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04-01-08 Agenda Reg
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, April 1, 2008 Regular 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Meeting 6:00 of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to p'm' limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City Hall 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, The City will furnish auxiliary aids and services to afford an individual with a Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 ROLL CALL 2. INVOCATION disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted 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 PLEDGE OF ALLEGIANCE TO THE FLAG 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. March 18, 2008 -Regular Meeting B. March 27, 2008 -Annual Organizational Meeting 6. PROCLAMATIONS: A. Young Child Week - Apri113-19, 2008 B. Housing America Month - Apri12008 C. Library Appreciation Month - Apri12008 D. Water Conservation Month - Apri12008 7. PRESENTATIONS: A. 19th Annual Delaire/Delray Citizens for Delray Police Charity Golf Tournament Presentation to Police and Fire Rescue- Perry DonFrancisco B. RESOLUTION NO. 13-08: Approve Resolution No. 13-08 Recognizing and Commending Barbara Flynn for 30 years of dedicated service to the City of Delray Beach. C. "Neighborhood Pride Grant" -Neighborhood Services Division. CONSENT AGENDA: City Manager Recommends Approval A. ACCEPTANCE OF EASEMENT DEED/EBENEZER WESLEYAN METHODIST CHURCH: Approve and accept an easement deed from Ebenezer Wesleyan Methodist Church to accommodate the existing overhead power lines that traverse the property, located on the east and west side of S.W. 6th Avenue, north of S.W. 2nd Street. B. SERVICE AUTHORIZATION NO. O1-23.1/HELLER-WEAVER AND SHEREMETA, INC.: Approve a Service Authorization to Heller-Weaver and Sheremeta, Inc. in the amount of $6,500.00 for supplemental survey work related to preparation of condominium documents for the retail space on the first level of the Old School Square Parking Garage. Funding is available from 380- 4150-572-63.29 (G.O. Bond/Old School Square Parking Garage). C' SERVICE AUTHORIZATION NO. 32.2/DAVID MILLER AND ASSOCIATES, P.A.: Approve Service Authorization No. 32.2 to David Miller and Associates, P.A. in the amount of $10,000.00 for construction administration services regarding both the new Information Technology Building and North Wing City Hall Renovations Phase IV and V. Funding is available from 334-6112-519-62.85 (General Construction Fund/City Hall Exp IT Building) and 334-6112- 519-62.86 (General Construction Fund/City Hall-N Wing Chamber). D. LOCAL AGENCY PROGRAM AGREEMENT (LAP)/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/BIKE LANES: Approve a Local Agency Program (LAPS Agreement with the Florida Department of Transportation (FDOT) for the installation of bike lanes along Homewood Boulevard between Lowson and West Atlantic. Costs will be paid from a Federal Enhancement Grant of $500,000.00 plus approximately $98,000.00 in City funds. Funding is available from 334-3162-541-68.46 (General Construction Fund/Other Improvement/Homewood Boulevard Bikepaths). E. RESOLUTION N0.12-08: Approve and adopt Resolution No. 12-08 establishing an Affordable Housing Advisory Committee as required by state statute to recommend incentives for affordable housing. F. FIRE ACT GRANT APPLICATION FOR FY 2008/2009: Approve a Fire Act Grant Application in the amount of $203,000.00 for the purchase of five ~) exhaust removal systems for five ~) of the Fire Stations. Funding for match funds available from 115-2311-522-64.90 Lpecial Projects Fund/Machinery Equipment/Other Mach/Equipment). G. SECOND AMENDMENT/2002 PALM BEACH COUNTY RECREATION AND CULTURAL FACILITIES BOND/INTRACOASTAL WATERWAY PARK: Approve a Second Amendment to the Interlocal Agreement between Palm BeachCounty and the City of Delray Beach to extend the project completion date to December 31, 2008 for the Delray Intracoastal Park (Mangrove Park). H. SPECIAL EVENT REQUEST/ART AND .TAZZ ON THE AVENUE: Approve a special event request for the Art and .razz on the Avenue to be held on May 8, 2008, from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.60 for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7th Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1st Avenue, NE/SE 2nd Avenue, SE 3rd Avenue, NE/SE 4th Avenue, and the Tennis Center Parking lot and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up; contingent upon receipt of a hold harmless agreement. SPECIAL EVENT RE~UEST/DELRAY BEACH FILM FESTIVAL: Approve a request to endorse the 3rd Annual Delray Beach Film Festival proposed to be held from May 6 through May 11, 2008, to grant a temporary use permit per LDR Section 2.4.60 for the closure of N.W. 1st Street on May 6, 2008 from 9:00 p.m. -midnight, for the event party at DaDa's, to approve the reservation of thirty (30) tee times at the Municipal Golf Course on May 8, 2008 beginning at 9:00 a.m. for a golf outing; to approve the use of the south end of the beach on May 10, 2008 from 8:00 a.m. to noon for a surfing demonstration and contest, to approve the use of Worthing Park to show films on the wall of the Blue Fish Restaurant; to authorize the street closure, event signage, and staff support for barricading for traffic control; contingent on the receipt of a hold harmless agreement, certificate of liability insurance and an executed copy of a rental agreement with Old School Square. J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 17, 2008 through March 28, 2008. K. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Complete Property Services of South Florida, Inc. in the annual estimated amount of $43,274.00 for landscape maintenance of Stormwater Retention Areas and Improved Water Retention Areas. Funding is available from 448-5416-538-34.90 (Stormwater Utility Fund/Other Contractual Services). 2. Bid award to Southland Painting Corporation in the amount of $65,640.00 for sandblasting, paint preparation, and painting of internal steel components of Clarifier No. 2 at the Water Treatment Plant as part of the Clarifier Rehabilitation Project. Funding is available from 442- 5178-536-64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery and Equipment). 3. Purchase award to Contract Connection, Inc., in the amount of $19,933.15 for the purchase of seven ~) Shelter/Benches for replacement of benches located on the sea wall at Veteran's Park. Funding is available from 001-4131-572-63.40 (General Fund/Improvements Other/Recreational Improvements). 4. Purchase award to Duval Ford in the amount of $121,325.00 for the purchase of five ~) 2008 Ford Crown Victoria Police Interceptors with options and warranty via the Florida Sheriff's Association Contract #07-15-0827, Specification #1 and to Emergency Vehicle Supply in the amount $43,156.71 for the police car preparation package. Funding is available from 501- 3312-591-64.20 (Central Garage Fund/Automotive). 5. Purchase award to Insight Public Sector in the amount of $35,759.00 for the purchase of seven (7) Vista Laptops for the Fire-Rescue Department. Funding is available from 334-6112-522- 64.90 (General Construction Fund/Machinery Equipment/Other Machinery/Equipment). 6. Purchase award to On-Site Equipment, d/b/a Triptow Enterprises in the amount of $18,287.00 for the purchase of an upgraded replacement wheel alignment machine with the attachments for the City garage. Funding is available from 501-3311-591-64.90 (Central Garage Fund/Machinery/Equipment/Other Machinery/Equipment). 7. Contract award to EIMCO Water Technologies in the amount of $88,812.00 for removing and rebuilding the drive motor assembly on Clarifier No. 2 at the Water Treatment Plant Project. Funding is available from 442-5178-536-64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery and Equipment). 8. Contract award to Randolph & Dewdney Construction, Inc. in the amount of $97,536.00 for the demolition and renovation of the City of Delray Beach Engineering Division former offices. Funding is available from 442-5178-536-62.10 (W & S Renewal & Replacement Fund/Buildings). REGULAR AGENDA: A. SOUTHCOUNTY ADMINISTRATIVE COMPLEX REDEVELOPMENT PLAN DIRECTION: Provide direction regarding a response to Palm BeachCounty on action items for the South County Administrative Complex Redevelopment Plan. B. CONDITIONAL USE RE~UEST/VILLAGES AT DELRAY: Consider a conditional use request to allow a density in excess of 12 units per acre (24 dwelling units per acre is proposed) in accordance with the provisions of the City's Family Workforce Housing Ordinance for the Villages at Delray, (formerly a portion of Auburn Trace, a 264 unit residential development located on the east side of Auburn Avenue, south of S.W. 4th Street. (quasi-.Tudicial Hearing C. APPEAL OF HISTORIC PRESERVATION BOARD DECISION/36 S.E. 1ST AVENUE: Consider an appeal of the Historic Preservation Board's decision regarding the Certification of Appropriateness (COAL, Class V Site Plan Application, and associated waiver and variance requests for the new construction of a two-story office building located at 36 S.E. 1st Avenue. (Ouasi-.Tudicial Hearing D. CONDITIONAL USE REQUEST/CHEZ MIKA RESTAURANT: Consider a conditional use request to establish a late night business for Chez Mika Restaurant, located at 1005 South Congress Avenue in the Sherwood Plaza. (quasi-.Tudicial Hearing 1. WAIVER REQUEST/CHEZ MIKA RESTAURANT: Consider a waiver request to Land Development Regulations (LDR) Section 4.6.8, "Lighting", to exceed the maximum 4.0 foot candle allowance for the Chez Mika Restaurant, located at 1005 South Congress Avenue in the Sherwood Plaza. (quasi-.Tudicial Hearing E. 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 fee- simple townhouse lots and 29,571 square feet of medical office space 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) THIS ITEM IS REQUESTED TO BE POSTPONED - REVISIONS TO THE FINAL PLAT ARE NOT YET FINALIZED. F. SPONSORSHIP REQUEST/S.D. SPADY CULTURAL HERTIAGE MUSEUM ANNUAL GALA: Consider a request from S.D. Spady Cultural Heritage Museum to provide a table sponsorship in the amount of $1,250.00 for the Annual Gala, Dancing with the Stars "Spady Style", to be held on April 19, 2008. Funding could be transferred from 001-6111-519-99.03 (General Fund/Manager's Contingency). G. APPOINTMENT TO THE BOARD OF AD.TUSTMENT: Appoint one ~) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). 10. PUBLIC HEARINGS: A.ORDINANCE NO. 13-08 (SECOND READING/SECOND 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„• B. ORDINANCE NO. 20-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDRZpertaining to Assisted Living Facilities, Continuing Care Facilities and Nursing Homes. If passed, a public hearing will be scheduled for Apri115, 2008. C. 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 set maximum benefits as required by Section 415 of the Internal Revenue Code. D. ORDINANCE NO. 16-08: An ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income, Basis, Amount, and Payment", to set maximum benefits as required by Section 415 of the Internal Revenue Code . E• 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 Retirement Option Plan", to provide for payment of DROP benefits in monthly installments at the member's election. 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 NO. 22-08:Consideration of a privately sponsored rezoning from GC (General Commercial) to AC (Automotive Commercial) fora 6.28 acre parcel located on the east side of Federal Highway (a.k.a. The Ralph Buick DealershiP).If passed, a public hearing will be scheduled for Apri115, 2008. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MARCH 18, 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., Tuesday, March 18, 2008. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie 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 2. The opening prayer was delivered by Reverend "Dr." William Quick with the Delray Beach Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis noted the addition of a Presentation Item 7.A., South County Administrative Complex - Audrey Wolf, Palm Beach County Facilities Development and Operations, by addendum. Also, Mayor Ellis noted that Items 8.P.1. - 8.P.8. are now Items 8.Q.1. - 8.Q.9. She stated Item 8.Q.9., Purchase Award to SunGard was added to the Agenda by addendum. Also, Mayor Ellis noted that Item 12.A., Ordinance No. 08-08 (First Readin will be removed from the Agenda and noted that Item 9.D., Preliminary and Final Plat/Midtown Delray is aQuasi-Judicial Hearing. Mr. Fetzer moved to approve the Agenda as amended, 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. 03/18/08 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Regular Meeting of March 3, 2008, 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. Mr. McDuffie moved to approve the Minutes of the Special/Workshop Meeting of March 13, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Delrav Medical Center Dav -March 18, 2008 Mayor Ellis read and presented a proclamation hereby proclaiming March 18, 2008 as Delray Medical Center Day. Robert Krieger, CEO with Delray Medical Center gave a few brief comments. 6.B. Commending multiple medal winners -Delrav Beach 2008 Senior Games Mayor Ellis read and presented a proclamation hereby proclaiming that Raymond Bowles, Chris Burt, Herbert Furash, Lorig "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. Abe Ulanoff came forward to accept the proclamation and gave a few brief comments. 6.C. Child Abuse Prevention Month -April 2008 Mayor Ellis read and presented a proclamation hereby proclaiming April 2008 as Child Abuse Prevention Month. Sergio Rosario, Delray Beach Administrator of Child Welfare, Department of Children and Families came forward and gave a few brief comments. Mr. Rosario stated Palm Beach County has 82 child abuse investigators. 7. PRESENTATIONS: 7.A. South County Administrative Complex Redevelopment Study - Audrey Wolf, Palm Beach County Facilities Development & Operations Audrey Wolf, Director of Facilities Development & Operations/Palm Beach County, stated this is a very exciting continuation to the County and City's past efforts for joint planning and redevelopment. In the 80's, the City and the County entered into an agreement to relocate the County's Court functions onto West Atlantic Avenue and provide sufficient land to ensure that this will remain the regional headquarters in the south end. She stated it has been very successful with starting the 2 03/18/08 redevelopment to the west sand they are looking forward to doing the same thing on the redevelopment of Congress Avenue. Ms. Wolf stated the County shares the City's vision for the redevelopment of Congress Avenue and instead of proceeding with renovations to the buildings which were already funded, they have undertaken an analysis to determine if the existing and proposed facilities for the South County Government complex could be redeveloped in a manner more compact, urban, and more in line with the City's vision for the corridor on less property so that residual property can be made available for either lease or sale for redevelopment. This report which was jointly commissioned by both the County and the City of Delray Beach seeks to determine the types of uses, the minimum building area, the density/intensity on the residual property that must be achieved in order to maximize the revenue that they can get from the sale of the residual property which also speaks directly to how financial feasible it will be for governments to take the lead in redeveloping the property. Ms. Wolf gave a brief overview of the report for the South County Administrative Complex ("Study") and reviewed the following five (5) key action items for the City Commission: (1) Choose a preferred concept plan, (2) confirm the County's interpretation of any code interpretation assumptions that are critical to the redevelopment or that will need to be defined in the Request for Proposal (RFP), (3) consider likely funding requirements and sources for parking structures for non-County government uses, (4) identify any other City sponsored financial assistance and/or programs that can be included in the RFP, (5) identify the City's desired involvement in the County RFP. The City Manager stated he informed Ms. Wolf that the presentation would be this evening and if the Commission has questions or things to discuss, now is a good time to do that. Furthermore, the City Manager stated then this will be brought back to the Commission on April 1, 2008 to vote on these five items that the County has asked the Commission for action on. Brief discussion between Ms. Wolf and the Commission continued. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/OCEAN TERRACES OF DELRAY: Approve a final subdivision plat for Ocean Terraces of Delray, a six (6) lot townhouse development, located on the west side of Palm Trail, approximately 180' north of Bond Way. 8.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. 8.C. CHANGE ORDER NO. 1/CHAZ EQUIPMENT COMPANY, INC./WEST ATLANTIC AVENUE WATER MAIN PROJECT: 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 Project. Funding is available 03/18/08 from 441-5161-536-65.84 (Water/Sewer Fund/Other Improvements/W. Atlantic Ave. Phase III). 