bid tabulation sheet for Bid No. 2008-30 which was opened on March 12, 2008. This request is for approval to award a contract for lead based paint testing services to the lowest responsive bidder, Tierra Consulting Group as follows: Lead-Based Paint Services Cost 1. Lead-Based Paint Testing `205 per episode 2. Risk Asscssmcnt ~?0~ pcr cpiscxlc 3. Comhination of tcstin<~ and rill: asscssmcnt ~??5 °4. Clearance X30 per episode FUNDING SOURCE Disaster Relief Initiative / 118-1960-554-49.19 Community Development Block Grant / 118-1963-554-49.19 RECOMMENDATION Staff recommends approval to award a contract for lead based paint testing services for FY 07-08 and FY 08-09 to Tierra Consulting Group to provide lead based paint testing and/or risk assessments as needed for households built prior to 1978 participating in the City's housing rehabilitation program. Request is contingent upon subsequent approval from Palm Beach County, Housing and Community Development. w U_ _ ~ U uJ Q ~ w C7 ao COOZo Q ~ ~ N ~ O W N J O H ~ N D ~ z U 0 ~ W ~ H ~ U Q m 0 Q W J ~ U O O O O ~ ~ O O O O O w O O C v ~ ~ O O O O r f~ o .~ ~ ~ CO 0 O ~ > ~ ~ N ~ ~ c h ~ ~ ~ ER W ~ ~ C w O O O O O C O O O ~ y ~ •~ O O O O O ~ N E w v y O O O ~ (O ~ p p N 7 r r (~j ~ ~ Q ~ ~ ~ ~ ~ a 0 ~ 0 o N C w O O O O p O O ~ ~ O O O O ~ O ~ o w w o ~ ~ ~ N ~ ~ a d M O o U 3 ~ O N ff3 ff3 ff3 ff3 En ~ O 3 O Q EA ~ O m Q C Q N N Q N ~ N .~ LL ~ U C W O O 0 O n O N W L O ~ ~ ~ N r ,U ~ ~ O p p ~ ~ ~ ~ ~ N ~ ~ w `° H ~ 7 ~ v N ~ °- y w o a °o L(7 ~ ~ °o O O ~ °o L(7 ~ ~ °o L(7 N ~ ° Sri ~ ~ ~ o o O ~» N _ f6 W U C '> O O O O O m a w ~ ~ ~ N c O L(') N O L(7 ~ O 00 N O ~ N O Lf) o~0 O O cf? C N W W ~ ~ is Y w ~ U ~ a O O O L(') ~ cfT O O L(7 I~ ~ cfT O O L(7 CO N cfT O O O ao ~ cfT O O O ti 1~ ER O O O EA rn c ~ ~ ~ ~ N U ~ ~ ` Q 0 U O N AFT O N AFT O N AFT O OM O ~ O (00 E,R O FF3 w F J Z~ ~ ~ H n II L O ~ \~ / ~ ~ H N y ~ ~ ~ ~ N N fA ~ ~ O ~ C ~ U C L O ~ L .a fC Y y ~ ~ ~ N L J ~ U U O ~ ~, O Z r N M ~ ~ M I ~ r ~ I ~ N O M I ~ M r ~ 1 N ~ >. 'L U ~ O 0 ~. U to p ~ ~* N a '+~ a m f4 U ~ ~ U ~ ~ m m ~ ~ 0 U 3 0 O T Y ~ ~ t d N ~ _ ~ ~ ~ (6 N U ~ N N Q ~ O U ~ N m ~ N Q 0 0 o U- ~' ~ m rn ~ E ~ ~ ._ ~ Q Q ~ U Q a a o Z ~''> O ao ~ O Q O J N ~ ~ m LL Q MEMORANDUM TO: Mayor and City Commissioners FROM: Jim Schmitz, Deputy Director of Public Works THROUGH: David T. Harden, City Manager Richard C. Hasko P.E., Environmental Service Director DATE: March 11, 2008 SUBJECT: AGENDA ITEM 8.P.5 -REGULAR COMMISSION MEETING OF MARCH 18, 2008 CONTRACT AWARD/SHENANDOAH CONSTRUCTION ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $24,705.00 to Shenandoah Construction for stormwater maintenance as required by the City's National Pollutant Discharge Elimination System (NPDES) permit. BACKGROUND The scope of services includes cleaning various drainage pipes and structures, televising for leaks or infiltrations, and notifying the City of any needed repairs. This work is required in order to comply with maintenance requirements of the NPDES permit. The attached quote was obtained from Shenandoah Construction. Staff has tried unsuccessfully to obtain additional quotes, but received no responses from the extremely limited number of contractors offering these services. Staff also investigated piggy backing an existing contract between the Northern Palm Beach County Improvement District and Shenandoah (Contract #PRJ-509), but pricing from that contract for this scope of work results in a higher cost than the subject proposal. FUNDING SOURCE Funding is available from 448-5461-538-46.90 (Storm Water Utility Fund/Repair & Maintenance Service/Other Repair/Maintenance Cost) after budget transfer. RECOMMENDATION Staff recommends approval of a Contract Award in the amount of $24,705.00 to Shenandoah Construction for stormwater maintenance as required by the National Pollutant Discharge Elimination System (NPDES) permit. ©2/25~2b08 X9:29 `35~t9753718 SHEN~i~IL~CJAH PAGE ~21F2 ~~~~.~ C(~NS~~.UC:TI(7~ ~~5~ N.'i%I, XdFl~ Stiest ~ ~95~) 97S-0U9ty DATE: STREI~'T: CITY, STATE & Z11': P~S(7NE: ~'A~: Jt7B r~ocATZ~7N: AT'~N'~lt7N: l`~ntnpano $sac[t, FI, 33069 >~ax; ~~sa~~75-9718 PROPC~FSAI, ~~ says ~'ehx<zary 25, 2008 City of Delray beach 1t~4N`W 1stAvanuc Delray Beacb, k'T, 33444 (561}243-7345 (5G1) 243-7314 VB.riQ1i5 Locatzoz~s Hazald Eellinger ~e propose to furrtislz a cxew and all zaecesssxy egt~ipmezzt to 56 drainage structures, 459`lf at' l5 ", ~6' 1f ai' l8", 79fi' l£ of 24", 395` It' czf 30", 950' if of 36", 21' if of 40", 375' if of 42" an,d 34~' 1f raf 60" pipelines at tl~e abavc zzxezxtianed xob lacatian. This wank witi be performed at our following Dourly andJ`ar unit prices bispassl (at $225.00 k'er Truck Toad) 9 truck losd(s} ~2,g25A0 Jet Vac Tz~uclC (at $145.Q0 Iser Houz-} 9A hour{s} $13,450.(}0 Ptunp (st $145,00 Per pay) 9 day(s) X1,305.00 Support Tr~.aek (at $20.84 $er Hazzr) 4q hnur~s} $1,800.00 Telespectian Tnzcl4 {at $145.6(7 T'er Houx) 45 haur(s} ~b,525,Ot7 Total: $24,7gS,g0 NOTE: Ozke way travel tizrze for all hor3.rly vehicles listed aba^vc_ Ti~a~ea harar n~ixxirnum. 'Fh_rs propassi includes retnaval of all ltsrase ~tebris frazn the pipes snd/pr structures (exnludirA~ laazaxdrrczs waste}. l~nwever, w~e are xzot responsible for pralxlezzzs occurrir~ during or a~eT. cleaning due to pre-cxistzz?g condition, orzganal insta3latzon or design, `l'lzis proposal nzay be withdrawn if not accepted witliizz 30 days, Payment terms zzet 30 days. ,All material is Suarantecd to be as spcci~ed. A11 wazk to be oe+mpleted in a v;rr,zltzzzanlilce r~zsnz~er according to standszd practices, Price above is only az1 estizraate ai:' f~rreseezz conditzons. infbroseen cntrr3itityns cazx affect the azxznuaat of tune to complete the work, tixerefare inCZeasizz~ ar decreasiz~c estiaz~ta. All sgreerxaents are eazatzzz.gent upak stz~kes, accidents ar delays beynz~d our control. C~~~srner is tQ carry fire, t4zzzado and ntlrer rzecessa~ry insurance. Cur workers sre t'ully cavezed by Worklz~az~ s Carnpezzsation Yr~aurance. SIGNATUk~; dick Shupe F.iclt. ~Slzupc Bstzxzzatax 02I25l08 ACC~I~TANCE ~l? PR~?POS~ It ! SIGN ~ ~T~ lIu^.t Tkze above prices, speciftcstiazz arzd candltlan.s are satisfactory and are lzerehy accepted, You aze authorized to do the work as specified. SIGh~A'I'L?RE: CQMPAN'~' NR1vlE.: DATI/_ RBPRE~IIv"T,{#`I`IVE: TITT,~: MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: March 12, 2008 SUBJECT: AGENDA ITEM 8.P.6 -REGULAR COMMISSION MEETING OF MARCH 18, 2008 PURCHASE AWARD/FORT LAUDERDALE HARLEY DAMSON ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of three (3) 2008 Harley Davidson Road King Florida Highway Patrol (FLHP) motorcycles for the City of Delray Beach Police Department from Fort Lauderdale Harley Davidson in the amount of $58,800.00 per the Florida Sheriffs Association Contract #07-15-0827; Specification #ll. BACKGROUND The three (3) requested motorcycles are replacements for vehicles #1501, 1502 and 1503. With the purchase of the motorcycles, the City will be able to track the cost over the life of this equipment and potentially benefit from a high residual value at the time of replacement vs. leasing where is no return of investment at the end of a lease. Motorcycles and Required Optional Equipment Pricing (3) 2008 Harley Davidson Road King FLHP Motorcycles $14,250.00 each Two-Tone Paint 750.00 Anti-Lock Brakes 1,100.00 Dealer Custom Delray Spec LED Lighting and Other Optional Equipment 3,500.00 Total: $19,600.00 each Total Purchase: $58,800.00 FUNDING SOURCE Account Code: 501-3312-591-64.20Garage Fund /Vehicle Replacement RECOMMENDATION Purchasing and the Police Department recommend the purchase of three (3) 2008 Harley Davidson Road King FLHP replacement motorcycles with required optional equipment in the amount of $58,800.00 from Fort Lauderdale Harley Davidson per the Florida Sheriffs Association Contract #07- 15-0827; Specification #ll. ~, ~A ~- FLORIDA ~su~c~-ra~ air .~ COUNTIES AfI Abouk Ftarida FLORIDA SHERIFFS ASSOCIATTON, FLORIDA ASSOCTATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION POLICE MOTORCYCLE SPECIFICATION #11 2008 Harley Davidson Road King (FLHP} ~w _. .- :- ~~ ` ~~ ~- ao° The Harley Davidson Road King (FLHP) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification{s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $14,250.00 $14,250.00 $14,250.00 ~ $14,250.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific addldelete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle{s) you wish to order. NOTE: An official listing of all addldelete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional addldelete options other than those listed here may be available through the dealers, however, those ]fisted here must be honored by the dealers in your zone at the stated prices. Please refer to the "Overview of Awarded Specifscations" for vehicles which were low bid. All vehicles indicated with the are low bid for Bid 07-15-0827 -those indicated with ~ are low bid for Bid 06-14-0821 and 06-14-0821A. Bid Award Announcement (07-15-0827) 265 VEHICLE: DEALER: ZONE: BASF. PRICE: Order Code 91453-001 91448-001 53b31-041 53632-04 ~ 53634-041 53647-04 ~ 70672-04 ~ b7634-04 ~ 57638=041 b76S0-04 1 69251-04 t 91270-921 98990-021 93510-02 ~ 9351.1-021 KE-21 FG r SWE-1G51L t SWE-1M2A/L 1 MWH-31 ~ Electra Glide (FLHTP) Ft. Lauderdale Harley-Davidson Western $14,450.00 Electra Glide (FLHTP) Ft. Lauderdale Harley-Davidson Northern $14,450.00 Electra Glide (FLHTP) Ft. Lauderdale Haney-Davidson Central $14,450.00 Electra Glide (FLHTP) Ft. Lauderdale Harley-Davidson Southern $14,450.00 ?-dd Options All Zones Wlielen..eiectric siren, speaker aiid microphone. ~ ` $875A0:1 Police Microphone Kit ~ $175.00 Black pre-drilled Tour Pak for LEDs $1,400.00 White pre-drilled Tour Pak for LEDs $1,400.00 Tour Pak without Holes (Black} $750.001 Tour Pak without Hales (White) $750.00 ~ Ballast (for LEDs) $300.00 ~ LED Lights for Tour Pak (Red) ! $700.00 E LED Lights -for Taur:]?ak (Blue) ~ $700.00 LED Lights for Tour Pak (One red blue, ane red, one bluc) ~ ~ $700.00 E LED Engine Guard Lights (Real, Blue,.. or Rcd~Bluc j , . f . $540.001 Headlamp Cut Off Switch Saddlebag Mounted Fire Extinguisher Motorcycle First Aid Kit Sheriffs First Aid Kit Solid color paint (other than birch white or vivid black) Two-tone paint Anti-lock brakes Setcom helmet kit Setcom Liberator Wireless Microphone -connects to MIA-Coin portable radios Setcom Liberator Wireless .lvlicrophone -connects to Motorola JEDL series Setcom wireless transmitter 3=year Exfended Setvice .Contract $350.00 t $50.00 E NAB f I NAI $500.00 $750A0 ~ $1,100.00 $248-.001 E $885.00 G $885-.001 I $360.00 ~ $900.00 Bid Award Announcement (07-15-0$27) 2G8 @1 f 7.6! 2[08 17: 2^ 9544~Z 46c~7 POLICE: Fi~E i WAGE f~~ ti it {~ ~~ ;I 5} 1~ ~ 'E ~~ ..~ ~ .,!, Rt. Lauderdale klariey-Davidson is prepexrd to af'~`na- to ilsp Delray Beach Posies Dcpart3ncnt the follawil:Eg r~we~t palica ezraergerrcy equipment for xto total sutrt v£ '' • $3~OO.pp por bike which inGlttd+~ inslailation. This cost could, be diylde~ try 24 xnontlt4 ~ , ar~d edd~d ter the cost of efts >•naa>:iaty lea, payment. 1. Large H~Yisshiatda Police ilootortyclc bex vt~ith three I,ED rvcl161sx~ split lens I l Llgitrs (ta,n+~ on Celt sa<dt and one to the rear) with azt additioiaal red mar bzeke light and ~o ~velve volt pawar supplies (One moun.Led inside' the box and aztemounted outside thv bpx)• '~ ~. 7tuo round )'AR 36 LED liy~Zts tap ~'oaat (ana red and aaxe blue). ~ 3. Thzce TIR 3 LIED lights mvuntett oaz m y~ndshield snip 4'~o blue and aaXC I # >'ed in the middle. A,11. ]igtats to have eluorne flaaigas. I I ~ 4. 'Two TIR 3 ~.E]] lights (Qne acd and one blue) nwauate~ on ~ bracket i[aountad azx s~Ch bide of the fraa~t forks. Total of PnuC lights, t~av~ on each Side ~ . with alt 1lgh~s haviz~ charum~ flattgos, I ~ ~ 5. Whelen Siren asnpll~ler, spma.~sr, and rr;iarropha~a~e. ' I • p't. Lauderdale ]barley-Aavidson ~ pi~eparad m a£!'~ ttte fallowing fax the vrade~in of tltt I current pcslice mptut'cycles. The9e funds could be used towards the pu><ahase anew mdto:a~ayalaas, lei of mota:reycles, ar tr}'uv®rdg the cast of the emergettey equipzrrcnt. i r. 13g5 FLH'~'l'X I',3} ~2,sao.oo each 2. 2002 FLH.PI (.1) $5,.~ilil.bD oath. 3. 20fl3 FLHPI (!) ~f,5d0.00 each ~ i Ones a Mitt I would lilts to thou you £ar your considexstioaz a'eg~'eliit~ this pa-4posal. & ~ ~ EI l'lagse rro~teat me if you have a.[ay htnlsor questions. "I'hankia~g you itl gdvaatica, , ,, i i i. Berry T. xt~ly Managox, Poltca and Fleet dates i ~ Ft. Lauderdale Hsrrley-Davidson ,~ I I~ I 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: March 13, 2008 SUBJECT: AGENDA ITEM 8.P.7 -REGULAR COMMISSION MEETING OF MARCH 18, 2008 PURCHASE AWARD/HTE CLICK2GOVBUSINESS TAX RECEIPT SOFTWARE ITEM BEFORE COMMISSION City Commission approval of the purchase agreement between the City and HTE for the installation of the Click2Gov and Business Tax Receipts software, providing for aweb-based on-line enhanced level of customer services. The total cost of the Click2Gov and associated software is $35,310. BACKGROUND The City has approximately 7,200 business tax receipts that are renewed annually. Our current process is automated within the HTE software system, but requires months of staff time to process renewals and new license data into the computer. As of October 2007, the Business Tax Supervisor position was eliminated from the budget; thus, in order to maintain and enhance the level of service required under this function, the interactive web-based program is essential. Timing is also critical in that our goal is to have the system available for the next renewal season that begins July 1, 2008. This same software system will allow us to offer the same web-based services for landlord permit and alarm registration and renewals. The cost of the Core Module portion of the system is being split with Human Resources ($3,700 each) since they will be able to use the system for on-line employment application following an additional software purchase. The new software will enable citizens to complete routine tasks associated with the business tax receipt process via the City's web site using the SunGard HTE Click2Gov Business Licenses application. Citizens can search for tax receipts, renew receipts, pay for them and perform "what i~' scenarios to determine the impact of changes on a business tax receipt. The benefits include: Improved access to business tax receipt information by allowing citizens and business owner's real-time access to perform routine tasks over the Internet 24 hours a day, 7 days a week. Improve customer services by allowing citizens to receive information and transact business without waiting for staff assistance. Reduces the number of telephones calls and staff time spent on processing renewals, including data entry and research requests. FUNDING SOURCE Community Improvement: $31,610 - 001-2721-524-66.10 after budget transfer Human Resources: $3,700 - 001-1311-512-66.10 RECOMMENDATION Staff is recommending City Commission approval to enter into the required purchase agreement for the SunGard HTE C1ick2Gov and Business Tax Receipts program and software at a cost not to exceed $35,310. City of Delray Beach, FL (DEER) Investment Summary -Click2Gov February 28. 2008 Click2Gov Core Module (K1) $ 7,400.00 $ 3,250.00 $ 1,480.00 Click2Gov Licensing Module (K6) $ 10,950.00 $ 2,000.00 $ 2,190.00 OnePoint Core Module (KL) $ 3,350.00 $ 2,000.00 $ 670.00 VeriSign Digital Certificate $ 1,200.00 $ - $ - QRep Catalogs (K1, KL) - CJ $ 1,400.00 $ - $ 620.00 Totals $24,300.00 $7,250.00 $4,960.00 License Fees: $24,300.00 Customer Incentive: ($1,200.00) Installation Fees: $7,250.00 Annual Maintenance is due 120 days from Annual Maintenance Fees: $4,960.00 delivery of licensed programs and may be pro- rated to conincide with your Annual Maintenance Hardware Appliance TBD Total $35,310.00 Prepared by Tami Mansfield, Account Executive. a-Fax 954-364-8557 Payment Terms: 1. License fees and Hardware are due at contract execution date, signed quote or receipt of purchase order. 2. Installation Fees are due upon completion. 3. Annual Maintenance will be due 120 days from delivery of SunGard Public Sector licensed programs. 4. Travel, out of pocket and living expenses are not included in above pricing and will be invoiced as incurred. Notes: 1. It shall be the responsibility of the Customer to provide a web server to run the applicable Licensed Programs herein. 2. Customer shall be responsible for obtaining a valid registered domain name and IP address from an appropriate ISP service. 3. Core Module includes Weblogic for up to 2 CPU's. Additional processor $1,250 & $250 to the annual maintenance costs. 4. VeriSign requires an annual renewal of its Digital Encryption Module. 5. Pricing is for the application as-is. Any modifications or conversions will incur additional costs. 6. There is no testing and acceptance period. The SunGard Public Sector application warranty period is 120 days after the delivery date. 7. This quote constitutes a Supplement to the existing Software License and Services Agreement signed by SunGard Public Sector Inc. and Customer. Except as provided herein, all terms of the Agreement remain in full force and effect. 8. Licensed Programs may be used in machine-readable object code form only. Source Code is not provided. 9. Unless otherwise provided for herein, warranty, modification retrofit and maintenance offerings by SunGard Public Sector for its Licensed Program(s) do not apply to any third party hardware or third party software supplied under this Supplement. SunGard Public Sector does not make any warranties nor provide any source code for any non-SunGard Public Sector products unless otherwise provided herein. The return and refund policy of each individual third party hardware or third party software supplier shall prevail unless otherwise provided herein. 10. Additional hardware and/or third-party software may be required. For hardware specifications and information, please contact Shelly May at HTE VAR - smay@htevar.com or (772) 871-9125. 11. Applicable taxes are not included in the above fees and if applicable, will be added to the amount in the payment invoices. 12. Please indicate that your purchase order is per the terms and conditions of this proposal dated: February 28, 2008 Notes: I ii~ing teems and conditions in this quote /ill be hen~ned pro~idcd this quote is full, c~uted I,y March 28, :ity of Delray Beach, FL (DEER) 100 NW First Ave )elray Beach, FL 33444 Prepared by Tami Mansfield, Account Executive. a-Fax 954-364-8557 Source PB 02/01 /08 Page 1 of 1 SunGard Public Sector Inc., 1000 Business Center Drive, Lake Mary, FL 32746 Confidential MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: March 14, 2008 SUBJECT: AGENDA ITEM 8.P.8 -REGULAR COMMISSION MEETING OF MARCH 18, 2008 PURCHASE APPROVAL-FLEET MAINTENANCE REPLACEMENT/ADDITIONAL VEHICLES ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of twenty-one (21) 2008 replacement/additional cars, trucks, lawn mowers, utility vehicles and an asphalt roller for various departments. The vehicles are available from multiple vendors for a total cost of $360,408.00 including needed /required options and warranty, per Florida Sheriffs Association, Florida State and City of Ft. Pierce bid contract pricing. BACKGROUND A detailed vehicle listing is attached. Purchases will be made from the following dealers: Dealer Type ;Classic Chevrolet (7) ea ColoradoPickup :Classic Chevrolet (1) ea Chev. Impala - 'P~lice Package ;;Garber Chevrolet (3) ea ::Chev. Impala `Admin. Package ;Alan J ay Chevrolet (l)ea Chevy Cobalt ;Duval Ford (1) ea F-150 4x2 Pickup !Tr-i~ck Duval Ford (1) ea New F-250 4x2 Pickup iFleet Addition Truck Orville Beckford Ford (1) ':.Crown Victoria ea :Admin. Package Wesco Turf Supply (3) ea Toro 7200 Lawn Mower ,.Wesco Turf Supply (2) ea ':.Toro Workman `3100 Utility '::Vehicles :Ring Power Corp. (1) ea LeeBoy Asphalt ::.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !:Roller . : : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost Total Contract / No. X12.913. $90,391. FSA# 07-15-0827 X20,225 ' $20,225. :FSA# 07-15-0827 `17,310. X51,930.: FSA# 07-15-0827 `12.981. $12.981. FSA# 07-15-0827 `20,134.: $20,134.:: FSA# 06-14-0821 R~llwer `27,014. X27,017. FSA# 06-14-0821 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Rollover : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . `21,338 ` $21,338. :FSA# 07-15-0827 `~ 16,013. $48,039. FL State #S15-630-06-1 `14,314 ` X28,628 FL State #515-630-06-1 `39,725 $39,725. City of Ft.Pierce Bid #5769 Grand Total: $360,408.00 RECOMMENDATION Purchasing, Fleet and Parks & Recreation recommend the purchase of vehicles, lawn maintenance and road equipment as follows: one (1) vehicle from Alan Jay Chevrolet in the amount of $12,981, eight (8) vehicles from Classic Chevrolet in the amount of $110,616, two (2) vehicles from Duval Ford in the amount of $47,151., three (3) from Garber Chevrolet in the amount of $51,930, five (5) from Wesco Turf Supply an authorized dealer of Hector Turf in the amount of $76,667, one (1) from Orville Beckford in the amount of $21,338.00 and one (1) asphalt roller from Ring Power in the amount of $39,725, pricing per noted contracts and bids. Grand total for this purchase award - $360,408.00 ~ ~ O ~ O ~ ~ ~ C'') ~ 0 ~ ~ ~ L C I.~L ~ U O ~- ~~ L ~ ~ ~~ O ~ U ~ ~ h O (O h O O CO N O h h O O IC O ` O O O 0 0 0 0 0 0 0 0 O O O O O O O O O O O O ~ N ~~ O N 0 ~ 0 0 ~ N 0 N 0 N 0 ~ N O N ~ O O N N O N O N O N O O ~ ~ O N O ~ Q Q Q Q Q Q Q Q Q ~ d C V O O O O O V V V V V V O Y O O~ O ~ ~ O O O O O N N O N '~ Q a Q Q a Q a a Q Q Q Q Q ~~ Q ~ y f/1 U U U U U U U U N N N N N O O N , d O Q c6 Q c6 Q c6 Q c6 c6 Q Q c6 Q c6 Q c6 N Q~ N_ U N_ U N_ N_ U U N N N T T U ~ L _ _ O O O O O O O O O~ ~ ~ ~~ O O O - " U U U U U U U U LL ~ ~ ~~ ~ ~ ~ Q Q LL Q O O O. 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Harden, City Manager DATE: March 17, 2008 SUBJECT: AGENDA ITEM 8.Q.9 -REGULAR COMMISSION MEETING OF MARCH 18, 2008 HUMAN RESOURCES SOFTWARE PURCHASE - SUNGARD HTE ITEM BEFORE COMMISSION The item before the Commission is consideration of a purchase award to Sungard HTE in an amount not to exceed $55,000 for purchase, installation, and training for Human Resources software programs. BACKGROUND The purchase of an automated Human Resources Information System (HRIS) program and the HTE Employee Self Service program, will assist HR in providing more efficient reporting and in processing the flow of employee information. It will also allow City employees to view and amend their own demographic details on-line; and view their current earnings, tax information and benefits-related data, all on the web. The web access feature is available through the C1ick2Gov program on this agenda for approval with the Community Improvement Department's business tax receipt software purchase. This purchase is being added to the agenda because the City must agree to the purchase by the end of March in order to qualify for an additional price discount (expected to be $5,000). Maintenance fees for the software will be budgeted in FY 08-09. FUNDING SOURCE Funding is available from 001-1311-512-66.10 (General Fund -Software). RECOMMENDATION Staff recommends approval of a purchase award to Sunguard HTE in an amount not to exceed $55,000 for purchase, installation and training for an automated HRIS program and Employee Self Service program. Memo To: City Commission From: City Manager CC: Date: March 14, 2008 Re: Appeal of SPRAB Decision, Delray Mazda In my opinion, the LDR provision being applied in this instance was only intended to apply to outdoor displays of vehicles, not to how vehicles are displayed inside a dealership showroom. My opinion is based on my recollection of the practices the prohibition of elevated vehicles was written to prevent, and on the total context of Section 4.4.10(G)(5). Therefore, I believe the appeal should be granted. MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 13, 2008 SUBJECT: AGENDA ITEM 9.A. - Regular Commission Meeting OF March 18, 2008 Appeal of Site Plan Review and Appearance Board (SPRAB) Decision/Delray Mazda ITEM BEFORE COMMISSION Appeal of the SPRAB denial of a waiver request to LDR Section 4.4.10 (G)(5)(b) to allow an elevated vehicle display within the showroom of Delray Mazda. The subject property measures 1.9 acres and is located within the Automotive Commercial (AC) zoning district on the east side of SE 6~ (South Federal Highway) about 1,100' south of Linton Boulevard (2001 SE 6th Avenue). The Site Plan Review and Appearance Board's action was taken on February 27, 2008. The action was appealed on March 6, 2008 by Michael Weiner, agent for the proposed development. This appeal is being processed pursuant to LDR Section 2.4.7(E) Appeals. BACKGROUND The property is located within the Automotive Commercial (AC) zoning district. The site has experienced several site plan modifications, most recently a Class II that involved the demolition of a 1,285 square foot showroom area damaged by Hurricane Wilma, re-construction of a 1,178 square foot showroom area; and an additional vehicle service write-up area with canopy. This showroom area contains a two story glass display area visible from the right-of--way. These improvements were approved at the Site Plan Review and Appearance Board (SPRAB) meeting of September 13, 2006 and are currently under construction. At its meeting of February 27, 2008, the Site Plan Review and Appearance Board (SPRAB) considered a waiver request by the applicant to install an elevated vehicle display in the two story display area of the showroom. Pursuant to LDR Section 4.4.10 (G)(5)(b) no vehicle shall be elevated off the ground in any way. The Site Plan Review and Appearance Board denied the waiver request from LDR Section 4.4.10 (G)(5)(b) based on the following: • That the lighting illuminating the elevated display was not shielded and would point outward onto the street; creating a distraction for the passing motorist; • That there is a potential safety issue with respect to the vehicle itself creating a distraction, to those motorists traveling on Federal Highway; and • Concerns with the aesthetic impact of the display on neighborly properties. Michael Weiner, agent for the proposed development, has filed an appeal of the Board decision. The Board followed the established quasi judicial procedures in considering the project. The applicant and City Staff offered testimony which supported denial of the waiver request. There was not public testimony. Additional background information and full analysis of the proposal can be found in the attached SPRAB Board staff report, dated February 27, 2008. APPEAL ANALYSIS On March 6, 2008, the Site Plan Review and Appearance Board's action was appealed by Michael Weiner, agent for the proposed development. The proposed basis of the appeal is that the action taken by the Site Plan Review and Appearance Board was based on inappropriate interpretation of LDR Section 4.4.10(G)(5)(B). The applicant has submitted the attached letter dated March 6, 2008 in support of the appeal. The following is an excerpt from such letter: "The basis of the appeal is that (i) SPRAB failed to apply the ordinances of the City to the matter at hand correctly; and (ii) failed to rule in favor of the Appellant after the introduction of substantial competent law, the evidence which met the requirements for the relief sought. The ruling was contrary to the evidence and the testimony offered. The relief sought before the City Commission is a reversal of the action taken by SPRAB and the granting to the Appellant of the Class II Site Plan Modification that was previously presented to SPRAB at the meeting held on February 27, 2008. The relief sought is supported by two (2) alternative lines of reasoning, either one of which supports the position of the Appellant and must result in a vote in favor of the Class II Site Plan Modification. The reasoning is explained below. Proper Interpretation of the Section 4.410(G)(S)(B) of the LDRs Attached hereto as Exhibit "1 " is LDR Section 4.410(G)(S)(B). The ordinance clearly does not apply. The ordinance relates in its entirety to outdoor activity. Consistent with this statement is the fact that the ordinance refers to ground. "Attached hereto as Exhibit " 2 " is a copy of a Mercian-Webster On-line Dictionary with reference to the definition of ground. "You will notice that the most accepted definition of ground is "soil, earth. " There is nothing amongst its many definitions which makes it synonymous with or a replacement for the word `floor. " It is uncontroverted in the State of Florida that ordinances should be strictly construed. There can be no basis for inferring a word which was not placed within the ordinance. See, for example, Nash v. Fort Lauderdale Board of Adjustment, et al., 462 So.2d 88 (4th DCA 1985); and Miami Dade County, et al. v. Redland Estates, Inc. 964 So.2d 701 (3rd DCA 2006). This is especially true given the context of the outdoor activities described in this particular provision. Even if the ordinance were to apply, the elements of the waiver were established pursuant to Section 2.4.7(B) (S) of the LDRs . To support a waiver, Section 2.4.7(B)(S) of the LDRs requires that the governing body make a finding that granting a waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. This project meets or exceeds the requirement of Section 2.4.7(B)(S) of the LDRs for this waiver request. As to the first criteria, the building faces Federal Highway. The requested lift is completely shielded from the residential area referred to as "Tropic Isle" or any of the other properties to the east. Statements were made by the SPRAB members to the contrary; however, this is not factually correct and demonstrates that the findings were contrary to the evidence. This particular feature can only be seen from the area surrounded by Delray Lincoln Mercury and other automotive dealers specializing in various automotive makes. The feature has no adverse affect on the neighboring areas. As to the second criteria, the feature has nothing to do with public facilities and there is no diminution of public facilities. The second criteria just does not apply to this situation and cannot be a reason for denying the waiver. As to the third criteria, this was the only criteria that was debated. Members of SPRAB, who are professionals in various areas but not traffic engineers, commented upon the safety of this situation. However, attached as Exhibit "3" is the letter from Simmons & White demonstrating an unqualified opinion that a display such, inside of a building would have no affect whatsoever on safety. This opinion was completely disregarded at the hearing. Therefore, the uncontroverted evidence is that the feature does not create an unsafe situation. As to the fourth criteria, the granting of the waiver will not be a special privilege. There are already two story displays along Federal Highway. This includes the Delray Lincoln Mercury Dealership. Moreover, waivers for signage and similar matters have been granted to other automobile dealerships in the area. Certainly there is no special privilege granted to the Appellant when other waivers for other dealers with respect to dealership identification have been granted to them. In fact, to the contrary, it would be the denial of a privilege that has been offered to others if this request were to be turned down. Accordingly, all criteria have been met. " Pursuant to LDR Section 4.4.10(G) (5) (b), no vehicle shall be parked with its hood or trunk open, nor elevated off the ground in any way. The applicant has requested a waiver to LDR Section 4.4.10(G) (5) (b), to allow an elevated vehicle display area visible from the right-of--way within the showroom of Delray Mazda. At its meeting of September 13, 2006, the Site Plan Review and Appearance Board (SPRAB) approved the Class II Modification for Delray Mazda, which involved the re-construction of a 1,178 S.F. showroom area, while attaching as a condition of approval the removal of the car lift display element. The Board adamantly opposed the elevated display, with the understanding that it would deteriorate the aesthetics of neighboring developments. Discussion also focused on the display's potential to be a distraction to passing motorists. In addition, there are currently no automobile dealerships that provide an elevated car display area in or outside the building throughout the City. With respect to the applicants first argument relating to applicability of this LDR Section for indoor displays, while LDR Section 4.4.10 (G)(5)(b) does refer to some outside elements, it does not specifically limit its application to the outside components. These regulations in general were implemented to limit the garish advertising displays by auto-dealerships that were so prevalent prior to the enactment of the auto dealership regulations (flag, elevated hoods, etc.). Further, the applicant's notion that this elevated vehicle which is visible from the right of way will not create a distraction appears to be contrary to the goals of the advertising display. Common sense would suggest that the reason the car is elevated and visible from the R-O-W would be to attract the attention of the passing customer (motorist). The granting of this waiver will create an unsafe situation, and will negatively affect the aesthetics of the neighboring area. The granting of this waiver will also result in a special privilege in that the same waiver has not and would not be granted under similar circumstances on other properties for another applicant or owner. Based on the above, a positive finding cannot be made with respect to LDR Section 2.4.7(B) (5), Waiver Findings. RECOMMENDATION Uphold SPRAB's decision to deny the waiver request and the associated Class II site plan modification for Delray Mazda, based upon a finding that the Site Plan Review and Appearance Board, correctly considered the appropriate LDR sections in their deliberations of the Class II site plan modification and waiver request for Delray Mazda. Attachments: - SPRAB Staff Report and Appeal Letter IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPEAL OF 2/27/08 SPRAB DENIAL OF THE WAIVER REQUEST BY DELRAY MAZDA 1. This appeal of SPRAB's February 27, 2008 denial of the waiver request by Delray Mazda came before the City Commission on March 18, 2008. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the appeal of the waiver requested for Delray Mazda. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Elevated Vehicle Display: Section 4.4.10(G)(5)(b) provides that "no vehicle shall be parked with its hood or trunk open, nor elevated off the ground in any way. Vehicles shall not be parked in any right-of-way or driveway." The applicant has requested to allow an elevated vehicle display within the showroom of Delray Mazda. Should the applicant's appeal of the decision by SPRAB denying the Applicant's waiver request for an elevated vehicle display within the showroom of Delray Mazda be granted? Yes No 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves denies the waiver request subject to the conditions set forth herein and hereby adopts this Order this 18th day of March, 2008, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 DELRAY BFACN Atl~ .~~~~ 1493 2001 ^z ~ M _- ~~'~ SITE PLAN REVIEW AND APPEARANCE BOARD '"" MEM~RANDUM'STAFF REPORT Applicant: Weiner & Aronson Project Name: Delray Mazda Project Location: 2001 South Federal Highway bELMY BFACH ,~~.~ T993 zoos THE 1TEM B~FCRE THE BOARD: -- The item before the Board is that of approval of the following aspects of a Class fl Site Plan Modification far Delray Mazda, pursuant to LDR Section 2.4.5(G}(1 }(a): ^ ]nstallation of an interior car lift display ^ Waiver request The subject property is located on the east side of South Federal Highway approximately 1100' south of Linton Boulevard (2001 South Federal Highway}. BACKGROUND The subject property consists of Lots 15 through 28, inclusive, Lot 30, and that parcel designated as "parking area", all in Tract B of Gateway Shopping Center, recorded in Plat Book 25 at Page 76. The property is located within the Automotive Commercial (AC} zoning district and contains a 21,683 S.F. two-story building that was constructed in 1981. The site has experienced several site plan modifications, most recently a Class II that involved the demolition of a 1,285 S.1=. showroom area damaged by Hurricane Wilma, re-construction of a 1,178 S.F. showroom area; and an additional vehicle service write-up area with canopy. The item was approved at the September 13, 2006 Site Plan Review and Appearance Board (SPRAB) meeting. Now before the. Board is a Class II site plan modification associated with a waiver request to install a car lift display. PROJE'CT,_DfSCRIPTIQN The development proposal incorporates the following: The installation of a car lift display in the interior showroom of the Delray Mazda automobile dealership. Waiver request SPRAB Staff Repor# Delray- Class II Site Plan Modifrcatian Page 2 ~~ ~ ~ R ~REQUES~~&;A N A B ~~ S I S W-AIUE Use and_O__perati,nq Restri'ctiions: Pursuant to LDR Section 4.4.10(G} (5) (b}, no vehicle shall be parked with its hood or trunk open, nor elevated off the ground in any way. The applicant has requested a waiver to LDR Section 4.4.10(G) (5) (b), to allow the installation of a transparent display area, with a vehicle lift, within the showroom of Delray Mazda. At its meeting of September 13, 2006, the Site Plan Review and Appearance Board {SPRAB) approved the Class II Modification for Delray Mazda, which involved the re-construction of a 1,178 S.F. showroom area, while._attaching as a condition of approval the removal of the car lift display. The Board adamantly opposed the elevated display, with the feeling that it would deteriorate the aesthetics of neighboring dealerships. The applicant's current proposal is to install a two vehicle display located within the building. It consists of a glass enclosed lift within the showroom which takes a vehicle approximately 12 feet up above the ground, thus, allowing the vehicle to be visible from both inside -the showroom and from the highway. According to the applicant, the elevated vehicle display offers prospective consumers a unique view of the vehicle`s undercarriage by walking below the raised vehicle within the showroom. The applicant has submitted the following narrative in support of the waiver: "...Although we do not believe that a showroom is fhe "ground" as considered by the LDR's, Cify staff has requested a waiver. Since if is critical that our client be able to lift a vehicle inside a showroom, a waiver to this LDR requirement is being submitted. Nonetheless, we reserve a!! righfs as to whether a waiver is in fact necessary." `The Mazda Retail Revolution ("MRR' is Mazda's recent sfrafegic marketing plan. One of the critical components of Mazda's new MRR concept is fhe "Jewel Box." The Jewel Box is a two vehicle display inside the dealership and is a critical element of MRR. The Jewel Bax is an unobfrusive lift enclosed wifhin fhe building which fakes a vehicle approximately 12-feet up above the floor (not the ground). Once inside the showroom, the Jewel Box offers prospective cusfomers a unique view of fhe vehicle's undercarriage, something dealers of most other car brands simply cannot provide. Al! .these design elements which are part of the MRR, including the Jewel Box, are meant fo give greater disclosure to the consumer. The undercarriage demonsfrafes fhe mechanical components most associated with safety and fuel economy. These are the aspects which are most important to today's car buying public." Pursuant to LDR Section 2.4.7(8) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; SPRAB Staff Report t]elray- Class ii Site Plan Modification Page 3 {c} Shall not create an unsafe situation; or, (d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. It appears the waiver request can potentially create a hazardous situation as it relates to a distraction by passing motorists. In addition, there are currently no automobile dealerships that provide an elevated car display area in or outside the building. The granting of this waiver will create an unsafe situation, will significantly diminish the provision of public facilities, andlor adversely affect the neighboring area. The granting of this waiver will also result in a special privilege in that the same waiver has not and will not be granted under similar circumstances on other properties for another applicant or owner. Based on the above, a positive finding cannot be made with respect to LDR Section 2.4.7(6) (5), Waiver Findings. STAFF RECOMMENDATIQN Move denial of the Waiver request and the associated Class II site plan modification for Delray Mazda, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsisfenf with and does not meet the criteria set forth in Section 2.4.7 (B}{5) of the Land Developmen# Regulations. Stai# report preparers by: Michael Vinci, Assistant Planner Attachments: • Site Plan • Waiver request WEINER, ARONSON & MANKOFF, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561} 265-2666 Telecapier: (561) 272-6831 E-mail: mweiner@zonelaw.cam ~~~~~~' D ~ ~~~ a ~ zoa~ ~ ~ PLANNING & ZOl~li`1G MICHAEL S. WEINER KERRY D. SAFiER CAROLS J. ARONSON STEPHEN B. GEBELOFF JASON S. MANKOFF March 6, 2DD8 Ms. Chevelle Nubin, City Clerk City of Delray Beach 1 OD NW 15' Avenue Delray Beach, Florida 33444 Re: Appeal of SPRAB's Decision on Delray Mazda Our File No.: MEM0002 Dear Chevelle: Via Hand Delivery This letter is an appeal pursuant to Section 2.4.7(E) of the City of Delray Beach Land Development Regulations ("LDRs"). This is an appeal of a board decision_ Pursuant to Section 2.4.7(E)(2) of`: the LDRs, this appeal is being made by Weiner, Aronson & Mankoff, P.A., counsel for the aggrieved party, Florida, Mag Enterprises, lnc., the owner of the property and the applicant ("Appellant"). This appeal is being made in writing and directed to the Delray Beach City Clerk. The fee in the amount of Three Hundred Twenty Five Dollars {$325.00) is enclosed. The action being appealed is the decision made by the Site Plan Review and Appearance Board ("SPRAB") on February 27, 2DD8. The basis of the appeal and the relief being sought are discussed further below. The Appellant's interest is that the Appellant is the owner of the property and the applicant who has delivered a Class II Site Plan Modification Application and related waiver to "the City of Delray Beach ("City") for processing. The basis of the appeal is that (i) SPRAB failed to apply the ordinances of the City to the matter at hand correctly; and (ii}.failed to rule'in favor of-the Appellant after the introduction of substantial competent law, the evidence which met the requirements for the relief sought. The ruling was contrary to the evidence and the testimony offered. The relief sought before the City Commission is a reversal of the action taken by SPRAB and the granting to the Appellant of the Class 11 Site Plan Modification that was previously presented to SPRAB a# the meeting held on February 27, 2D08. A Class 11 Site Plan Modification was timely submitted to the Planning and Zoning Department of the City of Delray Beach, Florida (the "Staff'). As a result of comments from the Staff, the Appellant .was requested to submit a waiver pursuant to Section 2.4.7(B}(2) of the LDRs with respect to a waiver t=ar an interior lift of an automobile allowing an automobile to be lifted approximately twelve (12') feet above the floor of the showroom. The reason that Staff requested such a waiver was that the Staff believed that a waiver was required pursuant to O:IMEM0002V1ppeal.doc City Clerk March 6, 2008 PagE 2 of 3 Section 4.4.10{G}(5){B) of the LDRs which does not allow a vehicle to be elevated off the rg ound. In accommodation of the request of the Staff, and with the full reservation of all rights, a request for such waiver was made on January 31, 2008. The Class l! Site Plan Modification and the waiver were heard before SPRAB on February 27, 2008. The tinravier was denied after two {2) votes by SPRAB. The first vote by SPRAB (which was only six (S) members as a result of an absence} was three (3} Votes to three (3) votes approving the waiver with two (2} conditions, namely that the lift be painted a different color (black or white) and that proper pho#ometric standards be applied. SPRAB was informed by the City Attorney that a tie vote was the same as no action and so a new motion was made without any conditions and that motion for approval was defeated. Therefore, the appeal is before you today. The relief sought is supported by two (2) alternative lines of reasoning, either one of which supports the position of the Appellant and must result in a votetn favor of the Class II Site Plan Modification. The reasoning is explained be]ow. Proper Interpretation of the Section 4.4.10(G}(5)(B} of the LDRs Attached hereto as Exhibit "1" is LDR Section 4.4.10{G}(5){B). The ordinance clearly does not apply. The ordrnance relates in its entirety to outdoor activity. Consistent with this statement is the fact that the ordinance refers to "ground." Attached hereto as Exhibit "2" is a copy of a Merrian-Webster On-line Dictionary with reference to the definition of "ground." You will notice that the mast accepted definition of ground is "soil, earth." Tlhere is nothing amongst its many definitions- which makes it synonymous with or a replacement far the word "floor." It is uncontroverted in the State of Florida that ordinances should be strictly construed. There can be no basis for inferring a ward which was not placed within the ordinance. See, for example, Nash v. Fort Lauderdale Board of Adiustmertt,_et all 462 So.2d 88 {4'~' DCA 1985); and Miami Dade County, et al. v. Redland Estates Inc.. 964 So.2d 701 {3`~ DCA 2®06). This is especially true given the context of the outdoor activities described in this particular provision. I I. Even if the ordinance were to a ] the elements of the waiver were established ursuant to Section 2.4.7 B 5 of the LDRs. To support a waiver, Section 2.4.7(6}{5) of the LDRs requires that the governing body make a finding that granting a waiver: {a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. This project meets or exceeds the requirement of Section 2.4.7(6)(5) of the LDRs far this waiver request. As to the first criteria, the building faces 1*ederal Highway. The requested lift is completely shielded from the residential area referred to as "Tropic Isle" or any of the other properties to the east. Statements were made by the SPRAB mero~bers to the contrary; however, this is not factually correct and demonstrates that the findings were contrary to the evidence. This particular feature can only be seen from the area surrounded by Delray Lincoln Mercury and other automotive dealers specializing in various automotive makes, The feature has no adverse affect on the neighboring areas. 0:1MEM00021Appeaf.doc City Clerk March 6, 2008 Page 3 of 3 As to the second criteria, the feature has nothing to do with public facilities and there is no diminution of public facilities. The second criteria just does not apply to #his situation and cannot be a reason for denying the waiver. As to tale third criteria, this was the only criteria that was debated. Members of SPRAB, who are professionals in various areas but not traffic engineers, commented upon the safety of this situation. However, attached as Exhibit "3" is the letter from Simmons & White demonstrating an unqualified opinion that a display such, inside of a building would have no affect whatsoever on safety. This opinion was completely disregarded at the hearing. Therefore, the uncontroverted evidence is that the feature does not create an unsafe situation. As #o the fourth criteria, the granting of the waiver will not be a special privilege. There are already #wo story displays along Federal Highway. This includes the Delray Lincoln Mercury Dealership. Moreover, waivers for signage and similar matters have been granted to other automobile dealerships in the area. Certainty there is no special privilege granted to the Appellant when other waivers for other dealers with respect to dealership identification have been granted to them. In fact, to the contrary, it would be the denial of a privilege that has been offered to others if this request were #o be turned down. Accordingly, all criteria have been met. We reserve the right to provide further evidence in ,support of this appeal at or prior to the City Commission hearing. In connection with this statement, we draw your attention to Section 2.4.7(1=} that an appeal shall be conducted as a new evidentiary hearing via de novo review. Please advise me of the date upon which this appeal will be heard before the City Commission. Tha ~oury, much for your assistance in this matter. ,t ~,- Very tr y y r~, ' 4y f .. Mic a t ~ .Weiner ,/ MSW:alv:vf r~ Enclosures cc: Mr. Paul Doming (via hand delivery wl enclosures) Susan Ruby, Esquire {via hand delivery wl enclosures) Mr. Michael Greico (w/ enclosures) Ms. Jessica Sero#a (wl enclosures) Jason S. Mankoff, Esquire (w/enclosure) Ms. Ashlee l_. Vargo (wl enclosures) p~1MEM00021Appeal.doc SECTION 4.4.10 Section 4.4.70 Automotive Commercial (AC) District: (A) Purpose and Intent: The Automotive Commercial {AC) District has been created to provide specific regulations for this class of use and related uses when those related uses are not located within Commerce or Industrial Districts; and to further Objective A-2 of the Land Use Element. (B) Princi all Uses and Structures Permitted: The following uses are allowed within the AC District each as a separate and distinct permitted use: (~) Full service automotive dealerships. (2) The sale, lease, or rental of automobiles. (3) The safe, lease, or rental of boats. (4) The safe, (ease, or rental of recreational vehicles. (5) The sale, lease, or rental of trucks. (6) The sale, lease, or rental of motorcycles. (7} Retail and wholesale sales of vehicular parts, equipment, and accessories without on-site installation. (8} The safe of new utility trailers. However, trailers in excess of 24 feet in length may not be stored on the premises. [Amd. Ord. 54-96 7IT197] (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, a use as specified: (1} Principal use: Full-service automotive dealerships may also have the following accessory uses: (a) Painf and body shops (b} Repair shops and garages (c) Limousine service (d) Towing service {2) Principal use: Sale, lease, or rental of used cars, trucks, and recreational vehicles may also have the following accessory uses: 4.4 - 41 SECTION 4.4.10 {C} {2) {a) (a) Vehicle preparation area (3) Ail uses may have the following accessory uses: {a} Parking lots for customers, employees, temporary storage of vehicles awaiting repair, and for the display of vehicles (b) Refuse and deliverylloading areas (c) Storage of inventory either within the same structure in which the safe of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site {D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the AC District; (1) Bus terminals (2) Taxi stands, taxi terminals, or taxi dispatch facility at which more than one taxi may be located at the same time (3} Limousine service (4) Wash establishments for vehicles (5) Gasoline and Service Stations (6) Specialized Service Shops e.g., muffler shops, brake shops, fire shops, lubrication and oil change, window tinting, detailing (7) Full service vehicle repair {8) Commercial parking lots, so long as such lots are secondary to an existing legal conforming use, and such lots are developed and maintained in accordance with Section 4.6.9 of the City's Land Development Regulations. jamd. Ord. 55-91 911191] (E) Review and Approval Process: {1) All principal uses, and accessory uses thereto shall be allowed upon approval by the Site Plan Review and Appearance Board pursuant to provisions of Section 2.4.5(F), 2.4.5(H), and 2.4.5(1). (2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). 4.4 - 42 SECTION 4.4.10 (F) (F) Devefo~ment Standards: (1) The development standards as set forth in Section 4.3.4 shall apply. {2} In addition, the sale, lease, or rental of automobiles, boats, recreational vehicles, or trucks shall be conducted on a lot which has the following dimensions and area: (a) Minimum frontage of 125' (b} Minimum width of 125' {c) Minimum depth of 200' (d) Minimum area of 1.5 acres The foregoing may be waived for sites where a use, as listed above, had been legally established and continues in a nonconforming state or for the expansion of such a site where it is sufficiently demonstrated that it is not physically possible to achieve, or it is not feasible to assemble additional lands to achieve. ]n any event, the area established for such use must be comprised of a single lot, or a combination of lots which abut one another, except if separated by an alley but not by a street. (3) _No_rth Federal. Hiighway Area: The following development standard shall apply to parcels which have frontage on North Federal Highway ar the North Federal Highway one-way pairs {N.E. 5t" Avenue and N.E. 6t" Avenue) between N.E. 4f" Street and the north City limits. [Amd. Ord. 17-99 6115199] (a) Parcels shalt have a minimum front building setback of five feet (5'} measured from the ultimate right-of-way line. The maximum setback shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. jAmd. Ord. 17-99 6115199] {G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added to herein. (1) Outside Display: Outside display areas for sale, lease, or rental of vehicles shall be designed as follows: (a) Such areas must be separated from all adjacent streets, asphalt, or vehicular use areas by a hedge or berm at least three feet high and trees planted at least 40 feet on center. However, the hedge may be planted at such. a location that at feast 24 inches of the hedge is above the finished grade of the adjacent parking area. 4.4 - 43 SECTION 4.4.10 (G) (1) fib} (b) Such areas must be separated from all residential zoning districts, whether or not separated by a street or alley, by a six-foot high, solid masonry wall with decorative finished surfaces {e.g., stuccoed and capped) on both sides. Where the display area is separated from residential zoning districts by an arterial or collector right-of-way, or under other singular circumstance, the wall may be waived by the Site Plan Review and Appearance Board concurrent with site plan approval action. [Amd.Ord.29-93 4193193] {c) The depth of the landscape strip between the car display and the ultimate right-of-way shall be as provided in Section 4.3,4(H)(6). (1) As a alternative to the special landscape setback provisions in Section 4.3.4{H)(6), for lots with a depth in excess of 250 feet, the outdoor display area may be allowed to encroach into the required landscaped setback up to 50%, so as to form a scalloped effect. However, the total amount of green space required along. the right- of-way may not be reduced. in no case may the car display area encroach closer than ten feet to the ultimate right-of-way. (2) Further, the Site Plan Review and Appearance Board may waive or reduce the special landscape. setback provision on existing sites or for additions to existing sites where it can be demonstrated that i# is not feasible to comply due to physical constraints on the site. [Amd.Ord.29-93 4113193] (d) if the outdoor display area is located adjacent to any other stree#, or adjacent to an alley which separates it from a residential zoning district, then the display area shall not be located closer than ten feet from the adjacent separator. This ten-foot setback shall be required to be landscaped and the six-foofi wall as required in division (G)(1)(b) above may be permitted within five feet of the separator with trees planted 25 feet on center inside the wall. (e) If the outdoor display area is located adjacent to nonresidential zoning, a landscape strip with a minimum width of five feet shall be required. (f) The outdoor display area shall be designed and constructed in accordance with Section 4.6.9(D). However, establishments which sell or lease at least 50% of their stock as compact cars, may design up to 50% of their outdoor display area in accordance with the compact parking design criteria. 4.4 - 44 SECTION 4.4.7 (Gj (2) (2) Bullpen Areas: (a) Vehicles may be stored on an approved parking surface without reference to parking stalls, stall striping, or wheel stops. This type of parking, called bullpen parking, shall be allowed only pursuant to a site plan which is prepared and approved based upon the following: Wherever reasonably possible as determined by the Planning and Zoning Board, bullpen areas shall be separated from a street by an outdoor display area, customer or employee parking area, or a building. Where not reasonable, the landscaping and separation requirements of Subsection (G)(1)(b) shall apply. landscaping strips and landscaped islands internal to the bullpen parking area are not required; however, the 1 Q% interior landscaping requirement shall be met by transferring the required landscaping to the perimeter of the site andlor bullpen area. The transferred landscaped areas shall be designed and located so as to mitigate and buffer the impact of the aggregated car storage area. (b) Bullpen parking shall not be counted toward meeting the parking requirements established in Section 4.6.9. (c) A bullpen parking arrangement may also be used for an employee parking area provided that it complies with the provisions of Subsection {G){2)(a) and is in conjunction with a full service new car automobile dealership. Employee parking provided in a bullpen arrangement may count toward meeting employee parking requirements. (3) Customer and _Employee ,,Parki,nq Areas: shall be provided in accordance with Section 4.6.9(C)(3)(f). ~••°~~•__ (4} Locationa! Restrictions: (a} Repair facilities and paint and body shops shat! be iacated at least 1 QO feet from any residentially-zoned lot. Service bay doors shall not be oriented toward any adjacent residentially-zoned property, except where currently existing, nor oriented toward any adjacent public street unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply. [Amd. Ord. 29-93 4!73193] 4,4 - 45 SECTION 4.4.10 {G} (4) (b) {b) Accessory fuel pump islands and automated wash facilities for vehicles shall not be located within 100 feet of any residentially-zoned property. Wash facilities shall be located within a completely enclosed building. Fuel pump islands, shall be located within an enclosed area so that they are not visible off premises. (5) Use and Operating Restrictions: {a) Except for automobiles, trucks, pickup trucks, vans, jeeps, motorcycle and recreation vehicles, na other outdoor sales or display of any materials, products, or goods shall be permitted. Na industrial equipment shat[ be sold, leased, rented, or otherwise stored within the AC District. However, wherever reasonably passible as determined by the City, trucks other than pickup trucks, vans, and jeeps shall be displayed in areas which are separated from a street by an outdoor display area far other permitted vehicles, customer or employee parking areas, or buildings. (b) No vehicle shall be parked with its hood or trunk open, nor elevated off the ground in any way. Vehicles shall not be parked in any right-of-way or driveway. {c) Other than information which is required by law to be pasted on vehicles displayed on a sticker affixed to a side window, advertising, flags, pennants, streamers, balloons, signs or vehicle stock numbers shall not be displayed on any vehicle or equipment. Similar objects, gimmicks, or advertising designed to attract the public's attention shall not be displayed outdoors on any lot, building, vehicle, or equipment except as permitted by Section 4.6.7. [Amd. Ord, 45-95 915195] (d) Except for existing areas designated for off-loading, any areas designated far the off-loading of vehicles or for loading and deliveries shall be located to the rear of buildings and shall be located so as to contain noise on-site. These areas shall not be located closer than 100 feet from any residentially- zoned lot, and shall be appropriately designated, marked, and signed. (e) Dealers are prohibited from using residential streets for the testing of vehicles after servicing and far the demonstration of vehicles. [Amd. Ord.2-92 02119192] (6) Lighting Restrictions: Exterior fighting fixtures shall not exceed 25 feet in heigh#; shall be directed away from adjacent properties; shall be a sharp cutoff, luminary; shall confine light to the site only; and shall not exceed when measured at ten feet inside any property line, the following illumination: 4.4 - 46 SECTION 4.4.9 (G) (6) {a) (a) 100 foot-candles within display areas (b) 40 foot-candles within al] other areas (c} after 11:00 p.m., the illumination in display areas shall be reduced to 50 foot-candles (H) S ecial Re ulations: (1) Compliance Upon Establishment of Use: The standards and supplemental regulations of this Section 4.4.10 shall apply upon the establishment of any new use or conversion to a different use as specifically identified in subsections (B} or (D). (2) Compliance Upon Expansion of Area: When there is not a change of use, but there is an expansion of area devoted to any use and such expansion involves an increase in use area of 30%, or greater, in a cumulative amount, than that which existed as of April 14, 1987, the entire site shall be brought into compliance with the standards and supplemental regulations of this Section. !f such expansion is less than 30%, the standards and design portions of the supplemental regulations shall apply only to that portion of the site which is being improved. (3) Compliance upon Expansion of Building Area: When there is not a change of use, but there is an expansion of building area and such expansion involves an increase in total floor area of 30%, or greater, in a cumulative amount, than that which existed as of April 14, 1987, the entire site shall be brought into compliance with the standards and supplemental regulations of this Section. !f such expansion is less than 30%, the standards and design portions of the supplemental regulations shall apply only to that portion of the site which is adjacent to and required to be improved to comply with landscape and parking requirements made necessary by the addition. This provision for total site upgrading may be waived by the Site Plan Review and Appearance Board in instances where because of the small size of the structure in relationship fo the totality of the site, the upgrade is infeasible or impractical. [Amd. Ord. 29-93 4!'13193] (4) Com fiance with O eratin and Use Procedures: Notwithstanding the previous, provisions of Subsection (G}(5} shall be complied with by all uses whether preexisting or not. 4.4 - 47 SECTION 4.4.'10 (H) (5} (5) Relief from Open Space Requirements: Whenever- the requirement to bring an existing site into full compliance triggers a requirement to increase the percentage of open space pursuant to the provisions of Section 4.3.4(K}, a reduction of that requirement may be approved by the Site Plan Review and Appearance Board; however, in no instance shall the percentage be reduced below the existing percentage of open space. Concurrent with granting a reduction, the Board must find that such reduction does not diminish the practical application of the requirement, particularly as it relates to the perimeter of the site. [Amd. Ord. 3-95 1117195] 4.4 - 48 ground -Definition from the Merriam-Webster Online Dictionary Page l of 2 ~ .esrw:nru~w...rFn.mmm._:....<ae.vxar,wn~a~.n.a.u..acurwow.eavr.vu+oew:w,..sm s~we»..=.v.,m.m-sa.,m~,3a~a~,.~~a.~.~~„+o+~~-~*,~,.~,o.m.~a,: ~ ;€°~ ~'pR" FIVE GREAT MAZGAS. Hurry in by March 31St Mernam- ,,~~s;~r4Y UNE GREAT EVENT. 3 is '~ Also Visit: I Una6r'sdgad I Encyclopedia Britannlca I Visual ~ E5L~ I Learners for Kids: I Spell n[ C~i7 I Wnrd Central d~1 i , r-`~~ - I '~°' Dlctlanary ~ ' Thesaunra '~.-' 5paniahlEnglish '~.--' Medical Hume Visit Our Sites Premium Services Qownloads Word a3 the Day Ward Games Open Dictionary Spelling Bee Hive Word far the Wisa Onli€te Stare Help About t!s ground lintries 1 Eo l0 of 52. [Vext.lo: graund[2,verb] ground[3] ' grind[],verb] brcak[l,verb] breeding ground common ground cover[l,verb] down[l,adverb] dumping ground i Main Entry: tground fir) Pronunciation: 1'gratindl Function: noun ;Usage: often attributive Etymology: Middle English, from Old English grund; akin to Old High German ~ gruntgrvund ~ Date: before 12th century j 9 a :the bottom of a 6vdy of water b plural (1) : SEif,L]AENT. l {2) :ground coffee beans after brewing 2 a : a basis for belief, action, or argument <ground far complaint> -often used in plural <sufficient grounds for divorce> b {1) : a fundamental logical condition ~ . (2) : a basic metaphysical cause ~ 3 a : a surrounding area : BnCxGttOUivD b : materiaE that serves as a substratum 4 a ;the surface of the earth b : an area used for a particular purpose <the parade grouna'~ <fishing grounds> c plural :the area around and belonging to a house or other building d : an area to be won or defended in or as sf in battle e : an area of knowledge or special interest <covered a lot of ground in his lecture> 5 a : SAIL, 1H=a7?TH b : a special soil ~ 6 a : an object that makes an electrical connection with the earth 6 : a large conducting body (as the earth) used as a common return far an electric circuit and i as an arbitrary zero of potential C :electric connection with a ground 7 : a football offense ut'siizing primarily running prays -from the ground up 1 : entirely new or afresh 'I 2 : from top tD bottom : T'ftOROUGFILY I --~- into the ground :beyond what is necessary or tolerable : to exhaustion <labored an issue into the ground- Newslveek> 1 -- off the ground : in or as if in flight :offto a good start <the program never i i got off"the ground> - Dn the ground : at the Scene of action ' - to ground i 1 : into a burrow cthe fox went to grounrP 2 : into hiding <might need to make a run for it and go tp ground someplace- : Edward Hoagland> I, Learn.m.o.re.abou.l,"ground" and related Topics of Brlfannlca,com Pronunciation_Symbolg Search "ground"rn: 'Thesaurus ' SpanlshlEnalish i 'Medical icti_ OfIeN 'Open f]ictianary 13rawse words next to: ~~ Browse the Dictionary: ABCDEFGHIJ$LMNOPgRSTUVW%Y I z ;e 'gravnd ........... .. I Au#o Insurance in t Niagara University; NY ~ i 1 i i 1 r'~" ` ~r ~. ~ ZipCoae 741 Q9 ~ ~ ; ~ 'GetOuote3 ! ~ ~`~ I httpalwww.merriam-v~febster.com/dictionary/>7round 3/5/2448 ground -Definition from the Merriam-Webster Online Dictionary Page 2 of 2 _ _ .. Tnp TV S~~o~v Scarel~es ' r : , ~~ -: se~rsh Irtner oiork Search Products Premium Services Company Into Contact-ils AdverlisSng Info Privacy Policy s) 2007-x008 Mercfam-Webster, tncarporatad httpa/w~rw.merriam-webster.com/dictionary/ground 3/5/2008 ' ', ~.. SIMM~NS WHITE ENGINEERING I PLANNING I CONSULTING 1 SINCE 1982 February 27, 2008 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach Planning and Zoning 100 N.W. 1st Avenue Delray Beach, Florida 33444 Reference: Delray Mazda Delray Beach, Florida Dear Mr. Dorling: The purpose of this letter is to address a comment brought forth by the City of Delray Beach with regards to providing a car lift display within the Mazda Dealership showroom.. Our office has reviewed the City of Delray Beach Land Development Regulations Section 4.4.10(G}(S}(b} as well as the architectural renderings for the proposed car dealership. Based on our review of the proposed situation, it is our professional opinion, a car lift display will not create an unsafe traffic situation along the adjacent roadway (Federal Highway) based on the following: ^ Accident Research Unit, University of Nottingham = Driver Characteristics ^ Location of the Display Accident Research Unit Based on some research of the subject, our office came across the following from the by David Crandall, Editha Van Loon and Geoffrey Underwood, "Attraction and Distraction Of Attention With Roadside Advertisements", Accident Analysis ~ Prevention, Volume 38, Issue 4, July 2006, Pages 671-677: Simmons & White, Inc. 5601 Corporate Way Suite 200 West Palm Beach F4orida 33407 Y: 561.478.7848 F: 561.478.3738 www,simmonsandwhite.com Certificate of Authorization NumUer 3452 Mr. Paul Dorling February 27, 200$ -Page 2 "The optimum positioning of roadside advertisements is recognized by the industry as an important factor in attracting the attention of passing drivers. Less acknowledged is the possibility that the location of an advertisement may distract attention from vital driving-related information. This study compared street-level advertisements (SLAB; predominantly bus shelters) with raised-level advertisements (RLAs) of the same size that were suspended 3 m abcwe the ground, on their ability to attract attention under different task conditions. Participants were split into two groups and watched video clips of driving, rating them for hazardousness while their eye movements were recorded. One of the groups was additionally primed to attend to advertisements. SLAB received the most fixations when participants were solely looking for hazards, and the fewest fixations when primed to look for advertisements. Though SLAB also had longer fixations than the RLAs, they were more poorly recognized in a subsequent memory test. We conclude that SLAB attract and hold attention at inappropriate times compared to raised- level advertisements. " Based on these findings, it was determined that street level displays hold a driver's attention at inappropriate times mare so than a raised level display, such as the proposed car lift display. Driver- Characteristics It is assumed that the majority of the drivers along Federal Highway are local commuters. Commuters are experienced drivers, in which they have gained knowledge of the local roadways and the surrounding areas, such as driveway locations, signalized intersections, locations of signs and all developments. In addition, experienced drivers get better at scanning the roadway environment and ignoring irrelevant information. As mentioned in the ITE Traffic Engineering Handbook, 4t~' Edition, it requires time for a driver to process a message an a sign. However, in this case, the car lift display does not provide a message for the driver to process, therefore allowing the driver more time to react to the roadway environment. Dis la Location The subject property is located approximately 1,100 feet south ofLinton Boulevard along the east side of Federal Highway. As designed and submitted to the City of Delray Beach, the plan is to provide a car lift display within the interior of the Mazda showroom. The approximate showroom location is 80 feet from the adjacent roadway. Due to the location of the display, it becomes less of a distraction to passing drivers. Mr. Paul Darling February 27, 2008 -Page 3 In addition based on the posted speed of 4S MPH, drivers will have very little opportunity to focus on the car lift display. Only when traffic speeds are reduced due to heavy traffic volumes and a slow down at the Linton Boulevard signalized intersection will a driver have the opportunity to fully acknowledge the car lift display. At reduced speeds drivers have more time to react and accidents are less likely to occur. In summary, commuters are experienced drivers and have knowledge of the local surrounding. Also the car lift display that is located within the Mazda Dealership showroom, which is also offset from the adjacent roadway's right-af-way, becoming less of a distraction. In addition to providing a display that does not require the driver to process a message, this allows the driver mare time to react to the roadway environment. In conclusion, a car lift display within the interior of the Mazda showroom will not create an unsafe condition. Should you have any additional concerns or questions regarding this matter, please do not hesitate to call me. Sincerely, SIMMOI~.B~-. VT`fE, IN 7 Robert F. Rennebaum, P.E. FL Reg. No. 41168 CC xadocs/mist]tr/caratozzo~o{~elrayMazdadorfing MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 13, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 APPEAL OF SITE PLAN REVIEW AND APPEARANCE (SPRAB) DECISION/OFFICE DEPOT/CVS PHARMACY BUILDING ITEM BEFORE COMMISSION Appeal of approval involving the proposed Office Depot -CVS building resulting in a parking reduction of 62 spaces (155 parking spaces required, 93 parking spaces provided). LDR Section 4.6.9 (F)(1), allows a parking reduction by the body which acts on the attendant site plan upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use. The Site Plan Review and Appearance Board's action approving the reduction was taken on February 27, 2008. The action was appealed on March 3, 2008 by the City Commission. This appeal is being processed pursuant to LDR Section 2.4.7(E) Appeals. BACKGROUND The subject property is 2.32 acres and is located on the west side of NE 6th Avenue between NE 8th Street (George Bush Boulevard) and NE 7th Street (700 NE 6th Avenue). The property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD (Central Business District). It currently contains four buildings totaling 17,709 sq. ft. utilized by Maroone Chrysler including auto part sales and an automotive sale showroom office built in 1995. At its meeting of February 27, 2008 the Site Plan Review and Appearance Board reviewed and approved the Class V site plan, landscape, and architectural elevations associated with the construction of a 19,000 sq. ft Office Depot and a 13,012 CVS Pharmacy. The Board approved an accompanying special action request to reduce the required parking spaces by 62 spaces (from the 155 parking spaces required to the 93 parking spaces provided), based on receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate these specific uses. The applicant has submitted the attached letter dated January 28, 2008 as the "special documentation" to justify the reduced number of parking spaces. The following is an excerpt from such letter: "Office Depot stores do not generate the same parking demands as general retail. Most Office Depot business is catalogue and online orders. Many private businesses place orders directly from the stores and have items delivered to their offices. Office Depot stores also commit a large amount of the stores square footage to furniture and product displays as well as to the storage of excess furniture and products currently not being displayed on the sales floor area. Additionally, Office Depot also provides an in store copy center. Fifty percent or more of the Office Depot square footage is dedicated to this storage, display and copy center area. The proposed Office Depot is 19,002 square feet. The actual square footage that should be considered for parking calculations is 9,501 square feet. Thus the required parking for the Office Depot should be 43 spaces, based on the actual square footage utilized by customers. The proposed CUS building footprint is 13,203 square feet. The mezzanine is 2,708 sq. ft. which makes the total square footage 15,281 square feet. The mezzanine area will not be utilized by customers. Also, the CUS provides a minimum of 40 percent of the footprint for storage of consumer goods. The actual square footage of the building that should be considered for parking calculations is 7,921 square feet which makes for 36 parking spaces. The two developments together suggest that a minimum of 79 parking spaces be provided if providing 4.5 spaces per 1,000 of floor area. We are providing 93 on-site parking spaces. " In reviewing the project staff expressed concern that while the applicant conclusions may be valid for these specific uses, these currently proposed uses may not always be on the site and future retail uses may have significantly higher parking demands. Further, given the limited off site alternatives for parking in this area, a parking reduction of this magnitude could result in a significant off-site impact. Given these issues, staff recommended denial of this request. However, after deliberation the Site Plan Review and Appearance Board recommended approval subject to the following conditions: . That on street parking should be maximized as per FDOT and City engineers' standards along NE 5th Avenue, NE 6th Avenue, and NE 7th Street; and . That a private covenant be executed that if either tenant should change in the future the new tenant shall come to the City and comply with the City's parking requirements at the time of that change, or obtain appropriate relief via special action or other processes. APPEAL ANALYSIS On March 3, 2008, the Site Plan Review and Appearance Board's action was appealed by the City Commission at the request of staff. The proposed basis of the appeal is that the action taken by the Site Plan Review and Appearance Board was inconsistent with the Comprehensive Plan and the Land Development Regulations (LDR). Since the appeal was filed the applicant has submitted a parking occupancy study to document real time parking occupancy at two similar facilities, one at 4901 North Federal Highway (Office Depot) in Boca Raton, and the other at 1015-1110-1020 South Federal Highway (Walgreen's /Office Depot/ City National Bank) in Delray Beach. The applicant claims that when combining the Office Depot and Walgreen's parking activity at the Delray Beach location, maximum parking occupancy occurs at 5:20 p.m. when only 43 of the 123 spaces (36%) are occupied. Based on this parking occupancy rate the applicant draws the conclusion that the 93 parking spaces provided for the proposed development can more than adequately accommodate the parking demand for the CVS/Office Depot buildings. Staff would continue to support the notion that adequate parking for these specific uses has been provided. However, a concern continues to rest with the adequacy as it relates to other potential uses. The applicant has submitted additional information in an attempt to address these concerns; the information includes a detailed site plan revision which outlines potential off site spaces and a copy of lease agreements for each use which prohibit reoccupation of retail spaces with particular uses (uses which would raise the most concern with respect to higher parking impacts). The revised site plan includes landscape node improvements to the 20 on street existing parking spaces along the west property line on the east side of NE 5th Avenue. An additional 6 new parking spaces are to be provided along NE 7th Street representing a total of 26 on-street parking spaces. However, only the 6 new parking spaces, pursuant to LDR Section 4.6.9(E)(2), can be counted towards the parking requirement for the proposed development. With these additional spaces the relief represents a 36% parking reduction. It is noted that while all of these on street spaces may not represent new parking opportunities the existing 20 spaces are utilized by the existing departing auto use and most likely will be available for the proposed new uses. Given the reduced parking deficiency request, the availability of adjacent on-street parking, the voluntary deed restriction that the new tenant shall come to the City and request a special action regarding parking, or comply with the City's parking requirements at the time of that change, and the internal tenant deed restriction (as to further occupancy), staff concerns are diminished. RECOMMENDATION Up-hold SPRAB decision to approve the reduction to parking spaces required pursuant to LDR Section 4.6.9 (C) (3) (a), but modify the reduction to 56 spaces (from the 155 parking spaces required to the 99 parking spaces provided), and condition it subject to a voluntary deed restriction (requiring provision of parking or relief with a change of tenant) and the on site restriction between uses contained in the CVS and Office Depot leases. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPEAL OF THE 2/27/08 SPRAB APPROVAL OF THE SPECIAL ACTION REQUESTED BY OFFICE DEPOT/CVS 1. This appeal of SPRAB's February 27, 2008 approval of the special action request by Office Depot/CVS came before the City Commission on March 18, 2008. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the special action request of Office Depot/CVS. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Parking: Pursuant to LDR Section 4.6.9(C)(3)(a), "General Commercial Uses shall provide 4.5 spaces per 1,000 square feet of gross floor area which includes retail floor area, associated warehouse and storage floor area, and employee and management facilities." The applicant desires to reduce the parking spaces at the Office Depot/CVS building located at 700 NE 6th Avenue by 56 spaces (from 155 spaces to 99 spaces (93 on site and 6 on street spaces for a total of 99), which equates to a waiver of 31 spaces for the office supply use and a waiver of 25 spaces for the pharmacy use). The proposed Office Dept building contains 19,003 square feet and the proposed CVS building contains 15,281 square feet. Pursuant to Section 4.6.9(F)(1), "Reduction allowed, when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use, the body which acts on the attendant site plan may reduce the parking requirements accordingly." Should the City's appeal of the decision of SPRAB granting the Applicant's Special Action Request to reduce the required parking spaces from 155 to 99 (93 on site and 6 on street spaces for a total of 99) be granted, subject to the following conditions as listed? The Property shall be occupied and utilized by an office supply use and a pharmacy use (collectively referred to herein as the "Uses") in accordance with the approved Application for the Project. In the event one or both Uses vacate the Property, Centres, its successors and assigns, shall be restricted to leasing that portion of the Property so vacated to a permissible use that does not require additional parking demands over and above that which is currently required. In the event any proposed new use on the Property creates a greater demand for parking than that which is currently required, Centres shall be required to submit any and all proposed new uses for review by the City in order to ensure that the City's parking requirements are satisfied. In the event a waiver is required for any such proposed new use, Centres shall file an application for a parking waiver to demonstrate that the parking impacts of the proposed new use have been addressed. However, it is understood that the City may or may not grant the waiver. The City Commission has agreed to waive the parking requirement for 56 parking spaces, Thus, based on prorated square footages, 55 of the 99 spaces provided, shall be allocated to office supply use( which is a waiver of 31 spaces) and 44 spaces to the pharmacy use( which is a waiver of 25 spaces). The offsite parking spaces shall be shared equally now and if a new use is established. In the event one of the Uses ceases, the remaining Use shall continue to operate with the spaces allocated subject to the City's waiver and any new use shall be required to comply with the City's current parking regulations, unless a waiver is granted. If both Uses cease then any new use shall be required to comply with the City's current parking regulations, unless a waiver is obtained. City shall have the right to approve, approve with conditions or deny any future proposed uses on the Property that does not meet the then current City parking requirements. The conditions referenced above shall be effective upon approval of this order. The Restrictive Covenant, including the aforementioned conditions, substantially in the form as Exhibit "A", attached hereto, and as approved by the City Attorney's office shall 2 be recorded upon the closing of the sale of the property to Centres Delray, LLC and no building permits shall be issued until such recording. Yes No 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves denies the appeal of the special action request and hereby adopts this Order this 18th day of March, 2008, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 3 Return to: (enclose self-addressed stamped envelope) Name: Scott E. Backman, Esq. Address: Siegel, Lipman, Dunay, Shepard, &Miskel, LLP 5355 Town Center Road Suite 801 Boca Raton, Florida 33486 This Instrument Prepared by and return to: Scott E. Backman, Esq. Siegel, Lipman, Dunay, Shepard, &Miskel, LLP 5355 Town Center Road Suite 801 Boca Raton, Florida 33486 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants ("Covenant"), made this day of March, 2008, by Centres Delray, LLC, a Florida limited liability company, having an address of 9130 South Dadeland Boulevard, Miami, FL 33156 ("Centres"), shall be for the benefit of the City of Delray Beach, a Florida Municipal Corporation, with a post office address of 100 N.W. 1St Avenue, Delray Beach, Florida 33444 ("City"). WITNESSETH: WHEREAS, Centres is the fee simple owner of approximately 2.3 acres of land located at 700 N.E. 6th Avenue, Delray Beach, FL 33444, and more particularly described in Exhibit "A" attached hereto ("Property"); and WHEREAS, Centres made application to the City for the approval of a site plan application, which included a waiver request for a reduction in the parking requirement ("Application"); and WHEREAS, Centres intends to develop the Property with an office supply use (19,003 square foot Office Depot, which, under the City's parking requirements would need to furnish 86 parking spaces) and a pharmacy use (15,281 square foot CVS Pharmacy, which, under the City's parking requirements would need to furnish 69 parking spaces) for a total of 155 spaces ("Project"); and WHEREAS, while the City's parking requirements for the Project require 155 parking spaces, Centres' Application proposes 93 on-site parking spaces and 6 off-site parking spaces for a total of 99 parking spaces for the Project; and WHEREAS, in order to satisfy concerns related to parking demands for potential future users of the Property, the City requested Centres to enter into this Covenant to govern the future utilization of the Property as described herein; and WHEREAS, Centres agrees to grant this Covenant to the City, and the City agrees to accept this Covenant in order to govern future development on the Property following final approval of the Application for the Project. NOW, THEREFORE, in consideration of the promises and covenants herein contained, Centres hereby declares that the Property specifically referenced herein shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, and regulations hereinafter set forth, all of which shall run with such property and any part thereof and which shall be binding upon all parties having any right, title or interest in such property or any part thereof, their heirs, successors and assigns. 1. Recitations. The recitations set forth above are true and correct and are incorporated into this Covenant by this reference. 2. Use Restrictions. Upon approval of the Application for the Project, use of the Property identified on Exhibit "A" shall be governed as follows: (a) The Property shall be occupied and utilized by an office supply use and a pharmacy use (collectively referred to herein as the "Uses") in accordance with the approved Application for the Project. (b) In the event one or both Uses vacate the Property, Centres, its successors and assigns, shall be restricted to leasing that portion of the Property so vacated to a permissible use that does not require additional parking demands over and above what is currently required for the Project. (c) In the event any proposed new use on the Property creates a greater demand for parking than what is currently required for the Project, Centres shall be required to submit any and all proposed new uses for review by the City in order to ensure that the City's parking requirements are satisfied. In the event a waiver is required for any such proposed new use, Centres shall file an application for a parking waiver to demonstrate that the parking impacts of the proposed new use have been addressed. However, it is understood that the City may or may not grant the waiver. The City Commission has agreed to waive the parking requirement for 2 56 parking spaces, Thus, based on prorated square footages, 55 of the 99 spaces provided shall be allocated to the office supply use (which is a waiver of 31 spaces) and 44 spaces to the pharmacy use (which is a waiver of 25 spaces). The offsite parking spaces shall be shared equally now and if a new use is established. In the event one of the Uses ceases, the remaining Use shall continue to operate with the spaces allocated subject to the City's waiver, and any new use shall be required to comply with the City's current parking regulations unless a waiver is granted. If both Uses cease then any new use shall be required to comply with the City's current parking regulations. (d) Nothing contained herein shall in any way impact the parking rights approved for the Project with regard to either of the original Uses, providing one or both Uses continue to exist on the Property. (e) City shall have the right to approve, approve with conditions or deny any future proposed uses on the Property that does not meet the then current City parking requirements. 3. Amendments. This Covenant shall not be further modified, amended or released as to any portion of the Property except by written instrument, executed by the then owner or owners of the portion of the Property affected by such modification, amendment, or release and approved in writing by the City. The appropriate governmental authority of the City shall execute a written instrument effectuating and acknowledging such modification, amendment or release. Any amendment, modification or release of the Covenant shall be recorded in the Public Records of Palm Beach County, Florida. 4. Recordation and Effective Date. This Covenant shall be recorded in the Public Records of Palm Beach County, Florida by Centres at its sole cost and expense upon closing on the Property. The Covenant shall not become effective until the Covenant is recorded in the Public Records of Palm Beach County, Florida. 5. Severability. If any court of competent jurisdiction shall declare any section, paragraph, or part thereof invalid or unenforceable, then such judgment or decree shall have no effect on the enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in full force and effect. 6. Captions, Headings and Titles. Articles and paragraph captions, headings and titles inserted throughout this Covenant are intended as a matter of convenience only and in no way shall such captions, headings or titles define, limit or in any way affect the subject matter or any of the terms and provisions thereunder of the terms and provisions of this Covenant. 7. Context. Whenever the context requires, any pronoun used herein may be deemed to mean the corresponding masculine, feminine or neuter form thereof, and the 3 singular form of any nouns or pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa. 8. Enforcement. The City shall have all rights allowed under law to enforce this Declaration of Restrictive Covenants. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 4 IN WITNESS WHEREOF, Centres has executed this Covenant on the day first above written: WITNESSES: CENTRES CENTRES DELRAY, LLC., a Florida limited liability company (Signature) Print name: (Signature) Print name: Print Name: Title: Address: STATE OF FLORIDA COUNTY OF SS. The foregoing instrument was acknowledged before me this day of March, 2008, by , as of Centres Delray, LLC, a Florida limited liability company, freely and voluntarily on behalf of said corporation. He/She is personally known to me or has produced as identification or is known to me personally. NOTARY PUBLIC: Typed, printed or stamped name of Notary Public 5 EXHIBIT "A" LEGAL DESCRIPTION SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ~--STAFF REPORT-~~ MEETING DATE: February 20, 2008 AGENDA ITEM: lv. B. ITEM: Class V Site Plan, Landscape Plan, and Architectural Elevations associated with the construction of a 19,002 square foot Office Depot building and a 13,203 square foot CVS building with adrive-thru lane. GENERAL DATA: Applicant ............................ Agent .....................~.................. Location .................................... PropertySize ............................. Future Land Use Map ............. Current Zoning . ........................... Adjacent Zoning ..............North: East: South; West: Existing Land Use ..................... Proposed Land Use .................. Water Service ........................... Sewer Service .......................... Art Taylor Heidi henderson 70o NE 6th Avenue 2.32 Acres CC (Commercial Core) CBD (Central Business Distric} GC (General Commercial) CBD {Central Business Distric) CBD (Central Business Distric} RO (Residential Office) Car Dealership Retail The property is currently served by a 6" water main located along NE 8tr, Street r-o-w. Sewer service will is currently provided a service lateral connection to an existi 8" sewer main located along the NE Avenue r-o-w. IV. B. IT~~ ~ R~ T -'®: a ~ e -: .. .. The item before the Board is the approval of the fallowing aspects of a Class V site plan request for the Office Depot artd CVS Pharmacy buildings, pursuant to Land Development Regulations (LDR} Section 2.4.5{I=}: © Site Pfan; ^ Landscape Plan; ^ Architectural Elevations; and © Waiver Requests. - O~~ ~ The development proposal incorporates the properties consisting of Lots 1-11, Lats 34-39, and Lots 63-64 together with NE 7t" Court lying east of the R-O-W line of NE 5th Avenue and west of the west R-O-W line of NE 6t" Avenue, all lying in the McGinley Gosman SuFadivision as recorded in Plat Book 2, Page 87 of the public records of Palm Beach County. The subject property measures 2.32 acres and is located on the west side of NE fit" Avenue between NE 8t" Street {George Bush Boulevard) and NE 7t" Street {700 NE 6th Avenue). The property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD {Central Business District). It currently contains four buildings #otaling 17,709 sq. ft. for Maroone Chrysler including-auto part sales and an automotive sales showroom office that was built in 1995. At its meeting of July 17, 2006, the Planning "and Zoning Board held a public hearing in conjunction with a rezoning request for the subject property. The Board unanimously voted 5-0 to recommend approval to the City Commission of the rezoning from GC (General Commercial) and AC (Automotive Commercial) to CBD (Central Business District), for properties located between NE 4th Street and George Bush Boulevard and extending from the i=EC Railroad to approximately %2 block east of NE 6th Avenue excluding the properties occupied by Acura of Delray Beach. At its meeting of December 5, 2006 the City Commission approved the rezoning from GC (General Commercial) and AC (Automotive Commercial) to CBD (Central Business District}, for those properties. A Class V site plan to build a 99,000 sq. ft Office Depot building and a 13,012 CVS Pharmacy building is now before the Board for action. The development proposal incorporates the following: D Demolition of the four existing car dealership buildings; ^ Construction of a 13,203 sq. ft. CVS building with adrive-thru lane on the northwest side of the property; ^ Construction of a 19,002 sq. ft. Office Depot building on the southeast side of the property; ^ Installation of a 5` high decorative wall along the perimeter of the site; ^ Installation of a loading area and two dumpsters; and, D lnstallation of two bicycle racks and associated landscaping. Site Plan Review and Appearanc~~~,ard Staff Report: Meeting of D2120108 Otftce DepotICVS - Class V Si#e Plan, Landscape Plan and Architectural Elevations Page 2 The Class V site plan application also includes a special action for the reduction of parking spaces, and five (5) waiver requests to the following sections of the City's Land Development Regulations: Special Action Request pursuant to LDR Section 4.6.9(F)(1), which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use; 2. A waiver to reduce the minimum staking distance from the first point of transaction of the proposed CVS building drive-thru lane from one hundred (100'} feet to sixty five {65') feet [LDR Section 4.6.9(D) (3} (c) (2)]; 3. A waiver to reduce the minimum stacking distance from 50' to 26' fior the access driveway from NE 7th Street r-a-w to the first parking space. [LDR Section 4.6.9(D)(3)(c)(1)} 4. A waiver to reduce the required twenty foot (20') sight visibility triangle to fifteen (15') at the intersection of N.E. 5th Avenue and the ingress and egress driveway located on the west side of the property. [LDR Section 4.6.14 (;4)(1 }~; and 5. A waiver to reduce the required forty foot {40'} sight visibility triangle to thirty feet {30'} at the intersection of N.E. 5th Avenue and N.E. 8th Street and the intersection of NE 6th Avenue and NE 7th Street. [LDR Section 4.6.14 {A}(2)]; and 6. A waiver to reduce: • The required building frontage along NE 6th Avenue from a minimum of 162' to 0'; the maximum setback from 10' to 18'; and to increase the remaining length of the building frontage from 70' to 137'; • .The required building frontage along NE 5th Avenue from a minimum of 219' to 0'; the maximum setback from 10' to 10.6'; and to increase the remaining length of the building frontage from 94' to 267'; The required building frontage along NE 8th Street from a minimum of 151' #o 0'; the maximum setback from 10' to 18.22; and to increase the remaining length of the building frontage from 64' to 96'; and • .The required building frontage along NE 7th Street from a minimum of 91' to 46'; the maximum setback from 10' to 12'; and to increase the remaining length of the building frontage from fi4' to 0' Pursuant to LDR Section 4.4.13{I=){4). _ ~,~,_ COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shat[ specifically be addressed by the body taking fnal action on the site and development applicationlrequest. LDRSection 4.3.4(K)De~efopme~t Standards Matrix. The following table indicates that the development proposal meets the requirement of LDR Section 4.3.4(K). However, the proposed development does not meet the requirements of LDR .Section 4.4.13(1=} as they pertain to the Central Core area of the CBD zoning district. The Site Plan Review and Appearance yard Staff Report: Meeting of 02120108- " (~ Office Depot/CVS - Class V Slfe Plan, Landscape Plan and Arcf~itecfural Elevations Page 3 applicant has requested an internal adjustment to these requirements. Analysis of the requested internal adjustment is discussed later in this report. Building Setbacks (min.Z Front (North} Rear (South} Side Street (East} Side Street (West} See Discussion Below 10' 10' 0' 10.6' 0' 17.83' 48' 34'-6" to 3T-6° 10% 23.5% Building Hei~ hc~t: Open Space: Building Frontage and Front 5etf~acks: Site Plan Review and Appearancf ~T~ard Staff Report: Meeting of 02/20/08 (=s Qffice DepotIGVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 4 ~ . ff - O ce road, ~ B~iii~~finy _- ~ °'° ~~Eildiiict; E'uddin~ ~ Neit3ht Frontage je ~ Si, - _ ~: ~tF~~r ~ Finished 70% 190% P-Q ~ti - - grade to eNE' Sth 25' for a ' , ; ~Stre~t Lot ,: 215 Remaining Frontage length 10' max 15' min. 151' 1 194' 10' 64` 121' 196' The above table indicates that the development proposal does not comply with the requirements of LDR Section 4.~.13(F} {4} with regard to Building Frontage and front setbacks (as required by the CBD Design Guidelines) along NE 5~' Avenue, NE 6th Avenue, NE 8Eh Street and NE 7th. The applicant has requested a waiver: To reduce the required building frontage along NE 5fh Avenue from a minimum of 162' to 0'; the maximum setback from 10' fo 1$'; and to increase the remaining length of the building frontage from 70' to 137`; To reduce the required building frontage along NE 5th Avenue from a minimum of 219' to 0'; the maximum setback from 10' to 10.6'; and to increase the remaining length of the building frontage from 94' to 267'; To reduce the required building frontage along NE 8fh Street from a minimum of 151' to 0'; the maximum setback from 10' to 18.22; and to increase the remaining length of the building frontage from 64' to 96'; • To reduce the required building frontage along NE 7th Street from a minimum of 91' to A~6'; the maximum setback firom 10` to 12'; and to increase the remaining length of the building frontage from 64' to 0'; Site Plan Review and Appearanc€ ~p~ard Staff Report: Meeting of t3212Q108 l.~ Office ©epot/CVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 5 Waiver Analysis.; Pursuant to LDR Section 2.4.7(6) (5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; {c} Shall not create an unsafe situation; and {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification with regard to the waiver request: "The City's LDR's did not envision fhe rare situation where a parcel will be bounded on aU sides by roadways. Although the applicant does not fully meet these frontage requirements, fhe applicant has provided a decorative wall along NE 5t'' Avenue and NE ti ~' Avenue to create the same feeling of urbanized development that the City is looking for. This decorative wall is similar fo that of Public to fhe south; fhe applicant is attempting fo follow that same site design concept. The applicanf contends fhat the decorative waI! would provide a more aesthetically pleasing frontage along NE 5f" Avenue and NE 6~"Avenue than a solid structure." The site is constrained by the fact that it is bounded by four roadways. The frontage along $i" Street and 7t" Street present limitations to accommodate the required building frontage and the ingresslegress driveway on the site. In addition, the site has a diminishing width from 235' along 8th Street to 150' along 7th Street which further limits the attempt to situate the buildings and still comply with the LDR requirements. The CBD District Design Guidelines are geared mostly towards the design of mixed-use and residential buildings in the downtown area. The Office Depot and CVS building would be operationally unfeasible, and it would be economically challenging if the required building frontages along the existing right-of--ways were stepped back from finished grade to a height of 37'. Thus, the provision of a decorative wall along NE 5th Avenue and NE 6th Avenue creates the sense of urbanized downtown development which is .the intent of the CBD District Design Guidelines. Due to the type of building use proposed, the site constraints, and the location of the project away from a downtown urban area, the waiver to reduce the required frontage and fr6nt setbacks should be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B}{5}. Special BuiiltEina Setback: Pursuant to LDR Section 4.3.4(H}(6}, three types of special setbacks are established in order to provide for preservation of area far expansion of roadways and/or streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. Within the special building setbacks, no structures shall be altered, erected, or reconstructed, Along George Bush Boulevard, between Swinton Avenue and A-1-A, a fifty foot (50') special building setback shall be provided on both sides of the centerline. The development plan complies with this requirement since a 50' special building setback has been provided. However, a condition of approval is attached, that a fifty foot {50') special building setback shall be provided from the centerline and depicted on the site plan and engineering plans. Site Plan Review and Appearance. oard Staff Report: Meeting of 02/20/08 ~~a Office Depot/CVS - Class V Site Plan, Landscape Plan and Archifecturai elevations Page 6 Special Landscape Setback: Pursuant to LDR Section 4.3.4(H}(6){b), within the special landscape setback no .structures shad be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures an, or provide access to, the site and then only when generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways. Further, LDR Section 4.3.4(H)(6)(b)(2} requires that along Federal Highway, double frontage lots up to 200' in depth require a 10' landscape setback {the properly is considered double frontage}. The development plan complies with this requirement since a 10' landscape area has been provided. LDR Section 4.4.13 -Central Business District: Height: Pursuant to LDR Section 4.3.4(K}, the maximum height ofi structures in the CBD zoning district is 48'. Pursuant to LDR Section 4.3.4(J}(1), height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or to the mean level between tie beam and ridge for gable, hip, or gambrel-roofs. For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. Applying `the mean elevation of the adjoining streets', the proposed building is approximately 37'-6" high for the Office Depot building and 34'-6" high for the CVS building. Thus, this LDR requirement has been met. Off Street Parking: Special Action Request Pursuant to LDR Section 4.6.9 (C) {3) {a), General Commercial uses shall provide 4.5 spaces per 1,{300 square feet of gross floor area which includes retail floor area, associated warehouse and storage floor area, and employee and management facilities. Using these calculations the proposed development will require a total of 155 spaces, while the proposal shows a total of 93 parking spaces, resulting in a deficit of 62 parking spaces. Pursuant to -LDR Section 4.6.9(1=)(1}, when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced number ofi parking spaces will accommodate a specific use, the body which acts on the attendant site plan may reduce the parking requirements accordingly. The applicant has submitted the attached letter dated January 28, 2008 as the "special documentation" to justify the reduced number of parking spaces. The following is an excerpt from such letter: "Office Depot stores do not generate fhe same parking demands as general retail. Most Off<ce Depot business is catalogue and online orders. Many private businesses place orders directly from fhe stores and have items delivered to their offices. Office Depof stores also commit a large amounf of fhe stores square footage to furniture and praducf displays as well as to the storage of excess furniture and products currenfly not being displayed on the sales floor area. Additionally, Office Depot also provides an in store copy center Fifty percent or more of the Oftlce Depof square footage is dedicated fo fhis storage, display and copy center area. The proposed Office Depot is 79, 002 square feel. The acfual square footage that should be considered for parking calculafions is 9,501 square feet Thus the required parking for the Office Depof should be ~43 spaces, based on the acfual square footage utilized by customers. Site Plan Review and Appearan~layard Stafr Report: Meeting of 02/20/08 ~~~~ Office Depot/CV5 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 7 The proposed CVS building footprint is 13,203 square feet. The mezzanine is 2,708 sq. ff. which makes the fotal square footage 15,289 square feef. The mezzanine area will not be utilized by customers. Also, fhe CVS provides a minimum of 40 percent of the footprint for sforage of consumer goods. The actual square footage of the building That should be considered for parking calculations is 7,929 square feet which makes for 36 parking spaces. The two developmenfs Together suggest that a minimum of 79 parking spaces be provided if providing 4.5 spaces per 9, 000 of floor area. We are providing 93 on-site parking spaces." The argument that the actual square footage to be considered for parking calculations on the Office Depot building should be 9,501 and that the square footage of the CVS building would be 7,955.5 is not consistent with the LDR parking requirement for commercial establishments (the LDRs do not exclude the areas specified by the applicants justification statement). The Land Development Regulations clearly state that Genera! Commercial uses shall provide 4.5 spaces per 1,000 square feet of "gross floor area" which includes retail floor area, associated warehouse and store a floor area. Using these calculations the proposed development will require a total of 155 spaces, while the applicant is proposing a total of 93 parking spaces, which results in a deficit of 62 parking spaces. The applicant bases the proposed reduction of parking spaces on the following points: • Most Office Depot business is catalogue and online orders. Many private businesses place orders directly from the stares and have items delivered to their offices. + Office Depot stores also commit a large amount of the stores square footage to furniture and product displays, as well as to the storage of excess furniture and products currently not being displayed on the sales floor area. Office Depot provides an in store copy center. Fifty percent or more of the Office Depot square footage is dedicated to this storage, display and copy center area. The applicant appears to makes a good argument for the reduction of parking based an the functional operation of the Office Depot and CVS stores which assumes that the proportion of storage floor area and retail commercial activity is split 50%. Currently, there are 20 on-street parking spaces located along the east side of NE 5th avenue and adjacent to the west property line of the subject property. These spaces are used by the existing Maroone Chrysler car dealership. There appears to be no other development in the immediate vicinity that will make use of this existing on-street parking. The applicant has indicated his willingness to provide additional on-street parking along NE 7Th Street and NE 6t'' Avenue, which would result with approximately 13 additional spaces reducing the deficit to approximately 49 parking spaces. The following facts play a vital role when considering a parking reduction for the proposed development: A reduction in parking requirements for the subject property would be applied for any and all future uses that may be established on this site. The requested reduction would have a ne ative im act in the functional a eration of an future use with re ards to parking availability. Site Plan Review and Appearancl h yard Staff Report: Meeting of 02/20/08 ~~ ~. Office Qepot/CV5 - Class V Site Plan, Landscape Plan and Architectural Elevations Page $ • The length of time or permanency of a proposed use is also an important factor when granting this parking reduction request. The long term occupation of the proposed use may be questionable given the proposed closing of the Office Depot store on South Federal Highway at SE10t~' Street. • Pursuant to LDR Section 4.6.9 (B}(4}, when parking requirements are applied to new development, the City Commission may approve the payment of a fee towards the construction of a public parking structure in-lieu of providing such required parking on- site. The proposed development is located more than 300' from any existing public parking facilities of the Central Business District, and thus, the off street parking fee is nat an option. Given the location of the proposed development the significant shortage of parking wil! negatively impact the operation of the proposed use. Based on the above, and since the parking reduction is for sixty two (62) parking spaces, this parking reduction request cannot be supported. Thus, staff recommends denial of the parking reduction requested for the Office Depot and CVS project. LDR Article 4.fi - Su lemental District Re ulations; Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C} (1) {b}, special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code far Building Construction. Accessibility far residential structures is covered by the Federal Fair Housing Act. Pursuant to this Act, two- percent (2%) of the parking spaces serving the development must be handicap accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 155 parking spaces required, the development needs to provide a minimum of four (4) handicap accessible parking space and five {5) handicap accessible parking spaces have been provided. Compact. Parking: Pursuant to LDR Section 4.6.9(C) (1} (g), up to 30% of the required parking for any use may be designated far compact cars. The development proposal includes twenty six (26) compact parking spaces located within the proposed parking area. This represents approximately 29.54% of the total spaces provided, thus meeting the requirement. On-Street Parking: Pursuant to LDR Section 4.6.9{E)(2}, where adequate right-of~way exists, construction of additional on-street parking spaces directly and wholly abutting the lot, or parcel, may be counted towards the off-street parking requirement of the lot or parcel it is intended to .serve provided that: 1. The adjacent right-of--way has not been previously utilized for parking or, in cases where the adjacent right-af--way has been Used for parking only those spaces in addition to the number of existing spaces shall be counted; 2. That such parking spaces are clearly marked on the site plan and designed in accordance with appropriate City, County or State standards, as applicable; and, Si#e Plan Review and Appearanc~~n ~,ard Staff Report: Meeting of 02/20/08 ~ ..._ Office QepotICVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 9 3. Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved by the City Commission for special events or valet parking. Although not counted toward meeting the parking requirements for the project, a total of approximately twenty (20} public parallel parking spaces currently exist within the NE 5f" Avenue right-of-way. Available to the general public, these spaces should also help meet the short term parking requirements of customers and visi#ors of the project. In order to reduce the parking deficit, the applicant is encouraged to provide on-street parking along NE 7t" Street and NE 6t" Avenue if the requested parking reduction is granted. These parking spaces can be counted towards the off street parking requirement of the proposed development. Bicycle Parkin LDR Section 4.6.9{C) (1) {c} and Transportation. Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be "provided. Two bike racks have been located along the front of the proposed building on NE 5f Avenue and in close proximity to the main entrance of the buildings. Thus, this requirement has been met. Also, pursuant to Transportation Element A-1.3 of the Comprehensive Plan, the applicant shall provide a bus shelter contribution ($22,000) for the installation of two bus shelters in the vicinity of the project (one on each side NE 5f" Avenue and NE 6t" Avenue) which is attached as a condition of approval. Refuse Enclosure: Pursuant to LDR Section 4.6.6{C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes two dumpsters with galvanized meta! doors located on the northeast and southeast sides of the subject property. A detail of the two dumpsters has been provided. The landscape plan indicates that the dumpster has been adequately screened. Accommodations for bins for recyclables have also been provided. Thus, this LDR requirement has been met. Lighting• A photometric plan consistent with the requirements of LDR Section 4.6.8 and light/fiix#ure details have been submitted. However, the City standard of Q~.0 maximum foot candle and 1.0 average minimum foot candle illumination level need to be maintained. The applicant is proposing summary value of 23.0 maximum foot candles while the maximum allowed City standard is 4.0 foot candles. The photometric plan shall be revised to comply with City standard illumination levels, and thus, this is attached as a condition of approval. Plat: The development proposal involves the construction of improvements across previously platted lots, dedication of easements, and dedication of right-of-way. Therefore, a condition of approval is that a boundary plat of the property shall be processed pursuant to Chapter 5 of the Land Development Regulations and recorded prior to issuance of a building permit. It is also, attached as a condition of approval that the existing 25' r-o-w located along NE 6~" Avenue on the southeast side of the subject property shall be abandoned and recorded along with the required plat, and thus, this is attached as a condition of approval. Site Plan Review and Appearanc~~ yard StafF Repvr#: Meeting of 02/20/08 ;.~~ Office bepotlCVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 10 Vehicular Stacking Distance for a Parking Area. Pursuant to LDR Section 4.6.9(D)(3}(c)(1), the minimum stacking distance for a parking area that has 51 or more parking spaces is 50'. With a total of 93 spaces in the parking area, the proposed driveway located along NE 7t" Street on the south property line does not provide the minimum stacking distance required. The proposed stacking- distance far the access driveway from the NE 7t" Street r-o-w to the fast parking space is approximately 26'. The applicant has requested a waiver to reduce the minimum stacking distance from 50' to 26' for the access driveway from the NE 7'" Street r-o-w to the first parking space. Waiver Anal~is: Pursuant to LDR Section 2.4.7{B} {5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (e) Shall not adversely affect the neighboring area; (fl Sha[I not significantly diminish the provision of public facilities; (g) Shall not create an unsafe situation; and (h) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification with regard to the waiver request: "This sife location between 4 roadways presents several site development limitations and restrictions. Currently the site plan shows $ parking spaces on the east side of the egress/ingress driveway, which is also fhe entrance to fhe proposed Offrce Depot building. In order to meet this stacking distance requirement fhe applicant would need to eliminate 3 parking spaces at the front of fhe building. The eliminafion of parking spaces is not in fhe besf fiterest of fhe overall site design and .the general intent of the City's code requirements. The additional grass area that would be created in front of the Office Depot building would not serve a specibc purpose and would not contribute to fhe overall function of the proposed sife plan. The City should grant the proposed waiver in order fo accommodate additional required parking and eliminate an excess of unusable space on the site. " Pursuant to LDR Section 4.6.9(D} (3) (c}, provisions are to be made#or stacking such that traffic will not backup into the public street system. The development proposal has provided three ingresslegress points. One is from NE 5~' Avenue, which is one of the primary point of entry into the developmen#; a second one is from NE 6t" Avenue, and a third one is from NE 7~' Street. Because the NE 7th Street access serves as a supplemental ingresslegress into the development, the reduced stacking distance will not result in an unsafe driving environment. The 26' stacking distance provided is clearly adequate for vehicles to enter the site without obstructing the flow of traffic from NE 7th Street. This is an urban area and 50' stacking distance is more appropriate for a suburban parking lot, where roads are abundant with high speed traffic. Due to the location of the project in an urban area, the waiver to reduce the stacking distance should be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Similar stacking distance waivers were granted to the Cityscape, Miraflores, West Fifth Condos, and Atlantic Shores projects in the CBD District. The Miraflores project was granted a 39' reduction to its stacking distance off an alley, Cityscape was granted a waiver of 36' to its stacking distance required from an alley, and Atlanta Shores was granted a waiver of 6' off SE 2~d Ave, which is Site Plan Review and Appearance-,ard Staff Report: Meeting pf 02120108- ~,~ Office Depot/CV5 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 11 its primary ingresslegress into the property. Consequently, a positive fiinding with respect to LDR Section 2.4.7(B}{5) can be made. Vehicular S#acking Distance for the Drive-thru Lane: Pursuant to LDR Section 4.6.9(D)(3){c){2}, the minimum stacking from the frst point of transaction for the proposed CVS building drive-thru lane one hundred (100'} feet. The applicant has requested a waiver to reduce the minimum s#acking distance from 100' to 65' for the for the proposed CVS building drive-thru lane. Pharmacy drive-thru are provided as a convenience to customers particularly the elderly, parents with sick children, or customers that have a special need for prescription drop off or pick up. This customer base does not represent more than four vehicular trips per hour. The proposed stacking distance ofi 65' appears to be adequate and will accommodate approximately four cars. Due to the location of the project in an urban area, the waiver to reduce the stacking distance for the drive-thru lane should be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would afro be supported under similar circumstances and therefore will not result in the granting of a special privilege. Based on the low traffic generation rate of the proposed drive-thru positive findings carp be made with respect LDR Section 2.4.7(B)(5) Sight Visibility Triangles: Pursuant to LDR Section 4.6.14{A){1), a 20' sight triangle is required at the intersection of N.E. 5'" Avenue and the ingresslegress driveway to the proposed parking area. The applicant has requested a waiver to reduce the required visibility triangle on the south side of this intersection from 20' to 15' [LDR Section 4.6.14{A)(1}]. The fallowing is an analysis of the waiver request: Waiver Analysis: Pursuant to LDR Section 2.4.7{B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) Shall not adversely affect the neighboring area; {b} Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant ar owner. The applicant is requesting reduction in the sight visibility triangle for the south side {left) of the ingress/egress driveway entry off N.E. 5t" Ave. Since traffic flows from the north on this one-way section of NE 5~' Ave. {1=edery Highway), the reduction of the sight visibility triangle from the south side (left) will not create an unsafe vehicular environment. Granting the requested waiver will not have an adverse affect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. Similar waivers have been approved fior other projects in the CBD District, such as, Renaissance Village, Cityscape, and Pineapple Grove Village. This waiver would also be supported under similar circumstances and therefore wilt not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7{B){5) can be made. Pursuant to LDR Section 4.6.14{A}{2}, a 40' sight triangle is required at the intersection of N.E. 5t" Avenue and N.E 8t" Street and at the intersection of NE 6f" Avenue and NE 7#" Street. The Site Plan Review and Appearancr~~ and Staff Report: Meeting of 02/20/08 Office DepotIGVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 12 applicant has requested a waiver to reduce the required visibility triangles at the intersection of N.E. Stn Avenue and N.E. $tn Street from 40' to 30' and at the intersection of N.E. 6t" Avenue and N.E. 7'n Street [LDR Section 4.fi.14(A)(2}]. The fallowing is an analysis of the waiver request: Since traffic flows from the north on this one-way section of NE 5t" Ave. (Federal Highway}, drivers coming from the east and taking a left turn on NE Stn Avenue will not have any visibility obstruction, and thus, the reduction of the sight visibility triangle from 40' to 30' will not create an unsafe vehicular environment. The traffic signal at the intersection of N.E. 5t" Avenue and N.E. Stn Street will slow traffic flow alleviating the necessity of the required sight visibility requirement of 40'. Traffic flows from the south on this one-way section of NE 6'" Ave, and thus, similar arguments can be presented far the visibility triangle located at the intersection of NE 6'" Avenue and T" street. Granting the requested waiver will not have an adverse affect. on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. Similar waivers have been approved for other projects in the CBD District, such as, 5'" Avenue Flats, Cityscape, and Atlantic Shores project at the N.E. 2"d Avenue intersection., This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7{B)(5} can be made. Ri ht-of-Wa Dedication: Pursuant to LDR Section 5.3.1{D) the ultimate right-of-way width for N.E. 7th Street is 60' and only 50' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of--way widths. The City Engineer and DSMG determined at their meeting of November 1, 2007 that a reduction in right-of-way width to 50' would be sufficient for this section of NE 7'" Street. Pursuant to the-Transportation Element of the City's Comprehensive Plan, the ultimate right-of- way width for N.E. 8th Street is 80' and only 73' of right-of--way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG}, may grant reductions in right-af--way widths. Pursuant to LDR Section 5.3.1{D} {3}, additional right-of way width may be required to promote public safety and welfare; to provide for stormwater management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The City Engineer and DSMG determined at a meeting in November 1, 2007 that the r-o-w of NE Stn Street should be expanded to 80', which is consistent with the widths provided with recent redevelopment proposals. Therefore, a dedication of seven feet (7') from the subject property is required. A seven (7) foot r-o-w dedication has been depicted an the site plan. The 7' r-o-w dedication on NE 8'" Street shall be executed along with the platting process, and thus, this is being attached as a condition of approval. OTHER ITEMS: Federal Highwav Cost of Improvements Obliaations: The proposed project is located at 700 NE 6~' Avenue (Federal Highway) and as such improvements cost for Federal Highway will apply. The City Engineer shall set the cost of improvements obligations an Federal Highway and the applicant shall comply with this requirement before issuance of a building permit. Thus, this is attached as a condition of approval. Site Plan Review and Appearancf. ~ ~,ard S#afF Report: Meeting of 02/20/08 ~~ Office i]epotlCVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 93 Underprounding of Utili#ies: Pursuant to LDR Section 6.1,8, utility facilities serving the development shall be located underground throughout the development. A Hate to this effect has been placed on the site plan, and thus, this LDR requirement has been met. Site and Engineering Plan Technical Items: Revised plans have accommodated all of staff s concerns, and thus, there are no preliminary technical comments to be addressed by the applicant. Preliminary engineering technical items have been addressed. A landscape plan has been submitted and evaluated by the City Horticulturist. The plan provides for perimeter and interior landscaping of the proposed buildings and parking area. A variety of large plants, shrubs, and groundcover materials are employed to enhance the development. The City Horticulturist has reviewed the landscape plan submitted by the applicant and has found that all landscape technical comments have been adequately addressed. Based on the above analysis, the Landscape Plan complies with LDR Section 4.6.16, provided and no technical items need to be addressed. LDR Section 4.6.78 E -Criteria for Board Action. The following criteria shall be considered by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed struc#ure is in conformity with goad taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the -local environment or evafving environment to materially depreciate in appearance and value. 3. The proposed structure, ar project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth far the Board from time to time. The architectural style of the structure is best described as masonry vernacular. The roof is standing seam metal that includes towers with hip roofs. The windows appear to be single hung with prefabricated suspended concrete hangers and burgundy awnings. The front doors of bath the Office Depot and CVS buildings are proposed to be clear anodized aluminum storefront with impact resistant glass. Awnings are proposed for all windows. The standing seam metal roof will be galvalume (galvanized aluminum) mill finish. The tower elevation walls will be painted with a softer tan color. The molding and trim will be painted white. The exterior doors, door frame, and the overhead sectional door will feature a white color white the rest of the elevation walls of the building will be painted with a moderate white. The roof structure for the drive-thru lane is a hip structure and contains a standing seam metal roof, The architectural styles of the buildings are architecturally harmonious. The balance and rhythm of the buildings are consistent and the treatment of all sides of the building has been addressed.- Based upon the Site Pian Review and Appearan~ yard Staff Report: Meeting of 02/20/08 l.~ Office Depot/CVS - Class V Site Pfan, Landscape Plan and Architectural Elevations Page 14 above, positive findings can be made with. respect to LDR Section 4.6.18(B)(14) and Section 4.6.18(E}. Pursuant to LDR Section 3.1.7 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through infarmatian on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) -Future Land Use Map; The subject property has a Future Land Use Map (PLUM} designation of Commercial Core (CC) and a zoning designation of CBD which are consistent with one another. Pursuant to LDR Section 4.4.13(B)(1}, office furniture, office equipment and supplies and retail uses are allowed as a permitted use in the CBD zoning district. Thus positive findings can be made with respect to PLUM consistency. LDR Section 3.1.1(B) - Concurrency; As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. LDR Section 3.1.1 (C) -Consistency (Standards for Site Plan Actions): As described in Appendix "B", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1(D) -Compliance with the Land Development Regulations; As described under the Site Pfan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted. Fufure Land Use Elernenf Objective A-1: Property shalt be developed or redeveloped in a manner sa that the future use and intensify is appropriate and complies in Perms of soil, topographic, and other applicaf~le physical considerations, is complimentary fa adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The property is bordered on the west side NE 5f",Avenue, the east by NE 6~' Avenue and by NE Sf" Street and NE 7t" Street on the North and south side respectively, The project has been designed with an attempt to comply with the Downtown Design Guidelines. The proposed buildings {Office Depot and CVS Building) are not necessarily types of buildings that can be designed to comply with the stepping back frontage required in the Downtown Design Guidelines. However, the applicant is requesting a waiver to Site Plan Review and Appearanc~~,ard Stafr Report: Meeting of 02/20/08 Office ©epotlCVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 15 the frontage required by the design guidelines. The applicant has proposed a decorative wall combined with a trellis and picket fence system that creates the image of a decorative frontage in-lieu of the stepping-back frontage that is required. Since the adoption of the 1989 Comprehensive Pian the downtown has changed from a somewhat seasonally oriented shopping area to a more dynamic and vibrant retail, service, and entertainment area with an active nightlife. A critical housing and mixed-use element has been slowly added to the downtown area. The proposed Office Depot and CVS development will help to fulfill the need of retail and commercial services required by the adjacent office, mixed- use, and residential areas. The proposed development will be complimentary to adjacent land uses. Housinca_Oblective_A-72. To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall talcs steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policv A-72.3:, In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and. stability of residential areas. If it is determined tha# a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the incorporation of this development will aid in the economic stability of the downtown area. The introduction of the cammerciallretail component will also likely improve the safety of the area by introducing more nighttime commercial activity and more "eyes on the street" to observe what is happening in the area, which will be a deterrent to criminal activity. While the development proposal will result in the generation of 15 AM and 63 PM peak hour trips onto the surrounding roadway network, the number of daily trips generated will not negatively impact the area. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. Transportation Element Policv A-T.3: The City endorses fhe continued operations of fhe Palm Tran Transit System and its operations in Delray Beach, and fhrough policies of this Element related to fhe TCEA, will coordinate with Palm Tran to improve the system. Given the potential impacts the proposed development will have on the surrounding road network and the location of Palm Tran bus stop in close proximity to the site, it is appropriate that the development contribute toward the provision of two bus shelters at this location {one an each, NE 5th Avenue and NE ~th Avenue}. Thus, it is attached as a condition of approval that a contribution of $22,000 is paid prior to certification of the site plan far the development. Subject to this condition of approval being addressed, the development will comply with Transportation Element Policy A-1.3. Transportation Element Policv_D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is fo be placed on development within the TCEA Area. The development proposal has accommodated two bicycle parking facilities (i.e. bike rack) on site. The provision of two bicycle parking facilities have been accommodated along NE bth Site Plan Review and Appearanc~~aard Staff Report: Meeting of 02/20/08 `~~ Office IJepotICVS - Class V Site Plan, Landscape Plan and Architectural f=legations Page 16 Avenue in close proximity to the entrance of the Office Depot and CVS buildings. Based upon the above, the development will comply with Transportation Element Pn[icy D-2.2. LDR Section 2.4.5(F) (5} Compatibility (Site Plan Findings): The approving body must make a finding that development of the property~~~~pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and- the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zonin : Use: North General Commercial {GC) Former Mexican Restaurant (commercial Soufh Central Business District {CBD) PPG Architecfiural Finishes Commercial) Easf Central Business District (CBD) Commercial {primarily ofFce across Federal Hi hwa West Residential Office (RO) NE 5 Avenue and the FEC railroad ri ht-of-wa . With respect to the uses, compatibility with the adjacent uses is not a concern. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown as a whole will. benefit by the inclusion of new commerciallretail development. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties and the properties will not experience a depreciation of property values. ~_ Community Redevelopment Agency {CRA): At its meeting of November 15, 2007, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval of the Class V site plan for OfFice Depot 1 CVS building. Courtesy Notices: Courtesy notices have been sent to-the following homeowner's andlor civic associations: - Neighborhood Advisory Council - Palm Trail HOA - ^el Ida HOA - Seacrest HOA Letters of abjection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. The development proposal is to construct two single-story buildings: a 19,002 square foot Office Depot building and a 13,203 square foot CVS building. The development proposal also includes five (5) waiver requests: a waiver to reduce the minimum staking distance from the first point of transaction of the proposed CVS building drive-thru lane from one hundred (900'} feet to sixty five (65') feet [LDR Section 4.6.9(D) {3) {c} {2)]; a waiver to reduce the required twenty foot Site Plan Review and Appearance yard Staff Report: Meeting of D212D108 ~~~ Office Depot/CVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 17 (20') sight visibility triangle to fifteen {15'} at the intersection of N.E. Sf" Avenue and the ingress/egress driveway located on the west side of the property. (LDR Section 4.6.14 {A)(1)}; and a waiver to reduce the required forty foot (40') sight visibility triangle to thirty feet (30'} at the intersection of N.E. 5~' Avenue and N.E. 8th Street and the intersection of NE 6t" Avenue and NE 7t" Street respectively. jLDR Section 4.6.14 (A}(2)]. Positive findings can be made with regard to these waiver requests and the special action parking reduction request. The provision of additional commerciaflretail development within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed development is consistent with required findings under Chapter 3 (Performance Standards), Section 2.4.5{F)(5) (Compatibility} of the Land Development Regulations, and policies of the Comprehensive Plan, provided the conditions of approva! are addressed. _. .. -,. -_ ~~" - ~ fiLTERN~Tl1l s ACT~~..w.,.~ . , x; . A. Continue with direction. B. Move approval of the waiver requests, special action request, Class V site plan, landscape plan and architectural elevations for Office Depot and CVS Building, by adopting the findings of fact and law contained in the staff report, and fnding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{F), 2.4.7(6) (5}, and Chapter 3 of the Land Development Regulations, sub)ect to conditions. C. Move denial of the waiver requests, special action request, Class V site plan, landscape plan and architectural elevations for Office Depot and CVS Building, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5{F), 2.4.7(B) (5), and Chapter 3 of the Land Development Regulations. By Separate Motions: Waiver Reguesfs: 1. Move approval of the waiver request to LDR Section 4.6.9(D) {3) (c) (2) to reduce the minimum staking distance from the first point of transaction of the proposed CVS building drive-thru lane from one hundred (100') feet to sixty five (65') feet, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7{B} {5). 2. Move approval of the waiver request to LDR Section 4.6.9(D){3}(c)(1) to reduce the minimum staking distance from 50' to 26' for the access driveway from NE 7th Street ro- w to the first- parking space, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) {5}. 3. Move approval of the waiver request to LDR Section 4.6.14 (A){1) to reduce the required twenty foot {20'} sight visibility triangle to fifteen (15') at the intersection of N.E. 5th Avenue and the most western ingress and egress driveway of the site, by adopting the findings of fact and law contained in the staff report; and finding that the request is consistent with LDR Section 2.4.7(B) (5}. 4. Move approval of the waiver request to LDR Section 4.6.14 (A}(2} to reduce the required forty foot (40') sight visibility triangle to thirty feet (30') at the intersection of N.E. 5th Site Plan Review and Appearance ~ .ard 5taf€ Report: Meeting of 02/20/08 OtFce Depot/CVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 18 Avenue and N.E. 8th Street and the intersection of NE 6th Avenue and NE 7th Street respectively, by adopting the fndings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(8} {5}. 5. Move approval of the waiver request to LDR Section 4.4.13(F) (4) to reduce: • The required building frontage along NE 6t" Avenue from a minimum of 162' to 0'; the maximum setback from 10` to 18'; and to increase the remaining length of the building frontage from 70' to 137'; • The required building frontage along NE 5th Avenue from a minimum of 219' to 0'; the maximum setback from 10' to '10.6'; and to increase the remaining length of the building frontage from 94' to 26T; • The required building frontage along NE 8th Street from a minimum of '151' to 0'; the maximum setback from 10' to '[8.22; and to increase the remaining length of the building frontage from 64' to 96'; and • The required building frontage along NE 7th Street from a minimum of 91' to 46'; the maximum setback from 10' to 12'; and to increase the remaining length of the building frontage from 64' to 0' by adopting the fiindings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(8} {5}. Special Actian Reauesf: Move denial ofi the reduction to parking spaces required pursuant to LDR Section 4.6.9 {C) (3} {a}, by 62 spaces (from the 155 parking spaces required to the 93 parking spaces provided), based on CDR Section 4.6.9(1=){1 }, which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use. Class V Site Plan: Move approval of the Class V site plan for Office Depot and CVS Building, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F} and Chapter 3 ofi the Land Development Regulations, subject to the following conditions: ~ . That four (4} CDpleS of the revised plans are submifted addressing all conditions of approval as indicated in the staff report; 2. That a seven (7) foot R-O W dedication along NE 8t" Street be depicted on the site plan and executed along with the platting process; 3. That the applicant revise the photometric plan to comply with City standard illumination levels and be consistent with the requirements of LDR Section 4.6.8; 4. That a plat is processed and recorded prior to issuance of a building permit; 5. That, if the ~arking reduction is granted, the applicant shalt provide on-street parking along NE 7t Street and NE 6f" Avenue in coordination with the City Engineer and Planning Department; 5i#e Plan Review and Appearance yard Staff Report: Meeting of 02/20/08 Office ~epotlCVS - Class V Site Plan, Landscape Plan and Architec#ural Elevations Page 19 6. That the City Engineer shall set the cost of improvements and beautification obligations on Federal Highway and the applicant shall comply with this requirement before issuance of a building permit; 7. That a fifty foot (50') special building setback along George Bush Boulevard shat[ be provided from the centerline and be depicted on the site plan and engineering plans; and 8. That a contribution of $22,000 is paid prior to certification of the project for the installation of two Paim Tran bus stop shelters (one on each, NE 5t" Avenue and NE 6~" Avenue} Landscape Plan: Move approval of the landscape plan for Office Depot and CVS Building, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the fallowing conditions: 1. That three (3) copies of the revised plans are submitted. Archifecfural Elevafions: Move approval of the architectural elevations for Office Deport and CVS Building, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E} of the Land Development Regulations. Atfachmenfs: Appendix "A ;Appendix "B'; Slfe Plan; Landscape Plan and Archifecfural Elevations. Sfaff Reporf Prepared by: Senior Planner, Senior Planner ~~ PT Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant #o Objective B-2 of the Land Use Blement of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City #o fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ^ The property is currently served by a 6" water main located along NE 8tr, S#reet r-o-w which will probably have to be up-graded to an 8" water main in coordination with the City Engineer. ^ Sewer ^ Adequate fire suppression will be provided via ins#allation of a fire hydran# along NE 7th Street and NE 8th Street. A technical item is attached that the nearest fire hydrant is noted on the engineering plans along NE 5th Avenue and NE 6th Avenue. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: A traffic statement has been submitted that indicates that the Office Depot and CVS . buildings will generate only 23 a.m. peak hour net new trips and 92 p.m. net new peak hour trips. A letter from the Palm Beach County Traffic Division that indicates a finding of Concurrency for the proposed development has been provided. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The trash generated by the retail use cansis#ing of a 19,002 Office Depot building and a 13,203 sq.f#. CVS building will be 164.24 tons per year (32,205 x10.2 = 328,491 12,000 = 164.24}. The total trash generated by the proposed development will be 164.24 tons per year. This will be a net increase of 97.43 tons per year compared to the car dealership, which generates approximately 66.81 tons per year (14,526 x 9.2 = 133,639 / 2,000 = 66.81}. The Solid Waste Authority-has indicated that its facilities have sufficient capacity to handle all developmen# proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Drainage: Drainage will be accommodated on site via an exfiltration system with an outfall into the Federal Highway system. There should be no impact on drainage as it relates to this level of service standard and there are no problems anticipated in complying with SFWMD requirements. Schools: The project contains no residential component. Therefore, school Concurrency is not applicable. A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not a licable Meets intent of standard Does not meet intent X -This standard will be met once the attached conditions of approval pertaining to the photometric plan have been addressed. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not a licable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable ~ X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic .circulation modification may have upon an existing neighborhood. [f it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable ~ X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned far residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable ~ X_ Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable ~ Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Mousing Element. Not applicable j X Meets intent of standard Daes not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not a licable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, ar exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard ~ X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of ail new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable I X Meets intent of standard Does not meet intent t ~I D war I~~a D N.E. 1 i TH ST. O a M N.E. 10TH ST. N.E. 9TH 5T. 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On apCa~lm am-- ....R - YOibL • N]Yq AYIt1q • H Y1M •'AAYI'MI~GY Y !NL 17 W~21t/ "b-'i''d 'NOl'IIWHii 'Q 1N z _ a0 w N~ t ~~ ~VJ i!1 o~,~ :n ~ awe ~~~~ oo°x~ Z a J U~ ~~ ~c yam. ~ Q 4 ~~ 4 aY ~~ ~~ SIEGEL, LIPMAN, DLINAY, SHEPARD ~ ]~/~ISKEL. LLP GARY 5. DUNAY Tl-[E PLAZA • SUkTE 801 1561) 368-7700 KENNET} yy. LIPMAN 5355 TOWN CENTl~R ROAD FAX: C561) 368-9274 BONNIE MISKEL JONAT3-iAN L. SHEPARD CARL E. SIEGEL BOCA BATON, FLORIDA 33486 WWW.SLDSMLAW.COM SCpTt• BACKMAN LINDA B. LYMAN January 28; 2DD8 Paul Dorling, Director City of Delray Beach Planning & Zoning Department 100 NW 1$t Avenue Delray Beach, Florida 33444 ~~ ~. =' •~ t!_7 is ~ ~~ ~~f ~? l~ JAt~# ~ ~ ~~~~ ...#~11! ~I ~, p?~~ ~~ ~~ ~~~4t~~~~#~ ~ ~~il;~s~ Re: Waiver Request for Office DepotICVS Building {700 SB 6~' Avenue) Dear Mr. Dorling: On behalf of our Centres, lnc., the Developer of the proposed Office Depot/CVS located at 700 NE 6"' Avenue, requests that you please accept this letter as a formal request for waivers in accordance with Land Developmen# Regulation Section 2.4.7(8} ("Applicant"). The specific waivers as well as the justification for the waivers are detailed below: REQUEST FOR PARKING WAIVER Parking Requirement LDR Section 4.5.9 {D)(3)~c~ The City's Land Development Regulations regarding parking for the commercial site requires 4.5 spaces per 1,000 square feet of building area. Using- these calculations the proposed site plan would require a total of ~ 55 spaces, white the applicant is proposing a total of 93 spaces. The applicability of the City's parking requirements to the subject property is excessive given its proximity to the Downtown area and the site's location on U.S. Highway 1, a major mass transit can-idor for the City of Delray Beach as well as Palm Beach County. The City's parking requirement was designed for suburban settings, whereas the subject property 'ts being regulated by other land Development Regulations that encourage a more urbanized development. Office Depot stares do not generate the same parking demands as general retail. Mast Office Depot business is catalogue and online orders. Many private businesses place orders directly from the store and have items delivered to their offices. Office Depot stores also commit a large amount of the stores square footage to furniture and product displays as well as to the storage of excess furniture and products currently not being displayed on the sales floor area. Additionally, Office Depot also provides an in store copy center. Fifty percent or more of the Office Depot square footage is dedicated to this ':.storage, display, artd copy center area. The proposed Office Depot is 19,002 square feet. The actual square footage of the building that should be considered for parking calculations is 9,501 square feet Thus, the required parking for the Office Depot should be 43 spaces, based upon the actual square footage utilized by customers. .. -~ The proposed CVS building footprint is 13,203 square feet. The mezzanine is 2,078 sf which makes the total square footage 15,281 square feet. The mezzanine area will not be utilized by customers_ Also, the CVS provides a minimum of ~40 percent of the footprint far storage of consumer gaods_ The actual square footage of the building that should be considered for parking calculations is 7,921 square feet which makes for 36 , parking spaces. The two developments together suggest that a minimum of 79 parking spaces be provided if providing 4.5 spaces per 1,000 of building. We are providing 93 on-site parking spaces. Rarely da you ever see mare than 10 people parked a# an Office Depot including the employees in particular the newly constructed Office Depot to the south of our property. Unfortunately, it is difficult to calculate parking specificalEy far Office Depot stores because they are often inline stores in Earge shopping plazas. Mast importantly, considering the proximity of the Office Depot and CVS, it is expected that the occupancy of a single parking-space will be used to satisfy two trip purposes. We are providing 93 spaces onsite far both the CVS and the Office Depot. Currently, there are approximately 20 an-street parking spaces adjacent to our site along the west side of NE 5~' Avenue (southbound US Highway 1) which must be far the existing Car Dealership. There are na other developments in the immediate vicinity that the an-street parking could be used for. The Car Dealership is to the east and train tracks to the west. We ask that you please consider these spaces as available parking for the- proposed development which would increase the number of available parking to 113 spaces. The Applicant is also willing to accommodate additional parking along NE 6t'' Street (northbound US Highway 1) if the City feels it is necessary to pursue with FDOT. The Applicant believes that this waiver is desenled and warranted due to the nature of the proposed use and the Applicant's willingness to provide additional parking off-site. REQUEST FOR BUILDING FRONTAGE AND SETBACK WAIVER Building Frontage ~ Se#backs LDR Section 4.4.13(F}(4J(b} and (c} The City's f.and Development Regulations requires structures to be situated close to the roadway in order to create a more urban type of development. See tables below far required and provided setbacks and frontage requirements. ~. ~ ~ ~ Office depot and CYS BuTidirig Roadl Buildin ~ ~° Building ~° Required Required , . E~t~ilc~ng, Proposed` Comply.: wILDR~i ~u~Eding g HeigFit Frontage ; ~ ' ' Setback at ~ a B;uilding Side- , = (m~r~lmax~k . a ~ Se FFOntage? r ; ; X , hl .. <~fE _ 6m , Finished ~ ~ 70P .190% 10' max 964' 1211' 123' " grade to Avenue - 37 234' Lot Remaining 95' min. 70' 1 23' fi5' -~ Frootage length ~6_ Q€fice [7epoYand CVS Bvf(dng•.;; l3oad/ ldi ;; g 6uildrn o - ~a Budding ', Required' Requt4ad ~ l3ttdclrtl9 P rv osed , ~ :Comply: 'wlLDR? ng ,~ut Heighk Frontage, ` Setback Froaka e at Buitdrng ` Srde (miNmax ) g ; ~ Frorstage . Setback ; Y. N m NE ~ 5 - Finished grade to 70% .l 90% 10' max 162' 1209' 0' ~tve~ue . 3T 232' Lot Remaining length 15' min. 70' 123' 241' * - Frontage Qf#ice Depot and .CVS Budding t~aadl ~ d[i $ Building °, ro Building Required Required Building P-ropgted Coin P Y wl mg k e 5rde' - Height Frontage + (mrn/max)r ~ S.et6ack ~fro'riiage. at B.urldEng FEOnta e " - :LDR?~ '. g . ,. . -~ Other ' ~'s` Finished grade to 70% ./ 90% 10' max 91' ! 11 T 3' ~-R O=W ' ~ 4 ' PIES 8th 25 130' Lot Remaining 15' min. 39' 113' 151' * , Stet ,,;: Frontage length ildirig - ' Regdtred - ~ `Comply %._ B~ild~ng Proposed = 7. - Required Burl`clrng Vul esurrc~ing Hergttt l=ro;~talge ~ ~ Setback` >~roj itage at Btttdmg = !_DR~ ' Srde~ ~ (rrrinln~ax) } ` ~ frontage Setf i ck Othdr R C_UV Finished grade. to ' 70% .190% 10' max 151' 1194' 0' 25 lVE 7th :_ 215' Lot Remaining 15' min. fi5' 122' 23' ' Street Frontage length As noted above, the City's LDR's regarding building frontage were designed to promote a mare urbanized feel along major roadways such as US 1. The City's LDR's did not envision the rare situation where a parcel of land would be bounded an all sides by roadways. Although Applicant does not fully meet these frantage requirements, the Applicant has provided a decorative wall along NE 5t" Avenue and NE 6t:' Avenue in order to create the same feeling of urbanized development that the City is looking for, This decorative wall is similar to that of the Pubfx to the south; the Applicant is attempting to follow that same site design concept. The Applicant contends that the decorative waft would provide a more aesthetically pleasing frontage along US Highway 1 (NE 5~' Avenue and NE 6th Avenue) rather than a solid structure. The building frontages along NE 7t" Street and NE Stl' Street cannot be modified without interfering with the 4Q foot clear line of sight triangles at all intersections as required by the City's Land Development Regulations. As previously mentioned this site is constrained by the --~- fact that it is bounded by four streets_ The linear frontage along NE 8~' Street and NE 7th Street is relatively limited in order to accommodate the required sight triangle, the r®quired building frantage as well as the required ingresslegress to the site. In addition, the fact that the subject property is bounded on all 4 sides, the frontage requirements create a signifcant hardship on developing the property with the proposed use. The Applicant believes that this waiver is warranted due to the physical site constraints of the property's location on 4 roadways. We believe the proposed development will compliment the newly constructed buildings in the immediate vicinity. REQUEST FOR STACKING DISTANCE AT DRIVE-THRU WAIVER Stacking Distance at Pharmacy LDR Section 4.6.9(D}(3}(cJ(2} and (3} The City's Land Development Regulations require the Applicant to provide a ~ 00 foot stacking distance for the proposed pharmacydrive thru. The Applicant has provided a 65 foot stacking distance and requests a waiver of 35 feet. t'harmacy drive thrus are provided as a convenience to customers. Typically, they are utilized for special need customers (the elderly as an example), parents with sick children, or customers who have no other needs other than prescription drop off or pick up. This customer base is minor and does not represent a significant number of vehicular trips. A stacking area of 65 feet is more than adequate to handle the flew cars per hour that come through the drive thru. Rarely is there a line that would utilize the full 'I QO foot requirement at the drive thru for those wishing to utilize this convenience. The current stacking distance accommodates approximately 4 cars. The additional 35 feet that is required by the Land Development Regulations would only accommodate an additional 2 cars. The Applicant maintains that because the City requires the site to comply with urban development standards, the reduced size of the proposed drive thru complies with such development. Therefore, the Applicant feels that this waiver is deserved based on the minor traffic generation rates of the proposed drive-thru and the Applicant's commitment to a mare urban development within the City of Delray Beach. REQUEST FOR STACKING DISTANCE WAIVER Stacking Distance along egress/ingress driveway on NE 7th Street LDR Section 4. S.9(D}(3)(c} The City's Land Development Regulations require the Applicant to provide 50 feet of stacking for the egresslingress driveway at NE 7~' Street on the east and west side. Neither the east nor the west sides of the driveway do not meet this minimum requirement. As previously mentioned, this site's location between 4 roadways presents several site development limitations and restrictions. Currently the site plan shows parking on the east and west side of the driveway where stacking would be required by the land development regulations. The east side of the egresslingress driveway is the entrance to the proposed Office Depot. In order to meet the stacking requirement on the east side of the Applicant would need to eliminate 3 parking spaces at the front of the building. The elimination of the parking spaces in order to meet the stacking requirements is not in the best interest of the overall site design and the general intent of the City's code requirements. The Applicant feels that it is more important to the overall function of the site to maximize the amount of parking provided on the site. The additional grass area that would be created in front of the proposed Office Depot building would create an area of additional landscaping that would not serve a specific purpose and would not contribute to the overall function of the proposed site plan. Additionally, the need for the entire 50 feet of stacking is not a critical element to the function of the site plan, as the subject property has access to and from the site on all 4 sides of the site. The Applicant feels that this stacking requirement was intended to accommodate traffic access to and from a site that has 9 or 2 access paints. This is not the situation on the subject site, which is bounded by and has access to 4 streets. The City should grant the proposed waiver in order to accommodate additional required parking and eliminate an excess of unusable space an the site. REQUEST FOR SITE TRIANGLE WAIVER Visibilify Triangle at NW & SE Corners of Site LDR Sec#ion 4.6.94(A} The Applicant is requesting a waiver from the visibility triangle requirements at the northwest and southeast corners of the site. The proposed site plan shows that the buildings are currently encroaching into the proposed sight triangles. The City of Delray code regulations require that the Applicant provide an urban development which includes pulling the buildings up towards the roadways. However the City's development regulations do not account for the rare situation where a site is bounded by roadways on all flour sides. The northwest and southeast corner visibility triangles are not necessary because the traffiic flow on NE 5~' Avenue and NE 6~' Avenue are both one way. As such, the sight triangles are not warranted because the traffc flaw in both cases does not i'nterFere with the visibility triangle encroachment. visibility Triangle at Entrance of NE 5t~' Avenue LDR Section 4.6.94(A~ The Applicant is requesting a waiver from the visibility triangle requirements at the driveway entrance/exit off of NE 5t" Avenue {southbound US Highway 1}. Currently the site plan shows a trellis that encroaches into the visibility triangle on the south side of the egress/ingress driveway. In order to meet the urban development style that is required by the City ofi Delray Beach, the Applicant has constructed a wall with trellis features similar to that on a site in the general vicinity. As previously mentioned, the subject site is bounded by 4 roadways, 2 of these roadways have one way traffic flow. As was the case above, this waiver should be granted because the sight triangle on the south side of the egresslingress driveway does not interFere with vehicular visibility lines. The traffic flaw on NE 5t~' Avenue (southbound US Highway 1}only travels from north to south, therefore, a person exiting the driveway onto NE 5~' Avenue {southbound US Highway 1}would only need a clear line of sight to the north far the oncoming traffic. The Applicant respectfully requests a favorable recommendation from staff related to the above-mentioned requested waivers. Should you have any questions, concerns, or if you need additional information please do not hesitate to contact me a# (561 } 237-1537 or Heidi Henderson at (954) 777-3923 ext. 301. Sincerely, Bonnie~L.~Mi ~el Siegel, Lipman, Dunay, Shepard, & Mickel; LLP SIEGEL, [.,,IPMAN, DuNAY, SHEPAR.D F~ ]~/~ISKEL, LLP GARY S. DllNAY KENNEr1-i W. L[PMAN BONNIE MISKEL JONATHAN L. SHEPARD CARL E. SIEGEL THE PLAZA • SL7CTE 80 i 5"'u55 TOWhE CENTER ROAD BQCA RATON, FLORIDA 33486 (561) 368-7700 FAX: SS6 i) 358-9274 WWW.SLRSMLAW.COM SCOTT HACKMAN LINDA B. LYMAN March 11, 2008 Paul Dorling, Director City of Delray Beach Planning & Zoning Department 100 NW 1 ~ Avenue Delray Beach, Florida 33~F~44 Re: Shopping Center consideration for Offce DepotIGVS Building {700 SE 6'" Avenue) Dear Mr. Dorling: On behalf of Centres, fnc., the Developer of the proposed Office DepotlCVS located at 700 NE S~ Avenue ("Applicant"}, we respectfully request that you reconsider our proposed development as a shopping plaza instead of retail. The proposed development will consist of a CV5 and an Office Depot. The Applicant believes that this development meets the intent of the definition fora "Shopping Center_n The definition states, "A group of commercial predominately retail or service establishments planned, developed, managed, and operated as a unit and which utilize a common parking area." The proposed shopping center is being planned and developed as one single retail center. Additionally, the proposed shopping center will be owned, managed, and operated as one unit by the Applicant. CV5 and Office Depot are going to be leaseholders of their respective portions of the property and-will be sharing from one common pool of parking. Additionally; the Applicant will record a shared parking agreement for the shappirtg center that wilt allow cross parking on the site. The land development code states that shopping centers are required to provide 4 parking spaces per 1,000 square feet of building area. The Applicant is proposing to provide 93 on-site and 26 parking spaces adjacent to the shopping center on N.E. 5~' Avenue (U.S. Highway Na_ 1) and N.E. 7~` Street. Landscape .islands are proposed every a parking spaces per code_ This leaves a deficit of 19 parking spaces. However, the additions would greatly improve the streetscape along N.E. ~~` Avenue {U.S. Highway Na. 1) and N.E. 7~' Street. Should you have any questions, concerns, or if you need additional information, please do not hesitate to contact me at (569) 237-9537 or Heidi Henderson at (954} 777-3923 ext. 309 . Sincerely, ~~ Bonnie L. Miskel Siegel, Lipman, Dunay, Shepard, &Miskel, LLP .1 r,v~ ,., ~,.,. N1{ld ~11S a ccMUthSel.~we IILtt V 'MMM.li3 uu~wvw ~.xwa w+rAe+~ww.rl..ouaxmol ~ N ~ ~ ~ N w z° s ~ .w...e.,,w.a ~ .~."p.3 aau~ug yaay-nng •au `~u n swl~~.~a .u n>r m/aVl Ivrihi Igriexrxr~ ~ ~ a N ~ ~ ~ S o 3 g o ~ ~~ ~ ~ w a ~ N ~ ry Y '`' ~ ~~ Z p ,aid u~ SAS/lOd~q ~~IddO a t& ~5 ~ ~ ;e ®~a ~ ~ ,~~ >=Q~ k E ~! ~~~ ~~ 3 ~~ ~ ~ t ~ ., _ _ a - „ 3 .u t. g {t -- k .t _ ~, y __ -__ ~ ~ ~, ---- __ aid t aE *_ t^ .~r._.._, -- r`p~i ~~% o ,F z.~_.~ ~' _ ~'--1 Crb .r.'.~.' .- - - o _ - r P ss ry ~ q .1 _ _ _ 1 ~E i~ Psi N - •.~...." - ~ I ~ d a~az u k R_ ~ ~ . r ~~ i e " $ ,? ( a al4 II ti e % ~"a l~ - ~ al .K ~ - Wj~ 1 ~~ fI~3~IS za ~ a ~~f x4 4 m ~` 1~~ "a ~,~~ gas ~~q~ ~ •~ f ~'` Y °ww ~_ g~ ~ ~ I. ~ s~ ~~ lLi~ i l 1 0.Q ~ ~°~ ~ } i ~~~~~ a ~ K ~ ~ ~ 1 ~ a 1~ 'I ~ Q3~~ ~ ~ IIESI ~~s~~~~ li v e >i ~f f~ ~ ~3 ~ ~ I 1 1 ul ~ .vl ~ ~: ~d p ~R ~ ~a ~ I I ~`~ I ~a~a ~~ 8k~~ v ~3$3 I ~ C-v ~~ ,~ ~~~ ~~ "~ 1 ~~ ~ ~; ~~ ~~ ~ ~ ! _ Kai i Izui~,4 ~ ~ vl Y ~ ~ a ~ I~;~ ~ 1 "; p@~ ' sl ~~il _ ~ ~ ~t-Y~ tl -- I~ `~w0~ I a ~ Pt H ~ e a I,~-~~ C gad I ~ I I 3. ~rkYU~w lnl1~v~x ,{ _ \ Zen ~ _ q I3 ~•I .~ ~ ~ f ~ % A ,.~ t~ Jv'a 1~ ~~ A~j I 1 n ~ C` I~ W ~~~ 1 f ;r Ol ~~~~$Cg~ @ r•~ 1 I~t/ it '` JO~ ~ ~ ~} 1 r I r Ir i s~g ~~~ I!:-._- i ~ © I @ 3 Y i 3~ '' I 1-cl SID ly ... 11`1 _ ___ I___ '~____ ~~ ____~~___ I .~ I ~~' • ~ ~ ' f 11 - 1 I I~ g 1f f r' O O ~~ 1 A f `tl ~ JY'v 1" _ I t`~ ~I y~ ~ 1 T _ ~ pj T ~ ` - 1 f vt ° ^ _ _ ~q Y ~I I +1' I 1 ~'f ~ ~ '~ ~~ ¢~ ~ wrv~ ~ ry I I I 4 Jf l I ~ ~! lip e~ +~ ~~g ~ ~ I~ $ D'~ ~ ~'~ ~~~ ° ~~$ I p~~~. 41II +,~~ I 11 p ~~ I 9.6 ~ c' i O~ .ui ~ ~ vl Ip ~ ll '~Zx f 'r !! id - f ~ ~ I ~ a 1 I ct ~ ~ i i ~' r i?.~ I ~J IE ~~ f 5 ii ;, n i" .. ~1 I i. " + - 5 _ - _ _ __ ___ __. ~' , ~~ ~ ~ 1~3if1S 4 L' ~a ~~~t~~ f v a ~i 1 I 0 ,. - _______.~-s-.-~ -- - -~-- *°--- ' -- -- ---+--r-r WHERE PlAYIIVG !N TRAFFIC IS SERIOE~S 8U51lVESS March 8, 2008 Ms. Bonnie Miskel, Esquire Siegel, Lipman, Dunay, Shepard &Miskel, LLP 5355 Town Center Road, Suite 801 Boca Raton, Florida 33468 RE: PARKING OCCUPANCY STUDY CVS PHARMACYIOFFICE DEPOT CITY OF DEt_RAY BEACH, FLORIDA ERNEST-JDNES TINTER PROJECT NO. 07-2044.TA Dear Ms. Miskel: Per your request we have completed a parking occupancy study of similar type developments associated with the proposed CVSIOffice Depot development planned to be located-along North Federal Highway between NE S~' Street and NE 7~' Street in the City of Delray Beach. As you are aware, the proposed development is to have 155 parking spaces to be code compliant. The site plan as planned will provide for 93 on- site parking spaces. The purpose of the Parking Occupancy Study is to document real time parking occupancy at similar facilities. One candidate site is a freestanding Office Depot development located at 4809 North Federal Highway in Boca Raton. More specifically the site is Incated on the west side of North Federal Highway just south of Yamato Road. Access tv and from the site is along NE 50~' Street to the north and NE 49~` Street to the south. There is no direct access to North Federal Highway. Weekday hours of operation are 7:00 AM to 9:00 PM. The second candidate site is a Walgreen'slOffice DepotlCity National Bank site located at 1015-1110-102{3 South Federal Highway in Delray Beach. More specifically the site is located an the west side of South Federal Highway north of Linton Boulevard. The Walgreen's development is the northerly most land use on the site. Office ^epat is immediately to the south. Access #o and from the site is along both Northbound and Southbound South Federal Highway (one-way pairs). Access driveways to South Federal Highway bisect the Walgreen's and Office Depot parking areas. The bank site is located south of the Office Depot site. Weekday hours of operation for Walgreen's are 7:00 AM to 10:00 PM while Office Depot has weekday hours from 8:00 AM to 9:00 PM; The bank is open from 9:00 AM to 4:00 PM Monday- through Thursday with extended bank hours to 5:30 PM on Friday. The layout of the existing site indicates that 1lValgreen's has 69 parking spaces, Offce Depot has 51 spaces and the remaining 24 spaces are allocated for bank business. Discussion with an Office Depot store manager indicated that peak periods occur between 11:00 AM and 1:00 PM and later in the afternoon between 5:00 PM and 6:30 12500 West Atlantic 13tvc#. Coral Springs, FL 33071 Phone: 954.344.4855 Fax: 954.341.596] www.rejce.com Siegel,- Lipman, Dunay; Shepard& Miskel, LLP March 6, 2008 Page 2 PM. Accordingly, parking occupancy at each of the candidate sites were recorded between these periods. The aftached table has been prepared. The tap portion of the table records the parking occupancy at the Delray Beach study site. When combining the parking activity far the Walgreen's por#ian of the development with that of the existing ©ffice Depot, maximum parking occupancy occurs at 5:20 PM where 43 of the 120 spaces, or 36°la, are occupied. The bottom left portion of the table summarizes the activity at the freestanding Boca Raton site. As noted, maximum parking activity was recorded at 11:15 AM where 33 of the 152 spaces, or 22% were occupied. In conclusion, Lased on the collection of exiting parking occupancy at similar facilities, the proposed parking supply of 93 spaces at the planned CVS/office Depot site can mere than adequately accamrnodate the maximum parking demand. As always should you have any questions regarding ibis matter ar wish to discuss it further please feel free to contact me directly at (g54) 7520322. Sincerely, Dennis J. Miller Senior Associate Traffic Engineering DJM:djm 20U8 Q306parklaottupancy,dac xc: Heidi Belle Henderson Manny Varella ~~~~ WH ERE PLAYING k4 TRAFFC 15 SFRi0U5 BU5:NESS Y m~ ~~ O ~' }~ ~ A F- Uz m ~~ O ~~ U~ c ~o ~ O r !L ~~ ~s ~ F; `~~ n # ~ 4 a p O ~ ~~~~~ r~ , r a-O:oa ~$ s~v~~en c°v ~~~'~~ 4 cg E C y m ~ -` ~ , ~ NYMMN ~ ~~ ~ p V i 9 t 9 } ~ 3 # !s s*J-0 ~' a c. a a ; u~ :o, o w Fy~~ 6 !J ~iC~ ' ~ A~ ~ ~-"~ p m D n` S~$ ° 0000 p~ m p~ p t9~~i")N N r~~ W ~'` n~ O m°prnn ~n<vcn w ~m ¢¢¢aa aa~a~ ~ F u~xS~M~ ~Ri $~ ~ °"~~" . ~i ~n mcU e P VV ~~~n ~ o 0 emu a 0 0 0 mc~ ~a~~+'a en N N NN 0 [~i ci vi rs Cl NN ~m ~~ _ ~ 8 a . D ter: ~~ rrr`a 4 y o~ ~ a c? i ~ ~a aa ~~ ° F io a &i3 ~ oc~v e ~ °; err oai ~:n .@p ~ Oo 00 0006 w8 P ,,I n~e~M1O c~c~~°n chi `~' ~ II rc`~'v~nr °.mi~c+i t'v ~ ~F T~ ~~ ~~~' 4 w s (~„ U ~ G T ~ x 3 U ~ O n~ ~ ~ z° a S v ~~o ~a voa O~'m ~CI r Y] eI [7 NN ~rN ~~~ n~ ~r ~~~ S e~ ~e y~ OU s~ ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: ESTELIO BRETO, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 12, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 WAIVER REQUESTS/OFFICE DEPOT AND CVS PHARMACY DEVELOPMENT PROPOSAL ITEM BEFORE COMMISSION Consideration of three (3) waivers, one to reduce the required visibility triangle on the south side of the intersection of the driveway to NE 5~' Avenue from 20' to 15'; and the other two, to reduce the required visibility triangles at the intersections of N.E. 5~' Avenue and N.E. 8~' Street and at N.E. 6~' Avenue and N.E. 7~' Street from 40' to 30'. BACKGROUND Waiver Requests LDR Section 2.4.7(B~(5) Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting reduction in the sight visibility triangle for the south side (left) of the driveway entry to N.E. 5th Ave. Since traffic flows from the north (southbound) on this one-way section of NE 5th Ave. (Federal Highway), the reduction of the sight visibility triangle on the south side (left) will not create an unsafe vehicular traffic situation. Granting the requested waiver will not have an adverse affect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. Similar waivers have been approved for other projects in the CBD District, such as, Renaissance Village, Cityscape, and Pineapple Grove Village. This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Pursuant to LDR Section 4.6.14(A)(2), a 40' sight triangle is required at the intersection of N.E. 5th Avenue and N.E 8th Street and at the intersection of NE 6th Avenue and NE 7th Street. The applicant has requested a waiver to reduce the required visibility triangles at these intersections from 40' to 30'. The following is an analysis of these waiver requests: In each case the waivers involve areas that do not experience opposing traffic flows, south side of NE Str' Avenue (southbound) and northside of NE Gtr' Avenue (northbound Federal). As no traffic will be approaching from each of these directions relief would appear appropriate and supportable. Therefore, granting the requested waiver will not have an adverse affect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. Similar waivers have been approved for other projects in the CBD District, such as, 5th Avenue Flats, Cityscape, and Atlantic Shores project at the N.E. 2nd Avenue intersection. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. REVIEW BY OTHERS The Site Plan Review and Appearance Board (SPRAB) reviewed the waiver requests at their meeting of February 27, 2008 in conjunction with review of the Office Depot and CVS Pharmacy development. After a brief discussion, the Board moved a recommendation of approval of each of the waivers on a unanimous vote of 4-0. A detailed description and analysis of the proposal is contained within the attached SPRAB Board staff report. RECOMMENDATION By separate motions: Move approval of the waiver request to LDR Section 4.6.14 (A)(1) to reduce the required twenty foot (20') sight visibility triangle to fifteen (15') at the intersection of N.E. 5th Avenue and the western most ingress and egress driveway of the site, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). Move approval of the waiver requests to LDR Section 4.6.14 (A)(2) to reduce the required forty foot (40') sight visibility triangle to thirty feet (30') at the intersection of N.E. 5~' Avenue and N.E. 8~' Street and the intersection of NE 6~' Avenue and NE 7~' Street respectively, by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with LDR Section 2.4.7 (B) (5). Attachment: - Site Plan Review and Appearance Board Staff Report SrTE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPQRT--- MEETING DATE: February 20, 2008 AGENDA ITEM: lv. B. ITEM: Class V Site Plan, Landscape Plan, and Architectural Elevations associated with the construction of a 19,002 square foot Office Depot building and a 13,203 square foot CVS building with adrive-thru lane. GENERAL DATA: Applicant .......................... .. Agent ........................................ Location ..........:..........•-------....... PropertySize ............................. Future Land Use Map............. Current Zoning ........................... Adjacent Zoning ..............North: East: South: West: Existing Land Use ..................... Proposed Land Use .................. Water Service ........................... Sewer Service.........-• ............... Art Taylor Heidi henderson 700 NE 6th Avenue 2.32 Acres CC {Commercial Care} CBD (Central Business Distric) GC (General Commercial} CBD {Central Business Distric} CBD {Central Business Distric} RO (Residential Office) Car Dealership Retail The property is currently served by a 6" water main located along NE 8th Street r-o-w. Sewer service will is currently provided a service lateral connection to an exis 8" sewer main located along the NE Avenue r-o-w. ~- IV. B. The development proposal incorporates the properties consisting of Lots 1-11, Lots 34-39, and Lots 63-64 together with NE 7th Court lying east of the R-O W line of NE Stn Avenue and west of the west R-O-W line of NE 6'~ Avenue, all lying in the McGinley Gosman Subdivision as recorded in Plat Book 2, Page 87 of the public records of Palm Beach County. The subject property measures 2.32 acres and is located on the west side of NE 6th Avenue between NE 8th Street (George Bush Boulevard) and NE 7th Street (700 NE 6th Avenue). The properly has a Future Land Use Map designation of CC {Commercial Core) and is zoned CBD (Central Business District). It currently contains four buildings totaling '17,709 sq. ft. far Maroone Chrysler including auto part safes and an automotive safes showroom office that was built in 1995. At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with a rezoning request for the subject property. The Board unanimously voted 5-0 #o recommend approval to the City Commission .of the rezoning from GC (General Commercial) and AC (Automotive Commercial) to CBD (Central Business District), for properties located between NE 4th Street and George Bush Boulevard -and extending from the FEC Railroad to approximately '/2 block east of NE fith Avenue excluding the properties occupied by Acura of Delray Beach. At its meeting of December 5, 2006 the City Commission approved the rezoning from GC (General Commercial) and AC (Automotive Commercial) to CBD (Central Business District), for those properties. A Class V site plan to build a "19,000 sq. ft Office Depot building and a 13,012 CVS Pharmacy building is now before the Board far action. ~,. x .~ _ , The development proposal incorporates the following: , O Demolition of the four existing car dealership buildings; ^ Construction of a 13,203 sq. ft. CVS building with adrive-thru lane on the northwest side of the properly; ^ Construction of a 19,002 sq. ft. Offrce Depot building on the southeast side of the property; ^ InstaElation of a 5' High decorative wall along the perimeter of the site; © Insta[latian of a loading area and two dumpsters; and, ^ Installation of two bicycle racks and associated landscaping. Site Plan Review and Appearanc[ ,ard Staff Report: Meeting of 02/20/08- ' Office DepotICVS - Class V Site Plan, Landscape Plan and Architectural elevations Page 2 The Class V site plan application also includes a special action far the reduction of parking spaces, and five (5) waiver requests to the following sections of the City's Land Development Regulations: 1. Special Action Request pursuant to LDR Section 4.6.9(F')(1), which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specifc use; 2. A waiver to reduce the minimum staking distance from the first point of transaction of the proposed CVS building drive-thru lane from ore hundred (100') feet to sixty five (65') feet [LDR Section 4.6.9(D) (3) (c) {2)]; 3. A waiver to reduce the minimum stacking distance from 50' to 26' far the access driveway from NE 7th Street r-o-w to the first parking space. [LDR Section 4. A waiver to reduce the required twenty foot (20') sight visibility triangle to fifteen (15') at the intersection of N.E. 5th Avenue and the ingress and egress driveway located on the west side of the property. [LDR Section 4.6.14 (A)(1)]; and 5. A waiver to reduce the required forty foot (40') sight visibility triangle to thirty feet {30'} at the intersection of N.E. 5th Avenue and N.E. 8th Street and the intersection of NE 6th Avenue and NE 7th Street. [LDR Section 4.6.14 {A}(2}]; and 6. A waiver to reduce: • The required building frontage along NE 6ih Avenue from a minimum of 152' to 0'; the maximum setback from 10' to 18'; and to increase the remaining length of the budding frontage from 70' to 137 ; • The required building frontage along NE 5th Avenue from a minimum of 219' #0 0 ;the maximum setback from 10' to 10.6'; and to increase the remaining ..length of the building frontage from 94' to 267'; + The required building frontage along NE 8th Street from a minimum of 151 ` to 0'; the maximum setback from 10' to 18.22; and to increase the remaining length of the building frontage from 64' to 96'; and • .The required building frontage along NE 7th Street from a minimum of 91' to 46'; the maximum setback from 10' to 12 ; and to increase the remaining length of the building frontage from 64' to 0' Pursuant to LDR Section 4.4.13{F)(4}. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action an the site and development applicationlrequest. LDR Section 4.3.4 - Deveto ment Standards Matrix: The following table indicates that the development proposal meets the requirement of LDR Section 4.3.4(x). However, the proposed development does not meet the requirements of LDR Section 4.4.13(F} as they pertain to the Central- Cvre area of the CBD zoning district. The Site Plan Review and Appearance .yard S#aff Report: Meeting of 02120/DS Office E3epot/CVS - Class V Site Plan, Landscape Plan and A~chi#ectural ~leva#ions~ Page 3 applicant has requested an internal adjustment to these requirements. Analysis of the requested internal adjustment is discussed later in this report. Building Setbacks (min~f: Fronf {Norfh) Rear {South} Side Street (East) Side Street {West) See Discussion Below 10' 10' 0' 10.6' 0' 17.$3' Buildfi4 Heighf: Open Space: 48' I 34'-6" #0 3T-6" 10% ~ 23.5% Building Frontage and Front Setbacks: Site Plan Review and Appearanc( ,ard Staff Report: Meeting of 02/20/08 ~ Office DepotICVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 4 The above table indicates that the development proposal does not comply with the requirements of LDR Section 4.4.13(F) {4} with regard to Building Frontage and front setbacks {as required by the CBD Design Guidelines) along NE 5th Avenue, NE 6th Avenue, NE 8th Street and NE 7tn. The applicant has requested a waiver: • To reduce the required building frontage along NE Stn Avenue from a minimum of 162' to 0'; the maximum setback from 10` to 18'; and to increase the remaining length of the building frontage from 70' to 13T; • To reduce the required building frontage along NE Stn Avenue from a minimum ofi 219' to 0'; the maximum setback from 10' to 10.6'; and to increase the remaining length of the building frontage from 94' to 267'; • To reduce the required building frontage along NE 8tr` Street from a minimum of 151' to 0'; the maximum setback from 10' to 18.22; and to increase the remaining length of the building frontage from 64' to 96'; • To reduce the required building frontage along NE 7tr' Street from a minimum of 91' to 46'; the maximum setback from 10' to 12'; and to increase the remaining length of the building frontage from 64' to 0'; Site Plan Review and Appearance lard Staff Eieport: Meeting of 02/20/08 t Office DepotICVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 5 Waiver Analysis: Pursuant to LDR Section 2.4.7(B) {5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and {d} Does not result in the grant of a specia[ privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification with regard to the waiver request: "The City's LDR's did not envision the rare situation where a parcel will be bounded on aN sides by roadways. Alfhough the applicanf does not fully meet fhese fronfage requirements, fhe applicant has provided a decorafive wall along NE 5~' Avenue. and NE 6~' Avenue fo create the same feeling of urbanized development that fhe City is looking for. This decorative wall is similar fo fhaf of Public to the south; the applicanf is attempting to follow fhaf same site design concept. The applicant contends that the decorafive wall would provide a more aesthetically pleasing frontage along NE 5~' Avenue and NE 6~'' Avenue than a solid sfructure." The site is constrained by the fact that it is bounded by four roadways. The frontage along 8~' Street and 7t~' Street present limitations to accommodate the required building frontage and the ingresslegress driveway on the site. In addition, the site has a diminishing width from 235' along 8th Street to 150' along 7th Street which further limits the attempt to situate the buildings and still comply with the LDR requirements. The CBD District Design Guidelines are geared mostly towards the design of mixed-use and residential buildings in the downtown area. The Office Depot and CVS building would be operat[onal[y unfeasible, and it would be economically challenging if the required building frontages_along the existing right-of--ways were stepped back from finished grade to a height of 3T. Thus, the provision of a decorative wall along NE 5th Avenue and NE 6th Avenue creates the sense of urbanized downtown development which is the intent of the CBD District Design Guidelines. Due to-the type of building use proposed, the site constraints, and the location of the project away from a downtown urban area, the waiver to reduce the required frontage and front setbacks should be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive fndings can be made with respect to LDR Section 2.4.5 {B)(~)~ Special Buiidil~g Setback: Pursuant to LDR Section 4.3.4(H}(6}, three types of specia[ setbacks are established in order to provide for preservation of area for expansion of roadways andlor sfireetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. Within the special building setbacks, no structures shall be altered, erected, or reconstructed. Along George Bush Boulevard, between Swinton Avenue and A-1-A, a fifty foot (50'} special building setback shall be provided on bath -sides of the centerline, The development plan complies with this requirement since a 50' specia! building setback has been provided. However, a condition of approval is attached, that a fifty foot (50`) special building setback shall be provided from the centerline and depicted on the site plan and engineering plans. Site Plan Review and Appearand jard Staff Report: Meeting of 0212010$- { Office DepotICVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 6 S eclat Landsca a Se#back: Pursuant to LDR Section 4.3.4(H}(6)(b), within the special landscape setback no .structures shall be altered, erected, ar reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures an, ar provide access ta, the site and then only when generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways. Further, LDR Sec#ion 4.3.4{H){6)(b)(2} requires that along Federal Highway, double frontage lots up to 200' in depth require a 10' landscape setback {the property is considered double frontage). The development plan complies with this requirement since a 10' landscape area has been provided. LDR Sec#ion 4.4.'l3 ~ Central Business District: Height: Pursuant to L©R Section 4.3.4(K), the maximum height of structures in the CBD zoning district is 48'. Pursuant to LDR Section 4.3.4{J}(1), height is defined as the vertical distance from grade to the highest finished roof surface of a flaf roof, or to the mean level between tie beam and ridge for gable, hip, or gambrel roofs. For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. Applying `the mean elevation of the adjoining streets', the proposed building is approximately 37'-6" high far the Office Depot building and 34'~fi" high for the CVS building, Thus, this LDR requirement has been met. - Off-S#reet Par[cing: Special Action Request Pursuant to LDR Section 4.6.9 {C) (3) (a}, Genera! Commercial uses shall provide 4.5 spaces per 1,000 square feet of gross floor area which includes retail floor area, associated warehouse and storage floor area, and employee and management facilities. Using these calculations the proposed development will require a total of 155 spaces, while the proposal shows a total of 93 parking spaces, resulting in a defcit of 62 parking spaces. Pursuant to -LDR Section 4.6.9(F)(1 }, when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced nurrtber of parking spaces will accommodate a specific use, the body which acts on the attendant site plan may reduce the parking requirements accordingly. The applicant has submitted the attached letter dated January 28, 2008 as the "special documentation" to justify the reduced number of parking spaces. The following is an excerpt from such letter: "Office Depot sfores do not generate the same parking demands as general retail. Most Offrce Depot business is catalogue and online orders. Many private businesses place orders directly from the stores and have items delivered to their offrces. Office Depof stores also commif a large amount of-fhe sfores square foofage fo fumiture and producf displays as well as fo the storage of excess furniture and products currently not being displayed on fhe sales floor area. Additionally, Off<ce Depot also provides an in store copy center. Fifty percent or more of fhe Office Depof square footage is dedicated to this storage, display and copy center area. The proposed Office Depof is (3,002 square feef. The actual square foofage that should be considered for parking calculations is 9,507 square feet. Thus the required parking for fhe Offrce Depot should be 43 spaces, based on the actual square footage ufilixed by cusfomers. Site Nlan Keview and Appearanc4 Marc[ 5tatt Keport: Meeting of 02/20!08 - ~ Once DepotICVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 7 The proposed CVS building footprinf is 13,203 square feet. The mezzanine is 2,708 sq. fit which makes the total square footage 95,281 square feet. The mezzanine area will not be utilized by customers. Also, the CVS provides a minimum of 40 percenf of the footprinf for storage of consumer goods. The actua! square footage of the building that should be considered for parking calculations is 7,921 square feet which makes for 38 parking spaces. The two developmenfs together suggest fhat a minimum of 79 parking spaces be provided if providing 4.5 spaces per 9, 000 of floor area. We are providing 93 on-site parking spaces." The argument that the actual square footage to be considered for parking calculations on the Office Depot building should be 9,501 and that the square footage of the CVS building would be 7,955.5 is not consistent with the LDR parking requirement for commercial establishments {the LDRs do not exclude the areas specified by the applicants justification statement). The Land Development Regulations clearly state that General Commercial uses shall provide 4.5 spaces per 1,004 square feet of "gross floor area" which includes retai! floor area, associated warehouse and storage ,floor area. Using these calculations the proposed development will require a total of 155 spaces, while the applicant is proposing a total of 93 parking spaces, which results in a deficit of 62 parking spaces. The applicant bases the proposed reduction of parking spaces on the following points: • Most Office Depot business is catalogue and online orders. Many private businesses place orders directly from the stares and have items delivered to their offices. • Office Depot stores also commit a large amount of the stores square footage to furniture and .product displays, as we[I as to the storage of excess furniture and- products currently not being displayed on the sales floor area. Office Depot provides an in stare copy center. Fifty percent or more of the Office Depot square footage is dedicated to #his storage, display and copy center area. The applicant appears to makes a good argument for the reduction of parking based on the functional operation of the Office Depot and CVS stores which assumes that the proportion of storage floor area and retail commercial activity is split 50%. Currently, there are 24 on-street parking spaces located along the east side of NE 5th avenue and adjacent to the west property line of the. subject property. These spaces are used by the existing Maroone Chrysler car dealership. There appears to be no other development in the immediate vicinity that wil[ make use of this existing on-street parking. The applicant has indicated his willingness to provide additional on-street parking along NE 7th Street and NE 6th Avenue, which would result with approximately 13 additional spaces reducing the deficit to approximately 49 parking spaces. The following facts play a vital role when considering a parking reduction for the proposed development: • A reduction in parking requirements for the subject property would be applied for any and all future uses that may be established on this site. The requested reduction would have a ne ative im act in the functional o eration of an future use with re aids to p_arkinq availability. Site PEan Review and Appearanc(. Jard Staff Report: Meeting of 0212D108 ~., Offce DepotICVS - Class V Site Plan, Landscape Plan and Architecture[ Elevations Page 8 • The length of time or permanency of a proposed use is also an important factor when granting this parking reduction request. The long term occupation of the proposed use may be questionable given the proposed closing of the Office Depot store an South Federal Highway at SE10~' Street. Pursuant to LDR Section 4.6.9 {B)(4}, when parking requirements are applied to new development, the City Commission may approve the payment of a fee towards the construction of a public parking structure in-lieu of providing such required parking on- site. The proposed development is located more than 300' from any existing public parking facilities of the Central Business District, and thus, the off-street parking fee is not an option. Given fhe location of the proposed development the significant shortage of parking will negatively impact the operation of the proposed~use. Based on the above, and since the parking reduction is for sixty two {62} parking spaces, this parking reduction request cannot ~be supported. Thus, staff recommends denial of the parking reduction requested for the Office Depot and CVS project. LDR Article 4.6 -Supplemental District Reuulations: Handicap AccessiE~le Parkin Pursuant to LDR Section 4.6.9(C} (1) {b), special parking spaces designed for use by the handicapped shall be provided pursuant. to the. provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this Act, two- percent (2°t°) of the parking spaces serving the development must be handicap accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the ~ 55 parking spaces required, the development needs to provide a minimum of four {4} handicap accessible parking space and five {5} handicap accessible parking spaces have been provided.. Compact Parkinu: Pursuant to LDR Section 4.6.9(C) (1) {g), up to 30%° of the required parking for any use may be designated for compact cars. The development propose[ includes twenty six (26} compact parking spaces. located within the proposed .parking area. This represents approximately 29.54% of the total spaces provided, thus meeting the requirement. On-Street Parkinu: Pursuant to LDR Section 4.6.9(E}(2), where adequate right-of--way exists, construction of additional on~street parking spaces directly and wholly abutting. the lot, or parcel, may be counted towards the off-street parking requirement of the Eot or parcel it is intended to serve provided that: 1. The adjacent right-of-way has not been previously utilized for parking or, in cases where the adjacent right-of-way has been used for parking only those spaces in addition to the number of existing spaces shall be counted; 2. That such parking spaces are clearly marked on the site plan and designed in accordance with appropriate City, County or State standards, as applicable; and, Site Plan Review and Appearance ,ard Staf€ Report: Meeting of D2120/D8 [. Office Depat/CVS - Class V Site Pfan, Landscape PEan and Architectural Plevations Page 9 3. Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner{s) or tenant(s) of the lot ar parcel, unless approved by the City Commission far special events or valet parking. Although not counted toward meeting the parking requirements far the project, a tots[ of approximately twenty (20) public parallel parking spaces currently exist within the NE 5~" Avenue right-of way. Available to the general public, these spaces should also help meet the short term parking requirements of customers and visitors of the project. In order to reduce the parking deficit, the applicant is encouraged to provide on-street parking along NE 7f" Street and NE 6f" Avenue if the requested parking reduction is granted. These parking spaces can be counted towards the off-street parking requirement of the proposed development. Bic cle Parkin LDR Section 4.fi.9(C) {1} (c) and Transportation. Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. Two bike racks have been located along the fran# of the proposed building on NE 5t" Avenue and in close proximity to the main. entrance of the buildings. Thus, this requirement has been met. Also, pursuant to Transportation Element A-1.3 of the Comprehensive Plan, the applicant shall provide a bus shelter contribution {$22,000} for the installation of two bus shelters in the vicinity of the project (one on each side NE 5t" Avenue and NE fit" Avenue} which is attached as a condition of approval. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and simiEar service areas must be enclosed an three sides with vision obscuring gates an the fourth side, unless such areas are not visbfe from any adjacent public right-af way. The development proposal includes two dumpsters with galvanized metal doors located an the northeast and southeast sides of the subject property. A detail of the two dumpsters has been provided. The landscape plan indicates that the dumpster has been adequately screened. Accommodations -for bins for recyclables have also been provided. Thus, this LDR requirement has been met. Lighting:' A photometric plan consistent with the requirements of LDR Section 4.6.8 and fightlfixture details have been submitted. However, the City standard of A~.0 maximum foot candle and 1.0 average minimum. foot candle i[luminatian level need to be maintained. The applicant is proposing summary value of 23.0 maximum foot candles white the maximum allowed City standard is 4.0 foot candles. The photometric plan shall be revised to comply with City standard illumination levels, and thus, this is attached as a condition of approval. Plat: The development proposal involves the construction of improvements across previously pfafted lots, dedication of easements, and dedication of right-af way. Therefore, a condition of approval is that a boundary plat of the property shall be processed pursuant to Chapter 5 of the Land Development Regulations and recorded prior to issuance of a building permit. It is also, attached as a condition of approval that the existing 25' r-o-w located along NE 6th Avenue on the southeast side of the subject property shall be abandoned and recorded along with the required plat, and thus, this is attached as a condition of approval. Site Plan Review and Appearance yard Staff Report: Meeting of 02/20/08 ~ Office Depof/GVS - Class V Site Pian, Landscape Plan and Architectural Elevations Paga 10 Vehicular Stackin Distance for a Parkin Area: Pursuant to LDR Section 4.6.9(D}(3)(c}{1 }, the minimum stacking distance for a parking area that has 51 ar more parking spaces is 50'. With a total of 93 spaces in the parking area, the proposed driveway located along NE 7f" Street on the south property fine does not provide the minimum stacking distance required. The proposed stacking distance for the access driveway from the NE 7t" Street r-o-w to the first parking space is appraximate[y 26'. The applicant has requested a waiver to reduce the minimum stacking distance from 50' to 26' for the access driveway #ram the NE 7'" Street r-o-w to the first parking space. Waiver Analysis: Pursuant to LDR Section 2.4.7{B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {e) Shall not adversely affect the neighboring area; (f} Shall not significantly diminish the provision of public facilities; (g) Shall not create an unsafe situation; and (h) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances an other property for another applicant or owner. The applicant has provided the following justification with regard to the waiver request: "This site location between 4 roadways presents several site development limitations and resfrictians. Currently the sife plan shows 8 parking spaces on the east side of the egres~ngress driveway, which is also the enfrance to the proposed Office Depot building. In order to meet this stacking distance requirement fhe applicanf would need to eliminate 3 parking spaces at the front of fhe building. The eliminafion of parking spaces is not in fhe besf irtferest of the overall site design and .the genera! infent of fhe City's Cade requirements. The addifional grass area that would be created in front of fhe Office Depot building would not serve a specific purpose and would not contribute to the overall function of fhe- proposed site plan. The City should grant the proposed waiver in order fo accommodate addifional required parking and eliminate an excess of unusable space on fhe site. " Pursuant to LDR Section 4.6.9(D) (3) (c), provisions are to be made for stacking such that traffic will not backup into the pubic street system. The development proposal has provided three ingresslegress paints. One is from NE 5~' Avenue, which is one of the primary point of entry in#o the development; a second one is from NE 6f" Avenue, and a third one is from NE 7t" Street. Because the NE 7th Street access serves as a supplemental ingresslegress into the development, the reduced stacking distance will not result in an unsafe driving environment. The 26' stacking distance provided is clearly adequate for vehicles to enter the site without obstructing the flaw of traffic from NE 7th Street. This is an urban area and 50' stacking distance is more appropriate for a suburban parking lot, where roads are abundant with high speed traffic. Due. to the location of the project in an urban area, the waiver to reduce the stacking distance should be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant. of a special privilege. Similar stacking distance waivers were granted to the Cityscape, Miraf[ores, West Fifth Condos, and Atlantic Shores projects in the CBD District. The Miraflares project was granted a 39' reduction to its stacking distance off an alley, Cityscape was granted a waiver of 36' to its stacking distance required from an alley, and. Atlanta Shores was granted a waiver of 6' off SE 2~~ Ave, which is Site Plan Review and Appearance ,ard StafF Report: Meeting of 0212©108' {, Office Depo#/CVS _ Class V Site Plan, Landscape Plan and Architectural Elevations Page 9 9 its primary ingress/egress into the property. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5} can be made. Vehicular Stacking Distance for the Drive thru Lane; Pursuant to LDR Section 4.6.9(D)(3}{c)(2), the minimum stacking from the first point of transaction for the proposed CVS building drive-thru lane one hundred (100'} feet. The applicant has requested a waiver to .reduce the minimum stacking distance from 100' to 65' for the for the proposed CVS building drive-thru lane. Pharmacy drive-thru are provided as a convenience to customers particularEy the elderly, parents with sick children, or customers that have a special need for prescription drop off or pick up. This customer base does not represent more than four vehicular trips per hour. The proposed stacking distance of 65' appears to be adequate and will accommodate approximately four cars. Due to the location of the project in an urban area, the waiver to reduce the stacking distance for the drive-thru lane should be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Based on the low traffic generation rate of the proposed drive-thru positive fndings can be made with respect LDR Section 2.4.7(B)(5} Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(A){1}, a 20' sight triangle is required at the intersection of N.E. 5t'' Avenue and the ingressiegress driveway to the proposed parking area. The applicant has requested a waiver to reduce the required visibility triangle on the south side of this intersection from 20' to 15' [LDR Section 4.6.14(A)(1 }j. The following is an analysis of the waiver request: Waiver Analysis: Pursuant to LDR Section 2.4.7{B) {5}, prior to granting a waiver, the approving body shall make a fnding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; {b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting reduction in the sight visibility triangle for the south side {left} of the ingresslegress driveway entry off N.E. 5t" Ave. Since traffic flows from the north on this one-way section of NE 5t" Ave. (Federal Highway), the reduction of the sight visibility triangle from the south side {left) will not create an unsafe vehicular environment. Granting the requested waiver wig not have an adverse affect on the neighboring area, diminish the provisian of public facilities, or create and unsafe situation. Similar waivers have been approved for other projects in the CBD District, such as, Renaissance Village, Cityscape, and Pineapple Grave Village. This waiver would also be supported under similar circumstances and therefore wilt not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Pursuant to LDR Section 4.6.14(A}(2}, a 40' sight triangle is required at the intersection of N.E. 5~' Avenue and N.E 8t" Street and at the intersection of NE 6t" Avenue and NE 7~" Stree#, The Site Plan Review and Appearance Ord Staff Repork: Meeting of 02/20/08 Office ©epot/CVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 12 applicant has requested a waiver to reduce the required visibility triangles at the intersection of N.E. 5t" Avenue and N.E. Stn Street from 40' to 30' and at the intersection of N.E. 6~' Avenue and N.E. 7th Street [LDR Section 4.6.14{A){2)]. The following is an analysis of the waiver request: Since traffic flows from the north on this one-way section of NE Stn Ave. (Federal Highway), drivers coming from the east and taking a left turn on NE 5tE' Avenue will not have any visibility obstruction, and thus, the reduction of the sight visibility triangle from 40' to 30' will not create an unsafe vehicular environment. The traffic signal at the intersection of N.E. 5th Avenue and N.E. Stn Street will stow traffic flow alleviating the necessity of the required sight visibility requirement of 40'. Traffic flows from the south on this one-way section of NE 6th Ave, and thus, similar arguments can be presented for the visibility triangle located at the intersection of NE 6tn Avenue and 7tn street. Granting the requested waiver will not have an adverse affect. on. the neighboring area, diminish the provision of public facilities, or create and unsafe situation. Similar waivers have been approved for other projects in the CBD District, such as, Stn Avenue Flats, Cityscape, and Atlantic Shores project at the N.E. 2"d Avenue intersection.. This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7{B}(5} can be made. Ri ht-of-Wa ©edicatian: Pursuant to LDR Section 5.3.1 {D} the ultimate right-of--way width for N.E. 7th Street is 60' and only 50' of right-of--way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Developrraent Management Services Group (DSMG), may grant reductions in right-of way widths. The City Engineer and DSMG determined at their meeting of November 1, 2007 that a reduction in right-of-way width to 50' would be sufficient far this section of NE 7~' Street. Pursuant to the Transportation Element of the City's Comprehensive Plan,.the ultimate right-of- way width for N.E. 8th S#reet is 80` and only 73' of right-a~ way currently exists. Far existing streets, the. City Engineer, upon a favorable recommendation from the Development Management Services Group- (DSMG), may grant reductions in right-of-way widths. Pursuant to LDR Section 5.3.1{D) (3), additional right-of--way width may be required to promote public safety and welfare; to provide for stormwater management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The City Engineer and DSMG determined at a mee#ing in November 1, 2007 that the r-o-w of NE 8th Street should be expanded to 80', which is consistent with the widths provided with recent redevelopment proposals. Therefore, a dedication of seven feet {7'} from the subject property is required. A seven {7} foot r-o-w dedication has been depicted on the .site plan. The 7' r-o-w dedication on NE Stn Street shall be executed along with the platting process, and thus, this is being attached as a condition of approval. OTHER ITEMS: Federal Highway Cas# of Improvements Ohliaa#ions: The proposed project is located at 700 NE 6th Avenue {Federal Highway) and as such improvements cost for Federal Highway will apply. The City Engineer shall set the cost of improvements obligations on Federal Highway and the applicant shall comply with this requirement before issuance of a building permit. Thus, this is attached as a condition of approval. Site Plan Review and Appearanc( ,ard Staff REport: Meeting of 02/20/08 Office Depot/CV5 - Class V Site Plan, Landscape Plan and Architectural Elevations Page'( 3 Under roundin of Utilities: Pursuant to E.DR Section 6.1.8, utility facilities serving the development shall be Eocated underground throughout the development. A Hate to #his effect has been placed on the site plan, and thus, this LDR requirement has been met. LDR Section 4.6.18 E -Criteria for Board Action: The following cri#eria shall be considered by the Site Plan Review and Appearance Board {SPRAB}, in the review of plans for building permits. ff the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or pro}ect, is in its exterior design and appearance of quality such as not to cause the nature of fhe -local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemen#al criteria which may be set forth for the Board from time to time. The architectural style of the structure is best described as masonry vernacular. The roof is standing seam metal that includes towers with hip roofs. The windows appear to be single hung with prefabricated suspended concrete hangers and burgundy awnings. The front doors of bath the Office Depot and CVS buildings are proposed to be clear anodized aluminum storefront with impact resistant glass. Awnings are proposed for al! windows. The standing seam metal roof will be galvalume {galvanized aluminum} mill f<nish. The tower elevation walls will be painted with a softer tan color. The molding and trim will be painted white_ The exterior doors, door frame, and the overhead sectional door will feature a white color while the rest of the elevation walls of the building will be painted with a moderate white. The roof structure for the drive-thru lane is a hip structure and contains a standing seam metal roof. The architectural styles of the buildings are architecturally harmonious. The balance and rhythm of the buildings are consistent and the treatment of al! sides of the building has been addressed.- Based upon the Site Plan Review and Appearanq card Staff Repor#: Meeting of 02/20/08 t Office Depo#ICVS - Class V Site Plan, Landscape Plan and Architec#ural Elevations Page 1~ above, positive findings can be made with respect to LDR Section 4.6.18{B){14) and Section 4.6.18{E). Pursuant to LDR Section 3.1.1 {Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) -Future Land Use Map: The subject properly has a Future Land Use Map (PLUM) designation of Commercial Core (CC} and a zoning designation of CBD which are consistent with one another. P~irsuant to LDR Section 4.4.13(B){1), office furniture, office equipment and supplies and retail uses are allowed as a permitted use in the CBD zoning district. Thus positive findings can be made with respect to PLUM consistency. LDR Section 3,1.1(B} - Concurrency: As described in Appendix "A", a positive #inding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, and- solid waste. LDR Section 3.1.1 (C) -Consistency (Standards for Site Plan Actions): As described in Appendix "B", a positive finding of consistency can be made as it relates to Standards far Site Plan Actions. LDR Section 3.1.1 (D) -Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive Ending of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Gomnrehensive Plan Policies: A review of the objectives and policies of the adapted Comprehensive Plan was conducted and the following objective is noted. Future Land Use Element 4biecflve A-7: Property shall be developed or redeveloped in a manner so that fhe future use and intensify is appropriate and complies in terms of soli, topographic, and other applicable physical considerations, is complimentary fo adjacent land uses, and fulfrlls remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The property is bordered on the west side NE 5~',Avenue, the east by NE 6~' Avenue and by NE 8t~' Street and NE 7~h Street on the North and south side respectively. The project has been designed with an attempt to comply with the Downtown Design Guidelines. The proposed buildings. {Office Depot and CVS Building) are not necessarily types of buildings that can be designed to comply with the stepping back frontage required in the Downtown Design Guidelines. However, the applicant is requesting a waiver to Site Plan Review and Appearance ,ard Staff Report: Meeting of 02/20/08 Office DepotICVS - Class V Site Plan, Landscape Plan and Arci~itectural Elevations Page 15 the frontage required by the design guidelines. The applicant has proposed a decorative wall combined with a trellis and picket fence system that creates the image of a decorative frontage in-lieu of the stepping-back frontage that is required. Since the adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat seasonally oriented shopping area to a more dynamic and vibrant retail, service, and entertainment area with an active nightlife. A critical housing and mixed-use element has been slowly added to the downtown area. The proposed Offrce Depot and CVS development will help to fulfill the need of retail and commercial services required by the adjacent office, mixed- use, and residential areas. The proposed development will be complimentary to adjacent land uses. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing. Policy A-'12.3: In evaluating proposals for new development or redevelopmen#, the Gity shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, trafFic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. if it is determined that a proposed development will result in a degrada#ion of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the incorporation of this development will aid in the economic stability of the downtown area. The introduction of the commerciallretail component will also likely improve the safety of the area by introducing more nighttime commercial activity and more "eyes on the street" to observe what is happening in the area, which will be a deterrent to criminal activity. While the development proposal will result in the generation of 15 AM and 63 PM peak hour trips onto the surrounding roadway network, the number of daily trips generated will not negatively impact the area. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. Transportation Element Policy A-7.3; The City endorses fhe continued operations of the Palm Tram Transit System and its operations in Delray Beach, and fhrough policies of this Elemenf relafed to the TCEA, will coordinate with Palm Tran to improve fhe system. Given the potential impacts the proposed development will have on the surrounding road network and the location of Palm Tran bus stop in close proximity to the site, it is appropriate that the development contribute toward the provision of two bus shelters at this location (one on each, NE 5t~' Avenue and NE 6~' Avenue). Thus, it is attached as a condition of approval that a contribution of $22,OQ0 is paid prior to certit•tcation of_t_he site plan for the development. Subject to this condition of approval being addressed, the development will comply with Transportation Element Policy A-1.3. Trans ortation Element Polic D-2.2: Bicycle parking and facilities shalt be required on all new developmenf and redevelopment Parficular emphasis is fo be placed on development within the TCEA Area. The development proposal has accommodated two bicycle parking facilities {i.e. bike rack} on site. The provision of two bicycle parking facilities have been accommodated along NE b~' Site Plan Review and Appearance ,ard Staff Report: Meeting of 02/20/08 t Office Depot/CVS - Class V Site Plan, Landscape Plan and Architectural Elevations Page 16 Avenue in close proximity to the entrance of the Office ^epat and CVS buildings. Based upon the above, the development will comply with Transpartatian Element Policy D-2.2. LDR Section 2.~.5(F) t'5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacen#-and. nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject properly: Zonin : Use: North General Commercial (GC} Former Mexican Restaurant commercial Soufh Central Business District (CBD} PPG Architectural Finishes {Commercial Easf Central Business District (CBD) Commercial {primarily office across Federal Hi hwa West Residential Office (RO) NE 5t Avenue and the FEC railroad ri ht-of-wa . With respect to the uses, compatibility with the adjacent uses is not a concern. The development proposal will enhance the aesthetics ofi the subject property. Further, the neighborhood and the downtown as a whole will benefit by the inclusion of new commerciaUretail development. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties and the properties will not experience a depreciation ofi property values. Community Redevelopment Agency (CRA): At its meeting of November 15, 2007, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval of the Class V site plan for Office Depot I CVS building. Courtesy Notices: Courtesy natives have been sent to the following homeowner's andlor civic associations: - Neighborhood Advisory Council - Palm Trail HOA - Del Ida HOA - Seacrest HOA Letters of objection ar support, if any, wit! be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. The development proposal is to construct two single-story buildings: a 19,002 square foot Office Depot building and a 13,203 square foot CVS building. The development proposal also includes five (5} waiver requests: a waiver to reduce the minimum staking distance from the first point of transaction of the proposed CVS building drive-thru lane from one hundred (100'} feet to sixty five (65') feet (l_DR Section 4.6.9{D) (3) {c) (2)]; a waiver to reduce the required twenty foot Site Plan Review and Appearance lard Staff Report: Meeting of 02I2010t3 ~ Office DepotlCVS - Class V Site Plan, Landscape Plan and Arclli#ectura[ t=legations Rage 47 {20'} sight visibility triangle to fifteen (15') at the intersection of N.E. 5~h Avenue and the ingress/egress driveway located on the west side of the property. [LDR Section 4.6.14 {A){1}]; and a waiver to reduce the required forty foot {40') sight visibility triangle to thirty feet (30') at the intersection of N.E. 5~' Avenue and N.E. 8th Street and the intersection of NE 6fh Avenue and NE 7~' Street respectively. LDR Section 4.6.14 {A)(2}]. Positive findings can be made with regard to these waiver requests and the special action parking reduction request. The provision of additional commerciallretail development within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed development is consistent with required findings under Chapter 3 {Performance Standards}, Section 2.4.5{F)(5) (Compatibility} of the Land Development Regulations, and policies of the Comprehensive Plan, provided the conditions of approval are addressed. A. Continue with direction. B. Move approval of the waiver requests, special action request, Class V site plan, landscape plan and architectural elevations far Office Depot and CV5 Building, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{F), 2.4.7(B} {5), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the waiver requests, special action request, Class V site plan, landscape plan and architectural elevations for Office Depot and CVS Building, by adopting the findings of fac# and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria. set forth in Sections 2.4.5{F), 2.4.7(B) (5), and Chapter 3 of the Land Development Regulations. - ~, - ~- By Separate Motions: Waiver Requests 1. Move approval of the waiver request to LDR Section 4.6.9(D) {3) (c) {2) to reduce the minimum staking distance from the first point of transaction of the .proposed CVS building drive-thru lane from one hundred {100') feet to sixty fve (65') feet, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). 2. Move approval of the waiver request to LDR Section 4.6.9{D)(3){c)(1 } to reduce the minimum staking distance from 50' to 26' for the access driveway from NE 7th Street ro- w to the first parking space, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). 3. Move approval of the waiver request to LDR Section 4.6.14 {A){1) to reduce the required twenty foot {20') sight visibility triangle to fifteen (15') at the intersection of N.E. 5th Avenue and the most western ingress and egress driveway of the site, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). 4. Move approva! of the waiver request to LDR Section 4.6.14 {A){2) to reduce the required forty foot (40') sight visibility triangle to thirty feet (30'} at the intersection of N.E. 5th Site Plan Review and Appearance and Staff Report: Meeting of 02/20/08 Office Depot/CVS - Class V Site Alan, Landscape Alan and Architectural Elevations Page 78 Avenue and N.E. 8th Street and the intersection of NE 6th Avenue and NE 7th Street respectively, by adopting the findings ofi fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(8) (5). 5. Move approval of the waiver request to LDR Section 4.4.13{F} (4} to reduce: • The required building frontage along NE 6~" Avenue from a minimum of 162' to 0'; the maximum setback from 10' to 18'; and to increase the remaining length of the building frontage from 70' to 137'; • The required building frontage along NE 5th Avenue from a minimum of 219' to 0'; the maximum setback firom 10' to 90.6; and to increase the remaining length of the building frontage from 94' to 267'; • The required building frontage along NE 8th Street from a minimum of 151' to 0'; the maximum setback from 10' to 98.22; and to increase the remaining length of the building frontage from 64' to 96'; and • The required building frontage along NE 7th Street from a minimum of 91' to 46 ; the maximum setback from 10' to 12'; and to increase the remaining length of the building frontage from 64' to 0' by adopting the findings of fact and law contained. in the staff report, and finding that the request is consistent with LDR Section 2.4.7{B) (5). Special Action Request: Move denial of the reduction to parking spaces required pursuant to LDR Section 4.6.9 (C) (3) (a}, by 62 spaces (from the 155 parking spaces required to the 93 parking spaces provided), based on l.DR Section 4.6.9(F)(9 }, which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use. Class V Sife Plan: Move approval of the Class V site plan for Office Depot and CVS Building, by adopting the findings of fact and !aw contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F} and Chapter 3 of the -Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing all conditions of approval as indicated in the staff report; 2. That a seven {7} foot R-O-W dedication along NE 8fh Street be depicted on the site plan and executed along with the platting process; 3. That the applicant revise the photometric plan to comply with City standard illumination levels and be consistent with the requirements of LDR Section 4.6.8; 4_ That a plat is processed and recorded prior to issuance of a building permit; 5. That, if the ~arking reduction is granted, the applicant shall provide on-street parking along NE 7 Street and NE 6th Avenue in coordination with the City Engineer and Planning Department; Si#e Pian Review and Appearance ,ard Staff Repor#: Meeting of 02/20/08 Office ©epotlCVS - Class V Site Plan, Landscape Pfan and Architectural Elevations Page 'i9 6. That the City Engineer shall set the cost of improvements and beautification obligations on Federal Highway and the applicant shall comply with this requirement before issuance of a building permit; 7. That a f[fty foot (50') special building- setback along George Bush Boulevard shall be provided from the centerline and be depicted on the site plan and engineering plans; and S. That a contribution of $22,000 is paid prior to certification of the project far the installation of two Palm Tran bus stop shelters (one on each, NE 5~ Avenue and NE Otn Avenue} Landscape Plan: Move approval of the landscape plan for Office Depot and CV5 Building, by adopting the f<ndings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following condi#ions: 1. That three (3} copies of the revised plans are submitted. Architectural Elevations: Move approval of the architectural elevations far Office Depot ar~d CVS Building, by adopting the findings of fact- and law contained in the staff report, and finding that the request meets criteria set forth in Section ~4.6.18(E) of the Viand Development Regulations. Aftachmenfs: Appendix A;' Appendix 8",• Site Plan; Landscape Plan and Archifecfurai Eieva#ions. Staff Report Prepared by.' Senior Planner, Senior Planner Pursuant to LDR Section 3.9.1{B}, Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ^ The property is currently served by a 6° water main located along NE 8th Street r-o-w which will probably have to be up-graded to an 8" wa#er main in coordina#ion with the City Engineer. ^ Sewer ^ Adequate fire suppression will be provided via ins#allation of a fire hydrant along NE 7t" Street and NE 8`" Street. A technical item is attached that the nearest fre hydrant is noted on the engineering plans along NE 5tr' Avenue and NE 6t" Avenue. Pursuant to the Comprehensive Plan, treatmen# capacity is available at the City's Water Treatment Plant and the South Central County Waste Wa#er Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: A traffic statement has been submitted that indicates .that the Office Depot and CVS b>aildings will generate only 23 a.m, peak hour ne# new trips and 92 p.m. net new peak hour trips. A letter from the Palm .Beach Coun#y Traffic Division that indicates a finding of Concurrency for the proposed developmen# has been provided. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development wiH not have an impact with respect to this level of service standard. Solid Waste: The trash generated by the retail use consisting of a 19,002 Office Depot building and a 13,203 sq.ft. CVS building will be 164.24 tons per year {32,205 x 10.2 = 328,491 12,000 = 164.24}. The total trash generated by the proposed developmen# will be 164.24 tons per year. This will be a net increase of 97.43 tons per year- compared to the car dealership, which generates approximately 66.81 tons per year (14,526 x 9.2 = 133,639 12,000 = 66.81). The Solid Waste Authority-has indica#ed that its facilities have suf€icient capacity to handle all development proposals till the year 2021, thus a positive finding with respect #a this level of service standard can be made. Drainage: Drainage will be accommodated on site via an exfiltration system with an outFa[I into the Federal Highway system. There should be no impact on drainage as it relates #o #his level of service standard and there are no problems anticipated in complying with SFWMD requirements. Schools: The project contains no residential component. Therefore, school Concurrency is no# applicable. A. Building design, landscaping, and fighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not a livable Meets intent of standard Does not meet intent X -This s#andard will be met once the attached conditions of approval pertaining to the photometric plan have been addressed. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 .and D-2 of the Transportation Element. Not a livable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not a livable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening ar traffic circulation modification may have upon an existing neighborhood. !# it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable ~ X Meets intent of standard Does not meet intent E. Development of vacant [and which is zoned far residentiai purposes shall be ,planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable- ~ X Meets- intent of standard Does not- meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent [and uses; and fulfills remaining land use needs. Not a livable Mee#s intent of s#andard X Does no# meet intent G. Redevelopment and the development of new land shad result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable ~ X Meets intent of standard Does not meet intent M. The City shall -consider the effect tha# the proposat will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not a [icable Meets intent of standard X Does not meet intent [. Development shat[ not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development tatting actions to remedy the accident situation. Not a licable Meets intent of standard X Does not meet intent J. To# tots and recreational areas, serving children from toddler #o teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable 4 X Meets intent of standard Does not meet intent r 12TH ST. N.E. i i TH ST. Q D Y WlTHERSPOON LANEI ~r BUSH pD 0 M N.E. 5TH ST. >~ SL r-i ~'-~ N CVS PHARMACY AND OFFICE DEPOT ~~ PROPERTY 700 NE 6TH AVENUE GIFY 9F UEt.RAY BEACH. 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LYMAN January 28; 2008 Paul Dorling, Director City of Delray Beach Planning & Zoning Department 100 NW 1 Sf Avenue Delray Beach, Florida 33444 ~11~~ ~ Jp;N 2 8 2~~8 j ~~ ; ~ ~Lf'1 P~`~i~FE4L.:£ ~ ~Oililf~FE3 Re: Waiver Request for Office DepotICVS Building (700 SE 6'" Avenue) Dear Mr. Dorling: Qn behalf of our Centres, Inc., the Developer of the proposed Office DepatICVS located at 700 NE 6"' Avenue, requests that you please accept this letter as a formal request for waivers in accordance with Land Development Regulation Section 2.4.7(6} {°Applicant"). The specific waivers as well as the justifcatian far the waivers are detailed below: RE4UEST FOR PARKING WAIVER Parking Requirement LDR Secfr'on 4.6.9 {>D)(3J{c) The City's Land Develapment Regulations regarding parking. for the commercial site requires 4.5 spaces per 1,000 square feet of building area. Using these calculations the proposed site plan would require a total of 155 spaces, while the applicant is proposing a #otal of 93 spaces. The applicability of the City's parking requirements to the subject property is excessive given its proximity to the Downtown area and the site's location on U.S. Highway. 1, a major mass transit corridor for the City of Delray Beach as well as Palm Beach County. The City's parking requirement was designed for suburban settings, whereas the subject property is being regulated by other Land Develapment Regulations that encourage a more urbanized development. Office Depot stores da not generate the same parking demands as general retail. Mast Office Depot business is catalogue and online orders. Many private businesses place orders -directly from 'the store and have items delivered to their offices. Office Depot stores also commit a large amount of the stores square footage to furniture and product displays as wel! as to the storage of excess furniture and products currently not being displayed on the sales floor area. Additionally, Offce Depot also provides an in store copy center. Fifty percent or more of the Office Depot square footage is dedicated to this `..storage, display, and copy cen#er area. The proposed Offce Depot is 19,002 square feet. The actual square footage of the building that should be considered far parking calculations is 9,501 square feet. Thus, the required parking for the Office Depot should be 43 spaces, based upon the actual square footage utilized by customers. The proposed CVS building footprint is 13,203 square feet. The mezzanine is 2,078 sf which makes the total square footage 15,2$1 square feet. The mezzanine area will not be utilized by customers. Also, the CVS provides a minimum of 40 percent of the footprint for storage of consumer goods. The actual square footage of the building that should be considered for parking calculations is 7,921 square feet which makes for 36 parking spaces. The two developments together suggest that a minimum of 79 parking spaces be provided if providing 4.5 spaces -per 1,000 of building. We are providing 93 on-site parking spaces. Rarely do you ever see more than 10 people parked at an Office Depot including the ernployees in particular the newly constructed Office Depot to the south of our property. Unfortunately, it is difficult to calculate parking specifically for Office Depot stores because they are often inline stores in large shopping plazas. Most importantly, considering the proximity of the Office Depot and CVS, it is expected that the occupancy of a single parking space will be used to satisfy two trip purposes. We are providing 93 spaces onsite for both the CVS and the Office Depot. Currently, there are approximately 20 on-street parking spaces adjacent to our site along the west side of NE 5~' Avenue (southbound US Highway 1} which must be for the existing Car Dealership. There are no other developments in the immediate vicinity that the on-street parking could be used for. The Car Dealership is #o the east and train tracks to the west. We ask that you please consider these spaces as available parking for the- proposed development which would increase the number of available parking to 113 spaces. The Applicant is also willing to accommodate additional parking along NE 6~' Street (northbound US Highway 1} if the City feels it is necessary to pursue with FDOT. The Applicant believes that this waiver is deserved- and warranted due to the nature of the proposed use and the A~pficant's willingness to provide additional parking off~site. REQUEST FOR BUILDING FRONTAGE AND SETBACK WAIVER Building Frontage & Sefbacks LDR Section 4.4.93{F}(4J(B} and {c) The City's Land Development Regulations requires structures to be situated close to the roadway in order to create a more ~rrban type of development. See tables below far required and provided setbacks and frontage requirements. qa'. iR`ng <,~, ~,y.S W{Z' ~~- arcs \ ~, ~~ ~- m .~^r.~rf=*~gY`~~,r~S "~ } ~ y~ ~_ ~ ~ - f -.- ~ ~~.I NR~4 ,{S- St ~ '~ ~-u .E. _ a:(..~ 4 if .r ~> .:.E i' ~,.'t`n l rCa <'- ...~,s, r.) .+~$. 3sij.rYs...a..t ~~?cwt a '~ Y \ d"r. r~~.irevcy` .~.., '~'-- ~(,.~'fi ei e r ~ ~,,, ~zYS R ~ t '~ l( ' ~- _ Ky it 5 N-"'-~G~. ~ -~.=- y L` Ns t '~ ~ a -. - ~ ~ s r W fed ;3- ~rl,s c s i" •fMS - 7~ r ~ 1~~~~ ~y(~ ~~ [ 74'E,S"" ~ = ,~ ~~r~E~~ h ; ~ x x - u ~~4'S F.{•~l d 5`.0.~i ~s 1i1 dir+~~ rt ~[~e g~i:~ ~ & ~ ~s{~~,ye~u `/~~; ~Kr4 V~~~..7~1~ ~'Ir~. ~ y-u. ~"taktag ~ ~ h x 1 'mil' , l~. 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' 3..! } ( ~ yisl~S1i~~T. y; .. w~i S lF Z C 'i.r.'7'S~F P~~R.~( ~~='~;~{VV"' Finished Y sr ' ~~ ~: grade to 70% .190% 10' max 91' 1 71 T 3' _~: ~ '' ~ ~ -~ ~ ~F ~ 130' Lot Remaining 15' min 39' / 13' 151' ° ~~r " Front len th . s a ~, ~+"'•r'. ~,Sw~„'~ti: .~~r~ fit-. ~~y - ~£ ~ s -. a -' >>. ~ kx ~_.-y ~ -.1 -~~~{: ~ r} ~ 3 ~, ~ ~, ~"','°~1~~~~+~~[t~l~gns'r ---^^``r i ,`'r ~"~ r {"' _. ~' ,,,.~ r - ^F ter.. 1' v a i F~~w~ ~ _ ~r ~ z ~ . ,,. , ss,.-.. .. - t_ r~kh_~ W`~X»r ... `Y'K '%S43 ~~': 54 ,f.~3R~'l ~E, ~+M:, ?..5__..~. 1. ~r [ ~t~ 1 tx«+- .~.r s'~" r4~ ~ ""' ~~ 4 t~g _~e ~,+c,... `~'~s~~, ~ ~~ ~~'"^'.~--~' ~' ~`s~ ~ y~y.i~,r3. 1 ~ ~ ~~ ~ ~ r ;~ w.w1 3 ~ G~ 4,,°C ~ ~! .u ~„ .r,~ b '~ rf'Fr .+,[`~ #%~+ ~R 1 F~`"'S'f 4 ~~ eke}a: .. °S' ~~~ t~ ~~- -s'~aarn ~ E - s~ ,ks '-5- ~,t"'~ r - -;,~~'~ ~,s,'~5 -'. t ~ ~c -~ ~U, k ti.,- r .~ >"s -fir 3 3 s~~ ~s, ~a ~~ ,~ ' M1 '' ,~' ~r.;, v~.,fa.. ~~c;~~~e ~ " ~ .n a.. ~;' `,&.hu,, ~:""{`~ ~:,~ ~s.`,~~" ~~~ ..K~4f~, r*,` ,t ~,~~x,~5''%c c'`Y..,Nra.-' 3`.r""~e`r ,~ ~ ~ {~f ors ~ Finished 70°/a .I 90% 10' max 151' / 194' 0' ' r ,'u, , ~~.r grade. to ~~ . ~ F ;~"x~z 25' .Sa.. 4 t ~:~ 216' Lot Remaining 15' min- 6'5' 122' 23° s„ reh~~,~b.~ Frontage lengtfr As noted above, the City's LDR's regarding building frontage were designed to promote a more urbanized feel along major roadways such as US ~. The City's LDR's did not envision the rare situation where a parcel of land would be bounded on all sides by roadways. Although Applicant does not fully meet these frontage requirements, the Applicant has provided a decorative wall along NE 5~' Avenue and NE 6"' Avenue in order to create the same feeling of urbanized development that the City is looking for. This decorative wall is similar to that of the Publix to the south, the .Applicant is attempting to follow that same site design concepf. The Applicant contends that the decorative wall would provide a more.aesthetica[Cy pleasing frontage along US Highway 1 (NE 5~' Avenue and NE 6th Avenue} rather than a solid structure. The building frontages along NE 7~h Street and NE 8th S#reet cannot be modified without interfering with the 40 foot clear line of sight triangles at all intersections as required by the City's Land Development Regulations. As previously mentioned this site is constrained by the ~- fact that it is bounded by four streets. The linear frontage along NE 8~' Street and NE 7~' Street is relatively limited in order to accommodate the required sight triangle, the required building frontage as well as the required ingress/egress to -the site. In addition, the fact that the subject property is bounded all ail 4 sides, the frontage requirements create a significant hardship on developing the property with the proposed use. The Applicant believes that this waiver is warranted due to the physical site constraints of the property's location on 4 roadways. We believe the proposed development will compliment the newly constructed buildings in the immediate vicinity. REQUEST FOR STACKING DISTANCE AT DRIVE-THRU WAIVER Stacking Distance at Pharmacy LDR Section 4.5.9(D)(3)(c)(2~ and (3) The City's Land Development Regulations require the Applicant to provide a 100 foot stacking distance for the proposed pharmacy drive thru. The Applicant has provided a 65 foot stacking distance and requests a waiver of 35 feet_ Pharmacy drive thrus are provided as a convenience to customers. Typically, they are utilized for special need customers (the elderly as an example), parents with sick children, or customers who have no other-needs other than prescription drop off or pick up. This customer base is minor and does not represent a significant number of vehicular #rips. A stacking area of 65 feet is more than adequate to handle the few cars per hour that come through the drive thru. Rarely is there a fine that would utilize the full 100 foot requirement at the drive thru for those wishing to utilize this convenience. The current stacking distance accommodates approximately 4 cars. The additional 3b feet that is required by the Land Development Regulations would only accommodate an additional 2 cars. The Applicant maintains that because the City requires the site to comply with urban development standards, the reduced size of the proposed drive thru complies with such development. Therefore, the Applicant feels that this waiver is deserved based on the minor traffic generation rates of the proposed drive-thru and the Applicant's commitment to a more urban development within the City of Delray Beach. REQUEST FOR STACKING DISTANCE WAIVER Stacking Disfance along egress/ingress driveway on NE 7~' Street LDR Section 4.5.9(D)(3)(c~ The City's Land Development Regu[atior~s require the Applicant to provide 50 feet of stacking for the egress~ngress driveway at NE 7~' Street on the east and west side. Neither the east nor the wes# sides of the driveway do not meet this minimum requirement. As previously mentioned, this site's location between 4 roadways presents several site development limitations and restrictions. Curren#ly the site plan .shows parking on the east and west side of the driveway where stacking would be required by the land development regulations. The east side of the egress~ngress driveway is the entrance to the. proposed Office Depot, In order to meet the stacking requirement on the east-side of the Applicant would need to. eliminate 3 parking spaces at the front of the building. The elimination of the parking spaces in order.. to meet the stacking requirements is not in the best interest of the overall site-design and the general- intent. of the City's code requirements. The Applicant feels that it is more important to the overall function of the site #o maximize the amount of parking provided on the site. The additiona! grass area that would be created in front of the proposed Office Depot building would create an area of additional landscaping #hat would not serve a specific.purpose and would rio# contribute to the overall function of the proposed site plan. Additionally, the need for the entire 50 feet of stacking is not a critical element to the function of the site plan, as the subject property has access to and from the site on all 4 sides of the site. The Applicant feels that this stacking requirement .was intended to accommodate traffic access #o and from a site that has 1 or 2 access points. This is not the situation on the subject site, which is bounded by and has access to 4 streets. The City should grant the proposed waiver in order to accommodate additiona! required parking and eliminate an excess of unusable space on the site. REQUEST FOR SITE TRIANGLE WAIVER l~sibility Triangle at NW & SE Corners of Site LDR Section 4.6.14{A) The Applicant is requesting a waiver from the visibility triangle requirements ~ at the northwest and southeast corners of the site. The proposed site plan shawl that the buildings are currently encroaching into the proposed sight triangles. The City of ^elray code regulations require that the Applicant provide an urban development which includes pulling the buildings up towards the roadways. However the City's development regulations do not account for the rare situation where a site is bounded by roadways on all four sides_ The northwest and southeast corner visibility triangles are not necessary because the traffic flow on NE 5~' Avenue and NE 6~` Avenue are bo#h one way_ As such, the sight triangles are not warranted because the traffrc flow in both cases does not in#erfere with the visibility triangle encroachment. Yrsibility Triangle at Entrance of NE 5~' Avenue LDfZ Section 4.6.74(A) The Applicant is requesting a waiver from the visibility triangle requirements at the driveway entrancelexit off of NE 5~' Avenue (southbound US Highway 1}. Currently the site plan shows a trellis that encroaches into the visibility triangle on the south side of the egresslingress driveway. fn order to meet the urban development style that is required by the City of Defray Beach, the Applicant has constructed a wall with trellis features similar to that on a site in the general vicinity. As previously mentioned, the. subject site is bounded by 4 roadways, 2 of these roadways hake one way traffic flow. As was the case above, this waiver should be granted because the sigf~t triangle on the south side of the egresshngress driveway does not interfere with vehicular visibility lines. The traffic flow on NE 5~' Avenue (southbound US Highway 1) only travels from north #o south, therefore, a person exiting the driveway onto NE 5i'' Avenue (southbound US Highway 1) would only need a clear line of sight to the north for the oncoming traffic. The Applicant respectfully requests a fa~orabie recommendation from staff related to the above-mentioned requested waivers_ Should you have any questions, concerns, or if you need additional information .please do not hesitate to contact me at (5S1) 237-1537 or Heidi Henderson at (954) 777-3123 ext. 301.. Sincerely, Bonnie L. Mickel Siegel, Lipman, Dunay, Shepard, & Mickel; LLP IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR OFFICE DEPOT/CVS DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests have come before the City Commission on March 18, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Office Depot/CVS Development Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 4.6.14(A)(1), a twenty foot (20') sight visibility triangle shall be provided where an accessway intersects a public right-of-way. The Applicant seeks a waiver to reduce the site visibility triangle to fifteen feet (15') at the intersection of N.E. 5t" Avenue and the western most ingress and egress driveway of the site. Pursuant to LDR Section 4.6.14(A)(2), a forty foot (40') sight visibility triangle shall be provided where 2 or more public rights-of-way intersect. The Applicant seeks two waivers to reduce the site visibility triangle to thirty feet (30') at the intersection of N.E. 5t" Avenue and N.E. 8t" Street and at the intersection of N.E. 6t" Avenue and N.E. 7t" Street. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.6.14(A)(1) to reduce the site visibility triangle to 15' at the N.E. 5th Avenue intersection comply with the requirements of 2.4.7(8)(5)? Yes No Would the waiver of Section 4.6.14(A)(2) to reduce the site visibility triangle to 30' at the N.E. 5th Avenue and N.E. 8th Street intersection comply with the requirements of 2.4.7(8)(5)? 1 Yes No Would the waiver of Section 4.6.14(A)(2) to reduce the site visibility triangle to 30' at the N.E. 6th Avenue and N.E. 7th Street intersection comply with the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.6.14.(A)(1) N.E. 5th Avenue to 15' 4.6.14(A)(2) NE 5th Ave/NE 8th St. to 30' 4.6.14(A)(2) NE 6th Ave/NE 8th St. to 30' 6. Based on the entire record before it, the City Commission hereby adopts this Order this 18th day of March, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Zubek, Senior Planner Paul Dorling, ACIP, Director Planning and Zoning THROUGH: City Manager DATE: March 14, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 PRELIMINARY AND FINAL PLAT/MIDTOWN DELRAY ITEM BEFORE COMMISSION The item before the City Commission is that of approval of a preliminary plat and certification of a final plat fora 9.85 acre mixed-use development containing 116 feet-simple townhouse lots and 29,571 square-feet of medical office to be platted as Midtown Delray. The subject property is located at the southwest corner of Linton Boulevard and Old Germantown Road, west of Park Access Road. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The property involves a 9.85 acre portion of "Blood's Grove Orchard" and a portion of the Old Germantown Road right-of-way that is to be abandoned. The property has operated as a commercial area with associated retail for the processing and selling of citrus produce. All of the structures on site are to be demolished. The property is presently zoned SAD (Special Activities District) and has a Future Land Use Map (FLUM) designation of TRN (Transitional). At its meeting of December 11, 2007, the City Commission approved the rezoning request to modify the Blood's Grove SAD (Special Activities District) Ordinance #51-95 via Ordinance #46-07 to accommodate the Midtown Delray mixed-use development; which includes 116 fee-simple townhouse units (32 of which are subject to the City Affordable Workforce Housing Ordinance) and 29,571 square-feet of medical office. The final plat creates Tract "H" for the medical offices, 116 fee-simple townhouse lots and 3 tracts (Tract "E", "F", and "G") that are dedicated as common areas; a small 75 square-foot portion of land to be dedicated as public right-of-way (Tract "A"); a lake management tract platted as Tract "D"; an internal access tract for the residential portion of the development (Tract "C"). All of the above referenced elements that comprise the final plat of Midtown Delray are now before the City Commission for approval. Concerns have been raised about the selling of Tract "H". A condition of the Planning and Zoning staffs recommendation is that a master association be created and that each component (residential and medical office) are to be members. This master assocation will deal with the business of ongoing maintenance of common elements of the development including but not limited to drainage, shared access, common landscape area maintenance, etc. REVIEW BY OTHERS The plat is to go before the Planning & Zoning Board at their meeting of March 17, 2008, and their action will be reported to the City Commission at this meeting. RECOMMENDATION Approve the Preliminary Plat and certify the Final Plat for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA PRELIMINARY AND FINAL PLAT APPROVAL MIDTOWN DELRAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This preliminary and final plat approval request has come before the City Commission on March 18, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the preliminary and final plat approval requests for the Midtown Delray Development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS: LDR Section 3.1.1 Required Findings: Pursuant to Section 3.1.1 the following provisions must be met for land development applications: (A) Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. (B) Concurrence: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. (C) Consistence: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. (D) Compliance with LDRs: Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. Does the preliminary and final plat meet the requirements of Section 3.1.1? 1 Yes No LDR Section 3.2.3 Standards for Plat Actions: Pursuant to Section 3.2.3 the following provisions must be met for plat actions: (A) Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. (B) Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. (C) Open space enhancements as described in policies found under Objective B-1, of the Open Space and Recreation Element are appropriately addressed. (D) The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. (E) Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. (F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. (G) Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. (H) The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. (I) Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. (J) Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Does the preliminary and final plat meet the requirements of Section 3.2.3? Yes No 2 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the preliminary and final plat applications were submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves 6. Based on the entire record before it, the City Commission hereby adopts this Order this 18th day of March, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 3 ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat fora 9.85 acre mixed-use development containing 116 fee-simple townhouse lots and 29,571 square-feet of medical office to be platted as Midtown Delray. The subject property is located at the southwest corner of Linton Boulevard and Old Germantown Road, west of Park Access Road. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The property consists of a 9.85 acre portion of the "Bloods Hammock Groves" annexation area known as "Blood's Grove Orchard" that was originally created via warranty deeds recorded in Official Records Book 8570, Pages, 1266-1267 and Official Records Book 9579, Pages 136- 139. The land to be platted also includes a portion of the Old Germantown Road right-of-way (under claim by the Lake Worth Drainage District) that is to be abandoned. The property has operated as a commercial area with associated retail for the processing and selling of produce from nearby orange groves. All of the structures on site are to be demolished. The property is presently zoned SAD (Special Activities District) and has a Future Land Use Map (PLUM) designation of TRN (Transitional). On September 19, 1995, the City Commission approved Ordinance #51-95 which established the initial SAD (Special Activities District) zoning classification for the above referenced parcel. At its meeting of September 17, 2007, the Planning and Zoning Board recommended approval of the rezoning request to modify the Blood's Grove SAD (Special Activities District) Ordinance #51-95 to accommodate the Midtown Delray mixed-use development; which included 116 townhouse units (32 of which are subject to the City Affordable Workforce Housing Ordinance) and 29,571 square-feet of medical office. At its meeting of October 24, 2007, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations for the Midtown Delray mixed- use development, subject to the condition that the property be platted and that a portion of Old Germantown Road be abandoned. An abandonment application was subsequently filed and will be processed concurrently with the plat. At its meeting of December 11, 2007 the City Commission adopted Ordinance #46-07, which modified the Blood's Grove SAD (Special Activities District) Ordinance #51-95, and approved two waivers in accordance with the proposed Midtown Delray mixed-use development. The plat currently before the Board is required for multi-family/townhouse and mixed-use type developments. PLAT DESCRIPTION The development proposal includes the demolition of all existing structures and the construction of 116 townhouse units (32 of which are regulated by the City's Affordable Workforce Housing Ordinance) and 29,571 square-feet of medical office. The 116 townhouse units will be developed as three-story townhouses contained in seventeen (17) buildings and platted on 116 fee-simple lots. The 29,571 square-foot medical office will be three stories in height and provide 148 surface parking spaces. P&Z Board Staff Report, Meeting of March 17, 2008: Midtown Delray Plat Page 2 The townhouse units will be developed on Lots 1-116, which range in width from 17.00' to 22.33' wide by 51.62' to 85.56' deep. Each townhouse structure will be three stories with two or three bedrooms, one or two car garages, and vary in size from 1,418 square-feet to 1,906 square-feet. The medical office will be platted at the northern end of the property on Tract "H". Vehicular access to both the medical offices on the northern portion of the development (Tract "H") and the residential units on the southern portion of the development will be accommodated via a shared 24' access easement with an ingress/egress point on Park Access Road connected to an internal private roadway system. The easement will provide cross-access between the northern and southern portions of the development, thus making vehicular and pedestrian travel between the two portions of the development possible. Additional access to the residential portion of the development is provided from a second ingress/egress point located further south on Park Access Road. Both access points connect to a 29' wide internal access tract dedicated on the plat as Tract "C". Direct access to each residential unit and the medical office in both portions of the development will be accommodated via the above mentioned internal tracts and easements; no unit will take direct access from any adjacent public right-of-way. An additional egress only point from the medical office parking area to Linton Boulevard is provided in the center of the development along the northern property line. In addition to the above, the plat includes 3 tracts (Tract "E", "F", and "G") that are dedicated as common areas; a small 75 square-foot portion of land to be dedicated as public right-of-way (Tract "A"); a lake management tract platted as Tract "D". The plat also accommodates a bus shelter easement dedicated as a mass transit purpose area; and a 0.29 acre portion of Old Germantown Road that is to be abandoned and incorporated within the northeastern corner of the property. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) -Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of TRN (Transitional), and is zoned SAD (Special Activities District). Pursuant to the Land Use Designation/Zoning Matrix (Table L-7, Future Land Use Element), the SAD zoning district is consistent with the TRN Land Use Map Designation. Pursuant to LDR Section 4.4.25(8)(1), all uses which are to be allowed in a particular SAD must be established via a rezoning ordinance. At its meeting of December 11, 2007 the City Commission adopted rezoning ordinance #46-07 which established parameters for the Midtown Delray project. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1(8) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund P&Z Board Staff Report, Meeting of March 17, 2008: Midtown Delray Plat Page 3 and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ^ Water service will be provided to the site via service lateral connections to existing 12" water main within Park Access Road and an existing 8" water main within Orchard Lane. ^ Sewer service will be provided via a service lateral connection to an existing 8" sanitary sewer main within Orchard Lane. ^ Adequate fire suppression will be provided via multiple fire hydrants dispersed throughout the property or located within adjacent right-of-way. The 116 townhouse units and the medical office will have a minimum impact on water and sewer demands as it relates to this level of service standard. The adopted Comprehensive Plan states that the City's Water Treatment plant and South County Regional Wastewater Treatment Plant have adequate treatment capacity for the City at build-out. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system and the plat includes a centrally located lake management tract (Tract "D") which accommodates drainage from both the residential and commercial portions of the development. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining surface water permits. Streets and Traffic: The applicant has submitted a traffic study which indicated that the proposed development will generate 1,827 Average Daily Trips (ADT) with 128 A.M. Peak Hour Trips and 164 P.M. Peak Hour Trips. A letter from the Palm Beach County Traffic Division indicating that the proposed project meets concurrency with the Palm Beach County Traffic Performance Standards Ordinance has been provided, and thus, traffic concurrency requirements have been met. Parks and Recreation Facilities: The medical office will have no impact on parks and recreation facilities. The proposed residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in-lieu fee of $58,000 will be required of this development. Solid Waste: The proposed 116 townhouse units will generate 60.32 tons of solid waste per year (116 units x 0.52 tons = 60.32 tons). The medical office will generate 68.01 tons of solid waste per year (29,571 sq. ft. x 4.6 tons = 136,026.6 / 2000 = 68.01 tons). The solid waste that would be generated can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021. P&Z Board Staff Report, Meeting of March 17, 2008: Midtown Delray Plat Page 4 School Concurrence: A letter has been received from the Palm Beach County School District indicating that the proposed 116 unit residential development meets the concurrency standard; and thus a positive finding with respect to this level of service. Section 3.1.1 (C) - Consistence: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) -Compliance with the Land Development Regulations: • LDR Section 4.3.3(0)(2) (Plat Required): Each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each unit must be shown on the plat. All townhouse units have been shown as separate lots and the recreation, buffer, etc. portions of the development are shown as separate tracts. The three-story medical office building will be contained within Tract "H" with appropriate dedication language on the plat. Blood's Grove Circle (Tract "C") has been dedicated on the plat as a 29' privately maintained internal right of way that will contain 20' of pavement, 4' utility services and a 5' sidewalk. Two ingress/egress points along the eastern side of the development from Park Access Road have been provided and one egress only point from the medical office parking area to Linton Boulevard is provided in the center of property along the northern property line. • LDR Section 6.1.3(B)(2)(Sidewalk Design Requirements): Pursuant to LDR Section 6.1.3(8)(2), 5' wide sidewalks must be constructed within the street right-of-way (or easement or tract). A 5' wide concrete sidewalk is required along the south side of Linton Boulevard and the west side of Park Access Road and has been provided within the existing right-of-way. At its meeting of December 11, 2007 the City Commission granted a waiver request to LDR Section 6.1.3 (D)(1)(b) to allow a sidewalk on one side of the street instead of on both sides of the street, internal to the project. The required 5' sidewalk on one side of the internal street system has been shown within the 29' wide right- of-way (Tract "C"). It should be noted that all of these sidewalks will be constructed within the public or private right-of-way and therefore will not require additional sidewalk easements. • LDR Section 5.3.1(Right-of-Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. Vehicular access will be taken directly from Park Access Road as points of ingress/egress to the privately maintained, 29' wide internal access Tract "C" (Blood's Grove Circle). Near the northeastern corner of the property, a small portion of land (75 square-feet) shown on the plat as Tract "A" will be dedicated as public right-of-way for Old Germantown Road; and a 0.29 acre portion of Old Germanton Road will be abandoned immediately to the north of this tract and incorporated into the overall property. P&Z Board Staff Report, Meeting of March 17, 2008: Midtown Delray Plat Page 5 Pursuant to LDR Section 5.3.1(D)(2) an 80' right-of-way for Linton Boulevard is required, and Table T-1 of the Transportation Element of the Comprehensive Plan requires 120' where 106' currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedications in right-of-way width. The City Engineer and DSMG have reviewed this item and have determined that the current right-of-way width of 106' is adequate for this portion of Linton Boulevard. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for Park Access Road and Orchard Lane is 60' feet, which currently exists for both roads. • LDR Section 6.1.2(C) (Design Standards -Pavement Width): Pursuant to LDR Section 6.1.2(C)(3)(a), the minimum paving width for roads interior to the subdivision is 24'. Tract "C" (Blood's Grove Circle) has been shown and dedicated as an interior access tract for the southern portion of the development. The pavement width for both of these interior roadway tracts is 20' in most areas. The City Engineer and DSMG have reviewed the request for a reduction of pavement width and have determined that a minimum pavement width of 20' is sufficient. Pursuant to LDR Section 6.1.2(C)(3)(c) the applicant submitted a waiver to reduce the minimum pavement width from 24' to 20', and the City Commission approved this waiver at its meeting of December 11, 2007. • LDR Section 5.1.2(A) (Unified Development): While this development is being platted into different tracts, it is to be considered and operated as a unified site. It is noted that the residential portion utilizes the entire unified site in establishing allowable development densities. To this end, a master association is to be created and each component (residential and medical office) are to be members. This master association will deal with the business of ongoing maintenance of common elements of the development, including but not limited to, drainage, shared access, common landscape area maintenance, etc. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan were conducted with the Site Plan and all applicable objectives or policies along with a discussion on how they are addressed is attached as Appendix "C". TECHNICAL ITEMS Technical comments from the Planning & Zoning Department and Environmental Services Department are attached as Appendix "B", and must be addressed prior to consideration of scheduling the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. It should be noted that the applicant is currently revising the plat based upon comments generated during technical review; however, a revised plat has not been submitted at the time this report was written. P&Z Board Staff Report, Meeting of March 17, 2008: Midtown Delray Plat Page 6 REVIEW BY OTHERS The development proposal is not within the DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency) geographical areas and therefore review is not required. Courtesy Notices: A courtesy notice has been sent to the following neighborhood and civic associations: • Neighborhood Advisory Council • Hammock Reserve • Shady Woods • Spanish Wells • Fox Chase • Oakmont • Verona Woods • Rabbit Hollow • Andover • Crosswinds • Abbey Delray South Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposal to plat 116 townhouse units and 29,571 square-feet of medical office is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat and engineering plans will require minor technical modifications, as listed in "Appendix "B" -Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request of the Preliminary Plat and certification of the Final Plat for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Midtown Delray, by adopting the findings of fact and law P&Z Board Staff Report, Meeting of March 17, 2008: Midtown Delray Plat Page 7 contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: Reduced Plat Appendix "A" Reduced Site Plan Appendix "B" Appendix "C" Location Map P&Z Board Staff Report, Meeting of March 17, 2008: Midtown Delray Plat Page 8 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meeting of March 17, 2008: Midtown Delray Plat Page 9 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meeting of March 17, 2008: Midtown Delray Plat Page 10 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plannin_g & Zonin_g Department Comments: Technical Comments: 1. A master association is to be created and each component (residential and medical office) are to be members. This master association will deal with the business of ongoing maintenance of common elements of the development including but not limited to drainage, shared access, common landscape area maintenance, etc. Plat Comments: 1. The centerline for the internal access tract (Blood's Grove Circle) is based on the 20' pavement width, not the tract lines. Please revise. 2. The 24' access easement dedication statement should to read "the owners, successors, and assigns" of Tract "H". 3. The easement area for a temporary lift station is shown, but not labeled or dedicated on the face of the plat. Please revise. 4. A space for notation of the City Resolution enacting the abandonment of a portion of Old Germantown Road and a space for the Official Records Book and Page(s) must be shown. 5. Please provide documentation that the FPL easement along the west side of the plat (O. R.B.-2749, P.G.-714) has been abandoned. 6. In the City approvals signature block, the signature space for the Planning and Zoning Board Chairperson should read: CHAIRPERSON, PLANNING AND ZONING BOARD. 7. The space for an O.R.B. and P.G. should be removed from the dedication of Tract "A" because this portion of right-of-way is being conveyed via plat not special instrument. Environmental Services Department's Comments: Plat Comments: 1. No Comments. Technical Comments: 1. No Comments. P&Z Board Staff Report, Meeting of March 17, 2008: Midtown Delray Plat Page 11 APPENDIX - C COMPREHENSIVE PLAN POLICIES Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property was previously developed as commercial site for the processing of produce. Give the development patterns of the surrounding area, which include several residential developments within the project's vicinity and medical offices at the nearby intersection of Military Trail and Linton Boulevard, the proposed townhouses and medical office are consistent with the neighborhood and the commercial areas on Linton Boulevard. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use residential and office development. Section 2.4.5 (F)(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The property is bordered by the following zoning designations and uses: Direction Zoning Uses North RL Residential (Shady Woods) West RM-8 Residential (Hammock Grove) South RM-8 Residential (Hammock Grove) East CF, OSR, RM Orchard View Park, Fire Station #5 The proposed residential development is compatible and consistent with the surrounding uses and will not cause a substantial depreciation of property values. =MMA UEL CHRIST GA OLfC THE KING CNU CN MONASTERY OF ST. 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Ruby, City Attorney DATE: March 12, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 LEASE AGREEMENT/PALM BEACH COUNTY/NEW HEAD START FACILITY ITEM BEFORE COMMISSION The item before the City Commission is the Lease Agreement between the City and Palm Beach County for the new Head Start Facility to be located as shown on Exhibit 1 -Sketch. BACKGROUND Palm Beach County's Head Start Program is currently housed in temporary modular facilities located on the northwest corner of Catherine Strong Park. The County initially proposed to build permanent, larger head start facilities on a vacant portion of their administrative complex site west of the railroad, thus moving the facility out of the neighborhood where the children it serves reside. The children would have to be transported back and forth across the railroad on a daily basis. With the cooperation and assistance of County staff, we have been able to develop a new site on the east side of Catherine Strong Park in order to keep the facility in the neighborhood it serves. This new site will also make possible the ultimate redevelopment of the County administrative complex as part of the Congress Corridor redevelopment. The City received the Catherine Strong Park lands from the County by dedication in a resolution in 1948. In subsequent years, we have leased a portion of the land back to the County for Head Start purposes. In addition, the City purchased what is referred to as Tract B from Auburn Trace on Apri128, 2006. The County desires to Lease part of Tract B and a portion of the Catherine Strong site as shown as the hatched area on an exhibit to be labeled for agenda purposes as Exhibit 1 -Sketch. Eventually, the lands will be conveyed to the County once the new facility is built. The Agreement provides: 1. Term of 99 years with annual rent of $1.00 each year. Construction will commence upon a timeline agreed to by the parties, with the timeline to be reviewed every three years. 2. The property will be used for the Head Start Facility. 3. City to initiate zoning to CF within six months of effective date (signing of Lease) with rezoning to be completed in one year. 4. City to provide area for stormwater retention with costs to be paid by the County. Flow and drainage easements are to be provided. Cross Access Easements to be obtained as needed. 5. Once the Head Start Facility is constructed on the new site, the County will upon ninety (90) days notice terminate the Lease of the old site and 90 days thereafter remove its buildings from the old site. 6. The County will pay the City, within 30 days of the date of the issuance of a Certificate of Occupancy for the new Head Start Facility, $340,631.24 (the price is for land located on Part B with no money to be paid to the City for the Catherine Strong Park as they gave it to the City originally at no cost). The price the County is paying is the per acre price for the part of Tract B after deducting $220,000.00 for estimated fill costs to bring it to grade and is based on the $249,169.44 per acre price the City paid to Auburn for Tract B. The final amount will be adjusted up or down, depending on actual acreage. 7. If for some reason there is no closing, the City agrees to convey the land to the County at the end of the 99 year lease. 8. The City has 30 days to review conceptual design plans after submission by the County and 30 days to approve final plans. 9. County shall pay for utility extension and utilities. RECOMMENDATION The City Attorney recommends approval of the Lease Agreement between the City of Delray Beach and Palm Beach County for lands for the Head Start Facility. LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered unto , by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City" and PALM BEACH COUNTY, a political.subdivisian of the State of Florida, hereinafter referred to as "County", or collectively referred to as the "Parties". WITNESSETH: Inn consideration of the rents, covenants, and agreements hereinafter reserved and contained an the part of the County to be observed and performed, the City demises and leases to County, and the County rents from City the Premises as hereinafter defined upon the following terms and conditions: ARTICLE I DEFII~ITION$ Section 1.81 Definitions (a) City Retention Area - 2.77 acres of Tract B to be used as dry detention and a retention pond by City, as identified as the Dry Detention area on the Conceptual Master Plan, Exhibit "A", attached hereto and incorporated herein. {b) Head Start Facility -improvements to be constructed on the Head Start Property by the County for the Head Start program, including surface paxkimg areas. {c) Head StartProperty - 97,808 square feet, rounded to 2.25 acres of Tract B and 60,480 square feet, rounded do 1.39 acres of Park Property as described in Exhibit "B", attached hereto and incorporated herein, and identified on the Conceptual Master Plan. The legal description of the Head Start Property will be based on the: final site plan approved by the County and the City. (d) Park Property -City's Catherine Strong Park identified on the Conceptual Master Plan. (e) Premises -the Head Start Property together with any improvements now existing or constructed hereinafter thereon. (f) Tract B - 6.02 acres purchased by City adjacent to the northeast comer of the Park Property, identified on'the Conceptual Master Plan. (g) Triangle Parce! - 0.4 acres of undeveloped land in a triangular shaped parcel located northwest of the Park Property and identified on the Conceptual Master Plan. ARTICLE II PURPOSE Sectjon Z.Ol Purpose The purpose of this Lease is to provide the County with a site on which to construct and operate a future pernnanent Head Start Facility. The County's Head Start program in Delray Beach is currently operated in modular units on property leased from the City. on the Delray Beach Lease Page 1 of ] 7 west side of the Park Property. The County has. a plan in place to construct its future permanent Head Start Facility at the County's South County A[lzainistrative Complex, but the recent acquisition of six acres of land by the City has created an opportunity to locate the permanent Head Start Facility adjacent to the Park Property. Locating the permanent Head Start Facility on the Head Start. Property rather than the South County Administrative Complex is more desirable to the County because it is closer to the Head Start program's service area and more desirable to the City in order to maintain the services in the community and because it allows property at the South County Administrative Complex to become available for redevelopment. The City is very anxious to redevelop the Congress ?,veaue corridor of which the South County Administrative Complex is a part. ARTICLE III TERM AND EFFECTIVE-DATE Section 3.Q1 Length of Term and Effective Date. The term of this Lease shall commence on the date of full execution of this Lease (the "Effective Date"}, and shall extend for a period of ninety-nine {99) years thereal~er (the. "'T'erm"), unless sooner terminated pursuant to the previsions of this Lease. Notwithstanding the foregoing, or anything in this Lease to the contrary, at any time following the f`sfteenth anniversary of the Effective Date of this Lease, City shall have the right to terminate this Lease by written notice to the County if construction of the Head .Start Facility has not commenced, whereupon the parties shad be relieved of all further obligations hereunder. ARTICLE IV RENT Section 4.OI Anaua! Rent County shall pay City for the use and occupancy of the.Prenuses Annual Rent of One Dollar and no cents ($1 AO} payable by Countyupon the Effective Date and each anniversary thereof. This Lease is intended to be a "grass" Iease and County's obligations hereunder shall be limited to those specifically set forth herein. ARTICLE V USE OF HEAD START PROPERTY Section 5.01 Use of Head Start Property. The County snag use the Head Start Property for the construction and operation of its Head Start Facility and any other future government-related improvements subject to all applicable zoning laws, rules, and regulations affecting the Premises. The preliminary Conceptual Master Plan, attached hereto as Exhibit "A", identifies the uses proposed by the County on the Head Start Property and the City on the City Retention .Area and Park Properly. The County and City acknowledge that. further planning of each other's uses will be an an going process and agree to cooperate in revising the Conceptual Master Plan as may be required to accommodate each other's interests provided, however, neither patty. shall be required to make revisions which impair such patty's intended use. Each party's obligation to reasonably cooperate and revise the Conceptual Master Plan-shall include, without limitation, the execution of an amendment to this Lease to evidence the agreed upon change to the Conceptual Master Plan. Delray Beach Lease Page 2 of 17 Every three (3}years after the effective date ofthis A~eement, the County and City .shall meet to discuss tkze County's construction timeline for the Head Start Facility at a mutually agreed date, time and location. ARTXCLE Yl DEVELOPMENT liEQiTIR.EMENTSRND APPROVALS Section 6.01 Development Obligations of County and City. (a) City shall initiate the process of rezoning the Head Start Property to CF (Community Facilities) within six (6} months of the Effective Date and shall exercise reasonable efforts to conclude the rezoning process within one {I}year of the Effective Date. In the event City is unable to obtain rezoning of the Head Start Property to CF within one (I) year of the Effective Date, the County may, at its sole discretiofl, continue to lease the Premises with the original zoning or terminate this Agreement by giving written notice to the City, .whereupon the parties shall be relieved of al! further obligations hereunder. (li} In the event the Head Start Property is rezoned to CF, the County, at its sole cost and expeztse, Shall apply for all required development approvals for the Head Start Facility from the appropriate governmental agencies,. including, but not limited to, re-platting and subdivision approvals. Specifically, the County, at its sale cost, shall have Tract $ replotted to include the 1.39 acres of Park Property that shall become part of the Head Start Property; if desired liy the City, the County shall also have the Park Property r~platted on behalf of the City at the City's sale cost. The- approvals and permits being sought by the County--shall be individually and collectively referred tp as the "Government Approval" or "Approvals". City and County shall each. be responsible for their own Staff costs and expenses related to obtaining Government Approvals. City shall timely execute all consents and applications, and/or owner authorizations as may be required for the County to make application far and process such Government Approvals. In addition, the City shall secure the consent of the School Board of Palm Beach County and Auburn Trace, LTD to modify the South Florida Water Management District Environmental Resource Permit No. 50- 0746bP (Addendum No. 051 110-12) in the form set forth in Exhibit "C", attached hereto and incorporated herein. City shall also acknowledge the consent of City and secure the consent of the School Board and Auburn Trace, LTD to use a portion of Tract B for the development of the County's Head Start Facility pursuant to the Consent Agreement set forth. in Exhibit "D", attached hereto amd incorporated herein. The consents being sought from the School Board, Auburn Trace, LTD, and the City shall be individually and collectively referred to as floe "Consents"'. City shall assist the County with aggressively pursuing the necessary Crovemment Approvals and Consents. The parties expressly understand that time is of the essence. In the event that the County fails to obtain Approvals or Consents or is unwilling to accept Approval or Consent conditions, the County may terminate this Lease and each party shall be relieved of its obligations hereunder. The parties acknowledge and agree that City is entering into this in its proprietary capacity as the owner of the Premises and that nothing contained herein shall be construed as limiting, prohibiting or eliminating the obligation of the parties to comply with applicable ordinances, statutes, and laws as they may pertain to land use approvals. {c) City shall provide the County with an area for positive. storm water retention and outfall tin the City Retention Area sufficient to accommodate County's use of the Head Start Property as depicted an the Conceptual Master Plan. All costs associated with the storm water management for the Head Start Property, including, but not limited to, permits and construction, shall be the sole responsibility of the County. -When requested by the County, City shall grant County, at no cost to County, an Easement for legal positive storm Delray F3each Lease Page 3 of 17 water outfall from the Head Start Property to the: City Retention Area. The Drainage Easement shall be in the form set forth in Exhibit "E" attached hereto and made a part hereof (the "Drainage Easement"). City and County agree that they will work cooperatively to determine the most effective way to ac.cammodate, within the City Retention Area, all the siorrn water outfall and storage for the uses already permitted pursuant to ERP Permit No. 50-07446 F and Addendum 051110-12 as well as the Head Start Facility, including any stormwater capacity required by the Bays and Girls Club leasehold located within the Park Property. To the extent that ail stormwater needs cannot be met within the City Retention Area, the County shall have the right to construct an underground drainage line through the Park Property and use all ox a part of the City's Triangle Parcel to meet the additional storm water needs pursuant to the terms of the Consent Agreement set Earth in Exhibit "F", attached hereto and incorporated herein. The City shall grant an easement, the farm of which will be substantially ss`milar to the drainage easements attached to this Agreement as Exhibits "E" and "G", to the County to convey stormwater through the Park Property and shall consent to the use and joint permitting ofthe Triangle Parcel for supplemental stormwater retention. The County shall seek any permits required and pay all costs associated with the use of the Triangle Parcel as supplemental stormwater retention including design, permitting, and construction. (d) When requested by the City, County will join City in entering into a Flowage Drainage Easement Agreement for legal positive outfall for storm water drainage from the Park Property to the City Retention Area through the Head Start Property. The .Flowage Drainage Easement shall be .in the form set forth in Exhibit "G", attached hereto and incorporated herein (the "Flowage Drainage Easement"). (e) Updn completion ofthe Head Start Facility, and if requested by City, County will join Gity in entering into a Grass Parking Easement Agreement with the Boys & Girls Club, located adjacent to the southwest corner of the Head Start Property. The County, at its sale cost and expense, shall install any fencing and improvements it deems necessary. far the security of the Head Start Facility due to the Cross Parking Easement Agreement. The terms of the Crass Parking Easement Agreement will be such twat the use of the Head Start Property by the Boys and Crirls. Club will not.unreasonably interfere with and have minimal impact upon the County's use and enjoyment ofthe Head Start Property. (f) Towards the end of construction ofthe Head Start Facility, County will provide City with the required 90 days notice of termination of the County's Iease with the City, R96- 984D, as amended, for the property where the County's existing Head Start modular buildings are located. Within the ninety (90) day termination period, County, at its sole cost and expense, will remove the modular buildings from the leased Premises together with all associated above-ground improvements. The removal of improvements shall include the capping and removal of utilities, if necessary. (g) City acknowledges that the use ofthe Park facilities located within the Head Start Property, including specifically the basketball courts, will be ternrinated upon commencement of construction of the Head Start Facility. City further acknowledges and agrees that the County has the right, but not the obligation, to demolish the Park facilities located within the Head Start Propertyupon commencement of construction ofthe Head Start Facility. City will make whatever arrangements it deems necessary. to relocate the Park facilities to a location within the Park Property at its sole cost and expense. Delray Beach Lease Page 4 of 17 (h} Upon the County obtaining Government .Approvals, the City shall within one hundred eighty (180) days obtain the following releases: (i) Release of the Easement Grant (blanket cable easement) as recorded in ORB l 6423, Page 1844, in the public records. of Palm Beach County. (ii) Release of Limitation of Use (site dedicated as an outdoor recreation area) as recorded in ORB 14372, Page .1472, in the public records of Palm Beach County. (iiij Amend the Cross Easement Agreement as recorded in ORB 2U273, Page 1347, in the public records of Palm Beach County, if a modification is required tv reconfigure .Easement Parcel One (Head Start Facility site) pursuant to the final site plan approval. The parties expressly understand that time is of the essence. In the event that the City fails to obtain releases or ifthe County is unwilling to accept the release conditions, the County may terminate this Lease and each party shall be relieved of its obligations hereunder. ARTICLE VII LEASING 1tEQ[TIREMENTS Section 7.Dx Title Insurance Commitment. Frior to City's approval of the Conceptual Design PIan for the Head Start Facility referenced in Section 9.01 of this Agreement, County shall obtain a title insurance cnmrnitment for the Head Start Property, the Drainage Easement and if the parties have identified the location, the other appurtenant easements, referenced in Section 6.01 {c} from SouthEast Guazanty & Title, Inc., together with legible copies of all exceptions to coverage reflected therein, in the amount of $560,631.24 (Lump Sum Payment of $340;63I.24 plus $220,000 for EIl} to insure the marketability of the leasehold to the Head Start Property, the Drainage Easement, and other .appurtenant easements subject only to the Permitted Exceptions Hated on Exhibit "H", attached hereto and incorporated herein. The cost of said commitment and any premium for title insurance issued pursuant to such commitment shall be borne by the County. The County shall have thirty (30) days after receipt of the title insurance commitrnent in which to review same. In the event the title insurance commitment shows as an exception any matter other than the Permitted Exceptions, County shall notify City of County's abj ection thereto, and Gity shall act with best efforts, including bringing suit, to remove such exception(s), which exceptions shall be deemed to constitute titledefe~ts. The City shall be entitled to ninety (90) days from the date of notification by County within which to cure such defects or to make arrangements with the title insurer for deletion of any such title defects from the commitment without the inclusion of any additional exceptions to coverage. If notwithstanding City having exercised best efforts to remove such title defect, the defect(s) shall not have been so cured or removed from the commitment by endorsement thereto at the termination of the said ninety (90) day period, County shall have the option of {a} accepting title to the Head Start Property as it then exists; or (b}terminating this Agreement, by giving written notice thereof to City, in which event County shall be relieved of all further obligations hereunder. Section 7.02 Endorsements and Additional Exceptions. Upon Gity's approval of thc Conceptual Design Plan for the Head Start Facility, City snail cause the title insurance commitment to be endorsed to remove, without the inclusion of any additional exceptions to coverage, any and ail requirements or preconditions. to the Delray Beach Lease Page 5 of ] 7 issuance of a title insurance policy insuring County's leasehold and easementinterests, and to delete any exceptions for: {a) any rights or claims of parties in possession not shown by the public records; (b) encroachments, overlaps, boundary line disputes and any other matters which would be disclosed by an accurate survey and inspection of the Head Start Property; (c) easements or claims of easement not shown by thepublie records; (d) any lien, or right to alien, for services, labor or material heretofore or hereinafter famished, imposed by law and not shown by the public records; (e) taxes for the year of Closing and all prior years, and taxes or special assessments which are not shown as existing liens by the public records; (f) matters arising or attaching subsequentto the effective date of the commitment; and {g) any general or specific title exceptions other than the.Permitted Exceptions noted an Exhibit "H". Section 7.03 Title Insurance Policy. Within thirty (30) days after City's approval of the Conceptual Design Plan of the Head Start Facility, County shall obtain a title insurance policy for the Head Start Property and the Drainage Easement referenced in Section 6.01(c) from SouthEast Guaranty & Title, Inc., together with legible copies of aIl exceptions to coverage reflected therein, in the amount of $560,63 I.24 (Lump Sum Payment of $340,631.24 plus $220,000 for f Il) to insure the marketability of the leasehold to the Head Start Property and the Drainage Easement, subject only to the Permitted Exceptions noted on Exhibit "H", attached hereto and incorporated herein. The cost of said policy and any premium therefor shall be borne by the County. If a title defect should arise by or through the City after the- County receives a title policy on the Head Start Facility, the City shall exercise best efforts to cure such defect. Section 7.04 Survey. County shall have the right to obtain a current survey of the -Head Start. Property, Drainage Easement and, if the parties have identified the location, the other appurtenant easements,. and all improvements thereon. If the survey reveals any encroachments, overlaps, boundary disputes, or other defects, or any matters other than the Permitted Exceptions, the same shall be treated as title defects as described in Section 7.01 of this Agreement, and County shall have the same rights and remedies as set forth herein. Section 7.05 1Na Further Action. From and after the Effective Date of this Lease, City shall take no action which would impairor otherwise affect title to any portion of the Head Start Property, and shall not record any documents in the Public Records,. other than those documents specifically contemplated in this Lease, which would affect title to the Head Start Property, without the prior written consent of the County, which consent shall be within the sole discretion of the County.. In the event a third party takes any action or records any documents in the Public Records, through no fault of the County, which would create a title defect to any portion of the Head Start Property prior to conveyance of the Head Start Property to the County, the City shall exercise its best efforts to cure such defect. Section 7.06 Payment for Head Start Property. Within thirty (30) days of the date of issuance ofthe final Certificate of Occupancy for the Head Start Facility, the County shall pay the City a lump sum payment of 'Three Hundred Forty Thousand Six Hundred Thirty-one Dollars and Twenty-Four Cents ($340,631.24) (the "Lump Sum Payment"} for the Head Start Properly. The amount of the Lump Sum Payment reflects a discount of Two Hundred Twenty Thousand Dollars ($220,000.04) for the estimated cost to fill the Head Start Property to buildable grade. Section 7.07 Price Adjustment. The parties acknowledge and agree that the Lump Sum Payment set ont in Section 7.06 above is based on the $249,169.44 per acre price paid by the City for Tract B multiplied Delray Beach I..ease Page 6 of ] 7 by the 2.25 acre portion of the Head Start Property located within Tract B. Upon .approval of the final Conceptual Site Plan and the .survey of the Head Start Property by the County, the Lump Sum Payment shall be adjusted up or down pro rata based upon $249,169.44 per acre "Per Aere Price") for the difference between the estimated and final acreage of the Head Start Property within Tract B. ARTICLE VIII CONVEYANCE OF HEAD START PRU)PERTY Section 8.01 Right of Conveyance. After the Lump Sum Payment has been paid to the City and regardless of whether the County has been or is then in default under this Agreement, the City shall convey the Head Start Property to the County as a separate legal lot ofrecord. Notwithstandingthe foregoing, the County shall have no obligation to dose if the City cannot convey the Head Stott Property as a separate legal lot of record. If further actions are necessary in order for the City to convey the Head Start Property as a separate legal lot of record, the City shall complete such actions within one-hundred eighty (180) days after the Lump Sum. Payment and prior to the conveyance. If the City cannot complete the necessary actions to convey the Head Start Property as a separate legal lot of record within one hundred (1$0) days after the Lump Sum Payment, the City may request an extension from the County. In the event that the. City has not conveyed the Head Start Property to the County during the term of this Lease, City shall convey the Head Start Property to the County upon expiration of the Term of this Lease pursuant to the terms of this Article VIII. The City shall convey the Head Start Property according to the terms, covenants, and conditions set forth in this Lease, together with all improvements located thereon, if any, ali rights, title, interest,. privileges, estates, tenements, hereditaments, and apptu~tenanees appertaining to the Head Start Property, including, without limitation, any .and all streets, roads, highways, easements, accesses, and tights of way appurtenant thereto if axy. Section 8.42 )dace of Closing. Closing shall be held at the Property and Real Estate Management Division office, 2633 Vista Parkway, West Palm Beach, Florida. Section 8.43 Termunatian Upan Conveyance to County. The terms and conditions of this lease shall ternninate upon the conveyance of the Head Start Property to the County. Section 8.44 Closing Documents. County shall prepare alI Closing documents. County shall submit copies of same to City no fewer than ten (10) days before Closing. Ac Closing, City shall deliver, or cause to be delivered to County, each fully executed and acknowledged as required, the following documents: (a) Statutory W arranty Deed. A Statutory Warranty Deed conveying good and marketable fee simple title W the Head Start Property, subject only to the Permitted Exceptions. (b) Af~iclavit of Seller. A Seller's Affidavit stating.that the Head Start Property is free and clear of all encumbrances, mortgages, liens, leases, licenses, contracts or claim of rights in a form sufficient to permit the title insurer to delete the "Gap" and "Standard Delray Beach Lease Page 7 of 17 Exceptions" from the title insurance policy and insure County's title to the Head Start Property in accordance with Article 7' of this Lease, subject only to the Permitted Exceptions. {c) Closing Statement. A Closing Statement prepared in accordance with the terms hereof. (d) Drainage Easement and Flowage Drainage Easement, A Drainage Easement as set forth in Section 6.01(c) and a Flowage Drainage Easement asset forth in Section 6A1 {d) and any other appurtenant easements shall each be executed and delivered at Closing by the appropriate party if one or both easements have not already been granted prior to. Closing. (e) Additional Documents. City shall also deliver andlor execute such other instruments as are reasonably necessary or reasonably required to consummate the transactions herein contemplated including, without limitation, if applicable, such documents as Countyy or the title company may require. (f) Title Policy. At the closing, County shall have the option, at County's expense, to convert the leasehold insurance policy referenced in Section 7.02 of this Agreement, to an owner's title insurance policy in the amount of $Sbl),631.2~ to insure the marketability of the Head Start Property, subject only to the Permitted Exceptions noted on Exhibit "H" and any additional exceptions approved by-the County. Prior to closing; City shall cause an owner's title insurance commitment to be endorsed to remove, without the inclusion of any additional exceptions to coverage, any and all requirements or preconditions to the issuance ofan owner's title insurance policy, and to delete any exceptions for: (a) any rights or claims ofparties in possession not shown by the public records; {b) encroachments, overlaps,. boundary line disputes and any other matters which would be disclosed by an accurate survey and inspection of the Head Start Property; (c} easements or claims of easement not shown by the public records; (d) any lien, or right to lien, for services, labor, or material heretofore ar hereina$er famished, impascd by law and not shown by the public records; {e) taxes for the year of Closing and all prior years, and taxes or specie! assessments which are not shown as existing liens by the public records; (f) matters arising or attaching subsequent to the effective date of the commitment but before the acquisition of record of title to the Head Start Property by the County; and (g) any general or specific title exceptions other than the Permitted Exceptions noted on Exhibit "H" ARTICLE IX CONSTRUCTION OPERATION AND MAINTENANCE Section 9.01 Construction on the Head Start Property. (a) County shall submit Conceptual Design Plans far the Head Start Facility to the City for its prior review and approval in its proprietary capecity, which approval shall not be unreasonably withheld, conditioned or delayed. City shall have thirty (30) days to review and approve, or request revision of, the Conceptual Design Plans. After approval of the Conceptual Design Plans, County shall prepare detailed design and construction plans. and specifications, including construction phasing plans ("Final Plans"} an accordance with ttre City's comments if any and the Conceptual Design Plans previously approved and submit same to City for its review and approval, again in its proprietary capacity. City shall have thirty (34) days to review and approve, or request revision of, the Final Plans in the event the Final Plans are not consistent with the Conceptual Design Plans approved vy the City; the approval shall not be unreasonably withheld, conditioned or delayed. Delray Beach Lease Page 8 of 17 In the event City fails to approve or disapprove such Conc.eptuaI Design Plans, revisions, or Final Plans within the applicable time period, County may consider such Conceptual Design Plans, revisions, or Final Plans, as the case maybe, approved by the City. Upon approval of the Final Plans by the City and upon receipt of the necessary government approvals, County shall be authorized to commence construction. G.ounty shall construct substantially th accordance with the Final Plans approved or deemed.approved by the City. (b) County shall construct all improvements, including drainage and landscaping, incompliance with any and all applicable governmental laws, regulations, rules, and orders, using standard construction methods. Upon commencement of construction, the County shall complete construction within a reasonable time and with due diligence. {c) County covenants and agrees that any and all improvements constructed upon the Premises by the County shall be completed at the sole cost and expense of County. City acla~owledges and agrees that title to all improvements constructed upan.the Presses shall remain with the County. {d) County shall ensure that all persons or entities performing work or providing materials to the County including, without limitation, all contractors, subcontractors, sub- subcontractors, laborers, materialmen, suppliers and professionals, are paid in full for such services and materials. (e) County shall require contractors to furnish, for the benefit of the City, a public construction bond if required under Section 255.05, Florida Statutes. County shall also require contractors to furnish satisfactory evidence of Statutory Worker's Compensation insurance, comprehensive general liability insurance, comprehensive auto insurance and physical damage insurance on a BuiIder's Risk form with the interest of the City endorsed thereon. {f) County shall obtain a public construction performance bond in accordance with Florida Statutes; Section 255.05, if required by such statute: ARTICLE X HAZARDOUS MATERIAL/POLLi1TANTS Section 1Q.01 Hazardous Substances. County shall comply with all applicable federal, state and.loca! laws, regulations and ordinances protecting the environment and natural resources and regulating hazardous substances. ARTICLE XI REPAIRS AND MAINTENANCE O> PREMISES Section 11A1 Governmental Regulations. County shall, at County's sole cost and expense, comply with all ordinances, laws, statutes, and regulations promulgated thereunder of all county, municipal, state, federal and other applicable governmental-authorities, now in force, orwhich may hereafter be in farce, pertaining to County or its use of the Premises. County shall not commit waste upon the Premises, nor maintain, conunit, or perAZit the maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose. County shall ensure that its employees and the Premises, throughout.the Term of Delray Beach Lease Page 9 of 17 this Lease, are in fup compliance with all federal, state, county, and local statutes, Iaws; rules, and regulations respecting the use. and occupancy of the Premises, provided County shall not be required to make alterations,. additions, or improvements to the Head. Start Facility in order to conform therewith. Section 11.42 Assessments. County shall pay, before. delinquency, all taxes or assessments which may be levied by any governmental authority against the Head Start Facility or other County improvements constructed on the Head Start Property during the Term of this Agreement to the extent that County and/or City are not exempt by law from said tax or assessment. Section 11.43 Responsibility of City. Between the Effective Date and the commencement of constrttctian of the Head Start Facility, City shall continue to maintain the Head Start Property in good repair and may continue to operate on it. Each party shall be liable for its own actions and negligence iin connection with the Head Start Property. Upon commencement of construction, City shall not be obligated or required to make any repairs or conduct any maintenance whatsoever to the Head Start Property. Notwithstanding the foregoing, County shall have no obligation to repair any damage arising from any negligent or intentional act or omission of City, its employees, agents, invitees or any third parties, which damage shall be promptly repaired by City. Section 11.04 Responsibility of County. Upon commencement of the construction of the Head Start Facility, the County shall maintain the Head Start Property and any improvements constructed thereon by County in good condition and repair, normal wear and tear and casualty excepted, at its sole cost and expense. Section 1L05 Personal Property. All of County's personal property placed or moved onto the 1'xemises shall be at the risk of the County or the owner thereof. Except as otherwise provided herein, City Shall not be Iiable for any damage to such personal property, except.to the extent caused by City, its agents, or its employees' willful or negligent acts or omissions. ARTICLE XII 1NDEMNI>H'ICAITON AND INSURANCE Section 12.01 Indemnit icatlan. Each parry shall be liable for its own actions and negligence :and, to the extent permitted by law, County shall indemnify, defend and hold harmless City against any actions, claims or damages arising out of County's negligent and wrongful acts occurring at the Premises or in connection with this Lease, and City shall indemnify, defend and hold hornless County against any actions, claims, or damages arising out of City's negligent and wrongful acts occurring at the Prenvses or in connection with this Lease. The foregoing indemniitcation shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 12.42 Liability Insurance. County shall, during the entire Term hereof, provide City with a certificate evidencing self-insurance coverage for comprehensive general liability in the amount of One Hundred Delray Beach lease Page l0 of 1T Thousand Dollars ($100,000) per person and Two. Hundred ThousandDollars ($200,000) per incident or occurrence and Workers' Compensation insurance covering all employees in accordance with Chapter 440, Florida Statutes. In the event the Legislature should change the County's exposure by Statute above or below the sums insured against, the County shall provide evidence of self- insurance to the extent of that exposure. ARTICLE XIII UTILITIES AND SERVICES Section 13.01 Utilities and Services to the Premises. County shall obtain water, sewer, electricity, gas and telephone utility service by contracting duectly with the utility or other companies furnishing such utilities and services to the Premises. County shall be solely responsible for and promptly pay .directly to the utility or other provider of such service alI charges and assessments for water, gas, electricity, trash collection and removal or any other utility used or consumed on the Premises. In no event shall City be Iiable for an interruption or failure in the supply of any such utilities to the Premises unless City is the supplier of such utility. ARTICLE XIV ASSIGNMENT AND SUBLETTING Section 14.01 Assignment and Subletting of Premises.. County may not assign, mortgage, pledge, or eneum~ber this Lease in whole or in part, nor sublet ail or any portion of the Premises, without City's prior written consent, which shall nut be unreasonably withheld. In the event of an approved assignment, County shall be released from any further obligation hereunder. Any sale, mortgage, or permitted pledge or encumbrance of the Head Start Property by City shall be subj ect and subordinate to the terms of this Lease. ARTICLE XV DEFAULT Section 15.01 Default by County. The occurrence of any one or more of the fallowing. shall constitute an Event of Default by County under this Lease: (i) failure by County to pay the Annual Rent within thirty (30) days after receipt of notice from City; (ii) failure by County to perform or observe any of the agreements, covenants, or conditions coxztained in this Lease on County's part to be performed or observed for more than thirty (30) days-after notice from City of such failure provided, however, that if the nature of the County's obligation is such that more than thirty {30) days are required fox perfomaanee then County shall not be in default if County commences performance within such thirty (30) day period and thereafter diligently pursues. the same to completion; or (iii) County's leasehold estate being taken by execution, attachment, ar process of law. If any Event ofDefault occurs, then, City shall grant County a reasonable period of time within which to cure such default during which time County shall utilize County's commercially reasonable efforts to remedy such default, If the County fails to cure the Event of Default within a reasonable period of time, the City may'seek specific performance of the terms of this Lease as the City's sole remedy. Section 15,02 Default by City. City shall be in default of this Lease if City shall fail to observe or perform any term, covenant, or condition of this Lease on the City's part to be observed or performed for mare than thirty (30) days after notice from County of such failure provided, however, that if the Delray Beach Lease Page 11 of 17 nature of the Guy's obligation is.such that more than thirty (30) days ate required for performance then City shall not be in default if City commences performance within such thirty {30) day period and thereafter diligently pursues the same to completion. If any default occurs, then, County shall grant City a reasonable period of dine within which to cure. such default during which tune City shall utilize City's commercially reasonable efforts to remedy such default. If the City fails to case the default within a reasonable period of time, the County rosy seek specific performance of the terms of this Lease as the County's sole remedy. ARTICLE XVI ANNUAL SUDGETA.RY FUNDING/CANCELLATION .Section 16.01 Fundiug. This Lease and all obligations ofCounty hereunder are subj ect to and contingent upon annual budgetary funding, by the Board of County Comrnissianers of Palm Beach County. Notwithstanding anything in this. Lease to the contrary, County shall have the right to cancel this Lease for any reason upon ninety {90) days prior written notice to City, whereupon the parties shall be relieved of all further obligation hereunder. ARTICLE XVII QUIET ENJOYMENT Section 17.01 Quiet Enjoyment of Premises. Upon the observance and performance of all the covenants; terms, and conditions on County's part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised and any extensions thereof without hindrance or interruption by City or any other person or persons lawfully or equitably claiming by, through, or under the City, subject, nevertheless, to the terms and conditions of this Lease. ARTICLE 7~EVIII CONDEMNATION Section 18.01 Condemnation of Premises. If, dozing the Term of this Lease, all orpart of the Premises shall be taken, condemned or conveyed pursuant to agreement in lieu of condemnation for pubIie or quasi public use, the entire compensation or award thereof, including any severance damages, shall be.apportioned between City and County in proportion to the value of their respective interests. County shall also be entitled to receive compensation for the value of any improvements made by County to the Premises and moving expenses. In addition, County may elect to terminate this Lease in which event this Lease shall terminate effective as of the date title is vested in the condemning authority, whereupon the parties shall be relieved of all further obligations occurring subsequent to the dateoftermination other than those relating t4 apporkionment of the compensation for. such condemnation. County will be allowed not fewer than sixty (6E~) days notice to remove its property from the Premises. ARTICLE XIX MISCELLANEOUS Section 19.01 Waiver, Accord and 5atisfactioa. The waiver by City or County of any default of any term, condition, or covenant herein contained shall not be a waiver of such term, condition,. or eovenarit, or any subsequent default of the same ar any other term, condition, or covenant herein contained. The consent or approval by City to, or of any act by County requiring City's consent or Delray Beach Lease Page 12 of I7 approval, shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent sinular act by County. The consent or approval by County to, or of any act by County requiring County's consent ar approval, shall not be deemed to waive or render unnecessary County's consent to or approval of any subsequent similar act by City. Section 19.02 Entire Agreement. This Lease and any exhibits attached hereto constitute all agreements, conditions, and understandings between City and County concerning the Premises: All representations, either oral ar written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition to this.Lease shall be binding upon City or County unless reduced to writing and signed by them. Section 19.43 Notices. All notices; consents, approvals, and elections {collectively, "notices"} to be given or delivered by or to any party hereunder shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The effeefive date of any notice shall be the date of delivery of the native if by personal delivery, courier services, or national overnight delivery service, or on the date of transmission with confirmed answer back if telecopier ar fax if transmitted before 5PM on a business day and on the next business day if transmitted after SPM or on anon-business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the pastel authorities as non-deliverable, as the case may be. The. parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: (a} If to the City at: City of Delray Beach 100 N.W. 1 S` Avenue Delray Beach, Florida 33444 Fax: (561) 243-7000 (b} If to the County at: Property & Real Estate Management Division Attention: Director 2633 Vista Parkway West Palm Beach, Florida 3341 i-5603 Fax: (561} 233-0210 with a copy to: County Attorney's Office Attn: Real Estate 301 North Olive Avenue, Suite 601 West Palm Beach, Florida 3340.1-4791 Fax: (561} 355-4398 Any party may from time to tinge change the address to which notice under this Lease shall be given such party, upon three (3) days prior written notice to the other partaies. Section 19.04 Broker's Commission. Delray Beach Lease Page 13 of 17 Each of the parties represents and warrants to the other that they have not dealt with any real estate salesperson, agent, finder, or broker in connection with this Lease. Section 19.Q5 Severability, If any term of this Lease, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable,the remainder of this'Lease, or the application or such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent pem~itted by law. Section 19.06 Captions. The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction ox interpretations of this Lease or any of its provisions. Section 19.07 Recording. County shall be entitled to record the Memorandum of Lease attached as Exhibit "I", and incorporated herein, in the public records of Palm Beach County for the purpose of providing public notice of County's interest in the Premises. Section 19.08 Waiver of Jury Trial. THE PARTIES HERETO WANE TRIAL BY JURY IN CONNECTION WITH PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY ETTIIER OF THE PARTIES HERETO AGAINST THE OTHER IN CONNECTION WITH THIS LEASE. Section 19.09 Governing Law and Venue. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in a state court of competent jurisdiction in Palm Beach County. Section 19.10 Time of Essence. Time is of the essence with respect to the performance.of every provision ofthis Lease in which time of performance is a factor. Section 19.11 Beaeft and Binding Effect. This Lease shall be binding upon and inure to the benefit of the heirs; successors, legal representatives, and assigns of the parties hereto. Section 19.12 Radon. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Addirional information regarding radon and radon testing may be obtained from County's public health unit. Section 19.13 Non-Discrimination. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation b.e excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Lease Section 19.14 Construction. No party shall be considered the author of this Lease since the parties hereto have participated in extensive negotiations and drafting and redrafting of Ibis document to arrive at a final agreement. Thus, the terms of tbis Lease shall not be strictly construed against one Delray Beach Lease Page 14 of 17 party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Lease and the same shall remain in full force and effect. Section 19.15 incorporation by Rei'erence. Exhibits attached hereto and referenced herein shaIl be deemed to be incorporated into this Lease by reference. Section 19.16 Effective Date of Lease. This Lease shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners and the Delray Beach City Commission. REMAINDER OF PAGE INTENTIQNALLY LEFT BLANK Delray Beach Lease Page 15 of 17 IN FITNESS WHEREOF, City and County have executed this Lease, or have caused the same to be executed, as of the day and year first above written. CITY: CITY OF DELRAY BEACH, a municipal corporation created and existing under the laws of the State of Florida ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL. SUFFICIENCY By: Rita Ellis; Mayor {Seal) City Aftorney SHARON R. BOCK CLERIC c4c COMPTROLLER By: Deputy Clerk APPROVED AS TO FORM AND LEGAI; SUFFICIENCY By: Assistant County Attorney G:1AdmintiDelray Headstart Lea9c 3-FO.08.fmal.M7.doe COUNTY: PALM BEACH COUNTY, a political subdivision of the State of FIorida By: Addie L. Greene, Chairperson APPROVED AS TO TERMS AND CONDITIONS By: Deparmaent Director Delray Beach Lease Page I6 of 1? SCHEDULE OF E~~ITS EXHIBIT "A"- CONCEPTUAL MASTER PLAN EXHIBIT "B"- DESCRIPTION OF THE HEAD START PROPERTY OR PREMISS EXHIBIT "C"- CONSENT TO MODIFICATION OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE PERMIT NO. SO-07466-P (ADDENDUM NO. O~lIIO-12} EXHIBIT "D"- CONSENT AGREEMENT TO CHANGE USE EXHIBIT "E"- DRAINAGE EASEMENT EXHIBIT "F"- CONSENT AGREEMENT TO CONSTRUCT DRAINAGE LINE EXHIBIT "G"- FLOWAGE DRAINAGE EASEMENT EXHIBIT "H"- PERMITTED EXCEPTIONS EXHIBIT "I"- MEMORANDUM OF LEASE Delray Beach Lease Page 17 of ]7 EXHIBIT "A" CONCEPTUAL MASTER PLAN r:~h~=<~ ~~~ ~M, 7T1M AY£ ar. 37M IYf ~ ~ - . ,ti ~ aW. iapi IYC Till: 7SIN AYE 1 H E `~ q ~.+.`~ i I ~~ i~ 4 _ + Ii I i ~~ ~ ~ l1 l Ua! ~~" ~~ f E..':, FiIH tYE ~~ J13 Q 3 Q~ R ~~ ~1 g~ P~ A P ~~~ 3 ~~ ^~ V ~ ~ ~~ .~ ~ " ~ E ~ \ ~. 'tY ,~ ~ 7 ~ ' 1 P P ~ ~} ~ ~ ~~ ~ ~ ~ 1 8 j~ ~ ~~ ° ~ a~ ~ ti ~ fl ~ ~ ~. ~ • I ~, S ~~~~~ ~ ~ N N ~ f ~ ~ ~gA~~ ~ ~ fi~ F "" ~~ ~ ~ ~i ProlaQ.~ec! Delray beach HeaciJ'tart Pe6n n.oa=n ca+>ny r ~ o R E v a EDIT r~B~r DESCRIPTION OF THE "HEAD START PROPERTY OR PREMISES" SKETCH & DESCRIPTION ^.f~x,~: •~ LCJCATION MAE' LECi~ND: NOT 7Q SCALE {C) CALCU.LAT176 CL =CENTERLINE D.E. =DRAINAGE EASEMENT (O.R_B. 2x273, PC. 1347. p:B.C.R.) O.R.B. - OFFICIAL RECORD BOOK {P) =PER THE PLAT OF AUBURN TRACE, (P.B. E4. PGS. 184186, P.B.C.R.) {P2) = SUBDI~3R~Y~ fJF` SECTION 20, TOWNSHIP~'465, RANGE 43E (P.B. 1, PG. 4, P.B.C.R.)~ P.B. ' =PLAT BOOK P,B.C. =PALM BEACH COUNTY P.S,C.R.= PALM BEACH COUNTY RECORDS PG. =PAGE ~.F.~ =SQUARE FEET MARE OR LESS NOTES: 1. BEARINGS DEPICTED HEREON ARE RELATIVE TO THE NORTH LINE pF TRACT B. AUBURN TRACE`, ACCOR-ING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 64, PAG~8.164 THROUGH 1$6 pF THE PUBLIC RECORDS. OF PALM BEACH COUNTY, FLORIDA. SAIO LINE DEPICTED AS HAVING A $EAR[NG OF NORTH 89'A3~47" i;AST ON SAID PLAT. 2. THE UNDERSIGNED- MAKES ND REPRESENTATIONS OR GUARANTEES AS TO THE 1NFORI~ATION REFLECTED HEREON RERTAINlFlG TO EASEMENTS, R#GHT5 OF WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURT1iER, THIS ]NSTI2UMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL S13CH MATTERS. SUCH INFORMATION 5HOUL- BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY ANDJOR EASE~AENTS DF RECORD.. 3. TH]S INSTRUMENT NOT VALID WITHOUT THE SIGNATURE ANA THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THE LICENSED BUSINESS NUMBER FOR DENNIS S. LEAVY & ASSOCIATES INC. IS LB 6549 AND 7TiE :CERTIFYING SURVEYORS LICENCE IS LS .~i888 5. THOS IS NOT A SURVEY. REVISIONS Dennis J. Leavy & Associates, Inc. Land Surveyors * Mappers 460 Business Park Way * Suite B Royal Palm Beach, Florida 33431 _ Phone 561 753-085D Fax 581' 753-aZ90 PER P.B.C. COMMENTS f & DESCRIPTION m Beach County state ManaaemenE Dlv~ian DRAWN: RRM SC+4LE N/A DAIS: o2/2E F B./PG. N/A JDB~: 06 ~ SyEET 1 OF DESCRIPTION: A parcel of land being comprised of p portion of TRACT. H. AUBURN TRACE, according to the pEat thereof as retarded lh Plat Bonk. fi4, Pages 1'84 through t$fi of the Public Records of Paim 8aach County, Florida. Together with o portion ti# the West ana-half (W 7/2) of Lot 18 of the Subdivision of Seaton 213. Township 46 South, Range 43 East, Palm Beach County, Florida ere recorded in Flat Book 1, Page 4 of the Public Records of Palm Beach County, Florida. Being mare particularly desciibed as follows: 8cginning at Northwest corner of acid TRACT B; thence North 89'43'47° East (as a basis of bearings) along. the North line of said T3tACT B; d distance of 296.10 feat; thence South 00'76'13' East, a distance of 269.50 feet to the pain{ .af curvature [if a circular curve in the right; thence southwesterly along the arc of soil curve having a radius df 20.00 feet, a central angle of 90'00'00° and an are length of 31.42 feet; thence Saufh 89'43'47" West, a dlstaoce of 76.25 feet to the point of curvature n# a circular curve to the Saft; thence southwesterty along the arc of said curve having a rdd'sus of 20.00 feet, a central angle of 90'OD'00" and on arc length of 31.42 feet; thence South 00'16'13° Easf, a distance of 27.00 feet to the point of curvdture of a circular curve to the right; thence southwesterly along the arc of said curse Roving d radius. of 20.09: feet, a central angle of 90'00'00" and an arc length of 37.42: thence South 88'43'47" West, a distance of 1.60:54 feet to a point being on the West Ilne of said TRACT B: also being the East ling of the West one-half of said Lat 19; thence Saufh 00'03'33" East along said West line, a distance of 375.14 feet to the Southwest corner of said TRACT B, eilsa being the Southeast corner of the West one-hdf of sa"sd Lot 18; Lhenct South 897.9.'23" Wast of.ong the South line of the West one-hdlf of said Lat 19, p distance of fi6.49 feet; thence North 00'16'13" West, a distance of 358.67 feet; #hence South 89'43'47" West, a distance of 16.33 feet; thence North 00'1fi'13° West, a distance of 72.15 €eet;~ thence South 8943'47" West, a distance of 8.00 feet; thence North 00'16'13" West, a distance of fi4.33 feet; thence South 89'43'47" West, a distance of 63.58 feet; thence NottR Op'16'13" West, a dlskance of 57.50 fesf; thence South 89'A-3.47" west. p distance of 8.40 feet; thence North 00'16`13° Nest. a distance of 96.50 feat to p point being on a I€ne lying 24.77 feat South of and parallel with (as measured at right angles) the North line pf the West one-half of said Lot 18; thence North 89'43'47" Cast along said .parallel line, d distance- of 163.66 feet to a point being on the East line df the West one-half of said Lat r8, also being the West line of said 1RACT B; thence North 00'09'33' West along said East line, 'a dlstanre a# 24.77 feet to the POINT OF BEGINNING. Said lands situate, lying and being in I?alm Heath County, Florida. Containing 758,288- square feet more ar less. Dennis J. Leavy ~ Associates, inc. sxercrf a oesirHSlPnoN For Palm Beach Gnunty Land Surveyors * Mappers Property Real F~tate Management Division 46Q Business Aark Way '" Suite B ~~: RftM ~.At C. N/q upT>:; oz/2a/os Royal Pplrr7 Beach, Florida 3341 i Phone 561 753-08b0 Fax $81 753--0240 F.B./P1's. NSA ~#: y0°'p7~` ~~, $t~T T OF 5 %,1P~Ofi lobs\41fi-021\tliwV(natlSlnr4 SIRtl+l~lrn 2I2B/2086 I@~~~n PX EST NORTH LINE OF THE W!«ST 1~2 OF LOT 18 (P2) PLAT LIMIT5 (P) tNER OF TRACT B (P) N89'43'4TE 684.41' VYCRH jDESCRIBED ~~ 158 28$ ' ~~~~ ~1 a ro ~ M//~(9: 608 /5~F r 0 k 0 3 --TRACT B (P) Q(y ©o q1 =ry ~0. ~~ (P) N89'29'23"E ~ 13D.16' SOUTH Li1dE OF THE WEST 3/2 OF LOT 18 EPA) Dennis J. Leavy & Associates., Ii1o. Land Surveyors * Mappers 4S0 Business Park Way '~ Scgiis i3 Royal Patrn Beach, Florida 33417 Phone 561 753-D65C Fox 561 753-0x90 L=117.61' 25 (P) R=1S.D.DD'~P ~45'QD'DO' 4CT A (P) TRACT C~ L=66.46.' ~ (P) R=21 D.OD 1~t8'D3`DD" TRACT G PLAT LIMl75 (P)- (P) 150' 75' 0 15(3 GF7APNfC 5'GA1.E fN F'f~'r SCALE. T" = 15a' SKETCF & dESCRIPTION For. Palm Beach CauMy Prnparty Ftes! Estate Martagemerd division gItAVlN: RRtYt sG11LE 1'~15b' OATS 02/2B,r<fl& F.B./PG. N,/A dOBf : ~, SHEET 3 OF $0' 40' U~ 80' CR4PkfC SCALE 1N FEET scnLE: r" = ea' CARVER PARK (P.B. 27, PG. 55, P.B,C.R.) LOT 17 (P2) 3 NDRTH L[NE 01= i i 7H1= WEST 1 /2 OF ~ POINT OF BEGINNING LOT 38 (P2) o r NDRTHWES7 CgRNE ' OF TRACT E (P) PLAT LIMITS ~ g~ z4a7 ~ ~, NDRTH LINE of TRACT B (P). -. `~ p ~ N&9'43'47"E- ~ - - - - N89'43'47"E - - X98.10'-- -- ~, -_BEARiNG BASE----~--°--~ - --' o° j 163.fi6' = 75' EASEMENT FOR b I I z~ PARK PORTION 0! FLORIDA POWER Sc '~ PROPERTY 3 {&0,480 S.F.t) 12' SANITARY LIGHT (P) NT w N 1 SEWER EASEME ~ ~u 7 i7 PORTION OF TRACT B c I _ ~ n i Z~ ~ a W a OVERALL DT=$CRIB.ED AffEA ~ °o j ;.~ Y ' ~m z m - 158, 288 S.F. ~ ~ I/ ~ °~ 889 '43'47"W i 3 ~ F ~ ~- ~ TRACT B L.~~ ~ 1 w. 83:58' ~ d t ~ z v~ ¢ {P) I io. ~ ~ 0 589'43'47°4Y I ~ $89 1 is ~' ~ ~ '43'47"W ° 75.25' Et t. C2 I z n w ~ 8.D0' - - ~ - - - 00 + I S00'f 6'13"E o y. M ~ 27.00' ~p 5$9'43'47°Y~ ' ~ o`!' r ~ L-------- CT 6 nt f6.$3 .% e . c. o~ - SB9'43'47`W ~ C3 A ~ ory 1).E. i _ _~ ~ ~ .r IVIATCHLINE "A"SHEET 5 _ Dennis S ~nC J Lea $ ASSaCfatf' SKETCH & DESCRIPTION . ~ ' For. Palm Beach County Land Surveyors `Mappers Property Real Fstale Mar>egsmard oNision 460 Business Park 1Nay * Suite 8 ~~: RRU sCN.E: i-=so' nA'tE:o2/2e/~ Royale Palm Beach, F{oriifa 3341 i Pruons 581 783-OBSD Fax 58f 753-0?90 F.B./PG. N/A JOBS: ~~,~ ~,~, SHEET 4 OF~ EXIIIBIT ~~~~~ SOUTH ~'I.ORIDA WATER MANAGEMENT DISTRICTENVIRONMENTAL RESOURCE PERMIT N0.50-074GG-P (ADDENDUM NO.051110-12} Prepared by and Rehm to: Margaret Jackson, Real Estate Specialist Property Bc Real Estate Management Division 2633 Vista Parkway West Palm Beach, FL 33411-5603 CONSENT TO MODIFICATION OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT N0.50-07465-P (ADDENDUM. NU, 051110-12) This is a CONSENT TO MODIFICATION OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 50-07466-P granted this by CITY OF DELRAY BEACH, a Florida municipal corporation, whose mailing address is 100 NW 1~ Avenue, Delray Beach, Florida 33444, ("City"}, and AUBURN TRACE, I.TD., a Florida limited partnership, whose mailing. address is 1301 SW IO's Avenue, Building 3, Delray Beach, Florida 33444, ("Auburn Trace"}, and SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida, whose mailing' address is-3320 Forest Hill Boulevard, West Palm Beach, Florida 3340.6, ("School Beard"). City, Auburn Trace, anal School Beard are hereinafter referred to collectively as "Grantors". WHEREAS, the City is the owner of`the properly described in the Warranty Deed dated April 27, 2006, recorded in Offtcial Record Book 2.0273, Page 1394, of the public records of Palm Beach County, Florida ("Tract B"}; and WHEREAS, part of Tract B is being. utilized as a drainage retention area for the existing neighboring property owner Auburn Trace; the School Board (Village Academy/Full Service Center), and a portion of the SW 12'~ Avenue roadway; and WHEREAS, Grantors submitted a joint application (Application No. 0511 IO-12} to the South Florida Water Management District to modify the above referenced Environmental Resource permit. The permit application proposed to reduce the area devoted to drainage retention to allow for a future Palm Beach County Head Start Facility. The permit modification was approved 7uly 7, -2006; and WHEREAS, a revised conceptual master site plan for the proposed Head Start Facility, which encompasses 97,808 square feet, rounded to 2.25- acres within Tract B; as well as 60,480 square feet, munded to 1.39 acres within the abutting Catherine Strong Park property for a total Head Start land requirement of 158,28$ square-feet, rounded to 3.64 acres, is attached as Exhibit "1'° and WHEREAS, Palm Beach County (the "County") is required to modify the Environmental Resource Permit for the proposed development of the Head Start Facility and a consent is required by the Grantors. NOW,. THEREFORE, for and in consideration of mutual covenattts contained herein and other good and valuable consideration, the Grantors agree as. follows: Page 1 of 5 1. The Grantors hereby consent to the County, ar its designee, to submit an application as the Grantors' agen# for the modification of South Florida Water Management District Environmen#al Resource. Standard General Permit No. 50-07456 to accommodate the proposed Head Start Facility. 