8.D. SERVICE AUTHORIZATION NO. 07-04/MATHEWS CONSULTING, INC./AREAS 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 Areas 11 and 12 Reclaimed Water Systems. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). 8.E. SERVICE AUTHORIZATION NO. 07-05/MATHEWS CONSULTING, INC./ALTERNATIVE WATER SUPPLY GRANT APPLICATION: Approve Service Authorization No. 07-OS 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). 8.F. RESOLUTION NO. 09-08/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOTI/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. The caption of Resolution No. 09-08 is as follows: 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 EFFECTNE DATE. (The official copy of Resolution No. 09-08 is on file in the City Clerk's office.) 8.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 system to handle future development. Funding is available from 442-5178-536.83-01 (Water/Sewer Renewal and Replacement Fund/Other Grants and 4 03/18/08 Aids). 8.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. The caption of Resolution No. 08-08 is as follows: office.) 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. (The official copy of Resolution No. 08-08 is on file in the City Clerk's 8.I. 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. 2"d Street. The caption of Resolution No. 11-08 is as follows: 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. 5 03/18/08 office.) (The official copy of Resolution No. 11-08 is on file in the City Clerk's 8_J. RESCIND BID AWARD/STUART AND SHELBY DEVELOPMENT/135 N.W. 5TH AVENUE REHABILITATION PROJECT: 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. 8.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. 8.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. 8.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 (2) years. Funding is available from 001-2741-524-34.90 (General Fund/Other Contractual Services). 8.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) SK Walk/Run to be held on Sunday, 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 Casuarina 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. 8.0. 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. 8.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. 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. 2"d Avenue Streetscape/Infrastructure 6 03/18/08 Improvements. Funding is available from 334-3162-541-65.87 (General Construction Fund/Capital Outlay/S.W. 2"d Avenue-S.W. 1st Street/West Atlantic) and 448-5461-538-65.87 (Stormwater Utility Fund/Capital Outlay/S.W. 2"d 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 ll8- 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 ll8- 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 the 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 FundBeautification 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 (3) 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 a web-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 7 03/18/08 and an asphalt roller for various departments. Funding is available from 119-4144-572-64.20 (Beautification Trust Fund/Automotive) and 501-3312-591-64-20. 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). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; NIr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:53 p.m., the Commission moved to Item 9.E. of the Regular Agenda. 9. REGULAR AGENDA: 9.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 located on a portion of the Catherine Strong Park lands. The City Attorney stated this is a lease for land on Tract "B" a portion that the City of Delray Beach purchased from Auburn Trace. She stated on part of the property there is drainage not only for the current Auburn Trace facility but for others as well. The City Attorney stated part of the area (referred to Sketch 1) is the Head Start Facility the City is hoping to locate there. She stated the reason the Lease Agreement is before the City Commission is in hopes that they will approve it because otherwise the Head Start Facility would have been on the other side of I-95 at one point which would make it difficult for the children who need this the most to get there safely. The lease is a long-term lease but the City expects the County to start the facility much earlier and once that is complete, they will convey the land to them. The City Attorney stated the City will receive $340,631.24 and there is estimated fill costs that will be deducted from the cost so the City should expect $249,169.44 per acre. Mr. McDuffie moved to approve the Lease Agreement between the City of Delray Beach and Palm Beach County for the Head Start Facility, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:53 p.m., the Commission moved back to Item 9.A. of the Regular Agenda. 8 03/18/08 9.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-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. McDuffie stated he spoke to the applicant's attorney. Mrs. Montague stated she had no ex parte communications to disclose. Mrs. Ellis stated she spoke to the applicant's attorney. Mr. Eliopoulos stated he had no ex parte communications to disclose. Mr. Fetzer stated he spoke with the attorney for the applicant and Kelli Freeman, the President of Tropic Isle Homeowners Association, and received some emails from Tropic Isle residents which he will forward to the City Clerk. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-093 into the record. Mr. Dorling stated this is an appeal a denial of a waiver request to LDR Section 4.4.10(G)(5)(b) which talks about elevated vehicle displays and the vehicle display area that is requested would be in the showroom for the new Delray Mazda. The site is approximately 1,100 feet south of Linton Boulevard and the Site Plan Review and Appearance Board's action was taken on February 27, 2008 and was appealed by the applicant's attorney on March 6, 2008. The site is zoned for auto commercial use and back in September the dealership came forward for a Class II Site Plan modification which involved the demolition of an existing 1,285 square foot show room that was damaged by Hurricane Wilma and reconstruction of that showroom with approximately 1,178 square foot show room area as well as a vehicle service write-up area. As part of the showroom it included atwo-story glass display area that was visible from Federal Highway and included an elevated car within that showroom area. At its meeting of September 13, 2006, the Site Plan Review and Appearance Board (SPRAB) recommended approval of the modifications with the exception of the elevated element and suggested that it be eliminated from the request or they would seek denial of the request. SPRAB mentioned at that time some issues with respect to its impact visually on surrounding properties and some concern over the item being a distraction for drivers on Federal Highway. Mr. Dorling stated the applicant went to construction on the site and then came forward to seek a specific waiver to the LDR Requirement that says vehicles shall not be elevated off the ground in any way. SPRAB considered that and recommended denial of the waiver citing concerns over the lighting 9 03/18/08 of the elevated vehicle and its potential to create distractions for passing motorists and also potential safety issues with respect to the car itself creating a distraction in the elevated condition and concerns over the aesthetic impact over the display on all neighboring properties. Mr. Dorling stated there is also a reference to the required findings under LDR Section 2.4.7(B)(5) and it does not adversely affect the neighboring area, does not diminish public facilities, does not create unsafe situations and would not result in a special privilege. He stated that SPRAB felt differently and were concerned about the distraction this could potentially cause. Mr. Dorling stated the applicant will put forward arguments that it will not distract people passing by; however, he stated if it is advertising and it is affective it would catch somebody's eye when they are driving by on the roadway. He stated this has not been approved in other dealerships throughout the city and that the creation of the regulations dealing with this were really created to address the kind of garish advertising that was being undertaken by some of these dealerships (i.e. flags, open hoods, elevated vehicles that were used to attract the passerby's attention). Staff does not feel they meet the required findings in a waiver as did SPRAB and believes it will create the distraction and the Code does not limit it to outside only. Staff recommends that the Commission uphold SPRAB's decision to deny the waiver request because of the issues stated. Michael Weiner, Attorney with Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, stated SPRAB tied with a 3 to 3 vote with respect to this particular matter and they did so because one member was missing and the tie (3 to 3) was with two conditions: (1) that the lift be painted a darker color or black so it was not obtrusive and (2) that the photo metrics be met with respect to any lighting. He stated they do not have problems with those conditions before SPRAB and they do not have problems with those conditions this evening. He stated this is the dealership located at 2001 South Federal Highway and this is a site plan modification pursuant to LDR Section 2.4.5. Mr. Weiner stated one important component is the jewel box which is a vehicle display inside the dealership. The jewel box is an unobtrusive lift enclosed within the building which takes the vehicle above the floor. He stated the jewel box offers a perspective customer a unique view of the vehicles undercarriage. Mr. Weiner stated consumer confidence in a vehicle is of the greatest importance and there is an emphasis on safety and fuel economy. More and more buyers want to know what is in the car and underneath the car and not what is outside of the car and that is what the jewel box does. He stated if the Commission denies the jewel box they are actually denying the general public the ability to make an informed consumer choice about an important product they wish to buy. Mr. Weiner referenced LDR Section 4.4.10(G)(5)(b) states that "no vehicle shall be parked with its hood or trunk open, nor elevated off the ground in any way." Mr. Weiner stated staff has interpreted this particular provision to mean not only ground but also to mean floor that is the interior of a building as well as the exterior of the building. He stated the most preferred definitions for "ground" do not have anything to do with floors. The most accepted definition is the surface of the earth or the earth or the soil. Mr. Weiner stated the Planning and Zoning staff s interpretation would mean that there would have been continuing violations in Delray Beach for many years. For example, scooters are not on the ground but they are on the floor and have been there for years and are vehicles in a dealership. Mr. Weiner stated in all the years that the motorcycle 10 03/18/08 dealerships have been open it has never been considered a violation. The reason for this is that they are not elevated off the ground but they are elevated off the floor and given these set of facts the waiver should not have to be considered. He stated the ordinance was intended to stop the lifting of vehicles in parking lots and this has been stopped. Mr. Weiner stated they meet every requirement for granting a waiver. Mr. Weiner stated the file contains a letter from Simmons & White, Inc., Traffic Engineers and this letter shows that these kinds of situations have been studied based upon the University of Nottingham and their Accident Research Unit and the letter notes that the road is 80 feet back and is highly unlikely to be a distraction. Mr. Weiner stated in their professional judgment Simmons & White feels that this does not create an unsafe situation. He stated elevated vehicles have existed in showrooms for years and the ordinance itself only applies to the ground (the parking lot). Mr. Weiner stated there is no special privilege granted when a waiver is sought for an ordinance that should not have been applied for. He stated with respect to the four criteria they are not affecting the surrounding neighborhood, you cannot see it from the residential area, it is similar with what is across the street with respect to two-story buildings and lighting, they have nothing to do with diminishing public facilities, they are not creating an unsafe situation and it does not result in the granting of a special privilege for an ordinance that does not apply when there are vehicles lifted off the floor and there are variances granted in the area and there are other two-story buildings. Mr. Weiner stated they believe they have met the burden of proof for substantial competent evidence on both grounds. Mayor Ellis stated if anyone would like to speak in favor or in opposition of the appeal, to please come forward at this time. Dr. Joseph Provenzano, 1921 S.W. 36t'' Avenue, Delrav Beach (Tropic Isle stated the rules regarding not putting the cars up is to avoid the circus act and stated his family lives behind Delray Mazda in multi-million dollar homes and they should be respected. He stated across the street is Delray Lincoln Mercury and what is to stop them from pulling out their chandlers and put all their cars up there to be shown. Dr. Provenzano stated the idea is to maintain a sense of decency to the car lots and supports staff's recommendation. Josh Bressler, 2235 Rabbit Hollow Circle, Delrav Beach, urged the Commission to narrowly construe the word "ground" and would hate to see vehicles suspended outdoors and the distinction that Mr. Weiner has drawn is overbroad. Mr. Bressler stated he would not put too much stock in the use of the word "ground" in the ordinance or other authority as opposed to the word "floor". There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. There was no cross-examination. The following individual gave a brief rebuttal: 11 03/18/08 Mr. Dorling stated the reference to lighting being similar to an elevated car is a stretch. He stated one would expect lighting to be seen in the air versus a car in an elevated condition and the fact that the car is allegedly not going to attract attention would make one wonder as to why this element has the level of visibility to Federal Highway that is being proposed. Mr. Weiner stated roof displays and laying out linoleum are in the City Code under "Other Provisions". He stated scooters can be seen from the street. With respect to Lincoln Mercury, Mr. Weiner stated they could probably improve the look of their dealership with something on the second floor. As far as a car being less distracting or more distracting, at night lit chandlers that can be seen from the street are more distracting than just an automobile. Mr. Weiner stated once one drives into the parking lot the dealership is 80 feet away from the street and they want to make an inviting manner for people to come into the dealership and observe what it is that they will be purchasing. Mr. Weiner stated they are giving an opportunity to the consumer to make an informed decision and have an inviting dealership once someone comes in and parks. He stated overwhelmingly after review of the Simmons & White, Inc. letter it shows that the applicant is not creating an unsafe situation. Mr. Weiner reiterated that they have met the burden of proof for substantial competent evidence on both grounds. Mr. Fetzer asked if he understood staff correctly that this has been applied for in other dealerships in the City that were not granted. Mr. Dorling stated this scenario has not been granted to other dealerships or to his knowledge the City has not had a request to do such a thing. Mr. Eliopoulos agreed with the City Manager's memo and when dealing with ground area versus floor area, floor area is always considered interior space and does not matter what the material is. Once you are outside of an enclosed space, then it would be considered ground. Mr. Eliopoulos concurs with the applicant that they meet this. Mr. McDuffie asked the City Manager how he arrived at his interpretation. The City Manager stated part of it is based on the history of this. He stated we have had displays like the one Mr. Weiner showed in Deerfield or further south that have car dealerships where they have some type of device in the parking lot where they can raise the vehicle up either at an angle or ten feet in the air. The City Manager stated this was written to prevent that type of display and was not contemplated to prevent what a dealership does inside a building. He thinks it is consistent with all the City's Codes and the City does not try to regulate the inside of a building as far as the way merchandise is displayed. Mrs. Montague stated she discussed this with the City Attorney that the LDRs apply to the exterior space and she concurs with the applicant. Mayor Ellis stated she does not find this offensive. 12 03/18/08 Mr. Fetzer stated he too discussed this with the City Attorney as well and noted that this would not apply to the interior of the dealerships. He stated there are always a lot of issues when there is automotive zoning next to residential areas. Mr. Fetzer stated he supports the appeal. 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). It was the consensus of the Commission that the City's LDRs do not prohibit this use and therefore a waiver is not needed. Mr. Weiner stated procedurally the site plan modification was not approved that evening and suggested that the Commission remand this back to the Site Plan Review and Appearance Board (SPRAB) with this particular motion. Mr. Weiner stated once they are back before SPRAB they would be complying with all photo metric's and painting the lift an appropriate color so it would not be less obtrusive. The City Attorney stated based on that, the Commission approves the appeal finding that the LDR does not apply and staff will remand it back to SPRAB for further site plan consideration for lighting, etc. Mr. Fetzer moved to adopt the Board Order as presented, 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. At this point, the time being 7:25 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.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. The caption of Ordinance No. 13-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY 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 13 03/18/08 REPEALER CLAUSE AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 13-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling Director of Planning and Zoning, stated historically the City of Delray Beach has had two separate Little League organizations and recently they have decided to merge into one organization. During the related discussions, there was some discussion about difficulties of maintaining adequate funding for associated budgets and one of things that were brought to light was the advertising opportunities at ball fields are an opportunity the City needs to explore to generate revenue. These proposed amendments to the sign code will provide this option while being sufficiently restrictive to prevent wholesale sign clutter in the City. This amendment was considered by the Planning and Zoning Board on February 25, 2008, and Board recommended approval of the alternate ordinance with a vote of 7 to 0 and they suggested an alternate ordinance to allow temporary sponsorship signs on ball fields during specific times of the year. Mr. Dorling stated the original amendment requires them to be taken down in two specific time periods. The alternate requirement removes the option of taking the signs down between July 31st and September 1st; however, retains the requirement that the signs come down between December 1st and March 1st each year to allow this type of advertising to fit into the category of "temporary signs". Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 13-08, the public hearing was closed. Mr. McDuffie stated the alternate ordinance would have the signs taken down during the closed season. The period of June through September is essentially tournament play at which time there are more games played than there are in the regular season. Mr. Eliopoulos moved to approve Alternate Ordinance No. 13-08 on First Reading/First Public Hearing, seconded by Mrs. Montague. 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. 10.B. ORDINANCE NO. 11-08: An ordinance adopting the Community Redevelopment Agency (CRA) Plan Amendment. The caption of Ordinance No. 11-08 is as follows: 14 03/18/08 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. office.) (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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the Community Redevelopment Agency (CRA) establishes projects and programs that are undertaken by the CRA in upcoming years. The first plan was adopted in 1986 and has been amended several times since. The last amendment was adopted in 2005 and this latest amendment plan is proposed to replace the current redevelopment plan in its entirety. The major changes were found by the Planning and Zoning Board to be consistent with the Comprehensive Plan and a positive finding was made to that affect. At its meeting of February 6, 2008, the Pineapple Grove Main Street Executive Board reviewed the amendments and recommended approval; 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; and 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). Diane Colonna, Executive Director of the Community Redevelopment A~ency (CRA), gave a brief PowerPoint presentation of the CRA Plan. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 11-08, the public hearing was closed. 15 03/18/08 Mr. Fetzer moved to adopt Ordinance No. 11-08 on Second and FINAL 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. 10.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 (5) percent increase in all business tax fees. 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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Al Berg, Assistant Director of Community Improvement, stated this ordinance proposes a five (5%) percent increase to all business tax fees. The fees will increase from $142.00 to $149.10 and will raise revenues by approximately $30,000.00. Mayor Ellis declared the public hearing open. Palm Beaches, 1296 10`° Avenue North, stated she is opposed to the City Commission increasing the local business tax and feels the ordinance has the potential to further hurt the revitalization activities of the economy and damage the real estate business in its entirety. She urged the Commission to not increase the business tax fees. Nancy Hogan, 37 Hibiscus Way, Ocean Ride, stated she is speaking as Chair of the Realtors Association of the Palm Beaches Government Affairs Committee and expressed concern over the proposed increase of all business tax fees by five percent (5%). She urged the Commission to be careful when they are shifting this burden to fees on people who are in economic stress and the first ones in the City's food chain because when they sell a house the City's revenue goes up. 16 03/18/08 Mr. Fetzer inquired about the impact of this increase. In response, Mr. Berg stated the fee is currently $142.00 and is proposed to increase to $149.10 for realtors, accountants, and any typical professional business. Mrs. Montague disclosed for the record that she is a member of the Realtors Association of the Palm Beaches. The City Attorney informed Mrs. Montague that she has no conflict because there is no special gain or loss to her. The City Manager stated the last time these fees were increased was 2004 and is about a 1'/z percent per year increase overall. Mr. Fetzer stated he is very sympathetic to comments expressed by Ms. Hogan of the Realtors Association and noted it appears to be a minimal increase that has not been raised since 2004. Therefore, Mr. Fetzer stated he supports the increase. Mr. Eliopoulos concurred with comments expressed by Mr. Fetzer and stated he too supports the increase. There being no one else from the public who wished to address the Commission regarding Ordinance No. 12-08, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 12-08 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.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. 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 6.2.1(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 EFFECTIVE DATE. (The official copy of Ordinance No. 06-08 is on file in the City Clerk's 17 03/18/08 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling Director of Planning and Zoning, stated this ordinance amends Chapter 6 of the LDRs and sets forth and updates the construction standards for streets and alleys within the City. At its meeting of February 25, 2008, the Planning and Zoning Board considered the text amendment and recommended approval with a 7 to 0 vote. Mayor Ellis declared the public hearing open. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 06-08 on Second and FINAL 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. 10.E. 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). The caption of Ordinance No. 14-08 is as follows: office.) 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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. John Tomaszewski, Assistant Fire Chief/Fire Marshall, stated the ordinance used to require that third party certification for fire alarm systems in the city only are done by underwriter laboratories. He stated there are other nationally recognized 18 03/18/08 testing laboratories and the City received a request from one of the alarm contractors that we consider other nationally recognized testing laboratories. Mr. Tomaszewski stated they are just removing the one specific reference to underwriter laboratory from this ordinance. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 14-08, the public hearing was closed. Mr. McDuffie moved to adopt Ordinance No. 14-08 on Second and FINAL 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. At this point, the time being 7:58 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public and the City Manager. 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and 11.B. From the Public. 11.B.1. Carolyn Zimmerman, 212 S.W. 2"d Avenue, Delray Beach, announced on March 29, 2008 from 8:00-9:00 p.m. all over the world everyone will be turning off their lights for "Turn Out Your Lights" and they want everyone in their homes to do the same as well. She stated other countries are doing this; however, in the United States only particular states are doing it. Miss Zimmerman suggested that this be on the Internet to give information out and it will not cost anyone anything. 11.B.2. Dr. Provenzano, 1921 S.W. 36t'' Avenue, Delrav Beach, asked if there are any rules in the City regarding derelict buildings and maintaining property. He expressed concern over the old Blood's site and stated there are derelict buildings, debris, people are doing drugs, and there is graffiti and gang signage. Dr. Provenzano stated the buildings should be torn down and the property should be maintained into the same quality as all the surrounding neighborhoods. Mayor Ellis stated there are rules for this and the answer to his question will be provided at the next regular meeting and also suggested that he use the QAlert system on the City's website. At this point, the time being 8:02 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 19 03/18/08 9.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 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-Judicial Hearing) 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. McDuffie stated he met with representatives from CVS and Office Depot discussing the restrictive covenant. Mrs. Montague stated she spoke with Mr. Weiner as well as the attorney and the applicant for CVS and Office Depot. Mayor Ellis stated she had no ex parte communications to disclose. Mr. Eliopoulos stated he was contacted but there was no communication. Mr. Fetzer stated he spoke to Bonnie Miskel, Attorney for the Applicant, the Developer, and also received a telephone call from Michael Weiner. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-017 into the record. Mr. Dorling stated this is a 2.32 acre site located on the west side of N.E. 6th Avenue between N.E. 8th Street (George Bush Boulevard) and N.E. 7th Street (700 N.E. 6th Avenue). At its meeting of February 27, 2008, the Site Plan Review and Appearance Board (SPRAB) reviewed and approved the Class V site plan, landscape plan and architectural elevations associated with the construction of a 19,000 square foot Office Depot and a 15,281 square foot CVS Pharmacy. He stated that application also included three waivers to some site visibility triangles that the Commission will be considering as well as a special action relating to a parking reduction. This approval was appealed by the City Commission at the request of staff on March 3, 2008 and was primarily focused on the special action which reduced the parking requirements from 155 required at 4.5 per 1,000 of floor area to 93 on-site parking spaces. 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 N.E. 5th Avenue. An additional 6 new parking spaces are to be provided along N.E. 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. Staff has met with the applicant and their attorneys and they have provided some additional information including a parking occupancy study. Mr. Dorling stated 20 03/18/08 staff did not have concerns that the proposed parking was inadequate for the specific uses out of an Office Depot and at Walgreen's because there are similar sites in the city including one on 10th that history shows really do not have a high occupancy for parking. He stated staff was concerned that if and when these uses were vacated, potential replacement uses could generate some parking impacts and given its location at 8th Street the ability to absorb that in the surrounding areas (i.e. location to public spaces was limited). In the discussion since the appeal the applicant has provided some additional information with respect to on-street parking provided plans which show the installation of six new spaces along 7th as well as the utilization and improvements to spaces which exist although they are not delineated on the west side of southbound Federal Highway. He stated those spaces technically cannot be counted as spaces available to this use but in this case the spaces are currently utilized by the existing uses on the site. Staff recommends that in this case the Commission uphold SPRAB's 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. The City Attorney asked if it is still 99 parking spaces including the 6 spaces. Mr. Dorling stated it would be 99 parking spaces of the 155 that they are providing and the applicant may also utilize the 20 spaces as well. Scott Backman, representing the Applicant, stated this issue being discussed is the parking waiver that was presented to SPRAB a couple of weeks ago. Mr. Backman stated they have provided significant documentation since the SPRAB meeting to the Planning and Zoning Department and the City Attorney's office in support of the parking waiver in particular the parking study that was referenced by Mr. Dorling. The lease restrictions that are in both the CVS and the Office Depot lease and the primary concern of both tenants as well as the underlining owner of the property would be not to place significant restrictions on the parking of one or the other users in the unlikely event that they were to vacate the property at some point in the future. Mr. Backman stated he has been working with the City Attorney's office on the Declaration of Restrictive Covenants which states if it is not an office supply use or a pharmacy use then any other use would have to come back for full review by the City as well as the City Commission to ensure that there is sufficient parking for the property. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. Dr. Joseph Provenzano, 1921 S.W. 36t'' Avenue, Delray Beach, stated they are cutting the parking down by one-third going from 155 parking spaces to 99 parking spaces. In his opinion, Dr. Provenzano stated this is going to set another precedent throughout the City and feels if the City is going to make rules for parking then these rules should be followed. He expressed concern over the traffic congestion on that road and stated US 1 will eventually be narrowed to two lanes northbound and 21 03/18/08 southbound and the increased traffic will create more stress on the road and there will not be sufficient parking. He urged the Commission to support and defend the rules of Delray Beach. Alice Finst, 707 Place Tavant, Delrav Beach, stated she attended the SPRAB Meeting and commented on the application that states "Development presentation before all Boards and City Commissions must be on either LCD projector, PowerPoint, or an overhead projector." Mrs. Finst stated the applicant presented sign boards and feels at that point the entire project should have been thrown out and they should have been told to come back so everyone could understand what was going on. She stated she sees this as being the worse possible scenario and then them back down to what they really wanted in the first place. Mrs. Finst feels the evaluation was pushed through on the design, that the parking spaces should be according to the City Code, and the fact that the buildings are 34 and 36 feet high. She asked if buildings of this size need to be air conditioned when one is only using the first floor of the building. Mrs. Finst stated these buildings are totally incompatible with the residential areas around them and they do not match up with the other buildings in the area and she sees this as a start to more and more buildings of this height and size. She urged the City Commission to review the City Code. Art Tavlor, 8911 Oakland Drive, Delrav Beach (was O.C. Tavlor Motors for 20 years), stated auto dealers like to be together and live off this dealership and the Acura dealership. He stated when this dealership goes away it will be difficult for the others to continue in business and this will be a catalyst to develop that end of town. NIr. Taylor stated the Acura dealership will look to relocate and is already looking for property to relocate and the body shops feed off the business from the dealership. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. There was no cross-examination. The following individual gave a brief rebuttal: Mr. Backman stated there are rules for parking but at the same time the City Code has rules that allow applicants to apply for waivers. The reason for the waiver is to provide supporting documentation to establish in this case parking and is it necessary to the extent that is required by the Code. He stated they provided ITE studies as well as the parking study examining two very similar uses within two miles of this site that clearly establish that the parking being provided is more than sufficient to accommodate both uses. With regard to the future uses, that is essentially the reason they provided both the restrictions provided in the CVS and Office Depot lease and the Restrictive Covenant. Mr. Backman stated that these two uses have more than sufficient parking to accommodate was is being proposed on the property and the City has the right to review any future uses that are not one of these two uses. He stated at the moment when driving into the City and you see car dealers for 3-4 blocks and associated uses (i.e. 22 03/18/08 body sho~s and the like). Mr. Backman stated he believes this portion of the City along 5th and 6t north of Atlantic Avenue was included in the CBD (Central Business District) to encourage that new uses come in on these properties. This type of use and other retail and residential uses coming back in and occupying the properties that are currently these automobile uses which with the approval of the site plan it is clearly the catalyst for that to occur over the course of the next 5, 6 or 10 years in the City and rebuild the northern district of the CBD. Mr. Eliopoulos stated he does not necessarily have an issue with the parking and is also fine with the City being protected down the road with regards to a change of use. He stated this site and this plan is not what is in the CBD Design Guidelines. He expressed concern regarding exiting onto George Bush Boulevard and stated this is a very dangerous section of road. Mr. Eliopoulos reported that at the intersections of southbound Federal Highway and George Bush Boulevard, there have been 25 accidents in the last 3 years and he will not support this site plan. Mayor Ellis stated there is no other way to get out of the drive-thru except to exit on George Bush Boulevard. Mr. Eliopoulos confirmed that this is correct. Mr. Eliopoulos stated most people heading to the west are going to do a U-turn and would probably make an illegal turn if the median was not there. He stated he commends them for thinking that the median would solve this; however, cars are coming out and coming around the corner and most people will not want to force themselves to go east. Mr. Eliopoulos stated most people will be doing a U-turn and therefore be cutting over the lanes. Mr. Dorling stated that was a significant item of discussion and the installation of this was a fall back position of the Engineering Department. Randal Krejcarek, City Engineer, stated when this first came through and staff looked at what was being proposed in engineering staff's first comment was "no" to the entrance on N.E. 8th Street for the exact same reasons that Commissioner Eliopoulos has stated (short distance). Mr. Krejcarek stated operationally he does not see that this will work. He stated the applicant came in and asked what they could do to make it work because this is the only layout of these two buildings that will allow us to get into this site what we need to get into this site. He stated two things came out of those discussions with the applicant one being the median down 8th Street and the drive-thru and they also had an exit for all the parking. Mr. Krejcarek stated staff asked the applicant to close that so the only people who would be able to exit would be those going through the drive- thru. He stated he too agrees that anyone going through the drive-thru that is going south is going to head south and make that U-turn (10 an hour is peak hour). He stated as a result of the discussions they had after their first comment of no exit that is how staff came to the idea of the median and also closing the other exit out of the parking lot and the only people who would be able to exit would be those going through the drive-thru. Mr. Krejcarek stated during peak hour (5,000 vehicles plus or minus) anybody trying to make that movement and go back south on Federal Highway is not going to be able to do it and will not be able to drive through the drive-thru during the peak hour and will find another way. With regards to making the U-turn, he stated it is not the safest U-turn; however, it is a signalized intersection so that does help although during rush hour even 23 03/18/08 with the two lanes they do back up. He stated as you head further north past the Plastridge building, there is a dedicated U-turn so if you do turn left and you go north on Stn and you would have to be in the north lane to go left and would have cross a lane to get into that left turn lane to be able to go north. Mayor Ellis stated she travels George Bush Boulevard several times a day and feels this is going to create a dangerous situation and does not see how this will work. Mrs. Montague asked for clarification regarding Mr. Krejcarek's comments that people would not make the left turn during certain times of day. Mr. Krejcarek stated it would be very difficult to do certain times of day because of the volumes but people will still try to make the left turn. 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 (approving the appeal which overturns SPRAB's decision), seconded by Mr. McDuffie. 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 to approve the appeal overturning SPRAB's decision (denying the waiver) passed with a 5 to 0 vote. 9.C. WAIVER REQUESTS/OFFICE DEPOT/CVS PHARMACY BUILDING DEVELOPMENT PROPOSAL: Consider three (3) waiver requests to waive Land Development Regulations (LDR) Sections 4.6.14 (A)(1) and (2), "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' to 30'. (Quasi-Judicial Hearing) The Applicant withdraws this waiver requests for the visibility triangles in light of the denial of the parking waivers (Item 9.B.). 9.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 fee-simple townhouse lots and 29,571 square feet of medical office space to be platted as Midtown Delray, located at the southwest corner of Linton Boulevard and Old Germantown Road, west of Park Access Road. 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. McDuffie stated he received and responded to two emails from the neighborhood. Mrs. Montague stated she received emails and forwarded them to the City 24 03/18/08 Clerk Mayor Ellis stated she has received emails and did not respond. Mr. Eliopoulos stated he received three emails and responded to them all and had a telephone conversation with Mr. Ezra M Krieg. Mr. Fetzer stated he received three emails and will put these in the public record. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-069 and #2008-070 into the record. Mr. Dorling stated at its meeting of December 11, 2007, the City Commission approved a rezoning request to modify the Blood's Grove SAD (Special Activities District) to accommodate a mixed use development which includes 116 townhouse units (32 of which would be workforce housing units) and a 29,571 square foot medical office. The final plat associated with that approval is now before the Commission for final approval. 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"). Mr. Dorling stated concerns have been raised over the selling of Tract "H". Mr. Dorling stated the condition of the Planning and Zoning Board was a master association be created and that 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. He stated the applicant has provided the master association documents. At its meeting of March 17, 2008, the Planning and Zoning Board considered the plat and recommended approval with those conditions. Mr. Dorling stated there has been some discussion about conditions of approval and the City Commission did provide and require that conditions of approval be met for the actual modification and those have not been finalized. He stated a couple of the important ones relate to the requirements for some modifications to the residential piece in the way of bedroom size and garage size which may impact the plat. The applicant has acknowledged that they intend to try to do that within the dimensions. If they cannot, then they acknowledge that they would have to come in and replat that residential portion to meet those conditions of approval. He stated there are seven conditions of approval in the Planning and Zoning staff report that were applied to the property last night and an eighth condition dealing with the master association. The applicant has addressed those so it is now before the Commission without any conditions other than a final review of those master association documents and appropriate references on the face of the plat. Michael Weiner, Attorney with Weiner & Aronson, P.A, 10 S.E. 1St Avenue, Delray Beach, representing Midtown Delrav, LLC (Applicant), thanked the staff for their efforts and commented how quickly Midtown has been responding. With respect to the comments made by Planning and Zoning in one day they came back and addressed those comments. He stated on behalf of his client they will be very happy 25 03/18/08 when they can demolish the buildings and the plat is one step in doing that. Mr. Weiner stated they have submitted the master association documents and they realize the common elements are important to this. He stated they do realize that the conditions of approval have to be met in ways that comply with the ordinances of the City of Delray Beach; however, he noted that this will not be this evening because this is not a site plan hearing. Mr. Weiner briefly explained an extensive report by the Planning and Zoning Department. Mayor Ellis stated anyone from the public who would like to speak in favor or in opposition of the preliminary and final plat for Midtown Delray, to please come forward at this time. Ezra M. Krieg, 6485 Bridlewood Circle, Delrav Beach, stated Mr. Weiner has said several times in his testimony that he has met the conditions. However, Mr. Krieg stated the conditions that were set by the City Commission over objections from several residents was a number of conditions made in December 2007 about looking at the size of the bedrooms, etc. Those adjustments will affect the plat if the buildings have to be modified. Mr. Krieg urged the Commission to not approve the plat on the promise that they will come back sometime later and adjust it if it does not work out but instead do what the Commission asked the applicant to do. He urged the Commission to follow the City's rules. Dr. Joseph Provenzano, 1921 S.W. 36t'' Avenue, Delrav Beach, stated residents fought this project on the density and the applicant has managed to get all the waivers that they have wanted. He stated residents thought the applicant would try to keep the property clean but they have not. Dr. Provenzano stated on December 11, 2007 the City Commission placed conditions on the garages that are 16 feet wide and you cannot fit two cars into them but the two car garages are counted as two parking spaces. He stated you cannot fit two cars in those two car garages and feels everyone was misled and the driveways do not fit two cars either. Dr. Provenzano stated the conditions to make the garages larger to 18 feet and to make master bedrooms a little bit larger and feels if the applicant meets those conditions it is going to impact the entire design of the project. He stated before this project is subdivided up so they can sell of the medical part (now the sign says and "and offices" instead of "and medical") he feels the applicant should meet all the conditions to see how it will impact the whole thing as the Commission approved. Dr. Provenzano stated he has been periodically checking with the Building Department and there has not been a single plan or amendment or anything to come across the board in three months and he does not feel the applicant has been quick to act. Josh Bressler, 2235 Rabbit Hollow Circle, Delrav Beach (President of Rabbit Hollow Homeowners Association), stated both this development and the dilapidated condition of those buildings on the property continue to be sore subjects for the residents and is commonly discussed when the homeowners meet. Mr. Bressler urged the Commission to do the right thing and clean up the property. 26 03/18/08 There being no one else from the public who wished to address the Commission regarding the preliminary and final plat for Midtown Delray, the public hearing was closed. There was no cross-examination. The following individual gave a brief rebuttal: Mr. Weiner stated the public much discussed this condition talking about the adjustment of the design of the units. He stated that these conditions were specifically added that evening within the footprint of the building and since the time of that particular condition there have been alternatives submitted concerning the layout of these buildings. For example, bedrooms have been increased by 9 foot 4 inches by 15 feet 6 inches to a more rectangular 12 foot 5 inches by 13 inches 4 feet and garages are more than 80 square foot larger as a result of some of these things. Mr. Weiner stated these meeting of the conditions of approval for site plan are in the City's process to go on through the staff. He stated to add additional conditions that have to do with vertical issues and site plans the City Commission has already passed would not be appropriate or within the laws applied to plats, and would not be consistent with the City's staff report. Mr. Weiner urged the Commission to let them proceed with the plat and then let them continue their discussions with staff. Mrs. Montague asked if the change in the dimensions of the bedroom size and the garage size can affect the plat. In response, Mr. Dorling stated to meet the minimum requirements of garages he does not believe that can be accomplished appropriately within the dimensions shown on the plat. The City Manager commented that many of the lots are 17 feet wide and asked if they are supposed to have two car garages on them. In response, Mr. Dorling stated the 17 foot lots are one car garages and the 22 foot dimensions are two car garages. Mr. Dorling stated in most of those cases there is also either a staircase or a hallway between the garages. Mr. Dorling stated there was a concern with all the garages and the dimensions and noted that all the dimensions for the two bedroom units have to be modified. He stated late last week staff received something that was an attempt to do it within the dimensions and those are not satisfactory and would not meet the condition. Also, Mr. Dorling stated there is no reference on the face of the plat to the master association or the elements that it would encompass. Mr. Eliopoulos stated most plats are on the Consent Agenda and feels this one was special in that the Commission did place conditions on it and does not believe there has ever been a plat goes before the Planning and Zoning Board and the next evening go before the City Commission. Mr. Dorling stated he is not aware of any plats that go immediately to the City Commission normally because plats cannot come to the Commission with conditions and those conditions have to be addressed prior to going to Commission. Mr. Dorling stated it is unusual that if anybody had conditions that they would be able to address them all before it coming to the Commission. Mr. Eliopoulos 27 03/18/08 stated at the last meeting the applicant stated that they would work with staff and within the footprint of what the Commission is talking about. He feels the applicant has been given sufficient time to make this one happen and noted that the plat with the townhouse is directly related to the overall site plan. Mr. Eliopoulos stated he agrees with staff that this does not work with regards to the width of the two-car garages. Mr. Dorling stated the scheduling of this was done by the applicant last week to move it forward and it was made clear to him if he was not able to comply then he would not be assured approval at this point. Brief discussion continued between the Commission and Mr. Weiner. Mayor Ellis stated what the Commission is expecting back is proof that this plat will accommodate the conditions that were attached to the initial approval. Mr. Eliopoulos moved to postpone the preliminary and final plat for Midtown Delray to a date certain of April 1, 2008, seconded by Mr. Fetzer. 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. At this point, the time being 9:26 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 12.