2. The Grantors will continue to utilize the retention area and their respective storm water capacity within Tract B will remain unchanged. 3. All costs and expenses for the modifications to the above referenced permit will be the sole responsibility of the County. 4. All parties.aclmowledge and agree that this.Consent does not waive any rights granted pursuant to the Cross Easement Agreement, dated Apri126, 2006, recorded in Oltl3 20273 Page 1347 in the public .records. of Palm Beach County, Florida. Additcnaliy, the Grantors agree to amend the Cross Easement Agreement in the event a modification is required to reconfigure Easement Parcel One (Head Start Facility site) pursuant to the final site plan aliproval, provided there is no adverse effect to Granters exis#ing permitted storm water capacity. 5. The future modification of the South Florida Water Management District Environmen#al Resource Standard Permit for the Head Start Facility will not have an adverse e#lE'ect on the existing permitted storm water capacity of the Auburn-Trace Development. REMAINDER OF PAGB INT)~NT'IONALLY LE1FT BEANIE Page 2 of S 1N WITNESS WHEREOF, said Grantors have caused this Agreement to be executed in their respective names and the dates set forth below. Signed, sealed and delivered In presence of: Grantors: CITY OF DELRAY BEACH, a municipal corporation created and existing under the laws of the State of Florida ATTEST: By: By: City Clerk Rita Ellis, Mayor APPROVED AS TO FORM AND-LEGAL SUFFICIENCY City Attorney (Seal) Page 3 of 5 Signed, sealed and delivered In presence of: WITNESSES: Witness Print Name Witness Print Name STATE OF FLORIDA COUNTY OF PALlIR1 BEACH The foregoing was acknowledged before me this by _ who has produced take an oath. Grantors: AUSURi~ TRACE, LTD., a Florida limited partnership By: Auburn Trace Joint Venture, as General Paztner By: Auburn Management, Inc., a Florida Corporation By: Thomas Hiners Date Chief Executive Officer day of , 2Q118, who is personally lmown to me or as identification and who did did not Notary Public, Mate of Florida Print Name: Comnnission Number: My commission expires: Page 4 of 5 Signed, .sealed and delivered In presence of: Grantors: SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA. a corporate body politic pursuant to the Constitution of the State of Florida William G. Graham, Chairman By:. Attest: Approved as to Form By: By: School Board Attorney Arthur C. Johnson, PhD., Superintendent Date Page 5 df 5 EXHIBIT "1" TO CONSENT AGREEMENT TO MODIFY PERMIT Q /~/'~ S.r Q 4~ CONCEPTUAL MASTER PLAN I ~ . ._ ~ ki is k /x. ~... .. ~.- - _ - ~ , I .. ~ ~ Y ., ~ r [ V r ~ ~..,, . ~ ~ .. ~ ~i ._.,y~~~ ~:i ~^~I ~.~f iui. ~ :R ,: s~ .; •' «.. ~~~ ~ ~-._ ' ark '~'~;s\ Pro~xs~~ ac~-ay gG~Ft Hr•Cx~_lTart ti Y w ]r1 1• ~ ` t ~' ~~ I ~~ a ~' 4 ~ E ~ ~c ~= ~ L ~7 r r J ~ '~~ J -t i ~ yt i .. `~~ ~ Y's I~ i 3 ~ ~ r ' '~ ~ ~ y- .. a ~4 ~ I I ~~~ ~' ~~ ' ~~~,. . s s ,~. C f• xa ~ " ~~ ~ a~.c-~ a: ~k ~ A 3 1 ~ ~~ F ¢ u F ~Y~A R"e •.,w .., P ~ N ~-_-J o neap. a..F~ C.uw~y C Ir I EI~IBIT "D" CONSENT AGREEMENT TO CHANGE USE Prepared by and return to: Margaret dacksoa, Real Estate Specialist Property & Real Estate Management Division 2b33 Vista Parkway West Palm Beach, FL 334ll-5603 PCN: 12-93-0b-ZO-SG-002-0000 THIS I5 A CONSENT AGREEMENT (the "Consent") granted this to PALM BEACH COUNTY, a political subdivision of the State of Florida, whose mailing address is 301 North Olive Avenue, West Palm Beach, FL 33401, ("County"), by CITY OF DELRAY BEACH, a Florida municipal corporation, whose mailing. address is 106 NW 1~` Avenue, Delray Beach, Florida 33444,. ("City"), and AUBURN TRACE, LTD., a Florida limited partnership, whose mailing address is 1301 SW 10'" Avenue, Building 3, Dekay Beach, Florida 33444, {"Auburn Trace"), and SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution ofthe State ofFlorida, whose mailing address is 3320 Forest Hill Boulevard, West Palm Beach, Florida 33406, ("School Board"). City, Auburn Trace, and School Board are hereinafter referred to collectively as "'Grantors". WHEREAS, the City is the owner of the property as legally described in Exhibit "1", attached hereto .and made a part hereof ("City Property"); and WHEREAS, Auburn Trace is the owner of the property as Iegally described in Exhibit'"2", attached hereto and made a part hereof ("Auburn Trace Property"); and 'WHEREAS, the School Board is the owner of the property as legally described in Exhibit "3", attached hereto and made a part hereof ("School Board Property"); and WHEREAS, part of the City Property is being utilized as a drainage retention area as shown on Exhibit "4", attached hereto and made a part hereof, (the "Drainage Reterrtian Parcel"), for the neighboring property owned by Auburn "Trace, the School Board, and a portion ofthe City's SW 12'~ Avenue right-of--way, and the balance of the City Property is available for development of the County's Head Start Facility ("Surplus Property") as shown on Exhibit "4"; and WHEREAS, County and City entered into a lease agreement for County's lease of the Surplus Property for the Head Start Facility ("Head Start Lease"); and Page 1 of 5 W1~EREAS, the City Property was platted for recreational and drainage use; -and WHERPA:S, the Grantors have agreed to allow the use of the Surplus Property for the Head Start FaeiIity. NOW, THERPRORE, for and in consideration of mutual covenants contained herein and other goad and valuable.consideration, the Grantors agree as follows: The foregoing recitals are true and correct and incorporated herein by reference. 2. The Grantors hereby consent to the County's, or its designee,- use of the Surplus Property for the development of the County's Head Start Facility or other government purposes: The Grantors hereby consent to a replat and use change of the City Property necessary for the development of the County's Head Start Facility or other government purposes. Grantors shall timely execute all consents, applications, plat or replat, as may be reasonably required, far development and/or permit approvals for the Head Start Facility or other governments! use. Notwithstanding anything to the contrary in this Agreement, the City's "consent" shall mean that the City shall reasonably cooperate with County and its agents and professional advisors in connection with the Kling of applications and the obtaining of all reasonably necessary approvals far the replat of the City Property. Any such accommodation by City shall be with prejudice to, and shall not constitute a limit on, impairment or waiver of, or otherwise affect City's rights to exercise its discretion in connection with its governmental or quasi-governmental functigns, or excuse County from eompIying with all applicable governmental codes,. ordinances, laws, rules and regulations. 4. The County represents that the proposed replat and use change of the City Property will not in any way reduce, hinder or compromise the Grantors' use of part of the Drainage Retention Parcel as a drainage retention area and preserves each Grantor's respective storm water capacity within the Drainage Retention Paroel. 5. The future modification of the South Florida Water Management District 1~nviranmental Resource Standard Permit for the Head Start Facility will not have an adverse effect on the existing permitted storm water capacity of the Auburn Trace Development. 6. All costs and expenses for the replat and use change will be the Sole responsibility of the County. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 2 pf 5 IN WITNESS WHEREOF, said ~xrantors have caused this Agreement to be executed in their respective names and the dates set forth below. Grantors: CITY OF DELRAY BEACIi, a municipal corporation created and existing under the laws of the State of Florida ATTEST: sy: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Rita Ellis, Mayor (Seal) City Attorney Page 3 of 5 WITNESSES: Witness Print Narxze Witness Print Name Grantors: AUBURN TRACE, LTD., a Florida limited partnership By: Auburn Trace Joint Venture, as General Partner By: Auburn Management, Inc., a Florida Cozporation BY: Thomas Hiners Chief Executive Officer Date STATE OF 1+LORIDA COUNTY OF PALM BEACH The foregoing was acknowledged before me this day of , 2QQ8, by who is personally known to me or _ who has produced , as identii'ica#ion and who _ did _ did not take an oath. Notary Public, State of Florida Print Name: Commission Number: My commission expires:, Page 4 oF5 Gran#ors: ATTEST: Approved as to Form By: By: School Board Attorney SCHOOL BOARD OF .PALM BEACI~ COUNTY, FLORIDA. a corporate body politic pursuant to the Constitution of the State oFFlorida By: William G. Graham, Chairman Arthur C. Johnson, PhD., Superintendent Date Page 5 of S EXHIBIT "1" TU CONSENT AGREEMENT TO CHANGE USE CITY PROPERTY LEGAL DESCRII'TION All of Tract B of the Plat of Auburn Trace, aecnrding to the Plat thereof on F€le in the office ofthe Clerk of the Circuit Court in and for Falm Beach County; Florida, recorded in Plat Book 64; Page 1$4, Public Records of Palm Beach County, Florida. EXHIBIT "Z" TO CONSENT AGREEMENT TO CHANGE USE AUBURN TRACE PROPERTY LEGAL DESCRIPTION That part of the Subdivision of Section 20, Township 46 South, Range 43-East, Palm Beach County, Florida, according to the plat recorded in PIatBoak 1, Page 4, ofthe Public Records ofPalm Beach County, Florida, described as follows: The West half of Lost 25, less the North 25 feet thereof; the East half of Lot 25, less the North 25 feet thereof, less the East 25 feet thereof, less the South (0 feet thereof and less the North 310.20 feet of the South 320.20 feet (as measured parallel with the East line of said Lot 25) of the West 295.20 feet of the East 320.20 feet (as measured parallel with the South line of said Lot 25).; the West half of Lot 26; and the East half of Lat 18.. and That part of the Subdivision of Section 20,. Township 4.6 South, Range 43 East,.Pahn Beach County, Florida, according to the plat recorded in Plaf Book 1, Page 4, of the Public Records of Palm Beach County, Florida, described as follows: The South 10 feet of the West 25 feet of the East half of Lot25; and the West 2S feet of the East half of Lot 26. LESS: All of Tract B of the Plat of Auburn Trace, according to the Plat thereof an file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 64, Page 184, Public Records ofPahn Beach County, Florida. EXRIBIT " 3" TO CONSENT AGREEMENT TO CHANGE USE SCHOOL BOARD PROPERTY LEGAL DESCRIPTION The East half (E `/z) of Lot Seventeen. (1'7), of the Subdivision of Section 20, Township 46 South, Range 43 East, as recorded in Plat Baok 1, Page 4, of the Public Records of Palm Beach County, Florida, Less and Except the East 25 feet and the West 30 feet thereof. AND The South half (S %x) of the Southeast Quarter (SE '/a) of the Southwest Quarter (SW '/a) of-the Southwest Quarter (SW %4) of Section 17, Township 46 South, Range 43 East; Less and Except the East 25 feet and the West 30 feet thereof AND The North half (N lz) of the Southeast Quarter (SE `/,) of the Southwest Quarter (SW `/,) of the Southwest Quarter (SW %<) of Section 17, Township 46 South, Range 43 East; Less and Excep# the North 25 feet, the East 25 feet and the West 30 feet thereof IaXHIBIT "4" TO CONSENT AGREEMENT TO CHANGE USE - xa~e tai w .~,x-~•.•~ -~- .~ ,~, ~. • ~ ~. ~. :~ m ~4 ~r ~~ ~. DRAINAGE RETENTION PARCEL and SURPLUS PROPERTY /~ ~W ~ND~, .. .I ~-r' ~a -a..r~.-w ~ ~ -~-.,~ - ~n~ .. -r ~ .~, f ! ~urpEus Pr~peFiy Y1i~ b~ 4~d on'the fm~ alts P~ hyUvs Cgnrtsfg~ndihd ~, EXHIBIT :'E" DRAINAGE EASEIVIENT Prepared by aad Return to: Margaret 7askson, Rea[ Estate Specialist Property & Real Estate 1Vlansgernent Division 2G33 Vista Parkway West Pafm Beach, FL 3341 i-56173 PCN: DRAINAGE. EASEMENT THIS IS A DRAINAGE EASEMENT (hereinafter the "Drainage. Easement") made , granted by the CITY OF DELRAY BEACI3, a municipal corporation created and existing. under the laws of the .State of Florida,. ("Grantor"}, whose address is 100 N.W. First Avenue, Delray Beach, Florida 33944, in favor ofPALM BEACH COUNTY, a political subdivision of the State of Florida ("County"}, whose address is Governmental Center, 30.1 North Olive Avenue, Suite 60i, West Palm Beach, Florida 33401 ("County")- WHEREAS, Grantor owns the property described on.Exhibit"1"attached hereto and by this reference made a part hereof (hereinafter the "Burdened Property"}; and WHEREAS, County has along-term lease and option to purchase the property described on Exhibit " 2" attached hereto and made a part hereof (hereinafter referred to a5 the "Benefited Property"}; and WHEREAS, County is;ul the process of developing the Benefited Property for the operation of County facilities and, in conjunction therewith, County has requested that Grantor grant to County a drainage easement over the-Burdened Property for legal positive outfall of the storm water drainage from the Benefited Property: WHEREAS, Grantor desires to create an easement over, upon and under such Burdened Property for the purposes set forth hereinafter; NOW, THEREFORE, for and in consideration of the aforementioned easement and other goad and valuable consideration, the receipt and .sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The foregoing recitals are true and corxect and incorporated herein by reference. 2. Grantor does hereby grant to County,. its successors and assigns, a perpetual non- exclusiveeasement in, on; aver, under, through, and across the parcel of land located in Palm Beach County, Florida, legally described in Exhibit A3c~ attached hereto and made a part hereof (the "Easement Premises"}, to construct, reconstruct; lay, install, operate; maintain, relocate, repair, replace, improve, tie into, remove and. .inspect storm water drainage. distribution facilities and all appurtenances thereto. In addition, Grantor does herebygrant to County anon-exclusive access easement over and upon the Burdened Property for the sole purpose of giving County- access to the Easement Premises. Page 1 of 5 3. In order to provide legal positive outfall for the Benefited Property, tine Grantor also hereby grants County the right to tie into and discharge storm water runoff from the Benefited Property into the Grantor=s surface water management system located within the Burdened Property. Grantor will accorxrxnndate the water xetentian/detention requirements resulting from the development of the Benefited Property in the Grantor=s surface management system. 4. This easement shall be an easement appurtenan# to the Benefited Property and shall inure to the benefit of and shall burden County, and its successors and assigns, and shall run with the title to the Benefited Property and Burdened Property. This Easement is an easement appurtenant to the Benefited Parcel and may not be transferred or assigned separately or apart from the Benefited Property. 5. Grantor shall be solely responsible for and shall, at alI times, maintain at its 5oIe cost and expense the water management system located on the Burdened Property including any storm water drainage distribution facilities constructed or installed by the County. 6. Each party shah be liable for its awn actions and negligence and, to the extent permuted by law, County shall indemnify, defend and hold harmless City against any actions, claims or damages arising out of County's negligent and wrongful acts occurring at the Easement Premises or in connection with this Easement, and City shal.i indemnify, defend and hold harmless County against any actions, claims, or damages arising out of City's negligent and wrongful .acts occurring at the Easement Premises or in. connection with this Easement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in.FIorida Statutes, Section 76$.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts. or omissions. 7. The grant of easement contained herein is for the use and benefit of County, its successors and assigns, as lessee or owner of the Benefited Property, and is not intended and shall not be construed as a dedication to the public of any portion of the Easement Premises .for public use. 8. Grantor hereby retains ail rights relating to the Easement Premises not specifically conveyed by this Easement including the right to use the Easement Premises and any iznprovernents now existing ar constructed hereinafter therein, and the right to grant to third parties additional easements in the Easement Premises or the right to use the improvements therein, provided said additional easements/rights do not adversely impact or interfere-with the rights granted herein to County. 9. All of the benefits, burdens, covenants and agreements herein shall constitute cnvenarits running with the land, shall be binding upon andlor shaII accrue to the benefit of any and all persons or entities, their respective successors, assigns, heirs, and personal representatives, having or hereafter acquiring any right title or interest in or to all or any portion of the Benefited Property or the Burdened Property. I0. This Easement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida. Venue in any action; snit or proceeding in cannectiott with this Easement shall be in a state court of competent jurisdiction in Falm Beach County, Florida. Page 2 of 5 11. No party shall be considered the. author of this Drainage Easement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document so as to arrive at a final A~eement. Thus, the terms of this Drainage Easement shall not be strictly construed against one party as apposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Drainage ,Easement sand the same shall remain in fiill force and effect 12. This Drainage Easement contains the entire understanding and agreement of the parties with respect to the subject matter hereof. No amendment shall be effective unless the same is in writing and signed by all parties. (REMAINDER OF PAGE.INTENTIONALLYLEET BLA1vK} Page ~ of 5 1N WITNESS WHEREOF, the parties have executed this Drainage Easement an the date set forth hereinabove. ATTEST: I3y: City CIerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney Page 4 of 5 GRANTOR: CITY OF DELRAY BEACH, a municipal corporation created and existing under the. laws of the State of Florida By: Rita EIlis, Mayor (Seal) ATTEST: SHARON R. BOCK CLERK & COMPTROLLER By: Deputy Clerk APPROVED AS TO FORM AND .LEGAL SUFFICIENCY By: County Attorney couNTY: PALM BEACH COUNTY, a political subdivision of the. Florida By:. State of ?.ddie L. Crreene, Chairperson APPROVED AS TO TERMS AND CONDITIONS 13y:, Department Director G:IREAL ESTATE bEVELC3PMENTIOPEN PRO]ECT5IDELRAY REACH HEAD START-IHIAIWINAGE EASEMENT.002-224.07M3.DOC Page 5 of 5 EXHIBIT „I„ TO DRAINAGE EASEMENT "BURDENED PROPERTY" (TO BE PROVIDED) EXHIBTi" " 2 TO DRAINAGE EASEMENT "BENEFITED PROPERTY" {TO BE PROVIDED) EXHIBIT " 3" TO DRAINAGE EASEMENT "EASEMENT PREMISES" (TO BE PROVIDED} EXHIBIT "F" CONSENT AGREEMENT TO CONSTRi1CT DRAINAGE LINE Prepared by and Return to: Margaret Jackson, Real Estate Specialist Property & Real Estate Management Division 2633 Vista Farkway West Palm Beach, FL 334.11-5603 CONSENT AGREEMENT This is a CONSENT AGREEMENT (the "Consent"} granted this _ , by CITY OF DEI.RAY BEACH, a Florida municipal corporation, whose: mailing address is I OQ NW 1 ~` Avenue,. Delray Beach, Florida 33444, ("City"), to PALM BEACH COiJNTl', a political subdivision of the State of Florida ("County"). 'WHEREAS, City is the owner of the Catherine Strong Park property ("Park Property") as identified on the conceptual master plan attached. hereto and made a part ltereaf as Exhibit "1" "Conceptual Master Plan"}; and WHEREAS, the Park Property izicludes an undeveloped triangular parcel ("Triangle Parcel") as identified an the Conceptual Master Plan; and WHEREAS, County and City entered into a Lease Agreement for County's lease of City property adjacent to the Park Property for County's Head Start Facility ("Head Start Lease"); and WHEREAS, County, as part of its deveIoprnent of the Head Start Facility, may need to construct an underground drainage line through the Park Property to the Triangle Parcel where a proposed supplemental water retention area will be constructed; and WHEREAS, under the terms of the Head$tart Lease, City and County have agreed to work cooperatively to determine the most effective way to accommodate the outfall and storage of storm water, and to take into account City's objective to incorporate the Triangle Parcel into City's Catherine Strang Park NOW, THERE)EORE, far and in consideration of mutual covenants contained herein and other good aad valuable consideration, City and County agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. City hereby consents to County's use and joint permitting of the Triangle Parcel far supplemental storm water retention, if needed. 3. County shall be responsible far processing any permits required for use of the Triangle Parcel far supplemental storm water retention, and for all improvement costs associated with the use of the Triangle Parcel for supplemental storm water retention, including but not limited to design, permit, and construction costs. 4. C.aunty shall provide City with sixty {60) days notice prior to commencing the planning. and design of the 'Triangle Parcel in order tct allow City the opportunity to determine whether it desires to reconfigure the Triangle Parcel. In the event City elects to reconfigure the Triangle Parcel, City shall be responsible for all costs associated with the reconfiguration, but County shall remain obligated to process the permits for the gage 1 of 3 supplemental storm water retention and pay all costs associated with the perruits as set Forth in Section 3. Any'reconfiguration of the Triangle Parcel shall be done sn that County's storm water requirements are'met. 5. In the event City elects not to reconfigure the Triangle Parcel prior to County obtaining permits for supplemental storm water retention on the Triangle Parcel but decides to reconfigure the Triangle Parcel after County has obtained the necessary permits, City shall be responsible for processing the modifications to the permits and for all costs associated with said modifications and associated delays. County agrees to join in any modifications to the permits to accommodate City's development plans provided that County's storm water requirements continue to be met under said development plans. 6. City hereby agrees to enter into as Easement Agreement with County to allow far the conveyance of storm water through the Park Property and the development, construction and use of a storm water retention area in the Triangle Parcel, if needed 7. County sha11 notify City if Gaunty determines that the Triangle Parcel shall not be required for supplemental storm wa#er retention, and this Consent shall autornatieally terminate upon receipt of written notice of same from County. REMAINDER OF PAGE IIVTENTIpNALLY LEFT BLANK Page 2 of 3 IN WITNESS WHEREOF, City has caused this Consent to be executed in its names nn the dates set forth above. Signed, sealed and delivered In presence af: City: CITY OF DELRAY BEACH, $ municipal corporation created and existing under the laws of the State of Florida ATTEST: 13y: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Rita Eliis, Mayor (Seal) City Attorney Page 3 of 3 EXHIBTT "1" TO CONSENT AGREEMENT TO CONSTRUCT DRAINAGE LI1VE CONCEPT[JAL MASTER PLAN '~ ~yy 1~ Y ~. I ~ r r ~ - - `!. ^i ~~~ ^~~ ~ ,.,~"'~ >: "~ it ~ : ~ ~ I ~ •1 I'7r ~`"r~~. -alY1-fie.-r _ra ~ ~ .. _ . ~ ~: C A-~~ IrM Y: \ 1 •` .'. ~~. 1 C ski , ;,~,. ,~.. . 7~ ppkkp ~ ~ r` 1 ~~ ~ J ~} Try ts~~ ~,~~5'y\~ws ~ ~ 1~ ~ t 'i\ , a oSf ~ w =~ ,i•--~~ ~ ~ I ~~ - - ~, '.~ ,.~ ~ - 3 L~ Nfl ~~ . `~'r;:t F'fU~k75C~ I~KIr!~ L:-rilfr.Fl C1n'N.~~~It7fl Fig ~e. ' 7y~r~1 ~ `~t Rs•m'uewJ C.ryf4 r ,-~ Is 1 rs E~~IT "G" FLOWAGE DRAINAGE EASEMENT Prepared by and Return #o: Margaret Jackson, Reai Estate Specialist Property & Real Estate Management Division 2633 Vista Parkway West Palm Beach, FL 33411-5603. PCN: FLOWAGE EASEMENT THIS FLOWAGE EASEII~IENT (the "Easement"), is made this _ day of 20 , by the CITY OF DELRAY BEACH, a municipal corporation created and existing under the laws of the Mate of Florida, the "City", whose address is 100 N.W. First Avenue; Delray Beach, Florida 33444, and joined by PALM BEACH COUNTY, a political subdivision of the State of Florida, the "County", whose address is 301 North Olive Avenue, West Palm Beach, Florida 33401. RECITALS: WHEREAS, City is the owner ofthat certain real property located within Palm Beach County, Florida, as set Earth in Exhibit " 1" attached hereto and by this reference made a part hereof (the "Head Start Property"); and WHEREAS, City is the owner of that certain real property located west of and adjacent to the Head Start Property as depicted on Exhibit "2" attached hereto and by this reference made a part hexeof (the "Park Property"); and WHEREAS, City is the owner of tlrat certain zeal property located east of and adjacent to the Head Start Property as depicted an Exhibit " 3" attached hereto and by t#is reference made a part hereof {the "Retention Property"); and WHEREAS, City desires to create a flowage easement for storm water drainage from the Park Property over, upon, under and through the Head Start Property to the boundary of the Retention Property in the location more particularly described in Exhibit "4" attached hereto and by this reference made a part hereof (the "Easement Premises"); and WHEREAS, Citiy desires that such easement not be extinguished by the doctrines of merger or unity of title and remain valid and in effect upon a subsequent. conveyance of the Head Start Property, Retentton Property or the Park Property by City; and WHEREAS, County has along-term lease with an option to take title to the Head Start Property; and WHEREAS, County has agreed to join in this Easement to signify its consent to the easement over the Easement Premises. NOW, THEREFORE, for and in consideration of the aforementioned easerrrent and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Page 1 of 5 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. City does hereby declare, grant and create a perpetual non-exeIusive flowage easement for storm water drainage from the Park Properly over, upon and under the Easement Premises. This easement shall be for the benefit of the Pazk Property and shall be a burden on the Head Start Property. 3. City shall, at its sole cost and expense, design, permit and construct the drainage facilities within the Easement Premises (the "Drainage Facilities"). The construction of the Drainage Facilities shall be performed and completed by City: {a) in accordance with all applicable (i) plans and specifications, (u} permits, and (iii} statutes, ordinances, codes, rules and regulations; (b) free from defects,. deficiencies and liens; and (c) within two (2) years of the date of this Easement. City shall obtain County approval of the plans and specifications prior to submittal for permits. 4. City shall have the .right, for the benefit of the Park Property, to clear obstructions within the Easement Premises and repair and/or replace any drainage facilities that might interfere with the drainage of the storm water from the: Park Property. City shall have the right to reasonable access over the Leased Premises to accomplish any necessary clearing and repair as stated above. 5. This Easement is not intended to b~, nor shall it be construed as, a dedication of the Easement Premises (or any portion thereof) to the public for any public use of purpose. 6. County, as lessee or owner of the Head Start Property, hereby retains all rights relating to the Easement Premises. not specifically conveyed by this Easement, and specifically reserves the right to use and enjoy the Easement Prenuses and any improvements now .or hereafter constructed or installed thereon in any manner that does not prohibit City from enjoying its rights under this Easement. 7. This Easement is an easement appurtenant to the Park Propertyand may not br; transferred or assigned separately or apart from the Park Property. 8. This Easement contains the entire understanding and agreement of the parties with respect to the subject matter hereof. No modification or amendment of this Easement shall be effective unless the same is in writing, signed by the parties, and recorded in the Public Records of Palm Beach County, Florida. 9. The easement created hereby shall not be extinguished by operation of law, including, without limitation, the doctrines of merger or unity of title and shall inure to the benefit of City and run with the land and encumber and burden the Head Start Property, Park Property and Retention Property upon the conveyance of any thereofby Citynoiwithstanding City=s failure to specifically reserve or reference such easement in the instrument of conveyance. 10. Each party shall be liable for its own actions and negligence and, to the extent permitted by Iaw, County shall indemnify, defend and hold harmless City against any actions, claims or damages arising out of County's negligent and rvz'ongful acts occurring at the Easement Premises or th connection with this Easement, and City shall indemnify, defend and hold harmless County against any actions, claims, or damages arising out of City's negligent and wrongful acts occurring at the Easement Premises or in connection with this Page 2 of 5 Easement. The foregoing indemnification shall .not constitute a waiver of sovereign irnmiinity beyond the limits set forth in Florida Statutes, Section 768.2$., nor shall the same be construed to constitute agreement by either party tv indemnify the other party for such other party's negligent, willfiil or intentional acts or omissions. 11. The grant of easement contained herein is for the use and benefit of City, its successors and assigns, as lessee or owner of the Park Property, and is not intended and shall not be construed as a dedication to the public of any portion of the Easement Premises for public use. i2. This Easement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida. Venue. in any action, suit orproceeding th connection with this Easement shall be in a state court of competent jurisdiction in Palm Beach County, Florida. 13. No party shall be considered the author of this Easement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document 5o as to amve at a final Agreement. Thos, the terms of this Easement shall not be strictly construed against one party as opposed to the other party based upon who drafted it In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be .invalid, Such Shall not affect the remaining portions of this Easement and the same shall remain in full force and effect. (REMAINllER OF PAGE INTENTIONALLY LEFT BLAND Page 3 of 5 IN WITNESS WHEREOF, the City has executed this Casement and has been joined by the Caunty on the date set forth hereinabave. ATTEST: I3y: City CIerk AI'1'ROYED AS TO FORM AND LEGAL SUFFXCIENCY City Attorney CITY: CITY OF DELRAY BEACH, a municipal corporation created and existing ender the laws of the State of Florida ~y: Rita EII.is, Mayor (Seal) Page 4 of 5 ATTEST: SHARON R. BOCK CLERK & COMPTROLLER By: Deputy Clerlc APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney JOINED AND CONSENTED TO BY COUNTY: PALM BEACH COUNTY, a political subdivision of the Slate of Florida By: Addle L. Greene, Chairperson APPROVED AS TO TERMS AND CONDITIONS Iiy: Department Director Page 5 of 5 EXHUiTT "1 ~~ TO FLOR~AGE EASEMENT 46HEAD START PRQPERTY" ~ r SKETCH ~ DESCR~PTI_ON ~.~,s: xf~.r.~ ~ _ . as 4,af`4'' ,- Cf ~~r r..,,, .,`"":.-fin LOCATION MAP LEGEND: N6T TO SCALE (G) = CALCULATED CL =CENTERLINE D.£. =DRAINAGE EASEMENT (O:R:B.. 20273, AG: 1347. P.B.C.R.) D.R.B. =OFFICIAL RECORD BOOK (p) =PER THE PLAT DF AUBURN TRACE, (P.B. 64, PGS. 184-165, P.B.C. R.) ~. ~'t'' (PZ) ~F' D TOWNSHiIi R NGE 43E P.H. ~ =PLAT BOOK p.9.C: =PALM BEACH COUNTY P.B.C. R.= PALM BEACH COUNTY RECORDS PG. =PAIGE S.F.~ - SRUARE FEET MORE DR LESS NOTES: 1. HEARINGS DEPICTED HEREON ARE RELATIVE TO THE NORTH LINE DF TRACT B, AUBURN TRACE", ACCORDING TD THE PLAT THEREOF AS RECORDED IN PLAT HOOK 64, PAGES 184 THROUGH 766 OF THE PUBLlC RECORDS DF AALM BEACH COUNTY, FLORIDA. SAIp LINE DEPICTED AS HAVING A BEARING OF NORTH `89'43'47" EA5T ON SAID PLAT. 2. THE UNDERSIGNED MAKES NO REPRESENTATIDNS.OR GUARANTEES AS TD THE INFORMATION REFL£C1ED HER£OI~7 PERTAINING TO EASEMENTS, RIGHTS pF WAY, 5E1T3AGK LINES, AGREEMENTS AND OTHER MATTERS, AND. F3IRTHER, THIS INSTRUMENT 15 NOT IN11TlDED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMAl10N SHOULD BE OBTAINEb AND CONFlRME~ BY OTHERS 1NRDUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NdT ABSTRACTED FOR RIGHTS OF WAY ANb%OR EASEf~IENTS DF RECORD.. 3. IRIS INSTRUMENT NOT VALID WITHOUT THE SFGNATURE AND THE ORIGINAL RAISED SEAL DF A FLORIDA LJCENSED SURVEYOR ANR MAPPER. 4. 11~E LICENSED- BUSINESS NUMBER FOR DENNIS J. LEAVY & ,ASSOCIATES INC. IS LB 6599 AND THE CERTIFYING SURVEYORS LICENCE 15 LS ~i688. 5. THIS IS NbT A SURVEY. ~ws{oNs 17ennis J. Leavy & Associates, Inc. Land Surveyors' Mappers 4tiD Business Park Way * Suite B Royal Palm Beach, Florida 33~F71 Phone 567 753^0850 Fax SB1' 753-42Bfl 1 ~ D3/65/OB~ REVISE Pf:R P.B.C. CDMMF1415 I F SKETCH & DESCRIPFiON For: Palm Beath Cour-iy Property Real Esta#a Management Division WiAWN: RRM SCALE: N/A DATE: 02/28/{ SY{EET 1 AF 5 D~SCR1PT10N: A parcel of land being comprised of a portion of TRACT H, AUBURN TRACE, acwrding td the plat thereof as recorded in Pfat Book. 64. Pages- 384 through 18.6` of the Public Records of Palm Beach County, Florida. Together with a portion of the West one-half (W 1/2) of Lat 18 of the Subdivision of Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida os recorded in Pict Baolc 1, Page 4 :of the Rublic Records of P^Im Beach County, Florida. Being more particularly described as follows: Beginning at Northwest corner of said TRACT 8; thence North 89'43'47" East (as o basis of bearings) along the North line of sold 'TRACT B, a distanea ai 296.10 feet; thence South OD'16'13" Eost, a distance of 269.50 feet to the point of curvature of a circular curve to the right; thence southwesterly ^long the arc of said curve hav'sng n radius of 20.04 feet, a central angle of 94'OD'00" and an arc length of 31.42 feet; thence South 88'43'47" West, a distance of 76.25 feet to the point bf curvature of a circular curve {o {he left; thence southwesterly clang the arc of said curve having o radius of 2D.D4 feet, a central angle of 90'DD'DD" and an arc length of 31.42 feet; thence 5oakh 00'16'13" East, a distance of 27.00 feet to. the paint ^f curvature .af a circular curve to the right; thence southwesterly along the are of said curve having :a radius of 2D:Q0 feet, a central angle of 90'00'00` and an arc length of 31.42; thence South 89'43'47" West, a distance of T60.54 feet to a point being nn the West Tine ai sold TRACT B, also being the East fine of the West one-half of said Lot 18; thence South 00'09'33" East nl9hg said West line, p distance of 315.14 feet to the Southwest corner of said TRACT B, also being the Southeast corner of the West one-half of said Lot i8; thence South 89'29'23" West along the South Ilne of the Wesk one-half of said Lot 18, a distance. of 65.49 fee#; thence North 00'16'f3" West, a distance of 356.67 feet; thence South 89'43'47" West, a distance of 15.33 fast; th.enee North 00'1.6'13" West, a distance of 72.15 feet;' thence South 8943'47" West, a distance of B.OO feet; thence North RO'1fi'13" West, a distance of 64.33 feet; thence South 89`43'47" West, a distance of 63.58 Feet; thence North 00't6'13" West, a distpnee of 57.50 feat; thence South 89'43'47" West, a distance ^f 8:00 feet; thence North 00'1S'13" West, a distpnee of 46.50 feet to a point being on a line lying 24.77 feet South of and parallel wifih (as measured ^t right angles) the. North fine of the West one-half of said Lot 18; thence North 89'43'47" East along sold parallel fine, ^ distance of T63.68 feat to a point being on the East line of the Writ one-half of said Lot 1&, also being the West line of said TRACT 8; thence North 00'09'33" West along said EasE I'sne, ^ distance of 24.77 feet to the POINT OF BEG3NNING, Said lands situate, I+~'ng and being rn Palm Beoeh County, Florida. Containing 158,288 square feet mare or less. Dennis J. Leavy ~ Associates, Inc. slc~rcff ~ p~scwP noN For. Palm Beach County Land Surveyors Mappers Property Reel Estate Management 1]ivision 460 Business Pdrk Way * Suite B Royal Palm Beach, Florida 33411 ~~~ RRM ~~ N/A oP3E:02/28/fl Phone 561 733--065Q F~ 581 753--0290 F.B./PG. N/A JOBS: 06-0$. ~...~ SHEET 2 OF 5, ?i28~2o0U I@{~lB PM EST NORTH LINE OF THE WEST 1/2 OF L07 18 (PY) POINT OF BEGINNING NORTHWEST CORNER OF TRI r NS9'43'~F7"E ~~1 //, ~1 N a a~ ~ ~~{97 808 S.BF yi -dam,%~~~~~ H O D M ~~1 3 -TRACT B {P} .~ 'y~ O~ '> Q 2~ ~oQ ~~ 4P) N88'29'23"E ~-130.18' SOUTH LINE OF THE wEST t /2 of LaT 18 (P2) Dennis J. Leavy & Associates, inc. Land Surveyors "Mappers 46D Business Park Way * Suite 8 Royal PaIM Beach, f7nrida 33411 Plwns 56] T5S-U66Q Fclat 561 753-4280 PLAT LIMITS {P) 8 R=750.OQ'~P la=45ro0'00" ACT {P) TRACT .C~ L=66.1' ~ {P~) R-210.00 1'8'03'00" TRACT G PLAT GMITS {P)- {~) i5D' 75'' .~~ 1bQ' GRpRFffC S~4Lf 1N F~Ef SCALD 1` = tS0' SKETCH & DESCRIPTIQN dRAMM: RRM SCAJ.E, 1'=t5p' DATE: 02/28 F.B./PG. N/A~ JOBS: ~~';;,, ~,,,~, S}~Er 3 OF BO' 4A' D 80' caaprdrC scare rN FEET sca.F; r. = s6' CARVER PARK (P.e. 27, PG. 55, P.B.C.R.) 3 NORTH IaNE DF ~ THE WEST 1/2 OF LOT 18 (P2} p ~ 24.77 °z N ~ g0 -x r ~ ~6 N89'43'47"E o o,r, i 763.68' °z rn POR TION OF PARK- PROPERTY 3 .(6 0,454 S.F.~) ~ ~O ~ .O~ h ~z.i "ro- ~.o mss!-, M am r zm ~„~ s ~~ m 589'43'47"W ~ ~~ 3 ° F-- . 63.55' ! ~ z ~ `° - ~ o t a 559'43'47"W o° cv a a r- LdT 17 {P2) ?OINT OF 6EGIhiV1NG ` OF TRACT B (P) PLOT LIMITS // NORTk LINE .CF TRACT B (P) - --N89'43'4.7°E ----29.6.10'-- --~-BEARING BASE------= - --- 25' fASEM.ENT FOR FLORIDA- POWER & ~ I 12' SANITARY LIGHT (P) N I SEWER EASEMENT (P) ~ PORTION OF TRACT B ' ~ (97.$D8 S.F.tj r- I ~ a io ~ OVERALL lJESCRIIiED AREA ~ I z m 1582&8 S.F.t rnl J ~ ~I TRACT B ` ~ ~ ~ (P) I SB9'43'47°W I C2 76.25' C1 }• I " 5.04 `'' ~ - ~ - - - r I SflD'16`13"E a ~ ~ ~ 27.OD' ~ p 589'43'47"W ' ~ or i. L -------- J rv 46.33 .~ ~ ~ °o ~? `°~ vrn '~ 589'43'47'W C3 ~RAC7 B ' (p~ ~ °z'~ 160:54 O.E. _ _ ...~ ... MATCfiLINE `A" SHEET 5 .r r Dennis J. Leavy & Associates IRC SKETCH 8 DESCRiPTtoN , . * Land Surveyors Mappers Far: Pain Bearfi County Property Real Estate Managamenf Division 460 0{~slAe$S Pnl'iC wny * Suite 8 Royal Pnlm Bench, Florida 33411 ~~ RRM sc~l.e t"~Btl' f]ATE:02/28/68 Phone set 7sa-peso r'mc 561 75,f' -6280 F a/PC. N/m ,-os~: ~,~, „~„~, si~T a of MATCHLINE "A" SHEET 4 ~~ d ~ a TRACT 8-~ 1- t'i W ~ 1(S 3 ~~ io ~` r7 ~ ro R.E. o ,_~,~~ ~ o a ~ ~ ~-~ ~ z a r- 0 40' UTILITY EASEMENT 2J FbR WATER MAINS {P ~~ ~_ ! 4fl {P) J P S89'29'23"W PLAT LIMITS- (P} 66.45' SOUTHWEST CORNER OF SOUTH LONE bF THE TRACT B (p), 'SOUTHEAST WEST 1~2 OF LDT CORNER OF THE WE5T 1/2 DF STONE STRTID43 FLDRIRA, INC (P.B. 38. E?G 129-13p, P.B.C.R.) 8tl' 40' 0 80' GRAFHfC $CAtE !N FEET '!!Al F' T`='BC7' CURVE TABLE CURVE LENGTH RADIUS bELTA C1 31.42' '20.40' 9D~D0'00" C2 31.42' 20A0` 90'DO'00" C3 31.42' zo.oo' 9aroo'oo' Dennis J. Leavy & Associates, Inc. s;'cErcH s Land Surveyors'Mappers ProaeAYRealalm 460 Business Park Way « Suits B Royal Palm Beach, Florida 33411 ~~= ~M SCALE: Phone 581 753-0850 Fuz 581 783-02Ba F.B./PG. N/A ,rOB#: ,_, Ki\PGUB,jo6s\09-OPIW"pV#odStar4 SkettStdp P1PBla0oe ffi~JO PX EiT Estate 1Vlanagement Div~sian r=ao• oATE:o2/zs/oa °~'~+ ~ SHEET 5 OF 9/ "EXHIBIT 'i2" TO FLOWAGE EASEMENT "PARK PRQPERTY" ~~ ~ V __ z~y_ ~ '. ``~ pp0 .. ~ ~ E LL ~'.~,,'. n tiH • m ' I ~~ ~ w ~. = S I ~„ ..5 y ~ ~. I.-+ i .~ ,,~~++~~ I t• fA rp ti r l TAI ~~tif ~` 1y~,~~+~~'I ~R'*S'~ {... y v ^+~ .~ r S ,. 1 ~ _ ~ _~ '~,Y ~ II x ~;"~~,_ i ri"~ o ~ t ~~i 1S ~ ~y ~ •• Y ~' ~ ~ r F~YC A O N 7Y ~{ k •1 .T~ r tsl3~rl ~ l,~ 7s ~' ,r~ y!f ~~ %y . ~ •~•i °~ ~ '' ~, :~; ~~, ~ ~ 1 3 7. ~ ~~" i ~ ; 1 1 ~. 3F ~ ~r - . K q ~ :~ `• ~. Y . :~ ~. ~ggk i~ M r:- ri+ EIXIOBIT " 3" TO FLOWAGE EASEMENT RETENTION PROPERTY .~a'-"rl~~Cr'~s~ L~>C~2~ P.i'31~~d~ ~ "SS~J~7J~/; !1 I ~ .~ ~~ :, n i M1 ~-~_-~ ' . a -., ~ ~~ ~r r' ] q ~ ~ ~ 4~ n 'j it I ~• + ~~ l I~ ~;~+ f r~ wy~ +~I ter ~ ~ .~,,~ _.. `~ ' '~. a- ,~ ~~~ ~ ~~~ yr ~nsi ~ "• y.!i :I ~ ~~. Q Ik ~~ ~' .~' ~ °., t ; FF a ~~ i 1dt I~ Xr f ~• l ~ I~ ~~~ ~ '~ u J ~~~ ~. ~ ~ i, ~ ~! ~ i` ~ c ur: r_ '~~ : f! I~ ~ "`~" r ~~ `4 ~ f ~ i~ ;~~ryr:.. . 47 r- ,... . ~;~ .> ~ -~ F L' F ~1 ~_ 1~ T 'rr Y ~ a j ~k j °~ a~ ~ ~ ~_ . .fit ~ ~$ ~ ~ x ~ •o ~~ x.s1 g q :t ~Su~,~,y E.a ~LL ac ,~~ }~ xr~ ~Y {t. ,., .. ~,, 4„~ "~ ~~ ! 11i. ~x7; '.: Y'::' ~, .~ a L, ~~ Y k C u .~ ¢~ N Y ~i w E~HI~i'I` "4'r TO FLOR'AGE EASEMENT EASEMENT PREMISES (TO BE PROVIDED) EXHIBIT "H" PER1VIiTTED EXCEPTIONS 1. Plat of Map showing. subdivisions of portions of Townships 45 and 46 South, Range 43 East, as recorded in Plat Book i, Page 4, public records of Palm Beach County, Florida. Referenced only as part of the legal description of subject property. 2. A 25' FPL Easement and a 12" Sanitary. Easement as shown on the Plat ofAubum Trace, as recorded in Plat Book 64, Page 184, public records of Palm Beach County, Florida. Said Plat dedicates Tract B for drainage retention and future recreation .purposes. 3. Easement to FPL. recorded in Official Record Book 311; Page 1 l7, public records of Palm Beach County, Florida. 4. Reservation and reverter in County Deed to City of Delray Beach recorded in Official Record Book 8605, Page 243. Said exception will be deleted by merger unless restated. 5. Easement Grant recorded in Official Record Book 16923, Page 1894. Said exception will be deleted upon recordation ofrelease. 6. Notice of Limitation of Use recorded in Official Record Book 19372, Page 1472. Said exception will be deleted upon recordation of release ofihe subject property. 7. Gross Easement Agreement recorded in Official Record Book 20273, Fage 1347. Page 1 of t )+ XHIBIT "I" MEMORANDUM OF LEASE Arepared BylRetum To: Howard 3_ l:alcon bl Assistant County Attorney County Attorney=s Office 30 ] North Olive Avenue, Suite GOl west Palm Beach, Florida 33401 MEMORANDUM OF LEASE This a Memorandum of lease dated by and between PALM BEACH CQUNTY, apolitical subdivision ofthe State ofFlorida, with an address. of 301 North Olive Avenue, Suite GOi, West Palm Beach, Florida 33401, "County", and the C1TY O> DELRAY BEACH, a Florida municipal corporation,, with an address of 100. NW 1 ~` Avenue, Delray Beach, FL 33444, "City". WITNESSETHc WHEREAS, County and City have entered into that certain Lease Agreement, (the ALease[~}, having an Effective Date of , 200_, (the ALeaseC~} pursuant to which County has leased from City that certain real property legally described in Exhibit Al c~ attached hereto and made a part hereof, (the AHead Start Propertyc~); and WHEREAS, the City shall convey the Head Start Property to the County after the purchase price. payment has been paid to the City by the County and satisfaction of certain conditions set forth in the lease; and WHEREAS, the parties have executed this Memorandum for the purpose of giving public notice oFthe existence of the Lease and certain provisions thereof. NOW, THEREFORE, for good and valuable consideration,. the receipt and sufficiency of which is hereby acknowledged, the parties hereby acknowledge, and give notice af, the existence of the Lease and oftheCounty=s leasehold interest in the Head Start Property. The parties also hereby give public notice of the following provisions of the Lease: The initial Term of the Lease commenced upon . and shall continue for aperiod afninety-nine {99} years thereafter, unless terminated earlier pursuant to the terms of the Lease, by agreement of the parties, ar by operation of law. Upon the scheduled expiration or early termination of the Lease as provided for therein, County shall execute, in recordable form, and deliver to Landlord a Memorandum of Termination of Lease. At any time during the term of this Lease after paymenit to the City, the County has the right to cause the City to convey the Head Start Property to the County. This Memorandum is n. of a complete summary of the Lease. Provisions in this Memorandum shall not be used to interpret the provisions of the Lease, and, in the event of conflict between this Memorandum.and the Lease, the Lease sha11 control. Page l of 2 IN WITNESS WHEREOF, the parties have caused this IVlemorandurn to be executed as of the date first-above written- Signed, sealed and delivered in the presence of: ATTEST: SHARON R. BOCK CLERK ~ coMPTROLLER By: Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By= Assistant County Attorney Signed and delivered in the presence of: ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY PALM BEACH COUNTY, a political subdivision of the state of Florida, by its Board of County Commissioners By: Addle L. Greene., Chairperson APPROVED AS TO TERMS AND CONDITIONS By: Department Duector CITY OF DELRAY BEACH, a municipal corporation created and e~sting ender the laws of the State of Florida By: Rita Bllis, Mayor (Seal} City Attorney Fage 2 of 3 'Exhibit "1" Legal Descripfioo ot` Head Start Property SKETCH & DESCRIPTION LOCATION MAP LEGENR: ~r to scn~ (C) ~ CALCULATED CL =CENTERLINE D.E. =DRAINAGE EASEMENT (O.R.B. 2073, PG. 1347. P.S. C, R:) O.R.B: =OFFICIAL RECORD BOOK (P) =PER THE PLAT OF AiiBURN TRACE, (P.B: 64, PBS. 184-T86, P.H.C.Ft.) ~u„~,, . kf "~ 'rre'X~;PY rY',~ 'P~ ._ ~_ .~ .F b ~~__(( y~ , Q ~ly°V.1 :~~r~ ~1 f {P2) = SU8OI~5[ (3F` SECTION 20, TOWNSHIP~4F5, RANGE 43E P_B. =PLAT BOQK` P.B.C. =PALM PEACH COUNTY P.9.C.R. = PALM BEACH COUNTY RECORDS PG. =PAGE S.F.~ =SQUARE FEET MORE OR LESS NOTES: 1. BEARINGS DEPICTED HEREON ARE RELATIVE TO THE NORTH UNE OF TRACT B, AUBURN TRACE`, ACCORDING TG THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6A, PAGES 184 THROUGH 186 'OF THE P1IBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LINE DEPICT!=D AS HAVING A BEARING OF NORTH 8943`47" EAST ON SAID PLAT_ 2. THE UNDER5IGNED MAKES NO RERRESENTATIONS..OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, R1GHT5 OF WAY, SETBACK LINES, AGREEMENTS AND OThIER MATTERS, AND FURTHER, THIS INSTRUMENT I$ NOT NJTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS: SUCK INFORMATION SHOULD BE DBTNNED AND CONFERMED BY .OTHERS THROUGH APPROPRIATE 11TLE VERIFICATION, LANDS S}•DWN HEREON WERE NOT ABSTRACTED FDR RIGHTS OF WAY AND/OR EASEMENTS OF RECORD. 3. THIS INSTRUMENT NOT VALID WITHOUT THE SIGNATURE AND THE. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.. 4. THE LICENSED BUSINESS NUMBER FDR DENNIS J. LEAVY & ASSOCIATES INC. IS LB 6599 AND THE CERTIFYING SURVEYORS LICENCE IS LS #5898. 5. THIS IS NOT A SURVEY: RENSIUNS 1 03/05JOB REVISE PER P.B.C. COMMENTS RRI Dennis J. Leavy & Associates, Inc. si~TOH & oesc~iPTIaN Land 5urve ors * Ma er5 Y PP P ~ For. Palm Beach Cnunq~ roperly Real Estate Management Division 4.64 Business Park Way • Suite B Royal Paim Beach, Floreda 33491 ~~ RRM 5CIJ.E: N/A lMTE 02/28%08 Phone 581 753-0850 FWt 387' 753-0290 F.B./PG. N/A JD$~: ~ a,,,",, Si1EET 1 aF DESCRIPTION: A parcel pf land being comprised of a portion of TRACT B, AUBURN TRACE, according to the- plat thereof as cetorded in Plat Boak. fi4, Pages 184 through 186. of the Public Reeerds of Palm Beach CaunEy; Florida. Together with a portion of fhe WesE one-half (W 1/2) of Lot 38 of the Subdivision of Section 20, Township 4fi South, Range 43 East, Polm Beach County, Florida es retarded in Piat gook i, page 4 of the Public Records of f~alrri Beach County, Florida. Being, more particularly described as #ollows: Beginning at Northwest corner of said. TRACT S; thence North 89'43'47" Edst- (as o basis of bearings) dlong the North [ine of said TRACT B, a distance of 296.'!0 feet; thence South 00'16'13" East, o distance of 2&9.50' feet to the point oicurvoture of d circular curve to the right; thence southwesterly along. the arc of soid curve- having a radius of 2D.00 feet, a central angle of 90'00'00 and an arc length of 31.42 feet; thence South 89'43'47" Wesf, a distance of 76,25 feet to the point of curvature of o circular curve to the left; thence southwesterly along the art a# said curve having. a rddius of 20.00 feet, o central angle- of 90'00'DD" and an are length of 3l.42 feet; thence Spu#h Op'16'13" EaBt, a distance of 27.D0 feet to the point of curvature of a circular curve to the right; thence southwesterly along the art of soid curve having a radius of 213;00 feet, o dentral angle of 90'DO'QO" piid an arc length of 31.42; thence South 89'43'47" West, a distance of 160.54 feet to o' point being on the West I'sne of said TRACT B, also being th.e East line of the West one-half of said Lot 18; thence South 00"09'33" East along said West line, a distance of 315.14 feet to the Southwest corner of said TRACT B, also being tfie Sowthaast corner of tlse West one-half of sold Lot 18; thence 5pu#h 89'24'23" West along the South line of the West one-half a€ said Lot 18, a distance of 66.49 feet; thence North p0'16'13" West, a distance of 356-fi7 feet; thence South 89."43'47" West, a distance of 16.33 feet; thence North D0.'t6'13° West, a distance of 72.75 feet;' thence South 89'43'47° West, a distance of 8.00 feet; thence North 01)'16'13" West, a distance of 64.33 feet; thence South 89'43'47" West, a distance of 63.58 feet; thence North 00'16'13' West, o .distance of 57.50 feet; thence South 89'43'47" West, a distance of $.[f0 fee#; thence North 00'16'13" West, a distance of 96..50 feet 'to a paint being on a lure lying 24.77 fast South of and parallel with (as measured at right angles] the North line of the West one-hatf 'of said Lai 7$; thence. North 89'43'47" East along said parallel line, 'a distance of 163.66 feet t9 o paint being on the East line of the West one-half of said Lot 1$, also being the West line of said TRACT B; thence North 00'09'33" West along said Eost line, a distance of 24.77 feet to the POINT ~F BEGINNING. Staid lands situate, lying and being in Palm Beach County, Florida. Contolning 15ti,2~8 square feet mare -ar less. Dennis J. Leavy $~ Associates, Inc. sl~TCfi ~ oESCRIpTIt3N Lana Sutve ors " Ma ere Pro Far: Palm Beach County y pp party Real Estate Management Olvisiun 480 Business Park Way + Suite B ~. Rgld SCAt,Ir: N/A DATE: o2/ae/b8 Royal Rafm Beach, Florida 33417 Phone 561 763-0850 Fmt 581 753-0280 F.B./PG. N/A ~: SttEET 2 OF K~~xoom~m"~oe-o8aw"pVl~adstnrt sutcrwnrp e/eeiema f~ealo PK EST NORTH LlN1= OF THE WEST 1/2 OF LOT 18 (P2j pLA7 LIMITS (P) N\DRTFItMES7 GCRNER OF TRACT B (P) .r NB9'43'4TE 684.41' ~~ a w 0 D ~~f~ r r. OrVET?"ALLrr r r~ 25' (Pj U~DESCRIBED AREA , L-117.$1'_{P 158,28.8 S.F.t F7=150.00' 1f///!//////1// ~45'DO'DO" ~ ~ ~~ TRACT B .~.f97;$0$ 5.F 13a.16 SOUTH LINE OF THE WEST 1/2 DF' LOT TS (P2) - iRnw o (P) L1. ~~O :o°.~~ . r~ ~°~ ~ (pLN89'29'23"E (?) TRACT C~ R=210.00 X48'03'00" TRACT G PLAT LIMITS (P)- (~) 15R' 75' 0 150' GRAPFilG SCA7~ fN f'8E7 SCN.E: 1" ~ f50' Dennis J. Leavy & Associates, lnc. siceTCH $ DESeRi~riaN Land Surveyors `Mappers Pf~pertyii~l F~rat ar~~m" Win! Divisbn 460 Business Park Wqy ~ suite 8 E>aAWtJ: RRiw SCAlE: 1'=75U' BATE: D2/2BfRB Royal Palm Beach, Florida 33411 Phone 561 753-0650 Fax 581 753-~DZ94 F.6./AG. N~A~ JOBS: SNEEF3 RF 8D' 40' D 80' GR4AFilC SCALE 1N FEE7 SCALE• f " = 80' CARVER PARK (P.B. 27, PG. 55, P:B:C.R.) LOY 17 {P2) 3 NORTH LINE OF ih THE WEST 1 /2 OF ~ POINT' OF BEGINNING : LOT TS (P2) a n NORTHWEST COR E 24 77' ° N OF TRACT 8 .(P) PLAT LLMITS ~ . z ~b NORTH LINE OF TRACT 8 (P) ~~ ; O ~ N89'A3'47"E - -- --N85'43'+F7"E--296.tQ'-..-. -. flQ / 163 6fi' - --BEARING BASE------- - --• ~ o ,q z ~ . PORTION OF PARK 25' EASEMENT FOR FLORIDA POWER & o '~? I 3 6 4 F f ES 12' SANITARY LIGHT (P) ( a, . ) 8O . ' SEWER EASEMENT ,~ ~P) I t ~ o ~ I ~~ iq a PORTION OF TRACT B ~ ~ i 1 z~ in- v~ 97,508 5.1=.t) r I ~o 1 I~,J ss++yy I 17 3n ~ ~ ` ~ ~ P 1 Z ~ ,,, d ° a OVERAIl DESCRfBED AREA ~ ~/ ,. ~ ~ i ~ 158,288 S:F.t ~ 8 ' ~ ° '4 'W J f TRACT B J ~ 5 9 43 7 n ~ a ~ I 63.58' i ~ z ~ ~' ~ (P) I ~_- ~ ~'`' a ~ 569'43'47"W I ° ~ ~ N 589'43'47"W o ~ a C2 76.25' G7 1. I v ~ 8.00 . ~ - ~ - - - m ~ ! w ~ 500'16'13'E ~y M ~ 27.00' \ p 589'43'47"W + ' ~ o~' ~ i. h ---._,--- J\ 16.33 .+ .~~ N ~ ~ 589'43'47"W ~ O3r TRACT B. - ~ r~~ z 750.54' \ (P) D,E. \\\ - MATCHUNE .... 'A"SHEETS Dennis J. Leavy 8~ Associates InC SKETCH & DESCRIPTION . , . Land Surveyors Mappers For. Palm Beach County Properly Real Esiale Matiegement Civision 450 Business Park Way * Suite B Royal Palat Beach, Florida 33411 OrtAWN: rtRil SG4LE 1's6°' OA7E: 02/28/os ` Phor10 551 7'53--0650 Fwc 581 753-0290 F.B./PG. N/A JOSS: ,,,~,~,~,,, ~,,,,,,, ~ ' ~ r + SHEET 4 OF' J MATCHL1rVE 'A" SHEEP 4 f N v {' 4A ~ x TRACT B f m ¢ ~ ~ W ti ~ Ul r~ ~ ~ ~ u ~ D_E. - p i~ i ~~ w -~ `~ o ~ ~„~ Q ~ ~ ~ Q 40' UTILITY EASEiAENT ~' ~ a ~ FOR WATER MAINS (P,); ~ 2 Q- + 4D, (?) ~J J 589'29'23«w 4 PLAT LIMITS (P) 65.49' SOUTHWEST CORNER OF SOUTH LINE OF THE TRACT B (P), SOUTHEAST WEST 1%2 OF LOT CORNER OF THE WEST 1/2 OF 18 (P2) LC3T 18 (P2) STONE STATfgN FLORIpA, fNC (P. B. 9fi, PG 129-130, 1'.B.C.R.) 60' 40' 0 a0' GRAPFifC SCALE fN FEFr CURVE TABLE CURVE LENGTH RADIUS DELTA. C1 3i.42' 20.00' 90'00'00" C2 3t:42' 20.00' .90'00'00" C3' 31.42' 24.00' 90'00'00" Dennis ,l. Leavy & Associates, inC. 5KE'TCH & bESCRIP710N land Surveyors " Mappers Prcperty°R ~F.sra'ee~amsnr oirision 4C0 Business Perk Way '~ Suite 8 Royal Palm Bench, Florida 33411 ~~~ RRtd 3CAl.~ i'mao' DATE o2/2$/oa Phone SB1 733--085D Fmc 'S81 753-029D F.B./PG. N/A ~ ~„s, SNFEf 5 OF y~a1~s _ r' ~.,q,yx~, d a ~ a o ~ .~ ~1J170^, 1,{"3D~ WJ4d ~r,~~. fpaa{a ~oa~ .Ca1~aa pasodoad ~' - -_..~~ d fi'b' ~ ~ '> N OM .: ~ ~ ~ ~~ g ~ ~ ~ ~ ~~ o ~~ ~~~, ~~ ~ ~ ~a ~5 «~ . f r~ ~r ) ~ ~'+.~ •w ~ i~ i Q s ~~ ~n$~~ ~ ~ ~~~ ~~~~ ~~ ~I h ~4~=g ~ Q F- 0 F- o a ~~, ., _ ,~ ~ *,6 'f 1 MFN R ~N ; rl~,• '•~t ~~ (,y ~ ~ lr I t IP ~ ti + i L r ~ ~ t~r Ir :5 ~ _~{ 3AY Hlt3 ,'~ rF~~ ~ ~ ~ ~ rn~ I ~ ~ f f. ~= s~Y'r-~.h ~• , 1 -O t .r. - ~L.ilim.4 ~.~: .... ~`~ € t+° S~ ~~. ire. .r1 ~ ~ ~ ~ -_. ~ ..~.~ iy ~jjj'''Tee''++• .,I..~~!! ~r/I ir'ri dj ,a.,.r--x-~~,e4_' _.T'.r.~,,..,~1':!\~ ~ ,~•..-r .~. d~;+L .«.-ter r.~~.._.,..ikj ~ F 1;1~ ~ - 11r~~~{jT.`~=`'•'^-,•L^^T _ _~+,.~~`\~ _' Y~t7 ..J,...' ~._~ ~ I tl .1 :,L ~~. ~ ,;. ~ I t i5;'--- -~.~ -r~.._~r- L r~", . i !~>'...1 ;:;~~ V Ll ~~ ~ l3AY 1;t8! iM S~ i 3 ..4- ... ... _ ~_~ `~~ ._._. -' ~-..._ .._. ~ _..__~, _. ." ~,~1Y ~j 1115 f~ s a _~ a 7Yr~ U 0 v N Q N'89'43'47"E 684.41' (P O 0 NORTH LINE OF THE WEST 1 /2 OF LOT 18 (P2) POfNT OF BEGINNING PLAT LIMITS (P) [NORTHWEST CORNER OF TRACT B (P) /!/f:,' !. ::~ OVERALL ~/,. ;:'~ ,~" ° ~bESCRIBEI) AREA/: ~~~.'i ,'~.' d- ~ 1'58,2$$ S.F.f ;.. f f :..; ; /.'. /: ~~ ~' : f PORTION OF '.:o ^ TRACT B ~.~ ~ ~ x/(97,808 S.F.t)~ ,.0. ~ b 'f, ~~.' • ,, . Q.~,/'~ ~ .r ..o ~ z' ~ ~`~ `f. o .. :~ ~ f- 0 .• -TRAGT B ' ~ (~) 4~1 ,,<v ' y~. o° -~ `? .n° ~ry ^~o (~'~ N$9'29'23"E 130.1Fs' SOl1TH LINE 01=' THE W1=ST 1 /2 OF LOT 18 {P2) Dennis J. Leavy & Associafes, Inc. Land Surveyors * Mappers 4fi0 Business Park Way * Suite B Royal Palm Beach, Florida. 33411 F~hane 561 75.3-0850 Fax 581 753--D290 25' (P} - R=150.00 D=4.5'00'Ofl" ~' LO `~ ~f Ql ~~~ ~ ~o~t ~~ ~, . p ~ J~~J4. h~^~ P~~ TRAGT A -~ (P) ) L= 66.16' ~ R=z1 aoo ~=18'03'00" TRACT C {P) TRACT G PLAT LIMITS {P) {P) T50' 75' D 15D' GRAPNiC SC,4LE 1N SET sc,~F: ~" = rso' SKETCH & DESCRIPTION Far. Palm Beads County Property Real Estate Management Division DRAYVPI: RR~1 $DALE: 1'=150' DATE: 02/28/08 F,B./PG. N/A JOBS: k~t~ swe~, SHEET 3 Of- K~\200B,pba~0@-02i\ah.g~6ieodStart SHVtch.dwQ 2128/2pp9 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 13, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 ORDINANCE NO. 13-08 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Amendment to the Land Development Regulations (LDRs) to Section 4.6.7 (H) "Exempt Signs", pursuant to LDR Section 2.4.5(M). BACKGROUND Historically, there have been two separate Little League organizations operating within the City of Delray Beach. These two operations have recently agreed to merge as one organization with the goal of providing the best program for all residents of Delray Beach. During discussions related to this merger, the difficulties of maintaining and adequately funding the associated budget were highlighted. Sponsorship and related advertising opportunities at the ball fields themselves provide a unique opportunity to creatively generate this needed revenue. These proposed amendments to the sign code will provide this option while being sufficiently restrictive to prevent wholesale sign clutter in the City. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS The Planning and Zoning Board considered the amendments at its February 25, 2008 meeting and recommended some changes. These are included in an alternate ordinance which is also before the Commission. The Planning and Zoning alternate ordinance addresses comments made by the Board that the signs should be allowed to stay up year round for those supporters that desire repeat sponsorship from one year to the next. This modified ordinance effectively eliminated the month off (time during which signs are to be removed) between July 31 and September 1st. However, this alternate ordinance requires the signs to come down from December 1st until March 1st each year to allow this type of advertising to fit into the category of "temporary signs". The Board unanimously recommended approval 7-0, of the alternate ordinance by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. RECOMMENDATION By motion, approve the amendment (alternate version of Ordinance 13-08) to the Land Development Regulations Section 4.6.7 "Signs", to allow temporary sponsorship signs on ball fields during specific times of the year, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 13-08 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS SY AMENDING SECTION 4.6.7, "SIGNS", SUBSECTION 4.6.7(H), "EXEMPT SIGNS", IN ORDER TO INCLUDE "SPONSORSHIP SIGNS" AS A NEW CATEGORY OF "TEMPORARY SIGNS" ALLOWED WITHIN THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 25, 2008 and voted 7 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board siding as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach desires to allow temporary signs on outfield fences at all ball fields within the City of Delray Beach during the Little League season in order to help promote community unity. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.6.7, "Signs", Subsection 4.6.7(H), "Exempt Signs", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows: (10) Temporary Signs: (a) Temporary Non-Commercial Signs 1. Temporary non commercial signs may be placed on public rights-of- ways contiguous to private property. Such signs shall not be placed in medians or on portions of rights-of-way contiguous to publicly owned property. 2. Each temporary non commercial sign within a public right-of-way shall be removed within ten (10) days after the date of event, election or referendum If said signs are not removed prior to the expiration of the ten (10) day period the sign shall constitute an abandoned sign and the City shall remove the sign. 3. No temporary non commercial sign shall exceed helve square feet (12 sq. ft.) per sign face in area on any private lot or parcel. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. 4. Any temporary non commercial sign in the public right-of-way shall not exceed three square feet (3 sq. ft.). No temporary non commercial sign shall be placed on any public property. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. (b) S~onsorshi~ Signs December 1St and March 1St through Tuly 31st each year. St 2. Andsponsorship signs remaining for more than ten (10~ys after the dates specified herein shall constitute abandoned signs and shall be removed by the Citv. ~ r 3. Each sponsorship sign shall not exceed thirty t~ square feet (32T~ Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord 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 Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. NO. 13-08 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 13-08 Alternative ORDINANCE N0.13-08 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS SY AMENDING SECTION 4.6.7, "SIGNS", SUBSECTION 4.6.7(H), "EXEMPT SIGNS", IN ORDER TO INCLUDE "SPONSORSHIP SIGNS" AS A NEW CATEGORY OF "TEMPORARY SIGNS" ALLOWED WITHIN THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 25, 2008 and voted 7 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board siding as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach desires to allow temporary signs on outfield fences at all ball fields within the City of Delray Beach during the Little League season in order to help promote community unity. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.6.7, "Signs", Subsection 4.6.7(H), "Exempt Signs", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows: (10) Temporary Signs: (a) Temporary Non-Commercial Signs 1. Temporary non commercial signs may be placed on public rights-of- ways contiguous to private property. Such signs shall not be placed in medians or on portions of rights-of-way contiguous to publicly owned property. 2. Each temporary non commercial sign within a public right-of-way shall be removed within ten (10) days after the date of event, election or referendum If said signs are not removed prior to the expiration of the ten (10) day period the sign shall constitute an abandoned sign and the City shall remove the sign. 3. No temporary non commercial sign shall exceed twelve square feet (12 sq. ft.) per sign face in area on any private lot or parcel. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. 4. Any temporary non commercial sign in the public right-of-way shall not exceed three square feet (3 sq. ft.). No temporary non commercial sign shall be placed on any public property. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. (b) S~onsorshi~ Signs 1St each year. St 2. Andsponsorship signs remaining for more than ten (10~ys after the dates specified herein shall constitute abandoned signs and shall be removed by the Citv. ~ r 3. Each sponsorship sign shall not exceed thirty t~ square feet (32T~ Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord 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 Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. NO. 13-08 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 13-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 6, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 ORDINANCE NO. 11-08 -SECOND READING ITEM BEFORE COMMISSION This item is before Commission for consideration of adoption of the proposed amendment to the Community Redevelopment Plan. BACKGROUND At the first reading on March 3, 2008, the Commission passed Ordinance No. 11-08. RECOMMENDATION Recommend approval of Ordinance No. 11-08 on second and final reading. ORDINANCE NO. 11-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSNE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356; and WHEREAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Delray Beach completely and without limitation; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Community Redevelopment Plan on September 9, 1986, by Resolution No. 49-86 as subsequently amended on November 24, 1987, by Resolution No. 47-87, and as further ratified and amended on February 14, 1989, by Resolution No. 6-89, and as further ratified and amended on September 25, 1990, by Resolution No. 86-90; and as further ratified and amended on April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991, by Resolution No. 93-- 91; and as further ratified and amended on May 26, 1992, by Ordinance No. 17-92; and as further ratified and amended on December 1, 1992, by Ordinance No. 60-92; and as further ratified and amended on February 22, 1994, by Ordinance No. 5-94; and as further ratified and amended on September 5, 1995, by Ordinance No. 48-95; and as further ratified and amended on March 5, 1996, by Ordinance No. 8-96; and as further ratified and amended on February 3, 1998 by Ordinance No. 2-98 and Resolution No. 11-98; as further ratified and amended on November 7, 2000 by Resolution No. 94-00; and as further ratified and amended on May 15, 2001 by Ordinance 33-O1; and as further ratified and amended on January 18, 2005 by Ordinance 1-05; and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach, Florida, hereinafter referred to as the "CRA", has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifying said Plan to account for certain changes which have occurred since the last amendment of the Plan, to account for modification or completion of project components, and to provide for the addition of new programs to the Plan; and WHEREAS, the CRA of the City of Delray Beach has recommended to the City Commission of the City of Delray Beach, Florida, that the Community Redevelopment Plan be modified, amended and ratified in the form attached hereto as Exhibit "A"; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications conform to the Community Redevelopment Act of 1969, as amended; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications are consistent with the City of Delray Beach's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications meet the applicable requirements of Section 163.360, Florida Statutes; and WHEREAS, the City Commission shall hold a public hearing on said modifications to the Plan, after public notice is given in conformance with the requirements of Chapter 163, Part 3, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the preamble stated above is hereby incorporated by reference herein, as findings of fact upon which this ordinance is based. Section 2. That the Community Redevelopment Plan for the City of Delray Beach be, and the same is hereby modified, amended and ratified in the form attached hereto as Exhibit "A" and made a part hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. ATTEST: PASSED AND ADOPTED in regular session on second and final reading on this the day of 200 MAYOR City Clerk First Reading Second Reading MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: February 27, 2008 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 ORDINANCE NO. 11-08 ITEM BEFORE COMMISSION Consideration of adoption of the proposed amendment to the Community Redevelopment Plan. BACKGROUND The Community Redevelopment Plan establishes the projects and programs to be undertaken by the CRA in the coming years. The Delray Beach CRA's first plan was adopted in 1986 and has been amended several times since. The last amendment was adopted in January of 2005. When formally adopted by the City Commission, this latest amended plan will replace the current Community Redevelopment Plan in its entirety. A list of the major changes can be found in the attached Planning & Zoning Board Staff Report, and a full copy of the amended Plan is attached. Since the amended Plan does not include any projects or programs which require revisions to the Comprehensive Plan or the Future Land Use Map, it remains consistent with both. While many of the projects included in the Community Redevelopment Plan involve staff or financial participation by the City, applicable policies are already included within the Comprehensive Plan for City participation in these programs. Specific recommendations for amendments to the Land Development Regulations and for the rezoning of several parcels of land, which are included on page 88 of the Plan, can be accommodated without amending the Future Land Use Map or the Comprehensive Plan. Given the above, a positive finding can be made with respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan. REVIEW BY OTHERS • The Pineapple Grove Main Street Executive Board reviewed the amendments at its February 6, 2008 meeting and endorsed the amendments. • The Downtown Development Authority (DDA) reviewed the amendments at its February ll, 2008 meeting and recommended approval. • The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its February 13, 2008 meeting and recommended approval. • The Planning and Zoning Board considered the amendments at its February 25, 2008 meeting and unanimously recommended approval 4-0, (Chuck Halberg, Joe Pike and Francisco Perez stepped down), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. RECOMMENDATION By motion, approve on first reading Ordinance No. 11-08, for adoption of the amended Community Redevelopment Plan, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Exhibit "A" TABLE OF CONTENTS PART ONE: BACKGROUND ...................................................................................................................... 1 I. AUTHORITY TO UNDERTAKE COMMUNITY REDEVELOPMENT ............................................................. .. 1 II. CREATION OF THE COMMUNITY REDEVELOPMENT AGENCY .............................................................. .. 2 III. POWERS OF THE COMMUNITY REDEVELOPMENT AGENCY ................................................................ .. 2 IV. THE COMMUNITY REDEVELOPMENT AREA ...................................................................................... .. 3 V. THE COMMUNITY REDEVELOPMENT PLAN ....................................................................................... .. 3 PART TWO: EXISTING CONDITIONS ..................................................................................................... .. 5 I. GENERAL DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AREA ........................................ .. 5 A. EXISTING LAND USE .......................................................................................................... .. 5 B. EXISTING HOUSING AND POPULATION ................................................................................. .. 6 C. EXISTING TRAFFIC CIRCULATION ........................................................................................ .. 6 D. DOWNTOWN PARKING ........................................................................................................ .. 6 II. GENERAL HOUSING CONDITIONS .................................................................................................... .. 7 FIGURE 1: RESIDENTIAL NEIGHBORHOOD CATEGORIZATION MAP .................................................... .. 9 III. GEOGRAPHICAL SUB-AREAS .......................................................................................................... 1U TABLE 2-1: GEOGRAPHIC SUB-AREAS ........................................................................................... .10 FIGURE 2: GEOGRAPHIC SUB-AREAS, COMMUNITY REDEVELOPMENT PLAN .................................... 11 A. SUB-AREA#1: "THE BEACH DISTRICT" .............................................................................. .12 B. SUB-AREA #2: "THE CENTRAL CORE" ................................................................................ 13 C. SUB-AREA#3: "WEST ATLANTIC AVENUE NEIGHBORHOOD" ................................................ 14 D. SUB-AREA #4: "THE NORTHWEST NEIGHBORHOOD" ........................................................... 16 E. SUB-AREA#5: "NORTH FEDERAL HIGHWAY" ...................................................................... 17 F. SUB-AREA#6: "NORTHEAST NEIGHBORHOOD" ................................................................... 18 G. SUB-AREA #7: "OSCEOLA PARK" ....................................................................................... 19 H. SUB-AREA#8: "THE SOUTHWEST NEIGHBORHOOD" ........................................................... 19 PART THREE: ANALYSIS ....................................................................................................................... 22 I. PROBLEMS AND NEEDS WITHIN GEOGRAPHIC SUB-AREAS ............................................................... 22 A. SUB-AREA#1: "THE BEACH DISTRICT" .............................................................................. 22 B. SUB-AREA #2: "CENTRAL CORE" ....................................................................................... 22 C. SUB-AREA#3: "WEST ATLANTIC AVENUE NEIGHBORHOOD" .............................................. 23 D. SUB-AREA~$4: "NORTHWEST NEIGHBORHOOD" .................................................................. 24 E. SUB-AREA#5: "NORTH FEDERAL HIGHWAY" ...................................................................... 24 F. SUB-AREA#6: "SEACREST/DEL-IDA NEIGHBORHOODS" ...................................................... 25 G. SUB-AREA #7: "OSCEOLA PARK" ....................................................................................... 25 H. SUB-AREA#8: "SOUTHWEST NEIGHBORHOOD" .................................................................. 26 I I. OVERALL NEEDS WITHIN THE COMMUNITY REDEVELOPMENT AREA .................................................. 27 A. REMOVAL OF SLUM AND BLIGHT ........................................................................................ 27 B. LAND USE ....................................................................................................................... 27 C. ECONOMIC DEVELOPMENT ................................................................................................ 28 D. AFFORDABLE HOUSING .................................................................................................... 28 E. DOWNTOWN HOUSING ...................................................................................................... 29 F. INFRASTRUCTURE ............................................................................................................ 30 G. RECREATION AND CULTURAL FACILITIES ............................................................................ 30 III. MARKET CONDITIONS AND DEVELOPMENT POTENTIAL ..................................................................... 3O A. OFFICE POTENTIAL ........................................................................................................... 31 B. HOTEL DEVELOPMENT POTENTIAL ..................................................................................... 31 C. INDUSTRIAL DEVELOPMENT POTENTIAL .............................................................................. 31 D. RESIDENTIAL DEVELOPMENT POTENTIAL ............................................................................ 32 E. RETAIL POTENTIAL/DOWNTOWN MARKET STUDY ................................................................ 32 Cluster 1 -West Atlantic Community Cluster ......................................................... 33 Cluster 2 -Transition Cluster .................................................................................. 34 Cluster 3 -Pineapple Grove Cluster ....................................................................... 35 Cluster 4 -Entertainment Cluster ........................................................................... 36 Cluster 5 -Osceola Park Cluster ............................................................................ 37 Cluster 6 -West of the Intracoastal Cluster ............................................................. 38 i Cluster 7 -North Federal Highway Cluster ............................................................. 38 Cluster 8 - Beachside Cluster ................................................................................. 39 IV. NEIGHBORHOOD IMPACTS OF REDEVELOPMENT EFFORTS ............................................................... 39 A. RELOCATION OF DISPLACED RESIDENTS AND BUSINESSES ................................................. 39 Relocation Policy ........................................................................................................ 40 B. TRAFFIC CIRCULATION ...................................................................................................... 40 C. ENVIRONMENTAL QUALITY ................................................................................................ 41 D. AVAILABILITY OF COMMUNITY FACILITIES AND SERVICES ..................................................... 42 E. EFFECT ON SCHOOL POPULATION ..................................................................................... 42 TABLE 3.1: Public Schools ............................................................................................ 43 V. RELATIONSHIP TO THE CITY'S COMPREHENSIVE PLAN ..................................................................... 43 PART FOUR: THE REDEVELOPMENT PROGRAM .............................................................................. 45 I. REDEVELOPMENT STRATEGIES ....................................................................................................... 45 A. Sub-Area #1: "The Beach District" .................................................................................. 45 B. Sub-Area #2: "The Central Core" .................................................................................... 45 C. Sub-Area #3: "The West Atlantic Avenue Neighborhood" .............................................. 45 D. Sub-Area #4: "The Northwest Neighborhood" ................................................................ 46 E. Sub-Area #5: "North Federal Highway" ........................................................................... 46 F. Sub-Area #6: "Northeast Neighborhood" ........................................................................ 46 G. Sub-Area #7: "Osceola Park" .......................................................................................... 46 H. Sub-Area #8: "Southwest Neighborhood" ....................................................................... 46 TABLE 4-1: CRA Programs & Project by Sub-Area ....................................................... 47 II. COMMUNITY REDEVELOPMENT AGENCY PROJECTS AND PROGRAMS ................................................ 48 A. GROUP 1: AREAWIDE 8c NEIGHBORHOOD PLANS .................................................................. 48 #1.1: West Atlantic Avenue Redevelopment Plan ...................................................... 48 #1.2: Downtown Delray Beach Master Plan ............................................................... 51 #1.3: Southwest Area Neighborhood Redevelopment Plan ....................................... 53 #1.4: North Federal Highway Redevelopment Plan ................................................... 55 #1.5: Osceola Park Redevelopment & Neighborhood Improvement Plan .................. 56 #1.6: Pineapple Grove Neighborhood Plan ................................................................ 58 B. GROUP 2: REDEVELOPMENT PROJECTS ............................................................................. 60 #2.1: NW and SW 5th Avenue Beautification .............................................................. 60 #2.2: FEC Railway Station .......................................................................................... 62 #2.3: Block 76 -Old School Square Expansion and Parking Garage ........................ 63 #2.4: South County Courthouse Expansion/Delray Beach Public Library .................. 65 #2.5: Old School Square Cultural Center ................................................................... 67 #2.6: Block 60 Redevelopment ................................................................................... 67 #2.7: Carver Estates/Auburn Trace Redevelopment (Villages at Delray) .................. 68 #2.8 West Settler's Historic District/Spady Museum ................................................... 70 #2.9: Affordable/Workforce Housing Program ........................................................... 72 #2.10: Carver Square Neighborhood ......................................................................... 75 #2.11: Cultural Loop/Martin Luther King Jr. Drive ...................................................... 77 C. GROUP 3: COMMUNITY IMPROVEMENT PROGRAMS .............................................................. 78 #3.1: Curb Appeal Residential Improvement Program ............................................... 78 #3.2: Site Development Assistance Program ............................................................. 80 #3.3: Community Activities Sponsorship Program ..................................................... 81 #3.4: Downtown Transit System -The "Downtown Roundabout" ............................... 82 #3.5: Business Development Program ....................................................................... 83 #3.6: Historic Facade Easement Program .................................................................. 84 #3.7: Grant Administration Program ........................................................................... 86 #3.8: Delray Beach Renaissance (First Time Homebuyers) Program ........................ 87 #3.9: Clean & Safe Program ....................................................................................... 87 #3.10: Downtown Marketing Cooperative ................................................................... 89 III. PROGRAM OF REGULATORY ACTIONS ............................................................................................. 9O A. COMPREHENSIVE PLAN AND/OR ZONING AMENDMENTS ....................................................... 90 PART FIVE: THE COST OF REDEVELOPMENT ................................................................................... 92 TABLE 5-1: City, CRA & County Funded Capital Projects - 2008-2013 ........................................... 92 I. SOURCES OF REDEVELOPMENT FUNDING 8c FINANCING .................................................................. 93 11 A. TAX INCREMENT REVENUES ............................................................................................... 93 B. REDEVELOPMENT REVENUE BONDS ................................................................................... 93 C. GENERAL OBLIGATION BONDS ............................................................................................ 94 D. SPECIAL ASSESSMENT DISTRICTS ...................................................................................... 94 E. COMMUNITY DEVELOPMENT BLOCK GRANTS ....................................................................... 94 F. INDUSTRIAL REVENUE BONDS (IRB) ................................................................................... 94 G. LAND SALES/LEASES ......................................................................................................... 94 H. CONTRIBUTIONS AND GRANTS ............................................................................................ 95 I. DIRECT BORROWING FROM COMMERCIAL LENDERS ............................................................. 95 I I. FIVE-YEAR PROJECTION OF REVENUE 8c EXPENSES ........................................................................ 95 TABLE 5-2: CRA 5-Year Projection of Revenues & Expenses ................................................... 96 III. FIVE-YEAR REDEVELOPMENT PROGRAM AND FUNDING ALLOCATIONS ............................................. 96 TABLE 5-3: CRA 5-Year Redevelopment Programming & Funding Allocations ......................... 97 APPENDIX A: LEGAL DESCRIPTION .................................................................................................... 95 APPENDIX B: FINDINGS OF NECESSITY ........................................................................................... 101 APPENDIX C: COMPLETED PROJECTS .............................................................................................. 107 # 1.1: Downtown Core Geographic Area of Exception ...................................................................... 108 #1.5: Seacrest/Del-Ida Neighborhood Improvement Plan ................................................................ 109 # 2.1: Bankers Row Project Implementation .................................................................................... 110 #2.2: Pineapple Grove Main Street Program ................................................................................... 111 #2.2: Block 77 Redevelopment Project (Worthing Place) ................................................................ 114 # 2.3: Municipal Tennis Center Rehabilitation .................................................................................. 116 # 2.4: Old School Square Cultural Center ........................................................................................ 117 # 2.5: Blocks 28 & 36 Redevelopment .............................................................................................. 119 # 2.6: Block 60 Redevelopment ........................................................................................................ 120 #2.7: Seacrest/Del-Ida Neighborhood Improvement ........................................................................ 123 #3.8: Renaissance (First Time Homebuyers) Program .................................................................... 124 APPENDIX D: LAND ACQUISITION MAPS .......................................................................................... 127 iii This page left blank intentionally. iv PART ONE: BACKGROUND AUTHORITY TO UNDERTAKE COMMUNITY REDEVELOPMENT This document has been prepared under the direction of the City of Delray Beach Community Redevelopment Agency in accordance with the Community Redevelopment Act of 1969, F.S. 163, Part III. In recognition of the need to prevent and eliminate slum and blighted conditions within the community, the Community Redevelopment Act confers upon counties and municipalities the authority and powers to carry out "Community Redevelopment." For the purposes of this Community Redevelopment Plan, the following definition, taken from the Florida Statutes, shall apply: "Community Redevelopment" or "Redevelopment" means undertakings, activities, or projects of a county, municipality, or community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment in a community redevelopment area, or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community redevelopment plan and may include the preparation of such a plan. The ability of a county or municipality to utilize the authority granted under the Act is predicated upon the adoption of a "Finding of Necessity" by the governing body. This finding must demonstrate that: (1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in the county or municipality; and, (2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. E. Atlantic Avenue -before E. Atlantic Avenue -after II. CREATION OF THE COMMUNITY REDEVELOPMENT AGENCY Upon a "Finding of Necessity" by the governing body and upon further finding that there is a need for a Community Redevelopment Agency to function in the county or municipality to carry out community redevelopment purposes, any county or municipality may create a public body corporate and politic to be known as a "Community Redevelopment Agency." The Agency shall be constituted as a public instrumentality, and the exercise by the Agency of the powers conferred by F.S. Chapter 163, Part III shall be deemed and held to be the performance of an essential public function. The City of Delray Beach City Commission established the Delray Beach Community Redevelopment Agency on June 18, 1985, with the adoption of Ordinance 46-85. The organizational structure of the agency was also established at that time. It consists of a board of seven members appointed by the City Commission. The term of office of the board members is four years. A vacancy occurring during a term is filled for the unexpired term. The provisions of Ordinance No. 46-85 have been codified in Article 8.1 of the City's Land Development Regulations. III. POWERS OF THE COMMUNITY REDEVELOPMENT AGENCY As authorized by the Community Redevelopment Act, a wide variety of powers are available to the City of Delray Beach to carry out redevelopment activities. While most of these powers may be delegated to a Community Redevelopment Agency, others may not. These powers, which continue to vest in the City Commission, are as follows: • The power to determine an area to be a slum or blighted area and to designate such an area as appropriate for community redevelopment; • The power to grant final approval to community redevelopment plans and modifications thereof; • Prior to the approval of the community redevelopment plan or approval of any modifications of the plan, the power to approve the acquisition, demolition, removal, or disposal of property and the power to assume the responsibility to bear loss; • The power to authorize the issuance of revenue bonds. The powers which the City Commission has chosen to delegate to the Delray Beach Community Redevelopment Agency under City Ordinance No. 46-85 include the following: • The power to acquire property deemed necessary for community redevelopment, except that the use of eminent domain (for public purpose) shall require specific approval from the City Commission; • The power to hold, improve, clear, or prepare any acquired property for redevelopment; • The power to dispose of property acquired within the community redevelopment area for uses in accordance with the plan; • The power to construct improvements necessary to carry out community redevelopment objectives; 2 • The power to carry out programs of repair and rehabilitation; The power to plan for and assist in the relocation of persons and businesses displaced by redevelopment activities; • The power to receive and utilize tax increment revenues to fund redevelopment activities. In 1992, the City Commission adopted City Ordinance No. 17-92 which delegated the following power to the CRA: • The powers to appropriate such funds and make such expenditures as are necessary to carry out the purposes of the Community Redevelopment Act of 1969. Other powers authorized by the Act but which the City Commission has elected not to delegate to the Agency are: The power to zone or rezone any part of the city or make exceptions from building regulations; and to enter into agreements with a housing authority, which agreements may extend over any period; The power to close, vacate, plan, or re-plan streets, roads, sidewalks, ways or other places and to plan or re-plan any part of the city. IV. THE COMMUNITY REDEVELOPMENT AREA Pursuant to State Statutes, a community redevelopment area must be a slum area, a blighted area, or an area in which there is a shortage of housing that is affordable to residents of low or moderate income, including the elderly. The City of Delray Beach Community Redevelopment Agency generally consists of the older central core of the city which had become deteriorated due to age, obsolescence, and the lack of investment. While parts of the area have been revitalized as a result of community redevelopment efforts over the years, many areas still suffer from blighted conditions. Unfortunately, a deteriorating area is self propagating, and as conditions worsen, residents and private businesses become less willing to put financial resources into the area. It is this cycle which severely limits the ability of private enterprise to stop the spread of slum and blight without public assistance. A "Finding of Necessity" for the initial 1,812 acre Delray Beach Community Redevelopment Area was adopted by City Commission Resolution No. 32-85 on May 14, 1985. A "Finding of Necessity" for an additional 103 acres, located along North Federal Highway, was adopted by City Commission Resolution No. 47-87 on November 24, 1987, and the Community Redevelopment Area was thus increased to its current size. The overall boundaries of the Community Redevelopment Area are shown graphically in Figure 1 and by legal description in Appendix "A." A copy of each "Finding of Necessity" is found in Appendix "B." In 1995, as a result of an eminent domain taking, the CRA received a favorable Appellate Court ruling in the Fourth District Court of Appeals stating the validity of the Necessity of Finding of 1985. V. THE COMMUNITY REDEVELOPMENT PLAN All public redevelopment activities expressly authorized by the Community Redevelopment Act and funded by tax increment financing must be in accordance with a 3 redevelopment plan which has been approved by the City Commission. Like the City's Comprehensive Plan, the Community Redevelopment Plan is an evolving document which must be evaluated and amended on a regular basis in order to accurately reflect changing conditions and community objectives. All redevelopment financed by tax increment revenues shall be completed no later than thirty (30) years following the adoption of this amendment to the plan. 4 PART TWO: EXISTING CONDITIONS I. GENERAL DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AREA A. Existing Land Use Existing land uses in the Community Redevelopment Area follow patterns of historical development activity, and the requirements of existing and past zoning districts. There are approximately 1,961 acres of land within the Community Redevelopment Area, including public rights-of-way. A generalized pattern of existing land use is depicted in Map H (see Appendix <<D<<~. Overall, the single largest land use within the CRA is residential. The majority of the residential development is comprised of single-family detached dwellings in older neighborhoods. Starting in the late 1990's the City began to experience a surge in new residential projects in the Central Business District. Most of these developments consisted of owner-occupied townhouse style product; however, by 2005, that trend began to diversify with rental apartments, lofts, and luxury condominium units. While some of those projects were put on hold given the recent downturn in the housing market, other projects are currently under construction, including a townhouse development that provides workforce housing units. Commercial uses within the redevelopment area have generally been clustered around the Atlantic Avenue and Federal Highway Corridors. In the Central Business District retail activities are concentrated primarily along Atlantic Avenue and N.E. 2nd Avenue (Pineapple Grove Way), while general business, office, and other commercial uses extend north and south along and adjacent to the Swinton Avenue and Federal Highway corridors. The main retail shopping and dining district extends along Atlantic Avenue between Swinton Avenue and the Atlantic Ocean. Pineapple Grove Way has historically contained more neighborhood oriented businesses such as a grocery store, drugstore and post office. However, several large scale redevelopment projects are transforming this corridor into a retail shopping and dining destination, along with more than a hundred new residential units being proposed. Another evolving commercial district is in the area of West Atlantic Avenue and NW/SW 5t" Avenue, where new ethnic restaurants and shops are emerging to serve local residents as well as the wider population. Light industrial uses can be found scattered throughout the CRA district. One small area in the southwest corner of the CRA district is zoned for light industrial uses; however, development potential is limited since it is located within a well field protection zone. Another area is concentrated along the FEC railroad corridor in the downtown. Several light industrial type uses that had previously been nonconforming became conforming in 1995 with the creation of the CBD-RC (Central Business District-Railroad Corridor) zoning district. This district defined the boundaries of the industrial area, expanded the list of permitted uses and included several special regulations dealing with overhead garage doors and outside storage. In addition, a small industrial area consisting of only a few properties exists at the north end of the CRA area, adjacent to Gulfstream Boulevard. Development potential is limited due to its small size and location adjacent to a residential area. In 1997 the City created an overlay zoning district for a portion of the General Commercial property situated on Federal Highway, between NE 14th Street, Dixie Highway, North Federal Highway, and the City's northern boundary. The district allows (under special conditions) uses such as light manufacturing, but it must be accompanied by a retail showroom component. The change in the land use regulations was a result of an in- depth study of the area and a need to allow special light industrial into the near-downtown area. 5 Institutional and Recreational land uses are located throughout the residential neighborhoods of the CRA. Among these are three public schools, numerous churches, City Hall, the Public Safety (Police) complex, the South County Courthouse, the City's Public Works complex, the library, City Tennis Center, Community Center, and several public parks (see Appendix "D", Map H.) The majority of the vacant land within the Community Redevelopment Area is in individual building lots located within existing residential neighborhoods. B. Existing Housing and Population The 2000 Census of Population and Housing indicates the Redevelopment Area contains approximately 5,724 housing units, with a resident population of approximately 15,258. A breakdown of total housing units and population by geographic sub-area is provided in Table 2-1 Part Two, Section Three of this Plan. The overall racial composition of the Community Redevelopment Area is 26.5% white, 61 % black and 12.5% other. It should be noted; however, that there is considerable variation in these percentages within different neighborhoods of the Community Redevelopment Area. C. Existing Traffic Circulation Overall, the street system within the Redevelopment Area can be summarized as a symmetrical grid. The local streets define a system of rectangular shaped blocks with the longer block dimension oriented to the north and south. Major north/south arterial roadways include SR A-1-A, US 1, and I-95. SR A-1-A is presently two (2) lanes along its entire length with turn lanes at selected points. US-1 has separate 3-lane one-way corridors for northbound and southbound travel. On-street parallel parking is provided adjacent to the outside edge of each corridor. I-95 is a major expressway forming the western boundary of Redevelopment Area. The interchange of I-95 with Atlantic Avenue establishes this location as the western entrance to the downtown area. Atlantic Avenue is one of two principal east/west arterials in Delray Beach. The western portion of this roadway is presently built as a 4-lane facility with on-street parallel parking. Traffic signals occur at every other block along this section. Within most of the central core district, the roadway narrows to a 2-lane design and virtually every intersecting roadway is signalized. Parallel parking is provided throughout much of this area. East of East 5t" Avenue (Southbound US1), Atlantic Avenue widens to a 4-lane undivided design with parallel parking. The Community Redevelopment Area's traffic circulation system also includes several collector facilities including Swinton Avenue, West 5th and 8thAvenues, East 2nd Avenue, and both North and South 1st Streets. Additionally, NE and SE 1st Street, between Swinton Avenue and US 1, operate as a downtown bypass system taking some of the traffic congestion off of Atlantic Avenue. D. Downtown Parking While on-street parking has historically and symbolically served downtown Delray Beach 6 well, off-street parking lots have been constructed to serve the additional parking needs of shoppers and employees in this area. A total of 4,388 parking spaces were noted in a 1989 study of the 25 block downtown Atlantic Avenue core. In the time since, 1,989 additional public spaces have been constructed. A study published in 2003 in connection with the Downtown Master Plan indicated a weekday shortage of nearly 680 spaces in the Central Core area, and a weekday shortage of 319 spaces in the West Atlantic area. These shortages are even more pronounced on weekend evenings, when the restaurants and entertainment venues are experiencing high volumes. In 2004, a 355-space parking garage was constructed with County, City, and CRA funds to serve the courthouse and library. There remains a need to provide additional public facilities. In December 2006, the City Commission adopted the Parking Master Plan, which provides a comprehensive approach to address the City's parking challenges. In 2007, two City parking garages were completed (Federspiel Parking Garage & Old School Square), which provide over 700 spaces to the downtown area. II. GENERAL HOUSING CONDITIONS In conjunction with the preparation of the 1996 Comprehensive Plan Evaluation and Appraisal Report (EAR), the City conducted a visual survey of its current housing stock. Residential neighborhoods were classified as to the overall appearance and condition of the structures and infrastructure (See Figure 1: Residential Neighborhood Categorization Map). The classifications and their applicable descriptions are as follows: • Stable-No apparent signs of physical or other decline; no improvement needed. • Stabilization -Appearance of minor code violations and maintenance problems; some improvement desired. • Revitalization-Evidence of decline in condition of structures and yards; increase in crime; property values stagnant or declining. • Rehabilitation-Numerous code violations; deteriorated and non-maintained structures; high level of absentee ownership; significant crime problems; large number of vacant lots. • Redevelopment-Lack of basic infrastructure; incompatible mix of land uses; numerous substandard structures and vacant lots. The CRA boundaries are shown in the shaded area on the Residential Categorization Map. It is evident from this map that the vast majority of neighborhoods designated as Revitalization, Rehabilitation, and Redevelopment are located with the CRA district. Conditions have improved in some of these neighborhoods in the time since the categories were applied, however, there remains a need for concentrated efforts to upgrade the housing stock in those areas marked as Rehabilitation and Redevelopment. Pursuant to objectives and policies contained with the Housing Element of the City's Comprehensive Plan, these areas are to receive the greatest priority in terms of capital improvements, code enforcement, housing rehabilitation assistance, and social programs. It is a major objective of the City to eliminate all substandard housing conditions within its jurisdiction. To accomplish this objective, the City and the CRA must work together to develop programs aimed at maximizing the impact of public expenditures to leverage private investment in the area. While a great deal of progress has been made by the city in eliminating the signs of deterioration, the cycle of decline is still present, particularly in the neighborhoods north and 7 south of West Atlantic Avenue, and cannot be reversed without a major effort on the part of the public sector, individual homeowners and private enterprise. Efforts are underway to address the problems created by the blighted Carver Estates public housing project and the absentee owner units, especially in the southwest neighborhood. In 1994, the City, CRA, and other organizations created a housing partnership, "The Renaissance Program," for the purpose of developing a housing program to eliminate deteriorating conditions and building new, affordable housing in these neighborhoods. This program provided more than 170 homes for first time low to moderate income homebuyers. The growth that Delray Beach has experienced in recent years has resulted from the redevelopment of the older neighborhoods as well as the influx of residents into new areas of the City. In order to provide and maintain an adequate supply of permanently affordable housing for families that work within our community, the CRA collaborated with the City and the Housing Authority to create the Delray Beach Community Land Trust (DBCLT) in 2006. The CRA has been a major sponsor of the DBCLT, providing property and funding for staffing and operations. The CRA has also purchased a number of deteriorated multi-family buildings with the intent of redeveloping and upgrading them for affordable housing purposes. Recently, construction and renovation of two of the buildings have been completed (La France Apartments and 133 NW 5t" Avenue), which will provide permanently affordable housing for elderly residents (60 years and older) as well as families. The programs are discussed more fully in Part Four of this Plan. 8 FIGURE 1: RESIDENTIAL NEIGHBORHOOD CATEGORIZATION MAP III. GEOGRAPHIC SUB-AREAS Within the Community Redevelopment Area, there are considerable variations in the degree of deterioration, land use patterns and existing socioeconomic conditions. In order to develop an effective plan which is cognizant of these variations, the CRA has been divided into eight distinct geographic sub-areas (see Figure 2) each requiring a different redevelopment strategy. In addition to addressing underlying problems and capitalizing on area opportunities, associated redevelopment strategies focus on maintaining and enhancing major assets which provide positive contributions to the redevelopment effort. Physical features, (e.g. landmarks, barriers, activity centers, etc.), within each sub-area are also considered, since they have a significant influence upon specific urban design decisions which may impact overall redevelopment strategy. The eight geographic sub-areas and their major characteristics are shown graphically in Table 2-1. Note: These sub-areas differ slightly from those included in previous versions of the CRA Plan. The neighborhoods north and south of W. Atlantic Avenue were listed as sub-area #4 -Residential Core and the industrial area at I-95 and SW 10t" Street was listed as sub-area #8 - I-95/SW 10t" Street. Since the residential area south of W. Atlantic Avenue (Southwest Neighborhood) and the industrial area are included in the Southwest Area Neighborhood Redevelopment Plan, these areas are now depicted as sub-area #8 and the residential area north of W. Atlantic Avenue is depicted as sub-area #4 -Northwest Neighborhood. TABLE 2-1: GEOGRAPHIC SUB-AREAS Sub-Areas Areas* Housing Residents** General Land Use Zoning (acres) Units** #1 Beach Area 69 510 550 Commercial/Residential CBD, CF, RM #2 Central Core 264 594 995 Commercial/Residential CBD, CBD-RC, OSSHAD, RM, CF, West Atlantic Commercial/ CBD CF OSSHAD #3 Avenue 187 491 1,116 Government/ , , , RO R-1-A RM Neighborhood Residential , , ~ Northwest 250 643 1 857 Residential R-1-A RM CF OSR Neighborhood , , , , #5 North Federal 205 363 577 Commercial/Residential CBD, GC, AC, PRD, Highway R-1-A, RL, RM Northeast R-1-A, R-1-AA, RL, #6 (Seacrest/Del-Ida) 260 804 2,066 Residential RM, CF, MIC, RO, Neighborhoods NC Light Industrial/ CBD, CBD-RC, AC, #7 Osceola Park 170 452 1,577 Commercial/ GC, CF, R-1-A, RM, Residential OSR #8 Southwest 556 1 867 6 520 Residential/ CF, LI, R-1-A, RM, Nei hborhood , , Industrial OSR TOTALS 1,961 5,724 15,258 Note: *Area calculations differ from previous CRA Plan due to changes in Sub-Area boundaries; ** Housing units & Residential counts from 2000 Census 10 FIGURE 2: GEOGRAPHIC SUBAREAS, COMMUNITY REDEVELOPMENT PLAN 11 Another significant factor in the development of effective sub-area redevelopment strategies is the participation of community members. The success or failure of stabilization and redevelopment efforts is dependent upon the level of public support. Additionally, given the limited resources available for redevelopment, coordination between public and private efforts is essential to maximize efficiency and avoid duplication. A detailed description of each of the eight geographic sub-areas of the CRA is provided below. Each description provides an overview of existing conditions, including a list of major physical features, institutions, and developments located within the sub-area. A. Sub-Area #1: "The Beach District" This sub-area, containing approximately 69 acres of land, consists of several condominiums as well as resort hotels and businesses which focus on tourist activity and the beach. The commercial area along Atlantic Avenue is, with few exceptions, limited in depth to the frontage buildings. Along SR A-1-A, business uses are limited to the Marriott Hotel on the north side of Atlantic, and a few restaurants, shops, and small hotels on the south side. With the exception of the major hotels and some older nonconforming condominium buildings, development is at or below the 48 ft. height limit. While much of the commercial space fronts directly on the street, there are other instances where the storefronts and sidewalk are separated by parking lots or large stretches of landscaping. This condition, combined with the 4-lane, no median condition of E. Atlantic Avenue in this area, make this part of the downtown less pedestrian friendly than the Central Core area. Parking is in high demand in the area and all public parking spaces are metered. Public parking is located along the major streets, as well as in two shared surface lots: one at the Marriott Hotel on A-1-A and the other off of Gleason Street that the City leases from the First Presbyterian Church. There are additional public parking lots located south of the commercial area off of A-1-A, but the hours that these lots can be used are restricted and their distance from the shops and restaurants discourages heavy usage by business patrons. However, they have been utilized for valet parking, which helps alleviate some of the parking challenges. This area has seen substantial private investment in building upgrades and expansions, with the conversion of the former Spanish River time share project to a Marriott Courtyards Hotel, renovation of the Bank of America and Waterways commercial condominium properties, construction of an upper level at Boston's restaurant, and approval of plans to replace a small shopping center with a 4-story hotel development (Seagate Hotel) at the southwest corner of Gleason Street and Atlantic Avenue. The Downtown Master Plan includes recommendations for improving pedestrian safety and increasing parking availability in the area. Maior Physical Features: • The Atlantic Ocean and the Beach to the east. • Intracoastal Waterway to the west. • Marriott and Marriott Courtyards Hotels. • First Presbyterian Church. 