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". If passed, a public hearing will be scheduled for April 1, 2008. The caption of Ordinance No. 15-08 is as follows: 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 SECTIONS 33.62 "BENEFIT AMOUNTS AND ELIGIBILITY"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTNE DATE. (The official copy of Ordinance No. 15-08 is on file in the City Clerk's 28 03/18/08 office.) The City Attorney read the caption of the ordinance. She stated this ordinance regarding the Police and Fire Pension Plan puts the City of Delray Beach into compliance with Section 415 IRS Regulations and Federal law. Mr. Fetzer moved to approve Ordinance No. 15-08 on FIRST Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 16-08: An ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment". If passed, a public hearing will be scheduled for April 1, 2008. The caption of Ordinance No. 16-08 is as follows: office.) 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. (The official copy of Ordinance No. 16-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance regarding the General Employees Pension Plan and stated this ordinance also puts the City of Delray Beach into compliance with Section 415 IRS Regulations and Federal law. Mr. McDuffie moved to approve Ordinance No. 16-08 on FIRST Reading, seconded by Mr. Eliopoulos. 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.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 Retirement Option Plan", to provide for payment of DROP benefits in 29 03/18/08 monthly installments at the member's election. If passed, a public hearing will be scheduled for April 1, 2008. The caption of Ordinance No. 18-08 is as follows: 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 SAVING CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated typically on the City's local law plan the Mayor is part of that Board. Staff has had the City's Pension Board lawyer who assists the City in these technical matters as well as the lawyer representing the Police and Fire Pension Plan. This ordinance allows the Mayor to designate someone to serve on that Board in her place. The other part is the Deferred Retirement Option Plan distributions. She stated it currently allows quarterly or annual installments and did not have monthly installments; however, General Retirement Plan Employees Drop Plans are monthly and the Police and Fire wanted the same thing. The City Attorney stated this ordinance would accomplish those goals. Mr. Eliopoulos moved to approve Ordinance No. 18-08 on FIRST Reading, seconded by Mr. McDuffie. 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. At this point, the time being 9:31 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager 30 03/18/08 The City Manager reported from the League of Cities Board of Directors Meeting that the League is tentatively planning their Installation Event this year as a luncheon instead of a dinner in order to reduce costs. The cost is expected to be $50.00 per person instead of $125.00 and is tentatively planned for Friday, May 23, 2008 at the Marriott (Okeechobee exit in West Palm Beach). Secondly, he stated there is an opening on the County's Impact Fee Review Committee and there were several appointments made. The City Manager stated Lynn L. Hubbard from the City of Riviera Beach was appointed to the Overall Economic Development Program; Terry Brown from Town of Ocean Ridge to the Treasure Coast Regional Planning Council with Martha Webster from the Village of Royal Palm Beach as the alternate. The City Manager announced that on Wednesday, April 23, 2008, there will be a training event for elected officials from 1:00-4:00 p.m. followed by a reception. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. McDuffie Mr. McDuffie asked what the boundaries are for Clean and Safe. The City Manager stated roughly the Downtown Development Authority (DDA) boundaries. Secondly, Mr. McDuffie stated he appreciates everyone's action and support on the ordinance to get signs for the Little League. Mr. McDuffie thanked everyone for their kind words and support during his mother's illness and recent operation. He stated she responded amazingly well and recovered from the surgery. Lastly, Mr. McDuffie stated land values across Palm Beach County have been reduced by 15%. 13.C.2. Mrs. Montague Mrs. Montague congratulated Daisy Fulton who is one of the recipients this year for the African-American Achiever's Award Ceremony sponsored by JM Family. She stated unfortunately this does take place the evening of the Organizational Meeting so the Commission will not be able to attend. On behalf of the City Commission, Mrs. Montague extended congratulations to Ms. Fulton. 31 03/18/08 13.C.3. Mr. Fetzer Mr. Fetzer congratulated Nancy Stewart and everyone who worked on the St. Patrick's Day Parade. 13.C.4. Mr. Eliopoulos Mr. Eliopoulos stated the St. Patrick's Day Parade was great. Secondly, he stated at the Special/Workshop Meeting of March 13, 2008 the City Manager presented the Commission with information from Municipal Solutions regarding the City of Daytona Beach and thanked him for this information. Mr. Eliopoulos stated he wants to make sure that these are the best people out there and noted he was surprised that some of the cities that Municipal Solutions has worked with have smaller budgets than the City of Delray Beach. He stated the City of Delray Beach actually has a larger budget but in general he thought it was great how Municipal Solutions went through everything. He would also encourage that they look at the levels in the budget and would like to keep this going forward. 13.C.5. Mayor Ellis Mayor Ellis stated the St. Patrick's Day Parade was a lot of fun and she was amazed at all the people who showed up from all over. Secondly, she attended the Relay for Life at Atlantic High School and made a few brief comments. Mayor Ellis stated there were some great organizations there and noted Terrill Barton, Assistant City Attorney, and Alberta Gaum-Rickard, Project Coordinator/Parks & Recreation and Gail Vanhove, Administrative Assistant/Parks & Recreation did a magnificent job. Mayor Ellis also commented that she saw many other City employees there and it was very rewarding. Mayor Ellis stated she, the City Manager, Police Chief Schroeder, and one of the Battalion Chiefs from the Fire-Rescue Department presented Perry DonFrancisco and Delaire with a framed proclamation with both the Chief of Police and the Fire Chief's badges. The Police Department also presented Mr. DonFrancisco with a marble and bronze bust of an Eagle. Mayor Ellis stated the Fire-Rescue Department will present him with bronze bust of a fireman holding a child. She stated Police Chief Schroeder spoke and made a comment about the 4:00 a.m. telephone call that one of his officers was seriously injured in a car crash on I- 95 with a vehicle going the wrong way. Lastly, Mayor Ellis stated she and Commissioner Montague are off to Tallahassee for the League's Legislative Action Days the last week of this month to represent the City of Delray Beach and the City Commission. 32 03/18/08 There being no further business, Mayor Ellis declared the meeting adjourned at 9:46 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 18, 2008, which Minutes were formally approved and adopted by the City Commission on 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. 33 03/18/08 .` 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 2127!08 SPRAB APPROVAL OF THE SPECIAL ACTION REQUESTED BY OFFICE DEPOTlCVS 1. This appeal of SPRAB's February 27, 2008 approval of the special action request by Office DepotICVS came before the City Commission on March 18, 2008. 2. The City staff, applican#, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the specia! action request of Office DepotICVS. 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. Parkins: Pursuant to LDR Section 4.6.9{C)(3)(a), "General Commercial Uses shag 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 DepotICVS building located at 700 NE fit" 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.fi.9(F)(1 }, "Reduction allowed, when, upon receipt and acceptance of special documentation, it i ~, conclusively demonstrated that a reduced number of parking spaces will accommo to ~'~/~$ SCANNED ~~ I~en, 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. 1n 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 bath 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 farm 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 0 No 5 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. fi. 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 X denies the appeal and thus, overturns the SPRAB approval, the effect of which is a denial of the special action request. 8. The City Commission hereby adopts this Order this ~ 8th day of March, 2008, by a vote of 5 in favor and o posed. / ~~ ` o~ Rita EII ,Mayor ATTEST: ~, Chevelle Nubin City Cierk 3 ...'~ 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 2127108 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. Does 4.4.10{G)(5){b} apply to the indoor display? Yes 0 No 5 Therefore, no waiver is required. 5. Elevated Vehicle Dis-play: 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 3~~~ "' requested to allow an elevated vehicle display within the showroom of Delray Mazda. ~Q~ ~~'~N1VED ~~ ~ ~+ r.. 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 NIA No NIA fi. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 7. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adapts the facts contained in the record including but not limited to the staff reports, #estimony of experts and other competent witnesses which supports the findings set forth in this Order. 8. Based on the entire record before it, the City Commission finds that a waiver is not required and the indoor display is not prohibited by the Land Development Regulations as currently adopted. The City Commission remands this matter to the SPRAB Board. 9. The City Commission hereby adopts this Order this 18th day of March, 2008, by a vote of 5 in favor and 0 /{0 4 ~ Rita E is, Mayor ATTEST: Chevelle Nubin , City Clerk 2 MARCH 27, 2008 DELRAY BEACH CITY COMMISSION ANNUAL ORGANIZATIONAL MEETING (1) Call to Order/Roll Call. The annual Organizational 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. on Thursday, March 27, 2008. Roll call showed: Commissioner Gary Eliopoulos Commissioner Fred B. Fetzer Commissioner Nelson S. "Woodie" McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Absent: None Also present were: David T. Harden, City Manager Susan A. Ruby, CitS~ Attorney Chevelle D. Nubin, CitS~ Clerk (2) The Pledge of Allegiance to the Flag was given. (3) Oath of Office administered to Newly-Elected City Commission Members. The City Clerk administered the Oath of Office to Commissioner Fred B. Fetzer (Seat #2), and Commissioner Brenda B. Montague (Seat #4). (4) Roll Call Newly Sworn-In Commission. The CitS~ Clerk called the roll of the Commission after newly-elected City Commission Members were sworn in. Roll call showed: Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Nelson S. "Woodie" McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Absent: None (5) Selection of Vice-Mayor (for the term March 28, 2008 through March 26, 2009). Commissioner Eliopoulos moved to appoint Commissioner Montague as Vice-Mayor of the CitS~ of Delray Beach for the term March 28, 2008 through March 26, 2009, seconded by Commissioner McDuffie. Upon roll call the Commission voted as follows: Commissioner Fetzer -Yes; Commissioner McDuffie -Yes; Commissioner Montague -Yes; Mayor Ellis - Yes; Commissioner Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. (6) Selection of Deputy Vice-Mayor (for the term March 28, 2008 through March 26, 2009). Commissioner Montague moved to appoint Commissioner McDuffie as DeputS~ Vice-Mayor of the CitS~ of Delray Beach for the term March 28, 2008 through March 26, 2009, seconded by Commissioner Eliopoulos. Upon roll call, the Commission voted as follows: Commissioner McDuffie -Yes; Commissioner Montague -Yes; Mayor Ellis -Yes; Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes. Said motion passed with a 5 to 0 vote. (7) Review and Acceptance of regularly scheduled City Commission Meeting dates for the period Apri12008 through March 2009. Commissioner Montague asked to reschedule the November 4, 2008 Regular Commission Meeting to Monday, November 3, 2008 due to the Presidential Election on Tuesday. It was the consensus of the Commission to do so. Commissioner McDuffie moved to approve the CitS~ Commission Meeting dates for the period of April 2008 through March 2009 as amended, seconded by Commissioner Montague. Upon roll call the Commission voted as follows: Commissioner Montague - Yes; Mayor Ellis -Yes; Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes; Commissioner McDuffie -Yes. Said motion passed with a 5 to 0 vote. (8) Establish a date for the 2009 Goal Setting Session. It was the consensus of the Commission to schedule the last week of April 2009 as the timeframe for the Commission to meet with Lyle Sumek for the 2009 Goal Setting Session. 2 Annual Organizational Meeting March 27, 2008 (9) Review and Adoption of Rules of Procedure -Delray Beach City Commission (Local Rules). Commissioner Montague moved to approve the Rules of Procedure (Local Rules) as presented, seconded by Commissioner Eliopoulos. Upon roll call, the Commission voted as follows: Mayor Ellis -Yes; Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes; Commissioner McDuffie -Yes; Commissioner Montague -Yes. Said motion passed with a 5 to 0 vote. (10) Review and Adoption of Procedures for Quasi-Judicial Hearings. Commissioner McDuffie moved to adopt the Procedures for Quasi Judicial Hearings as presented, seconded by Commissioner Montague. Upon roll call the Commission voted as follows: Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes; Commissioner McDuffie -Yes; Commissioner Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. (11) Review of City Commission Liaison Appointments to various Advisory Boards and outside agencies. Commission reviewed the assigned liaisons from Boards and Outside Agencies and amended the liaison appointments (a copy of the amended assignments is attached as part of the minutes). (12) Commission Comments. Susan Ruby, City Attorney, stated she had no comments. However, she commented that it was an enjoyable afternoon regarding the Employee Town Hall meeting. David T. Harden, City Manager, congratulated re-sworn in Commissioner Fetzer and Commissioner Montague. Commissioner Fetzer had no comments. Commissioner Eliopoulos stated there were all kind of activities going on this past weekend in Delray Beach. He stated he was a judge for the Easter Dog Bonnet parade. He mentioned a product that is being used in Toronto for lawnmowers, generators, and cars that conserves on gas. He wants staff to research this. He extended congratulations to Commissioner Fetzer and Commissioner Montague. Commissioner McDuffie welcomed the reelected Commissioners and stated it has been a great year. He invited everyone to the opening ceremonies for the Delray American and Delray National Little Leagues to be held on Saturday, March 29, 2008 at Pompey Park. He thanked the Commission and staff for all of their support. 3 Annual Organizational Meeting March 27, 2008 Commissioner Montague thanked everyone for all of their support and stated she will continue to do her best to serve the City of Delray Beach. Mayor Ellis stated that looking back over the years it has been great to work together and build consensus. She commented that the Commission has always and will continue to look out for the greater good of the CitS~. She stated they will get the job done regarding the tax changes and budget. She thanked the City Manager and City Attorney for their assistance to the Commission. In addition, she commented about the Employee Town Hall Meeting held today and stated Phillip Van Hooser did a wonderful job discussing change. There being no further business, the meeting was adjourned at 6:35 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 Annual Organizational Meeting of the CitS~ Commission held on March 27, 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 CitS~ Commission. They will become official only after review and approval by the City Commission which may involve amendments, additions or deletions to the minutes as set forth above. 