12 B. Sub-Area #2: "The Central Core" This sub-area, containing approximately 264 acres of land, consists of the City's central business district (CBD) and several fringe residential areas. The area, while primarily commercial in nature, contains a mix of residential, commercial and light industrial land uses. The retail/restaurant core is centered on Atlantic Avenue and Pineapple Grove Way. The maximum building height allowed in this section of the CRA is 48' except for limited areas where up to 60' is permitted by conditional use. With the exception of a few mid-rise buildings, including the office buildings in Atlantic Plaza, the Town Square office building between the Federal Highway pairs, the mixed-use and condominium buildings in the Pineapple Grove district most of the buildings within the area are one to three stories in height. The tight massing of structures, particularly along Atlantic Avenue and sections of Pineapple Grove Way, creates a solid continuous facade of buildings typically associated with older downtown areas. The architectural styles are diverse, reflecting a downtown that evolved over decades. The wide mix of businesses further reflects this diversity. From drug stores to designer wear, souvenir shops, ice-cream stores and water-view restaurants, the downtown area reflects a diversity of interests. The overall scale of the area is that of a small to a medium sized downtown which presents a strong sense of place to residents and visitors. As one of the few downtowns in South Florida to have retained its commercial focus, this area continues to serve as a true community center. Renewal and redevelopment have been an on-going activity in the downtown area for a number of years. Minor renovations and rehabilitation have been ongoing since the mid-1990's, followed by major redevelopment projects in more recent years. The Atlantic Avenue Beautification project, which upgraded the sidewalks, parking and landscaping in the Central Core area, was a major commitment by the City, CRA and DDA to revitalize the downtown business district and generate private reinvestment. Coordinated hardscape elements, such as lighting, benches and trash receptacles; specially paved widened sidewalks and street crosswalks and the street tree and landscape program make this stretch of Atlantic Avenue one of the most attractive downtown pedestrian corridors in the region. Similar beautification measures were subsequently implemented in the Beach District and West Atlantic area. The downtown area has experienced tremendous growth, much of which has been in the area of new housing. The 33-unit Courtyards project and the 22-unit Town Square development, which were built in the late 1990's, demonstrated that there was a strong pent-up demand for urban infill housing. Several other townhouse projects followed, primarily along the Federal Highway corridor, as well as the 160 unit Pineapple Village rental apartment complex. In recent years there has been a strong interest in mixed use projects that provide shops and restaurants on the ground floor and condominium units above. The new CityWalk and The Astor (former Creations site) on Pineapple Grove Way, Ocean City Lofts on NE 4t" Avenue, and The Mark on SE 2"`' Street, reflect this trend. The FEC railroad corridor runs through the Central Core district, with more than twenty freight trains traversing the area on a daily basis. Until recently the uses abutting the railroad were commercial and light industrial in nature, and many had not been renovated in decades. With the advent of construction techniques that provide significant sound buffering, several new housing projects were approved that locate residential units in close proximity to the railroad. Recently, the housing market has cooled somewhat and not all of the approved projects are moving forward to construction. Changes in the City's land development regulations enabled the increase in the density and scale that has helped the downtown to become more active and economically vital. In order to address concerns that the new development would overwhelm the traditional one and two story buildings in town, Design Guidelines were adopted to help to keep new construction 13 compatible with the downtown's historic scale. As with most traditional downtowns, street parking played the most important early role in providing convenient customer access. When the Atlantic Avenue streetscape improvements were planned, the critical importance of street parking was understood, and the parking was retained to the greatest extent possible. Increased parking demands created by the redevelopment activities, along with high property values, illustrate the importance of moving toward structured parking. In order to improve traffic circulation and enhance pedestrian safety, the Downtown Master Plan includes recommendations to change the one-way bypass system (N.E. and S.E. 1st Streets) to two way traffic, and widening of the sidewalks along the Federal Highway pairs. As of the date of this plan amendment, most of the work related to the conversion of NE/SE 1St Streets to two-way traffic has been completed. Regarding the Federal Highway pairs, it was determined that temporary modifications would be installed to study the traffic impacts and determine if the changes would create severe traffic congestion. Installation of the temporary modifications is underway. Major Physical Features: • The F.E.C. Railroad. • The Intracoastal Waterway. • Contains many historic sites/buildings including the Marina Historic District and Old School Square Cultural Arts Center. • Pineapple Grove Arts District. • Bankers Row. • Veteran's Park. • East-West traffic circulation, "the bypass system". • Federal Highway. C. Sub Area #3: "West Atlantic Avenue Neighborhood" This sub-area, containing approximately 187 acres, generally comprises cone-block (600') deep corridor on each side of Atlantic Avenue from I-95 to West 3rd Avenue. The second block of NW 5th Avenue neighborhood commercial area, located between NW 1st and NW 2nd Streets is also included in this sub-area, as well as the north half of the second block, south of SW 1St Street. Overall, the area is characterized by older deteriorating commercial uses interspersed with vacant lots and vacant buildings. Existing businesses are primarily oriented to service the immediate neighborhood located on either side of Atlantic Avenue. The rear portions of the blocks fronting on Atlantic Avenue are predominantly residential in nature with units of both single family and multiple family designs. A large number of these are of relatively poor quality and require both minor and major repairs. A redevelopment strategy was put forth for the West Atlantic area in December 1988 and met with substantial citizen opposition. The strategy recommended acquisition and redevelopment of the entire area. Since this approach did not allow for the assimilation of existing businesses and housing into the program, it would have required massive displacement and relocation of primarily minority businesses and residents. This situation was clearly unacceptable to the residents of the area. In a counter proposal presented by the West Atlantic Property Owners' Association (WAPOA), it was recommended that redevelopment of the area be accomplished on a block-by-block basis and that commercial activity be generally limited to a depth of 300 feet from Atlantic Avenue rights-of-way. This strategy was accepted by the City 14 and included within the City's Comprehensive Plan as an interim measure to guide land use decision-making prior to the creation of the West Atlantic Redevelopment Plan. In 1993, the CRA organized the first phase of the planning effort for West Atlantic by inviting numerous community members to a series of organizational meetings to discuss the concept of developing a West Atlantic Avenue Redevelopment Plan. These meetings, which were facilitated by professional planners, resulted in the organization of a larger community based Steering Committee of over 50 people. The initial charge of this Steering Committee was to develop a process and strategy for the planning effort. The Steering Committee participants referred to themselves as "Stakeholders" in the resulting process which was termed "Visions West Atlantic". "Visions West Atlantic" was a forum for a series of community meetings which ultimately produced recommendations concerning redevelopment issues for West Atlantic Avenue. These recommendations formed the backbone of the redevelopment plan, which was adopted by the City in 1995. The plan holds the commercial zoning to the 300' limit on most blocks. Building heights are limited to 48' with a preference expressed for two- and three-story buildings. A non-profit development corporation was created in 1998 called the West Atlantic Redevelopment Coalition, Inc. ("WARC"). The organization's Board consists of property owners and business owners in the West Atlantic corridor. WARC advises the CRA and the City on any matter pertaining to West Atlantic. WARC also markets and promotes the avenue by holding special events and contributing to festivals in the area through the Downtown Marketing Cooperative (DMC). In 2000 the CRA put out to bid 4.5 acres of land it had aggregated for redevelopment purposes. The successful bidder, Atlantic Grove Partners, consists of a partnership between a private development company (New Urban Communities) and two local non profit agencies (Delray CDC and TED Center). The resulting project consists of two 3-story buildings housing 20 condominium units and 46,000 sq. ft. of commercial space fronting Atlantic Avenue, with 55 townhouse units to the rear. The CRA provided subsidies so that 10 of the townhouses could be set aside for moderate income, first-time homeowners. In 2002 the City adopted the Downtown Delray Beach Master Plan. A major objective of the plan was the unification of East and West Atlantic into a seamless downtown. The plan called for the creation of a "gateway feature" at I-95 and West Atlantic to signify the entrance to the downtown at that location. It also provided for public plazas, pocket parks, and streetscape improvements along West Atlantic and NW/SW 5t" Avenues. Many facets of the plan are in the process of being implemented. In 2003 the CRA contracted with the engineering firm CH2MHill and Miami artist Gary Moore to develop a beautification plan for NW/SW 5t" Avenue. The streetscape design completed in 2006, which includes colorful rough terrazzo sidewalks and bronze inlays, was developed in concert with residents and business owners of the area, and reflects the history of the avenue and the adjacent neighborhoods. In June of 2004 the CRA contracted with the engineering firm of PBS&J and a team of local artists to design the Gateway Feature. The consultants held several workshops to obtain public input, and refined those ideas with the help of a focus group comprised of community leaders with expertise in the arts, construction, and/or design. In 2007, the design was endorsed by the CRA Board and City Commission, and final construction drawings are currently being prepared. Construction is anticipated to begin in 2009. The City and the CRA have invested substantially in the beautification of the West Atlantic Avenue corridor. In 1990, in order to improve the visual appearance of the corridor, the City developed a greenway program to landscape the vacant private lots fronting along the avenue. This program was very effective at improving the visual appearance of the corridor. 15 Additional beautification, including streetscape improvements with paver block sidewalks, landscape nodes and street lamps, were constructed in 2003 with CRA and TEA-21 funds. The initial phase improved the blocks between West 1St and 6t" Avenues. The beautification of the blocks between West 6t" and 12t" Avenues, is scheduled to begin in 2008. In addition, in 2005, the CRA purchased three blighted properties along the NW Stn Avenue corridor (82, 133 & 135 NW 5t" Avenue) with the intent to redevelop or renovate the buildings. Renovation of the building at 133 NW 5t" Avenue has been completed providing long term affordable rental housing for families. Renovation of the mixed-use building at 135 NW Stn Avenue will occur in 2008, providing long term affordable residential and commercial space. In March 2007, the RFP submitted by the Delray Beach Housing Authority was selected for the redevelopment of the property at 82 NW 5t" Avenue, which will house the authority's offices. A contract is currently being negotiated and construction is anticipated to begin in 2009. Maior Physical Features: • I-95 Interchange including landscaped mini-parks (future location of Gateway Feature). • City Administration Complex. • Delray Beach Public Library. • Fire Station Headquarters. • South County Courthouse. • City Police Headquarters. • South County Courthouse. • City Community Center. • Municipal Tennis Complex with Stadium. D. Sub Area #4:Northwest Neighborhood" This sub-area of approximately 250 acres is an area where many of the first African Americans pioneers settled. The area is primarily residential in nature containing approximately 643 dwelling units consisting largely of single family residences with some duplex and multiple family structures interspersed throughout. Building heights are limited to 35 feet but the majority of structures are single story. Overall, this area has seen an infusion of investment resulting in newer structures as well as renovations to historically significant structures. However, additional quality affordable housing and neighborhood improvements are needed. The housing stock in this area is generally in better condition than the neighborhoods in Sub-area #8 to the south. The historic West Settlers District lies between NW 3rd and NW Stn Avenues, between MLK, Jr. Boulevard and Atlantic Avenue. The CRA established the West Settlers Advisory Board to oversee planning efforts and grant activities aimed at preserving the remaining historic homes in the district. In addition, the CRA purchased the historic La France Hotel on NW 4t" Avenue to provide long term affordable senior housing. The building renovation and expansion were completed in 2007. The City and the CRA, in association with the nonprofit organization EPOCH, have restored the former home of Palm Beach County school principal Solomon D. Spady into a museum of African American history. Phase II of the museum, which includes construction of an amphitheater and renovation of a historic home to a children's activities center, is scheduled to begin in 2008. 16 In 1992, the CRA launched an affordable housing program in partnership with Palm Beach County, the City, the Community Financing Consortium, the TED Center, the Delray Beach CDC, and local builders. Through this program, The Renaissance Program, affordable single family homes were provided to income eligible first time homebuyers. The growth that Delray Beach has experienced in recent years has resulted from the redevelopment of the older neighborhoods as well as the influx of residents into new areas of the City. In order to provide and maintain an adequate supply of permanently affordable housing for families that work within the Delray Beach community, the CRA collaborated with the City and the Housing Authority to create the Delray Beach Community Land Trust (DBCLT) in 2006. Maior Physical Features: • Spady Elementary School • Pompey Park • Spady Museum • The Achievement Center for Children & Families • I-95 as western boundary E. Sub-Area #5: "North Federal Highway" This sub-area of approximately 205 acres is centered on the N. Federal Highway Corridor. The majority of the area was annexed to the City in 1988 as enclave #24. The City adopted a "Finding of Necessity" and the Community Redevelopment Area was amended in 1987 and 1989 to include most of this annexation area. The City paved streets and installed water and sewer service within the area in 1992. The remaining County enclaves, including the Delray Swap Shop, were annexed in 1994. In general, the properties fronting on Federal Highway are used for commercial purposes. For many years this frontage was utilized for strip commercial and auto-oriented uses with little sense of order. Buildings may be up to 48' in height but most development in the area is single story. Up until the mid to late 1990's there were many commercial structures that, due to age and obsolescence, were poorly maintained or abandoned, creating a negative economic impact and blighting influence on the entire area. Homes within the residential areas were generally in poor condition and undervalued compared to other eastern neighborhoods in the City. In 1996, a joint effort between the City of Delray Beach Planning Department and the CRA was launched to write a redevelopment plan for North Federal Highway. The plan called for creating a higher density (up to 18 units per acre) multi-family zoning district, an overlay district over a portion of the General Commercial which would allow, under special circumstances, light industrial uses, and a large beautification program. The residents in the area opposed the higher density components of the plan while the commercial interests largely supported it. The City and CRA revisited the plan in 1997. After a community wide planning charrette facilitated by the Treasure Coast Regional Planning Council, the provisions allowing for increased densities were eliminated, and in March of 1999 the City adopted the North Federal Highway Redevelopment Plan. In the years since the plan's adoption, several blighted buildings were demolished and/or redeveloped, including the old Miller Dodge dealership, Arrow Trailer Park, and the Delray Swap Shop, which has recently been demolished in anticipation of a mixed-use development that 17 includes a workforce housing component. Two new high-end residential developments, The Estuary and Old Palm Grove, have been constructed in the area between Federal Highway and the Intracoastal Waterway. These developments have increased the property values of the older adjacent neighborhoods, and are helping to provide a local customer base for businesses along the highway. There are still several aspects of the plan that need to be implemented, including connector streets, pocket parks, and beautification of the neighborhood streets. In February 2007, construction of the La Hacienda (pocket) Park was completed and plans are nearing completion for the beautification of Lake Avenues North and South, within the La Hacienda neighborhood. Construction is anticipated in 2008. Maior Physical Features: • Intracoastal Waterway as eastern Boundary for a part of the area. • Acts as a northern "gateway" to the city. • The F.E.C. Railroad is the western boundary for the area. • U.S. 1 runs as a "spine" through this sub-area. • Increasing residential development. • Several automobile dealers and used car lots. F. Sub-Area #6: "Northeast Neighborhood " This sub-area of approximately 260 acres is primarily situated between N.E. 2nd Avenue/Seacrest Boulevard and the F.E.C. Railway, north of 4th street. A portion of the area, located south of N.E. 8th Street is within the Del-Ida Historic District. In general, the overall sub- area is residential in nature; however, some low intensity professional office development is clustered within the southernmost portion and there is a small industrial zone located in the northeast corner. Building heights are limited to 35 feet but most development is single story. One public school (Plumosa Elementary) is located within the area; however the School District has plans to redevelop a portion of the former Atlantic High school site to accommodate an arts- related K-8 grade program, which would then replace Plumosa. Construction of aCity-funded soccer complex on the easterly portion of the former Atlantic High School site is anticipated in 2008. There are approximately 760 residential units within the area, consisting of single family, duplex and multiple family structures. Although the overall housing conditions are good, there are many structures throughout the area in need of major and minor repairs. The worst physical conditions in the area occur in several multi-family buildings on N.E 3rd Avenue, immediately adjacent to the railway. Most of the area has been identified as in need of stabilization and revitalization in the City's Comprehensive Plan. In 1997, the City Planning Department, the CRA, and two homeowner associations met over cone-year period to devise the Seacrest/Del Ida Neighborhood Redevelopment Plan. The planning effort was one in which local government and residents successfully planned together in order to create a strategy to improve their neighborhood. The Plan resulted in the pledge by the public sector (CRA and City) to expend over $2 million, and the residents, through a property assessment district, to expend $1 million, for street improvements, construction of parking lots, beautification and a grant program. Most of the improvements have been implemented, including traffic calming, landscaping of the railroad corridor, drainage improvements, parking lots, tot lot, and establishment of grant programs for duplex conversions and beautification. In order to promote owner-occupancy and stabilization of the area, several blocks were rezoned so that multi-family development would no longer be possible. 18 Maior Physical Features: • The F.E.C. Railroad. • Former Atlantic High School site. • Plumosa Elementary School. • Seacrest Christian School and Church. • Del-Ida Professional Office District. • N.E. 2nd Avenue/Seacrest Blvd. • Gulfstream Boulevard. G. Sub-Area #7: "Osceola Park" This Sub-Area of approximately 170 acres is generally situated between Federal Highway and the F.E.C. Railroad, south of the CBD. The Federal Highway frontage contains a mixture of low intensity commercial uses and auto related businesses. There is additional commercial/light industrial development adjacent to the railroad in the northwest section of the area. The central and southern portions of the area are single family residential in nature. The overall condition of housing is generally good south of SE 6th street, although there are many structures in need of maintenance and minor repairs. The northern portion of the sub-area (between SE 2nd St. and SE 5th St.) contains the structures in the poorest condition. This area has sandwiched a small area of residential development between deteriorating commercial land uses. This portion of the sub-area has been designated a redevelopment area in the City's Comprehensive Plan. Building heights are limited to 35' for the residentially zoned areas and 48'- 60' in the commercially zoned sections. In 1998, the CRA and City agreed, along with the Osceola Homeowners' Association, to create a neighborhood plan to stabilize and improve the area. The City and CRA, with a grant from the State, conducted an historic building survey. On December 6, 2004, the City adopted the Osceola Park Redevelopment Plan, which will be jointly implemented by the City and CRA. The construction drawings have been completed and construction is anticipated to begin in 2008. Maior Physical Features: • F.E.C. Railroad. • Currie Commons Park. • Federal Highway Corridor. H. Sub Area #8: "Southwest Neighborhood" This sub-area of approximately 556 acres in conjunction with the Sub-Area #4 (Northwest Neighborhood) contains the majority of the City's minority population. The area is primarily residential in nature containing approximately 1,867 dwelling units consisting primarily of single story single family residences with duplex and multiple family structures interspersed throughout, but concentrated primarily in the areas just south of Atlantic Avenue. The public school within the area is the recently completed Village Academy campus serving grades K-12. 19 Other major institutional uses include the recently renovated Catherine Strong Park, the City's Public Works Complex and the Cemetery. In addition, this Sub-area consists of a light industrial area adjacent to I-95 and SW 10t" Street (southwest corner), and two small areas zoned for office. The area immediately south of 10th Street, outside the CRA boundary, is light industrial in nature and sets the tone for this portion of 10th Street. Building heights are limited to 35' for the residentially and office zoned areas, and 48' for industrial and community facilities zoned areas. It is important to note that the light industrial portion of the sub-area is located within the impact area of the City's Series 20 well field. Any development or redevelopment in this area will be strictly regulated to ensure it does not degrade the City's potable water supply. This Sub-area was addressed in the Southwest Area Neighborhood Redevelopment Plan, acitizen-driven plan that was adopted by the City in 2003. Overall, this area contains the bulk of the older, poorer quality housing within the city. The depressed economic status of a majority of the area's residents has made it difficult to provide adequate maintenance of housing units within the neighborhood. As a result, a substantial number of structures are in need of major repairs and rehabilitation. The plan calls for the revitalization and stabilization of the neighborhoods through street beautification, housing upgrades, pocket parks, and improvements to recreational and service facilities in the area. The plan also calls for the establishment of an inventory of affordable housing to ensure that existing residents will not be priced out of the neighborhood once the redevelopment takes hold. One of the largest affordable housing developments in the City, "Auburn Trace", is located within the Southwest area. This 256 unit housing project was accomplished to provide affordable housing through a public/private cooperative effort. Another affordable housing project within the area is Allamanda Gardens, a 36 unit single family subdivision that was developed with County and City financial contributions. More recently, Swinton Gardens, an 11- unit affordable single family subdivision, was developed by the City at the northwest corner of Swinton Avenue and SW 10t', Street. The City's only public housing project, "Carver Estates" was located within the southern section of the area. This 200 unit development provided housing for the City's poorest residents for approximately two decades. However, it was found to have structural problems of such a severe nature that it would be more economical to replace the units than to repair them. In 2005, the Housing Authority issued an RFP to redevelop the property, possibly as a combined renter and owner occupied development. The proposal submitted by the owners of Auburn Trace was selected to redevelop the Carver Estates site. The proposal also includes redevelopment of the adjacent Auburn Trace site resulting in the replacement of the existing 456 units with approximately 1,000 dwelling units including over 300 workforce housing units. In 2005, the CRA began acquiring two blocks of single family properties (20 lots total) in the Carver Square subdivision, pursuant to an acquisition plan that was approved by the CRA Board. The properties were the site of a former dumping area, and most of the houses that had been constructed on the lots have experienced significant structural damage due to major settlement of the soil. The CRA's plan for the area included resident relocation, demolition of the remaining structures, remediation of the soil conditions, stabilization of the site, and construction of new single family affordable housing. Acquisition and relocation of the residents as well as demolition of the structures has been completed. Soil remediation is scheduled to be completed in 2008. 20 Maior Physical Features: • Allamanda Gardens & Carver Square Subdivisions. • Auburn Trace Housing Development. • Catherine Strong Center. • Delray Full Service Center. • Village Academy. • Carver Estates. • City Public Works Complex. • I-95 as the western boundary of the area. • Series 20 wellfield in area. • Municipal Cemetery. 21 PART THREE: ANALYSIS PROBLEMS AND NEEDS WITHIN GEOGRAPHIC SUB-AREAS The purpose of this section of the plan is to provide a list of problems and needs identified within each of the geographic sub-areas of the Community Redevelopment Area. These items are then addressed within the Community Redevelopment Plan through sub-area redevelopment strategies which include the implementation of specific programs and projects of the Community Redevelopment Agency, the City of Delray Beach or other governmental agencies operating within the Community Redevelopment Area. A. Sub Area #1: "The Beach District" Problems • Existing business mix limits the marketability of the area. • Lack of parking. • Development pattern places many businesses too far back from the street to be convenient to pedestrians. • Pedestrian safety is an issue, especially at the intersection of A-1-A and Atlantic Avenue. Needs • Increase potential for new mixed-use commercial development that fronts the street. • Increase nighttime activity (i.e. theatre, entertainment) beyond dinner. • Coordinated marketing strategy for Beach Area, Central Core and West Atlantic Area. • Increased economic stimulation through private investment. • Improved public transportation system, including the downtown shuttle. • More parking to accommodate the increase in business and residential use. • Improvements to the pedestrian system to enhance public safety. B. Sub-Area #2: "Central Core" Problems • Lack of user friendly parking system. • US1 corridor designed for speeds that are too high for downtown area, and it lacks aesthetic appeal. • Downtown bypass system of one-way pairs impedes convenient traffic flow. • Business mix does not include large scale employers. 22 Needs • Improved mass transit system. • More parking and parking that is better located to serve all areas. • Traffic calming and beautification on Federal Highway pairs. • Conversion of one-way bypass pairs (SE and NE 1St Streets) to two-way traffic. • Mix of uses that include more office and retail uses to attract an employment base and shoppers. • Expand employment opportunities to include larger-scale employers. C. Sub-Area #3: "West Atlantic Avenue Neighborhood" Problems • Some areas along West Atlantic Avenue (frontage) present a poor visual image. • The area is seen as neglected by the residents. • Lack of substantial private investment in new development in the area. • Area contains vacant and under-utilized property. • Insufficient number of shops and services to serve the surrounding neighborhood. • Lack of employment base in close proximity to residents. • Perceived high crime rate on West Atlantic Avenue is a deterrent to shoppers, tenants, and investors. • Some buildings sited as strip commercial and have curb cuts on West Atlantic Avenue. Needs • Provide a positive image at this entrance to the city center. • Foster positive attitudes toward redevelopment efforts through continued incorporation of maximum citizen participation into the planning process. • Provide employment opportunities for the residents of surrounding neighborhoods. • Provide for increased opportunities for minority business ownership in the area. • Provide for adequate neighborhood commercial shopping opportunities for the surrounding neighborhoods. • Increase pedestrian activity. • Have housing and mixed-use buildings to provide new consumers to the area • Improve the pedestrian relationship of the Courthouse with other uses on West Atlantic Avenue. • Continued beautification of West Atlantic Avenue and side streets. 23 D. Sub-Area #4: "Northwest Neighborhood" Problems • A substantial number of housing units are in need of repair and rehabilitation. • Title issues prevent the purchase and redevelopment of a number of vacant lots within the area. • Parts of the overall area are visually blighted. • There is considerable trash and debris on both vacant lots and occupied property within the area, especially within the blocks closest to Atlantic Avenue. • Landscaping is insufficient and not well maintained. • Lack of sidewalks prevents linkage to commercial area. • Poor maintenance of rental properties creates blighted appearance and code enforcement issues. • Escalating land values have decreased the supply of affordable housing. Needs • New housing construction is needed to eliminate the large number of vacant lots within the area. • Existing good-quality affordable housing needs to be protected. • The area needs additional landscaping and better maintenance of existing landscaping. • Additional sidewalks are needed to keep people, (especially children), from walking in the street and to enable residents to walk to work and shopping. • Pocket parks should be provided. • Financial assistance should be made available to assist in the renovations and upgrades of buildings. • Alleys should be paved when possible to discourage back-out parking onto streets. E. Sub-Area #5: "North Federal Highway" Problems • Large vacant tracts, vacant buildings, and marginal businesses detract from the overall appearance. • Housing in the neighborhoods off of Federal Highway is in need of maintenance and upgrades. • Neighborhoods are in need of signage and streetscape enhancements. • Limited roadway connections between Federal and Dixie Highways. 24 Needs • Continue to improve the visual appearance of the corridor. • Need to stabilize the residential neighborhoods to prevent further deterioration. • Need to improve overall condition of older housing stock. • Need to upgrade commercial development to existing code standards. • Need to beautify George Bush Blvd./US1 intersection. • Additional street connection between Federal and Dixie Highways. F. Sub-Area #6: "Seacrest/Del-Ida Neighborhoods" Problems • Some rental housing structures throughout the area still require maintenance and repairs due to their poor condition. Needs • The area needs support in its continued effort to maintain private investment. • The area needs to be protected from decline due to lack of maintenance and repair. • Rental property is in need of improvement. • Home ownership efforts must be encouraged. G. Sub-Area #7: "Osceola Park" Problems • Northern portion of the area contains residential properties sandwiched between commercial land uses. • Light industrial uses consist primarily of low investment, high turnover businesses. • Many structures within the area are in need of maintenance and repair. • Much of the area is located within a well field protection zone which limits the type of commercial and industrial redevelopment. • The area has lost its stature as a quality housing area. • The area is significantly impacted by cut through traffic as motorists look to bypass downtown traffic. Needs • Area needs to be protected from further decline due to blighting influences and lack of maintenance and repair. • City's eastern water well field needs to be protected. 25 • Federal Highway corridor needs to be beautified as the southern approach to the downtown. • Area needs higher proportion of owner occupancy. • Area is in need of traffic calming efforts. • Alleys should be paved to improve traffic circulation and access. H. Sub-Area #8: "Southwest Neighborhood" Problems • A substantial number of housing units are in need of repair and rehabilitation. • Public housing project (Carver Estates) needs to be replaced. • Title issues prevent the purchase and redevelopment of a number of vacant lots within the area. • Parts of the area are visually blighted. • There is considerable trash and debris on both vacant lots and occupied property within the area, especially on the blocks closest to Atlantic Avenue. • Network of streets and alleys is not complete and some roadways are in need of repair. • Back-out parking onto streets creates a traffic hazard. • Landscaping is insufficient and not well maintained. • Lack of sidewalks prevents linkage to commercial area. • Some areas lack drainage. • Poor maintenance of rental properties creates blighted appearance and code enforcement issues. • Escalating land values have increased the pressure to create affordable housing. • Southwest portion of the area is located within a well field protection zone which limits the type of commercial and industrial redevelopment. • Much of the light industrial development is not built to current development standards. • Substantial amount of trash and debris within the vacant property and industrial area. • Landscaping in the industrial portion of the area is insufficient. Needs • New housing construction is needed to eliminate the large number of vacant lots within the area. • Existing good-quality affordable housing needs to be protected. • The area needs additional landscaping and better maintenance of existing landscaping. 26 • Additional sidewalks are needed to keep people, (especially children), from walking in the street and to enable residents to walk to work and shopping. • Pocket parks should be provided. • Financial assistance should be made available to assist in the renovations and upgrades of buildings. • Alleys should be paved when possible to discourage back-out parking onto streets. • Need to protect the city's water wells. • Need to upgrade and maintain the existing light industrial. • Improved code enforcement. II. OVERALL NEEDS WITHIN THE COMMUNITY REDEVELOPMENT AREA As opposed to specific needs identified within the various sub-areas of the Community Redevelopment Area, these "Overall Needs" are area wide in scope and encompass some of the more serious problems that are prevalent throughout the area and contribute to the overall state of decline. A. Removal of Slum and Blight The Community Redevelopment Area contains a substantial number of areas with deteriorated and deteriorating structures that are a detriment to the health, safety or welfare of area residents. The existence of these slum and blighted conditions contribute to the spread of disease and crime, decrease the tax base and substantially impair or hinder sound growth. The major charge of the Community Redevelopment Agency is the consistent removal of these conditions while subsequently preserving and enhancing the tax base of the Community Redevelopment Area. The CRA continues to acquire blighted properties and assemble properties to encourage their redevelopment, primarily by the private sector. The CRA has issued Requests for Proposals (RFPs) to sell properties it has acquired for redevelopment purposes, resulting in new commercial and housing opportunities in the district. The CRA has also purchased blighted residential buildings and upgraded them for use as long term affordable housing units. The CRA has also provided financial incentives to encourage upgrades to existing properties. In 1990, the CRA initiated the Subsidized Loan Program as an impetus for both residential and commercial improvements throughout the district. The program subsidized the interest paid by property owners who borrowed money from local financial institutions to improve their properties. The program was eventually discontinued and replaced by other programs that provide direct assistance for property upgrades, such as the Site Assistance Program, the Facade Improvement Program, the Paint-Up Program, and the Curb Appeal Program, all of which have helped to stimulate private reinvestment in structures within the district. B. Land Use Delray Beach is primarily a residential community. Land uses within the City should be balanced so that the commercial, recreational and public service needs of its residents can be conveniently provided within the community. The Community Redevelopment Area contains a concentration of the city's poorer, less mobile populations, who are very dependent upon 27 convenience, commercial and recreational facilities within their neighborhoods. There is a potential for redevelopment efforts to eliminate some of these facilities in favor of higher cost development. Several of the area-wide and neighborhood plans that have been adopted within the CRA district reinforce the importance of attracting neighborhood businesses and services in close proximity to the residential areas. The CRA is committed to implementing those plans and the direction in order to ensure that adequate facilities remain available to meet the needs of area residents. This will be accomplished through incentive programs that encourage small business development, provide capital for job creation, and make funds available for renovating or expanding neighborhood businesses. The CRA is also making a substantial investment in street beautification and lighting to help attract customers to the redevelopment areas. At the same time, in order to strengthen the residential areas, the CRA is committed to implementing the projects outlined in many of the adopted neighborhood plans, such as street beautification, affordable housing programs, and traffic calming measures. C. Economic Development The city's survival as a governmental entity is dependent upon the generation of adequate tax revenues to meet the service needs of its residents. Projects that increase the overall marketability of the city as a commercial, recreational and residential area will ultimately increase the tax base. Slum and blight have a negative impact on the tax base of the city and are self- propagating. Although there is often a tendency to focus on individual redevelopment projects at the expense of resolving underlying problems in order to set the stage for redevelopment, the existing and planned CRA projects and programs stress the importance of both. The success of this community redevelopment effort is largely dependent upon the economic vitality of the area. The CRA's programs aimed at the elimination of slum and blighted conditions and improving the standard of living of its residents are intended to be catalysts for the revitalization of the entire area. Additional projects aimed at increasing job growth and generating pedestrian activity in the downtown complement the process by focusing on some of the underlying problems that originally resulted in slum and blighted conditions. The CRA is committed to promoting economic development activities through its business development and site improvement grants, land assembly efforts which make larger sites available for redevelopment purposes, and support of Chamber of Commerce and DDA programs such as the cluster study and business recruitment program. D. Affordable Housing In today's economic climate, a major problem for local government is the provision of sufficient affordable housing to meet the needs of its current and projected population. In general, the housing delivery system is driven by the private sector, which is a market driven system. The South Florida area has become an increasingly popular destination and the strong demand for housing has driven prices significantly upward, so that every city in Palm Beach County is struggling with the affordability issue. While the market has softened in recent months, prices are still beyond the reach of many households. Pressure remains on government to ensure that there is an adequate supply of housing to serve people of limited means. Local government can have an effect on the housing delivery process in a number of ways, such as by maintaining an adequate supply of buildable land, providing incentives and density bonuses to builders who create affordable housing, participating in the costs of infrastructure, reducing impact and other fees, or by taking an active role through actual construction and sale of housing units. 28 In conjunction with the adoption of the Downtown Master Plan the CRA examined the issue of housing affordability with a citizen's committee that was charged with researching possible alternatives and programs. The committee's priority recommendation to help mitigate the pressure on housing prices was the establishment of a Community Land Trust (CLT) which would keep the resale cost of units owned by the trust below market value. The CRA hired a consultant in CLTs to help establish one locally, and worked with the City, the Delray Beach Housing Authority, and community leaders to establish the Delray Beach Community Land Trust (DBCLT). The CRA provides operating funds to the DBCLT, and both the CRA and City have donated land to the program for new, long-term affordable housing. The CRA also worked with City staff and officials to create the Family Workforce Housing Ordinance, which provides density bonuses to developers who provide affordable housing. The role of the CRA in this process has been and will continue to be one of active participation. Through programs that improve the overall area, provide financial opportunities to area residents to improve their living conditions, or by creating incentives for additional private investment in the area, the CRA has encouraged the improvement of existing housing throughout the district as well as the creation of new affordable units. E. Downtown Housing The survival of retail in the downtown is directly linked to the number of local consumers supporting the market. Downtown housing comes in different forms, single-family housing, town homes, apartments, and condominiums. Successfully renewed downtowns have the important element of housing, particularly housing for young professionals, young retirees, and downtown employees. These residents become strong supporters of local businesses and, in turn, local businesses are able to improve and expand their goods and services. In recent years the downtown has seen a surge in growth in downtown housing projects, which has begun to address the lack of this important downtown element. The CRA has supported changes in the City's Land Development Regulations which have encouraged the establishment of new residential housing in the CBD areas. In addition, downtown housing was a major component in two redevelopment projects that were part of CRA-issued RFPs: Worthing Place and Atlantic Grove. Continued growth in downtown housing will help ensure that a strong downtown providing varied products and services can be enjoyed by all of the residents of the City. These improvements will provide the stimulus and sustainability that the downtown needs to maintain its vitality. Town Square 29 Atlantic Grove F. Infrastructure The provision of support infrastructure and community services is primarily the responsibility of the City. However, the CRA has committed to funding part or all of several infrastructure projects that are called for in many of the adopted redevelopment and neighborhood plans. These improvements include modifications to the traffic circulation system, pedestrian safety enhancements, streetscape projects, and the provision of parking. Parking is an important infrastructure improvement that is a requirement for successful downtowns. Other infrastructure improvements may be used by the CRA as incentives to secure private sector redevelopment. G. Recreation and Cultural Facilities The CRA is involved in numerous projects that will expand and enhance recreation and cultural facilities in the district. The CRA facilitated the expansion of the Old School Square campus onto the parking lot that the agency previously owned, and participated in funding the construction of the parking garage to replace the spaces in the lot. The CRA also committed to funding some of Old School`s operational costs, in order to ensure that the facility can keep user fees low for nonprofits and community groups. The CRA has also committed substantial funding to establish the S.D. Spady Cultural Arts Museum (photo to the left), which focuses on the history of African Americans in South Florida. The CRA also provides ongoing administrative assistance to the museum to provide programs and exhibits that attract visitors to this redeveloping area of NW 5t" Avenue. The CRA helped pay off debt service for the establishment of the tennis stadium at the downtown Tennis Center. This facility has hosted major tournaments and generated a great deal of economic activity for downtown restaurants, shops, and hotels. The CRA also contributed funding for the establishment of the new public library in the 100 block of the south side of West Atlantic Avenue. The relocation of this facility to West Atlantic area has been a major catalyst to the redevelopment of the western edge of the downtown, as it attracts more people and activities to venture west of Swinton Avenue. The library is run by a nonprofit board and depends heavily on public funds and private donations. Recent reductions in property tax revenues led the City to cut back on its funding, and the library proposed significant reductions in operating hours and services to adjust to the shortfall. In order to ensure that the facility maintains its former level of activity the CRA agreed to provide the additional funding that is needed for ongoing operations. The CRA is also working with the City on the provision of pocket parks and public plazas as called for in the Downtown Master Plan and the Southwest Neighborhood Plan. These facilities, along with the planned recreational program identified the City's recreation master plan, will be adequate to meet the needs of area residents. III. MARKET CONDITIONS AND DEVELOPMENT POTENTIAL Between 1990 and 2000, Palm Beach County experienced a growth rate of 31.1 % with a net population increase of 267,800 people. In addition to the resident population of 1,131,184 people, an additional 123,725 people make Palm Beach County a seasonal destination. Delray Beach grew 27.2% from 1990 to 2000, adding almost 13,000 to its ranks to swell past the 60,000 mark. By 2005 the population was close to 65,000. It is estimated that an additional 7,600 people call Delray Beach "home" seasonally. As the downtown continues with its physical 30 improvements and business expansion programs, the district is expected to draw increasing numbers of visitors. Palm Beach County reported increasing visitor expenditures in 1999-2000 from $1.5 billion to $1.54 billion. During these years, there were 4.3 million visitors to the county. East Delray Beach, (east of I-95) is expected to grow as older areas of the City of Delray Beach continue to be redeveloped. The "eastward ho" movement is also still alive and well as more and more of the downtown development is geared toward an urban setting with urban amenities. The live, work, play model has become increasingly popular, replacing the suburban model which is reflective of an earlier time. Delray Beach's community visioning processes of the 1980's and 1990's helped to encourage that trend to take hold in the downtown, and was further reinforced in the 2002 Downtown Delray Beach Master Plan. A. Office Potential The demand for office space is related to the creation of new businesses as well as to the desire among existing expanding businesses to "move-up" to newer or better office space. A market for large scale office space has been slow to develop within the CRA District, particularly the downtown area. A market does exist within the CRA district for smaller professional office space to serve legal, medical, financial, real estate, computer technology, and related businesses. Due in part to the large retirement population east of the Intracoastal Waterway demand for medical office space within the Community Redevelopment Area has been fairly strong. Similarly, there is also a demand for other professional office space including legal offices. Such users prefer smaller scale personalized and affordable buildings prevalent in mixed-use downtown areas. A number of historic residential structures in the OSSHAD and Del- Ida historic districts have been renovated and converted to office uses. The South County Courthouse is currently undergoing an expansion that will nearly double its size and may increase the possibility for jury trials to be held in the area. This would lead to a greater market potential for legal office space, particularly in the West Atlantic Avenue area. B. Hotel Development Potential Within the Community Redevelopment Area the largest and most modern hotel is the 250 room Marriott Hotel on the northwest corner of Atlantic Avenue and Ocean Boulevard. At present, the market for this hotel is balanced with business travelers and tourists. Other hotels in the area include the Courtyards by Marriott, the historic Colony Hotel, Crane's Beach House, and the Sundy House, all of which account for an additional 231 hotel rooms. Redevelopment efforts within the downtown area, aimed at increasing the tourism potential, have resulted in a demand for additional hotel rooms. New hotels under construction or in the planning stages include the Seagate Hotel which is being relocated from A-1-A to East Atlantic Avenue, as well as a new hotel to be located on SE 5t" Avenue on property owned by the CRA and City (known as the Old Library Site). C. Industrial Development Potential When the City of Delray Beach was founded, a major means for the shipment of goods to and from northern markets was the railroad. Hence, the Central Business District of the City logically developed around the railroad line. The railroad is not; however, without its negative impacts (e.g. noise, & vibration), particularly on low intensity development. The City formed the CBD Industrial Area Committee in 1994 to evaluate the problem and recommend a solution. 31 Data was collected for the area including land use, building areas, existing parking, and employment. Based upon the data and upon the characteristics of the area, the committee developed a new zoning district, entitled Central Business District-Railroad Corridor (CDB-RC). This district, established in 1995, more accurately defines the boundaries of the area, expands the list of permitted uses and includes several special regulations dealing with overhead garage doors and outside storage. It is noted that in recent years several residential projects were established in proximity to the railroad, replacing the former light industrial type uses. With new soundproofing technologies the noise from the trains is no longer a significant deterrent to people considering an apartment or condominium near the tracks. Another area of the CRA which has the potential for additional industrial development is the Interstate 95/SW 10th Street area. This area, located in the southwest corner of the Community Redevelopment Area, contains a mix of light industrial and commercial land uses together with a large cemetery and a single family residential neighborhood. It is important to note; however, that the proximity of the City's Series 20 Wellfield makes it imperative that development of this area be restricted to clean industries which are non-impacting on the wellfield. A third area in which industrial development may be a potential is the area on North Federal Highway bounded by NE 14th Street on the south, Dixie Highway on the west, Federal Highway on the east, and the City limit line shared with Boynton Beach on the north. The area, zoned General Commercial, was granted an overlay district in 1997 by the City Commission which allows light industrial uses if the user includes a showroom facing Federal Highway. D. Residential Development Potential Key opportunities for housing development relate to the availability of vacant land parcels within the older residential neighborhood. Additional opportunities still exist for private development of both subsidized and non-subsidized infill housing. Changes in the Comprehensive Plan relating to density offer new residential housing opportunities in some of the City's more distressed neighborhoods. The Southwest Neighborhood Plan recommended a series of changes to the regulations to allow increased densities for affordable housing, most of which have been implemented. In addition to the need for housing to serve the needs of low-moderate income households, there is also an opportunity to attract younger upwardly mobile households within and adjacent to a revitalizing downtown area. The high occupancy rates of multi-family residential units in such locations as Coconut Grove, South Beach (Miami Beach), and Mizner Park, as well as the popularity of the Atlantic Grove project on West Atlantic Avenue and various town home projects on North and South Federal Highway, indicate that a segment of the market at a wide range of prices is attracted to residential environments that combine housing and commercial uses in a "village-like" ambiance. E. Retail Potential /Downtown Market Study In order to better assess the potential for commercial and residential growth in the downtown area, a market analysis was commissioned as part of the Downtown Plan. The study was conducted by Marketek, Inc. of Atlanta, Georgia. Marketek had prepared similar studies for the City's West Atlantic and Pineapple Grove districts in the mid-1990s. The Downtown Plan study included those areas, as well as the Central Core and the Beach Business districts. In 2005 the Downtown Development Authority contracted with H. Blount Hunter Research for a study (funded partly by the CRA) to refine the market analysis with the development of a retail 32 strategy for the various "clusters" in the downtown. The following information is derived from those market studies. Delray Beach has drawn upon its artistic characteristics and charm to attract retail establishments offering a more "holistic" shopping experience. Customers are offered a charming shopping experience, unhurried, and un-hassled as they stroll the avenue seeking unique items for gifts or their own personal use. The market for luxury goods continues to grow at unbridled rates. Delray Beach retailers continue to be leaders in this segment of the market. Shoppers seeking specialty items reflecting either cutting edge trends or just old fashioned service find Delray popular as a stand alone shopping region. Shoppers drawn to Delray Beach come from throughout the tri-county area seeking the city as a "destination" shopping area. A critical component of the continued economic revitalization of downtown Delray Beach is the creation of a unified district with complementary businesses that benefit from each other's sales, customers and markets. The primary vehicle for developing unified groups of stores and businesses is clustering -creating mutual advantages in terms of pedestrian flow and shared markets between businesses. Educating business owners, property owners and real estate professionals about the importance of using this management tool is critical. Underlying a successful cluster plan for the study area are the assumptions that downtown will remain amixed-use business district and that critical to its success will be increasing the number and variety of business types that will appeal to and attract target markets. First-floor space should be reserved for retail and related service businesses. Prime retail apace should be identified and reserved for restaurants, retail and related service businesses. Office and residential uses should be located in upper-level space or on side streets near retail corridors. Unique, specialty merchandise should be the focus of retail expansion for the downtown district. In particular, a range of merchandise that appeals to multiple customer markets (visitors, local residents and daytime workers) will have the greatest long-term viability. The Downtown Delray Beach area has been defined into eight clusters. Redevelopment opportunities are identified for each of the eight clusters based on existing uses and attractions, identifiable linkages among existing businesses, potential pedestrian flow and business opportunities identified through the retail and residential market analysis. CLUSTER 1 -WEST ATLANTIC COMMUNITY CLUSTER West Atlantic corridor from I-95 to NW/SW 6t" Avenue, between NW and SW 1St Streets. Entering downtown Delray Beach from I-95, Cluster 1 provides the first glimpses of downtown. Aesthetically, the portion of West Atlantic Avenue within Cluster 1 lacks appeal. Large tracts of vacant land, vacant buildings, unkempt storefronts, afour-lane road, inconsistent sidewalks, wide parking lanes and an unrelated mix of businesses inhibit the district's drawing power. Major businesses within this area include numerous beauty-related (barber, stylist, nails), auto-related (gas stations, body repair/paint), convenience stores, a meat market and a funeral home. Few West Atlantic residents interviewed for the Marketek study indicated that they regularly shop or conduct businesses at these establishments due to a lack of selection/quality of goods and services. As part of the West Atlantic Beautification project, NW 2nd through NW 6t" Avenue was improved with widened paver brick sidewalks, landscape nodes and street lighting. This project is to be continued from NW 6t" Avenue through NW 12t" Avenue in 2005 and 2006. As the primary gateway to Delray Beach, Cluster 1 offers visitors their first impression of downtown Delray Beach. It is crucial that this portion of West Atlantic Avenue be redeveloped 33 to give visitors-especially those traveling along I-95-a reason to enter downtown. A "Gateway" is currently being designed that would welcome visitors to the city and create a sense that there is a community or "village" ahead. New landscaping, lighting and sidewalks will provide aesthetic appeal and reduce the emphasis on the automobile. Apart from serving as an attractive gateway to downtown, Cluster 1 is ideally located to act as a community retail center with a mix of businesses that serve the needs of residents of neighborhoods to the north and south as well as other downtown residents. A variety of affordable goods and services targeted to residents as opposed to tourists are greatly needed in the area as well as entertainment options, especially for youths. The scale of new construction, fast moving traffic and displacement of existing businesses and residents are major concerns and should therefore be considered throughout the redevelopment process. Focusing on existing conditions and the expressed needs of the surrounding community, the retail strategy for Cluster 1 is summarized as follows: • Generate contemporary retail space with a mixed use development plan. • Focus on providing basic consumer goods and services for adjacent neighborhoods (i.e. small format grocery store, drugstore, bank). • Seek entrepreneurial services and retailers offering general merchandise targeting immediate neighborhoods. • Retain commercial corridor uses that are appropriate for this "gateway" location near I-95. CLUSTER 2 -TRANSITION CLUSTER West Atlantic corridor from NW 6th Avenue to Swinton Avenue. Cluster 2 is suitably named the "Transition Cluster" as development pushes westward from East Atlantic Avenue. West Atlantic Avenue, especially the area closest to Swinton Avenue, is the logical choice for expansion as space becomes increasingly scarce along East Atlantic Avenue. Access to I-95 and multiple target markets (e.g., daytime government workers, nearby residents) make Cluster 2 ideal for redevelopment. Many of Delray Beach's institutional anchors are located in Cluster 2, including the fire station, police station, library, courthouse and City Hall, as well as the Tennis Center, which is one of the city's major recreational anchors. As in Cluster 1, this portion of West Atlantic Avenue is not a compact shopping district with businesses scattered along the Avenue separated by parking lots and vacant lots. Apart from institutional anchors, West Atlantic businesses between NW/SW 6t" Avenue and Swinton Avenue include national chains (Dunkin Donuts, Checkers), restaurants (Ziree's, Sake Room, Doc's All American), offices and services. The construction of Atlantic Grove in 2004 (photo below) between NW 3"' Avenue and NW 5t" Avenue has helped to tie this cluster together. Atlantic Grove provides two solid blocks of first floor businesses that are a mix of restaurants, retail and service establishments accompanied by second floor professional space. The third floor loft residences and 55 townhomes at the rear provide a start at developing a downtown urban consumer base in this area. A mixed-use development on the southwest corner of Swinton Avenue and West Atlantic Avenue and the new public library adjacent to the courthouse between SW 1St and SW 2nd Avenue on West Atlantic Avenue help to tie 34 East Atlantic and West Atlantic together. To the north of West Atlantic Avenue between NW 3rd Street and NW 5t" Street is the West Settlers District, the area within which many of the African American families who helped settle Delray Beach lived. The S.D. Spady Cultural Arts Museum, the former home of S.D. Spady who was one of Delray Beach's most prominent African American citizens, is located on NW 5t" Street. The West Settlers District has become the center of African American cultural heritage in Delray Beach. As an area in transition, new development is already occurring within Cluster 2. However, infill space and marginal structures offer strong redevelopment opportunities. New residential and retail development, a growing awareness of the African American experience in Delray Beach and employees and visitors of institutional anchors make this area increasingly attractive to developers. Streetscape improvements, including paver brick sidewalks, street lighting and landscaping, and traffic calming measures have played and will continue to play a key role in transforming this area. The intersection of NW/SW 5th Avenue and West Atlantic Avenue is well located to act as the center of the West Atlantic community. The S.D. Spady Cultural Arts Museum, a new unique streetscape on NW/SW 5t" Avenue, a proposed public plaza at West Atlantic Avenue and SW 5t" and the Atlantic Grove project act together to create ideal conditions to spur new development and expand upon the community's cultural heritage theme. Due to its proximity to employees (e.g., government), surrounding neighborhoods, visitors of recreational and institutional anchors and "spill over" customers from Cluster 4 (many of whom are tourists), Cluster 2 can attract multiple markets. The retail strategy for this cluster is as follows: • Continue adding services and food uses in mixed-use buildings to serve nearby residents, employees, and patrons of institutions in this cluster. Anticipate additional demand for take-out food and casual cafes generated by office workers and patrons of nearby government buildings. CLUSTER 3 -PINEAPPLE GROVE CLUSTER Generally bounded by NW 1St Avenue on the west, the FEC Railroad on the east, NE 4t" Street on the north and the east/west alley just north of E. Atlantic Avenue on the south. Pineapple Grove is developing its own identity as an entertainment and cultural district, separate from Atlantic Avenue. The western portion of Cluster 3 (west of Pineapple Grove Way) has a strong residential character. Historic bungalows are scattered along the streets, some of which are being occupied as office space. Located in the center of the cluster and running north/south, Pineapple Grove Way is the commercial center of the cluster with a mix of convenience goods/services, specialty stores, restaurants and cultural activities. Former strip centers with parking along the street have been redeveloped into new urban style mixed use projects with storefronts facing the sidewalk and surface or structured parking located to the rear. The new public parking garage at Pineapple Grove Way and NE 1St Street provides ground floor commercial space along the streets and more than 500 public parking spaces. Entering Pineapple Grove Way from East Atlantic Avenue, visitors are greeted with a sign arching 35 over the street welcoming them to the community. Shortly beyond the welcome sign is the Ocean City Lumber Company, a development with a mix of office, retail and entertainment uses located on the east side of the street. The Lumber Company complex is an exemplary development that not only offers a variety of merchandise types and services (e.g., restaurants, music, photographic center, art gallery, Meisner Electric Company) but green space incorporated into the project is available for community events. Architecturally the project builds on one of the community's most significant historic themes -the railroad, and has provided a temporary site for the former FEC railroad station North on Pineapple Grove Way is a mix of established and new businesses, including the new City Place mixed use development, several restaurants, and a townhouse development under construction on the site of the former Publix Shopping Center. The retail strategy for Cluster 3 is described below: • Promote Pineapple Grove as a high profile destination. • Emphasize specialty boutiques and restaurants. • Emphasize a merchandising theme such as home/interior design. • Consider office uses on the ground floor of the new garage. • Create storefronts at strategic locations (corners, near building entrances, etc.) and allow some non-retail on ground floor (i.e. at the new garage) to avoid a glut of marginal retail space. • Encourage services on ground floor of mixed use buildings, as a convenience to residents. CLUSTER 4 -ENTERTAINMENT CLUSTER Includes properties fronting on E. Atlantic Avenue from Swinton Avenue to NE/SE 5th Avenue. Many of the businesses that contribute to Delray Beach's growing reputation as an entertainment center are concentrated in this cluster. In terms of density, aesthetics and quality of businesses, the transition from W. Atlantic Avenue to East Atlantic Ave. is immediate once crossing Swinton Ave where the road narrows to two lanes. The area is a walkable, compact shopping and entertainment district lined with sidewalk cafes, shops, service and office uses. The strong mix of retail and restaurants has created the winning formula for this area. Automobile traffic is congested throughout most of the year, intensified by the railroad crossing and drawbridge. The new parking garages surrounding this cluster should help alleviate this problem. The northwestern edge of this area is anchored by Old School Square, one of the community's most significant cultural resources. While several of the restaurants/cafes within Cluster 4 are oriented more toward tourists/seasonal residents and greater market area residents, rather than residents that live in the area immediately surrounding downtown, they have greatly contributed to the downtown's revitalization. Attracting casual lunch spots and specialty merchandise catering to multiple target groups (e.g.. tourists, year round/seasonal residents, downtown employees) would help promote daytime traffic in Cluster 4. The marketing strategy for this cluster is summarized as follows: 36 • Define this zone as the downtown's "high priority urban retail zone" to trigger specific attract "comparison goods" retailers to this part of the downtown. Broaden the mix of uses with hard goods and apparel (jewelry, luggage, books, etc). • Continue the theme of art and galleries without adding new restaurants -consider an arts walk. • Restrict ground floor uses to dining and active retail - no office uses. CLUSTER 5 - OSCEOLA PARK CLUSTER Generally bounded by the east/west alley south of E. Atlantic Avenue on the north, Swinton and SE 1St Avenues to the west, SE 4t" Street to the south, and the Intracoastal Waterway and SE 7t" Avenue to the east. Just south of Delray's most vibrant entertainment area, the Osceola Park Cluster is a mix of uses, with predominately office and retail uses in the northern half of the cluster and light industrial and residential uses in the southern half. Within the northern half of the cluster, commercial development from East Atlantic Avenue generally spills over at least to SE 2nd St. East of the railroad, the connection between East Atlantic Avenue and the area immediately to the south is stronger with a variety of retail and business services. The development of the Courtyards of Delray Beach and the proposed Worthing Place has fueled additional development in the surrounding area. The influence of the Haitian American community in Cluster 5 is evidenced by a variety of Haitian owned or operated retail, service and community establishment. Cluster 5 has several infill opportunities, particularly along SE 1St Avenue and SE 6t" Ave., including the CRA and City-owned properties at the former location of the library. One of the greatest weaknesses of the cluster is that it is not pedestrian friendly, especially along the one-way Federal Highway pairs. Also, the area surrounding the railroad is currently underutilized and visually distracting, although some new mixed use developments have recently been proposed and/or constructed in these areas. Residential development is ideally suited for much of the area two blocks south of East Atlantic Avenue. Positioned next to proposed shopping and entertainment uses, residents could easily walk to restaurants, stores, nightclubs, cultural activities, the Intracoastal and the beach. Retail and service uses that are related to businesses along East Atlantic Ave will help pull shoppers southward as well as serve residents of new housing in the area. Vacant land next to the railroad on SE 3rd Avenue is highly visible and should be redeveloped. In the southern portion of the cluster, which is more removed from Atlantic Avenue, recruitment efforts should focus on attracting stores that will act as "destination businesses," particularly along the Federal Highway pairs and should focus on building upon businesses already in the area. The retail strategy for this cluster includes: • Capitalize on the opportunity to redevelop the former library site with a mixed use development that includes retail and additional public parking. • Top retail use categories are women's and men's apparel, shoes, children's clothes and jewelry. • Professional office and residential uses. • Seek an entertainment venue such as cinemas or live music venues. 37 CLUSTER 6 -WEST OF THE INTRACOASTAL CLUSTER Includes properties fronting on E. Atlantic Avenue from NE/SE 5t" Avenue to the Intracoastal Waterway. Moving eastward on East Atlantic Avenue from NE/SE 5t" Avenue to the Intracoastal Waterway, pedestrian orientation weakens as East Atlantic Avenue opens back up to four lanes and buildings are predominately one story and, in some cases, set back from the street. One of the community's historic landmarks, the Colony Hotel (photo below), is located between the Federal Highway pairs and offers nighttime entertainment on its porch. Between NE/SE 6t" and 7t" Avenue there is a mix of businesses including a gasoline station, restaurants, specialty shops and several office/service uses. Office uses along the southwest portion of this block detract from its strength as a retail location. East of 7tn Avenue is Atlantic Plaza, a shopping center with a parking lot fronting on Atlantic Avenue. This plaza has significant potential for redevelopment as a mixed use project, with views of Veteran's Park and the Intracoastal Waterway. The portion of East Atlantic Avenue between 5t" Avenue and the Intracoastal is ideally suited to attract tourists, particularly as it is located between the Marriott and Colony Hotel. However, unlike the Entertainment Cluster to the west, Cluster 6 should be geared toward specialty retail that will appeal to tourists and local residents. The strategy for this area is summarized as follows: • This should be the heart of the "high priority urban retail zone" -the place to establish a critical mass of apparel retailing. Continue emphasis on retailing as opposed to restaurants-add up to 20,000 sq. ft. of apparel/shoes to create a destination node. • Restrict ground floor uses to dining and active retailing. • Re-organize or redevelop Atlantic Plaza to support comparison goods merchandising strategy. • Include the gas station at Atlantic Avenue and 6t" Avenue in a redevelopment opportunity. CLUSTER 7 -NORTH FEDERAL HIGHWAY CLUSTER Bounded by the FEC Railroad on the west, NE 4t" and 5t" Streets on the north, the north/south alley between NE 6th and 7t" Avenues on the east, and the east/west alley north of Atlantic Avenue on the south. Each day thousands of motorists travel within this cluster on the Federal Highway pairs. Similar to the area immediately to the south (Osceola Park), fast moving traffic along wide one- way roads with an absence of on-street parking strongly discourages pedestrian traffic. The high proportion of office uses just off East Atlantic Avenue discourages shoppers from the area. Therefore the few retail businesses in the area are less likely to attract shoppers from E. Atlantic Avenue. New residential development will encourage development throughout the area. The Federal Highway pairs present a strong opportunity for new development. There are several vacancies and infill opportunities. Office uses should be limited to upper story space or in areas other than in the retail core. In addition to office space, business support services such as printing services, graphic services and office supplies would be ideally located for Cluster 7. Retail and service establishments should appeal to employees and residents 38 living in newly developed downtown housing. The narrowing of the Federal Highway pairs and providing on-street parking is currently being considered as it would create a more livable and pedestrian friendly environment. The following strategy applies to Cluster 7: Concentrate on neighborhood retailing and services as well as auto-oriented uses. Encourage larger-scale retail uses • Continue transportation planning/traffic calming program. Recognize the role of this highway as an important gateway to the downtown. CLUSTER 8 - BEACHSIDE CLUSTER Includes area zoned CBD east of the Intracoastal Waterway to the Ocean Boulevard (S.R. A-1-A). While there are office and residential uses in this cluster, retail and restaurant uses along East Atlantic Avenue between the Intracoastal Waterway and the ocean, as well as the restaurants, hotels and shops along A-1-A cater largely to the tourist market. The area includes some older shopping center style developments that are set back from the street and have difficulty being accessed by pedestrians. One of those centers is currently being redeveloped as a new hotel. The Beachside Cluster's oceanfront location makes it one of the most popular areas of downtown. There are several businesses that appeal to both tourists and local markets. More of the same should be encouraged. Office uses, particularly at street level, should be discouraged. In addition, efforts should be made to alert traffic on A1A that they have arrived in downtown Delray Beach. The retail strategy for this area includes: Add additional retail with cross-over appeal among tourists and local residents. Consider a theme of outdoor sports retailing. Take steps to enhance the pedestrian character of this cluster and its connectivity to Cluster 6. • Limit the proliferation of "beach convenience shops" and ground floor office uses. IV. NEIGHBORHOOD IMPACTS OF REDEVELOPMENT EFFORTS The following section describes the potential impacts of redevelopment efforts on the residential neighborhoods of the Community Redevelopment Area and surrounding areas. While neighborhood impacts have been considered for the specific redevelopment actions recommended in this Plan, it should be noted that some of these projects are in the early stages of planning. Therefore, some impacts resulting from their implementation may as yet be undetermined. As these projects become more clearly defined, and additional impacts are identified, this section of the Plan will be amended. Other actions described in the Plan for subsequent years are subject to further refinement and elaboration in the intervening period and are consequently not included in the consideration of short range impacts. A. Relocation of Displaced Residents and Businesses Residential relocations are contemplated by this plan in connection with certain projects. In the event that existing or future CRA lead agency projects do require the relocation of residents, a relocation plan will be submitted as a component of the project package prior to official action on the project. It is also important to note that through the combined efforts of the 39 Community Redevelopment Agency, the City, and the private development community, the neighborhood housing stock will be expanded and thereby provide opportunities for the relocation of residents elsewhere in the neighborhood. The displacement of some existing businesses is contemplated with the majority of the planned redevelopment projects of the CRA. During the planning phase of each redevelopment project, the relocation of displaced businesses will be considered. To protect the residents within the Community Redevelopment Area, the CRA shall formally adopt a relocation policy containing procedures for relocation. When required by redevelopment actions, the relocation of residents within the Community Redevelopment Area will follow these procedures. Expenses and financial assistance required by these procedures shall become the responsibility of the Community Redevelopment Agency. Relocation Policy: Each Redevelopment Program adopted by the CRA which shall cause the temporary or permanent displacement of persons from housing facilities within the Community Redevelopment Area will contain an element and provision for the providing or replacement housing for such persons in decent, safe and sanitary dwelling accommodations within their means and without undue hardships to such families, which such relocation assistance shall include but not be limited to the following methods: All affected residents will receive a timely written notice of the CRA's intent to acquire their property. 2. The CRA will identify reasonable alternative housing opportunities for such displaced family which shall be reasonably comparable to the property being taken in size, price, rent and quality. 3. The CRA may provide moving expenses in a reasonable amount for each displaced family. 4. The CRA may elect to provide subsidies to displaced families in cases where suitable replacement housing, reasonably equivalent to the property being taken, is not available in order to make other replacement housing available within the displaced family's means. 5. The CRA may permit a former owner or tenant to occupy the property after acquisition for a period of time either with or without rent and any such rent charge shall not exceed the fair market rent for such occupancy; the fair market rent should comply with rent specified under Federal Regulations that are used in the Rent Subsidy Programs. 6. The CRA will endeavor to participate with the City of Delray Beach and the Delray Beach Housing Authority to provide priority assistance to eligible displaced persons under the Section-8 Rent Subsidy Program and Public Housing Occupancy, as well as other programs available through the City. B. Traffic Circulation The major redevelopment projects contained within this plan are generally adjacent to major transportation corridors and are not anticipated to degrade traffic circulation within the residential areas of the Community Redevelopment Area. One of the reasons why traffic circulation works well in the CRA district, and particularly within the downtown area, is the 40 existence of a comprehensive "grid" or network of streets. During the development of the Downtown Master Plan this grid was analyzed by the planning team under the direction of the Treasure Coast Regional Planning Council. The planners compared atwo-square mile area around Atlantic Avenue east of I-95 with atwo-square mile area west of I-95. They found that the grid system in the eastern area provides 66 travel lanes for vehicles to use, while the same sized area on the west side provides only 18 lanes for vehicular traffic. Thus, drivers in the east have many more choices of roads to use when moving throughout the area, instead of all of the cars being funneled onto two or three main roads. Another factor in the accommodation of traffic throughout the downtown has been the change in land uses that have occurred in recent years. The transition of uses along the Federal Highway pairs and the FEC corridor from commercial to residential or mixed use has had the effect of reducing potential trip generation. Projects that are designed to improve traffic circulation include the conversion of NE/SE 1St Streets from one-way to two-way traffic, paving of alleys within the neighborhoods, and the establishment of conveniently located parking facilities that encourage people to park and walk to their destination. Traffic calming and traffic connectivity are encouraged in the development process as more emphasis is placed upon the safety and comfort of pedestrians. The continued development and redevelopment of the compact downtown core will continue to encourage alternate means of transportation, particularly where employment and housing are within walking distance of each other. A major component of the redevelopment effort has been the provision of housing units within the downtown area where residents are able to walk or bicycle to shopping or to work. The establishment of mixed use projects outside of the downtown is also aimed at increasing economic vitality through the addition of employment or shopping opportunities. The close proximity of residential development to these projects will, as in the downtown, create opportunities for residents to walk or bicycle to work. In early 1995, the Florida Department of Transportation agreed to assist Delray Beach to establish a "Transportation Concurrency Exception Area (TCEA)". The TCEA includes the downtown area from I-95 to A-1-A. Establishment of this TCEA exempts new development and redevelopment in the area from being subject to the County's traffic concurrency requirements. This was an important tool for facilitating redevelopment, as there is little or no opportunity in the downtown to widen roads to accommodate increases in traffic. Although implementation of individual redevelopment projects may still require certain improvements or modifications to the existing roadway network, these localized impacts will be reviewed when specific project designs are undertaken. It is also recommended that architectural and site-specific design solutions be considered to mitigate potential traffic and parking impacts of specific projects on adjacent residential neighborhoods. C. Environmental Quality The redevelopment actions proposed in the Plan are intended to improve the environmental quality within the Redevelopment Area. Some of the projects that the CRA has undertaken or will undertake in the coming years involve sites that have environmental issues such as polluted groundwater. In 2006 the CRA purchased property at 805 West Atlantic Avenue that included a gas station and small store. The underground tanks had been removed and clean-up equipment was in place to clear ground water contamination located under the site and adjacent rights-of- way. The clean-up is being handled through a state funded program, and the CRA is working with the contractor to ensure its successful completion. Since acquiring the property, the buildings on the site have been demolished and a fence has been erected to secure the site and 41 conceal the equipment. The Carver square project involves the site of a former dumping ground, over which single family homes had been constructed in the 1970's and 1980's. Those homes began to experience severe structural damage due to the deterioration of organic materials buried on the site. The CRA worked with private contractors, the Department of Environmental Protection and the homeowners to have tests conducted of the soil and prepare a plan for relocating the residents. Over a period of approximately two years the CRA acquired 19 of the 20 affected lots (the City owned the remaining lot) and provided financial assistance for the relocation of twelve households (eight of the lots were vacant). The structures have been demolished and the soil remediation plan is underway under Florida's Brownfield Program to stabilize the sub-surface conditions and prepare the site for new affordable single family homes. Other projects funded and implemented by the CRA involve the elimination of substandard building and housing conditions that affect the physical environment of the district. The CRA has purchased numerous blighted or unsafe structures over the years for demolition or rehabilitation. The CRA also provides funding through its grant programs as an incentive to private property owners to upgrade structures and improve housing conditions. D. Availability of Community Facilities and Services Since the Community Redevelopment Area contains the oldest sections of the City, it has the availability of the full range of community services and facilities associated with urbanized areas. The City of Delray Beach has expended considerable funds on infrastructure improvements and beautification efforts. Additionally, in the 1990's the City has spent over 21 million dollars on public improvements through its Decade of Excellence bond program. The majority of the improvements funded by the bond are located within the Community Redevelopment Area and include several major drainage projects and the main Fire Station Headquarters. In 2004, the City of Delray Beach passed a Parks and Recreation Bond which focused on the acquisition of land for three new parks and the installation of a soccer complex to be built on the existing Atlantic High School site. Funding from the 2004 bonds has also been used to assist with the Old School Square expansion and the construction of a parking garage on that site. E. Effect on School Population With the relocation of the old Atlantic High School, at the present time there are four public schools within the Community Redevelopment Area and one school, Pine Grove Elementary, on the fringe of the CRA boundary. Previous versions of the CRA Plan also included information on the Delray Full Service Center, which serviced a significant student population as an alternative school. That facility is now used primarily for adult education classes and has been eliminated from the list of public schools within the CRA District. The Village Academy opened in the Fall of 2000 with grades K-2, adding grades each year until they reach the 12t" grade. Carver Middle School was renamed the Delray Full Service Center, which is an alternative school. This school site also houses a head start program and other community classes such as adult literacy programs, etc. Discussions are currently underway regarding the potential closing of Plumosa Elementary school, which would be replaced by a K - 8 school that would be located on the site of the old Atlantic High School. 42 School population in the County has decreased recently, and the population in all schools in the CRA district is below capacity. The residential development programs identified within the Community Redevelopment Plan are not expected to significantly affect school populations. Information on permanent capacity and current student population is provided in the following table: TABLE 3.1: PUBLIC SCHOOLS School Name Permanent Capacity 2007/2008 Students S. D. Spady Elementary School 697 560 Plumosa Elementary School 581 377 Pine Grove Elementary School (adjacent to CRA District) 674 443 Village Academy 882 647 Totals 2,834 2,027 Source: Palm Beach County School Board V. RELATIONSHIP TO THE CITY~S COMPREHENSIVE PLAN Florida Statutes require that the Community Redevelopment Plan be consistent with the City's Comprehensive Plan. In order to remain current in the fast-paced, highly volatile economy of South Florida, the Community Redevelopment Plan is amended when programs are changed or as new programs and projects that were not included in the original plan are proposed. To maintain consistency with the City's Plan atwo-tiered approach is used during the amendment process. The first step in the process is an administrative determination by the City Manager, or his designee, as to whether the proposed amendment is procedural/technical (e.g. changes to dates, amounts of project funding, updates, etc.) or substantive, (adoption of a new program). Under the former determination, the amendment would go directly to the City Commission with the staff finding. Under the latter, the amendment would first be reviewed by the LPA (P&Z Board) for determination of consistency with the City's Comprehensive Plan and then forwarded to the City Commission with recommendations. Since amendments to the City's Comprehensive Plan require a time consuming process and are allowed only twice a year except in cases of emergency, the Community Redevelopment Plan will not typically be completely assimilated into the Comprehensive Plan. Those portions of the CRA Plan and subsequent amendments which involve only the resources of the CRA will not be included within the City's Comprehensive Plan. However, whenever significant City Participation is a part of a CRA project and such participation has not been addressed in the Comprehensive Plan, it may be necessary to process a Comprehensive Plan Amendment prior to action by the City. Generally, it will be necessary to amend the Comprehensive Plan in order to accommodate the following: • Those portions of the CRA Plan which would otherwise be in conflict or inconsistent with the Comprehensive Plan as it is now written; To provide City financing, or financial assistance, to projects identified in the CRA Plan which are not already in the Comprehensive Plan; and 43 • To reassess and modify existing policies in the Land Use Element calling for joint CRA/City participation. It is anticipated that implementation of some of the Community Redevelopment Agency's programs will require City financing or financial assistance. Redevelopment projects which are dependant upon changes in zoning, land use designations, or amendments to the Land Development Regulations may be delayed until the City can make the required changes. 44 PART FOUR: THE REDEVELOPMENT PROGRAM I. REDEVELOPMENT STRATEGIES When considering redevelopment strategies it is important to note that the CRA cannot possibly fund the immense task of redevelopment on its own. It must therefore structure its programs to act as catalysts for redevelopment efforts by individual residents and businesses within the CRA and to leverage investment by private enterprise. With limited resources available for redevelopment efforts, the Agency must be careful not to spread itself too thin by attempting to do too much at once. Innovative programming on the part of the Agency is necessary to maximize benefits from expenditures. Since the implementation of a few strategically placed well-funded programs may have a much greater impact on the overall area than many inadequately funded ones, programs must be evaluated in the context of the agency's overall goals, and implemented accordingly. The following are brief, generalized descriptions of the redevelopment strategies for the various sub-areas within the CRA district. Most of these strategies are articulated in greater detail in individual redevelopment or neighborhood plans such as the West Atlantic Avenue Redevelopment Plan, Downtown Delray Beach Master Plan, Southwest Area Neighborhood Redevelopment Plan, Osceola Park Redevelopment Plan, and Pineapple Grove Neighborhood Plan. The following section (Section II) describes the various projects and programs that have been created to implement those strategies. Table 4.1 lists the geographic sub-areas and the corresponding projects and programs. A. Sub Area 1: "The Beach District" The redevelopment strategy for this area is to promote infill development that follows traditional downtown patterns, with the storefronts close to the street and parking at the rear of the buildings. Street improvements are planned to enhance pedestrian safety in the commercial area along A-1-A, and also along East Atlantic Avenue. Additional parking will be provided through private/public partnerships. B. Sub-Area 2: "The Central Core" The redevelopment strategy for this area is to have it evolve from an upscale leisure area that depends on tourists and outsiders for its survival to a traditional, self-sufficient downtown. Efforts will be made to provide for a sustainable mix of office, entertainment, dining, residential, and shopping uses. Modifications to the transportation system will improve circulation in and around the downtown, and enhance pedestrian safety. Centralized parking structures will replace many of the surface parking lots, and existing spaces will be better utilized through shared parking arrangements. Expansions and enhancements of the public spaces at Old School Square and Worthing Park are planned. Restoration and preservation of historic structures will be promoted and encouraged in the Old School Square Historic Arts District and the Marina Historic District. C. Sub-Area 3: "The West Atlantic Avenue Corridor" The redevelopment strategy for this area shall be to create a positive visual impact and emphasize its importance as the entrance to the downtown, and to encourage development that 45 is supportive of and compatible with adjacent neighborhoods. Redevelopment projects shall provide a mix of uses (residential and commercial), with an emphasis on neighborhood-serving businesses. A mix of housing types and affordability ranges is encouraged. Strategies such as a community land trust and density bonuses shall be used to provide for affordable housing. Enhancements will be made to West Atlantic and the major side streets in order to beautify the corridors, provide parking, and highlight the culture and history of the area. Assistance will be provided to promote the development of small businesses and those that are locally owned. D. Sub-Area 4: "Northwest Neighborhood" The northwest neighborhood shall be stabilized through preservation of the West Settlers District, construction of infill single family housing on vacant lots, the provision of pocket parks, and streetscape beautification/enhancements, especially as they relate to Martin Luther King, Jr. Drive and the Cultural Loop. E. Sub-Area 5: "North Federal Highway" The redevelopment strategy for this area shall be as provided in the North Federal Highway Redevelopment Plan. New development along the commercial corridor shall be required to be closer to the street in conformance with traditional urban planning principals. Improved traffic circulation will be provided through the creation of additional connections between Dixie and Federal Highways. The adjacent neighborhoods shall be stabilized through beautification projects and traffic calming where warranted. F. Sub-Area 6: "Northeast Neighborhood" The redevelopment strategy for this area shall be to stabilize the neighborhood through the strategies described in the Seacrest/Del Ida Neighborhood Plan. Improvements outlined in the plan include traffic calming, landscaping, lighting, promotion of homeownership through the duplex conversion program, and provision of off-street parking. G. Sub-Area 7: "Osceola Park" The redevelopment strategy for this area shall be consistent with the Osceola Park Neighborhood Plan. The strategies outlined in the plan include revitalization and rehabilitation of the commercial/industrial uses along the railroad corridor; and, stabilization of the residential neighborhood through beautification and traffic calming. H. Sub-Area 8: "Southwest Neighborhood" Development in the southwest area shall be consistent with the Southwest Area Neighborhood Redevelopment Plan, with a particular emphasis on the preservation and creation of affordable housing, elimination or rehabilitation of substandard housing, infrastructure upgrades, and the provision of recreational facilities and pocket parks as well as the establishment of an employment training facility. 46 TABLE 4.1: CRA PROGRAMS AND PROJECTS BY SUB-AREA Sub Area Pro rams/Pro'ects Sub-Area 1: 1.2 Downtown Master Plan 3.2 Site Assistance Program 3.7 Grant Administration Program The Beach 3.3 Community Activities Sponsorship 3.9 Clean and Safe Program 3.10 Downtown Marketing District 3.4 Downtown Transit System Cooperative 3.6 Historic Facade Easement Program 1.2 Downtown Master Plan 3.4 Downtown Transit System 1.7 Pineapple Grove Neighborhood Plan 3.6 Historic Facade Easement Sub-Area 2: 2.2 FEC Railroad Station Program The Central 2.3 Old School Square Expansion 3.7 Grant Administration Program Core 2.5 Old School Square (Operational Support) 3.9 Clean and Safe Program 3.2 Site Assistance Program 3.10 Downtown Marketing 3.3 Community Activities Sponsorship Cooperative 1.1 West Atlantic Redevelopment Plan 3.2 Site Assistance Program 1.2 Downtown Master Plan 3.3 Community Activities 2.1 NW/SW 5th Avenue Sponsorship Sub- Area 3: 2.4 South County Courthouse /Delray Beach 3.4 Downtown Transit System West Atlantic Library (Operational Support) 3.6 Historic Fapade Easement Avenue Corridor 2.6 Block 28/36 (Atlantic Grove) Program 2.7 Block 60 Redevelopment 3.7 Grant Administration Program 2.9 West Settlers District/Spady Museum 3.9 Clean and Safe Program (Operational Support) 3.10 Downtown Marketing 2.10 Workforce/Affordable Housing Cooperative 1.3 Southwest Neighborhood Plan Sub-Area 4: 2.9 West Settlers District 3.2 Site Assistance Program Northwest 2.10 Workforce/Affordable Housing 3.3 Community Activities Neighborhood 3.1 Curb Appeal Residential Improvement Sponsorship Program Sub-Area 5: 1.4 North Federal Highway Plan 3.6 Historic Facade Easement North Federal 2.8 George Bush Blvd./Dixie Hwy. Program Hi hwa g y 3.2 Site Assistance Program 3.3 Community Activities Sponsorship 3.7 Grant Administration Program Sub-Area 6: 1.5 Seacrest/Del Ida Neighborhood Plan 3.6 Historic Facade Easement Northeast 3.2 Site Assistance Program 3.7 Grant Administration Program Neighborhood 3.3 Community Activities Sponsorship Sub-Area 7: 1.6 Osceola Park Neighborhood Plan 3.6 Historic Facade Easement Osceola Park 3.2 Site Assistance Program Program 3.3 Community Activities Sponsorship 3.7 Grant Administration Program 2.08 Carver Estates/Auburn Trace 3.3 Community Activities Sub-Area 8: 2.10 Workforce/Affordable Housing Sponsorship Southwest 2.11 Carver Square 3.1 Curb Appeal Residential Improvement 3.6 Historic Facade Easement Neighborhood Program Program 3.2 Site Assistance Program 3.7 Grant Administration Program 47 II. COMMUNITY REDEVELOPMENT AGENCY PROJECTS AND PROGRAMS The projects and programs of the Community Redevelopment Agency are designed to solve underlying problems which have a blighting influence on the Community Redevelopment Area, satisfy basic needs of the populace or take advantage of opportunities for economic, social or aesthetic improvement. Overall redevelopment strategies of both the CRA and the City are embodied within these projects and programs undertaken by the CRA. This portion of the Plan is the heart of the Community Redevelopment Program. The following sections provide a detailed description of all current and proposed projects and programs for which funding is provided, or will be provided, by the Community Redevelopment Agency. For organizational purposes, these projects and programs have been divided into three groups. This organizational structure is not, however, meant to be mutually exclusive, since many projects contain components which fit into more than one category. Group "1": Area-wide and Neighborhood Plans, include the preparation and implementation of area-wide redevelopment plans and neighborhood plans that were produced following a comprehensive, collaborative process. Generally these plans are completed following months of design workshops and community meetings, after which plans are adopted by the City Commission through a formal process. Group " 2": Redevelopment Projects include projects created and/or funded by the CRA to address specific areas. For instance, a street beautification project or the redevelopment of a particular property or group of properties would fall under this classification. Group " 3": Community Improvement Programs include ongoing grant and subsidy programs that promote CRA objectives such as small business development, property upgrades, affordable housing, downtown maintenance and safety activities, etc. The descriptions that follow include the likely project participants, funding sources, and completion schedules. These are estimated based upon the information that is available at the time of the adoption of the plan. The information is included primarily for planning purposes, and may change as the project or plan proceeds. A. GROUP 1: AREAWIDE AND NEIGHBORHOOD PLANS # 1.1: West Atlantic Avenue Redevelopment Plan (For associated maps, see Appendix "D"Maps A.1 through A. 6) Background The West Atlantic Avenue Redevelopment Area extends along the West Atlantic Avenue Corridor, between NW and SW 1st Streets. Due to its location and land use pattern, this area has considerable potential for mixed-use development. A redevelopment strategy for the area was initially presented to the public in 1988, which outlined substantial demolition and would have required the relocation of a large number of displaced residents and businesses. This plan met with considerable public opposition and was abandoned. In 1993, the CRA organized the first phase of a community planning effort by inviting numerous community members to a series of organizational meetings to discuss the concept of developing a West Atlantic Avenue Redevelopment Plan. These meetings, which were facilitated by professional planners, resulted in the organization of a larger community based Steering Committee of over 50 people. The initial charge of this Steering Committee was to develop a process and strategy for the planning effort. The Steering Committee participants referred to themselves as stakeholders in the resulting process which was termed "Visions West Atlantic". "Visions West Atlantic" was a forum for a series of community meetings held over atwo-year period that ultimately produced recommendations concerning redevelopment 48 issues for West Atlantic Avenue. These recommendations form the backbone of the West Atlantic Redevelopment Plan, which was adopted by the City in 1995. The community "visions meetings" recognized that the need to facilitate the redevelopment of West Atlantic Avenue could not stop with completion of the plan. After a series of discussions, the group established the need for oversight and a project manager to implement the plan. The West Atlantic Redevelopment Coalition (WARC) is a nonprofit organization that was created to advise the CRA and City on redevelopment issues in the area. A staff position was created to facilitate the monthly WARC meetings, act as a liaison between WARC and the CRA/City and focus on the implementation of objectives and strategies in the plan. In 1997, the CRA amended the Plan by incorporating market research and by analyzing, in general, the redevelopment opportunities of each block in the area. The second amendment was adopted by the CRA and City in 2000. Also in 2000, the City and the CRA applied for a grant to the MacArthur Foundation to fund another community planning exercise, the Downtown Master Plan. The geographic areas covered by the downtown plan included the commercial districts along the Atlantic Avenue corridor from the beach to I-95. The plan, which was adopted in 2002, incorporates the provisions of the West Atlantic Avenue Redevelopment Plan and includes a marketing strategy for the corridor. Although opportunities exist for private redevelopment of existing structures and vacant property along West Atlantic Avenue, it has been difficult for the private sector to initiate such efforts without public assistance with land assemblage and business development. Rapidly rising property values has led to speculative investments, and has in some cases stalled redevelopment activity as investors hold onto blighted properties for the maximum return. This program represents the CRA's intent to continue the elimination of slum and blight in the area and facilitate successful redevelopment projects. Project Objectives • Eliminate blighted conditions along West Atlantic Avenue and adjacent side streets. • Encourage economic growth, redevelopment and minority business development. • Increase job opportunities within the West Atlantic redevelopment area. • Promotion of businesses which serve the neighborhood residents. • Acquire land in order to aggregate sites sufficiently large enough to encourage redevelopment. 49 • Development of programs, events, and projects which attract new consumers to the Avenue. • Create safer conditions for consumers, residents, and businesses. • Beautify the West Atlantic Avenue corridor. Protect Description • A major component of the program shall be site acquisition, assembly and resale for redevelopment; the CRA may also acquire property for construction of centralized parking facilities to service the surrounding areas; the parking lots constructed under this program may be municipal lots entirely for public use, may be sold or leased to private entities or may be a combination of both; Appendix "D" contains the Land Acquisition Maps for the overall area, and maps of specific blocks that were identified as priorities for redevelopment purposes. • The CRA may also utilize property exchanges and equity partnerships to assemble larger parcels of land for redevelopment purposes. • In the relocation of homeowners or renters, the CRA may utilize the affordable housing program described in Part Three, Section 2-D of this plan. • The CRA will provide financial assistance through its various programs to encourage business development and job creation. • The CRA will work with the Downtown Development Authority, Downtown Marketing Cooperative (formerly Joint Venture), West Atlantic Redevelopment Coalition, Delray Merchants Association, and others to promote activities on the Avenue which impact positively the economics of the business on the Avenue. • Beautification of the streetscape along West Atlantic Avenue and side streets. Project Participants and Administration • The Community Redevelopment Agency and West Atlantic Redevelopment Coalition, Inc. shall be the lead agencies in the updating and implementation of the Plan. • Other participants in the program may include, but are not limited to, the City of Delray Beach, Downtown Marketing Cooperative, Delray Merchants Association, Delray Beach Chamber of Commerce, neighborhood associations, residents and property owners. Funding Sources • Funding will be primarily by the CRA and the City, along with state and federal funding for road improvement projects. Project Schedule • Beautification of West Atlantic Avenue has been completed between W 1St and 6t" Avenues; beautification of the corridor between W 6t" and 12t" Avenues will be completed in 2009. • Redevelopment of the CRA-owned properties located between SW 8t" and 10t" Avenues will be under construction in 20010. • Redevelopment of other blocks is ongoing. 50 # 1.2: "Downtown Delray Beach Master Plan" Background f ~; ... ri.: ,. v .. ... ~ .. _ - The Land Use Element of the City's Comprehensive Plan required that a special CBD Development Plan be developed jointly by the CRA and the City. The purpose of this policy as originally intended was to prepare a plan that would encourage the revitalization and redevelopment of the downtown, which in the 1980's was experiencing high vacancy rates and a lack of private investment. Another objective was to address the maximum development that could occur in the area while still retaining its unique character and charm. Numerous studies, beautification and redevelopment projects, special events, and zoning code amendments were undertaken which helped to spur a major renaissance in the downtown. However, there was still a need to prepare a plan that would address the question of the maximum amount of development that is desirable, as well as strategies to ensure that the rebirth and revitalization are sustainable for the long term. In 2000, the City and CRA applied for a planning grant to the MacArthur Foundation to complete the Downtown Master Plan. During the application process another objective emerged: that of bridging the gap between East and West Atlantic Avenue commercial districts. Pursuant to that objective, the Downtown Plan evolved to also include the West Atlantic Avenue Redevelopment Area. In order to ensure that the planning process was an inclusive and wide-spread effort, a 31-person Steering Committee was established to oversee the development of the plan and its various components, and to disseminate information and updates to constituent groups. The planning process included tours of the area, a weekend long race relations workshop, presentations by planning experts, and a design charrette that was attended by hundreds. The entire process is documented in the City publication "Creating Inclusive Partnerships." The plan was adopted in March of 2002, and the Steering Committee evolved into the Downtown Plan Implementation Committee, which has met on a quarterly basis to evaluate the status and give direction on projects that are in the plan. Many of the projects in the plan have been completed or are underway. Other projects had to be modified or have been determined to be infeasible due to issues that were not fully known at the time of the planning process (i.e. deed restrictions, FDOT limitations, etc.). An amendment to the plan is underway to update the status of the various projects including any necessary modifications, and to eliminate projects that cannot be implemented due to unforeseen circumstances. The Downtown Delray Beach Master Plan describes three separate "districts": the West Atlantic neighborhood, the Central Core, and the Beach District. The plan identifies objectives to improve each of the areas, and outlines projects to accomplish those objectives. Project Objectives • To create aself-sustaining downtown that has a balanced mix of uses. To encourage building forms of a size, scale, and character that allows for growth while preserving the downtown's charm. • To facilitate economic development and ensure that the downtown remains the economic, cultural, and governmental center of the City. 51 • To improve vehicular circulation, pedestrian safety, availability and convenience of mass transit, and availability and convenience of parking. • To promote unity and continuity between East and West Atlantic Avenue. • To create attractive public plazas, neighborhood pocket parks and pedestrian friendly streets enhanced by public art. Project Description Implementation of the projects and programs identified in the Downtown Master Plan, including the following: • Design guidelines to regulate the size and scale of new buildings. • Creation of apedestrian-friendly network of streets with adequate sidewalks, lighting, and traffic-calming measures to mitigate vehicular speeds; installation of pedestrian improvements, traffic calming, and beautification along the Federal Highway pairs. • Conversion of the one-way bypass system to two-way traffic. • Creation/installation of a gateway feature at West Atlantic Avenue immediately east of I-95. • Acquisition of properties for affordable housing, pocket parks, parking facilities, and public plazas. • Promote programs and projects that will increase parking in the downtown area without creating large surface parking lots, such as shared parking programs and the use of mechanized parking facilities. • Installation of bus shelters. • Pedestrian safety measures in the commercial areas of Atlantic Avenue and A-1-A. • Support of measures such as market analysis and business recruitment to ensure that the downtown area has a sustainable mix of uses. • Other programs and projects as described in the adopted plan Project Participants and Administration • The Plan shall be implemented under the lead of the CRA with the assistance of the City Planning and Zoning Department and Environmental Services Department. • Other participants in the project may include, but are not limited to the Downtown Development Authority (DDA), West Atlantic Redevelopment Coalition (WARC), West Atlantic Task Team (WATT), Chamber of Commerce, Parking Management Advisory Board, Downtown Marketing Cooperative, professional consultants and interested residents and businesses. Funding Sources • The CRA and City will be the primary funding sources, with grants from other entities used to augment local funding. 52 Project Schedule • Plan adopted March 19, 2002. • Design Guidelines, zoning changes adopted in 2004. • Plan to be amended in 2008. • Infrastructure improvements to be substantially completed by 2012. #1.3: Southwest Neighborhood Plan (For associated maps, see Appendix "D"Maps B.1 and B. 2) Background When the MacArthur Foundation agreed to provide funding for preparation of the Downtown Delray Beach Master Plan, they also included funding for a plan to address the most distressed neighborhood adjacent to the West Atlantic commercial corridor: the Southwest Neighborhood. This area had long been characterized by slum and blighted conditions, including inadequate infrastructure, high crime, poor housing conditions aggravated by absentee ownership, and a large number of vacant properties that were not being maintained. In 2002 the City hired planning consultants JEG Associates to work with the neighborhood on a plan to address these issues. With some deviations, the plan encompasses the area generally bounded by I-95 on the west, SW 10t" Street on the south, Swinton Avenue on the east, and the CBD zoning district on the north. A team of neighborhood stakeholders was assembled to assist in the communication and organizational aspects of the planning process. This group, known initially as the Southwest Management Team (and renamed West Atlantic Task Team, or WATT), met on a regular basis to work with the consultant, communicate with the neighborhoods regarding meetings and outcomes, provide feedback on various ideas and initiatives, and review the draft plan. One of the first tasks completed by the consultant was a "Livability Workshop," which was designed to obtain stakeholder input regarding livability conditions relative to indicators such as schools, public safety, parks, transit, etc. The results of the surveys and interviews helped determine the strengths and weaknesses of the community, and provided direction for the plan's focus. The plan was adopted in May of 2003 and provides a blueprint for the revitalization and stabilization of the neighborhoods located in the southwest area. It links the neighborhood residential areas, commercial centers, civic functions, and green spaces to create a vibrant, pedestrian friendly network of connected neighborhoods. Many of the projects included in the Plan have already been implemented. In 2004, the City Commission adopted changes zoning, comprehensive plan and Land Development Regulations (LDR) changes to promote affordable housing in conjunction with the principles of Development Without Displacement. The City's Comprehensive Plan was amended to allow increases in density when development includes affordable/workforce housing and the City adopted the Family/Workforce Housing Ordinance (LDR Article 4.7), which includes a density bonus program, based upon the number of very low, low and moderate income units that are provided as part of the development. In addition, the recently built public elementary school has been augmented to provide intensive education to local at-risk children, including an extensive after care program and 53 support services for families. In 2007, the City and CRA funded the creation of a Neighborhood Resource Center in the community, placing social service providers within walking distance of the families who need assistance. The Rosemont Park pocket park was completed in 2007 (SW 6t" St. and 4t" Ave.) and Sunshine Park (NW 15t" Avenue, adjacent to I-95 sound barrier) will be constructed in 2008. Also, the existing Catherine Strong Park was completely renovated to include additional play equipment and water features. Streetscape and alley improvement plans are currently being prepared for SW 12t" and 14t" Avenues. To help achieve the Plan's affordable housing objectives the City, CRA, and Housing Authority partnered together to form a Community Land Trust, which is constructing long-term affordable housing for neighborhood residents. Acquisition of slum and blighted properties by the CRA to accommodate affordable housing through the Delray Beach Community Land Trust is ongoing. The CRA participated in the funding and development of the plan, and will be a major participant in funding its implementation. Proiect Objectives • Revitalization and stabilization of the neighborhoods in the southwest area. • Improve the quality and condition of housing stock in the area, and provide housing to meet a range of income levels and ages. • Improve and upgrade infrastructure in the neighborhoods. • Enhance the beauty and livability of the neighborhood by providing open space and recreational opportunities for residents. • Provide pedestrian linkages between residential, commercial, civic, and recreational areas. • Create jobs and promote economic development. Proiect Description Implementation of the projects and programs identified in the Southwest Neighborhood Plan, including the following: • Acquisition of land and development of pocket parks at strategic locations throughout the neighborhood, particularly where adjacent to property that is already owned by the City or CRA, and where larger sites can be assembled. • Beautification of public spaces along I-95 sound walls. • Creation of affordable housing opportunities, through acquisition of vacant or underutilized land, acquisition of existing units that can be upgraded or redeveloped and maintained as affordable housing; and implementation of incentives such as density bonuses to encourage private developers to create affordable units. • Provision of grant or loan programs to encourage upgrades to structures and properties; • Improvements to the roadway system to make the area safer for pedestrians, such as completion of the sidewalk network and installation of traffic calming measures. • Support redevelopment that is consistent with the principles outlined in the plan for the five sub-areas, particularly as it relates to the redevelopment of blighted duplex and multi-family structures (particularly those located along SW 10t" through 15t" Avenues), which are having a detrimental impact on livability and property values in the neighborhood. • Support increased community policing and code enforcement. 54 • Initiate infrastructure projects (i.e. street and alley improvement projects, street beautification, retention areas, etc.) to accelerate their completion. Partner with the City on these infrastructure projects when feasible. Proiect Particiaants and Administration • Projects in the plan shall be implemented jointly by the City and CRA. • Other participants in the project may include, but are not limited to the West Atlantic Redevelopment Coalition (WARC), neighborhood associations, professional consultants, private developers and interested residents and businesses. Fundina Sources • The CRA and City will be the primary funding sources, with grants from other entities used to augment local funding. • Private developers will participate in the financing of affordable housing in the neighborhoods. Proiect Schedule • Acquisition of property/provision of pocket parks is ongoing. • Affordable housing incentives (Family/Workforce Housing Ordinance) adopted on December 6, 2004. • Acquisition of properties/creation of affordable housing is ongoing. • Infrastructure improvements to be substantially completed by 2015. #1.4: North Federal Highway Redevelopment Plan Background This project involves the implementation of the North Federal Highway Redevelopment Plan, which was adopted by the City in 1999. For a description of the area and background information on this project, see Part 2 of the CRA Plan. Proiect Objectives • Improve the visual appearance of the corridor. • Reduce and eliminate marginal and inappropriate land uses. • Direct smaller business operations to more concentrated area. • Provide economic stimulation and investment in the area. • Creation of jobs. • Stabilize and preserve the residential neighborhoods through new development, beautification, redevelopment, and the elimination of blight. • Eliminate slum and blight through acquisition of properties. 55 Project Description The Program is divided into two Phases. Phase One, which is completed, included the preparation of the Redevelopment Plan. Phase Two shall be the implementation of the redevelopment program. Key projects complete and administered through this program include La Hacienda Gardens Park and the acquisition of property between Dixie and Federal Highway to provide better circulation and connectivity in the area, Also in he planning stages is the La Hacienda Street Beautification project. Several meetings with the neighborhood association occurred in 2007 which resulted in a draft preliminary beautification plan generally consisting of additional landscaping improvements including trees, swales, sidewalks and entryway signage. The preliminary plan was presented to the neighborhood through a community forum which received a high level of positive feedback. The CRA is currently in the implementation phase of the project. Additional projects planned for the area include the following: • Eventual reduction of Federal Highway right-of-way from 120' to 100' and installation of additional landscape nodes and wider landscaped medians. • Installation of a new roadway connection between Dixie and Federal Highways north of NE 14t" Street. • CRA acquisition of key properties where necessary. • Work with homeowner associations concerning neighborhood improvements such as neighborhood; parks, traffic calming., and street beautification. Project Participants and Administration • The CRA will administer and coordinate the program; Other participants may include, but are not limited to, the City of Delray Beach, Florida Department of Transportation (controls US-1 ), Delray Beach Chamber of Commerce, developers, and individual property and business owners. Funding Sources Funding sources for Phase Two will be the CRA, the City of Delray Beach, other governmental agencies, property owners, and developers. Project Schedule • Phase One: Completed. • Phase Two: Began in FY 1999/2000 and is ongoing. # 1.5: Osceola Park Redevelopment & Neighborhood Improvement Plan Background This downtown neighborhood is generally located between Federal Highway and the F.E.C. Railroad, south of the Central Business District. Zoning in the area includes R-1-A (Single-Family Residential), RM (Medium Density Residential), GC (General Commercial), CBD (Central Business District), and CBD-RC (Central Business District -Railroad Corridor). Land uses are varied, containing a mixture of single-family and multi-family residences, commercial, and light industrial development. Since the area is encompassed by well field protection zones, impacts of non-residential land uses on the well field is a concern. 56 The northern portion of the area (north of S.E. 5th Street) contains commercial and light industrial development with inadequate parking and residential uses sandwiched between incompatible land uses. South of S.E. 5th Street, the character of Osceola Park changes to one that is generally single-family in nature; however there are numerous renter-occupied units. The area is also encompassed by wellfield protection zones. The overall condition of the housing is adequate, although there are many structures in need of maintenance and minor repairs. The area has a unique quality that is attractive for residents who wish to live in asingle-family home located close to the City's commercial core. Beautification projects throughout the area, as well as an increase in the number of owner-occupied units, can help eliminate blighted conditions and stabilize the area. In 1999, the City, with financial assistance by the CRA and a grant from the State of Florida, conducted a historic survey of existing structures in the eastern part of the City, Including Osceola Park. The consultant, Janus Research, found that the neighborhood did not have the concentration of historic buildings to be designated as a local historic district, but recommended that the City consider creation of a Local Conservation District. This information has been incorporated into the Osceola Park Redevelopment Plan, which was adopted by the City Commission on December 6, 2004. The primary focus of this redevelopment plan is to stabilize and revitalize the area, provide apedestrian-friendly and safe environment through the implementation of traffic calming measures, provide additional parking for area businesses and accommodate owner-occupied housing which is compatible with the single family character of the area. Some of the issues relating to the industrial uses within this area were addressed within the CBD-RC zoning district that was created in 1995; however inadequate parking is still an issue. In September 2005, a 5.9 acre portion of the redevelopment area located between S.E. 2nd Street and S.E.3rd Street, and between S.E. 2"`' Avenue and S.E. 5th Avenue was rezoned from RM (Medium Density Residential) to R-1-A (Single Family Residential). Implementation of the Plan as it relates to the residential area is to begin in 2008. Proiect Objectives • Eliminate slum and blighted conditions. • Provide adequate parking for the commercial/industrial areas. • Promote historic preservation. • Promote stabilization of the residential areas. • Promote owner-occupied housing. • Promote conversion of multi-family uses to single-family. • Increase employment and business opportunities in the area. Proiect Description The program shall consist of three phases. Phase One, which included an historic survey of the existing structures in the area, has been completed. Phase Two, which included the preparation and adoption of a Redevelopment/Neighborhood Plan for the area, has also been completed. Phase Three consists of the implementation of the projects and programs identified in the Osceola Park Redevelopment Plan, including the following: • Rezone the areas east of the FEC Railroad currently zoned RM (Medium Density Residential) to R-1-A (Single Family Residential). • Evaluation of the feasibility of creating a "Property Assessment District" to fund improvements. 57 • Improve the street appearance by beautification. • Improve pedestrian and vehicular safety through the installation of traffic calming measures as well as the installation of alleys, lighting and sidewalks, where needed. • Upgrade utilities and drainage where needed. • Develop and fund a program to convert duplex structures to single-family residences. • Creation of a Conservation District to promote historic preservation. Project Participants and Administration • Implementation of the Plan shall be administered and coordinated by the City with assistance from the CRA. • Other participants include property owners and businesses in the area. Funding Sources • The City and CRA will provide funding for preparation and implementation of the plan, including any outside consulting services that are necessary. • Other sources may include, but are not limited to, the property owners and businesses in the area, as well as public and private grants. • Implementation of certain elements of the plan will be funded through an assessment district, as well as by the CRA and the City. Project Schedule • Phase One of the program was completed in FY 1999/2000. • Phase Two was completed in FY 2004/2005. • Phase Three: o Re-zonings associated with the Plan were approved in 2005. c Infrastructure improvements are projected to begin in FY 2007/2008. o Implementation of various programs is ongoing. #1.6: Pineapple Grove Neighborhood Plan This program consists of the implementation of the remaining elements of the streetscape and pedestrian improvements that were included in the Pineapple Grove Neighborhood Plan (see Appendix "E", Pineapple Grove Main Street Program for a full description and background of the program). It also involves the creation and maintenance of the area as an arts district by promoting public art projects, the establishment of artist studios and galleries, and implementation of land development regulations that foster and encourage arts-related uses. Most of the streetscape improvements included in the plan have been completed. The Pineapple Grove area no longer has the need for a full time Program Manager and is therefore no longer designated by the state as an official Main Street community. A strong neighborhood association remains active and continues the work to improve and promote Pineapple Grove as an arts destination that has a unique identity apart from Atlantic Avenue and other parts of the downtown. 58 Proiect Objectives • Continuation of the physical and economic revitalization of the Pineapple Grove neighborhood. • Completion of street beautification, entry features, public parking, and pedestrian linkages within the Pineapple Grove neighborhood. • Establishment of the area's special identity as an arts-related district. Proiect Description CRA participation with this plan may include, but is not limited to, the following elements: • Support of Pineapple Grove organization by providing staff assistance on a part time basis to help organize and run regular meetings, hold fundraising events, administer grants programs, and solicit memberships. • Assist in the implementation of the remaining elements of the neighborhood plan, which involve completion of the sidewalk network, installation of landscaping and lighting, installation of additional entry features, and provision of additional parking. • Support arts-related uses and features that help establish and maintain the area's identity as an arts district. This may include financial participation in the acquisition and build-out of one of the units in the Cannery Row townhouse project for the establishment of an arts studio, as provided for in the development's site plan. • Work with the Pineapple Grove Design Committee to ensure that new development and redevelopment is consistent with the desired architectural style as described in the plan. • Work with the Pineapple Grove organization to ensure that the City's Land Development Regulations facilitate the establishment ofarts-related uses. Proiect Participants and Administration • Pineapple Grove Main Street, Inc. shall generally administer and coordinate the program. • The CRA will provide financial support for administrative assistance through the Downtown Marketing Cooperative (DMC), and provide additional administrative support where necessary to implement grant programs, LDR changes, and infrastructure improvements. • Other participants may include, but are not limited to, the City of Delray Beach, the Chamber of Commerce, DDA and private property owners. Funding Sources • The CRA will fund the costs of part-time administrative assistance. • The CRA and the City will fund the development of public and public/private parking lots. • Continuation of the infrastructure improvements and establishment of the Cannery Row arts project will be funded primarily by the CRA and City, with other possible sources being grant funds. • The CRA's Site Assistance program is available to provide additional assistance to businesses who wish to improve exterior conditions of their property. 59 Project Schedule • Implementation of the program began in FY 1993/1994 and is ongoing. B. GROUP 2: REDEVELOPMENT PROJECTS #2.1: "NW & SW 5th Avenue Beautification (For associated map, see Appendix "D"Map C) Background This project encompasses the three commercially-zoned blocks of 5t" Avenue between Martin Luther King, Jr. Boulevard (NW 2nd Street) and SW 1St Street. In the days of segregation the SW/NW 5t" Avenue area was a thriving commercial and institutional corridor in the heart of the City's African American neighborhood. The area began to decline in the 1970's and in the 1980's, the County provided funding for the two-block beautification of NW 5t" Avenue. Unfortunately beautification involved the elimination of on-street parking, which negatively affected area businesses. Over time several of the businesses left and the street became neglected and unsafe. The objective of this program is to revitalize the corridor into a thriving district for neighborhood businesses and cultural activities. It also became necessary to remove the trees along NW 5t', Avenue, since they blocked the sidewalk and caused the street to be out of compliance with the Americans with Disabilities Act (ADA). In 2003 the CRA contracted with the engineering firm of CH2M Hill and Miami artist Gary Moore to create a new streetscape for the corridor. Several meetings were held at St. Paul's Church on NW 5t', Avenue, attended by local residents, business owners, and property owners who shared stories about the neighborhood's past as an agricultural area and later as a thriving minority business district. From these meetings Gary Moore developed a plan for a new streetscape. It included sidewalks made of rough terrazzo in patterns that reflect the history of the area. Bronze inserts depict the various neighborhoods along the street such as "Frog Alley" and "The Sands." New street lamps were manufactured to coordinate with the sidewalk colors. Due to the narrow width of the street right-of-way, the new landscape plan provided primarily palms and ground covers. The plan included the restoration of parking along one side of the street (varies depending on the location), and the relocation of several back-out parking spaces. The streetscape was completed in 2007, including the terrazzo sidewalks, bronze inserts, decorative lighting and banners. In addition, the alleyway was paved and most of the parking spaces that previously backed out onto NW 5t" Avenue were relocated behind the buildings. The CRA plans to assist in the renovation of the area in front of the community store located at NW 5t" Avenue and MLK Drive (Hammad Shoppes) where several parking spaces were removed. In addition, the CRA acquired two blighted buildings located at 133 and 135 NW 5t" Avenue, and is restoring them to provide affordable housing (both rental and owner occupied) and low-cost office space. The remaining work that needs to be completed is to provide street furniture (i.e. benches and trash cans), improve the amount and condition of public parking in the area, and provide alley access to the rear of buildings wherever possible in order to maintain apedestrian-oriented corridor along Stn 60 Proiect Objectives • Eliminate blighted conditions along SW/NW 5t" Avenue. • Encourage minority business development. • Provide a catalyst for future development on adjoining blocks of West Atlantic and further minority business development. • Create and maintain a safe and lively pedestrian-friendly corridor. • Provide diverse neighborhood shopping, services, and cultural facilities for area residents and visitors. • Promote the area's historical and cultural significance through the support of cultural facilities and public art. • Creation of jobs. • Provide parking to serve the area's businesses and institutions. • Improve alleyways where available to provide rear access to buildings, and acquire property to create alleyways where necessary for access. Proiect Description • Removal of existing paver brick sidewalks, trees and lighting, and back-out parking where feasible (completed 2007). • Installation of new streetscape to include a combination terrazzo/colored concrete sidewalks, coordinated street lights, bronze inserts, landscaped nodes, on street parking, transit stops, benches and waste receptacles (completed 2007). • Installation of paved alley, including parking spaces where feasible, between NW 4t" and Stn Avenues, between NW 1St and MLK Jr. Blvd. (completed 2007); acquire property necessary to provide alley access in the area between NW 5t" and 6t" Avenues, south of NW 1St Street. • Where feasible, development and/or improvement of off-street parking facilities to serve businesses and cultural institutions in the area -the CRA may partner with private property owners or the City in the development of these facilities. • Acquisition of property and buildings to eliminate blighting influences and stimulate economic development. • Promotion of the area as a neighborhood commercial center, containing goods and services intended to serve the surrounding neighborhood as well as appeal to a larger market outside the area. The Project is divided into four Phases: • Phase One: streetscape plan prepared and put out to bid; • Phase Two: Installation of new streetscape; • Phase Three: Land acquisition for parking and redevelopment and construction of additional parking and alleyways; • Phase Four: Acquisition and rehabilitation of blighted buildings and/or sale of CRA buildings and property for the new construction or rehabilitation by the private or nonprofit sectors. 61 Project Participants and Administration The remaining aspects of the project will be administered and coordinated by the CRA with input from the West Atlantic Redevelopment Coalition and assistance, oversight, and final approval by the City; • Other participants may include, but are not limited to the Delray Beach Community Land Trust, Palm Beach County, the Center for Technology, Enterprise and Development, Inc., the Delray Beach Housing Authority, area churches, Delray Merchants Association, design professionals, building tenants, and the developer(s) for plaza expansion (new buildings). Funding Sources • The CRA provided funding for Phase One of the project with technical assistance by the City. • Phases Two and Three were jointly funded by the CRA and Palm Beach County with technical assistance by the City. • The CRA's Business Development and Site Assistance Programs are available to provide additional assistance to owners/businesses along the corridor. • Phase Four will be funded by the CRA, City, and the private sector. Project Schedule • Phase One completed summer 2004. • Phase Two completed January 2007. • Phases Three and Four are ongoing. #2.2: FEC Railway Station Background The FEC (Florida East Coast) Railway Station was built in 1896 along the east side of the railroad tracks, immediately south of Atlantic Avenue. It was originally 100' in length and was constructed on site as a Stick-style post and beam frame structure with board and batten walls, two louvered cupolas, and a composition roof with expansive eaves. It included space for a passenger waiting area, offices, and freight storage. The station provided passenger and freight service until it was closed by the railroad in the 1960's. Parts of the building were subsequently demolished, and in 1968 the remaining freight area was split into two sections and moved to separate locations. The larger section was eventually destroyed by fire, but the remaining 40' section was relocated to a farm west of downtown, where it remained until 1995. The Delray Beach Historical Society (DBHS) coordinated volunteers and raised the funds to acquire the building and relocate it back to downtown Delray Beach. The building is currently located on private property known as the Ocean City Lumber site, which includes retail uses, restaurants, and offices. The space that the station sits on is leased by the DBHS, and the lease expires in 2008. While it is possible that the lease may be extended, the station should ultimately be located on public property in order to provide for its long term preservation. 62 Proiect Objectives • Provide for a permanent location and the long term preservation of this important historic structure. Proiect Description • Assist the DBHS and City in finding a suitable permanent location for the FEC railway station. • Assist the DBHS and City in acquiring funds to relocate and restore the structure onto a permanent location in the downtown area. • Assist in the establishment of the structure as a visitor's center or other suitable use that will ensure the long term preservation and maintenance of the building and provide opportunities for the public to visit the structure and learn about its history. Proiect Participants and Administration • Delray Beach Historical Society, City of Delray Beach, CRA, and other entities involved in historic preservation and downtown redevelopment. Funding Sources • State Historic Preservation Office grants, City of Delray Beach, DBHS, CRA. Proiect Schedule • Identification of a suitable site to relocate the structure by spring 2008. • Relocation of the structure to its permanent location by fall 2008, unless an extension to the current lease is granted. # 2.3: Block 76 -Old School Square Expansion and Parking Garage (For associated map, see Appendix "D"Map E) Background Block 76, located between N.E. 1st. and 2nd Avenues, between Atlantic Avenue and N.E. 1st. Street, is adjacent to the Old School Square Cultural Arts Center. During the early 1990's, both this block and the one immediately to the east (Block 84) contained structures in deteriorated condition and uses which had a blighting influence on the surrounding Pineapple Grove neighborhood. A major obstacle to the redevelopment of the area was the lack of adequate parking. Since this was also a problem for Old School Square, the CRA decided to make this the major focus of its initial redevelopment effort Block 76. The CRA purchased the former site of the Pierce Tire Company as well as a property that was associated with the former Ocean City lumber yard on Block 84. These acquisitions were made possible through $500,000 of redevelopment seed money that was authorized under the Decade of Excellence Bond. In 1996, the CRA completed the first phase of parking on Block 76, constructing 131 parking spaces. In 1997, the CRA determined that, due to heightened consumer activity in the immediate area and the surrounding blocks, an additional parking phase should be commenced. The CRA acquired a building located along NE 1St Avenue, the Van Hill property, 63 by eminent domain in order to increase parking capacity. In 2000, Old School Square held a community charrette to determine the future of the facility. These discussions resulted in a plan to expand the Old School Square campus onto Block 76, creating a large urban park. The plan included converting the surface parking lot to open space, and construction of a parking garage at the north end of the block. In addition to replacing the 170+ spaces that currently exist on the site, the garage would also accommodate additional parking for Old School Square, the Pineapple Grove area, and businesses along Atlantic Avenue. The plans for garage also included ground floor commercial space adjacent to Pineapple Grove Way and NE 1St Street. In 2001, the amphitheater and restrooms were constructed. In order to implement the park elements of the plan, several privately owned parcels in the block had to be acquired. The CRA initiated eminent domain proceedings and acquired properties at the north end of the block for the parking garage, and property at the south section adjacent to the alley (former Craige Furniture property) for the parks/campus expansion. In 2004, the City passed a bond referendum for Parks and Recreation projects, including the Old School Square expansion. In 2006, a grant was received from the Florida Communities Trust to help off-set the costs of acquiring properties associated with the Old School Square park. Construction of the 528-space parking garage was completed in November 2007. A community charrette was held on November 17, 2007, to obtain input concerning the design and function of the proposed urban park. The plan will include a water feature and opportunities for active and passive areas and programs. Old School Square continues to function as the cultural anchor for the City and is a major attraction in the downtown area. It struggles with the financial challenges that are typical of nonprofit art & cultural institutions, as it seeks to balance community-based events and programs with revenue-producing activities. Old School Square's central location between East and West Atlantic Avenue provides a unique opportunity for it to play a major role in bringing together the city's various ethnic and cultural groups so that all feel welcome and represented. It is imperative that public and private financial assistance continue to be provided so that programs and activities can be available and affordable to the community at large. This is particularly true as the campus is expanded and more demands are placed on Old School Square's operational capacities. Project Objectives • Promote arts and cultural activities as a means to foster increased economic development within the city center. • Provide a cornerstone for the revitalization and redevelopment of the Atlantic Avenue Business corridor and the Pineapple Grove Neighborhood. • Provide support to enable Old School Square to continue to offer affordable cultural programming for the diverse Delray Beach community. • Create an attraction downtown for both residents and tourists. • Allow for the expansion of the Old School Square campus and the creation of an urban park. • Increase property values within the CBD through the provision of open space, vistas, and a gathering place for downtown visitors and dwellers. • Increase the amount of parking that is available to serve Old School Square and the adjacent commercial areas. 64 Project Description Assemblage of property within the block for construction of a parking structure with retail space, and creation of an urban park. Private users located in the area may make arrangements to pay the CRA or other public or private entity a fee to lease or purchase enough parking spaces to meet City parking requirements for their use. • Strong pedestrian linkages to Old School Square, the downtown and the Pineapple Grove Neighborhood will be established. Continued support of Old School Square's operations and activities as it expands and takes on an even larger significance as the City's cultural anchor. Project Participants and Administration • The CRA was the lead agency in the acquisition of land for improvements in Block 76. Other participants in the redevelopment will include, but are not limited to, the City of Delray Beach, Old School Square, Parking Management Advisory Board, Pineapple Grove Main Street, and property owners within the block. Funding Sources The CRA and City provided the funding for Phases One and Two, using a combination of CRA funds, recreation bond funds, in lieu fees, and grant funds where available. Another possible funding source is through the sale or lease of parking spaces to private property owners. • Funding sources for Phase Three shall primarily be the City, CRA and Old School Square, with additional potential funding sources being grant funds and private contributions. Project Schedule • Phase One: CRA funding to ensure that Old School Square can continue to offer its facilities to community groups and nonprofit organizations at reduced fees began in 2005. Phase Two: Preliminary planning and land acquisition process completed in 2006.Phase Three: Demolition of all structures has been completed and construction of the parking garage with the ground floor commercial space was completed in 2007. • Phase Four: Construction of the public park is anticipated to begin in 2009. # 2.4: South County Courthouse Expansion / Delray Beach Public Library Background The location of the South County Courthouse on West Atlantic Avenue was viewed by the City as a significant opportunity to secure both public and private investment along this important corridor. Due to its potential as a catalyst project on the Avenue, the Courthouse became a cornerstone of the 1986 Community Redevelopment Plan. The City successfully lobbied the County to locate the facility in the West Atlantic Avenue corridor in 1986. Through an Interlocal Agreement that was adopted in 1986 and amended several times in subsequent years, the City and CRA pledged to donate land for the original courthouse building and a future expansion. 65 The $8 million South County Courthouse, Phase One, opened in August, 1990. In fulfillment of its obligations under the Interlocal Agreement, the CRA acquired several properties within the expansion area known as Block #53 (south side of Atlantic Avenue between SW 1St and 2nd Avenues). These included the 7-Eleven/Coin Laundry (1987), asix-unit apartment complex (1987), Discount Auto Parts (1991), and the Norris apartment complex (2001). The CRA intended to have the frontage on Block 53 be a redevelopment site for private commercial development. In 1999, the Delray Beach Library held a planning charrette to study the expansion and relocation of the library, and it was determined that the frontage was the best available site for the new library. Plans were drawn up fora 48,000 square foot facility that includes extensive access to computers, an auditorium and meeting rooms, and a cafe, all of which will help to generate pedestrian activity in the West Atlantic corridor. In 2004, a 355- space parking garage was constructed with County, City, and CRA funds to serve the courthouse and library. Construction of the new library was completed in 2005 and the courthouse expansion will be completed in 2008. Preliminary plans have been presented for a future expansion of the parking garage, the construction of which is dependent upon future demand and funding availability. This parking could be used to meet the demands of businesses and uses in the West Atlantic and Southwest Neighborhood areas, as well as providing parking for activities and events at the tennis center. The library has become an important anchor to the West Atlantic Avenue Corridor and asset to the community as it provides a variety of valuable community services and programs. It is run by a nonprofit board, and while it is located on City property it is not a City facility, and funding is always a challenge. The City supports the library with operating funds and provides exterior maintenance, and the library obtains other funding from state grants and private donations. In 2007, with the budget constraints created by the property tax reform, the City cut back on the library's operating dollars. To stay within budget, the library developed a schedule with reduced operating hours. In order to continue to promote activity and economic development in the West Atlantic area, the CRA agreed to fund a portion of the operating funds so that the library could continue to be open seven days a week and offer the same range of services and activities. The CRA will consider on an annual basis, a commitment of funding in order to ensure that the library can continue to function in this manner. Project Objectives • Improve the physical appearance of West Atlantic Avenue and eliminate blight. • Increase the economic vitality of the West Atlantic corridor through the placement of public facilities that will attract large numbers of people to the area. • Create spin-off opportunities for private sector redevelopment projects and job creation. • Provide public parking, parking for tennis center activities, area businesses, and opportunities for shared parking. Protect Description • A newly constructed 48,000 square foot library will provide services and activities to the public, and help generate activity in the West Atlantic area. • The South County Courthouse will be expanded to the rear of the existing facility. • The courthouse and library will share parking within the existing garage and surface parking lots, with public access provided pursuant to the Interlocal agreement. • Phase Two of the garage will be constructed at a future date depending upon demand and 66 funding availability. Project Participants and Administration • County is responsible for expansion of the Courthouse facility. • Delray Beach Public Library is responsible for construction and operation of the new library building. • CRA and City shall be the lead participants in the construction of Phase Two of the parking garage. Funding Sources • County will fund the expansion of the Courthouse facility, including parking lot construction. • Library, City, CRA, and other sources provided funding for the library construction. • The Delray Beach Public Library, City, CRA and others will participate in funding operational costs of the library to the degree possible. • Potential sources of funding for Phase Two of the garage include in-lieu and other parking fees, other City sources, and the CRA. Project Schedule • Construction of the library was completed in December 2005. • Expansion of the courthouse will be completed in 2008. • Phase Two of the parking garage is dependent upon the level of demand and funding availability. #2.5: Old School Square Cultural Center This project involved the restoration of Old School Square's original buildings and campus for use as an arts and culture center. The project as originally described has been completed (see Appendix "C" for a description off the project). The CRA had committed to provide funding to pay the debt service on the loan for restoration of the 1926 building, which was satisfied in 2007. A separate project in this Plan, #2.3, deals with the expansion of the Old School Square campus and the CRA's continued support for the center. #2.6: Block 60 Redevelopment The redevelopment of the historic homes located at 20 and 24 North Swinton Avenue and construction of the parking lot located on NW 1St Avenue has been completed. (See Appendix "C" for description). The CRA is also investigating expansion possibilities for their current office building, located at 20 N Swinton Avenue, through either relocating a historical building to the site or adding onto the existing Monterey House. Parking spaces within the lot may be made available for purchase on an as-needed basis, at the discretion of the City and/or CRA. 67 #2.7: Carver Estates/Auburn Trace Redevelopment (Villages at Delray) Background Carver Estates, the City's only public housing project, and its surrounding neighborhood are the most distressed areas in the City of Delray Beach. This 200-unit development provided housing for the City's poorest residents for approximately two decades. However, it was found to have structural problems of such a severe nature that it would be more economical to replace the units than to repair them. In 2005, the Housing Authority had a Master Planning Study and a Feasibility Study prepared in anticipation of the redevelopment of the site. Immediately north of and adjacent to the Carver Estates property is Auburn Trace, a 256 unit affordable housing project, which was constructed to provide affordable housing through a public/private cooperative effort utilizing tax credits. These properties are located in the geographic area covered by the Southwest Area Neighborhood Plan, acommunity-based plan that provides a blueprint for revitalization and stabilization of the area. In 2005, the Housing Authority issued a Request for Proposals (RFP) to redevelop their property, possibly as a combined renter and owner occupied development. The proposal submitted by the owners of Auburn Trace (Auburn Group) was selected, which includes redevelopment of the Carver Estates site as well as the Auburn Trace site. The sites are being redeveloped through a partnership agreement between the Delray Beach Housing Authority (DBHA) and the Auburn Group development company. The project, The Village at Delray, will result in more than 1,000 units of new diverse housing choices for a range of income levels and ages, including 212 quality Housing Credit rental apartments for households below 60% of median income (very low income), 52 workforce rental apartments for households below 120% of median income (low to moderate income), and more than 200 owner-occupied workforce housing units. There will also be aneighborhood-oriented business component to serve the community. The original development proposal included a commercial component within the vacant block fronting SW 10t', Street (between SW 12t', and 13t" Aves) and owned by the DBHA. However, the developer has been concerned with the adjacent industrial use (King Marble) and the blighted duplexes, within the block to the west (Northeast corner of SW 10t" St & SW 14tH Ave). Their current condition could have negative impacts on the overall project, as SW 14tH Avenue serves as the southern gateway to the Southwest Neighborhood and proposed Village at Delray community. Given these concerns, the developer has been working with the property owners within the King Marble block to acquire the properties to establish the commercial component (in partnership with the DBHA) which will provide retail, offices, as well as goods & services in close proximity to the Village at Delray community. The vision includes a job training component (approximately 2,500 sq. ft.) to help residents attain quality well-paying jobs. This jobs-creation component of the project will not be feasible without some public participation. The CRA is committed to realizing the community's objectives as articulated in the Southwest Plan, and has dedicated significant resources to this effort. The CRA has committed funding for the next three (3) years in increments of $400,000 per year to the jobs training component of the project. This center will provide job training programs to improve the earning capacity of residents in the new community and the surrounding Southwest neighborhood. The creation of jobs and the opportunity to increase incomes of residents in the southwest neighborhood is an important objective for the revitalization of the area and the enhancement of the residents' quality of life. The CRA's involvement may also include funding assistance to begin construction of the affordable rental housing component as well as down payment subsidies for the workforce housing units. 68 Proiect Objectives • Revitalization and stabilization of the neighborhoods in the southwest area. • Improve the quality and condition of housing stock in the area, and provide housing to meet a range of income levels and ages. • Improve and upgrade infrastructure in the neighborhoods. • Enhance the beauty and livability of the neighborhood by providing open space and recreational opportunities for residents. • Provide pedestrian linkages between residential, commercial, civic, and recreational areas. • Create jobs and promote economic development. Protect Description • Demolition of Carver Estates Public Housing project and development of new mixed income community that will provide housing for low and moderate income families as well as market rate housing . • Inclusion of recreational and community components including an employment training center. • Beautification of SW 12t"/Auburn/SW 14t" Avenue and streets adjacent to the development. Proiect Participants and Administration • The project will be developed and implemented by the Delray Beach Housing Authority and Auburn Group development team, with assistance from the CRA, the City of Delray Beach and Palm Beach County. • Other participants in the project may include, but are not limited to the Delray Beach Community Land Trust, neighborhood associations, professional consultants and interested residents and businesses. Funding Sources • The Development Team will be the primary funding sources, with CRA and City grants/subsidies as well as grants/subsidies from other entities used to augment local funding. • CRA and others, as appropriate, shall provide funding assistance as it relates to the employment training center component. The CRA may also elect to participate in assisting with funding the beautification of the adjacent rights-of-way. Proiect Schedule • Demolition of Carver Estates Public Housing project to be completed in 2008. • Redevelopment of the Carver Estates property consisting of townhomes and condominiums for mixed income families to begin construction in 2008. • Redevelopment of the south portion of the Auburn Trace property to accommodate the rental housing component phase to begin construction in 2008-2009. 69 • Redevelopment of the north portion of the Auburn Trace property consisting of mixed income townhomes to begin construction in 2011. Street beautification adjacent to the development to be constructed in conjunction with the corresponding phases of the project. Construction of the mixed-use component of the development adjacent to SW 10t" Street, which will contain the employment training center aspect of the project to begin construction in 2010. #2.8: West Settlers Historic District/Spady Museum Background In 1996, the City of Delray Beach created a fifth historic district called the West Settlers Historic District. The area, north of West Atlantic Avenue and bounded on the east by NW 3rd Avenue, on the west by NW 5th Avenue, and on the north by NW 2nd Street (MLK, Jr. Blvd.), is the site of Delray's first churches, Mount Olive Missionary Baptist Church, St. Paul's AME Church (originally Mt. Tabor Church), and the House of God, and Delray's first pioneer family settlement. Many homes in the area date from the early 1900's. A non-profit community organization called "Expanding and Preserving Our Cultural Heritage" ("EPOCH") was formed in 1995 by Delray residents to promote preservation and a cultural museum. EPOCH was instrumental in assisting the City in the creation of the historic district. EPOCH also promoted and assisted with the establishment of amulti-cultural museum on NW 5th Avenue in the heart of the district. The cultural museum is the former home of Solomon Spady, Palm Beach County's first African American school principal. The Spady house was purchased by the City in 1997, and the CRA purchased a vacant lot adjacent to the Spady house and subsequently gave it to the City. The CRA and EPOCH applied, in 1997, for a grant to develop the Spady house into amulti-cultural museum. Both the City and the CRA provided a "seed" grant to develop a plan for the museum. In 1997, the State of Florida awarded the CRA, on behalf of EPOCH, an historical preservation grant to remodel the Spady Museum in the amount of $150,000. In 1999, Palm Beach County awarded the Spady Museum a grant of $100,000. Together with these grants and grants from the City and CRA, the Spady Museum's first phase funding amounted to $400,000. The CRA administered the grants and oversaw the construction work. In 1999, the CRA moved a historic Arts & Crafts style Bungalow to the Spady site. The house, called the "Williams House" will provide space for cultural programs for children and others. Expansion plans include potential acquisition of the property located at 182 NW 5t" Avenue which is adjacent and to the north of the Museum to provide additional space for office and administrative functions. The CRA wishes to encourage the redevelopment within the historic district of both residential and commercial structures while maintaining the historic character of the neighborhood. NW 5th Avenue is the historic, commercial corridor in the district. The inventory of historic homes in the district has been significantly reduced over time as structures fell into disrepair and were demolished. There is a need to provide for the preservation of the remaining 70 homes whenever feasible. In addition, the vacant lots in the neighborhood could be used as sites for displaced historic houses resulting from redevelopment throughout the CRA district. In 2003 the CRA established the West Settler's Advisory Board, acommunity-based board that advises the CRA on activities and funding priorities for the district. The CRA also created a grant program to aid in the restoration of the remaining historic properties in the area. There have been a total of 13 applications received and reviewed by the advisory board. In 2004 the CRA acquired the La France Hotel, a historic structure that in the days of segregation was the only hotel in town where minorities could stay. It is located at 140 NW 4t" Avenue. The hotel has since been restored and expanded upon to accommodate a total of 14 units including 8 studio apartments and 6 one bedroom apartments for low income senior housing. The ribbon cutting ceremony commemorating this occasion was held on November 15, 2007. Another historically contributing structure owned by the CRA is the Franklin House, located at 120 NW 4t" Avenue. In December of 2007, the West Settlers Advisory Board met to review the feasibility of saving the structure from both a practical and economic perspective. Both public and private sources of funding are being considered. The CRA also obtained ownership of the property located at 133 NW 5t" Avenue in 2006. The two-story concrete block and stucco, multi-family structure was designed by architects Samuel Ogren and Charles Toth and constructed in 1959 originally contained nine apartments and one office located on the ground floor. The building has recently been redeveloped and transferred to the City of Delray Beach for the purposes of providing affordable housing in the community. Additional projected redevelopment efforts in the area include two mixed use redevelopment projects located at 135 NW 5t" Avenue and 82 NW 5t" Avenue. Proiect Objectives • Elimination of blighting influences. • Redevelopment of a historic commercial area. • Promote historic preservation and maintain the historic character of the neighborhood. • Encourage a mix of income groups in the residential areas. • Provide sites for historic houses displaced by redevelopment. • Increase economic activity for the West Atlantic area through the establishment of a multi- cultural center. • Increase public and private parking to serve the cultural institutions as well as the private development. Proiect Description • CRA will purchase vacant lots for use for new, low/moderate income housing and for sites for historic homes displaced by redevelopment in the CRA district. • CRA will assist EPOCH and the City in operating and expanding the multi-cultural historic museum and related facilities. • CRA will use various grant programs to promote redevelopment of residential and commercial structures. • Preservation of the La France Apartments as housing for low income elderly. • Acquisition of property along and adjacent to NW 5t" Avenue for redevelopment and parking. 71 Project Participants and Administration • Some aspects of the project will be administered by the CRA; in other cases the CRA will assist the City and other entities in the implementation. • Other participants may include, but are not limited to, the City, EPOCH, WARC, WATT, the West Settlers Advisory Board, the churches in the district, private property owners, and others. Funding Sources • CRA will fund the acquisition of vacant lots for parking, redevelopment, and historic home preservation. • City and CRA will assist, to the extent feasible, the continued development of the Spady Museum and related facilities. • CRA's, Business Development Program, Site Assistance Program and West Settler's Grant Program are available to provide assistance to private property owners. • Other sources of funding may come from grants and private investment. Project Schedule • The project began in FY 1996/1997. • Rehabilitation and expansion of the La France project was completed in 2007. • Grants for rehabilitation of historic structures are ongoing. #2.9: Affordable/Workforce Housing Program Background The Community Redevelopment Agency began to address the issue of affordable housing in 1992, focusing on the development of infill housing on the numerous vacant lots located in the neighborhoods north and south of West Atlantic Avenue. In 1995 the CRA became a partner in the Renaissance Program, which provides single family homes for first time buyers. This program has been extremely successful, resulting in the delivery of more than 170 homes to low and moderate income families. However, in recent years the supply of available vacant lots began to dwindle and land values escalated significantly as a result of redevelopment activity in the neighborhoods and surrounding areas, making it increasingly difficult to deliver affordable housing to eligible families through this program. In addition, the program used down payment subsidies to help make the homes affordable. The subsidies were subject to a mortgage that restricted the resale of the homes for a designated time period (10 years), after which the owners could sell the homes at market value. Eventually these homes were no longer affordable to low/moderate income households, and the amount of the subsidy necessary to bridge the gap between what a buyer could pay and the price of the average home continued to increase. When work began in 2000 on creating a Downtown Master Plan to address redevelopment from I-95 to the beach, participants in the process cited the rising cost of housing as a major concern. Redevelopment efforts in the central part of the downtown had already resulted in substantially higher land values and rents, which had spread beyond the commercial area into the surrounding neighborhoods. In anticipation of the Downtown Master 72 Plan leading to a similar outcome for the West Atlantic area, a subcommittee was formed to address the issue of affordable housing. This group of residents and staff people, who were assisted by the FAU/FIU Joint Center, met on a regular basis to examine methods used by other cities to create affordable housing. Those meetings resulted in a publication by FAU/FIU entitled "Development Without Displacement", which outlined a number of programs and approaches that could be implemented to maintain affordability throughout the redevelopment process. The subcommittee was particularly impressed by results that had been achieved in other cities through the creation of Community Land Trusts (CLT). CLTs ensure long term affordability by continuing to own the land that the units are built on, thereby taking escalating land costs out of the equation. Owners are limited in the amount of return they can receive from their homes upon resale, which also helps to keep costs low. In 2006 the Delray Beach Community Land Trust (DBCLT) was established, and is governed by a nonprofit board comprised of community stakeholders, DBCLT homeowners, and representatives from organizations involved in the delivery of affordable housing. The CRA donated land and provides significant administrative dollars to operate the DBCLT. Another method of increasing the supply of affordable and workforce housing is to provide incentives to developers to encourage them to build affordable units. This can be achieved through measures such as density bonuses, whereby permission is granted to build additional units provided that some of the units are made available to low/moderate income households. This approach was supported by the participants working on the development of the Southwest Neighborhood Plan, to be applied to the RM-zoned area south of Atlantic Avenue to SW 2nd Street. In December of 2004 the City adopted the "Family Workforce Housing Ordinance" providing for density bonuses in the southwest neighborhood, including the Carver Estates property. This ordinance was later amended to expand the areas eligible for the density bonuses to other multi-family zoned areas of the City. In several instances the CRA has combined its objective of eliminating slum and blight with its goal to ensure an adequate supply of decent affordable housing by purchasing neglected multi-family buildings and renovating them. Two buildings on NW 5t" Avenue are undergoing renovation and will be available to low/moderate income households. A third, the La France Apartments (formerly La France Hotel) has been completely renovated and expanded to provide housing for low income elderly tenants. The CRA also provided funding to the Housing Authority to purchase property for the redevelopment of the Carver Estates public housing project, and is also participating in the costs of off-site infrastructure improvements associated with that project (now known as the Villages of Delray). As redevelopment continues on West Atlantic Avenue and into the northwest and southwest neighborhoods, affordable housing issues will need to be addressed in a variety of ways and through partnerships with other agencies and entities. Program Objectives • Stabilize and preserve neighborhoods through redevelopment and the elimination of blight. • Provide decent, affordable/workforce housing for residents who are of very low to moderate income level. • Assist homeowners in relocating as a result of CRA redevelopment projects and land acquisition. • Create housing opportunities for a mix of ages and income levels within the CRA district. • Encourage the creation of affordable housing by the private sector. 73 Proiect Descriation • Establish partnerships with other agencies and entities such as the City of Delray Beach, the Delray Beach Housing Authority, the Delray Beach Community Land Trust and others as appropriate to combine land, funding, and other resources for affordable/workforce housing delivery. Acquire property for the construction of new affordable/workforce housing, to be developed either privately through an RFP process or by the CRA in partnership with other housing providers; acquisitions will focus primarily in the Southwest Neighborhood, where the land values and zoning offer the most feasibility for maintaining affordability; a particular focus will be the acquisition of additional properties in the 100 block of SW 14t" Avenue in order to upgrade housing conditions in the area and create new affordable housing. • Provide relocation assistance as necessary for residents displaced through the CRA's redevelopment projects. • Provide subsidies to assist income-qualified buyers in obtaining affordable housing. • Include an affordable/workforce housing component in the redevelopment of the CRA- owned properties located on the south side of W. Atlantic Avenue between SW 8t" and SW 10t" Avenues (SW 9t" Avenue properties), and at other CRA-owned locations where appropriate. • Support programs and mechanisms that ensure long term housing affordability, such as the Delray Beach Community Land Trust. • Support zoning changes and LDR amendments that will help to create affordable housing that is compatible with and complementary to adjacent neighborhoods. • Make funding available for the substantial renovation and rehabilitation of existing affordable units, particularly where such renovations include the removal of parking that backs out directly onto streets, fagade upgrades, and landscape improvements. The CRA may also provide architectural assistance and infrastructure improvements (i.e. creation of an alley to relocate parking to the rear) as a part of this program. In exchange for the assistance, owners must agree to maintain affordability over a specified time period. Proiect Participants and Administration • Participants include the CRA, the City, the Housing Authority, the DBCLT, other local nonprofit agencies, the County, and others as appropriate. • Private developers and landowners will also be involved. Funding Sources • Potential funding sources include the participants named above. Proiect Schedule • Acquisition of properties along SW 14t" Avenue is ongoing. • Delray Beach Community Land Trust established 2006 -CRA support is ongoing. • Affordable housing incentives (density bonus program) adopted in 2004; amendments to be made as needed. • RFP for the SW 9t" Avenue properties to be awarded in 2008. 74 • Additional acquisition and redevelopment of land for affordable/workforce housing to be ongoing. #2.10: Carver Square Neighborhood (For associated map, see Appendix "D"Map G) Background Carver Square is a residential subdivision within the Southwest Neighborhood that is bordered by SW 2nd Street to the north, SW 3rd Street to the south, SW 7t" Avenue to the east and SW 8t" Avenue to the west, bisected by both SW 2nd Court and SW 2nd Terrace. The subdivision comprises a total of thirty lots, each approximately 5,300 square feet in size. Engineering reports conducted in the project area indicate that there may have been a pond covering a portion of the site in the 1950's, and that the site was utilized as an informal dump in the 1960's. It appears that the area to the north of SW 2nd Court was developed in the 1960's and that the lots to the south of SW 2nd Court were developed during the mid 1970's. The area's newest homes were built in the early 1980s. Accurate and specific details as to the exact location of the dump site and pond have been difficult to obtain with the majority of information being supplied through aerial photographs, soil analysis and geotechnical research, building records as well as verbal communication with area residents and city personnel. As a result of previous land uses, the homes built on these lots began experiencing settlement issues in the mid to late 1980's. In 1988, the City of Delray Beach contracted Nutting Engineers of Florida to conduct a detailed site assessment and geotechnical investigation of the neighborhood area. The engineering report specified the conditions of the soil and the effects of the instability to the existing structures. The report also provided recommendations as to mitigation methods to prevent or at least lessen the ongoing effects of the settling soil. Since 1988, the soil has continued to settle, with the extreme cases resulting in the condemnation and razing of several homes. The condition of many of the homes reflected major soil settlement and structural damage. The majority of the houses experiencing extreme instability and structural damage were located between SW 2nd Court and SW 3rd Street. The homeowners exhausted all legal avenues of liability compensation and structural mitigation. The low to moderate incomes of these residents added to the financial burden these soil conditions have caused. In 2004 the City asked the CRA to address the conditions in Carver Square. On February 24, 2005, the CRA Board approved a purchase plan for the acquisition of both the houses and vacant lots within the designated area for the Carver Square Neighborhood (between SW 2"`' Ct. and SW 3rd St.). At the same meeting the Board directed staff to begin individual discussions with the home owners in order to determine the specific amounts and levels of assistance needed by the property owners in order to find suitable replacement housing. The discussions resulted in the development of the relocation plan which was initially approved at the April 28, 2005 meeting of the CRA Board. Under the plan the residents had until April 28, 2007 to completely vacate the premises. The plan has been implemented successfully. By the end of 2006 the vacant lots and remaining homes which had incurred structural damage as a result of settling issues were acquired by the CRA. The structures have been demolished and the soil remediation plan put into place under Florida's Brownfield Program to ultimately stabilize the sub-surface conditions. The estimated commencement date to break ground on the soil remediation is April 2008. The CRA is projected to then issue an RFP for the purposes of developing affordable single family homes on the lots. 75 Proiect Objectives • Eliminate the condition of slum and blight in the neighborhood caused by the soil settlement problems. • Provide an opportunity for the existing residents/home owners to obtain replacement housing (completed). • Remediate the affected soil area in order to provide land for future housing or green space. Proiect Description • Project is located within the affected areas including, but not limited to, the properties bordered on the north by SW 2nd Street, the south by SW 3"' Street, the east by SW 7tn Avenue and the west by SW 8t" Avenue. • Phase One included the conducting of soil tests to examine the content and stability of the soil and to assess if there are any environmental hazards. Based upon the outcome of the tests, and the estimated cost to address the problem, the CRA board decided to proceed with Phase Two. • Phase Two and Three of the project involved the determination of a strategy for addressing the problem. This Phase included: o Acquisition of damaged homes and vacant lots (refer to Appendix for map). o Home owner relocation assistance. o Site improvements and remediation of the soil utilizing stabilization materials and methods specified by geotechnical engineers. o Financial assistance in the form of loans or grants for the remediation of privately owned properties. • Phase Four will include construction of new affordable housing units as conditions allow. Protect Participants and Administration • The project will be administered and coordinated primarily by the CRA. • Participants in Phase One included the CRA, the City of Delray Beach and the Florida Department of Environmental Protection (FDEP). • Participants in Phases Two and Three included the Delray Beach Community Redevelopment Agency (CRA), the TED Center, the Delray Beach Community Development Corporation (CDC), Florida Department of Environmental Protection (FDEP) and the South Florida Regional Planning Council (SFRPC). • Phase Four participants may include the CRA, the Delray Beach Community Land Trust (CLT), the City of Delray Beach and Habitat for Humanity. Funding Sources • The CRA and the Florida Department of Environmental Protection (FDEP)-provided funding and testing services for Phase One. • Funding sources for Phase Two and Phase Three may include the CRA, City of Delray Beach, the South Florida Regional Planning Council (SFRPC), the Delray Beach Community Land Trust (CLT) and Habitat for Humanity. 76 Project Schedule Phase Two: Complete. Phase Three: Residents were relocated by the April 2007 deadline established under the relocation program. The structures have been demolished and the soil remediation plan put into place under Florida's Brownfield Program to ultimately stabilize the sub-surface conditions. • Phases Three and Four: Project scheduled for completion by 2008 -Soil remediation and transfer of the lots to the Delray Beach Community Land Trust (CLT) for affordable housing development of single family units. #2.11: Cultural Loop/Martin Luther King Jr. Drive Background The Delray Beach Cultural Loop was initiated in 2003 by Pineapple Grove Main Street, a non-profit art district, in conjunction with the Delray Beach Cultural Alliance. The purpose for establishing this route of cultural influence was to provide an opportunity to showcase the history and culture of Delray Beach in those areas both East and West of Swinton Avenue. The route generally consists of: NW 2nd Street (Martin Luther King, Jr. Drive) and NE 2nd Street to the north, NE 2nd Avenue (Pineapple Grove Way) and SE 2nd Avenue to the east, SE and SW 2nd Streets to the south, and NW and SW 5t', Avenues to the west. The idea is to develop a walking trail and riding tours to visit and become aware of the history of the people, commerce, and nature of Delray Beach contained around and near the Cultural Loop. streetscape improvements have been completed along the Cultural Loop. The most significant are the improvements to the NW/SW 5'" Avenue corridor and the Pineapple Grove Arts District. The segments of the Loop in the commercial areas are being improved as redevelopment has occurred. However, additional attention is needed along the residential segments of the Loop, especially Martin Luther King, Jr. Drive and SW 2nd Street. A related project is the beautification of the Martin Luther King, Jr. Drive corridor from the Intracoastal Waterway to the I-95 sound barrier wall. The section of the road between Pineapple Grove Way and NW 5", Avenue is included in the Cultural Loop, so there is some overlap between the projects. The MLK beautification is being spearheaded by a planning committee comprised of residents, property owners, and City and CRA staff. It is also being funded by the CRA and the City. The plan generally consists of various streetscape improvements and public art elements to signify the culture and heritage along Martin Luther King, Jr. Drive. The planning committee has segmented the project identified above into six (6) different study areas for the members to review, assess needs and provide feedback. The needs identified included public art, streetscape beautification, traffic calming, lighting, and signage. A list of priorities was then established within each of the different study areas and presented to the City's Department of Community Improvement, which will produce a conceptual plan and preliminary cost estimates. Project Objectives • Elimination of blighting influences. • Provide for better pedestrian circulation and connectivity between the cultural institutions of downtown Delray Beach. 77 • Improve on visual and aesthetic appearances of the area around established cultural icons within the downtown area of the City thus attracting pedestrian traffic to the area to stimulate economic activity. • Installation of art displays and features along the Cultural Loop. Protect Description • Improve the street appearance by beautification. • Improve pedestrian and vehicular safety through the installation of traffic calming measures as well as the installation of lighting and sidewalks, where needed. • Upgrade drainage where needed. • Acquire property along the Cultural Loop and Martin Luther King, Jr. Drive, as needed to accommodate components of the streetscape beautification plan. Project Participants and Administration • Most aspects of the project will be administered in cooperation with the City and other entities in the implementation. • Other participants may include, but are not limited to, the City, EPOCH, Delray Old School Square, Delray Beach Cultural Alliance, Delray Art Advisory Board, WARC, Pineapple Grove Arts District, the West Settlers Advisory Board, and others. Funding Sources • The City and CRA will provide funding for preparation and implementation of the plan, including any outside consulting services that are necessary. • Other sources of funding include Palm Beach County, as well as public and private grants. Project Schedule • The project began in FY 2003/2004. • Completion and approval of the of the Martin Luther King Jr. Drive streetscape beautification plan is anticipated in 2008. • Implementation of the Martin Luther King, Jr. Drive streetscape beautification is scheduled to begin in 2009. C. GROUP 3: COMMUNITY IMPROVEMENT PROGRAMS # 3.1: Curb Appeal Residential Improvement Program Background The Curb Appeal Residential Improvement Program was created in 2007 in order to address a need for property improvements in residential areas within the CRA District. The program helps eliminate slum and blighted conditions by providing financial assistance for exterior improvements to property owners in the Northwest and Southwest neighborhoods. Minor improvements, such as fresh paint, landscaping, and driveway repairs, have the potential 78 to dramatically impact the visual appearance of single-family units and their surrounding areas in a positive manner. Program Objectives • Enhance the physical appearance of residential structures within the CRA District. • Eliminate and prevent the spread of slum and blighted conditions. • Increase property values in residential neighborhoods within the CRA District. • Stimulate private investment in residential areas within the CRA District. • Stabilize residential areas within the CRA District by encouraging owner-occupancy and long-term tenancy. Program Description • Expenses for minor exterior improvements are eligible under the Program, as determined by the CRA board. • The program will be available in the Northwest and Southwest Neighborhoods of the CRA District; specific priority areas within these neighborhoods may be designated by the CRA board. • Owner-occupied and tenant-occupied single-family units that meet established requirements will be eligible to receive assistance through the program. • The CRA Board will maintain policy guidelines regarding award limits, income eligibility, eligible improvements, and designated priority areas. Program Participants and Administration • The CRA and City will collaborate to market the program in the CRA District and any designated priority areas. • The program will be fully administered by the Community Improvement Department within the City of Delray Beach. • The CRA Board will approve final grant applications and funding amounts for each grant awarded. • Other participants include contractors, property owners and the City of Delray Beach. Funding Sources • The CRA provided an initial $50,000 allocation for FY 2007/2008. • Additional program allocations will be determined annually during the budget process or at the discretion of the CRA on an as-needed basis to maintain program funding. Program Schedule • The Program was implemented in FY 2007/2008 and is ongoing. 79 # 3.2: Site Development Assistance Program Background Redevelopment projects occurring within the CRA District have the potential to greatly impact both physical and economic conditions within the greater Delray Beach community. Many publicly funded redevelopment projects, including infrastructure improvements and street beautification projects, can provide substantial benefits to an area, but additional redevelopment initiatives must be funded by the private sector. In order to promote these redevelopment efforts, the CRA allocates funds annually to provide limited financial assistance for privately funded projects. The Site Development Assistance Program acts as an incentive for site development improvement within the CRA District, including exterior building upgrades and building expansions. Program Objectives • Encourage private redevelopment initiatives by providing assistance for redevelopment of sites and buildings within the Community Redevelopment Area. Program Description • Provision of grants for partial reimbursement of expenses related to the upgrading or expansion of projects in the CRA district. • In order to assist projects that help to fulfill objectives related to the provision of affordable housing, the CRA may also provide grants to developers paid in annual installments, equal to a percentage of the Tax Increment Revenue received by the CRA due to the increased assessment on the property. • The CRA Board will maintain policy guidelines regarding grant limits, annual payment amounts (based on percentage of TIF revenue), and time frame over which grant is to be paid. • CRA grant funds can be used as a match for other grant programs, such as Palm Beach County's Development Regions Grants, when those programs are available. • Use of the allocated funds for individual projects throughout the CRA area is solely at the discretion of the CRA. 80 Amazing Creations florist (before) Amazing Creations Florist (after) Program Participants and Administration • The program is administered by the CRA. • Other participants may include, but are not limited to, the City of Delray Beach, property owners and project developers. Funding Sources • The CRA will provide the funding for the program. • Program allocations shall be determined annually during the budget process or at the discretion of the CRA. Program Schedule • Program was implemented in FY 1991/1992 and is ongoing. # 3.3: Community Activities Sponsorship Program Background Since its creation in 1985, the Community Redevelopment Agency has been asked to participate in and/or provide funding for a number of events and programs that help build a sense of community in residential neighborhoods or stimulate economic development in the business districts. Expenditures for community projects and events which further the goals of the CRA are necessary from time to time in order to maintain and promote the CRA's role in community redevelopment. Program Objectives • Maintain a positive and involved role within the community. • Further the goals of the CRA through support of and participation in community initiatives and activities. • Support events and activities that draw people to the downtown area and help stimulate economic development in the business district. Program Description • CRA will provide sponsorship funds for events and programs that further the CRA mission. • Small grants will be provided to cover a portion of the costs of an event or program benefiting and identified population in the CRA District. • Promote and sponsor community events, projects and programs which will lead to stabilization and expansion of the economic environment within commercial areas, revitalization and rehabilitation of the existing housing supply, build community pride and cohesiveness, or further other basic goals of the CRA. Program Participants and Administration • Sponsorship funds are administered by the CRA. • Other participants may include, but are not limited to, community groups and organizations, public bodies and private not-for-profit corporations. 81 Funding Sources • The CRA will provide the funding for the program. Program allocations shall be determined annually during the budget process or at the discretion of the CRA. Program Schedule • Program was implemented in FY 1991/1992 and is ongoing. # 3.4: Downtown Transit System -The "Downtown Roundabout" Background In 1985, the Atlantic Avenue Task Force presented a report to the City Commission which outlined a list of proposed physical improvements along the Atlantic Avenue Corridor. One of the improvements discussed was the use of a tram system to connect the downtown area to A1A. The notion of a downtown shuttle was further emphasized in the City's Comprehensive Plan, which states that the City and CRA will work together to establish a plan for an in-town shuttle system to serve the downtown, Tri-Rail, and the beach. In 1992 the CRA commissioned FAU/FIU Joint Center for Environmental and Urban Problems to give its recommendations on the development and operation of a trolley system in Delray. The report, entitled, "A Downtown Trolley: An Alternative Transportation Mode in the City of Delray Beach", recommended a free, three-trolley system, however funding was not available at the time to implement it. In 1995 the City worked with the Florida Department of Transportation to create a Transportation Concurrency Exception Area ("TCEA") for the downtown. The TCEA designation was necessary in order to stimulate redevelopment of the downtown without triggering a requirement for road improvements that would be impossible to implement due to right-of-way constraints. In order to provide alternative measures to mitigate traffic impacts, the City committed as part of the TCEA to a plan for inner-city transit. By providing a direct link to the rail station and the beach, a shuttle system will increase the accessibility of the downtown to the residential neighborhoods east of I-95 and others who may wish to utilize the Tri-Rail system for a day at the beach, to visit Old School Square or to shop in downtown Delray. This type of local transportation system can decrease automobile trips throughout the area by enabling people to park in centralized parking facilities downtown and travel to other sections without having to use a car. In 2004, the City was successful in obtaining a commitment of grant funds from the Metropolitan Planning Organization (MPO) for a shuttle system to run from the Tri-Rail station to the beach at various intervals, both during the week and on weekends. The CRA committed matching funds for the project. Unfortunately the grant funds required compliance with certain federal labor provisions which adversely affected the feasibility of implementing the project. The City and CRA decided to go ahead with the shuttle, and split the costs without using the grant funds. The shuttle service, which is offered to riders free of charge, currently operates with two vehicles traveling from Tri-Rail to the beach. Program Objectives • Develop an alternative means of transportation between the Tri-rail station and the beach along Atlantic Avenue. 82 • Increase market appeal of the downtown, both to visitors and to new businesses. • Limit automobile traffic trips within the downtown to increase mobility. • Provide additional transportation system for low and moderate income riders in order to facilitate employment opportunities. • Provide an alternative means of transportation in and around the downtown for the elderly. Program Description • Phase One shall be the implementation of the shuttle system for athree-year period pursuant to the stipulations in the grant agreement between the City and the MPO. • Phase Two shall be an assessment of ridership and determination of future system needs and funding sources. Program Participants and Administration • Participants in the project may include, but are not limited to, the City, CRA, and MPO. • Other participants may include the DDA and the Chamber of Commerce, Downtown Marketing Cooperative, Palm Tran, and State and Federal agencies. Funding Sources • Funding for the initial operation during the grant period shall be by the City, the CRA, and the MPO. • Funding sources for a full scale system shall be determined. Program Schedule • Phase One began in 2007 and is ongoing. • Phase Two began in 2007 and is ongoing. # 3.5: Business Development Program Background Increasing economic activity within the Community Redevelopment Area is a major objective of the overall Community Redevelopment Program. CRA investments in local business opportunities can have positive impacts on employment, the tax base, and the physical environment, all of which are positive steps toward the elimination of slum and blighted conditions. While many other CRA programs seek to increase economic activity within the CRA district, the Business Development Program focuses its efforts on generating and sustaining business activity. The primary goal of the program is to facilitate small business development and generate job growth within the Community Redevelopment Area, particularly in the West Atlantic Redevelopment Area. The program is designed to encourage and assist small businesses by subsidizing their rent during their critical first year of operation. It provides additional benefits to the local economy by reducing the amount of vacant commercial space within the area. Higher occupancy rates not only improve the overall appearance of the area, but also contribute to the 83 development of a critical mass of activity, through which individual business operations help attract customers for each other. Program Objectives • Provide economic stimulation to the area. • Increase business opportunities. • Increase employment opportunities. • Decrease vacancy rates of commercial space within the CRA District, particularly in the West Atlantic Redevelopment Area. • Reduce slum and blighted conditions. Program Description • CRA will pay a portion of the business's rent for twelve months during the first eighteen months of a multi-year lease. • The CRA Board shall maintain policy guidelines regarding types of assistance, the area served, funding limits and eligibility requirements. • In general, assistance will be reserved for uses that reinforce and further the redevelopment strategy and goals for the respective geographic sub-area and for businesses that conform to the City's Land Development Regulations. • The CRA Board maintains the right to make decisions on a case-by-case basis at its sole and absolute discretion. Program Participants and Administration • The program will be administered and coordinated by the CRA. • Other participants include Local, County, State and Federal Agencies, non-profits, private foundations, businesses and landlords. Funding Sources • The CRA will provide funding for the program. • Program allocations shall be determined annually during the budget process or at the discretion of the CRA. Program Schedule • The program was implemented in FY 1994/1995 and is ongoing. #3.6: Historic Facade Easement Program Background The preservation of historic structures in the Community Redevelopment Area is a major objective of the overall redevelopment program. Historic preservation is important both economically and culturally and can be used as a tool to eliminate slum and blighted conditions. Historic downtowns are generally more successful if their buildings are preserved, rather than demolished. A well preserved historic downtown can be marketed as a unique place for people 84 to work, shop, eat and congregate, which enhances the social and economic vitality of the area and increases the property tax base. The Historic Facade Easement Program allows the CRA to use historic preservation as a redevelopment tool. Through this program, the CRA may purchase the facade of a historic structure for a portion of the cost of exterior improvements or structure relocation. The property owner benefits by initiating exterior improvements at a fraction of the total cost. The public receives the benefit of the resulting physical improvements and the preservation of an historic structure serving as a linkage to the past. Unless located within a designated historic district, the building owner is required to designate the building as a historic site with the City of Delray Beach. The CRA retains ownership and architectural control of the historic facade in perpetuity. Through the Historic Facade Easement Grant Program, the CRA has been able to assist several business development projects throughout the District. Elwood's Diner, formerly the Flamingo Gas Station, used a $25,000 grant toward the successful renovation and adaptive re- use of the historic structure, transforming it from a defunct gas station into a restaurant. The former Masonic Lodge building on East Atlantic Avenue received a $45,000 historic facade grant, which represented 50% of the cost of rebuilding the facade. The CRA also provided three grants, for a total of $200,000, to the Delray Beach Historical Society in support of the relocation and restoration of three historic structures in the Old School Square Historic Arts District. Program Objectives • Provide economic stimulation to the CRA District. • Promote historic preservation. • Encourage infill redevelopment through the renovation of existing structures. • Encourage adaptive re-use of historic buildings. • Prevent the spread of slum and blighted conditions. • Increase employment and business opportunities. • Decrease unoccupied or underutilized commercial space within the CRA District. • Stabilize and increase the property tax base. • Strengthen the viability of historic districts within the CRA District. Program Description • Provide capital to property owners to renovate or relocate historic structures through the purchase of a facade easement, with the purchase money tied to the restoration of the 85 Former Masonic Lodge building, now Yama restaurant 1926 Bungalow restored by the Delray Beach Historical Society facade. • A property owner utilizing the program has the structure designated a historic site as set forth in the City's Land Development Regulations (Section 4.5.1), unless located within an historic district. • All historic structures within the community redevelopment area could be considered for the program including those historic structures that have been moved from outside the area. • Purchase of historic facade easements will be considered by the CRA on a case-by-case basis, subject to available funding. • Facade easement purchase money may be used as a matching fund for other grant funding. • The facade easement is superior to any mortgages. • The CRA retains architectural control over the facade in perpetuity. • The building owner is responsible for maintenance of the facade improvements. Program Participants and Administration • The program will be administered and coordinated by the CRA. • Other participants include the City, the Historic Preservation Board, and property owners. Funding Sources • The CRA will provide the funding for the program. • Program allocations shall be determined annually during the budget process or at the discretion of the CRA. • Other funding sources include public and private entities which provide grants for historic preservation. Program Schedule • The program was implemented in FY 1994/1995 and is ongoing. #3.7: Grant Administration Program Background To facilitate additional investment within the Community Redevelopment area, the CRA will apply for and administer grants which complement the redevelopment efforts of the CRA and the goals of the Community Redevelopment Plan. It is anticipated that this additional investment within the CRA district will result in increased opportunities for residents and have positive impacts on employment, housing, the tax base, and the physical environment, all of which are positive steps toward the elimination of slum and blighted conditions. Program Objectives • Provide economic stimulation to the area. • Increase business opportunities. 86 • Increase employment opportunities. • Increase housing opportunities. • Implement projects outlined in adopted Area-wide and Neighborhood Plans. Program Description The CRA may apply for, accept, provide matching funds, and/or administer grants from Federal, State, and local governmental entities, charitable foundations and groups, and other such organizations as may offer grant funds for the planning and carrying out of redevelopment efforts that support or are consistent with the purposes of the Community Redevelopment Plan. Program Participants and Administration • The program will be administered and coordinated by the CRA. • Other participants include, but are not limited to, Federal, State, and local governmental entities, charitable foundations and entities, and such other organizations as may offer grant funds, and organizations, businesses or individuals who may participate in the program to receive such grant funds. Funding Sources • Federal, State, and local governmental entities, charitable foundations and entities, and such other organizations as may offer grant funds. • At its discretion, the CRA may match grants from other entities. Program Schedule • The Program was implemented in FY 1995/1996 and is ongoing. #3.8: Delray Beach Renaissance (First-Time Homebuyers) Program See Appendix "C" for a full description of this program. The CRA's participation in the Renaissance Program was largely discontinued in 2006 as land costs increased at a rapid pace, and priorities shifted to delivering permanently affordable housing through the Delray Beach Community Land Trust. The GRA may opt to continue providing down payment subsidies as described under #2.10 Affordable/Workforce Housing Program. #3.9: Clean and Safe Program Background The downtown area, along Atlantic Avenue between I-95 and the beach, has been the central focus of a major revitalization effort for several years. The beautification of Atlantic Avenue has contributed to the overall charm of downtown Delray Beach and has added pedestrian appeal to the area. Paver brick sidewalks, decorative lighting, street furniture and landscaping have been installed to make the area more attractive. Parking structures and parking lots have been built in locations convenient to shops and restaurants. Sidewalk cafes 87 have been encouraged to enhance the downtown's appeal. Special events and marketing campaigns have helped generate large numbers of visitors to the downtown as well. This new infrastructure and the increased activity have resulted in the need for increased maintenance and public safety measures to ensure the sustainability of the downtown area. The Clean and Safe Program is designed to build upon previous efforts and set the stage for future initiatives to improve the downtown as a center of business and social activity. Proaram Objectives • Provide economic stimulation and increase investment in the downtown core. • Improve the quality of cleanliness and maintenance in the downtown, including trash removal, streetscape furniture, lighting, landscaped areas, sidewalks, etc. • Ensure public safety and improve perceptions of nighttime safety for downtown visitors. • Increase nighttime activity in the downtown area. • Enhance visual appearance of existing structures and improve pedestrian accesses to parking areas. • Strengthen the relationship between parking areas and destinations for downtown workers and visitors. Program Description The program may include, but is not limited to, the following elements: • The Clean and Safe Area is defined as one block north and south of Atlantic Avenue, from A-1-A to NW/SW 12t" Avenue, Pineapple Grove Way from Atlantic Avenue to NE 4t" Street, NW 5t" Avenue to NW 2"`' Street, and NE 4t', Avenue to NE 2nd Street. • Increased levels of landscape maintenance, lighting, code enforcement and police patrols in the downtown in order to enhance the area's appearance and increase public safety. • Improved signage for wayfinding and destination recognition. • As an enhancement to the City's CBD Alleyway Program the CRA shall coordinate with the City to develop design plans and implement additional improvements to upgrade municipal parking lots, the appearance of building facades adjacent to alleyways, and provide pedestrian access to parking through alleyways. CRA funded improvements may include, but are not limited to, landscaping, lighting, signage, trash disposal and compactor systems, and special paving where appropriate to denote rear shop entrances and pedestrian circulation, as well as assistance to property owners to improve facades that are visible from heavily trafficked alleyways. Program Participants and Administration • The program is to be primarily administered by the City of Delray Beach. • Other participants include the DDA, Chamber of Commerce, and the Downtown Marketing Cooperative. Funding Sources • The CRA is the main source of funding for the program, including City positions necessary for the achievement of established Clean and Safe goals such as police officers, code 88 enforcement officers and supervisors, and public works personnel. • CRA funding allocations shall be determined annually during the budget process or at the discretion of the CRA. • Other funding sources may include the DDA, City, Chamber of Commerce and others, as appropriate. Program Schedule • This program began in 1992 and is ongoing. • CRA funded improvements were made to two downtown Municipal parking lots (Blocks 92 & 109) in FY 1992/1993. • Renovation of the Bridge Tender's house was completed in 1993. • Downtown signage program commenced in 1999. • Funding for concentrated maintenance and safety measures began in FY 04/05. #3.10: Downtown Marketing Cooperative Background During the early 1990s, the downtown business district suffered from high vacancy rates, a shortage of pedestrian traffic, an inactive nightlife, and what was perceived to be an unsafe environment. In 1993 the City, CRA, Downtown Development Authority, and Chamber of Commerce collaborated to create the Downtown Joint Venture, which is now known as the Downtown Marketing Cooperative. The DMC creates, organizes, and manages events and programs that enhance the downtown economy by attracting visitors to the area. The Cooperative uses special committees and merchant groups as a tool to encourage downtown merchants to actively promote their businesses. Over the years, the DMC has proven to be a valuable asset to retail shops, restaurants and special events in the area. The DMC is responsible for the production of four major events each year, including the Art & Jazz on the Avenue series, the July Fourth Celebration, the 100-Foot Christmas Tree, and the "First Night" New Year's celebration. The success of the DMC has made it a benchmark in the industry of downtown promotion and organization. Many cities throughout the nation are now working toward establishing their own organizations and events, modeled after the DMC, in an effort to revitalize their downtown business districts. Program Objectives • Provide economic stimulation to the downtown area. • Support downtown merchants by providing advertising, marketing and other assistance. • Produce and support special events to attract people to the downtown area. • Promote the overall downtown area as a dining, shopping, entertainment and cultural destination. Program Description • DMC Partners provide funds, office space, and supplies for basic staffing and operations. 