4 Annual Organizational Meeting March 27, 2008 MEMORANDUM TO: Mayor and CitS~ Commissioners THRU: David T. Harden, City Manager FROM: Chevelle D. Nubin, CMC, City Clerk SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS DATE: March 28, 2008 Below is the list of CitS~ Commission Liaison assignments as amended at the March 27, 2008 Annual Organizational Meeting. BOARD Community Redevelopment AgencX 2nd & 4th Thursday at 5:30 p.m. Commission Chambers Community Land Trust 3rd Thursday at 6:30 p.m. Old School Square Library Delray Beach Public Library 3rd Wednesday at 5:30 p.m. r 2nd Floor Conference Room, Library Delray Beach Public Schools LIAISON Commissioner Eliopoulos Primary Member Commissioner Montague Alternate Member Commissioner McDuffie Commissioner Fetzer City Commissioners adopt a Delray Beach Public School and sit on that School's Advisory Committee. The Schools are: Banyan Creek Elementary School Spady Elementary School Plumosa Elementary School Pine Grove Elementary School Orchard View Elementary School Village Academy Carver Middle School Atlantic High School Downtown Development AuthoritX 2nd Monday at 12:00 Noon Chamber of Commerce Commissioner McDuffie Commissioner Eliopoulos Commissioner Eliopoulos Commissioner Montague Commissioner Montague Commissioner McDuffie Commissioner Fetzer Commissioner Fetzer Mayor Ellis Page 2 Downtown Marketing Cooperative Partners Mayor Ellis 4th Thursday at 8:30 a.m. Chamber of Commerce Drug Task Force Mayor Ellis 3rd Friday at 10:00 a.m. Chiefs Conference Room, Police Department Education Board Commissioner Fetzer 1st Monday at 5:30 p.m. Primary Member First Floor Conference Room, CitS~ Hall Commissioner McDuffie Alternate Member General Employees Retirement Committee Meets once every quarter Tom Lynch to continue as Commission appointee Historic Preservation Board Commissioner Eliopoulos 1st and 3rd Wednesday at 6:00 p.m. Commission Chambers Parking Management Advisory Board 4th Tuesday at 5:30 p.m. First Floor Conference Room, CitS~ Hall Commissioner Eliopoulos Police & Fire Board of Trustees 3rd Wednesday from 2-4 p.m. in Training Room at Fire HQ or Police Chiefs Conference Room Public Art Advisory Board 4th Monday at 6:00 p.m. First Floor Conference Room, CitS~ Hall Sister Cities Committee 1st Thursday at 4:30 p.m. First Floor Conference Room, CitS~ Hall Douglas Smith Assistant City Manager Commissioner Montague Commissioner Fetzer OUTSIDE AGENCY APPOINTMENTS Palm Beach Count~gue of Cities, Inc. Governmental Center 301 North Olive Avenue West Palm Beach 33402 Contact: James Titcomb, Exec. Director (561) 355-4484 David T. Harden, City Manager Board of Directors; Transportation/ Legislative Sub-Committee Chair Commissioner Montague Alternate Member S:ACity Clerk\Organizauonal Meetings\Appro~red Liaison Assignments 032708 Page 3 The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation. The purpose of the Palm Beach County League of Cities is to promote and advance the collective interest of the municipalities of Palm Beach County; to study municipal issues and seek desired results through cooperative efforts; to respect the principles of Home Rule; and to encourage and enhance the quality of life of citizens of Palm Beach CountS~. The General Membership meets once per month (normally the 4`h Wednesday) at 10:30 a.m. at different host cities around the county. The Board of Directors meets once per month (normally the 2nd Wednesday) at 10:00 a.m., at various locations in Palm Beach County. Florida League of Cities, Inc. 301 S. Bronough Street, Suite 300 (32301) Post Office Box 1757 Tallahassee, Florida 32302-1757 Contact: Scott Dudley, Sr. Legislative Advocate (850) 222-9684 David T. Harden, City Manager Home Rule Administration Council Member Mayor Ellis Florida League of Mayors Member Metropolitan Planning Organization Of Palm Beach County 160 Australian Avenue, Suite 201 P. O. Box 21229 West Palm Beach 33416 Contact: Randy M. Whitfield, P.E. Director (561) 684-4170 or Paul Dorling (City staf fl (561) 243-7040 Commissioner McDuffie Primary Member Commissioner Montague Alternate Member The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter 339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and efficient management, operation and development of surface transportation systems that will serve the mobility needs of people and freight within, and through, urbanized areas of Palm Beach County while minimizing transportation related fuel consumption and air pollution. The MPO is charged with the development of short-range (5 year) and long-range (20 year) transportation plans and programs. MPO Board (elected officials) meets on the 3rd Thursday of the month at 9:00 a.m., 12`h floor Conference room at the Governmental Center. Technical Advisory Committee (TAC, staff subcommittee) meets on the 15T Wednesday of the month at 9:00 a.m. at 2300 North Jog Road in the 4`h floor Conference Room, 4E 12, West Palm Beach. Liaison to State Representatives Maria Sachs, District 86 Adam Hasner, District 87 Commissioner Montague Mayor Ellis Liaison to State Senators Jeffery Atwater, District 25 M. "Mandy" Dawson, District 29 Ted Deutch, District 30 Mayor Ellis Commissioner Montague Commissioner Fetzer S:ACity Clerk\Organizauonal Meetings\Appro~red Liaison Assignments 032708 Page 4 Liaison to United States Representatives Robert Wexler, District 19 Commissioner Eliopoulos Ron Klein, District 22 Mayor Ellis Alcee L. Hastings, District 23 Commissioner Montague Intergovernmental Coordination Issues Forum Lantana Council Chambers 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey 9835-16 Lake Worth Road, Suite 223 Lake Worth 33467 (561) 434-2575 Commissioner Montague Primary Member Commissioner McDuffie Alternate Member Paul Dorling CitS~ Staff Member The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues of multi-jurisdictional significance, such as school concurrency, county wide fire rescue services, and countywide library services. The intent is to have municipalities work together on issues of countywide concern or impact and to assist in the resolution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. The meetings are scheduled for May 29, 2008, July 31, 2008; and October 30, 2008. The Executive Committee meets at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:30 p.m. in the Lantana Council Chambers. S:ACity Clerk\Organizauonal Meetings\Appro~red Liaison Assignments 032708 WHEREAS, the National Association for the Education of Young Children and other local organizations, are celebrating the Week of the Young Child, Apri113- 19, 2008; and WHEREAS, these organizations are ~wrking to improve early learning opportunities, including early literacy programs, that can provide a foundation of learning for children in Delray Beach, Florida; and WHEREAS, teachers and others who make a difference in the lives of dung children in Delray Beach, Florida deserve thanks and recognition; and WHEREAS, public policies that support early learning for all young children are crucial to their future. NOW, THEREFORE, I, RITA ELLIS, Mayer of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of Apri113- 19, 2008 as: YOUNG CHILD WEEK in the City of Delray Beach, Florida and encourage all citizens to ~wrk to make a good investment in early childhood in the City of Delray Beach. 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 1St day of April, 2008. RITA ELLIS MAYOR WHEREAS for more than 70 years it has been the policy of this nation, under the US Housing Act to promote the general welfare of the nation by employing its funds and credit to assist the several states and their political subdivisions to remedy the unsafe and unsanitary housing conditions and the acute shortage of decent, safe and sanitary dwellings for families of lower income; and WHEREAS, according to the "State of the Nation's Housing" report, 15.6 million households now pay more than half of their income for housing; and WHEREAS, according to current estimates, on any given night, there are nearly 750,000 homeless nationwide; and WHEREAS, according to the National Housing Conference, health care workers and many other working professionals are priced out of homeownership in the majority of U.S. metropolitan areas nationwide; and ~--AS, according to the IlotiGSing Assistance Council; 1.7 million (6.3 percc;r-itj of n~._~: homes were c«r-isidered substar-idard ire 2005; ar-id WHEREAS public housing is home to over 2 million people, more than 40 percent of whom are children, and currently receives federal funding at less than 82 percent of need for ongoing operations and faces an estimated $18 billion - $20 billion backlog in capital repairs; and WHEREAS, the National Association of Housing and Redevelopment Officials; Habitat for Humanity International, Local Initiatives Support Corporation; National League of Cities; U. S. Conference of Mayors and many other national housing organizations are united in an effort to raise public awareness of the importance of affordable housing and community development programs and resources; and WHEREAS, the aforementioned groups have declared April Housing America Month, part of a year-long, national campaign to inform the public and decision makers of the critical need to address the nation's housing and community development concerns; NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of April 2008 as HOUSING AMERICA MONTH in the City of Delray Beach, which has, over a period of many years, endeavored to address affordable housing and community development needs and has been successful in doing so using a combination of local, state and federal resources. The City hereby endorses the Housing America Campaign, its goals, objectives and purposes and in so doing recommits itself to meeting the affordable housing and community development needs of the 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 lgt day of April, 2008. RITA ELLIS MAYOR WHEREAS, libraries are a cornerstone of Florida's educational system providing materials and programs for children, families, adults, and elders to enrich their lives and their understanding of the world; and WHEREAS, libraries provide residents and visitors of Florida with access to important research about health, recreation, economics, the environment, employment, business opportunities, and countless other subjects to improve living conditions and to help our citizens live more productive and fulfilling lives; and WHEREAS, libraries support a competitive workforce with access to the Internet and other resources, helping people to find, evaluate, and use information necessary for their jobs, businesses, and the delivery of governmental services; and WHEREAS, the expansion of electronic networks linlung libraries and their resources allows information to be shared efficiently and economically with library users; and WHEREAS, Charlie Crist, Governor of the State of Florida, has extended greetings and well wishes to all observing Library Appreciation Month in Florida; NOW THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, on behalf of the City Commission, do hereby proclaim the month of Apri12008 as: LIBRAY APPRECIATION MONTH in the City of Delray Beach and urge the citizens of Delray Beach to show support for our Delray Beach Public Library and encourage everyone to take advantage of the many services offered through our local library. 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 ls` day of Apri12008. RITA ELLIS MAYOR WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the City of Delray Beach, Water Management Districts, and the State of Florida are working together to increase awareness about the importance of water conservation; and WHEREAS, the City of Delray Beach and the State of Florida have designated April, typically a dry month when water demands are most acute, Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, every business, industry, school, and citizen can make a difference when it comes to conserving water; and thus promote a healthy economy and community. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of April, 2008 as WATER CONSERVATION MONTH in Delray Beach, Florida, and call upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. 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 15L day of April, 2008. RITA ELLIS MAYOR RESOLUTION NO. ]3-08 A RESOLUTION OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING BARBARA J. FLYNN FOR THIRTY YEARS OF DEDICATED SERVICE TO THE QTY OF DELRAY BEACH WHEREAS, Barbara J. Flynn was hired by the City of Delray Beach as a Cashier Clerk on March 28, 1478; and WHEREAS, on March 28, 2008 Barbara J. Flynn reached a milestone in her career, having effectively achieved thirty (30) years of continuous, full-time service with the City of Delray Beach Finance Department; and WHEREAS, during the past thirty years Barbara J. Flynn has served this community with honor and distinction as Computer Operator, Office Automation Analyst, Help Desk Administrator, and Executive Technical Assistant; and WHEREAS, Barbara's professionalism, kindness, and compassion are well known and recognized throughout the City of Delray Beach; and WHEREAS, her willingness to assist others greatly benefits not only her department but also typifies the team effort we appreciate in our employees; and WHEREAS, the City of Delray Beach and the Finance Department are honored to have had Barbara J. Flynn as a valued member of the municipal team over the past 30 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Barbara J. Flynn for thirtyyeais of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Barbara J. Flynn for her manyyeaxs of service. PASSED AND ADOPTED in regular session on this the 151 day of April, 2008. MAYOR ATTEST: CITY CLERK MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: March 26, 2008 SUBJECT: AGENDA ITEM 7.C. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 PRESENTATION BY NEIGHBORHOOD SERVICES DIVISION SHOWCASING THE FY 2006- 2007 "NEIGHBORHOOD PRIDE GRANT" PROGRAM. ITEM BEFORE COMMISSION Presentation by Neighborhood Services Division showcasing the FY 2006-2007 "Neighborhood Pride Grant" program. BACKGROUND The Neighborhood Pride Grant was conceived by Deputy Vice Mayor Montague in early 2006. During FY 2006-2007, the Neighborhood Services Division, with the support of the Neighborhood Advisory Council, implemented three (3) Neighborhood Pride Grants. This presentation will showcase the success of the program. MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP Director of Planning and Zoning THROUGH: City Manager DATE: March 26, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 ACCEPTANCE OF EASEMENT DEED/EBENEZER WESLEYAN METHODIST CHURCH ITEM BEFORE COMMISSION The action requested of the City Commission is the acceptance of an easement deed for Ebenezer Wesleyan Methodist Church, located on the East and West sides of SW 6d' Avenue, North of SW 2nd Street. BACKGROUND EbenezerWesleyan Methodist Church is currently located at the southeast corner of SW 6d' Avenue and SW 2nd Street. At its meeting of May 3, 2005, the City Commission approved the conditional use request to allow the construction of a new 6,575 sq. ft. sanctuary, at the northwest corner of SW 6d' Avenue and SW 2nd Street and construction of an off-site parking lot at the northeast corner of SW 6d' Avenue and SW 2nd Street. On October 11, 2006, the Site Plan Review and Appearance Board approved the site plan subject to the dedication of a 10' wide easement to cover the existing overhead power lines. A conditional use extension was granted by the City Commission on April 23, 2007, extending the approval to November 3, 2008. The Easement Deed currently before the City Commission is to accommodate the existing overhead power lines that traverse the property as required with the site plan approval. The easement will be 10 feet wide and runs eastwards from the west property line approximately 95 feet along the south property line then continues northward for approximately 125 feet. The City Attorney has reviewed and approved the easement deed as to form and sufficiency REVIEW BY OTHERS The dedication of the Easement Deed was a condition of the site plan approval and therefore did not require additional Board review. RECOMMENDATION By motion accept the easement deed for Ebenezer Wesleyan Methodist Church. Attachments: - Site location map - Executed Easement Deed and Sketch of Legal Description z A T L A N T I C a ~ a m 0 ro vi s.w. s.w. 5. w. AUBURN CIRCLE NORTH ~1 D~ xA! rrArr NO. 1 A V E N U E STADIUM SOUTH COUIV TY COURT HOUSE ST. MERRrrT ~ PARK vi ST. a POLICE COMPLEX 5T. CITY OF OELR N EBENEZER WESLEYAN METHODIST CHURCH -~- CITY OF OELRAY BEACH, FL LOCATION MAP PLANNING do ZONING DEPARTMENT -- DIGITAL RASE MAP SYSTEM -- MAP REF: 5:\Planninq do Zanirsg\DBMS\File-Cab\Z-LA7 500-1000\Ebenzer Wesleyan Methodist Charch 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 ~~r'c~ 20{~ by and between ~'/J~F1~~~'~ 1~'es~eYReV 33S%s~ t~rr.~d~isr e,~~,e~X ivy, with a mailing address ofaa/ sf~ G~ ~Ele~ ~ , pa~ty of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 001 N.W. 1st 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 hereixi contained .crud; other ,good. and; valuable. considerations, does hereby, grant, ~iargain, sell and release unto, the..parfy-of the second part; its; ~siicce'ssors aiid assigns, a~ri~ghf of way and 'perpetual easement for the purpose of the construction and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities 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 f~tl:er right iri the par~;y 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 agrrees 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 constructionu; all'lands distuirbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of ail 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 #1: (name printed or typed) WITNESS ~ one ~~IQ~~yrC i~ (name printed or typed) PARTY OF THE FIlZST PART C~/v ,~~ /..r/C - C---- By: c~ ~- f~a6~~+r L. ~o ws-- /~s~zr,~~ /'~~~'r STATE OF ~/~ COUNTY OF The foregoing ins rument was acknowledged before me this ~ day of ~17,g~it/ , 200~by ads ~ ~-- ~j~Lo _ (name of officer or agent}, of '~,~~t~res.L€y~,An~~YYerryvas~'G~~~ ~ of corporation), a ~D- (State or place of incorporation) corporation, on behalf of the corporation. He/She is pers~ai'lyTc own to me o .has produced (type of identifi tion) as identih a ion~~did not take an a ath. Sigr~at=are of l~~otary Public State of (SEAL) °""~ «~~a~ Doak S. Campbell III. ;r Commission # D~43i261 =:'a~ Q~~ Expires Jens 2t, 20Q9 _ ~~~~~-` ~antiad Troy Fain • IfiJVr~npg. mc. ~9&384~7019 2 W Q U Z SKETCH OF DESCRIPTION EXHIBIT 'A" SHEET 1 OF 1 O Q SW. CG~NER Gig /~50' o OF 5185' Q~ E. 135' ~o L1~• BLOGYC i4 135.0' Q ti 3~ POINT Ll~" BEGmWIJ6 DESCRIPr~oN - 45.92' N.16°29'35"N! 10' EASEMENT g AREA z 5IXITH LIhE t31.OL~f 14 hC9O°O0OO'E 21546' ~ w 2~ S~T BLOCK 14 A 10 UTILITY EASEMENT BEING A PORTION DF BLOCK 14; TOWN DF LINTON (NOW DELRA Y BEACH), ACCORDING TO THE PLAT THEREOF AS RECDRDED IN PPLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID EASEMENT BEING 10 FEET 70 THE LEFT OF AND PARALLEL TO THE FOLLOWING DESCRIBED LINE. BEGINNING A r A POINT IN -THE SOUTH LINE OF SAID BLOCK 14,-SAID POINT BEING 85.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID BLOCK 14, SAID POINT ALSD BEING A DISTANCE OF 218.46 FEET WEST OF THE SOUTHEAST CORNER OF SAID BLOCK 14 AS MEASURED ALONG THE SOUTH . LINE OF SAID BLOCK. THENCE N.9O°00'00'E, ALONG THE SOUTH LINE OF SAID BLOCK 14, A DISTANCE OF 94.75 FEET; THENCE NO°DO'00'E, A DISTANCE OF 90.00 FEET• THENCE N 16°29'35"W., A DISTANCE OF 46.92 FEET TO THE SOUTHWEST CORNER OF ,THE NORTH 50.0 FEET OF THE SOUTH 185.0 FEET OF THE EAST 135.0 FEET OF SAID BLOCK 14 AND THE TERMINUS PDINT OF SAID EASEMENT. THE.SIDELINES OF SAID EASEMENT TD BE EXTENDED OR SHORTENED TO MEET A T -ALL ANGLE POINTS AND TO TERMINATE AT A LINE 135.0 FEET NORTH DF AND PARALLEL TD THE-SOUTH LINE DF SAID BLOCK 14 AND TO ALSO TERMINATE AT A LINE 85.0 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID BLOCK 14. Z Q S' NOTES• THIS IS NOT A SURVEY =CENTERLINE THE SOUTH LINE OF BLOCK 14 IS ASSUMED TO BEAR N.90°O0'O0'E PAUL D. ENGLE `'"' SURVEYOR & MAP R #5708 DA TE.~ FEB. 20, 2008 ORDER NO. O] 115 FPL EASEMENT MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 25, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 SERVICE AUTHORIZATION NO.O1-23.1/HELLER-WEAVER & SHEREMETA ITEM BEFORE COMMISSION Staff is requesting Commission consideration of Service Authorization #01-23.1 to Heller-Weaver & Sheremeta, Inc., in the amount of $6,500 for provision of supplementary surveying services relating to preparation of condominium documents for the retail space on the first level of the Old School Square Parking Garage. BACKGROUND On September 28, 2007, Service Authorization #01-23 for Heller-Weaver &Sheremeta, Inc. was approved by the Assistant City Manager in the amount of $12,000 for the preparation of condominium documents to accommodate the sale of the retail space at the Old School Square Parking Garage. While the basic scope of that agreement included field work for data acquisition and preparation of exhibits to provide complete sets of condominium documents, the details of how the retail space would be divided, where easements were necessary to accommodate City maintained facilities, how retail storage areas would be handled, etc., were evolving issues as negotiaions proceeded with the prospective purchaser. The supplementary requests and additional direction given to the surveyor as purchase terms were negotiated resulted in cost increases totaling $6,500. FUNDING SOURCE Funding for this agreement is available in account #380-4150-572-63.29, Old School Square Garage. RECOMMENDATION Staff recommends approval of Service Authorization #01-23.1 for Heller-Weaver &Sheremeta, Inc. HEELER-WEAVER AND SHEREMETA, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. (CITY} HEELER-WEAVER AND SHEREMETA, 1NC. TITLE: Ofd School S uare Gara a ar~d Park Site Project - Retai! S ace--Additions! Services Project no. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, Dated November 29.2001, between the City of Delray Beach and Heller-Weaver anti _Sheremeta. Inc. Proiect Description This project consists of modifying previously prepared condominium documents as directed by the City Attorneys of- fice regarding space requirements for Chamber of Commerce and Retail portion. Project consist of preparing Retail Condominium South and Retail Condominium North. Scope of Survey Services: Provide field and office services in order to prepare preliminary condominium documents an S 112" x 14" format con- sisting of survey, plot plan and graphic description of improvements. Documents will include: - Location Sketch with Table of Con#ents ~ ' - Real Property Description -City side of retail space (Chamber of Commerce} - Sketch of Survey and Piot Plan - Reai Property Description -Retail Space - Sketch of Survey and Plat Plan. Units - Horizonte! Boundaries - Vertical Boundaries Easement Areas - Second-floor air conditioning areas Horizontal boundaries with floor grade - Service corridor easement area depicted on horizontal unit drawings -- 5unreyor`s notes - Surveyor's Certification Submittal Materials Deliverables will consist of four {4} sets of preliminary condominium documents in S 112" x 14" format. Old Schoot Square Garage ar~d Park Site Proiiect -Retail Space-Additi_o_ nat Services Project no. Page Two Fee: The above-mentioned services will be provided for a lump sum fee of Six Thousand l=ive Hundred Dollars and no110~ Cam~etion Date Please allow four (4} weeks from Authorization to Proceed for delivery of preliminary condominium documents. This service authorizatian is approved contingent upon the City`s acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. if the City, in its sole discretion, is i~nsatisfed with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability_ The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: C1TY OF DELRAY BEACH Date: CONSULTANT: R AND SHEREMETA, INC. Date: ATTEST Approved as to Legal Sufficiency and form Witness witness STATE OF FLORIDA COUNTY OF PALM BEACH The followin instrument was acknowledged before me this day of ~'~Ya. Zvv;~y John D. Weaver, President of Heller- Weaver and Sheremeta, ]nc., a Florida Corporation, on behalf of the corporation. He is personally known to me and did not take an oath. ~. ~ . Signature of Person Taking Ac wledgement Signature of Acknowledger (Typed, printed or stamped) e nsnaasaaanunaanaaaanauuannureru Iw~~.ISSa a KiNs; ;~~ ExQfres 94CVl2G'!0 " ~~~~ Fb~lda edofa~yAssn., inc e AlNauOrnnaaaaaaNaaaaaaanaaaapnalrn r j PROP. LIELRRY 039706 OL9 SCHOOL SQAURE MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 25, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 SERVICE AUTHORIZATION N0.32.2/DAVID MILLER AND ASSOCIATES, P.A. ITEM BEFORE COMMISSION This item is before the Commission to approve Service Authorization No. 32.2 in the amount of $10,000.00 to David Miller & Associates for Construction Administration services regarding both the Information Technology Building and North Wing City Hall Renovations. BACKGROUND Service Authorization No. 32.2 is for construction administration services regarding the new Information Technology Building and renovations to the North Wing of City Hall, Phases IV and V. Service Authorization No. 32.2 to David Miller and Associates, P.A., in the net amount of $10,000.00 will include the following. monthly progress meetings, submittal review, payment applications, request for information, project start up and closeout. A copy of Service Authorization No. 32.2 is attached for your reference. FUNDING SOURCE Funding in the amount of $5,000.00 each is available from account 334-6112-519-62.85 (General Construction Fund/City Hall Exp-IT Bldg) and 334-6112-519-62.86 (General Construction Fund/City Hall-N Wing Chamber). RECOMMENDATION Staff recommends approval of Service Authorization No. 32.2 to David Miller & Associates, P.A. in the amount of $10,000.00 regarding the IT Building and North Wing City Hall Renovations. C®I~~SULTING SERVICE AUTHURIZA.TIO>\f DATE: CITY PROJECT NO. SERVICE AU'I"HORIZATION NO. 32. FOR CONSULTING SERVICES CI"I'Y P.O. NO. CITY EXPF..NSE CODE ~.~~I~.~I I=?"`1-~3=1' ~.~~ ~.~~~:~ ° ilk ~ ~~~ ~ ~~ LL::~'~-~- ~t~~~-- ~~':t ~M ~~.C TiTI.E: City Mall Expansion and Renovation - IT Faciiityl North wing Construction Admianistration This Service Authorization, when executed, shall be incorporated in and shall. became an integral part of the Contract, dated I"ebruary, 1996 between file City of Delray Beach and David Miller & Associates, P.A. I. PROJECT I~ESCRIPTI®N The Project is an expansion and renovation of the City Hall based upon the ongoing preliminary design services and the conciusioa~s of the Space Needs Analysis Report. The existing facility will be expanded at the Iirst level to the east, a separate structure wi11 be constructed to house the 1VI.I.S. Department to the west, interior renovations will be constructed at the frst and second levels, and the north wing will be renovated. Detailed reviews with. the affected Department heads and the City Cornlx~issian are included in this service authorization. II. SC®PE OF SERVICES The fallowing scope of services is developed in accordance with the Standard Agreement far Architectural Services. Phases h II and III These phases are not included. and have been. provided under a previous service authorization. n r ct Adrni.nistration (V) P aces I an V: B~ rn~ (IV} and Co t a .... .........-- ^T These phases are included. in this Service Authorization for the IT Facility and North. Wing Renovation. Exclusions krona. this Service Authorization Items specifically excluded from this service authorization include Civil Ezagineeriac~g, Landscape Architecture, Irrigation Design, FF&E (Furniture, Fixtures, & Equipment) Selections, Surveying, anal Land Planning. Page 1 Of 4 iII. ~[1~?C~IJT Phases IV -~V: Bidding and Construction Administration. ~ These phases of service will. be provided on ail izourly basis at the rates outlined in Schedule 13 of the Agreement (copy attached) up to Ten Thousand Dollars ($10,000.00) which would not be exceeded without prior written authorization. 1V. C41VI1'LETI®~ ~3ATE Completion of Phases IV - V will be coterrni~~ous with the bidding and construction periods. Page 2 Of 4 This servicc authorization is approved. contingent upon the City's acceptance of and satisfaction with the eornpletion of the services rendered in the previous phase or as encompassed by the previoL~s service authorization. If the City in its sole discretion is unsatisfied. with the services prop°ided in the previous phase or service authorization, the City rr~ay terminate the contract without incurring any further liability. The C01~~~iJI,TANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. A.~,~ravcd by: CITY OI~ DELRAY BEACH: David Miller & Associates, P.A. Date Witness S~'ATE OF FLORIDA COUNTY OIi' PALM BEACH The following instrument was acknowledged before one this ~' ~~ day of „ ; ~?~07 >?y David R. Miller of David Miller 8c Associates, P.A. a Florida Corporation, on behalf of the corporation. He is personally known to one and did not take an o ~~Y f. , - .. - ~.-~ ~i i ° tug ~ ~°Pc~-c~,FF.T }l.~a~<~ ., ,-~:,, _.. ._~~ g ~' Ackn~~ogw; l ` gment e. ~ ~ ~.JF~~UC) I e7' f ~.i. `~.~ ~''tl~~~~! Signature of Acknowledger (typed,printed,or stamped) Page 3 Of 4 Exhibit ~ Professionals Hor rlv Raw Hoe~rl Raw ~aiarv Rates ~alarv Rates Times 3.041!'I~elti tier frchitect Principal $ 52.33 $ 157.OD Project Manager $ 43.h7 $ 131.D0 Architect 1 $ 35.00 $ IOS.€)fl Architect II $ 29.67 $ 89.00 Interior Design $ 26.DD $ 78.00 GADD Operator $ 22.67 $ 68.00 Clerical $ 12,00 $ 3b.OD Engineers -Civil Principal NIA $ 131.00 Prpject Manage~• NIA $ 94.Dfl Project lsngineer NIA $ 68.00 Designer NIA $ 63.00 CAD Drafter NIA $ 57.00 Manual Drailer '4/A $ 47,00 Clerical NIA $ 36.00 Pf,S N7A $ 84.04 Survey Tech NIA $ 73.D0 Eieid Crew (3 manj N/A $ 115.00 Meld Inspector NIA. $ 57.DU F.,ngizteers -Structural. {# ] ) Principal ~ NIA. $ 157.00 Project Manager NIA $ 126,00 Project Engineer NIA $ $4.00 CAD Operator NIA $ 63.00 Engineers -Structural (#2) Principal NIA $ IOS.00 Project Manager NIA $ 94.DD Designer NIA $ 78.00 Drailsn,an N!A $ b3.D0 Engineers -MEP (# I ) Principal NIA $ €57.00 Project )J~~iine~er 1~ilA $ 94.00 CAD Drafting NIA $ 73.00 Clerical N/A $ 47.030 Engineers -1ViE,P (#2) Principal NI11 $ 99.00 Engineer N,./A $ 99.0© Designer ;~rlA $ 52.00 GADD Operators NIA $ 52,00 Clerical NIA $ 2b.00 Landscape Architects Principal N/A $ ].31.00 Senior Ilandscape Architect NIA $ 105.00 Computer & Professional NIA $ 89.00 1?raf}ingf Support Staff NIA $ 63.flf1 Page 4 Of 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineer Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 25, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 LOCAL AGENCY PROGRAM (LAP) AGREEMENT/FDOTBIKE LANES ITEM BEFORE COMMISSION The attached agenda item is to request for Commission approvaUauthorization for Mayor to execute the Local Agency Program (LAP) Agreement with Florida Department of Transportation (FDOT) for the installation of Bike Lanes along Homewood Boulevard between Lowson Boulevard and West Atlantic Avenue. BACKGROUND The City was awarded a Federal Enhancement Grant of $500,000.00 to partially pay for the construction of bike lanes at Homewood Boulevard between Lowson Boulevard and West Atlantic Avenue. The proposed bike lanes will be on both sides of Homewood Boulevard. Atlantic Avenue currently has undesignated bicycle lanes between Homewood Boulevard and the new High School, which is approximately 1,500 feet east of Homewood Boulevard. This project would extend these existing bicycle lanes to allow those students within a two mile radius of the new school a safe means of traveling to and from school. This project is being designed in-house. Attached are a copy of the LAP Agreement and location map. FUNDING SOURCE Federal Enhancement Grant $500,000.00, and City cost is approximately $98,000.00 from account #334-3162-541-68.46. RECOMMENDATION Staff recommendations for approval. ......~.~... L1N3i]N BOULEV~.RE3 ~.___ _.., i , ~f ~LRAY ~E64~H P~o,~c-r ~.©cariar~ MAC °A'~~°-~,-~° ~YIFiDPM~Cl4~ ®~i4RTF~~IT HOk~£WAOD i#..VD. - LQV~SA~ BI..VD, TA Ai1.API11C AVE. "°`r~""'"'°'~°' ~li&OSryFI ~ AVM,. D~,Nl4Y pA.CFI, 6~..4F~A .'S~6+l4 FAI.~ CITY PR©JeCT #2®04-(349 '( D f '~ S P~++I/~~STATIAE~OFFLpO~~R!~IT+I~AsDEPARTMSE~NT®oIf~TAR~AN70SP~g±R®TIA~T€ON811C~9T ~ 52SDi6-40 t..®L~A'A~ ~4GEiY~ S ~~O~3~RI~.IV1 f~RLaA1GE1r1#Glvl 1 PROJECT MANAGEMENT OFFICE 03!07 Page t FPN: 4180039-1-58-01 Fund: SE FLAIR Approp: Federal No: Org Code: 55043010404 FLAIL Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp. Federal Na: Org Code: FLAIR Obj: County No: Contract No: Vendor No: VF596000308007 Data Universal Number System (DUNS} Na: $0-939-71©2 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and hereinafter called the Agency. WITNI=SSI=T H: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the impiemen#atian of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter rota this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: '6.Q0 Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Homewood Blvd Bicvcle,,,,L~n~ ,I,mp,rg~emer~t and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be p-ovided and the understandings as to the manner in which the project will be undertaken and completed. '1.09 Attachments: Exhibi#(s} A+g+1 are attached and made a part hereof. 2.49 General Requirements: The Agency shall complete the project as described in Exhibit "A" with ail practical dispatch, in a sound, economical, and effcient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Apencu Pr~rarrt Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each aid every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining Unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be respansib[e for the remaining Unbilled funds on the project. Na other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA} withdrawal of funds or lass of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP projects. ~, Remove! of All Funds , rat STATE aF FLORI~7A DEPARTMENT pF TRANSPORTATION 525-Q1~-4p LOCAL AGENCY PR®GRA~ AGREEMENT PRaa~cT 1~lIANAGEMENT aFFlc~ Q3I67 Page 2 If all funds are removed from the project, including amounts previnusly billed to the Department and reimbursed to the Agency, and the project is off file state highway system, then the department will have to request repaymen# for the previnusly billed amounts from the Local Agency. fin state funds can be used an off-system prajeats. 2.02 Expiration of Agreement: The Agency agrees to complete the project an or before December 21. 2010. if the Agency does no# complete the project within this time period, this Agreement will expire on the last day of the scheduled cample#ion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in wri#ing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of his Agreement wilt not be reimbursed by the Department. 2.03 Pursuant to i=ederal, State, and Local Laws: In the event that any election, referendum, apprnval, permit, native or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. Z,04 Agency l=ands: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds far completion of the project. 