89 • The DMC Board of Directors will include representatives from the DDA, CRA, City and Chamber. The Board is responsible for approving budgets, expenses, programs and events. • The DMC staff will routinely communicate with merchants and community organizations by distributing printed materials, attending meetings, forming committees, and collecting input. • DMC will actively engage merchants, community organizations, event sponsors and volunteers in special event and marketing campaigns. • DMC is responsible for organizing and producing several activities each year, including Art & Jazz on the Avenue, the July Fourth Celebration, the 100-Foot Christmas Tree, and First Night. Program Participants and Administration • DMC Partners include the City, CRA, DDA, and Chamber of Commerce. • Other participants include, but are not limited to, downtown merchants, media partners, private businesses and non-profit corporations. Funding Sources • DMC Partners will allocate funding and in-kind support during the annual budget process. Partners may choose to allocate additional funds as needed at the sole discretion of each organization. • DMC staff will be responsible for securing additional funds to support special events and programs as necessary, including, but not limited to, corporate sponsorships, private grants, private donations, and in-kind services. Program Schedule • The Joint Venture was established in FY 1992/1993. • The Joint Venture became the Downtown Marketing Cooperative in FY 2005/2006 and is ongoing. ~~~. PROGRAM OF REGULATORY ACTIONS The following section describes the changes to existing City regulations that will be required to implement the Community Redevelopment Plan. Unless otherwise described below or on Figure 5, building height, density, setbacks, and site development requirements are intended to remain as they presently exist in the various City zoning districts, and future land uses are to be consistent with the City's Future Land Use Plan and the Comprehensive Plan's Future Land Use Element policies. A. Comprehensive Plan and/or Zoning Amendments • Amend the Zoning District Map from R-1-A (Single Family Residential) and RM (Medium Density Residential) to CF (Community Facilities) for various parcels located to adjacent CBD-zoned properties in the West Atlantic corridor and along NW/SW 5t" Avenue in order to provide for parking areas. These changes are to be processed on an as-needed basis concurrent with redevelopment. 90 Amend the Land Development Regulations to provide incentives to assist in transforming the Pineapple Grove Area to an Arts District, which provides employment and housing for artists. • Consider revisions to the Land Development Regulations that support innovative approaches to providing parking, such as mechanized parking systems. 91 PART FIVE: THE COST OF REDEVELOPMENT The following table contains an estimate of total public cost to the City, the County, the CRA or other agencies of the City for redevelopment projects/programs and for capital improvements within the CRA District. Cost projections for on-going long term programs are given for afive-year time period only and will be amended accordingly as this plan is continually updated. TABLE 5-1: CITY, CRA & COUNTY FUNDED CAPITAL PROJECTS AND MAJOR PROGRAMS IN CRA DISTRICT - 2008 THROUGH 2012 Pro'ect Name Public Cost Downtown -Beach Area • E. Atlantic Avenue resurfacing 92,000 • Mast arms - A1A and E. Atlantic Ave. 300,000 Downtown -Core Area • US 1 Corridor beautification & traffic calmin 5,200,000 • One-wa b pass conversion NE/SE 1St Sts. -traffic si nals 200,000 • SE 2~d St. -Swinton to FEC 348,500 • NE 2~d St. sidewalks -FEC to NE 4th Ave. 108,000 • Gladiola Pk .lot beautification SE 6th Ave> 288,000 • Old Librar Site redevelopment 315,000 • Veteran's Park master plan 45,000 Downtown -West Atlantic Avenue Area • West Atlantic Avenue beautification 2,550,000 • Cultural Loop/MLK Drive beautification 500,000 • SW 1St Ave. W. Atlantic to SW 1St St. 413,000 • Gatewa Feature 1,500,000 • Land Acquisition & Redevelopment 5,000,000 • Fire Station #1 Court and & plaza 577,500 Nei hborhoods • Osceola Park Nei hborhood traffic calmin , alle s, beautification 4,300,000 • SW Neighborhood Plan (parks, job training center, street beautification, Carver Square remediation 13,000,000 • La Hacienda trees, sidewalks 100,000 West Settlers housin renovations & relocation, streetscape 2,300,000 S. Swinton roundabout at SE/SW 4th St. 402,000 Seacrest Blvd. reconstruction 417,000 NW 1St Ave. park Cit Att .Block 80,000 Affordable Housing (CRA -donation of land, new land acquisition, subsidies, buildin acquisitions and renovations, administrative support 7,500,000 Grant pro rams CRA 1,900,000 Downtown marketin & promotions DMC & Green Market 1,800,000 Other • Dixie Hw ./U.S. 1 connector road 40,900 • Downtown Shuttle 2,000,000 • CRA nonprofit support Old School Square, Librar , Spad Museum 3,310,000 Water/Sewer improvements 12,573,000 Drains a improvements 2,699,000 CDBG Pro ram 2,300,000 TOT:1L 72,158,900 92 SOURCES OF REDEVELOPMENT FUNDING AND FINANCING The following section provides a general review of potential sources of funding for redevelopment programs, and a description of the funding sources applicable to each of the improvements or projects identified in the plan. In general, a variety of financing options are presently available to the Community Redevelopment Agency and the City of Delray Beach. Among these are the following: A. Tax Increment Revenues Tax Increment Revenue is typically the major source of funding for redevelopment projects under the State of Florida Community Redevelopment Act. This increment, which is determined annually, is equal to 95% of the difference between: the amount of ad valorem taxes levied each year by each applicable taxing authority on taxable real property within the Community Redevelopment Area; and, the amount of ad valorem taxes that would have been produced by the current millage rates prior to establishment of the Redevelopment Trust Fund. Both of these amounts are exclusive of debt service millage of the taxing authorities. The ability of the Community Redevelopment Agency to utilize this funding method requires two key actions, both of which have been implemented: • The establishment of a redevelopment trust fund as required by FS 163.387 as the repository for increment tax funds, and; • The provision, by ordinance of the City, for the funding of the redevelopment trust fund for the duration of the Community Redevelopment Plan. B. Redevelopment Revenue Bonds The provisions of F.S.163.385 allow the City of Delray Beach or Community Redevelopment Agency to issue "Revenue Bonds" to finance redevelopment actions, with the security for such bonds being based on the "anticipated assessed valuation of the completed community redevelopment." In this way, the additional annual taxes generated within the Community Redevelopment Area, the "tax increment", is used to finance the long term bond debt. Prior to the issuance of long term revenue bonds, the City or Community Redevelopment Agency may issue bond anticipation notes to provide up-front funding for redevelopment actions until sufficient tax increment funds are available to amortize a bond issue. In a September 2007 decision by the Florida Supreme Court (the "Strand" decision) concerning the use of TIF dollars for a road project in Escambia County, the court determined that a local government must hold a referendum before authorizing the use of TIF dollars to repay long-term debt. The court provided no details regarding the extent of the required referendum (whether or not it would involve residents of the CRA districts only, or residents of the City and County due to the fact that TIFs are derived from City and County tax dollars). The decision has had a chilling effect on the use of financing mechanisms for redevelopment projects. An appeal of the case was heard in October of 2007. As of the date of this plan amendment, a decision on the appeal has not been issued. If the decision stands, it is unlikely that the Delray Beach CRA would issue bonds for redevelopment purposes in the future. Holding a referendum, particularly if it is required to be County-wide, would be cost-prohibitive. 93 C. General Obligation Bonds For the purposes of financing redevelopment actions, The City of Delray may also issue General Obligation Bonds. These bonds are secured by debt service millage on the real property within the City and must receive voter approval. The existing "Decade of Excellence Program", which included many redevelopment initiatives, was funded, in part, by a $21.5 million 1990 General Obligation Bond issue, Series 1990 and 1993. In 2004 the City issued $24 million in General Obligation Bonds to fund the creation and/or improvement of a number of recreation and parks facilities throughout the City. Several of the improvements funded by these bonds involved facilities located in the CRA district, including Pompey Park, Catherine Strong Park, Old School Square and the new library. D. Special Assessment Districts The City of Delray Beach could also establish special assessment districts for the purpose of funding various neighborhood improvements within an area or for the construction of a particular project. This funding mechanism was utilized in 1994 whereby a Special Assessment District was set up so that each of the property owner's in the Banker's Row project could be assessed annually over a 10-year period for their share of the cost in the project. This mechanism was also used in association with improvements resulting from the Seacrest/Del Ida Plan and for the Pineapple Grove streetscape. The cost of the improvements in these areas was split between the City, the CRA and the property owners, who were given a choice of paying a one time assessment or making payments over a specified time period (subject to interest). E. Community Development Block Grants (CDBG) Each year the City of Delray Beach receives CDBG grant funds directly from the Federal Government to improve the area designated as the "Community Development Target Area". These CDBG monies are committed to demolition of substandard housing units, housing rehab assistance, and home ownership assistance within the target area which includes much of the Community Redevelopment Area. All of the total funds expended have been for the benefit of very low, low, and moderate income residents and assistance grants to community-based social service organizations. F. Industrial Revenue Bonds (IRB) Industrial revenue bonds may be used to finance industrial, and some commercial projects. The primary emphasis on such projects is the creation of jobs, and as a consequence speculative ventures are not normally financed by this means. Such bonds are typically issued by the County, with repayment pledged against the revenues of the private enterprise being funded. IRB's are tax exempt and consequently are typically 3 percentage points below prevailing interest rates. Such financing has been used effectively in South Florida, but has not been utilized to date to fund improvement projects within the CRA district. G. Land Sales/Leases Acquisition of property and its preparation for development are powers available to the Community Development Agency under provisions of F.S. 163. The resale or leasing of such land to private developers can provide another source of income within the Community Redevelopment Area. 94 H. Contributions and Grants Voluntary contributions by private companies, foundations, governmental entities and individuals are potential sources of income to the Community Redevelopment Agency. Although such contributions may only account for a small portion of redevelopment costs, they do provide opportunities for community participation with positive promotional benefits. Grant funds have been provided by Palm Beach County for a number of CRA projects, including NW/SW 5t" Avenue beautification, the LaFrance Apartments and 133 NW 5t" Avenue rehabilitation, and grants for economic development projects. I. Direct Borrowing From Commercial Lenders or Governmental Agencies The CRA is also authorized to fund redevelopment projects and programs through direct borrowing of funds. Depending on the particular project(s) funding requirements, the CRA may utilize both short and long term borrowing. Although terms and conditions may have a direct bearing on use of a particular commercial lending institution, the CRA will generally attempt to attain the lowest available interest rate. In 2007 the CRA entered into an agreement with the South Florida Regional Planning Council fora 3% loan to fund the soil remediation project at the Carver Square neighborhood. II. FIVE YEAR PROJECTION OF REVENUE & EXPENSES The primary funding source for CRA activities is the Redevelopment Trust Fund. This fund is the depository for all TIF revenues generated within the Community Redevelopment Area. Based on estimates of the current property valuations the rate of private new construction, it is estimated that the total tax increment revenue generated by the redevelopment area will be approximately $70.9 million over the next five year period. It should be noted that in 2007 property tax reform became a major issue of the Florida Legislature. As a result of new legislation future tax collections were rolled back to the 2006 - 2007 levels and then reduced by a specified percentage (9% for Delray Beach). This had the effect of reducing revenues for the City and County, and consequently, for the CRA. In January 2008 voters approved an amendment to the state constitution that will also have the effect of reducing local governments' property tax revenues by doubling the homestead exemption and allowing homeowners to transfer their tax savings from the 3% cap on assessments to a new home. It is uncertain how severely these tax changes and any future proposed cuts will affect the CRA's revenues, but when combined with the recent economic slowdown it is clear that the CRA will not be experiencing the kind of double-digit percentage increases in revenues that were more typical of recent years. Table 5-2 is an estimate of the CRA's projected revenues and expenditures in the coming five years. Revenue estimates have been kept flat to reflect the anticipated changes resulting from property tax legislation and the economic downturn. Since its creation in 1985, the CRA has continued to expand its redevelopment efforts into the surrounding community. In 2004 the CRA issued $10 million in tax-exempt bonds to accelerate several beautification and infrastructure projects in order to insure that such vital roadways as West Atlantic Avenue, North Federal Highway and NE and SE 1St Streets were improved and able to better serve the needs of the downtown and West Atlantic corridor. In 2006 the CRA issued bonds to secure a $7 million line of credit, which was utilized primarily to fund the construction of affordable housing units throughout the northwest and southwest neighborhoods. 95 Projections Table 5-2: CRA 5-Year Projection of Revenues 8~ Expenses Fiscal Year 07/08 08/09 09/10 10/11 11/12 Projected Assessment 1,751,096,851 1,796,164,831 1,796,164,831 1,796,164,831 1,796,164,831 Base Year Assessment 245,631,067 245,631,067 245,631,067 245,631,067 245,631,067 Tax Increment 1,505,465,784 1,550,533,764 1,550,533,764 1,550,533,764 1,550,533,764 Ad Valorem Tax 14,196,091 14,199,523 14,199,523 14,199,523 14,199,523 Revenues Tax Increment Revenues 14,196,091 14,199,523 14,199,523 14,199,523 14,199,523 Land Sales 2,963,470 2,304,000 1,500,000 1,500,000 1,500,000 Loans 3,500,000 - - - - Project Reimbursements 725,000 200,000 50,000 50,000 50,000 Property & Other Revenues 64,000 62,000 62,000 62,000 62,000 Interest Income 150,000 150,000 150,000 150,000 150,000 Total Revenues 21,598,561 16,915,523 15,961,523 15,961,523 15,961,523 Expenditures Debt Service 2,076,350 3,097,801 2,748,160 2,748,160 2,748,160 Operating Reserve - - - - - Project Expense 18,097,499 12,306,818 11,587,363 11,536,130 11,483,105 Property Expenses 191,862 175,888 162,210 162,210 162,210 General &Administrative 1,232,850 1,335,016 1,463,790 1,515,023 1,568,048 Total Expenditures 21,598,561 16,915,523 15,961,523 15,961,523 15,961,523 ~~~. FIVE-YEAR REDEVELOPMENT PROGRAM AND FUNDING ALLOCATIONS This section of the Community Redevelopment Plan provides a five-year funding program for the Planning, Redevelopment and Community Improvements programs and projects that are identified within the Plan. This five-year program is intended to serve as a guide for project implementation and to assist in cash flow management. It is not intended to replace the annual budget adopted by the CRA. Table 5-3 lists estimated project-specific net funding allocations for each CRA project. This table is for planning purposes only and is not a guarantee of expenditure of funds on a given project. Actual project allocations will be determined annually through the budget process. 96 Table 5-3: CRA 5-Year Redevelopment Programming & Funding Allocations Project Name Fiscal Year 07/08 08/09 09/10 10/11 11/12 Redevelo ment Pro ram Areawide & Nei hborhood West Atlantic Redevelo ment 2,823,000 1,108,000 958,000 1,150,000 1,550,000 Downtown-Master Plan 2,905,295 2,065,000 1,845,000 1,000,000 1,000,000 SW Nei hborhood Plan 2,876,266 2,228,000 2,300,000 2,750,000 2,750,000 N. Federal Hi hwa Redevelo ment 100,000 100,000 40,000 - - Osceola Nei hborhood Plan 802,000 602,000 200,000 50,000 - Other-Land Ac /Streets & Alle s 1,155,500 427,500 300,000 100,000 172,845 Redevelopment Pro'ects NW/SW-5th Ave Beautification 1,002,000 602.000 357,000 600,025 550,000 West Settlers Historic District 312,000 352,000 602,000 550,000 500,000 Affordable/Workforce Housin 2,454,500 2,020,000 2,010,000 2,500,000 2,000,000 Carver S uare 505,000 257,500 257,500 - Community Imp & Economic Dev Grant Pro rams 553,000 353,000 353,000 353,000 353,000 Downtown Marketin & Promo 361,523 350,500 361,525 379,601 398,581 Cit Contractual Services 1,198,860 1,157,303 1,318,668 1,384,601 1,453,831 Green Market 21,218 21,855 22,510 23,635 24,817 O erationalAssistance 1.027,337 662,160 662,160 695,268 730,031 Totals 18,097,499 12,306,818 11,587,363 11,536,130 11,483,105 * Does not include administrative, debt service, or property management expenditures 97 APPENDIX A: LEGAL DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AREA 98 Beginning at the intersection of the north right-of-way line of N.W. 4th Street and the east right- of-way line of Swinton Avenue, thence run westerly along the north right-of-way line of N.W. 4th Street to N.W. 4th Avenue; thence run westerly along the north right-of-way line of Lake Ida Road to the east right-of-way line of the E-4 Canal; thence run southwesterly along the E-4 Canal to the east right-of-way line of I-95; thence run southerly along the east right-of-way line of I-95 to the north right-of-way line of S.W. 10th Street; thence run easterly along S.W. 10th Street to the west right-of-way line of S.E. 6th Avenue (U.S. #1 northbound); thence run northerly along S.E. 6th Avenue to the north right-of-way line of S.E. 2nd Street; thence run easterly along said right-of-way line of S.E. 2nd Street, and the easterly projection thereof to the west right-of-way line of the Intracoastal Waterway; thence run northerly along the west right-of- way line of the Intracoastal Waterway to the south right-of-way line of S.E. 1st Street; thence run easterly along the easterly projection of the south right-of-way line of S.E. 1st Street to the east right-of-way line of the Intracoastal Waterway; thence run southerly along the east right-of-way line of the Intracoastal Waterway to its intersection with the westerly projection of the south right-of-way line of Miramar Drive; thence run easterly along the westerly projection of the south right-of-way line of Miramar Drive and along the south right-of-way line of Miramar Drive to the northeast corner of Lot 4 of the Williamson Deibel Subdivision, as recorded in Plat Book 18, Page 55, Palm Beach County Records; thence run southerly along the east lot line of said Lot 4 to the south line of said Williamson Deibel Subdivision; thence run westerly along the south line of said Williamson Deibel Subdivision to the east right-of-way line of Gleason Street; thence run southerly along the east right-of-way line of Gleason Street to the south line of the Dover House Condominium; thence run easterly along the south line of said Dover House Condominium to the west right-of-way line of A1A; thence run northeasterly along the west right-of-way line of A1A to the easterly projection of the north right-of-way line of Lowry Street; thence run westerly along the easterly projection of, the north right-of-way line of, and the westerly projection of the north right-of-way line of Lowry Street to the west right-of-way line of the Intracoastal Waterway; thence run northeasterly along the west right-of-way line of the Intracoastal Waterway to the centerline of the right-of-way of N.E. 1st Court; thence run westerly along the centerline of the right-of-way of N.E. 1st Court to the west right-of-way line of N.E. 7th Avenue; thence run southerly along the west right-of-way line of N.E. 7th Avenue to the south lot line of Lot 15 of Block 115 of Town of Linton Plat as recorded in Plat Book 1, Page 3, Palm Beach County Records; thence run westerly along the south lot line of said Lot 15, and the westerly projection thereof to the east lot line of Lot 5 of Block 115 of said Town of Linton Plat; thence run northerly along the east lot line of said Lot 5, and the northerly projection thereof to the southeast corner of Lot 38 of The Hofman Addition, as recorded in Plat Book 5, Page 3, Palm Beach County Records; thence run easterly along the easterly projection of the south lot line of Lot 38 to the southeast corner of Lot 49 of said Hofman Addition; thence run northerly along the east lot line of said Lot 49 and the northerly projection thereof to the northeast corner of Lot 44 of said Hofman Addition; thence run westerly along the north lot of said Lot 44 and the westerly projection thereof to its intersection with the southerly projection of the east lot line of Lot 14, McGinley and Gosman's Subdivision, as recorded in Plat Book 2, Page 87, Palm Beach County Records; thence run northerly along the southerly projection of the east lot line of said Lot 14, the east lot line of said Lot 14, and the northerly projection of the east lot line of said Lot 14 to its intersection with the centerline of the abandoned N.E. 7th Court right-of-way; thence run easterly along said centerline of N.E. 7th Court right-of-way to the west right-of-way line of N.E. 7th Avenue; thence run northerly along N.E. 7th Avenue to the northeast corner of Lot 45, McGinley and Gosman's Subdivision, as recorded in Plat Book 2, Page 87, Palm Beach County Records; thence run westerly along the north lot line of said Lot 45 and the westerly projection thereof to the southeast corner of Lot 59 of said McGinley and Gosman's Subdivision; thence run northerly along the east lot line of said Lot 59 and the northerly projection thereof to the north line of the Sophia Frey Subdivision, as recorded in Plat Book 4, Page 37, Palm Beach County Records, thence run easterly along the north line of said subdivision to the southwest corner of the Martell Arms Plat, as recorded in Plat Book 37, Page 133, Palm Beach County Records; thence run northerly along the west line of said Martell Arms Plat to the northwest 99 corner of said Martell Arms Plat; thence run easterly along the north line of said Martell Arms Plat to the west right-of-way line of N.E. 8th Avenue; thence run northerly along the west right- of-way line of N.E. 8th Avenue to the north line of Kenmont Subdivision, as recorded in Plat Book 20, Page 65, Palm Beach County Records; thence run easterly along the north line of said subdivision to the west line of the Denery Lane Subdivision, as recorded in Plat Book 23, Page 238, Palm Beach County Records; thence run northerly along the west line of said subdivision to the south line of La Hacienda Subdivision, as recorded in Plat Book 15, Page 6, Palm Beach County records; thence run easterly along the south line of said subdivision to the west right-of- way line of the Intracoastal Waterway; thence run northerly along the west right-of-way line of the Intracoastal Waterway to its intersection with the south town limits of the Town of Gulfstream; thence run westerly along said south town limits to the southerly projection of the east line of Delray Beach Estates, as recorded in Plat Book 21, Page 13, Palm Beach County Records; thence run northerly along the southerly projection of, and the east line of said Delray Beach Estates to its intersection with the east right-of-way line of State Road 5 (U.S. #1); thence run southerly along said east right-of-way line to its intersection with the easterly projection of the south lot line of Lot 20 of Delray Beach Estates as recorded in Plat Book 21, Page 13; thence run northwesterly along the easterly projection of the south lot line of said Lot 20, the south lot line of said Lot 20, and the westerly projection of the south lot line of said Lot 20 to the west right-of-way line of Old Dixie Highway; thence run northerly along the west right-of-way line of Old Dixie Highway to the south right-of-way line of Gulfstream Boulevard; thence run westerly along Gulfstream Boulevard to the east right-of way line of N.E. 2nd Avenue; thence run southerly along N.E. 2nd Avenue to the north right-of-way line of N.E. 8th Street; thence run westerly along N.E. 8th Street to the east right-of-way line of North Swinton Avenue; thence run southerly along North Swinton Avenue to the point of beginning. 100 APPENDIX B: FINDINGS OF NECESSITY 101 LEI J7~~ lily ,4 ~a~ ~ ~~u ~ TES QT~€ ~L1RR~Ca ~ TFm ~T~' ~ ~~Y c~r~a ,~~ ~ ego ~ ~ s4u~r ~ a ~ ~~ ~ f m. rz~ ~r~-rirre~ ~r '~ ~1 ~~L'JL Tl~E II ~L'~6C~T~ ~ ~I~i{~ ~ ~ ~ ~ ~ 41~R+~~$ ~~J.LTCQ~ 7~ R+ rr~* Y~ ~R ~ TI~E~T 7'l~~p ~+'~.io~" J4 ~~ ~7R! owwirrn r_ T~~31"~1 ~ 3~J~ J~1LS} 1~1 ~1 ~ Jl 1~$~ ~ql~ JL ~'i~i~a~ ~ ~un~v R~C~1~~~PJii~~ ~~^~'I'1J ~R~'Yi~f~a ~~ JIN 7ZYa CY~~ ~t~a ~ ~ a~ ~ ~ Gyii~ F1~Q4 h~~ ~~ ~e1t a~ ~' ~f ~i~n eed 6~L~erd e~ d did ~ ~lotldr 'J~i~e~ i~edq~ ~i3 '~ a e~ ~ wlild~ ~~ ~ ^ ~~ ~ aa~ et ~r~4 ~earnr~ ~rrr~a~e ~ ~~ ~ a ~-~ ~- ~ W~at ~rr~rrwtlan br ar ~ ~ t6r~ ~ nave h eudr ~~ ~ ~ krdra~ ~ ~ }ublle herMh. ea~~. viaal~ ae ~~rw ~ ~b~~~~~~~l~ ~.,~R ~ ~ ~~ ~ ~. ~ ad.eor eel a ~„~ ~ y o~r~ ~ a Carom~l~ i~o- ~ !ri drir ~r~+ r,~ ~Ir~ ~~ ~a ~nT eat ~ Hl'~~ TI~~'~, dE fT ~~L1T~ ~~ Tld~ ~1Tw ~'[lMI~ ~ 7FZ `STY ~ ~SEJJ.~t~L'f bZ~CI'~ 1rJ.0l~A~ ~ F~,1.~~ 1'd~'t ~ es rrrx~ ~r ~r ~rw 1~4 ~~ ~ ~ ~ ~rx~ ~ ~~ to ~b ad lair ~ rvo+ieait fnoame 4ieluih~ f6~ ^i~ir~ ~ a ~o~r~oR Iha* #~ ra~lt~tJan, ~da~ and ~ a ~v~#al3on t~r~ o~ e~ ~ ~~ I~ ~~ Ib ~ k~S~I+C ad ff~ ~MxBe ~1~ ~. ~~ ^rd ++b1~ ~ ~ e1nl~+~s ~ f~ ~ ~~ Eaed~ ~ d~a y i e^~d ~ a Came~lgr ~ J~ ~ Q4~ ad D~k~ tv ~~ Gortlr~li~ peepr~ ~ 1i1, E~rt ~ ~! the ~~. ~ ~ erg o~ the C~ ~! aike~ B iflGf~ ifw Mai '~'." ~ hX f~M~ ~ ~ a ~n ~qd ~l~~d e~~ ea domed ~ and ~dd~ the p~spa~ ead ~tarrt ~ !~ 'd~u~ ~~ 11'Jr F4et ~ ~rt ~ naDi~tSv~ >w~ M~3or~M ~ #d4rl~ ~~ ~~ P~da P ~4~ ,4~'!$~ ~ ~ ~~ m th~a the ~ # ~~ lkT~7~ 102 ~~=x ~ ra pia Ila. ~-^e ~ th^ northr inning ~t t1f^ d~t~^~li~ ~ N. ~. ~h d+t~ ~ ~ ~ ~ ocr ~r~w~^ ~ # h^r~ ^ run w*h~ir' 1+~ ij ~ III. li. ~+kh t!~^^# t o ~1. 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Lbw Ekr~#~ t1r^rre:~ ~ri rr^~~1~ ^iv~ tF~ ^~ot^ri~ p~1^e!# on ~F+ Ord th^ rrorttti rE ~+t~~F ~ tn^ ^~ ~ L~+~ ~~ ~ ~ r~.# ri~htyof~a~ yirr^ o~ t~1r^ trrkr~,~,ws~ ~~r+~'~ #h^rt~ run north^,tat,ari~ ~lmq t!r n^a~ ri~ht~~rr~ 1i1M~ ~ #1'~ intrieo,4~i~ 4~#^r~r to #ho ~^nt:riin^ orF ~^ righ#~#~a~ a~ 1~. E. ~^# ~~L ~~^ r-va ~trri+~ ^<L~q #.~'~ ~hn~rtlin^ ~! #~ rrL~ht~f- rri1~ ~f N. ~. Lit Caurk t^ t1r^ ~~ ri~r~~F~a~r Ldrr^ ~# M. ~. ~h ilwriua~ #h~~ r~ ~#h~'i~r ~ ink tlw ~# ~ oh+t~~rr~+ i L~^ ~ M. EF 7tlr ~1~rn1u^ to #hff iaYrth tot I irw. ~ ~ 1~ ~ ftit oeie i i3 ~# 7fofrti ~ L~ rrton ~1~t1 th~rK^ rr^r 4r~br1~ ~ ornp ~ w^~!,^r~ ~ ~ro~^e#dvr of thf osrth ~ o~ i 3 n^ o~ L~ L3 ~ d qc~ Lid o~F Torn ~ Ll++'~~If1 ~1~! ka ~I. E.. ~ ~u. ~ ~i~ll~~ornd~ E ttrn,e^ ruv ~vrth~i~ iLoRrO ~1. E. #tJi iF~u^ #n M. E. ~#r^nt~ th~h rxn rrar-tn.~..t.rY~ alv~q f.d.ra'i Fu~lw..~ cu. ~. ~i] to ouL~~r^a. ^a~aL~ardL ~1s~rrrff rr^i r~~^rl+~ ~ ~1~^~ri,^q ~Lq~rard to N. E, ~I~d ~^r4u^1 th~^rre~ rrur i~rthn-1+~ alvrk If. #. Ord ~Mrnr~~^ ~ ~1~ ~. f1Eh ~r•~ I th^rre~ run rrMt~l ~ i1 oaf IiL. ** ~h ~r^~ #a !~#~ Orrinr~ ~Fr~~1u^~ #h^n~ ~n i~rk#wfi~ a3d~ ~drth ~~rlon 1#~~u^ ~ p~L~1'1' o~ lyres Lrni~rp. 103 ~~'~~~~~~4~ i~llR'~' ~0i1~' *7 ~~ #~ IQ.i ~ its ~#~ ~ ~~ ~ i~~~ ~~ ~[. ~~~ ~i~~sai~~~r^0 a ra n F~R~ ~ ~r ~ M~Li ~O~ X ~ ~ ~ ~^ ~i~~Clr ~ ~ ~~ ~ i~G ~ ~^ ~ ~ ~44MIS4~'j'~ ~r ~ ~ ~~ 1#~F. ~+t ~~ist-Laa ~.~~1 ~ i~ i~t eo• ~ a~f ^i~l^M ~md 'b,L3~k~ #r~ ~ - ~1rli~! i~ *~,-"~~- ~t~aa ~at:Lrm LR.~~+M ~ ~~ iF ~foi t~r~ i~ ~ ~ od ~.r~ i~b~i. tia ~ ire ~ f Lpw ~ elvdaceleE ~~v*' i:~ l~l~ i~ di~~ ~ ~ ; ~F~w t~il~' ad~ta ii #~ f<~ ~ ~~ N~ ~ ~. ~. ~b.^d ~ ~.a ~~ N.~~~ a .~ sa. ~ 7 ~ tbat a ~ ib~ X13 i ti.r1~. ~.t ice. Qc r.a~..3~1L. ee- ^ .~ina~lm i~ f~ ~. a.n.^.a.T if ~ arm ^ da 1~. i,r~..i, a t imi pie ha.li~ ~ Kim ~ aa^ia ~ ~ :~~ ~ •~ ^ [ tNt r~ iN~a e ~ Li ~~ od ~1r4 ram ~ ~. ~^ ~ iii 1:11 o^~i es imp s i ~ ~ ofLe~ Nib ~ 7~od~aa r rr a ~~d ~ ow iir~ ~a ~i~ Ir. a 9~ ~alti iN~^ is ^ a~ ~ ^ ~i~ ~ ~ lea i• ~ ~~ e~ or7s~ N~ ~ i aerl each tNr i~adi¢ ~Je~a~it ~r~ ^a id ~~bQ li 7 ~ Nei II3 ed i~ ~~*~~^ d4ii~rai~ air ~E,~ iNr C iii ~a^ L L ^ i ~i ~~ e~ ^~La~ r~ ~ ! lal,ia ~ ~ ~rii~ea i. i 6+~^ 5. ^NIgW .7~ 1 ^ ~ 19 ^ 9 r dl,d eraais a G®i~ ~~~ ea ~~ is ~l~ ida ^hai~a Melia 1 i3.'J 9 6 ~ ~~ ~^ ~ ee Neale 7'J ~ i ^ S5 ~ ~d e f ~~~ N•fii adie~^ e d lal~i~sgia~~ ~aaird aapi~~~eplf8 iris Lire iaa 1Lp. i-^ i-! 6~ ~ 1~'~ ia~~ 33 T ~ llreii ^Uatrh^ ^ ~ ~ ~ d~~ e'l f7Mk~ ~L31Q~ 1 i~ ~ ~~~ +b^ N Ls$ raaci ~if~ irr,~ 7..q has ~i~Fd ~4^ ~9i~ I F~arw ~ a 3~'1 ^~# a~FF +1~1~ ~ 1~i ~.`Lt~ ~ ~ ~i.3~ ##* ~~ w ~~Yi ^C bid ~ ~rd1~d ii R~xi:di ~~ ~ t!* ^~ L~igr ^w ~ {'e^~ i~ ~ ~ fap~t Aar ~R~q~~ tl~ ti1~4 ~ ^ i D ~ i~f a~ adth ~ td ~J~ ~ L+^ lr~ ~~4 w ~ ^ a~8 ~a #ali~ da i~pa~Lz 3 ^ E ilia nail e~ iaa ~k~o0i~^a~! it'~a~ ~Lt33a ~ ~a it~e L ^ ewd ~ ~ r~aldf iiveri~. 1CM#t~ ~ ~ vc a ~at1~ ~~ ~ ~ t r~# Naas ~R iL~l! a"~"~.-.~ ~ iif ~ r ~W11~r ~ 71f~R 9~ #:~a ~~~ 1~ ei~ ~aii qt ~ i~ od ~a1a~ ^~~. ~••~~~• tiai that oae o~ ~f saw a~ h~i3~rRad -~---~ N ~ia~ ie ~ ^~aFa.~. 1~~. ~~4~ ~ ~ea^ ~ ~~ i~~ ~ a ~ta9w ~ h~~ ^ ~l~iai~a is ~ ~~a ~ Lw a ~~ divL~F ~ ~ ~..a~: t~IF ~ ~ ^ a~1~aF a.~ f~~ ~ ~ ~ f~i L4 ~ i4 C~ #rie this rya i mod' 104 ~~ t'~ `~.i ~s~3 L ~ d ~.r4 fii# ~ Dilr~ ~aeh ~ ! l~elda~r ems. jai ~ ~ ~ ~it##i~ ~aef as ~~^la~~. ~ ~e h~ iii ~ s~~ ~ 7o:a3a ~ i* ~L i1~~ ~ ~F ~ t #,'~~3f,~ of dl~ feair ~ a~~ ~~ ~ r~{ ii ~~i~~ ~ ^iald~~ ~ d~ ~ ~i ~ tha ~i~ ~ ~~ Iwi~i i7i~ l~e.]~r ~i~in r~~ is X ~ ^ ~s~ ~aa~ ~d dd~~ ~ Li a ^ ]3~ aa~ ~~~ et'^a ~ u ii f'i~i ~ ~~ x~ii is i~ goiRw w ~d ~#~ F ~ ll~lda ~^bea~ ~i~tiir lia ~ Parh Ia. ~a~ iii r~ a~~~• ~ ~ -• ~ q ~tlro^ ^ W i~ ~ ddiatiin ~~ t ~ ^ f niti ~^a ~ ^ ai, da ~ ~~t e [ ~ ~2 ie r 1 ~i. nti~. ~s^ li ~ sad ~~i ~ ~ r~id~ ~ ~ Dim e f f ].ear r^eh. ~ ~~eehh3~~~. 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I Q. i ~ !'1 M ~ ~ dew wi wat~~ iii ^ai i w~ Nit ^! ~ i3s• ~ ' ~ ws~ ~ ~ t w!w^ ^~ Lit 74~ ^i^^1i iL! si t~ lrtie~ 8d 1~~~ llit~ +~ ~~~ iz ! i ^rt ig^f i ~ i~~ ~ ~ ]~aia ~~ ~R Ye= i ~ ~^t !ro^^^i ^^~~ i! ^ i w^ #~ iw~a 11ef i! w1~ !~ i i to t~ stir t ieewr ~ ~t 1 a ~ mad s ~ ~ed~ ~ ~h^ ~~ a ~. 106 APPENDIX C: COMPLETED PROJECTS 107 # 1.1: Downtown Core Geographic Area of Exception Background In November, 1990, the City of Delray Beach Planning Director made a presentation to the CRA on the 1990 Countywide Traffic Performance Standards Ordinance and its effect on the City. Under the ordinance, the City may not issue development orders for a proposed project if it adds traffic to county or state roadways, within its radius of influence, which causes total traffic to exceed the adopted Levels of Service (LOS). The ordinance does; however, include provisions for "Geographic Areas of Exception (GAE)", which allow the County to set new lower levels of service for roadways which will be impacted by development within the GAE. This means that development within the GAE is then allowed to increase traffic on area roadways beyond previously permitted levels. The City of Delray Beach proposes to establish a Downtown Core GAE in order to foster the continued development and redevelopment of the downtown area. In essence, the revitalization of the downtown is dependant upon the City's ability to attract people to the area; to live, to work and to shop. The establishment of the GAE will further the City's goals by allowing the increases in traffic which will undoubtedly occur as a result. Without the GAE, only minimal development within the downtown would be permitted. Due to its tremendous impact on overall redevelopment efforts, the CRA agreed to fund the preparation of the GAE application as well as application fees. The territory within the GAE includes the CBD zone district, west of the Intracoastal Waterway, as well as the Old School Square Historic Arts District, immediately to the west of the CBD. On March 27, 1991, the CRA hosted a workshop at the Old School Square Gym for the purpose of reaching a consensus as to the CBD development scenario to be used in the GAE application. During the course of the day, the group was presented with three development scenarios. The three scenarios, listed in order of increasing overall intensity were referred to as 1) Laissez Faire, 2) Urban Village and 3) Urban Center. Based on a series of presentations, evaluations and discussions, the group arrived at a consensus that the Urban Center Scenario was realistic and generally desirable but should be modified in order to protect the "Village by the Sea" character deemed essential to Delray Beach's preferred identity and quality of life. The final proposed development scenario is a composite entitled "Village Center". Proiect Objectives • Increase development potential and ultimately the tax base of the downtown core. • Provide the opportunity to attract major development to the downtown which may otherwise not be permitted due to traffic considerations. • Provide opportunity for economic stimulation and investment in the CBD. • Reestablishment of the downtown as an employment center. • Determine the appropriate intensity of the Downtown Core. Proiect Description • Successful completion of the GAE Application in 1991. Approval of the GAE by the Board of County Commissioners in 1992 with amendments to the County's Comprehensive Plan. • Amendment of the City's Comprehensive Plan to accommodate reduced levels of service on 108 specified roadway links. Project Participants and Administration • The project will be jointly administered by the City of Delray Beach and the CRA. Other participants may include, but are not limited to, Project Consultants, the County Commission, DDA, Reviewing Agencies, and Workshop Participants. Funding Sources • The CRA will provide the funding to retain consultants and allocate staff time to prepare the GAE application. • The CRA will provide funding for application fees. Project Schedule • Completed in FY 1991/1992 NOTE: This project became known as the Transportation Concurrency Exception Area (TCEA), which was completed by the City and CRA in conjunction with the Florida Department of Transportation. It provides relief from traffic concurrency requirements for the downtown area. The TCEA was adopted in 1995. # 1.5: "Seacrest/Del Ida Neighborhood Improvement Plan" This Neighborhood Plan was adopted by the City Commission in May of 1998 and has been substantially implemented (for additional background information and a description of the plan elements see Appendix "E", Project #2.19). Traffic calming, installation of parking lots, and removal of back-out parking has been completed, as well as the reconstruction of NE 3rd Avenue. These projects were paid for with a combination of City and CRA funding, as well as property owner contributions through the creation of a special assessment district. As of 2004, ten duplex conversions have been completed with grant assistance from the CRA. The remaining elements of the plan that will involve CRA participation include beautification of retention areas along NE 3rd Avenue; provision of landscape grants to beautify multi-family properties along NE 3rd Avenue; provision of grants to convert duplexes to single family homes throughout the neighborhood; assistance with street lighting; and beautification of areas adjacent to Plumosa Elementary School. Most of these improvements were completed in 2005- -2006. 109 # 2.1: Bankers Row Project Implementation Background Banker's Row, the 200 block of NE 1st Avenue is a downtown residential block which includes single family, rear guest cottages, and some home-occupation uses. The block is located within the Old School Square Historic Arts District which includes most of the City's oldest homes. Banker's Row includes 16 of these historic (built before 1940) residences. This project was born when, under the auspices of the Historic Preservation Board and the City's Planning Department, application was made to the Florida Department of State, Division of Historical Resources for a Preservation Grant. A $24,000 planning grant was awarded by the State with provisions for the City to allocate a matching share toward planning of the project. The Project Plan has three separate but related components. These are: a study and evaluation of the historic significance of the Banker's Row block and an analysis of the architecture of its structures; the preparation of a streetscape design plan, architectural design guidelines, and lot development guidelines; and the creation of a planning program for the private property owners of Bankers Row. The Planning was culminated by the preparation of a document entitled "BANKERS ROW - A PROGRAM FOR RE-USE & RESTORATION". Following publication of the Plan, the property owners formed a Homeowners' Association and sought funding for the project, including street improvements and a parking lot from the City. The City was unable to fund the project and subsequently the property owners requested the same from the CRA. In 1992, the CRA, City and Homeowners' Association adopted an Interlocal Tri-partite Agreement in which the Property Owners would fund $32,500 for the project, payable over 10 years; the City would fund a new water main; and, the CRA would fund the construction of the parking lot and the balance of the street improvements. The CRA completed the Banker's Row parking lot in March, 1993 and the design for the street improvements was completed in October. It is anticipated that the remaining improvements will be completed in FY 1993/1994. The Property Owners will pay 25% of the cost of the roadway improvements, up to a maximum of $32,500 through a property assessment district. Proiect Objectives • Preserve the historic structures. • Revive the historic character of Banker's Row. • Improve and enhance economic conditions through some appropriate conversions of individual properties to home occupations or nonresidential use. • Spin-off private redevelopment on adjacent blocks. Proiect Description • The City shall initiate the appropriate amendments to its Comprehensive Plan and Land Development Regulations in order to accommodate the Program. • Formation of a Banker's Row Neighborhood Association by the Residents. • Creation of a property assessment district by the City to collect moneys from the property owners to reimburse the CRA. • Project includes streetscape and Parking Lot improvements including acquisition of parking lot site. 110 • Individual property improvements will be made in accordance with Master Development Plan, at the discretion and timing of the property owners; however, the improvements are required at the time of changing from a single family or home occupation use to any other category of use. Project Participants and Administration • The City of Delray is responsible for overall implementation of the Program. • The CRA shall, through an agreement with the property owners, take the lead and contribute funds toward implementation of the streetscape/parking lot improvements in accordance with the Master Plan. • In addition to paying a portion of the streetscape costs, including engineering, the property owners shall be responsible for improvement of their individual properties. • The Historic Preservation Board shall review improvements or modifications which affect the exterior of any structures. Funding Sources • The CRA shall provide the funds for parking lot property acquisition and improvement costs. • The CRA shall provide a portion of the funds for implementation of the streetscape improvements. • The property owners, through a property assessment district, shall provide the remaining portion of the streetscape improvement and engineering costs. • The property owners shall be solely responsible for any improvements made to their individual properties. • Property owners may also qualify for participation in the CRA's Subsidized Loan Program, Business Development Program or Historic Facade Easement Program. • The City of Delray Beach will provide funding for the design/construction of water supply lines Project Schedule • Parking lot site was acquired in FY 1991/1992. • Construction of parking lot in 1993 (Complete March 1993). • Formation of Property Owners Special Assessment District in 1993. • Construction plans for street Improvements were completed in 1993. • Completion of streetscape improvements in 1994. #2.2 Pineapple Grove Main Street Program Background This program represents the implementation of several strategies contained within the Pineapple Grove Neighborhood Plan. It is also an expansion of previous City and CRA efforts to improve the environment along the major retail corridor of the Neighborhood. In August, 111 1989, the City Commission approved a streetscape program for Pineapple Grove Way. Improvements included the creation of landscape intersection nodes, street trees within the sidewalks, and four pods to accommodate previously commissioned sculptures. In 1990, as an outgrowth of the City's program, the CRA funded the preparation of a prototype design for the 100 block of Pineapple Grove Way, including additional streetscape and facade improvements. When the block design was completed, preliminary estimates indicated that the overall construction cost of the proposed improvements would be very expensive. Although the neighborhood was generally enthusiastic and supportive of the plan, the downturn in the economic climate of the early 90's made it impossible for the CRA to secure the required financial commitments from the businesses within the 100 block to participate in the program. Subsequently, the CRA was forced to put the project on hold. In 1992, the City completed the streetscape improvements to Pineapple Grove Way. These improvements provide the starting point for revitalization of the corridor. Another major improvement to the area was made in 1993 when the parking lot for the Publix Shopping Center was reconstructed. The new design improved the internal traffic circulation system and added a significant amount of new landscaping. In 1994, the Pineapple Grove Main Street Program was born. Under a tremendous outpouring of community support and dedication to the program, the City was awarded the Main Street Designation by the State of Florida. Under this program, the effort to revitalize Pineapple Grove Way and the surrounding area has gained new momentum. Accordingly, the CRA's approach to redevelopment will be one of support and assistance to the local Main Street Organization. The Main Street Program, organized in 1994, has been operating under a 501(c)(3), non-profit corporation. The group has accomplished several important plans and programs which include the establishment of committees to deal with organization, design, economic restructuring, and marketing. In 1996, the organization held a weekend charrette and developed the first draft of a street master plan for NE 2nd Avenue. The organization completed a master plan for its district in 1998 which was approved by the CRA and the City. The plan calls for significant beautification, construction of parking lots, and infill, mixed-use development. Other accomplishments include additional art in public places, new street signs, special events, and more. In 1996, the City of Delray Beach established its second police substation, locating the station adjacent to the Pineapple Grove Main Street office on NE 2nd Avenue. Together with the CRA and others, the organization proceeded with the first phase of its master plan to construct the entry to the district at NE 2nd Avenue and East Atlantic Avenue. In 2000, Pineapple Grove Main Street held the ribbon cutting for its first entry arch located near the intersection of NE 2nd Avenue and East Atlantic Avenue. In 1999, the City and CRA approved creating an assessment district on NE 2nd Avenue to assist in funding the complete beautification of NE 2nd Avenue. The City and CRA will fund approximately 2/3 of the cost and the assessment district 1/3 of the cost. Future implementation of the Pineapple Grove Main Street plan will include working with the City and CRA to construct additional public parking. Program Objectives • Physical and economic revitalization of the Pineapple Grove Main Street area. 112 • Create an epicenter for future spin off revitalization efforts within the neighborhood. • Develop street beautification on NE 2nd Avenue. • Develop a special identity for the area including entry ways to the district. • Develop public and private parking to assist with the district's growth. • Acquire strategically important properties to encourage mixed-use development, particularly housing. • Review land development codes and make changes which will encourage redevelopment. Program Description The Program may include, but is not limited to, the following elements: • Support of Pineapple Grove Main Street organization and its master redevelopment plan. • CRA assistance to the above group to develop and implement a marketing program to attract new businesses which are compatible with the overall theme of the area (i.e. arts, crafts, entertainment and education). Securing tenants for large vacant buildings shall be 1st priority. • Development of a plan to relocate nonconforming or incompatible land uses. • Work with Publix to meet its expansion needs or find suitable site for relocation. (Note: if Publix moves, then assist in finding a suitable replacement for existing space). • Work with the Post Office in its relocation or expansion efforts. • Develop a program to increase security. • Develop a program to reduce loitering and assist the homeless. • Develop a Beautification Plan for the 1st four blocks of Pineapple Grove Way, including additional streetscape and facade improvements. • Develop a funding mechanism to pay for both capital improvements and operational costs of those improvements. Create a business improvement assessment district. • Acquire key properties for redevelopment. • Work with Pineapple Grove Main Street, Inc. to develop and implement a plan for public/private parking. Program Participants and Administration • Pineapple Grove Main Street, Inc. shall generally administer and coordinate the program. • The CRA may participate through the utilization of its unique powers and financial resources as appropriate for selected elements of the Program. • Other participants may include, but are not limited to, the City of Delray Beach, the Chamber of Commerce, the DDA and Other Private Property Owners. Funding Sources • The Pineapple Grove Main Street organization has received 6 years of funding commitments from the City, CRA, DDA and local citizens. 113 • The CRA Subsidized Loan Program is available to provide additional assistance to businesses and residents who wish to improve exterior conditions of their property. • The CRA will fund the first gateway to the district at NE 2nd Avenue and East Atlantic Avenue, limited to street improvements. • The CRA and the City will fund the development of public/private parking lots. • The CRA will acquire key properties and resell to developers in order to accelerate redevelopment. Program Schedule • Implementation of the program began in FY 1993/1994. #2.2: Block 77 Redevelopment Project (Worthing Place) (For associated map, see Appendix `D"Map D) Background Since its creation, the Community Redevelopment Agency has consistently made efforts to attract new businesses into Downtown Delray Beach. The economic importance of the Downtown and the need for major attractions and nighttime activity generators was well recognized in the 1986 Community Redevelopment Plan. The City, also realizing the importance of the CBD as a vital and competitive commercial marketplace, has included several policies in its Comprehensive Plan toward achieving that end. In 1993 and 1994 the CRA acquired property on Block 85 (south side of Atlantic Avenue west of the FEC Railroad) and in 1995 issued an RFP for its redevelopment. The project resulted in a restaurant/retail/entertainment complex known as Grove Square, which restored night life to the downtown and stimulated a boom in new retail and restaurant openings on Atlantic Avenue. Despite significant redevelopment interest in the area, one large parcel fronting Atlantic Avenue in Block 77 (south side of Atlantic Avenue between SE 1St and SE 2nd Avenues) continued to decline. This parcel contains the former "Executive Mall" office building, a four-story building which was vacant and had deteriorated to the point where it became injurious to the public health and safety. Due to the extreme deterioration of this parcel and as a result of increased awarded th proposer, a CRA began efforts after Interstate 95. developer interest in the area, the CRA contemplated acquiring the balance of Block 77 and a portion of Block 78 to create a redevelopment parcel large enough to accommodate a major generator of economic development. In 1996, the CRA issued an RFP and e winning proposer the right to negotiate a contract for redevelopment. The large publisher, would have brought over 200 employees to the downtown. The proceedings to acquire the four-story structure on Block 77 but discontinued its the publisher announced its intention to move its headquarters to a site west of In 1998, the owner of the Executive Mall office building commenced refurbishment of the 42,000 square foot space. The building was successfully leased in 1999. In 1998, after losing its publishing company prospect, the CRA issued an RFP for the sale of two parcels of land on Block 77, one that had been acquired by the CRA and a parking lot owned by the City. Three 114 bidders responded in 1998, and the CRA selected the Block 77 Development Group, which had purchased additional properties on the block. Their proposal, which became known as Worthing Place, included 219 rental apartments, and approximately 12,000 sq. ft. of retail space (see rendering at left). It includes a parking garage on Block 77 for tenants and retail customers, and a separate parking garage on Block 69 (the westerly adjacent block) consisting of 207 parking spaces to serve the public and tenants of the Executive Mall building. The proposal also included a payment to the City of $100,000 to refurbish Worthing Park. In 2000, the developer received conditional use approval of the project by the City Commission and site plan approval by the Site Plan Review and Appearance Board. An adjacent property owner sued the City over the development, and the project was held up by litigation until 2004. It is now proceeding through the final platting and permitting phases. Proiect Objectives • Assemble a site large enough for a large scale project. • Assemble land for a public parking garage. • Provide economic stimulation and investment in the CBD. • Improve marketability and demand of the retail core. • Increase nighttime activity in the downtown. • Provide housing opportunities and create jobs in the downtown area. • Eliminate slum and blighted conditions. • Provide more parking in the downtown area. Proiect Description • Development of a mixed-use redevelopment project. • Phase One of the project may include, but is not limited to, land acquisitions (refer to Appendix "D"), site improvements, the solicitation of RFP's from potential buyers or tenants and sale or lease of some or all CRA property holdings on Block 77. • Phase Two may include but not be limited to the solicitation of RFP's from private developers, selection of project developers, design of the project, project economic feasibility studies, advertisement for disposition of any additional property to be acquired by the CRA for the implementation and construction of the project. • Phase Three includes but is not limited to the implementation of project development including any remaining property acquisitions and disposition of property required for the project as well as any remaining City approvals. Phase Three may also include acquisition of land for additional public parking. • Phase Four includes the construction of the project, the providing of additional structure or surface parking, renovations to Worthing Park, as well as additional infrastructure as required. Proiect Participants and Administration • Project will be administered and coordinated by the CRA. 115 • Other participants may include, but are not limited to, the City of Delray Beach and the project developer. Funding Sources • CRA provided the funding for Phases One and Two of the project. Funding sources for Phases Three and Four shall be by the developer selected for the project, the City of Delray Beach, CRA, and others as appropriate. Project Schedule • Phases One and Two were completed in 1998. • Phase Three is projected to be completed in 2004. • The schedule for Phase Four will be determined upon the completion of Phase Three. • The Phases set forth above are illustrative only and may be combined with one another as the circumstances dictate. # 2.3: Municipal Tennis Center Rehabilitation Background The CRA prepared a study in mid 1992 to determine the feasibility of rehabilitating the existing Center with possible inclusion of a stadium court to host the Virginia Slims Tennis Tournament. As a part of the Study, the CRA also held a 1-day Workshop to build a consensus within the community on if and how the tennis center property should be redeveloped. This workshop was a great success with over 60 people attending. The consensus of the group was that the Tennis Center be retained at its present location and be rehabilitated and expanded to include a stadium court and other facilities. The results of CRA's study and workshop were presented to the City Commission and the City made the decision to rehabilitate the Center. Recognizing that this project clearly achieves several major CRA goals including the elimination of blighted conditions, and the creation of significant spin-off economic benefits in the CRA area, the City requested that the CRA participate in the project's capital funding. The CRA obliged with a $481,000 commitment which may be paid over a 15-year period. In 1992, the City commenced construction of the first phase of the Tennis Center including the 3,000 seat stadium court. The upgraded Center includes adjacent residential property to the west and the old fire station # 1 site. This increased land area gives the property a corner location on N.W. 1st Avenue and West Atlantic, and provided the necessary space to add a new proshop, additional courts and the stadium court. Additionally, the new design greatly improves the overall visual appearance of the center with better linkages to Atlantic Avenue and increased landscaping. In March of 1993, the Virginia Slims of Florida held their national women's tournament. With over 80,000 people attending the event over the two-week period of the tournament, this event set a record in women's tennis. 116 Proiect Objectives • Upgrade of the existing Municipal Tennis Center. Add the necessary facilities to host the Virginia Slims Tennis Tournament and other events. • Provide a positive influence on West Atlantic Avenue redevelopment. Proiect Description • The project elements include facilities design, acquisition of additional property as needed and construction of the project. Proiect Participants and Administration • The project is the responsibility of the City of Delray Beach. Other participants may include, but are not limited to, the CRA, Design Professionals and Construction Contractors. Funding Sources • The City shall have primary responsibility for funding the improvements. • The CRA will provide $481,000 of the capital funding for construction of the project either as a lump sum payment or a yearly contribution toward the project's debt service. Proiect Schedule Phase 1 construction, including the pro-shop, stadium court and the majority of the tennis courts was completed in March 1993. Phase 2 construction, which included 4 additional courts and landscape improvements at the intersection of N.W. 1 st Avenue and Atlantic Avenue was completed in FY 1993/1994. # 2.4: Old School Square Cultural Center Background Beginning in late 1985, a group of concerned citizens established a task force to save the old schools, which the Palm Beach County School Board had planned to abandon. The 4 acre site of the Delray Beach Elementary School, containing two school buildings, a 350 seat auditorium and a gymnasium seemed to have potential, not only as an important historic preservation project, but also as an arts center benefiting Delray Beach and the surrounding communities. The Historical Society established a committee to establish the possibility of restoring all or a portion of the school complex and to locate a historical museum within the school. The committee, now Old School Square, Inc. reported its findings to the City Commission in 1987 and recommended the restoration of the facility and development of an art and cultural center. A professional feasibility study was prepared and determined the project to be feasible. Hence, engineering surveys of the existing buildings and building plans were prepared and the restoration project began in 1988. 117 The on-going restoration and development of the 6.6 million dollar center has become a source of pride to Delray Beach residents. Serving as the centerpiece of the Atlantic Avenue Business Corridor from Interstate 95 to A-1-A, the center which opened in 1990, now includes a museum, gift shop, community meeting room and a visual arts center/gallery. In order to complete the first phase of the 1926 building, which fronts on Swinton Avenue, Old School Square requested a $435,000 loan from the City in 1992 to supplement a donation by a foundation. The City agreed with the understanding that the CRA would guarantee the loan. In addition to this loan guarantee, the CRA also agreed to make the debt service payments if requested by Old School Square. In the fall of 1992, the first phase of renovations were completed on the 1926 building, which now hosts theater productions, concerts, ballets and classes. The loggia and bandstand of Old School Square, the last phase of the project, is planned for outdoor exhibits, concerts, festivals, large parties, and "Sunday in the Park" type entertainment for the enjoyment of the entire community. Project Objectives • Establish a strong cultural identity in Delray Beach. • Promote Arts and cultural activities as a means to foster increased economic development within the city center. • Provide a cornerstone for the revitalization and redevelopment of the Atlantic Avenue Business corridor and the Pineapple Grove Neighborhood. • Create an attraction for both tourist and residents to the area. Project Description • Restoration of 1913 school building as museum and visual arts center • Restoration of 1926 school building as a performing arts center and theater • Restoration of the gymnasium as a meeting hall • Addition of a loggia for outdoor exhibits, concerts, etc. Project Participants and Administration • Administration and coordination of the project is by Old School Square, Inc. • Other participants in the project include, but are not limited to, the State of Florida, the City of Delray Beach, the CRA, Delray Beach Historical Society, Private Citizens and Foundations Fundina Sources • The City of Delray Beach has contributed the bulk of the money toward this projects with over 4 million dollars invested. • The State of Florida, Division of Cultural Affairs has contributed funds toward the project. • Private donations have also been an important source of funding. • The CRA will provide funding sources through loan guarantees, loans or grants for 118 restoration of the 1926 building as an important component of the center. Proiect Schedule • The Museum Building restoration was completed in 1990. • The Gymnasium building restoration was completed in 1991. • Restoration of 1926 building was completed in 1993. • The loggia was completed in 2002. # 2.5: Blocks 28 & 36 Redevelopment Background The program for Blocks 28 and 36 involves the redevelopment of the frontage along West Atlantic Avenue for commercial purposes, and the development of the rear of Block 36 as residential multi-family. The CRA acquired the majority of the subject properties over the period between 1998 and 2000. In July of 2000, four groups submitted development proposals for the CRA-owned properties, in response to a Request for Proposals (RFP). All of the responses proposed mixed use (commercial & residential) development on the site. Three of the projects proposed a combination of retail, office, and owner-occupied residential units. The fourth proposal, which included Mt. Olive Baptist Church as a partner, contained commercial uses combined with a rental housing component. After several public hearings and workshop meetings, the CRA selected a project that includes three-story commercial buildings on the frontage of Blocks 28 & 36, and owner-occupied townhomes on the balance of Block 36. The proposal was submitted by Atlantic Grove Partners, which is comprised of a local private development company (New Urban Communities) and two local nonprofit agencies (the Delray Beach Community Development Corporation and the TED Center). Parking for the project is a combination of surface lots, two-car garages for the townhomes, and on-street parking along Atlantic Avenue, NW 3rd 4tn and 5t" Avenues, and NW 1St Street. The on-street parking spaces will be available to the general public. Proiect Objectives • Removal of slum and blighted conditions. • Provision of new housing opportunities for the area. • Provision of additional parking for the surrounding area, including the Tennis Center for special events. • Revival of the historic significance of the area, particularly to support the West Settler's Historic District. • Redevelop the blocks to take advantage of the important location relative to several public institutions, including the Tennis Stadium, the County Courthouse, the Police Station, and the Fire Station. • Increase the economic vitality of the West Atlantic commercial corridor through the attraction of new businesses. • Increase job opportunities, particularly for the residents of the surrounding neighborhood. 119 Protect Description • The redevelopment project area includes property acquired by the CRA and located within Blocks 28 and 36. Future phases may include properties within the same blocks or on adjacent blocks. • Expansion of parking facilities. • Possible_construction of additional features or expansion of the monument area to commemorate the historical importance of the area. • Development of a mixed use project with emphasis on retail on the ground floor and office and/or residential on the upper floors, and residential uses to the rear of the Block 36 frontage. • The provision of adequate parking to serve the redevelopment project. Wherever possible, shared parking should be encouraged. Project Participants and Administration • The selected development group will take the lead role in obtaining the necessary financing and governmental approvals to complete the project. • The CRA may participate through utilization of its unique powers and financial resources as it deems appropriate to implement the project. • Other participants in the project may include, but are not limited to, the City of Delray Beach, West Atlantic Redevelopment Coalition, the Delray Merchants Association, EPOCH, LISC, the churches, and the private sector. • The church shall take the lead role in any redevelopment effort related to church expansion. Funding Sources • Funding of the land acquisition and preparation of the property for sale to the developer is by the CRA. • Construction of the project is to be funded by the developer. Project Schedule • Completion of demolition and land clearing will occur by summer 2001. • The property was sold to Atlantic Grove Partners in October 2002. # 2.6: Block 60 Redevelopment Background This Block lies in a strategic location between two major redevelopment projects on Atlantic Avenue, the Municipal Tennis Center/City Hall and Old School Square. With the large sums of money involved in these two projects, it is imperative that development in this block does not detract from the overall redevelopment effort. The overall appearance of the block has been a blight to the area. Existing land uses consisted of poor quality residential duplex units, 120 vacant commercial structures, vacant property, and several single family residences, some of which are currently in a state of severe blight. Given the prime location and condition of existing property, this block is ripe for redevelopment. In fact, one of the single family residences, "Tarrimore", was acquired for conversion to ahigh-quality restaurant,-"Damiano's". In 1992, the owner of the Tarrimore property approached the CRA and suggested a redevelopment concept for the northern part of block 60. This concept included the construction of a parking lot and the conversion of one blighted single family home to commercial use. It was also anticipated that the parking lot would service the three remaining single family homes on the block if they should convert to non-residential uses. In 1993, the CRA further developed the concept for the Block. The State of Florida awarded the City a $242,800 "Historic Preservation Grant" to rehabilitate two historic structures which were originally located in the Hillcrest Neighborhood of West Palm Beach. These two historic structures were moved to their permanent site fronting Swinton Avenue in June 1994. One of the structures is currently utilized for the CRA's Offices and the other was sold to the City of Delray Beach who leased it to the State Preservation Office. Having additional governmental uses in close proximity to the City Hall complex is consistent with the City's plan of a governmental campus. The original concept fits very well into an overall redevelopment scheme for the block. This scheme contains a commercial or governmental use(s) fronting on Swinton Avenue, a common parking lot in the center of the block, and non-residential conversions of single family houses surrounding the parking lot. Another advantage of this concept is that the parking lot would also be used to meet the demands for Old School Square, the Community Center and the Tennis Center. In 1996, the CRA completed an additional parking lot, adjoining the first lot, completed in conjunction with the restoration of the two historic houses. In addition, the CRA sold a parcel of land, through the Request for Proposal process, to a developer who, in turn, constructed atwo- story, 6,000 square foot office building. The developer also purchased five parking spaces from the CRA. In 1999, a property owner on the block, Manimal Land Company, Inc., purchased eight parking spaces from the CRA in anticipation of redeveloping its two lots into a 12,000 square foot, two-story office building. Another property owner on the block, including Manimal and the restaurant owner, expressed interest in 2000 in acquiring additional parking spaces in order to expand their facilities. The CRA, in anticipation of the need by property owners for parking, condominiumized the parking lot. In addition, the City purchased, in 1996, 12 spaces for public use, particularly for the Tennis Center and Community Center, located on NW 1st Avenue. The CRA expects further development of the block by conversion of existing residential to commercial uses. Project Objectives • Elimination of blighting influences. • Redevelopment of the Block to take advantage of its prime location. • Increase in economic vitality through attraction of new business. • Expand the concept of the governmental campus. • Encourage conversion of existing single family homes to non-residential uses. 121 • Encourage historic preservation in the OSSHAD zoning district. Protect Description • Redevelopment compatible with Old School Square, City Hall and the Municipal Tennis Center. • Strong pedestrian linkages to Old School Square and the Tennis Center. • Maintenance of the parking lot to serve the non-residential conversions on the block as well as the parking demands for City Hall, Old School Square, the Community Center and the Municipal Tennis Center. • In addition to providing parking the CRA may offer other incentives to facilitate the redevelopment effort. • The two historic houses which were moved from West Palm Beach and located in the project were rehabilitated and converted for public use. • Elements of the project include, but are not limited to, planning, marketing, land acquisitions, demolition, parking lot construction, sale or lease of CRA owned property, including the historic house, and construction/use-conversions. • The parking lot constructed on the project may be a municipal lot entirely for public use, may be sold or leased to private entities or may be a combination of both. Private users located in the Redevelopment Project may make arrangements to pay the CRA or other public or private entity a fee to lease or purchase enough parking spaces to meet City parking requirements for their use. Project Participants and Administration • The CRA shall be the lead agency in the acquisition of land demolition, parking lot construction and rehabilitation of the relocated historic houses. • Commercial conversion of the remaining houses surrounding the new parking lot will be administered by the private sector and the CRA. • Other participants may include, but are not limited to, the City of Delray Beach, Chamber of Commerce, Parking Management Advisory Board, the State of Florida Division of Historic Resources, West Atlantic Redevelopment Coalition, and the Delray Merchants Association. Funding Sources • The CRA and others, as appropriate, shall provide the funding for the project. • The CRA's Subsidized Loan Program, Historic Facade Easement Program and Business Development Program are available to provide additional assistance to property owners and businesses within the redevelopment project. • State of Florida Division of Historical Resources and other public or private sources dedicated to historic preservation. Project Schedule • Planning began in FY 1992/1993. • Acquisition of property and construction of parking lot began in FY 1994/1995. 122 • Relocate two historic houses to project and complete historic restoration began in FY 1994/1995. • Sale of land and parking spaces to developers by the CRA began in FY 1995/1996. # 2.7 Seacrest/Del Ida Park Neighborhood Improvement Background This Historic District, commonly known as "Del Ida Park", is bounded by N.E. 4t" Street, N.E. 8t" Street, Swinton Avenue and the F.E.C. Railroad. Zoning in the area includes "R-1-AA Single-Family Residential", "RL Low Density Residential" and "RO Residential/Office". Land uses are varied, containing a mixture of single-family and multi-family residences and professional/medical offices. The Del Ida Park area contains many historic structures and has a unique quality that is attractive to small scale office users and home occupations. With beautification and elimination of some of the blighted conditions, expansion of these types of uses in the area is likely. The medical professionals in the area are particularly interested in participating in the improvement of the neighborhood. The Seacrest neighborhood is bounded by the FEC Railroad on the east, North Swinton Avenue on the west, 8t" Street on the south, and Gulfstream Boulevard and Atlantic High School southern boundary on the north. The area is quite deteriorated on NE 3rd Avenue north of 14t" Street and contains an infiltration of duplexes and multi-family housing in an area once almost entirely single family. A significant number of homes are historic. The area north of NE Stn Street between North Swinton and NE 2nd Avenue is outside of the CRA district but is contained in the study area as a result of its geographic connectivity. In 1998, the City and CRA, together with the two homeowner associations, Seacrest and Del Ida, completed a neighborhood plan. The plan calls for beautification of streets, the beautification of the NE 3rd Avenue railroad corridor, the construction of municipal parking lots to relieve the short supply of parking in multi-family residences, and the conversion of duplexes to single-family residences. The City, CRA, and homeowners are funding the projects. Program Objectives • Implement the Seacrest/Del Ida Neighborhood Plan. • Elimination of slum and blighted conditions, particularly on N.E. 3rd Avenue and N.E. 4tn Street, and to prevent these conditions from spreading to other parts of the neighborhood. • Reduce overall densities in the neighborhood. • Encourage development and redevelopment on RO zoned property, particularly for medical offices. • Promote historic preservation. • Promote residential rehabilitation. • Increase employment and business opportunities in the area. • Improve the street appearance by beautification. • Increase open space areas, including pocket parks and landscaped areas along the railroad corridor. • Promote owner-occupied, single-family housing. 123 Program Description • Implement the Seacrest/Del Ida Neighborhood Plan. • Assist the City and homeowners with the streetscape program. • Develop and fund a program to convert duplex structures to single-family residences. • Acquisition of blighted properties within the neighborhood. Program Participants and Administration • The program will be administered and coordinated by the CRA. • The City will play a major role in the implementation of the Plan. Assistance will be obtained from various City Departments, including Planning, Community Improvement, Environmental Services, Police and Fire. • Other participants include property owners and businesses in the area. Funding Sources Implementation of certain elements of the plan will be funded through an assessment district, as well as by the CRA and the City. • Other sources may include, but are not limited to, the property owners and businesses in the area and public and private grants. • The City will provide technical support from various City Departments. Program Schedule • The program commenced in FY 1996/1997 #3.8: Delray Beach Renaissance (First-Time Homebuyers) Program Background The Community Redevelopment Agency implemented its Affordable Housing Program in March, 1992 for the purpose of providing new affordable housing units within an area of the CRA which contains a considerable number of vacant building lots. This program is also important, in that, it will enable the CRA to address the issues of relocation and housing replacement for CRA residents who may be displaced as a result of future redevelopment activity. An informal partnership was created between the County, the City, the CRA, and the Community Financing Consortium ("Consortium"), amulti-bank, non-profit financial intermediary whose purpose is to make first mortgage construction and permanent loans to builders and home buyers. The CRA's major role was to acquire vacant lots and provide soft, second mortgage financing to home buyers. In addition, the CRA, on a limited basis, agreed to provide loan guarantees to builders for model homes. In 1995, the CRA entered into a formal partnership under the "Renaissance Program" with the City, Community Financing Consortium, Delray Beach Housing Authority, and two non- profit housing sponsors, the Delray Beach Community Development Corporation and the Center for Technology, Enterprise, and Development, Inc. The partners applied for and received a grant from the Federal Home Loan Bank Association and the State HOME Program in 1995. In 124 addition, the City provides monies from its SHIP and HOME Programs. These monies are used, along with the CRA monies, for soft, second mortgages for home buyers. The CRA's major role continues to be the partner providing vacant lots for the program. The geographic area in which the program concentrates is that which is defined by the City and approved by HUD as the target area for development of low and moderate income housing. The emphasis of the program, although not limited, is to encourage single-family, fee simple home ownership. The household income target for the program is as low as under 50% of median income and as high as 120% of median income. In 1997, the CRA began using its second mortgage funds to assist homeowners living within the West Atlantic commercial corridor to move into new, affordable housing. Proaram Objectives • Provide decent, affordable housing for residents who are of low to moderate income level. • Stabilize and preserve neighborhoods through redevelopment and the elimination of blight. • Create an atmosphere for a mix of income levels within deteriorated residential areas of the CRA. • Encourage fee simple home ownership. • Assist homeowners in relocating as a result of CRA redevelopment projects and land acquisition. Proaram Description The Target Area for the Affordable Housing Program will generally be between Lake Ida Road/NE 4th Street on the north, SE/SW 10th Street to the south, I-95 to the west and Federal Highway to the east. The details of the program will be set forth in the program guidelines adopted by the CRA. Components of the program may include, but are not limited to the following: • Home Buyer Assistance (Subsidies secured by CRA soft junior mortgages). • Credit Enhancement for Builders through loan guarantees for a portion of construction loans for speculative homes. • Permanent Loan Assistance. • Home Buyer's Marketing. • Referral of prospective home buyers to other agencies which provide education on home 125 ownership and credit repair. • Architectural Design Assistance to builders, home buyers, and non-profits at minimal cost. • CRA acquisition of vacant residential lots and residences for resale and development or redevelopment (refer to Appendix "D" for Land Acquisition Map). • Technical and financial assistance to CDCs. • Apply for grants and other aid to enhance program including economic development, credit repair, beautification projects and administration. • The CRA may also provide the above services as part of a joint program between other public and private sector participants. • To supplement the program, the CRA may assist the City Police Department to improve security in the area through the purchase and rehabilitation or construction of one or more housing units within the target area for use as police substations. When these substations become unnecessary, they will be recycled as affordable housing units. • The CRA may also provide, on a temporary basis, vacant lots leased to the City or neighborhood associations for use as community gardens, open space, or neighborhood parks. • The CRA may borrow funds from other sources to acquire lots and land to develop lots for the program. Program Participants and Administration • Participants may include, but are not limited to, the CRA, private developers/homebuilders, non profit housing sponsors, home buyers, lending institutions (including the "Community Financing Consortium"), the City of Delray Beach, Palm Beach County, the Delray Beach Housing Authority, The Delray Beach Center for Technology, Enterprise & Development, Inc, the Delray Beach Community Development Corporation (a LISC organization of Palm Beach County), and other foundations, Palm Beach County Housing Finance Authority, the State of Florida Housing Finance Agency, and public/private sponsors. • The roles and the various participants will be set forth in the program guidelines adopted by the CRA. Funding Sources • Funding of the program elements for which the CRA is responsible will be provided by the CRA. • Other potential funding sources include, but are not limited to, Local, State and Federal Governmental Grants, and Private contributions. Program Schedule • Program was implemented in March 1992 and is ongoing. 126 APPENDIX D: LAND ACQUISITION MAPS 127 i ~ ~~ I I ~~~ I I ---- -__ ~ ~~ ~ O -~ ._ _~f~ 'r, I II _..__J I ___________ I I I ----J I I I I I I I I I I I I ~ I --- -- - -----°-°-~ `---J ~ _______________f____`1 I II I II I I I; I _____"________J I II I II I I II ___ _~._ ____ _.._ "-I I----J ________ 1 I II I I I. ~ I I- I_______________J~ r_______________11 I II I II I II I I_______________J ~____/ I___,._____ _.-_.____ ~ ~ ___ 1 I II I II I I ~I 1_..______..______ I I I I I I I I---------------------/ r-_____.._____._..__I _.___ .-_-___..______,. _1j .._.I I II I I II I I II I I 11 I I II I I II J I_.. _.______. _..____J ~____ _____________________I I I I 1 j I I--~________________= 1 I I I I I____________________• ___-___ r-------~r---- I II I I II I I II I ~ i=___ .s__ ..___J ~ 1 I I I I I I____________________J r_____......______. _....____~ I 1 I I I I I I I ~ I I I I I I I L..._______...___-__'...___J I I I I I 1 I I I I 1 I I ~ _____-____'_____r____ II I II I II I I I __________ ____II 1 I~ I II I II I I ._______________II____~ __.________..__ ___I ~____~ II I II I II I ____ _______ __.~ 1 _____~__________ I I ~I~ I I _________ ~~ C I ------~------I I I I I~_______________J ________ II I I II I I II I I 'II-----~-___-____J I I I I ________________ I I I I I I I I I I I I I I I I I I I ___• ~ ~ r--""-""- ~___.. _.__I I 1 I I I I I I I I I I ....J I.... _. __._......._ ~ '_____Ir________________~ I I ~~ j I I~________________J 1 I ________________ I Ir I I II I I II I I-----I I------- - --------I '----I ~______________'-I I ICI I I II 1 I II I I L_______________J I Ir--_____________ I II I I I'I I I I I I I I ~____~ I___~____~ r______. j____If________________.1 I II I I I~ I I II I I II ___.______J I II `__________I I II ~ I____II_.._____ I r__________I~_____-___/ I I I ~___-__-__-~ I I 1 I II I I :__________II I r________.__Il _ ________. I Ir _________I I I I I II I I II I __.___.____._.I 1I I Il_________J ~________________I'____' I I I I II I 1 II I I I I I I~- --II I II II I ._____!I___.__._..__J .____~ _____II_ II I i II II I I ~I I 1 I .I- _______ I I I ,,I- --I~ ~I ~I I II i i I I_____.~ _________~~ ___J I I I I I I I I I r _________I I I I I I_____________________J ___________ r----__-__ I I I I I I I I I I I 1 I I I____________________I ~'_____I _______-___ Ij __ ~_ ~ i t r ~ I r- I I ~ I r ~ I ~ __~J ~JI___----I I I I--_--' '-~""'"'I I I I I I I ~_________~ l..__.__,_J_ r------------------- I ~- - C C j________'"__"'__'____"__I I I I ~ I .__ __1 I I I I `____________________J ~ ,__..__________________I I I I I ---I r_________ ______ _ I I I I I I -__-__-__~ I----------__ C~ C--~ ~_ a This page left blank intentionally. a~ ~a~~a~ a~~a ~~ N.W. 3 z o~ ~~ 1ST A CRA B C CRA 3 z d D E F G H W E S T a a ~ ~ o 3 3 vi vi a rn 3 vi A V E N U E 3 vi I~ POTENTIAL PROJECT #1.1 -WEST ATLANTIC ACQUISITION REDEVELOPMENT PLAN N.W. 8TH - 11TH AVENUES CITY OF DELRAY BEACH, FL -MAP A.Z - PLANNING & ZONING DEPARTMENT ® NOTE: SEE REVERSE SIDE FOR LEGEND DECEMBER 2007 __ Q~ ~ ~ .~. /~/ __ UIW REF: A2 ST. 3 z ~ z A T L A N T I C PROJECT #1.1 -WEST ATLANTIC AVENUE REDEVELOPMENT PLAN N.W. 8T" - 11T" AVENUES - MAP A.2 - A 12-43-46-17-17-002-0300 ATLANTIC PINES, LOT 30 BLK 2 B 12-43-46-17-17-002-0300 ATLANTIC PINES, LOT 31 BLK 2 C 12-43-46-17-17-002-0300 ATLANTIC PINES, LOT 32 BLK 2 D 12-43-46-17-17-002-0300 WHIDDENS SUB, LOT 6 BLK 6 E 12-43-46-17-17-002-0300 ATLANTIC PINES, LOTS 6 & 7 BLK 2 F 12-43-46-17-17-002-0300 ATLANTIC PINES, LOTS 4 & 5 BLK 2 G 12-43-46-17-17-002-0300 ATLANTIC PINES, LOTS 2 & 3 BLK 2 H 12-43-46-17-16-006-0010 WHIDDENS SUB, LOT 1/LESS E. 10'/ BLK 6 I 12-43-46-17-42-010-0020 17-43-46, N. 99.4' OF E. 125' OF S. '/4 OF LOT 10 J 12-43-46-17-42-010-0010 17-46-43, S. 44.95' OF N. 144.35' OF E. 125' OF W. 150' OF S. '/4 OF LOT 10 K 12-43-46-17-42-010-0060 17-43-46, S. 45' OF N. 189.3 OF E. 125' OF W. 150' OF S. '/4 OF LOT 10 L 12-43-46-17-42-010-0100 SUB 17-46-43, N. 101' OF S. 134' OF E. 100.55' OF W. 125' & N. 16' OF S. 150' OF W. 274.18' (LESS W. 25') OF S. '/4 OF LOT 10 M 12-43-46-17-42-010-0040 17-46-43, E. 49.45' OF W. 175' OF S. 101' OF S. '/4 OF LOT 10 N 12-43-46-17-42-010-0080 17-43-46, E. 124.8' OF W. 274.8' OF N. 54.35' OF S. '/4 OF LOT 10 (LESS E. 10' R/W) O 12-43-46-17-42-010-0070 17-43-46, S. 45' OF N. 99.4' OF E. 125' OF W. 274.8' OF S. '/4 OF LOT 10/LESS E. 10' ST R/W P 12-43-46-17-42-010-0090 17-43-46, S. 45' OF N. 144.35' OF E. 124.8' OF W. 274.8' OF S. '/4 OF LOT 10 Q 12-43-46-17-22-002-0020 J.G. FENNOS SUB, LOT 2 BLK 2 R 12-43-46-17-22-002-0030 J.G. FENNOS SUB, LOTS 3,6, & 7 BLK 2 S 12-43-46-17-22-002-0010 J.G. FENNOS SUB, LOT 1 BLK 2 T 12-43-46-17-22-002-0040 J.G. FENNOS SUB, LOT 4 BLK 2 U 12-43-46-17-22-002-0050 J.G. FENNOS SUB, LOT 5 BLK 2 V 12-43-46-17-22-002-0080 J.G. FENNOS SUB, LOT 8 BLK 2 W 12-43-46-17-22-001-0101 J.G. FENNOS SUB, W. 20 FT. OF LTS 10 & 11 & E. '/ OF ABND 20T" ST ADJ TO LT 11 AS IN OR1343P357 (LESS SR 806 R/W) BLK 1 X 12-43-46-17-22-001-0030 J.G. FENNOS SUB, LOT 3 BLK 1 Y 12-43-46-17-22-001-0060 J.G. FENNOS SUB, LOT 6 BLK 1 Z 12-43-46-17-22-001-0070 J.G. FENNOS SUB, LOT 7 BLK 1 AA 12-43-46-17-22-001-0040 J.G. FENNOS SUB, LOT 4 & 5 (LESS E. 25' NW 8T" AVE R/W) BLK 1 BB 12-43-46-17-22-001-0080 J.G. FENNOS SUB, LOT 8 (LESS E. 25' NW 8T" AVE R/W) BLK 1 CC 12-43-46-17-01-004-0253 MONROE SUB, N. 51.1 S. 51.1' OF LOT 25 BLK 4 DD 12-43-46-17-01-004-0251 MONROE SUB, N. 50' OF S. 100' OF LOT 25 BLK 4 EE 12-43-46-17-01-004-0252 MONROE SUB, S. 50' OF LOT 25 BLK 4 FF 12-43-46-16-01-004-0060 N. 50' OF W. 130.44' OF W. '/ OF S. '/ BLK 4, TOWN OF DELRAY GG 12-43-46-16-01-004-0030 S. 50' OF N. 100' OF W. 130.44' OF S. '/ BLK 4, TOWN OF DELRAY HH 12-43-46-17-01-004-0260 MONROE SUB, LOT 26 BLK 4 I I 12-43-46-16-01-004-0100 N 37.5' OF W. 130.44' OF E. 155.44' OF E. '/ OF S. '/ BLK 2, TOWN OF DELRAY JJ 12-43-46-16-01-004-0010 S. 37.5' OF N. 75' OF W. 130.44' O E. 155.44' OF E. '/ OF S. '/ BLK 4, TOWN OF DELRAY KK 12-43-46-16-01-004-0070 S. 67.1' OF N. 142.1' OF W. 130.44 ` OF E. 155.44' OF E. '/ OF S'/ OF BLK 4, TOWN OF DELRAY LL 12-43-46-16-01-004-0090 W. 76' OF E. 101' OF N. 120' OF S. 140' OF E. '/ OF S. '/ BLK 4, TOWN OF DELRAY MM 12-43-46-17-22-001-0010 J.G. FENNOS SU,B LOT 1 (LESS E. 25' NW 8T" AVE R/W) & LOT 2 BLK 1 AMOCO WEST A TL AN TIC AVE. Q Q Q Q Q U Q Q Q U U U U U U U U CRA CRA CRA F ,4 CRA CRA C' B CRA ~..~ W ~ CRA Q CRA Q I Q CRA CRA CRA ~ CRA E K CRA CRA CRA L C CRA CRA M D S. W. 1ST ST. _ ~ ~ ~ o ~ a, ~ ~ ~ ~ ~ vi N PROJECT #1 1 -WEST ATLANTIC POTENTIAL . ACQUISITION REDEVELOPMENT PLAN S.W. 8TH - 10TH AVENUES CITY OF DELRAY BEACH, FL ® -MAP A.3 - PLANNING & ZONING DEPARTMENT NOTE: SEE REVERSE SIDE FOR LEGEND DECEMBER 2007 PROJECT #1.1 -WEST ATLANTIC AVENUE REDEVELOPMENT PLAN S.W. 8T" - 10T" AVENUES - MAP A.3- A 12-43-46-17-35-001-0080 BELAIR HEIGHTS, DELRAY, LOT 8 BLK 1 B 12-43-46-17-35-001-0090 BELAIR HEIGHTS, DELRAY, LOT 9 BLK 1 C & D 12-43-46-17-35-001-0140 BELAIR HEIGHTS, DELRAY, LOTS 14 & 15 BLK 1 E 12-43-46-17-35-001-0210 BELAIR HEIGHTS, DELRAY, LOT 21 BLK 1 F 12-43-46-17-42-009-0020 SUB OF 17-46-43, S. 50' OF N. 245' OF E. 147' OF E. '/ OF LOT 9 G 12-43-46-17-42-009-0010 SUB OF 17-46-43, S. 45' OF N. 290' OF E. 147' OF E. '/ OF LOT 9 H 12-43-46-17-42-002-0110 BELAIR HEIGHTS, DELRAY, LOT B BLK 2 I 12-43-46-17-42-009-0050 SUB 17-46-43, N. 50' OF S. 300' OF E. 145' OF LOT 9 J 12-43-46-17-42-009-0040 SUB 17-46-43, N. 50' OF S. 250' OF E. 145' OF LOT 9 K 12-43-46-17-42-009-0041 SUB 17-46-43, N. 50' OF S. 200' OF E. 145' OF LOT 9 L 12-43-46-17-42-009-0030 SUB 17-46-43, N. 50' OF S. 150' OF E. 145' OF LOT 9 M 12-43-46-17-42-009-0060 SUB 17-46-43, N. 75' OF S. 100' OF E. 145' OF LOT 9 FIRE STATION NO. 1 WEST ATLANTIC AVE. CRA L CRA D CRA CRA CRA CRA CRA A CRA CRA E CRA CRA CRA ~F B C CRA STe ave POTENTIAL PROJECT #1.1 -WEST ATLANTIC ACQUISITION REDEVELOPMENT PLAN © S.W. 6TH - 8TH AVENUES -MAPA.4- ciTY -- o-~ eE~cH. F~ NOTE. SEE REVERSE SIDE FOR LEGEND PLANNW( DEPARTMENT DEI;tMtitK LVV7 -- D/GITAL Bri~c MrlP SYSTEM -- MAP REF: A.a PROJECT #1.1 -WEST ATLANTIC AVENUE REDEVELOPMENT PLAN S.W. GTH _ $TH AVENUES -MAPA.4- A 12-43-46-17-02-005-0140 B 12-43-46-17-02-005-0160 C 12-43-46-17-02-005-0250 D 12-43-46-16-01-013-0090 E 12-43-46-16-01-013-0140 F 12-43-46-16-01-013-0160 SUB OF BLK 5, DERRY BEACH, LOT 14 BLK 5 SUB OF BLK 5, DERRY BEACH, LOT 16 BLK 5 SUB OF BLK 5 DERRY BEACH, LOT 25 BLK 5 TOWN OF DELRAY, S 80 FT OF N 100 FT OF E 150 FT & S 200 FT OF N300FTOFE135FTOFBLK13 S. 50' OF S. 300' OF E 135' OF BLOCK 13, TOWN OF DELRAY TOWN OF DELRAY, N 50 FT OF S 250 FT OF E 135 FT OF BLK 13 W W ~ ~ Q Q N . W. _ _ ~ ~ C RA C RA C RA ~ H C RA G F C RA E ~ ~ ~ ~Q Z ~Q P W E S T Z 1ST A T L A N T I C W Q Z ST. A V E. N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 PROJECT #1.1 -WEST ATLANTIC POTENTIAL REDEVELOPMENT PLAN ACQUISITION N.W. 6TH-7TH AVENUES ® -MAPA.5- NOTE: SEE REVERSE SIDE FOR LEGEND -- A~GYIAL B4SE ANP SYS7EA/ -- MRP REF: A.5 PROJECT #1.1 -WEST ATLANTIC AVENUE REDEVELOPMENT PLAN N.W. 6r" - 7r" AVENUES - MAP A.5 - A 12-43-46-16-01-012-0020 B 12-43-46-16-01-012-0030 C 12-43-46-16-01-012-0050 D 12-43-46-16-01-012-0040 E 12-43-46-16-01-012-0090 F 12-43-46-16-01-012-0080 G 12-43-46-16-01-012-0010 H 12-43-46-16-01-012-0260 I 12-43-46-17-01-012-0180 J 12-43-46-16-01-012-0070 E. 126' OF N. 120' OF S. 140' OF S. '/ OF BLK 12, TOWN OF DELRAY W. 50' OF E. 176' OF N. 120' OF S. 140' OF S. '/ OF BLK 12, TOWN OF DELRAY E. 50' OF W. 126' OF N. 120' OF S. 140' OF S. '/ OF BLK 12, TOWN OF DELRAY E. 51' OF W. 76' OF N. 120' OF S. 140' OF S. '/ OF BLK 12, TOWN OF DELRAY S. 67.1' OF W. 130' OF N. 142.1' OF S. '/ OF BLK 12, TOWN OF DELRAY S. 37.5' OF W. 130' OF N. 75' OF S. '/ OF BLK 12, TOWN OF DELRAY N. 37.5' OF E. 130.44' OF W. 155.44' OF W. '/ OF BLK 12, TOWN OF DELRAY MONROE SUB, LOT 26 BLK 12 MONROE SUB, LOT 18 BLK 12 N. 42.1' OF E. 130' OF S. 202.1' OF S. '/ OF BLK 12, TOWN OF DELRAY z VENUE WEST A T L A N T I C A V E AY RKS Q Q a ~ ~ ~ N O S. W. 1ST STREET N POTENTIAL PROJECT #1.1 -WEST ATLANTIC ACQUISITION REDEVELOPMENT PLAN N.W. 11TH-12TH AVENUES -MAPA.6- CITY OF DELRAY BEACH, FL NOTE: SEE REVERSE SIDE FOR LEGEND PLANNING & ZONING DEPARTMENT DECEMBER 2007 -- A~A7AL B4SE ANP SYS7EA/ -- MRP REF: A.8 PROJECT #1.1 -WEST ATLANTIC AVENUE REDEVELOPMENT PLAN S.W. 10r" - 12r" AVENUES - MAP A.6 - A 12-43-46-17-23-005-0010 ATLANTIC GARDENS DELRAY LTS 1 & 2 /LESS RD R/W/ BLK 5 Z ATLANTIC AVENUE u W E S T GATEWAY MINI PARKS Q G CRA H CRA I ~ CRA CRA ~ CRA CRA CRA CRA CRA D J CRA K CRA L CRA CRA CRA E CRA CRA M CRA S. W. Q 3 fN 3 vi S.W. f~~1i~ 11~1J ~I ATLANTIC AVE. 111111~J P S U 4J Q V Q Q 1 ST T M N 2 ND R 3 vi 3RD Q Q ST. x Y ~_ O w ST. ~' 3 3 (N N vi ST. N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 PROJECT #1.3 - S.W. NEIGHBORHOOD POTENTIAL REDEVELOPMENT PLAN ACQUISITION INFILL HOUSING AND PARKS ® -MAP B.1 - NOTE: SEE REVERSE SIDE FOR LEGEND -- OK~YTAL RISE ANP SY51EN -- MRP REF: &1 PROJECT #1.3 - S.W. NEIGHBORHOOD REDEVELOPMENT PLAN INFILL HOUSING AND PARKS - MAP B.1 - A 12-43-46-17-33-000-0080 B 12-43-46-17-33-000-0070 C 12-43-46-17-33-000-0060 D 12-43-46-17-19-002-0060 E 12-43-46-17-19-002-0090 F 12-43-46-17-28-003-0170 G 12-43-46-17-19-002-0130 H 12-43-46-17-19-002-0140 I 12-43-46-17-19-002-0150 J 12-43-46-17-19-002-0190 K 12-43-46-17-19-002-0200 L 12-43-46-17-19-002-0210 M 12-43-46-17-19-002-0240 N 12-43-46-17-28-004-0210 O 12-43-4 6-17-28-004-0220 P 12-43-46-17-28-004-0120 Q 12-43-46-17-28-004-0130 R 12-43-46-17-19-004-0140 S 12-43-46-17-18-002-0120 T 12-43-46-17-18-003-0010 U 12-43-46-17-18-002-0210 V 12-43-46-17-18-002-0220 W 12-43-46-17-23-006-0220 X 12-43-46-17-23-009-0010 Y 12-43-46-17-23-009-0020 WILLIAMS SUB, LOT 8 (LESS I-95 R/W) WILLIAMS SUB, LOT 7 (LESS I-95 R/W) WILLIAMS SUB, LOT 6 (LESS I-95 R/W) ATLANTIC PARK GARDENS, PRIEST ADD LT 6 (LESS I-95 R/W) &LTS 7&8BLK2 ATLANTIC PARK GARDENS, PRIEST ADD LTS 9 THRU 12 BLK 2 ODMANNS SUB, LOTS 17 & 18 (LESS I-95 R/W) BLK 3 ATLANTIC PARK GARDENS, PRIEST ADD LOT 13 BLK 2 ATLANTIC PARK GARDENS, PRIEST ADD LOT 14 BLK 2 ATLANTIC PARK GARDENS, PRIEST ADD LOT 15 BLK 2 ATLANTIC PARK GARDENS, PRIEST ADD LOT 19 BLK 2 ATLANTIC PARK GARDENS, PRIEST ADD LOT 20 BLK 2 ATLANTIC PARK GARDENS, PRIEST ADD LOT 21 BLK 2 ATLANTIC PARK GARDENS, PRIEST ADD LOT 24 BLK 2 ODMANNS SUB, LOT 21 BLK 4 ODMANNS SUB, LOT 22 BLK 4 ODMANNS SUB, LOT 12 BLK 4 ODMANNS SUB, LOT 13 BLK 4 ATLANTIC PARK GARDENS, PRIEST ADD LOTS 14 & 15 BLK 4 ATLANTIC PARK GARDENS, DELRAY, LOT 12 BLK 2 ATLANTIC PARK GARDENS, DELRAY, LOT 1 BLK 3 ATLANTIC PARK GARDENS, DELRAY, LOT 21 BLK 2 ATLANTIC PARK GARDENS, DELRAY, LOT 22 BLK 2 ATLANTIC PARK GARDENS, DELRAY, LT 22 BLK 6 ATLANTIC PARK GARDENS, DELRAY, LOT 1 BLK 9 ATLANTIC PARK GARDENS, DELRAY, LOTS 2 & 3 BLK 9 ~ ~ a 3 ~o S.W. 3RD CT. HAITIAN CATHOLIC 67H {` m ~ ~ SW. ST. DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX ROSEMONT PARK WATER TREA TMEN T PLAN T I~ CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 POTENTIAL PROJECT #1.3 - S.W. NEIGHBORHOOD ACQUISITION REDEVELOPMENT PLAN INFILL HOUSING AND PARKS ® -MAP B.2 - NOTE: SEE REVERSE SIDE FOR LEGEND -- OrC,YTAL ~ A(~P SYSIEI/ -- INP Rff: B.2 PROJECT #1.3 - S.W. NEIGHBORHOOD REDEVELOPMENT PLAN INFILL HOUSING AND PARKS - MAP B.2 - A 12-43-46-16-01-021-0060 B 12-43-46-16-01-021-0070 C 12-43-46-16-01-022-0010 D 12-43-46-16-01-022-0100 E 12-43-46-16-01-022-0090 F 12-43-46-16-01-022-0110 G 12-43-46-16-01-014-0010 H 12-43-46-16-01-022-0200 I 12-43-46-16-01-022-0180 J 12-43-46-16-01-015-0480 K 12-43-46-16-01-015-0520 L 12-43-46-16-01-015-0490 M 12-43-46-16-01-015-0460 N 12-43-46-16-01-023-0130 O 12-43-46-16-01-023-0250 P 12-43-46-16-01-031-0050 Q 12-43-46-16-01-031-0090 R 12-43-46-16-01-031-100 S 12-43-46-16-01-031-0180 T 12-43-46-16-01-031-0210 U 12-43-46-16-01-008-0350 V 12-43-46-16-01-008-0330 W 12-43-46-16-01-008-0320 X & 12-43-46-16-01-008-0260 AA Y 12-43-46-16-01-008-0310 Z 12-43-46-16-01-008-0270 BB 12-43-46-16-01-016-0080 CC 12-43-46-16-01-016-0110 DD 12-43-46-16-01-016-0010 EE 12-43-46-16-01-016-0011 FF 12-43-46-16-01-016-0040 GG 12-43-46-20-14-003-0100 HH 12-43-46-16-01-024-0010 I I 12-43-46-16-01-032-0310 JJ 12-43-46-16-01-032-0300 N. 50' OF S. 100' OF W. 135' OF BLK 21, TOWN OF DELRAY S. 50' OF W. 135' OF BLK 21, TOWN OF DELRAY LOT 1 BLK 22, TOWN OF DELRAY LOT 10 BLK 22, TOWN OF DELRAY LOT 9 BLK 22, TOWN OF DELRAY LOT 11 BLK 22, TOWN OF DELRAY N. 100' OF S. 235' OF E. 135' & S. 135' OF E. 218.46' (LESS N. 50' OF W. 50'), TOWN OF DELRAY W. 85' OF S. 135' OF S. '/ OF BLK 22, TOWN OF DELRAY W. 50' OF E. 200' OF S. 135' OF S. '/ OF BLK 22, TOWN OF DELRAY LOT 48 BLK 15, TOWN OF DELRAY LOT 52 BLK 15, TOWN OF DELRAY LOTS 49 TO 51 INCLUDING BLK 15, TOWN OF DELRAY LOTS 46 & 47 BLK 15, TOWN OF DELRAY TOWN OF DELRAY, LT 13 BLK 23 LOT 25 BLK 23, TOWN OF DELRAY S. 66' OF N. 216' OF E. 135' OF BLK 31, TOWN OF DELRAY TOWN OF DELRAY, S 40 FT OF N 256 FT OF E 135 FT OF BLK 31 TOWN OF DELRAY, S 50 FT OF N 300 FT OF E 135 FT OF N 1/2 OF BLK 31 S. 93' OF N. 143' OF W. 150' OF S. '/ OF BLK 31, TOWN OF DELRAY S. 78' OF N. 143' OF E. 135' OF S. '/ OF BLK 31, TOWN OF DELRAY LOTS 35 & 36 BLK 8, TOWN OF DELRAY LOTS 33 & 34 BLK 8, TOWN OF DELRAY LOT 32 BLK 8, TOWN OF DELRAY LOT 26, 29, & 30 BLK 8, TOWN OF DELRAY LOT 31 BLK 8, TOWN OF DELRAY LOTS 27 & 28 BLK 8, TOWN OF DELRAY E. 131.3' OF N. 50' OF N. '/ OF BLK 16, TOWN OF DELRAY E. 131.47' OF W. 156.47' OF S. 50' OF N. 250' OF N. '/ OF BLK 16, TOWN OF DELRAY S. '/ (LESS N. 100` OF S. 204.88' OF E. 135', S. 100' & N. 50' OF S. 150' OF W., TOWN OF DELRAY N. 50' OF S. 150' OF W. 131' OF S. '/ OF BLK 16, TOWN OF DELRAY N. 100' OF S. 204.88' OF E. 135' OF S. '/ BLK 16, TOWN OF DELRAY ROSEMONT PARK, DELRAY, LOTS 10-12 INCLUDING BLK 3 N. 190.56' OF E. 135' OF BLK 24, TOWN OF DELRAY LOT 31 BLK 32, TOWN OF DELRAY LOT 30 BLK 32, TOWN OF DELRAY ~~~~~~~ LUTHER KING JR. A DRIVE CHURCH H B ~/ACANT LOT C ~cnuRCH~ CRA CRA CRA CRA CRA I J CRA K ~ ~ ~ D N .i i N.W. 1ST G F cRA MT. OLII CRA FIRE S TA TION ~ ~ 3 AMOCO z Z Z N 0. 1 WEST _ A T L A N T I C S.W. 1ST A V E N U E SOUTH COUNTY COUR T HOUSE CRA CRA POLICE cRA COMPLEX ~ ~ ST. ~ ~~ ~ ~~ ~ POTENTIAL ACQUISITION ~ PROJECT #2.1 ® NW & SW 5TH AVENUE BEAUTIFICATION -MAPC- NOTE: SEE REVERSE SIDE FOR LEGEND CITY OF DELRAY BEACH, FL PROJECT AREA PLANNING & ZONING DEPARTMENT ~ ~ ~ ~ ~ ~ ~ - DECEMBER 2007 - ARgTAL RISE ALIP SY57E7V -- N.W. 2ND ST. ST. TEIVIVIs r,~,-r,-, ~, sTAOIUM MAP REF: MAP-C PROJECT #2.1 NW & SW 5t" AVENUE BEAUTIFICATION -MAPC- A 12-43-46-17-50-000-0010 B 12-43-46-17-50-000-0020 C 12-43-46-17-50-000-0030 D 12-43-46-16-01-019-0220 E 12-43-46-16-01-019-0230 F 12-43-46-16-01-020-0240 G 12-43-46-16-01-020-0110 MELVIN S BURD SUB, LOT 1 MELVIN S BURD SUB, LOT 2 MELVIN S BURD SUB, LOTS 3 & 4 N. 40' OF S. 106' OF W. 135' OF S. '/ BLK 19, TOWN OF DELRAY S. 66' OF W. 135' OF S. '/ OF BLK 19, TOWN OF DELRAY TOWN OF DELRAY, N 250 FT OF BK 20 (LESS S 100 FT, E 135 FT & W 135 FT) N. 50' OF E. 135' OF BLK 20, TOWN OF DELRAY H 12-43-46-17-05-000-0070 REPEAT OF PT OF BLK 27, DELRAY BEACH, LOTS 7 & 8 (LESS PT IN OR4417P 1358) I 12-43-46-17-05-000-0110 REPEAT OF PT OF BLK 27, DELRAY BEACH, LOT 11 J 12-43-46-17-05-000-0120 REPEAT OF PT OF BLK 27, DELRAY BEACH, LOT 12 K 12-43-46-16-01-027-0140 TOWN OF DELRAY, LT 14 BLK 27 L 12-43-46-16-01-027-0150 TOWN OF DELRAY, LT 15 BLK 27 M 12-43-46-16-01-027-0160 TOWN OF DELRAY, LT 16 BLK 27 N 12-43-46-16-01-021-0140 S. 90' OF N. 110' OF BLK 21/LESS W. 175', TOWN OF DELRAY O 12-43-46-16-01-021-0130 E. 50' OF W. 175' OF S. 90' OF N. 110' BLK 21, TOWN OF DELRAY P 12-43-46-16-01-021-0150 TOWN OF DELRAY, W 125 FT OF N 110 FT OF BLK 21 /LESS N 20 FT/ Q 12-43-46-16-01-021-0120 TOWN OF DELRAY, S 100 FT OF N 210 FT OF W 135 FT OF BLK 21 R 12-43-46-16-01-021-0110 TOWN OF DELRAY, S 100 FT OF N 310 FT OF W 135 FT OF BLK 21 S 12-43-46-16-01-021-0040 TOWN OF DELRAY, W 135 FT OF N 50 FT OF S 290 FT OF BLK 21 T 12-43-46-16-01-021-0060 TOWN OF DELRAY, N 50 FT OF S 100 FT OF W 135 FT OF BLK 21 U 12-43-46-16-01-021-0070 TOWN OF DELRAY, S 50 FT OF W 135 FT OF BLK 21 V 12-43-46-17-06-029-0070 RESUB OF BLK 29, DELRAY BEACH, LOTS 7 & 8 BLK 29 W 12-43-46-17-06-029-0090 RESUB OF BLK 29, DELRAY BEACH, LOT 9 BLK 29 X 12-43-46-17-06-029-0100 RESUB OF BLK 29, DELRAY BEACH, LOT 10 BLK 29 Y 12-43-46-17-06-029-0140 RESUB OF BLK 29, DELRAY BEACH, LOTS 14 & 15 BLK 29 Z 12-43-46-17-06-029-0160 RESUB OF BLK 29, DELRAY BEACH, LOTS 16 & 17 BLK 29 AA 12-43-46-17-06-029-0371 RESUB OF BLK 29, DELRAY BEACH, LOT 37 (LESS W. 70') & LOT 38 (LESS S. 15' OF W. 70') 12-43-46-17-50000-0010 BLK 29 BB 12-43-46-17-06-029-0372 RESUB OF BLK 29, DELRAY BEACH, W. 70' OF LOT 37 & S. 15' OF W. 70' OF LOT 38 BLK 29 W ~j Q a S. W. 2ND ST. A B C D E F G H I J ~_ U .2ND CT. a7 ~ ~ _ ~ ~ S.W. 2ND TERR. U S. W. 3RD ST. ~ ~ cri ~ PROJECT #2.11 N POTENTIAL CARVER SQUARE NEIGHBORHOOD ACQUISITION - MAP D - ® NOTE: SEE REVERSE SIDE FOR LEGEND CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 -- DyG/TAL BtSE ANP SY57E1/ -- NAP REF: NAP-D ~ ~ ~ ~ ~ U U U U U Q Q Q Q Q ~ ~ ~ ~ ~ U U U U U ~ ~ J ~ ~ U U U U U ~ ~ ~ ~ ~ U U U U U PROJECT #2.11 CARVER SQUARE NEIGHBORHOOD - MAP D - A 12-43-46-17-31-000-0050 CARVER SQUARE, LOT 5 B 12-43-46-17-31-000-0040 CARVER SQUARE, LOT 4 C & 12-43-46-17-31-000-0020 CARVER SQUARE, LOTS 2 & 3 D E 12-43-46-17-31-000-0010 CARVER SQUARE, LOT 1 F 12-43-46-17-31-000-0060 CARVER SQUARE, LOT 6 G 12-43-46-17-31-000-0070 CARVER SQUARE, LOT 7 H 12-43-46-17-31-000-0080 CARVER SQUARE, LOT 8 I & J 12-43-46-17-31-000-0090 CARVER SQUARE, LOTS 9 & 10 CITY OF BOYNTON BEACH I "~ I IJ IIILIllI I~ I / / s.._.A ' .,..~., o.~., . ,~,n g ~ ~ ~ ~ ~ ~ o J CF ... i~~'~ \ `~ ~. z OS ~% L € TR K oo CF ;'~ ''~ .~„~ -sue,;" ~~~atie CIT OF ~ ~ ~ TOWN OF NTON BEACH ~ GC ,w.~,. GULF STREA ~ ~ ~ I~ ~~~ CF Q O r ~ ~ ~~ - ~ MD ~~ CF ~ A A E ~ .... ~~ ~~~ R os r i o a UJJJJIWJJJ~ ~ _ - ~~/~ ~s~s~ _ g ` a LLLLd ~ ~ ~~ ~ M _o.W ~`o DTRN o0 ..., ~{~~e~~ GC ,. h ~ MD p = ~r - `~~ fir` TRN~ S Co ~ ~ ~ - ~aF... CF ..°~~F F F §~& ~ ~ ., U ~~. C v~~~ ~ ~~ ~~ ~ ~~ t ~~ ~ . ~ s MF , n ~ CF ~ CF ;C~ G~ - u~~~~ ~~ s CC ~~ OS C ~ ~ ~ ~ ~ p ®~m CC ® ~` C ~ ~ CF ~-~ ~3 ~~~ S ~. ~ d ~ \\ ~~ 3 \\ ~ ~~~ ,~lv .® ~ Fe~~y - .. ~ ~ ~~~ ~~„~ ~~ ~~~~ ~~ t~ ... ,A yLJ1LLIJJ ,,.,,. ~ ~ . .,~ CF ~~ ~~ ~~ ~N~~~N~ OS ~ ~~ p~ ,..o. r os ~ CF ~ ~ ~ ~ .m ~ ~ G~ WWWiii CF ~ 2 g~a~' CF LJ - r N ~~ .~ CF o -~~5 ~_ pS l,.,~ I~ / RNeV ~,~ s il1L1111LWsa ~' ~ J R ~ ~ I ~~ u C I ~ ~ _~ n, c ~ ~ F~ ~~' ~€ z M 0 ~g ~ ~ ~ ~g ~ ,~~o C OS ~ .,~ IN~ ~~~ x LL z x ~.,m ,«° U F^ moo, ~ ~ D ~ MD ~. ~ COMMUNITY REDEVELOPMENT AGENCY BOUNDARY ' PA E~ PUBLIC i _IT ES LD-LOW DENSITY 0.5 DU/ACRE MAPH CITV OF DELRAV a, FL PLANNING & ZONING 'TMENT DE( vIBER MD-MEDIUM DENSITY S-12 DU/ACRE iRN-TRANSITIONAL CMR-COMMERCE OS-C-OPEN SPACE, CONSERVATION CC-COMMERCIAL CORE IND-INDUSTRIAL OS-OPEN SPACE, ACTIVE OR PASSIVE GC-GENERAL COMMERCIAL OMU-OTHER MIXED USE CF-COMMUNITY FACILITIES - D/G/TAL [ - M, TEM - MAP REF: LMA12 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: FEBRUARY 25, 2008 AGENDA NO: VI. A. AGENDA ITEM: CONSIDERATION OF AMENDMENTS TO THE CRA'S COMMUNITY REDEVELOPMENT PLAN. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding proposed amendments to the Community Redevelopment Agency's (CRA) Community Redevelopment Plan. BACKGROUND The Community Redevelopment Plan establishes the projects and programs to be undertaken by the CRA in the coming years. The Delray Beach CRA's first plan was adopted in 1986 and has been amended several times since. The last amendment was adopted in January of 2005. When formally adopted by the City Commission, this latest amended plan will replace the current Community Redevelopment Plan in its entirety. At the CRA Board workshop meeting of November 27, 2007, the CRA Plan Amendment process began with an overview of the current plan and a discussion of potential changes. On January 7, 2008, the CRA held a public meeting concerning the Amendment. Approximately 35 people were in attendance. Information was presented regarding the CRA's accomplishments to date, projects and programs contained within the existing plan, and proposed changes to the plan. Overall those that attended the meeting were pleased with the progress that has been made and were supportive of the projects in the Plan. However, there were concerns with potential delays and the lack of funding for projects, especially in the areas west of Swinton Avenue, due to recent property tax reductions and the Strand decision, which restricts how CRAs may fund projects. The Board was provided an update with regard to the Plan Amendment at its workshop meeting of January 24, 2008. The CRA Board reviewed the final draft of the amended Community Redevelopment Plan at its February 14, 2008 meeting. The Board approved the amended Plan and forwarded it to the City for adoption by the City Commission. ANALYSIS The amended Plan proposes the following changes. For specific information and details of the proposed changes, please refer to the attached Plan. 1. Update of land use and sub-area information in Part II, "Existing Conditions." 2. Modification of the boundaries of Geographic Sub-areas 4 and 8 as well as changes to the description of the respective sub-areas to be consistent with the Southwest Area Neighborhood Redevelopment Plan (and corresponding changes to the data for those areas - Table 2.1 and Figure 2). VI.A. Planning and Zoning Board Memorandum Staff Report, February 25, 2008 Amendments to Community Redevelopment Plan Page 2 3. Modification of Part III, "Analysis", to reflect changes that have occurred in the various sub- areas, market conditions and development potential. 4. Changes to Part IV, "The Redevelopment Program", to: • Delete programs in which the CRA's role has been substantially completed or is no longer needed [i.e. Block 77 Redevelopment Program (Worthing Place) and George Bush Boulevard and Federal/Dixie Redevelopment]; • Transfer the Renaissance Program to Appendix C "Completed Projects": The CRA's participation in the Renaissance Program was largely discontinued in 2006 as land costs increased at a rapid pace, and priorities shifted to delivering permanently affordable housing through the Delray Beach Community Land Trust. The CRA may opt to continue providing down payment subsidies as described under #2.10 Affordable/Workforce Housing Program. • Update information on plan descriptions and programs. • Add new programs, or increase the emphasis on existing programs: ^ "The Villages" -- Carver Estates/Auburn Trace Redevelopment ^ FEC Station ^ MLK Jr. Drive/Cultural Loop ^ Clean & Safe ^ Non-Profit Support o Delray Beach Public Library o Spady Museum o Old School Square 5. Changes to Part V, "The Community Redevelopment Plan" to update all projections of revenues and expenses for the next 5-year period. 6. Update all maps to reflect current conditions and needs. Since the amended Plan does not include any projects or programs which require revisions to the Comprehensive Plan or the Future Land Use Map, it remains consistent with both. While many of the projects included in the Community Redevelopment Plan involve staff or financial participation by the City, applicable policies are already included within the Comprehensive Plan for City participation in these programs. Specific recommendations for amendments to the Land Development Regulations and for the rezoning of several parcels of land, which are included on page 88 of the Plan, can be accommodated without amending the Future Land Use Map or the Comprehensive Plan. Given the above, a positive finding can be made with respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan. I REVIEW BY OTHERS I The Pineapple Grove MainStreet Executive Board reviewed the amendments at its February 6, 2008 meeting and endorsed the amendments. The Downtown Development Authority (DDA) reviewed the amendments at its February 11, 2008 meeting and recommended approval. Planning and Zoning Board Memorandum Staff Report, February 25, 2008 Amendments to Community Redevelopment Plan Page 3 The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its February 13, 2008 meeting and recommended approval. RECOMMENDED ACTION Move a recommendation of approval to the City Commission for adoption of the proposed amendments to the Community Redevelopment Plan by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. Attachments: • Community Redevelopment Plan s:\planning & zoning\boards\p&z board\cra plan amendment 2008.doc MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 6, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 ORDINANCE NO. 12-08 -SECOND READING ITEM BEFORE COMMISSION This item is before Commission for an ordinance amending Chapter 110, "Local Business Taxes Generally", Section 110.15, "Local Business Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all business tax fees. BACKGROUND At the first reading on March 3, 2008, the Commission passed Ordinance No. 12-08. RECOMMENDATION Recommend approval of Ordinance No. 12-08 on second and final reading. ORDINANCE NO. 12-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENER.nI_.LY" OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, "LOCAL BUSINESS TAX SCHEDULE", TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENER.nI_. REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 110.15 "Local Business Tax Schedule", of the City Code of Ordinances establishes the individual business tax required to be paid annuall~~ to the City b~~ persons engaging in or managing transacting an occupation or profession; and WHEREAS, pursuant to Chapter 205, Florida Statutes, the City Commission has determined it to be appropriate to increase said local business tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 110, "Local Business Taxes Generally", of the Code of Ordinances is amended by amending Section 110.15, "Local Business Tax Schedule", to read as follows: Sec. 110.15. LOCAL BUSINESS TAX SCHEDULE. The following enumerated individual local business taxes shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: TABLE INSET: All Fees e' Classification er $149.10 except as noted Abstracting Land title, warranty or security company. Each individual conducting the business of abstracting title, either in part or in whole, shall pay a license tax. Academy of Music Adult Entertainment Advertising Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising in this way their own goods and merchandise, shall pay an annual license tax. Advertising Agencies engaged in the business of bill posting shall pay a license tax, per year. Advertising Office, Public Relations Alleys, Bowling, Boxball or Tenpins Each lane ~~ 24.15 Ambulance Separate from undertaking, each ~~ 84.35 Amusement Parlors or Concert Halls Apartment, Rooming Houses Per room, excluding kitchen and bathrooms ~ 6.07 Aquarium Armored Car Service Each vehicle ~~ 84.35 Art Gallery (1) Art Studio, workshop, classes (2) Artist, commercial (3) Artist material or supplies (See Merchants) (4) Artists' outdoor sale: Each sale, first day X4-44 36.16 Each day thereafter ~~ 12.13 Astrologists, Clairvoyants, Fortune Tellers, Palmists, Phrenologists, Spiritualists, Numerologists and Mental Healers These activities and others of a similar nature, whether or not in connection with another business charging fees, shall pay a license tax. Athletic Club, Gymnasium (Zoning) Auctioneers Auctions Auction, Real Estate Per day Automatic Amusement Machines, Games or Devices, Distributor Annual Fee Note: It is understood that this shall not be construed to license or permit operation or display of gambling devices. Automatic Games and Devices or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this Chapter. Each machine or apparatus ~~ 60.20 Automatic Trade Machines Where only incentive to operate same is to procure such as gum, nuts and the like Each machine X4-44 36.16 Distributor ~-A9 142.80 Automatic Weighing Machines Distributor Each machine ~~ 12.13 Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm Implements, Motorcycles (1) Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency, not to include repairs. (2) Each additional display lot. (3) Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs by agency. Automobile (1) Automatic car wash, not in connection with other business (2) Automobile association (See Insurance) (3) Driving school (4) Parking lots, commercial, each lot (5) Repair shop or garage, in connection with auto agency (6) Repair shop or garage not in connection with other business (7) Self-serve car wash, first unit ~~ 48.19 Each additional unit ~~ 12.13 (8) U-Drive rentals (9) Upholstering, tops, seat covers and the like (10) Automobile used parts, dealers in, used for purposes other than junk (11) Wrecker service, towing (12) Auto detailing Automobile Service Station Washing and polishing, greasing, lubricating and like servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise by ordinance under Merchants. Automobile Service Station Selling merchandise other than petroleum products used in greasing and lubricating, shall pay the Merchants license on other merchandise in addition to the foregoing. Baby Sitter Service ~g 72.32 Baggage or Freight Transfer Company Bakery Wholesale and retail, each store Ballrooms for Profit Banks (National and State chartered), Savings and Loan Associations (per Section 5219 Revised Statutes 12 U.S.C. 548) Bankruptcy, Closing Out, Trustee Sale (See Fire sale) Barber Shops Beach Equipment (Subject to bids to the Commission) Beauty Shops Bible, Holy--Solicitors Bicycle Shop, both retail and repair Billiard, Pool or Bagatelle Tables For profit, each table ~~ 60.20 Birds Dealers Blueprinting Service Maps, plats and the like Boat Agencies, New/Used Each lot, not to include repairs Boats for Hire Fishing, cruising or sightseeing (each boat) Boathouses Storage only Boat Marinas, Dockage, Yacht Basins Boat Repair Boiler, Machine Shops or Foundries Bondsman, Bail Bonds Book, Magazine Solicitors Per week ~~ 60.20 Per person ~~ 24.15 Interstate commerce No fee Bookkeeper/Accountant, not C.P.A. Boot and Shoe Repair Shop Bottling Works Brokers Stockers, [Stocks,] bonds, mortgages, customs and others Building Inspector Building and Loan Associations (See Banks) Burglar Alarm Company Bus Station, intrastate business only Business College, Trade Schools Business Office Butcher Shop Cabinet Shop Carpet and Rug Cleaning Each location Caterers Fixed base or mobile, each truck ~~ 60.20 Ceramic Studio Chemical Companies Christmas Tree Sales Season only, each lot Citrus Fruits and Vegetable Retail (See Merchants) Claim and Collecting Agencies Cleaning, Pressing, Dyeing (See Laundries) Clothing Secondhand dealers Cold Drink Stand (See Merchants) Cold Storage All types Commission Merchants Handling shipments (other than specifically provided for herein) on a Commission basis Computer Service Concrete Products (See Manufacturer) Concrete Ready-Mix Plant Contractors (1) General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work (3) Structural and reinforced iron and steel (4) Subcontractors and others as listed: Concrete, stone, brick Electrical Heating and ventilating House movers Masons Plasterers Roofing Sheet metal and tinsmith Septic tank Tile Well drilling Floor sanding and finishing Lathers Plumbers (5) Any person who shall accept orders to be engaged in the business of accepting orders or constructs on cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this Chapter. Convalescent Home (not sanitarium) Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulations Costume, Clothing Rental Credit Bureaus Dairies (milk distributors, jobbers or creameries delivering milk) Each truck ~~ 84.35 Dance Halls Dancing Schools Data Processing (See Professional) Dealers in Secondhand Firearms This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchase and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. Delicatessen Dental Supplies Dental Technician Laboratory Department Stores (See Merchants) Detective Agency Each location (state certificate) Distributor Dog and Pet Grooming Sale of supplies (See Merchants) Dressmaking, Hemstitching (no stock carried) Drugs, Retail Dealer (See Merchants) Dry Cleaning (See Laundries) Electric Light and Power Companies Emigrant Agents Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. Employment Agencies Engravers or Lithographers Export or Import Companies Express Companies (Intrastate only) Exterminators (State certificate) Fertilizer Manufacturers--Mixing Plant Fire Extinguisher Sales, Service Fire and Wreck Sales When not conducted by bona fide business concerns previously established and doing business in the City), of undamaged goods of that firm having damage by fire or wreck, each sale. Fish or Poultry Market Fish Peddler (See Peddlers of merchandise) Fishing Tackle (See Merchants) Fishing Tackle or Gun Repair Florists or Dealers in Flowers, each Food Lockers--Cold Storage Fruit, Vegetable Stand Fumigating (See Exterminators) Furniture and House Furnishing (See Merchants) Gas Companies (1) Distributing and selling gas through pipelines (2) Selling bottled gas (3) Gas tank wagon delivery only Gasoline and Oil Distributors Wholesale, storage Facilities in the City Golf Courses, Each Golf Driving Range, Each Golf Miniature, Each Guaranty or Surety Title Companies Guard, Patrol Service (See Detective Agency) Guns, Sales or Repair Need Federal firearms dealers license Harness and Saddlery (See Merchants) Home Occupation Hospitals, Sanitarium Hotels Per room, excluding kitchens and bathrooms ~ 6.07 Hypnotists Must meet requirements set forth in F.S. Chapter 456 Ice Cream Manufacturers Ice Cream Parlors Ice Cream Wagon or Truck, each 120.39 Ice Manufacturing or Storage Import, Export (See Export) Insecticide Manufacturers or dealers Installers, Carpets Insurance Adjusters Insurance Agency For each company represented Insurance Baggage, each company represented Insurance Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each Interior Decorator Invalid and Hospital Supplies Jewelry Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required). Jewelry Repair Jewelry Store (See Merchants) Junk Shops or Dealers License required whether or not sale or purchase or both, or solicitations are made Kennels, Animal (Approved location) Key Shop, Locksmith and Associated Services (See Merchants) Knife, Scissors and Tool Sharpener Landscape Company Laundry or Dry Cleaning Plant Agent for out of town laundries Local agency, permanent office Self-service Lawn Maintenance Lawn Spraying State Board of Health certificate Linen or Diaper Service Loan, Finance, Mortgage Company Lumber Dealers Lunch Stands, (Not over twenty-five (25) chairs) Machine Shops (Not automobile) Mail Order Business Maintenance (Floor, home, office, building) Manicurist, each ~g 72.32 Manufacturer Marble and Granite Works Massage Salon Masseur, Masseuse, each ~g 72.32 Meats (See Butcher shop) Merchandise, Secondhand (See Secondhand dealers) Merchants, Druggists and Storekeepers Messenger Service (exclusive of telegrams) Mimeograph and Letter Shop Monuments and Tombstones Motion Picture Theaters Giving performances of moving pictures or other forms of entertainment Movers (See Storage) Moving Company Musical Devices Operator of mechanically operated (whether operated in connection with or separate from any other business) License or tag must be displayed on each machine Musical Devices (Distributor) Music teachers Nails, Acrylic Shops (State certificate) Newspaper Publisher News Companies (Owners or managers of) Newsstands Owners or managers of, where daily and weekly newspapers or magazines, postcards and the like are sold Night Clubs Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests. Novelty Works (See Manufacturer) Nursery Shrubs, trees, plants or landscaping Nursing Home (See Convalescent home) Office Machine Repairs (See Repair shop) Oil (See Gasoline) Paint Manufacturer (See Manufacturer) Parcel Delivery Each vehicle ~~ 72.32 Pawnbrokers Peddlers of Merchandise (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person X99 24.15 (2) Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person ~~ 24.15 (3) Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle (4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out- of-town business houses or enterprises not maintaining place of business in city, providing however that this provision does not apply to wholesalers dealing exclusively with retailers (5) Traveling stores, dry goods, groceries, clothing, boots and shoes Pet Shop or Grooming (See Dog and pet grooming) Photo Processing, Film Developing Photographers Piano tuners Picture Agents Plating with Metals Portable Toilets Postcard Stands (Only) Potato Chips (See Manufacturer) Print Shop or Publishing Private Postal Mailbox Private Schools (See Schools) Professional (1) The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to pay a professional local business tax: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Engineers, civil, consulting Interior Design Opticians Optometrists Osteopathic physicians Physicians Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not classified (2) For each person operating with the person licensed in the preceding clause, other than the professional employees Property Management Promoters Entertainment, sports or contests Public Hall for Hire Public Stenographer Publishing Company Books, directories and the like Radio Communications Radio Repair Shop (See Repair Shops) Railroad Companies, each Real Estate Agency or Broker Recording Studio Reducing Salon Rental Equipment (All types) Repair Shops, each Repairs from Truck or Other Vehicle Restaurants (If dancing permitted, see Night clubs) Cafes and public eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels) Retirement, Rest Home (See Convalescent home) Rinks (Bicycle, skating or other) Roof Trusses (Se Manufacturer) Sawmill Yard Schools Secondhand Dealers (1) In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of firearms. (See Dealers in secondhand firearms and secondhand clothing) (2) All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling them. (3) However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission, which application shall be passed on by the Commission and a license tax paid. Secretarial Service Seed stores (Wholesale and Retail) (See Merchants) Ship Brokers Shoemaker and Repairs Shooting Gallery Sign Painters Commercial but not erecting Soda or Mineral Water Fountains Solicitor (See Peddlers of Merchandise) Sporting Goods (See Merchants) Stamp or Old Coin Dealer Storage Warehouse or Room Tailors Tanning Salon Tattoo Salon Tax Agency (See Professional) Taxidermist, or agents for In addition to other license Taxis First vehicle ~~ 120.60 Each additional vehicle ~~ 60.20 Telegraph Companies Telemarketing Telephone Answering Service Telephone Solicitation (See Sections 118.40 through 118.45) Telephone Systems and Companies Intrastate business only Temporary Business Receipts (1) Business temporarily located inside enclosed shopping mall; thirty (30) days only (no extensions) ~g 72.32 (2) Special events, no more than once annually (if under three (3) days), as approved by Commission (each license, not otherwise enumerated herein) No fee (3) Special events, no more than once annually (in excess of three (3) days), as approved by Commission (each license, not otherwise enumerated herein) ~g 72.32 Temporary Holiday/Vendors ~g 72.32 Termite Control Companies Theatrical Directors Who charge for services in directing local talent plays or performances, each performance Theatrical or Dramatic Groups or Companies For profit, where performance is not given in local, licensed theater, each performance Towel, Diaper, Uniform Supply Company Towing Service (See Automobile) Trade Schools Trading Stamp Companies Trailer Park Trailer, Truck Rental Travel Bureaus Tree Pruner (Must have insurance) Trucks Motor driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each. (Does not apply to trucks owned by the city, county or state) U-Drive-It Cars (See Automobile) Undertakers, Embalmers and Funeral Directors Uniform Supply (See Towel, diaper, uniform supply company) Upholsterer Vending Machines (See Automatic trade machines) Venetian Blinds Repair, installation and associated services Vulcanizing Each place of business Watch Repair Water (Sold in bottles) (See Bottling works) Water Companies Persons operating same Water-Softening Service Weight Clinic Weighing Machines (See Automatic trade machines) Wheelchair Rental (See Invalid) Window Cleaning Window Tinting Wood Yard Wrecker Service (See Automobile) Section 2. That should an~~ section or provision of this ordinance or an~~ 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediatel~~ upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 2008. ATTEST: CitS~ Clerk First Reading MAYOR Second Reading MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: February 28, 2008 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 ORDINANCE 12-08 PROVIDING FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE ITEM BEFORE COMMISSION The item before the Commission is Ordinance 12-08 which increases the local business tax schedule across the board by 5%. BACKGROUND Pursuant to Florida Statute Chapter 205, local business taxes may be increased by up to 5% every other year. The last increase in the local business tax schedule occurred in September of 2004. This ordinance modifies Section 110.15 by increasing all local business taxes by 5%. Over the next year, this increase woud give the City approximately $35,000 in additional revenue. RECOMMENDATION Staff recommends approval of Ordinance 12-08. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 6, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 ORDINANCE N0.06-08 -SECOND READING ITEM BEFORE COMMISSION This item is before Commission for consideration of a City-initiated amendment to the Land Development Regulations Section 6.2.1(D), Street and Alley Standards. BACKGROUND At the first reading on March 3, 2008, the Commission passed Ordinance No. 06-08. RECOMMENDATION Recommend approval of Ordinance No. 06-08 on second and final reading. ORDINANCE NO. 06-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 6.1.2(D), "STREET AND ALLEY CONSTRUCTION STANDARDS", IN ORDER TO PROVIDE UPDATED STANDARDS REGARDING STREET AND ALLEY CONSTRUCTION; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 25, 2008 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 1633174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the CitS~ Commission of the CitS~ of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the CitS~ Commission of the CitS~ of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 6.1.2(D), "Street and Alley Construction Standard" shall be amended to read as follows: (D) Street and Alley Construction Standards: Before any street or alley construction plans are approved by the CitS~ Engineer, he shall be satisfied that the following requirements, conditions, and standards are complied with. (1) Standard Reference: The Florida Department of Transportation Specification for Road and Bridge Construction, Edition of ~~ 2007, as amended from time to time and all Supplemental Specifications, all of which shall be hereinafter referred to as the DOT Specifications, are hereby made a part of this subsection. Where reference is made to the department in the DOT Specifications, it shall be construed to refer to the CitS~. Any and all work not specifically mentioned hereafter shall be performed in accordance with the applicable portions of the DOT Specifications. (2) Clearing and Grubbing: Unless specifically approved in the plans and specifications the entire width of the right-of-way shall be cleared and grubbed in accordance with Section 110 of the DOT Specifications. (3) Excavation and Embankment: Excavation and fill, if called for in the approved plans and specifications, shall be in accordance with the applicable portions of Section 120 of the DOT Specifications. (4) subgrade: The subgrade shall be uniforml~~ stabilized to a depth of twelve inches to produce a Florida bearing value of ~8 75 psi, in accordance with Section 160 in the DOT Specifications. A compaction of 98% of the maximum density as determined b~~ ^^ ^~TAASHTO Method T-180 shall be deemed sufficient. Unless specificall~~ deleted in the approved plans and specifications, shoulders eight feet in width on each side of the base course shall be stabilized in accordance with Section 160 of the DOT Specification. The subgrade shall be brought to true grade and approved b~~ the CitS~ Engineer prior to installation of the base course. (5) Base Course: (a) Abase course of limerock as specified in Section 911 of the DOT Specifications or crushed concrete shall have a minimum depth of eight inches after compaction, and shall be compacted in two layers to the 98% dry density, all in accordance with the provisions of Section 200 of the DOT Specifications. Ocala formation or Miami Ae~t Oolite formation is acceptable; minimum percentage of carbonates (of calcium and magnesium) in limerock material shall be 95% for Ocala limerock and 70% for Miami limerock. The width of the base course shall exceed the width of pavement as called for in the approved plans and specifications b~~ 12 inches on each side. The use of forms for this course will not be required, and the use of suitable equipment shall be approved b~~ the City Engineer. The base course shall be inspected and approved b~~ the City Engineer prior to installation of the prime coat. (b) In case the above materials are not available, the City eEngineer may allow deviations from the above specifications on a case by case basis ~L... . _ „ F ,. L...11 ...,, ._ t _ C L...11 .,.,_ ...: ,.1 ,. L. ,.11 L... .,.,_ „1. _ ,.1 _ ,. L...11 ----~ r ------ ---- --~- "- ~---- -- -- 3. A~le~5&~d~~7 ~ eig~e€~e~er~~ e~e~ait~e~etr~e~ sf~ =. ~~~ ....~v_ ~>1,.~ ~ ~ /poi. it._. ___,,;,~>1~~ ~~ ~>1„ ~~~,.t ....,.~,,..:,.t ,.>1,.n ..,.,.,. ~ ---- ------- _, -, - r~ --a---i -- ---- ------ ------------ ~ - r--~~ nnoi _~..,~v~,.~_,. ,~__ ___..:~>^~ Alternate base materials must conform to - - ~ ~ .. -.a..-° iv~l~ DOT Specifications. l=€ ,.>^..n ,.,~....~,.~ ,., ~c ~>^.. ,.,~~__.. (6) Priming: After approval, the base course shall be primed and a tack coat applied all in accordance with Section 300 of the DOT Specifications. (7) Surface Course: The surface course shall be ~e-~I S-I or S-III hot laid asphaltic concrete and shall have a minimum depth of 1-1 /2 inches after compaction. Width of paving 2 ORD. NO. 06-08 shall be as called for in the approved plans and specifications and all work shall be in accordance with the applicable portions of Sections 320, 330, 331, and 332 of the DOT Specifications. Final inspection and approval of the surface course by the CitS~ Engineer shall be required. (8) Clean Up: The site shall be cleared of all debris, excess fill, and equipment in a good and workmanlike manner as approved by the CitS~ Engineer. (9) Grade, Drainage: The CitS~ Engineer shall approve the grade and drainage facilities for all construction before a permit shall be issued therefore. (10) Specifications for Curbs and Gutters: Where the road section approved by the Commission calls for curbs and gutters, they shall be constructed of Class I concrete with a minimum strength of 3,000 psi in accordance with Section 520 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Edition of~~ 2007. as amended from time to time. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2008. ATTEST: CitS~ Clerk First Reading Second Reading MAYOR 3 ORD. NO. 06-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director of Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: February 27, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 ORDINANCE NO. 06-08 -STREET AND ALLEY CONSTRUCTION STANDARDS ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations Section 6.1.2(D), Streets and Alley Standards. BACKGROUND Chapter 6 of the Land Development Regulations sets forth standards for design and construction for infrastructure and public property. The proposed amendment updates the construction standards listed in Section 6.1.2(D) specific to streets and alleys. The following is a summary list of the specific changes being proposed: • The referenced edition of the Florida Department of Transportation Specification for Road and Bridge Construction is updated from 1973 to 2007, and the clause `as amended from time to time,' is also added. • The depth of the subgrade is increased from 8 inches to 12 inches, and the Florida bearing value of 50 pounds per square inch (psi) is increased to 75 psi. • Reference to Miami Ocala as an acceptable material for the base course is corrected to Miami Oolite, and crushed concrete is added. • Language providing specific properties regarding mesh size of mollusk shell and percentage by weight is stricken, and replaced with the statement that alternative materials must conform to DOT Specifications. • The surface course is amended to change the type of hot laid asphaltic concrete from Type II to S-I or S-III. • The referenced edition of the Florida Department of Transportation Specification for Road and Bridge Construction is updated from 1973 to 2007 when referenced in the section for curb and gutter specifications. • Minor typographical corrections. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on February 25, 2008. No one from the public spoke on the issue. The Board unanimously recommended approval on a 7 to 0 vote by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 06-08 for aCity-initiated amendment to the Land Development Regulations Section 6.1.2(D), Street and Alley Construction Standards, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: FEBRUARY 25, 2008 AGENDA NO: IV.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 6.1.2(D), STREET AND ALLEY CONSTRUCTION STANDARDS, TO PROVIDE UPDATED CONSTRUCTION STANDARDS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) to update the construction standards for streets and alleys. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS This item was continued from the January 28, 2008 Planning and Zoning Board meeting (see attached staff report). The original draft ordinance included limerock as the only base course material permitted by right. The City Engineer also wanted to include crushed concrete as a base course material to be permitted by right, as opposed to requiring his approval each time. This is reflected in the attached revised ordinance. When deviations from the materials identified in subsection 5(a) are presented, the revised ordinance continues to require conformity with DOT specifications, but allows approval by the City Engineer on a case by case basis. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 6.1.2(D) Street and Alley Construction Standards, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 6.1.2(D) Street and Alley Construction Standards, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). Planning and Zoning Board Meeting, February 25, 2008 LDR Amendment -Construction Standards for Streets an Alleys RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 6.1.2(D) Street and Alley Construction Standards, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ Proposed Ordinance 2 From: Hasko, Richard Sent: Friday, February 29, 2008 10:58 AM To: McDonnell, Mark; Lutchmansingh, Tracie Cc: Pyburn, Terrill; Gaskins, Lanelda; Dorling, Paul Subject: RE: LDR amendment on streets and alleys There are three components to the roadway infrastructure, subgrade, base and surface course. A standard specification for surface course can range between 1" and 3" depending on the rating of the road. Fro local streets, a 1-112" surface course is standard. The base is typically a shellrock or lirnerack layer 8" in depth and compacted to a standard compaction specification (usually 95- 98% ofmaximum attainable density for the material used. The subgrade, which is the first layer to be constructed is typically 12" thick. It can either be stabilized {in situ material mixed in a specified proportion with shell or limerock and compacted to a specific density standard) or simply carnpacted without the addition of stabilizing material to the density standard. If our LDRs specify 8" subgrade, then they have been deficient for a long time. Minimum. 12" depth. for subgrade course has been. a construction standard since I have been practicing engineering. That's probably more information than you wanted but hopefully that will allow you to answer this and any other questions that may arise. From: McDonnell, Mark Sent: Friday, February 29, 2008 10:51 AM To: Hasko, Richard; Lutchmansingh, Tracie Cc: Pyburn, Terrill; McDonnell, Mark; Gaskins, Lanelda; McDonnell, Mark; Dorling, Paul Subject: LDR amendment on streets and alleys Richard or Tracie- Mr. Harden may question why the depth for the subgrade for street and alley construction is being amended to increase it from the current 8 inches, to the proposed 12 inches. The ordinance {06-08) links it to DOT Specification Section 160, but do either of you know the reason why it was increased from 8" to 12"? Your timely response is appreciated. Mark McDonnell, AICP, Assistant Director Department of Planning and Zoning City of Defray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 ph-561-243-7046 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 6, 2008 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 ORDINANCE NO. 14-08 -SECOND READING ITEM BEFORE COMMISSION This item is before Commission for consideration of an ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted By Reference", of the Code of Ordinances by repealing Subsection (B)(5). BACKGROUND At the first reading on March 3, 2008, the Commission passed Ordinance No. 14-08. RECOMMENDATION Recommend approval of Ordinance No. 14-08 on second and final reading. ORDINANCE NO. 14-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY REPEALING SUBSECTION (B) (5) IN ORDER TO PROVIDE UPDATED REFERENCES; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the CitS~ Commission of the CitS~ of Delray Beach, Florida, desires to reference current Florida Fire Prevention Code sections and eliminate outdated references. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 96.16, "Certain Codes Adopted by Reference", Subsection (B)(5) shall be hereby repealed and Subsection (B) (6) shall be renumbered as follows: Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE. {~} ~ Section 7-7.1.1 is amended to include the following language: Remote monitoring locations shall not be permitted to verify fire alarm signals prior to reporting them to the Fire-Rescue Department. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediatel~~ upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this da~~ of 2008. ATTEST: CitS~ Clerk First Reading Second Reading MAYOR 2 ORD. NO. 14-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: February 26, 2008 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 ORDINANCE 14-08 ITEM BEFORE COMMISSION The item before the Commission is first reading of Ordinance 14-08. BACKGROUND The attached Ordinance 14-08 updates the City's fire code by eliminating outdated references to the Florida Fire Prevention code. RECOMMENDATION City Commission discretion. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: March 12, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 ORDINANCE N0.08-08 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 8-08 which repeals Chapter 57, "Right-of-Way Application Process for Communications Facilities" and enacts a new Chapter 57, "Communications Facilities in Public Rights-of-Way. BACKGROUND This ordinance governs the placement of communications facilities in the City's rights-of-way pursuant to Florida Statute 337.401. The ordinance updates the City's current ordinance to (a) specifically reference the Consumer Choice Act of 2007 (Florida HB 529), (b) include the fee requirement applicable to pass through providers, and (c) include requirements for insurance, security and construction bonds to the extent not otherwise prohibited. The Consumer Choice Act (Florida HB 529) provides that counties and municipalities may no longer award cable franchises and provides for state issued cable franchises. The revised ordinance provides for definitions, a registration process, fees and payments (if the applicant does not pay the taxes imposed by Florida Statute Chapter 202), a requirement to install the line underground unless it is not technically feasible, submission requirements of certain documents prior to work in the ROW, insurance requirements, a requirement for a construction bond and security fund, and enforcement remedies. RECOMMENDATION Staff recommends approval of Ordinance 8-08. ORDINANCE NO. 8-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING, IN ITS ENTIRETY, CHAPTER 57, "RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES" OF THE CODE OF ORDINANCES AND ENACTING A NEW CHAPTER 57, "COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY"; TO PROVIDE THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND MAINTAINING OF A COMMUNICATIONS FACILITY IN THE CITY'S PUBLIC RIGHTS-OF-WAY FOR THE PROVISION OF COMMUNICATIONS SERVICE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has made the following determination: WHEREAS, Section 337.401, Florida Statutes provides that because of the unique circumstances applicable to providers of Communications services and the fact that federal and state law require the nondiscriminatory treatment of providers of Communications services, and because of the desire to promote competition among providers of Communications services, it is the intent of the Legislature that municipalities and counties treat providers of Communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement and maintenance of Communications facilities in the public roads or rights-of--way. Rules and regulations imposed by a municipality or City relating to the placement or maintenance of Communications facilities in its roads or rights-of--way must be generally applicable to all providers of Communications services, and, notwithstanding any other law, may not require a provider of Communications services, to apply for or enter into an individual license, franchise or other similar agreement with the municipality or City as a condition of placing or maintaining Communications facilities in its roads or rights-of--way; and WHEREAS, the City Commission of The City of Delray Beach, Florida ("Commission") has determined it is in the public interest of the City to permit the placement of one (1) or more Communications systems or facilities in the public rights-of--way of the City ;and WHEREAS, the public rights-of--way subject to the jurisdiction and control of the City (1) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) are a unique and physically limited resource and proper management by the City is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, placement, relocation, and maintenance in the public rights-of--way, (3) are intended for public uses and must be managed and controlled consistently with that intent; and WHEREAS, Sections 337.401 and 364.0361, Florida Statutes, require that a local government treat Communications companies in a nondiscriminatory manner when exercising the authority to manage the public rights-of--way; and WHEREAS, it is the intent of the City Commission to encourage competition by providing access to the public rights-of--way of the City on a nondiscriminatory basis; and WHEREAS, it is the intention of the City Commission to recognize the interests of Communications service providers to install their facilities in public rights-of--way as a means of promoting the use of such technology for the good of the people of the City; and WHEREAS, the enactment of the Communications Act of 1996, amendments to applicable statutes of the State of Florida and developments in Communications technology and services have resulted in an increase in the number of persons certified by the Florida Public Service Commission to provide Communications Services; and WHEREAS, various Communications service providers have requested or may request the right to occupy the public rights-of--way of the City for the purpose of installing, maintaining and operating Communications systems or facilities; and WHEREAS, it is the intent of the City Commission to exercise the City's authority over the Communications service providers' occupancy of the public rights-of--way in compliance with applicable federal and state law; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 57, "Right-of--Way Application Process for Communications Facilities", of the Code of Ordinances is hereby repealed in its entirety and a new Chapter 57, "Communications Facilities in Public Rights-of-Way", is enacted to read as follows: CHAPTER 57 COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS OF WAY Sec. 57.01. Intent and Purpose. The City of Delray Beach the "City ") hereby declares as a legislative finding that the public rights-of--way within the City are a unique and physically limited resource that are critical to the travel and transport of persons and property in the City; that the public rights-of--way must be managed and controlled in a manner that enhances the health, safety and general welfare of the City and its citizens; and that the use and occupancy of the public rights-of--way by providers of Communications services must be subject to re~,ulation which can ensure minimal inconvenience to the public. coordinate users. maximize available sbace_ reduce maintenance and 2 costs to the public, and facilitate entry of an optimal number of providers of Communications services, including but not limited to telephony and cable, is in the public interest. It is the intent of the City to promote the public health, safety and general welfare b~ providing for the placement or maintenance of Communications facilities in the public ri ht~ s-of- way within the City limits; adopting and administering reasonable rules, regulations and e~ neral conditions not inconsistent with state and federal law, including Section 337.401, Florida Statutes 2007), as it may be amended from time to time, and in accordance with the provisions of the Federal Communications Act of 1996 and other federal and state law; establish reasonable rules, regulations and general conditions necessary to mana e~ the placement and maintenance of Communications facilities in the public rights-of--way by all Communications service providers; minimize disruption to the public rights-of--way; and require the restoration of the public ri~hts- of-way to original condition. This Chapter shall apply to any entity who seeks to construct, place, install, maintain or operate a Communications system or facilities, as such terms are defined herein, in the public rights-of--way, unless otherwise exempt by operation of applicable state or federal law. This Chapter shall be interpreted to be consistent with the Consumer Choice Act of 2007 of the state of Florida and to the extent not otherwise prohibited by the Act shall be applicable to the provision of cable service after July 1, 2007. This Chapter is not applicable to towers and antennas installed for the provision of wireless communication services. Sec. 57.02. Definitions. For the purpose of this Chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words not otherwise defined in this section or in any permit that mi h~ t be r~ anted under this article shall be liven the meaning set forth in the Communications Act of 1934, 47 U.S.C. Section 151 et seq., as amended (collectively, the "Communications Act"), and, if not defined therein, as defined by state statute; and, if not defined therein, be construed to mean the common and ordinary meaning. ~A) "Abandonment" means the permanent cessation of all uses of a Communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be Abandonment of a facility in the public rights-of-wad ~B) "Affiliate" means each person, directly or indirectly, controlling, controlled by, or under common control with a Communications Services Provider that is registered with the CitX; provided that affiliate shall in no event mean any limited partner, member, or shareholder holding an interest of less than fifteen percent 15%) in such Communications Services Provider. ~C) "As-builts" mean the final and complete drawings in hard co~y signed and sealed by a professional surveyor and maker as defined in §472.005, Florida Statutes) and the final and complete electronic overview map~in autocad, microstation, mapinfo or ESRI format presented in computer input medium such as cd-rom, dvd or zip. As-builts, in both the drawings and the electronic overview map, must show the present state of a Communications Services Provider's facilities in the public rights-of--way, including, but not limited to, the horizontal and vertical location of facilities located at least every one hundred (100) feet and at any ali n~ ment change. Horizontal locations on all points of facilities shall be from street centerline, or section or quarter section lines or corners. Vertical locations on all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum. ~D) "City" means The City of Delray Beach, Florida, a political subdivision of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form. ~E) "Co-locate" or "Co-location" means the shared use of facilities, such as poles, ducts or conduit, including but not limited to the placement of conduit owned by more than one user of the public rights-of--way in the same trench or boring and the placement of equipment owned by more than one user in the same conduit. Co-location does not include interconnection of facilities or the sale or purchase of capacity ~F) "Communications Company" or "Telecommunications Company" has the meaning set forth in Section 364.02(12), Florida Statutes, and includes any company providing communications services as defined in Section 202.11(2) and Section 337.401(6). Gl "Communications facility facility or facilities" means any facility that may be used to provide Communications Services, including but not limited to, equipment or propertX, including, but not limited to, cables, conduits, converters, splice boxes, cabinets, manholes, vaults, equipment, drains, surface location markers, appurtenances, located, to be located, used, or intended to be used, in the Public Rights-of--Way of the City to transmit, convey, route, receive, distribute, provide or offer Communications Services. ~H) "Communications Pass-Through Provider" means any person who places or maintains a Communications Facility in the roads or right of way of the City and who does not remit taxes imposed pursuant to Chapter 202 Florida Statutes. ~p "Communications Services" shall include, without limitation, the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by and through electronic, radio, satellite, cable optical, microwave, or other medium or method now in existence or hereafter devised. regardless of the brotocol used for such transmission or conveyance ~J) "Communications Services Provider" shall refer to any Person making available or providing Communications Services, as defined in Ch. 202.11(2) FL. Stat (2007), through the placement or use of a Communications Facility in the Public Rights of Wad 4 ~K) "Communications System or Systems" means any permanent or temporary plant, equipment and propertyplaced or maintained in the public rights-of--way that is occupied or used, or is capable of being occupied or used, by a Communications services provider for the purpose of producing, conveying, routing, transmitting, receiving, amplifying, distributingproviding or offering Communications services including, but not limited to cables, wires, lines, conduits, fiber optics, antennae, radios and any associated poles, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, and other plant, equipment and pathway "Excavation" or other similar formulation of that term means the trenching or other disturbance to the public rights-of--way intended to chan e~ the grade or level of land or that causes any cavity, gap, depression, penetration or hole in the surface of the public rights-of-wad ~M) "FCC" means the Federal Communications Commission. ~N) "Government" means the United States of America, the State of Florida or the City of Delray Beach, Florida, and any of their respective agencies, departments or bureaus. ~O) "In the public rights-of--way" means in, along, on, over, under, across or through the public rights-of-wad ~P) "Law" means any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, Chapter, resolution, regulation, rule, tariff, guideline or other requirements, as amended, now in effect or subsequently enacted or issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended by the Communications Act of 1996, 47 U.S.C.A § 151 et seq~1996), and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Commission or the governing State authoritypursuant thereto. ~Q) "Person" means any individual, firm, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, association, corporation, company, organization or legal entity of any kind, including any affiliate, successor, assignee, transferee or personal representative thereof, and all other ,groups or combinations, and shall include the City to the extent that the City acts as a Communications services provider. Rl "Placement or maintenance" or other similar formulation of that term means the named actions interpreted broadly to encompass, among other things, erection, construction, reconstruction, installation, inspection, maintenance, placement, replacement, extension, expansion, repair, removal, operation, occupation, location, relocation, rg ading under~roundin~, trenching or excavation. Any Communications services provider that owns, leases or otherwise controls the use of a Communications system or facility in the public rights-of--way, including the physical control to maintain and repair, is "placing or maintaining" a Communications system or facility. A person providing service only through buying wholesale and then resellin i~ snot "placing or maintaining" the Communications facilities through which services is provided. The transmission and receipt of radio frequency signals through the airspace of the public ri ht~ s-of- way does not constitute "placing or maintaining" facilities in the public rights-of-wad ~S) "PSC" means the Florida Public Service Commission. ~T) "Public Rights-of--Way" means a road, street, highway, bride, tunnel or alley that is owned by the City, publicly held by the City or dedicated to the City for public use and over which the City has jurisdiction and control and may lawfull~~rant access pursuant to applicable law, and includes the space above, at or below the surface of such right-of--way. "Public ri~hts- of-way" shall include public utility easements and City services easements that are under the jurisdiction and control of the City wherein the City now or hereafter acquires the right to locate or permit the location of Communications facilities; provided that the terms and conditions of any such easement expressly prohibit the use of particular easement for purposes other than which it was conveyed, dedicated or condemned. "Public rights-of--way" shall not include (1) county, state or federal rights-of-way~2) property owned by any person other than the City~3) service entrances or driveways leading from the road or street onto adj oinin~property or (4) except as described above, any real or personal property of the City, such as, but not limited to, City parks, buildings, fixtures, poles, conduits, sewer lines, facilities or other structures or improvement, regardless of whether they are situated in the public rights-of-wad ~U) "Registrant or facility owner" shall mean a Communications company or other person which seeks to use the public rights-of--way that has registered with the City in accordance with the provisions of this Chapter. ~V) "Registration and register" shall mean the process described in Section 57.03, whereby a Communications service provider provides certain information to the Cites Sec. 57.03. Registration. Al Each Communications service provider that desires to place. erect. construct install, locate, maintain, repair, extend, expand, remove, or relocate any Communications facilities in, under, over or across any public rights-of--way in the City shall be considered to be using the public rights-of--way and shall be reauired to register with the Citv in accordance with the terms of this Chapter ~B) Any Communications service provider desiring to use the public rights-of-waX shall file a registration with the City Manager or his/her designee, which shall include the following information: 1. Identity of the applicant and name, address and telephone number of applicant's primary contact person in connection with the registration; 2. A statement of whether the applicant presently provides retail services to any Communications services customers within the jurisdictional limits of the City at the time of registration or whether the applicant simply intends to lease its facilities to other Communication Service Providers who will be providing direct service to retail customers within the jurisdictional limits of the City. This information will allow the City to follow up with the registrant at the time the registrant begins to make physical use of the public rights-of--way, and to determine whether a linear mile charge is a~licable in accordance with Section 57.04 of this Chapter. 3. Evidence of the insurance coverage required under this Chapter and acknowledgment that registrant has received and reviewed a co~y of this Chapter; 4. A co~y of federal and/or state certification authorizin t~ he a~licant to provide Communications services: and 5. A security fund in accordance with this Chapter. 6. Acknowledgment that Registrant has received and reviewed a co~y of this Chapter. ~C) The City will review the information submitted by the applicant. Such review will be by the City Manager or designee. If the applicant submits information in accordance with Section 57.03 above, the registration shall be effective and the City shall notify the applicant of the effectiveness of registration in writing. If the City determines that the information has not been submitted in accordance with Section 57.03 above, the City shall notify the applicant of the non-effectiveness of registration, and reasons for the non-effectiveness, in writing. The CitX shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. Upon notification of the non-effectiveness of the registration, nothing herein shall preclude the applicant from filing a subsequent application addressing the basis for the non- effectiveness. If the registrant disputes the determination of non-effectiveness for the particular application submitted, the only avenue of redress shall be an meal under Section 57.07(P). Failure to comply with the meals section for the particular application found to be non-effective shall be sufficient grounds for the City to reject that particular application in the future. A registrant may cancel a registration upon written notice to the City Manager or his/her designee stating that it will no longer maintain facilities in the public rights-of--way and will no longer need to pull permits to perform work in public rights-of--way. Within thirty~30) days of anX change in the information required to be submitted pursuant to Section 57.03, registrant shall provide updated information to the Cites ~D) A registration shall not convey title, equitable or legal, in the public rights-of-wad Registrants may only occu~y public rights-of--way for Communications facilities. Registration does not excuse a Communications Service Provider from obtaining appropriate access or bole 7 attachment consents before locating its facilities on another person's facilities. Registration does not excuse a Communications Service Provider from complying with all applicable CitX ordinances, including this ordinance. ~E) Registration with the City shall be non-exclusive. Registration does not establish any priority for the use of the public rights-of--way by a registrant or any other registrants. Registrations are expressly subject to any future amendment to or replacement of this Chapter and further subject to any additional City ordinances, as well as any state or federal laws that maX be enacted during the term of the registration. Sec. 57.04. Fees and Payments. ~A) In consideration for the ri h~ ts, privileges and permission granted hereunder, a Registrant hereunder shall pay an annual Communications Service Tax as set forth in Chapter 202 Florida Statues. Said tax shall be in addition to any permit fees imposed by the CitX pursuant to an election made by the Citespursuant to Chapter 202 Florida Statutes. ~B) A Registrant who places or maintains a Communications Facility in the roads or rights of way of the City who does not remit taxes imposed pursuant to Chapter 202 Florida Statutes, also defined as a Pass Through Provider, shall pay to the City annually Five Hundred Dollars $SOO.OO~per linear mile or portion thereof in addition to any permit fees the City is authorized to collect. The linear mile charge authorized by this Section shall be based on the linear miles of roads or Rights of Way where a Communications Facility is placed, not based on a summation of the lengths of individual cables, conduits, strands or fiber. ~C) Notwithstanding anything to the contrary, the City hereby reserves the ri h~ t to require the maximum compensation allowed bylaw. ~D) Pursuant to Chapter 337.401(3)(f), nothing herein shall prohibit or impair anX voluntary agreement between a Registrant and the City which provides for or allows for the provision of in-kind compensation by the Registrant to the City in addition to the fees and payments set forth in Sections 57.04(A) and 57.04(B) above. Sec. 57.05. Reports and Records. ~A) A registrant shall provide the following documents to the City as received or filed: (1) Any pleadings, petitions, notices and documents re a~ rdin~ any legal proceeding involving any provisions of this Chapter or any permit or Agreement rg anted pursuant to this Chapter. (2) Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy ~B) In addition, the City may, at its option and upon reasonable notice to the registrant, inspect the facilities in the public rights-of--way and to require applicable reports and records including but not limited to FCC compliance and performance tests to ensure the safety of its residents. ~C) Unless prohibited by applicable law, such other books, records, accounts and materials reasonably required by the City to determine compliance with this Chapter. ~D) The City shall keep any documentation, books and records of the re is~ trant confidential to the extent permitted under Florida Statutes. Sec. 57.06. Underground Installation; Relocation. ~A) A registrant shall install its facilities underground, unless such under rounding is not technically feasible. This provision shall apply prospectively for all new facilities, to the extent that this obligation is not expressly prohibited by federal law, state law or applicable PSC rules and re~,ulations. ~B) Every registrant that places or constructs Communications facilities under r~ ound shall maintain appropriate participation in the regional notification center for subsurface installations. Communications facilities heretofore or hereafter blaced ubon_ under. over or along any public rights-of-way that is found by the City to be unreasonably interferin i~ n anX way with the convenient, safe or continuous use, or the maintenance; improvement, extension or expansion of such public rights-of--way shall, upon written notice to the registrant or its a end t, be removed or relocated by such registrant at its own expense, within thirty (30) days of such notice, consistent with Section 337.403, Florida Statutes. The City Manager or his/her designee maX extend the time within which a registrant shall remove or relocate a Communications facility for good cause shown. ~D) The Registrant shall not in any way displace, damage, or destroy any facilities, including, but not limited to, gas, sewer, water main, pipe, cable, conduit, fiber optic, or other pathway or any other facilities belonu~n~ to the City. The registrant shall be liable to the City for the costs of any repairs made necessary by any such displacement, damage or destruction, of facilities belonu~n~ to the City, and the registrant shall pay such costs upon demand. In the case of an emergency, the City may commence repairs without any prior notice to the registrant. The term emergency shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency, the City may cause the repairs to be made at the facility owner's expense, utilizing City employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the City to the re ist~ rant. After thirty~30) days, the City may obtain reimbursement from the security fund. In all other non-emergency circumstances, the registrant shall be even prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the thirty~30) calendar days after receiving notice, the City may cause the repairs to be made at the facility owner's expense, utilizing City employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the City to the re ist~ rant. Alain, after thirty (30) days, the City may obtain reimbursement from the security fund. ~E) Subject to Section 337.403, Florida Statutes, whenever an order of the CitX requires such removal or change in the location of any Communications facility from the public rights-of--way, and the facility owner fails to remove or change the same at its own expense to conform to the directive within the time stated in the notice, the City may proceed to cause the Communications facility to be removed. The expense thereby incurred, except as provided in Section 337.403(1)(a)-(c), Florida Statutes, shall be paid out of any money available therefore, and such expense shall be charged against the owner of the Communications facility and levied, collected and paid to the Cites ~F) Subject to Section 337.404, Florida Statutes, whenever it shall be necessary for the City to remove or relocate any Communications facility, the owner of the Communications facility, or the owner's chief went, shall be liven written notice of such removal or relocation and requiring the payment of the costs thereof, and shall be given reasonable time, which shall not be less than twenty~20) nor more than thirty~30) days, to file an meal with the CitX Commission to contest the reasonableness of the order. Upon receipt of a written meal, the City Commission shall place the matter on its agenda for consideration within forty-five 45~ working days. Should the owner or the owner's representative not wear, the determination of the cost to the owner shall be final, in accordance with Section 337.404, Florida Statutes. ~G) A final order of the City, imposed pursuant to Florida Statutes and applicable provisions of this Chapter and the City code, if any, shall constitute a lien on andproperty of the owner and maybe enforced as provided therein. ~H) The City retains the right and privilege to cut or remove any facilities located within the public rights-of--way as the City Manager or his/her designee in reasonable discretion may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the City shall attempt to notify the owner of the facility, if known,~rior to cutting or removing a facility and shall notify the owner of the facility, if known, after cutting or removing a facility ~p Upon abandonment of a facility within the public rights-of--way of the City, the owner of the facility shall notify the City within ninety~90) days. Following receipt of such notice, the City may direct the facility owner to remove all or any portion of the facility if the City determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the City does not direct the removal of the abandoned facility by the owner of the facility and the facility owner chooses not to remove its facilities, then such owner, b_y its notice of abandonment to the City, shall be deemed to consent to the alteration or removal of all or andportion of the facility by another utility or person. 10 ~J) A registrant shall, on the request of any person holding a permit issued by the City, temporarily raise or lower its Communications facilities to permit the work authorized bX the permit. The expense of such temporary raising or lowering of facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in advance. The registrant shall be liven not less than thirty (30) days advance notice to arrange for such temporary relocation. Sec. 57.07. Use of Rights-of--Way. ~A) A facility owner agrees at all times to comply with and abide by all applicable provisions of the state statutes and local laws including, but not limited to, applicable zoning re~,ulations not inconsistent with state and federal laws. ~B) Except in the case of an emergency, no Communications Service Provider shall construct any facility over, under or within any public rights-of--way which disrupts the public rights-of--way without first filing an a~lication with and obtaining a permit from the CitX therefore, pursuant to applicable permitting requirements of the City and other a~licable CitX Code requirements, except as otherwise provided in this Chapter. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out of service condition of apre-existing service. Registrant shall still be required to provide prior notice to the City in the event of an emergency. For the purposes of the notice requirements herein, the City shall provide the registrant with a City contract. When work is performed on an emergency basis, the registrant must still apply for a permit by the following business day in accordance with the City's permitting guidelines. In all instances, the registrant shall restore all dammed property and indemnify the City from any and all damages caused by the registrant's emergency work. Unless otherwise required by this Chapter, the City may waive the permit requirement in cases where there will be no disruption of the public rights-of-wad ~C) As part of any permit application with respect to new or existing facilities in the public rights-of--way, where applicable, the registrant shall provide a proposal for construction of the Communications facility that sets forth at least the following: (1) An en ink eerin~plan signed and sealed by a Florida registered professional engineer or prepared by a person who is exempt from such registration requirements as provided in Section 471.003, Florida Statutes, identifying the location of the proposed facility, including a description of the facilities to be installed, where it is to be located, and the approximate size of facilities and equipment that will be located in, on, over, or above the public rights-of-wad (2) Maps showing the routing of new construction that involves an alteration to the surface or subsurface of the public rights-of--way. A registrant may not begin construction until the plans and drawings have been approved in writing by the Cites 11 A describtion of the manner in which the facility will be installed (i.e. anticipated construction methods and/or techniques). (4) The time required to place the facility (5) A maintenance of traffic plan for any disruption of the public ri ht~ s-of- way. (6) Information on the ability of the public rights-of--way to accommodate the proposed facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other users of the public rights-of--way) (7) If a~ropriate, liven the facility proposed, an estimate of the cost of restoration of the public rights-of-wad (8) And, such plan shall include the timetable for construction for each phase of the broiect and the areas of the Citv that will be affected. (9) Any such additional information as the City Manager or his/her designee finds reasonably necessary to review an a~lication for a permit to perform work in the public rights-of-wad Dl If there is insufficient sbace to accommodate all of the reauests to occubv or use the rights-of--way, to the extent not otherwise prohibited by state or federal law, the City shall have the power to prohibit or limit the placement of new or additional facilities within the public rights-of--way for the protection of existing facilities in the public rights-of--way, or for Citesplans for public improvements, which have been determined by the City to be in the public interest. In case of conflict or interference between the facilities of different registrants, the registrant whose facilities were first permitted shall have priority over a competing registrant's use of the public rights-of-way. The resolution of any conflict or interference shall be made in a manner that is consistent with the non-discrimination provisions of the Federal Communications Act of 1996. (2) There may be from time to time within the City various easements and streets, which the City does not have the unqualified right to authorize registrant to use; therefore, the City does not warrant or represent as to any particular easement, rights-of--way, or portion of aright-of--way or easement, that it has the right to authorize the registrant to install or maintain portions of its facilities therein, and in each case the burden and responsibility for making such determination in advance of the installation shall be upon the registrant. The CitX shall not be required to assume any responsibility for the securing of any rights-of-waX, easements or other rights that may be required by the registrant for the installations of its facilities, nor shall the City be responsible for securing any permits or agreements with other persons or utilities. 12 (3) Nothing in this Chapter shall affect the City's authority to add, vacate, or abandon public rights-of--way, and the City makes no warranties or representations re a~ rdin~ the availability of any added, vacated or abandoned public rights-of--way for Communications facilities. (4) Upon request of the City, a registrant may be required to coordinate the placement or maintenance of facilities under a permit with any other work, construction, installation or repairs that maybe occurring or scheduled to occur within a reasonable time frame in the subject public rights-of--way, and registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbances in the public rights-of-wad ~E) All facilities shall be installed, located and maintained so as not to unreasonablX interfere with the use of the public rights-of--way by the public and so as not to cause unreasonable interference with the rights and convenience of property owners who adjoin any of the public rights-of--way. The registrant shall be liable for costs and expenses for the displacement, damage or destruction of any irri ate ion system or landscaping within the public rights-of--way, to the extent not covered by the construction bond. In the event the registrant fails to make the a~ropriate repairs to restore such property to as good a condition as existed prior to the commencement of the work, the affected property owner may file a complaint with the CitX Manager or his/her designee. In this instance, the registrant shall be~ven prior written notice of the necessary repairs by the City Manager or his/her designee. If such repairs are not performed in a reasonable and satisfactory manner within thirty (30) calendar days after receiving notice, the City may cause the repairs to be made at the facility owner's expense, utilizing City employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the City to the registrant. After thirty~30) days, the City maX obtain reimbursement from the security fund. The prior written notice described in this subsection shall be considered a final written decision for purposes of the a~ellate rights outlined in subsection (P) of this Section. ~F) The use of trenchless technolo~y (i.e., directional bore method) for the installation of facilities in the public rights-of--way, as well as joint trenching and/or the co-location of facilities in existing conduit, is strongly encouraged and should be employed wherever possible. ~G) The City Manager or his/her designee may issue such additional rules and re~,ulations concerning the placement and maintenance of a Communications facility in the public rights-of--way as may be consistent with a~licable law and not inconsistent with this Chapter. ~H) All safety practices required by a~licable law, or accepted industry practices and standards, shall be used during construction, maintenance and repair of the Communications facilities. Registrant's work, while in progress, shall be properly protected at all times with 13 suitable barricades, flays, lights, flares or other devices, as are required by the Manual on Uniform Traffic Control Devices (FDOT) and/or any requirements of the City to protect all members of the public having occasion to use the portion of the streets involved or adjacent property ~p If, at any time during the term of the rights granted herein, the City shall lawfully elect to alter, or chan e~ the grade of, any public rights-of-way, upon reasonable notice by the City, the registrant shall make any necessary removals, relayin~ and relocations of its Communications facilities at its own expense, in accordance with applicable law. The CitX reserves the ri h~ t to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, Communications or other types of facilities, cables or conduits, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in the public rights-of--way occupied by the re ~ std rant. ~J) A facility owner shall obtain any and all required permits and pay any and all required fees before commencing any construction on or otherwise disturbing any public ri~hts_ of-way as a result of its construction. (1) The registrant shall, at its own expense, restore such property to as o~ od a condition as existed prior to commencement of work. A registrant shall guarantee its restoration for a period of twelve (12) months after the completion of such restoration. If such restoration is not performed in a reasonable and satisfactory manner within thirty~30) calendar days after the completion of construction, the City may, after prior written notice to registrant, cause the repairs to be made at the facility's owner expense, utilizing City employees, agents or contractors, charge any and all costs, and require reimbursement within thirty~30) days after the submission of the bill by the City to the re ' std rant. A hermit from the Citv constitutes authorization to undertake only certain activities on public rights-of--way in accordance with this Chapter, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-wad ~K) All ongoing installation, construction and maintenance of a Communications facility located in the public rights-of--way shall be subject to the City's periodic inspection for compliance with this Chapter, or any applicable provisions of this Chapter and City Codes. ~L) A facility owner shall not place its facilities so as to interfere unreasonably with any other person lawfully using the public rights-of--way of the Cites ~M) The registrant shall, upon request of the City Engineer or his/her designee, and at no cost to the City, produce and provide to the City Engineer or his/her designee a complete set of as-built plans including but not limited to, horizontal and typical vertical profiles, within sixtX (60) days after construction of any portion of the system. A registrant shall cooperate with the 14 City by providin t~ imely and complete information under this subsection. Upon completion of any installation or construction of new facilities in public rights-of--way, the registrant shall provide, at no cost to the City, such information as may be requested showing the exact location of its facilities and structures, including but not limited to, maps, geographical information systems, plats, construction documents, drawings and any other information the City may find reasonably necessary. Such plans shall be provided in digitized format showing the two- dimensional location of the facilities based upon the City's geographical database datums, or other format acceptable to the City Manager. All information required by this Section shall be maintained in accordance with the public records laws of the State of Florida. ~N) Suspension or denial of Permits. Subject to subsection (P) below, the CitX Manager or a designee may suspend an existing permit or deny an a~lication for a permit for work in the public rights-of--way for one or more of the following reasons: Violation of hermit conditions. including conditions set forth in this Chapter or other a~licable provisions of City Codes or regulations ~overnin~ use of public rights-of--way; or (2) Misrepresentation or fraud by registrant in a registration or permit application to the City; or (3) Failure to relocate or remove facilities as may be lawfully required by the City; or (4) Failure of registrant, its employees, agents or subcontractors, in connection with the subj ect permit, to (a) Place barricades or suns around the work area, bl Take reasonable safety brecautions to alert the bublic of work at the work site, or (c) Repair, replace and restore any sidewalk, street, alley, pavement, water. sewer or other utility line or abburtenance_ soil. landscabin~_ dirt or other imbrovement_ roperty or structure of any nature In the event of such failure, the City may perform the work utilizing CitX employees, agents or contractors, charge any and all costs, and registrant shall be required to reimburse the City within thirty~30) calendar days after the submission of the bill by the City to registrant. In the event the City incurred costs as described herein, the registrant shall be required to reimburse the City for any and all such costs before the suspension or denial can be lifted. The City Manager or his/her designee shall have the discretion to waive this requirement. 15 ~O) Immediately after the suspension or denial of a permit pursuant to this Section, the City shall provide written notice of the violation, which notice shall contain a description of the violation. A final written decision of the City Mana e~ r suspending a permit or denying an application for a registration is subject to meal. Upon correction of any violation that gave rise to a suspension or denial of permit, the suspension or denial shall be lifted. ~P) All final written decisions may be appealed by filing a written notice of meal with the City Clerk and providing copies to the City Manager and City Attorney. An meal must be filed with the City within thirty~30) days of the date of the final, written decision to be appealed. Any meal not timely filed as set forth herein shall be waived. The notice of meal shall state the decision that is being a~ealed, the grounds for meal, a brief summary of the relief sought, and shall be accompanied by anon-refundable fee of $100.00. The CitX Commission may affirm, modify or reverse the decision of the City Manager. The City Manager or his/her designee shall notify any party who has filed a written request for such notification of the date when the matter will be presented to the City Commission. Nothing contained herein shall preclude the City Commission from seeking additional information prior to rendering a final decision. The decision of the City Commission shall be by written order and a co~y of the decision shall be forwarded to the City Manager and the a~pealin~party. Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the City Commission may meal an adverse decision to the Circuit Court in and for Palm Beach County, Florida, or applicable federal or district court in Palm Beach County. The party makin tg he meal shall be required to pay to the City Clerk a fee as established by the Clerk. In the event registrant desires to use its existing facilities or to construct new facilities for the purpose of providing other utility or non-utility services to existing or potential consumers or resellers by providing cable services, or any other services other than the provision of Communications service, or for providing any other use to existing or potential consumers, a registrant shall seek such additional and sebarate authorization from Citv for such activities as maybe required by applicable law. ~R) To the extent that andperson or registrant leases or otherwise uses the facilities of an entity that is duly registered or otherwise authorized to place and maintain facilities in the public rights-of--way of the City, the person or registrant shall make no claim, nor assert any right which will impede the lawful exercise of the City's rights, including requiring the removal of such facilities from the public rights-of--way of the City, regardless of the effect on the person's ability to brovide service. or on the registrant's ability to maintain its own Communications facilities in the public rights-of--way of the Cites Sec. 57.08. Involuntary Termination of Registration ~A) The involuntary termination of a registration may only be accomplished by an action of the City Commission. The City may declare the registration terminated and revoke and cancel all privileges granted under that registration if: 16 (1) A federal or state authority suspends, denies, or revokes a registrant's certification to provide Communications service. (2) The registrant is adjudicated bankrupt by a United States District Court or through any legal proceeding of any kind, or that a receiver is anointed to take possession of the assets of the registrant, or (3) Fails to provide proof of required insurance. The registrant abandons all of its facilities. ~B) Prior to such termination of the City resulting from a violation of any of the provisions of this Section, the registrant shall be notified by the City Manager or his/her designee with a written notice setting forth all matters pertinent to such violation and describing the action of the City with respect thereto. The registrant shall have sixty~60) days after receipt of such notice within which to cure the violation, or within which to present a plan, satisfactory to the City Commission to accomplish the same. In the event of an emergency, the City may take appropriate action in accordance with Section 57.06 of this Chapter. In the event of a vote by the City Commission to terminate, the registrant shall, within a reasonable time following such termination, remove or abandon the facilities and take such steps as are necessary to render safe every portion of the facilities remaining with the public rights-of--way of the City. If the registrant has either abandoned its facilities or chooses to abandon its facilities, the City maX either: (1) Require the registrant's bonding company to remove some or all of the facilities from the public rights-of--way and restore the public rights-of--way to its proper condition, or (2) The City may require that some or all of the facilities be removed and the public rights-of--way restored to its proper condition at the registrant's expense, utilizing CitX employees, agents or contractors, and charge any and all costs, and require reimbursement. ~C) The obligations of the registrant and the bonding company hereunder shall survive for a period of twenty-four 24) months from the termination of the registration. In the event of a termination of registration, this provision does not permit the City to cause the removal of anX facilities that are used to provide another service for which the registrant holds a valid certification with the governing federal and state communications agencies and is properlX registered with the City for such certificated service, under this Chapter. Sec. 57.09. Compliance with Other Laws; Police Power. 17 A facility owner shall at all times be subject to and shall comply with all applicable federal, state and local laws. A facility owner shall at all times be subject to all lawful exercises of the police power of the City, to the extent not inconsistent with applicable laws. Sec. 57.10. Transfer of Control; Sale or Assignment. ~A) If the registrant transfers or assigns its registration incident to a sale or other transfer of the registrant's assets, the transferee or assignee shall be obligated to comply with the terms of this Chapter. Written notice of any transfer, sale or assignment shall be provided to the City within twenty~20) days following the effective date of the transfer, sale or assignment. In order for the transfer of registration to be effective, the transferee or assignee must comply with the registration requirements under Section 57.03 of this Chapter. ~B) Notwithstanding anything in this Chapter, pledges in trust or mortgages or other hypothecations of the assets of the registrant to secure the construction, operation or repair of its Communications facilities may be made to any person with notice to the City. Any mortgage, pledge, lease or other encumbrance of the Communications facilities shall be subject and subordinate to the rights of the City by virtue of this Chapter or other applicable law. Sec. 57.11. Insurance; Surety; Indemnification. ~A) A facility owner shall at all times maintain the following liability insurance coverage insuring the registrant and naming the City, its officers, boards, Commission, Commission members, agents and employees as additional insureds; worker's compensation and employer liability insurance to meet all requirements of Florida law and commercial e~ neral liability insurance with respect to the construction, operation and maintenance of the Communications facilities, and the conduct of registrant's business in the City, in the minimum amounts of: (1) $500,000 for property dama e~ in any one accident; (2) $1,000,000 for personal bodily injury to any one person; and (3) $2,000,000 for personal bodily injury in any one accident. The policy shall also provide that the City will be given a thirty (30) day written notice of cancellation or non-renewal. ~B) All insurance policies shall be with sureties qualified to do business in the State of Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition, except as provided in Subsection 57.ll(D) below The City maX require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law. A registrant may provide a 18 portion of the insurance coverage required by this Section through excess or umbrella policies of insurance and where such policies are in a form acceptable to the City's Risk Manager. ~C) A registrant shall keep on file with the City certificates of insurance which certificates shall indicate that the City, its officers, boards, Commission, Commission members, agents and employees are listed as additional insureds. In the event of a potential claim such that the City claims insurance coverage, the facility owner shall immediately respond to all reasonable requests by the City for information with respect to the scope of the insurance coverage. ~D) The certificates of insurance shall further provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days prior written notice thereof has been liven to the City. A registrant shall not cancel any required insurance policy without submission of proof that the registrant has obtained alternative insurance satisfaction to the CitX that complies with this Chapter. A registrant that elects to self-insure all or a portion of the insurance coverage and limit requirements required by this Section is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under this Section. A registrant that elects to self-insure shall provide to the City evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under this Section, such as evidence that the registrant is a "private self- insurer" under the Workers Compensation Act. For purposes of this Section, "self-insure" shall also include a registrant that insures through a "captive insurer," as defined in Section 628.901, Florida Statutes. ~E) Registrant shall, at its sole cost and expense, release, indemnify, hold harmless, and defend the City, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings=judgments for damages or equitable relief, and costs and expenses sustained by the City in connection with each such claim, suit, cause of action or proceeding including, but not limited to, attorneys' fees, arising out of the construction, maintenance or operation of its Communications system or facilities in the public rights-of-waX, regardless of whether the act or omission complained of is authorized, allowed or prohibited bX this Chapter; provided, however, that a facility owner's obligation hereunder shall not extend to any claims caused by the sole negligence of the City. This indemnity shall survive and continue in full force and effect as to the registrant's responsibility to indemnify. City agrees to notify the registrant, in writing, within a reasonable time of the City receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the City from participating in the defense of any liti atg ion by its own counsel and at its own cost if in the City's reasonable belief there exists or may exist a conflict, potential conflict, or appearance of a conflict. Nothing contained in this provision shall be construed or interpreted 1) as denying to either party any remedy or defense available to such party under the laws of the State of Florida, and 2) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. Sec. 57.12. Construction Bond. 19 ~A) Except in the case of an emergency, as described in Section 57.07(B) of this Chapter, prior to performing any work in the public rights-of-way, a registrant may be required to establish in the City's favor a construction bond in an amount specified in an en ink eerin~permit or other authorization as necessary to ensure the registrant's faithful performance of the construction in the public rights-of--way, in accordance with applicable sections of this Chapter or the City code. The amount of the construction bond shall be as set forth in the en 'n~ Bering permit, and may be modified in the City Manager or his designee's reasonable discretion, based upon the cost of the restoration to take place in the public rights-of--way, and andprevious historX of the registrant concerning restoration within the public rights-of--way of the City. The CitX Manager, in his or her discretion, or designee, may request a certified estimate of the cost of restoration by a Florida registered professional civil engineer, or certified by a person who is exempt from such reauirements as provided in Section 471.003_ Florida Statutes. ~B) In the event a registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable,,jointly and severally from the principal and surety of the bond, anX damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, or the cost of completing the work, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. ~C) Twelve (12) months after completion of the construction and satisfaction of all obligations in accordance with the bond, the City shall eliminate the bond. Notwithstanding, the City may require a new bond for any subsequent work performed in the public rights-of-wad ~D) The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City Attorney, and shall provide that: This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the CitX, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew. ~E) The rights reserved by the City with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the City may have under this Chapter, or at law or equity ~F) The rights reserved to the City under this Section are in addition to all other rights of the City, whether reserved in this Chapter, or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the City may have. Sec. 57.13. Security Fund. 20 ~A) At the time of registration, the registrant shall file with the City Mana e~ r or his/her designee, for his/her approval, a cash security, a bond, or irrevocable letter of credit in the sum of Twenty-Five Thousand Dollars ($25,000.00), in a form acceptable to the City Mana e~ r or a designee, which shall serve, and be referred to, as the "security fund." For purposes of the bond and irrevocable letter of credit, the registrant must have as a surety a company qualified to do business in the State of Florida. The cash security, bond, or irrevocable letter of credit, shall be to secure the full and faithful performance by the registrant of all requirements, duties and obligations imposed upon registrant by the provisions of this Chapter, and to pay any taxes, fees or liens. The bond or irrevocable letter of credit shall be furnished annually, or as frequently as necessary, and shall provide a continuingguarantee of the registrant's full and faithful performance at all times. Should the City draw upon the cash security, bond, or irrevocable letter of credit, the City shall promptly notify the registrant, and the registrant shall within thirty~30~ calendar days restore the cash security, annual bond or irrevocable letter of credit, to the full required amount. In the event a registrant fails to perform its duties and obligations imposed upon the registrant by the provisions of this Chapter, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the City as a result, including the full amount of any compensation or indemnification, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The cash security, bond or letter of credit may be waived by the City Manager where the City Manager determines that the security fund is not necessary to secure the required performance under this Chapter. The CitX may from time to time increase the amount of the security fund to reflect the increased risks to the City and to the public. ~B) Additionally, the City, upon thirty~30) days advance written notice clearly stating the amount and the reason for, and its intention to exercise withdrawal rights under this subsection, may withdraw an amount from the security fund, provided that the registrant has not reimbursed the City for such amount within the thirty~30) day notice period. Withdrawals maX be made if the re ist~ rant: (1) Fails to make any payment required to be made under any part of this Chapter. Nothing in this Section, however, shall create a limitation or prevent the City from immediately making a withdrawal for non-payment, from the security fund on the thirty-first (31st) calendar day after the submission of a bill to the Re 'std rant. (2) Fails to pay any liens relating to the facilities that are due and unpaid. (3) Fails to reimburse the City for any damages, claims, costs or expenses that the City has been compelled to pay or incur by reason of any action or non-performance by the registrant arising out of the construction, maintenance or operation of its Communications system or facilities; or 21 (4) Fails to comply with any provision of this Chapter, which failure the CitX determines can be remedied by an expenditure of an amount from the security fund. ~C) Within thirty~30) days after receipt of written notice from the City that anX amount has been withdrawn from the security fund, the registrant shall restore the security fund to the amount specified in this Chapter. ~D) The rights reserved to the City with respect to the security fund are in addition to all other rights of the City, whether reserved by this Chapter or authorized by other law, and no action,~roceedin~ or exercise of a right with respect to such security fund will affect any other right the City may have. Sec. 57.14. Enforcement Remedies ~A) In addition to anv other remedies available at law or equity, or provided in this Chapter, the City may apply any one or a combination of the following remedies in the event a registrant violates this Chapter, or applicable local law, or order related to use of the public rights-of-wad (1) Registrant's failure to comply with the provisions of this Chapter, or law applicable to users and/or occupants of the public rights-of--way, may result in imposition of penalties to be paid by the registrant to the City in an amount of not less than One Hundred Dollars $100.00~per day, or part thereof that the violation continues. (2) A registrant's failure to obtain a permit before commencing work, except in cases of an emergency, may result in imposition of penalties to be paid to the City in an amount of not less than One Thousand Dollars ($1,000.00) per day, or part thereof that the violation continues. (3) In addition to or instead of anv other remedy, the City may seek le a~ 1 or equitable relief from any court of competent jurisdiction. ~B) Before imposing a fine pursuant to this Section, the City Manager or a designee shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have thirty (30) days to either: (1) Cure the violation and the City Manager or a designee shall make food faith reasonable efforts to assist in resolving the violation, or File an appeal in accordance with Section 57.07 22 If the violation is not cured within that thirty~30) day period, and no meal is filed, the City may collect all fines owed, be i~ nnin~ with the first day of the violation, either bX removing such amount from the security fund or through any other means allowed by law. ~C) In determining which remedy or remedies are appropriate, the City shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations and such other matters as the City determines are appropriate to the public interest. ~D) Failure of the City to enforce any requirements of this Chapter shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. ~E) In any proceeding before the City Commission wherein there exists an issue with respect to a registrant's performance of its obli ate ions pursuant to this Chapter, the re 's~ trant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms of the Chapter. The City Commission may find a registrant that does not demonstrate compliance with the terms and conditions of this Chapter in default and apply any one or combination of the remedies otherwise authorized by this Chapter. ~F) The City Manager or his/her designee shall be responsible for administration and enforcement of this Chapter, and is authorized to i~ ve any notice required bylaw. ~G) Nothing in this Chapter shall affect the remedies the registrant has available under applicable law. Sec. 57.15. Force Maieure In the event a registrant's performance of or compliance with any of the provisions of this Chapter is prevented by a cause or event not within the facility owner's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that such owner uses all practicable means to expeditiouslX cure or correct any such inability to perform or comply. For purposes of this Chapter, causes or events not within a facility owners control shall include, without limitations, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental a~encX or court. Causes or events within registrant's control, and thus not falling within this Section, shall include, without limitation, registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers, employees, contractors or agents. Sec. 57.16. Reservation of Rights 23 ~A) The City reserves the right to amend this Chapter as it shall find necessary in the lawful exercise of its police powers. ~B) The provisions of this Chapter shall be applicable to all Communications facilities permitted to be placed in the public rights-of--way, on or after the effective date of Ordinance 8- 08, and shall apply to all existing Communications facilities in the public rights-of--way prior to the effective date of Ordinance 8-08, to the full extent permitted by state and federal law. Providers with existing lines and cables have one hundred twenty day~120) from the effective date of Ordinance 8-08 to combly with the terms of this Chapter_ or be in violation thereof. ~C) The City reserves to itself the right to intervene in any suit, action or proceeding involving andprovision of this Chapter. Registrant agrees to advise City of any such suits. 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 all Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this Ordinance shall become effective upon filing with the Department of State. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST: City Clerk MAYOR 24 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: March 11, 2008 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 ORDINANCE 15-08 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 15-08 which amends the Police Officers and Firefighters Retirement Plan to comply with recent IRS regulations implementing Section 415 of the Internal Revenue Code. Section 415 establishes maximum limits on benefits provided by qualified retirement plans. The regulations were published in 2007. BACKGROUND The Police and Fire Pension Plan is a qualified plan and must comply with the Section 415 benefit limits. We have reviewed the Police and Fire Pension Plan and determined that it complies generally with the Section 415 regulations; however, the regulations contain new safe harbor provisions that, in our judgment, warrant amending the plan. The attorney for the Police and Fire Pension Plan concurs with our assessment, and with the language of the amendments. The Section 415 regulations contain two "safe harbors" for retirement plans, like the City's, that have automatic cost-of-living adjustments. If a plan adopts one of the safe harbors, COLAs provided by the plan are automatically treated as meeting the Section 415 limit on benefits. The current Section 415 maximum benefit limit is $185,000 per year, at normal retirement age. The maximum benefit limit is adjusted each year for inflation in accordance with the regulations. According to the regulations, plans can apply the Section 415 adjusted dollar limit to a retired participant who receives additional benefits through a cost of living increase. The attached amendment is intended to comply with one of the safe harbor rules. The amendment specifically limits the actual benefit paid to a member in any year to no more than the Section 415 dollar limit for that year. In addition, the amendment expressly recognizes increases in the Section 415 dollar limits that occur after retirement. RECOMMENDATION The City Attorney recommends approval of Ordinance No. 15-08. ORDINANCE NO. 15-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.62 "BENEFIT AMOUNTS AND ELIGIBILITY", to read as follows: Sec. 33.62. BENEFIT AMOUNTS AND ELIGIBILITY. (I) Maximum Benefits. A member may not receive a pension or disability benefit which exceeds the lesser of: (1) One hundred (100) percent of the member's average compensation for the highest three (3) consecutive years as a member in the pension fund; or (2) The maximum amount allowed under section 415 of the Internal Revenue Code (increased to reflect the cost-of-living adjustment factor prescribed under section 415(d) of the Internal Revenue Code), that is incorporated herein by reference. Notwithstanding any other provision of the system to the contrary, the annual benefit to which a member is entitled under the system shall not, in any limitation year, be in an amount which would exceed the abblicable limitations under Section 415 of the Internal Revenue Code and the re~,ulations issued thereunder. If the benefit payable under the system would (but for this section) exceed the limitations of Section 415 of the Code by reason of a benefit payable under another defined benefit plan a~,gre~ated with this system under Code section 415(f1, the benefit under this system shall be reduced on1X after all reductions have been made under such other plan. As of January 1 of each calendar year commencing on or after January 1, 2008, the dollar limitation as determined by the Commissioner of the Internal Revenue Service for that calendar year, adjusted for the member's ale in accordance with the a~licable IRS re~,ulations, shall become effective as the maximum permissible dollar amount of benefit payable under the system during the limitation year ending within that calendar year. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST: MAYOR City Clerk First Reading Second Reading 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: March 11, 2008 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 ORDINANCE 16-08 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 16-08 which amends the City's General Employee Retirement Plan to comply with recent IRS regulations implementing Section 415 of the Internal Revenue Code. Section 415 establishes maximum limits on benefits provided by qualified retirement plans. The regulations were published in 2007. BACKGROUND The City's retirement plan is a qualified plan and must comply with the Section 415 benefit limits. We have reviewed the City's plan and determined that it generally complies with the Section 415 regulations; however, the regulations contain new safe harbor provisions that, in our judgment, warrant amending the plan. The attorney for the General Employee Pension Plan concurs with our assessment, and with the language of the amendments. The Section 415 regulations contain two "safe harbors" for retirement plans, like the City's, that have automatic cost-of-living adjustments. If a plan adopts one of the safe harbors, COLAs provided by the plan are automatically treated as meeting the Section 415 limit on benefits. The current Section 415 maximum benefit limit is $185,000 per year, at normal retirement age. The maximum benefit limit is adjusted each year for inflation in accordance with the regulations. According to the regulations, plans can apply the Section 415 adjusted dollar limit to a retired participant who receives additional benefits through a cost of living increase. The attached amendment is intended to comply with one of the safe harbor rules. The amendment specifically limits the actual benefit paid to a member in any year to no more than the Section 415 dollar limit for that year. In addition, the amendment expressly recognizes increases in the Section 415 dollar limits that occur after retirement. RECOMMENDATION The City Attorney recommends approval of Ordinance No. 16-08. ORDINANCE NO. 16-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT"; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.097, "Retirement Income; Basis, Amount, and Payment", to read as follows: Sec. 35.097. RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT. (J) Maximum Pension. (8) Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: (a) The normal retirement benefit or pension payable to a retiree who becomes a member of the plan and who has not previously participated in such plan, on or after January 1, 1980, shall not exceed one hundred (100) percent of his average final compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost-of-living increases or adjustments. (b) No member of the plan who is not now a member of such plan shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement plan or plan. This restriction does not apply to Social Security benefits or Federal benefits under Chapter 67, Title 10, U. S. Code. (c) Notwithstanding any other provision of this plan to the contrary, the annual benefit to which a member is entitled under the plan shall not, in any limitation year, be in an amount which would exceed the applicable limitations under Section 415 of the Internal Revenue Code and the regulations issued thereunder. If the benefit payable under the plan would but for this section) exceed the limitations of Section 415 of the Code by reason of a benefit payable under another defined benefit plan a,gre~ated with this plan under Code section 415(f), the benefit under this plan shall be reduced only after all reductions have been made under such other plan. As of January 1 of each calendar year commencing on or after January 1, 2008, the dollar limitation as determined b_y the Commissioner of the Internal Revenue Service for that calendar year shall become effective as the maximum permissible dollar amount of benefit payable under the plan during the limitation year ending within that calendar year. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST: MAYOR City Clerk First Reading Second Reading MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: March 11, 2008 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 ORDINANCE 18-08 ITEM BEFORE COMMISSION Ordinance 18-08 provides that the Mayor may designate an Assistant City Manager to serve on the police/fire pension board in lieu of the Mayor. The ordinance also provides for monthly distributions to the DROP plan participants. BACKGROUND This ordinance allows more discretion on who can serve on the board. The ordinance also adds monthly distributions to the available options for receiving DROP distributions. The current code allows for distribution of DROP benefits by quarterly, annnual, or lump sum payments or the purchase of an annuity. RECOMMENDATION The City Attorney recommends approval of Ordinance No. 18-08. ORDINANCE NO. 18-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.65, "ADMINISTRATION", TO ALLOW THE MAYOR TO DESIGNATE THE ASSISTANT CITY MANAGER TO SERVE ON THE BOARD OF TRUSTEES IN LIEU OF THE MAYOR; AMENDING SECTION 33.685, "DEFERRED RETIREMENT OPTION PLAN", TO PROVIDE FOR PAYMENT OF DROP BENEFITS IN MONTHLY INSTALLMENTS AT THE MEMBER'S ELECTION; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.65, "ADMINISTRATION", to read as follows: Sec. 33.65. ADMINISTRATION. (A) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter are vested in a Board of Trustees consisting of nine (9) persons as follows: (1) The Mayor, or upon the Mayor's designation, the Assistant City Manager; (2) Two (2) public members to be appointed by City Commission as hereinafter provided; (3) The Fire Chief or, in the event of the Fire Chief s termination of participation in the system, a firefighter designated by the Fire Chief; (4) The Police Chief or, in the event of the Police Chief s termination of participation in the system, a police officer designated by the Police Chief; (5) Two (2) members of the Fire Department to be elected as hereinafter provided; (6) Two (2) members of the Police Department to be elected as hereinafter provided. Section 2. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.65, "DEFERRED RETIREMENT OPTION PLAN", to read as follows: Sec. 33.685. DEFERRED RETIREMENT OPTION PLAN. (F) At the conclusion of the employee's participation in the Deferred Retirement Option Plan, and as a condition of participating in such plan, the employee will retire and terminate City employment. The employee will thereafter receive a normal retirement benefit calculated in accordance with Subsection 33.62(B) based on average monthly earnings and continuous service as of the effective date of the employee's election to participate in the Deferred Retirement Option Plan. The employee's Deferred Retirement Option Plan account will thereafter be distributed to the employee in a cash lump sum, unless the employee elects an alternative distribution as described below: (1) Payments in approximately equal monthly, quarterly or annual installments over a period designated by the employee, not to exceed the life expectancy of the employee or the joint life expectancy of the employee and the employee's designated beneficiary. In the event that the employee dies before all installments have been paid, the remaining balance in the employee's Deferred Retirement Option Plan account shall be paid in an immediate cash lump sum to the employee's designated beneficiary. (2) The purchase of a nonforfeitable fixed annuity payable in such form as the employee may elect. Elections under this Subsection (2) shall be in writing and shall be made in such time or manner as the Board of Trustees shall determine. If the annuity form selected is not a qualified joint and fifty (50) percent survivor annuity with the employee's spouse as the beneficiary, the annuity payable to the employee and thereafter to the employee's beneficiary shall be subject to the incidental death benefit rule as described in section 401(a)9g of the Internal Revenue Code and applicable regulations. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 2 Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST: MAYOR City Clerk First Reading Second Reading