2,05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) tray require. 3,00 Project Cost: 3.0't Total Cost: The total cost of the project is $ 500,000.00. This amount is based upon the schedule of funding in Bxhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as prnvided far in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "t3." This amount includes federal-aid funds which are limited to the ac#ual amount of federal- aid participation. 3.03 Limits on Department Funds: Project oasts eligible far Department participatior will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project casts is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c} Approval of all plans, specifications, contracts nr other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 ,4ppropriatian of l=ands: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding far this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "8" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Aliuiti-Year Commitment: In the event this Agreerr~ent is in excess of $25,000 and has a term for a period of mare than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, ar en#er into any STATE OF FLORIDA ~EP/aRTMENT OF TRANSPOh"TATION 525-01P-4Q L®CAL ,4GENCY PROGRAM AGREEMENT ~Ra,~ecT r~An~a:,~n~~~-o~Fice osro~ Page 3 contract which, by its terms, involves the expenditure afi money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in vialatian of this subsection is null and void, and nn money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior fa entering into any such contract ar other binding commitment of funds, Nothing herein contained shall prevent the making of Contracts for periods exceeding 1 year, but any contract sa made shall be executory only for the value of the services to be rendered or agreed to be paid far 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 $25,D0© and which have a term for a period of more than 1 year." 3.D6 hiatice to-Proceed: Na cost may be incurred under this Agreement until the Agency has received a written Notice- ta-Proceed from the Department. 3.D7 Limits an Federal Participation: Federal-aid funds shat[ not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Gode of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid an account of any cost incurred prior to autharizatinn by the FI~WA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a}}, if Fl-1WA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where Correctable non-compliance with provisions of law ar FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parse! or project costs in part ar in #atal. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.DD Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding far the pro;est. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program C}ffce. No increase a' decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.DD Records: 5.D1 Establishment and Maintenance of Accflunting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and retards shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accaunfing retards and the project records, together with supporting daCUmentS and records of the Agency and all subcontractors perForming work on the project and all other retards of the Agency and subcontractors considered necessary by the Department for a proper audit of casts. If any litigation, claim ar audit is started before the expiration of the 5•year period, the records shall be retained unfit all litigation, claims ar audit findings involving the records have been resolved. 5.D2 Costs Incurred for Project: The Agency shall charge to the project account all eligible casts of the project except casts agreed to be borne by the Agency ar its contractors and subcontractors. Costs in excess of the programmed funding ar attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 6.D3 Documentation of Project Costs: All costs Charged to the project, including any approved services contributed by the. Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts ar vouchers evidencing in proper detail the nature and propriety of the Charges. 5.D4 Audit Reports: Recipients of federal and state funds are to have audits done annually using the fallowing criteria STAT;r OF FLORIDA DEPARTMENT OF Tr~ANSPORTA710N 525-f77b-46 L®CAL AGE90{CY PR®GRAM AGR.EE~ENk~ PROM=cT I~nNr~c~~n~nl~r oP'=~c~ osm~ Page 4 The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular /133 and Section 215.97, Florida Statutes, as revised (see "Audits" below}, monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by DMB Circular A-133, as revised, andlar other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I -Federally Funded: Recipients of federal funds (i.e., state, local government or nan-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the recipient expends $SDD,DDD cr more in federal awards in its fiscal year, the recipient must have a single or program-specific audi# conducted in accordance with the provisions of OMB Circular A 133, as revised. 6chibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by DMB Circular ,4933, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $SDD,DDD in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. Fiawever, if the recipient elects to have an audit conducted in accordance with the provisions of .OMB Circular A-133, as revised, the cost of the audit must be paid from nan-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance {CFDA) title and number, award number and year, and name ofi the awarding federal agency, Part ll -State Funded: Recipients of state funds (i.e., a nan-state entity as defined by Section 215.97(2) (l), Florida Statutes) are to have audits done annually using the following criteria: In the event that the recipient expends a tdtal amount of state financial assistance equal to or in excess of $50D,DDD in any fiscal year of such recipient, the recipient must have a state single or project~specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 1 D.55D (local governmental entities) ar 1 D.BSD {nonprofit and for-profit organizations}, Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nan-state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nan-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part ll, paragraph 1, the recipient steal( ensure that the audit complies with the requirements of Section 295.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97{2) {d), Florida Statutes, and Chapters 1 D.55D {local governmental entities) ar 1 D.65D {nonprofit and for-profit organizations}, Rules of the Auditor General. A ~/++ ASTA7AEO~°P.FLpD~RPpI~D.~A/dEPAR7M/~E+N+g7~gOgqF7~~gRA~ANSPDE2TA7[E1N~A p1T 52610-A6 1..®~.r!"YL AVI~~r i '~~®t7RM1Y1 A~'~E~iA1#~IY 1 FRDJECTMANAGEMENTOFFICE Q3107 Page 5 3. If the recipient expends less than ~"i00,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if ate recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nnn-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities}. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part lili - ®ther Audit Requirements: The recipient shad follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shad be retained until the action is completed ar the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct ar arrange for the conduct of additional audits nr evaluations of state financial assistance or limit the authority of any other state official. Part tV -Report Submission: Copies of financial reporting packages for audits conducted in accordance with OMB Circular A 133, as revised, and required by Part l of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by ar on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): (Insert mailing addresses} of office(s) responsible for program oversight -District LAP Administrator or person designated by District.} b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 {d)(1) and (2), OMB Circular A-133, as revised}, at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10'r Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e} and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), CMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e}(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directs to each of the fallowing: Barbara Handrahan, District LAP Administrator Progam Management Office, 3400 W. Commercial Blvd., Ft. Lauderdale 33309-3421. In addition, pursuant to Section .320 (f), OMl3 Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the fallowing addresses: Barbara Handrahan, District LAP Administrator Progam Management Office, 3400 W. Commercial Blvd., Ft. Lauderdale 33309-3&21. STATE 0~' FLORIDA C3EPARTMENT OF TRANSPORTATION 525-D10-40 LOCAL AGENCY PR~CRAi4f~ A,GREEtVI~NT PROJECT MANAGEMENTCFFIC'c 03107 Page S 3. Copies of the financial reporting package required by Par# 11 of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a} The Department at each of the following addresses}: Barbara Handrahan, District LAP Administrator Pragam Management Office, 340D W. Commercial Blvd., Ft, Lauderdale 333D9-3421, b) The Auditor General's Office at the fiollowing address: Auditor General's Office Room 4D1, Pepper Building 111 West Madison Street Tallahassee, Fiorida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient dir. ectfy to: a) The Department at each of the following address(es): Barbara Handrahan, Distriat LAP Administrator Pragam Management Office, 3400 W. Commercial Blvd., Ft. Lauderdale 333D9-3421. Any reports, Management Letters, or other information required to be submitted to the CCepartment pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 1 D.55D {local governmental entities) or 1 D.650 {nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A 133, as revised, or Chapters 1D.550 {local governmental entities) or 10.Fi5D (nonprofit and for- prafit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspantlence accompanying the financial reporting package. Part V -Record Retention: The recipient shall retain suf#icient retards demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department ar its designee, the state CFO ar Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shad require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency ar any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters ar other material subject to the provisions of Chapter 115, Florida Statutes, and made or received in conjunction with this Agreement {Section 287.D58(1) (c), Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 3D. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department na later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.D58(1}{a), Florida Statutes}. STATE OF FLORIDA DEPARTMENT pF TRANSPpRTAT10N 525-Q10.40 L(3CAL AG~tVCY PR®GRAM AGR~ENI~V ~Ra.IecTMa,NA~EMS=NTa>=FICA fl31a7 Page 7 Al! recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-"'Travel" of the Department's Disbursement O erations Manual, Topic 350-43D-4D0 (section 2$7.D58(1)(b), Flesrida Statutes). lf, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency awing such amount if, upon demand, payment of the amount is not made within 6D days to the Department. Of#setting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment ofi the eligible casts. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.07 Misrepresentation: The Agency shall have made rr~isrepresentatian of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 t_ltigation: There is then pending litigation with respect to the pertormance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval fy Department: The Agency shah have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.D6 or 12.D1. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the Fl-iWA, or the Department acting in lieu of Fl-IWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs. In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, casts which are not provided for in the latest approved schedule a# funding in Fxhibit "g" for the project, costs agreed to be borne by the Agency ar its contractors and subcontractors for not mee#ing the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submit#ed after the 12D-day time period may not be paid. 8.00 Termination or Suspension of Project: 8.09 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at a1y time the interest of the C3epar#ment requires such termination. If the Department determines that the per#ormance of the Agency is not satisfactory, the Department shall have the option of (a} immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at the end of such time. Suspension of this Agreement will not affect the time period far completion of the project. t+ STATEE OP FLpp~Rlb'~A/t]E~jPpA~RTMENT~OgF TRR~ANASPOR©TATIaNp~ 52016-40 L..®CAL AGNC 1 r1f1®GI'1,1"p1p1 P4G11.~1YI~NT PROJECTMANAGEAhENTpFF€CE 03877 Page 8 ff the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination ar specify the stage a# work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated casts. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination ar suspension native under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any ar all of the following: (a) necessary action to terminate ar suspend, as the case may be, project activities and contracts and such other action as may be required ar desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includalale as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cast as approved by the Department or upon the basis a# terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shat! not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: 1=xcept as otherwise authorized in writing by the Department, the Agency shelf no# execute any contract ar obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts ar amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shad be sufficient cause for nonpayment lay the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture ar surveying services, is contingent on the Agency's complying in tali with provisions of Section 287.fl55, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In off asses, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete far and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 11.(10 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution a# this Agreement constitutes a certification that the Agency:. is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by appliaable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, lneligibi[ity and Voluntary Exclusion Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Err~playment Opportunity: fn connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that STATE OF FLORILSA ©EPARTM)"N T OF' TRAN5PORTATloN 525-{31[3-40 LC3CAL AGENCY PR®GFtA1Vf AGREEMENT PRO~ECr nnArsAG~~er~, o;FFteE 03!07 Page 8 employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other farms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts far standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous pieces available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title V(-Civil Rights Act of 19fi4: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title ill of the Civil Rights Act of 1984, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1590 (ADAj: The Agency will comply with elf fihe requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuan# thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed an the convicted vendor list following a conviction for a public entity crime may net submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid nn a contract with a public entity for the construction or repair of a public building ar public work; may not submit bids an leases of real property to a public entity; may not be awarded or pertorm work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 2$7.017, Florida Statutes, for CATI4GORY TWO for a period of 36 months from the date of being placed on the convicted vendor list, 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor t.ist, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services tQ a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity, 12.06 Suspenslan, Revocation, E?enial of Qualification or Determination of Contractor Nan-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been defiermined by the Department to be anon-responsible contractor may net submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests Neither the Agency nor any of its contractors or their subcontractors shelf enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. if any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project ar any property included or planned to be included in any project, and shall require its contractors #o insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency ar of the locality during his tenure or far 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The previsions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement far utility services the rates for which are fixed or controlled by a governmental agency. E ~p+ pp5TATgqMO~rrF FLppO1R~pI~©~AIDEPARTME~+NT~OgF TpR~ANgSPp~O+R~yTATIONpg ®~g 525.030.40 0...®LSI'4~11V~1~~1 ~R~VII~P'1i71H~3fS~E~Yl~O~1 PStOJEG7MANAGEPfrENTOFFICE 03107 Page 10 12.08 Interest of lVlembers of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 lViiscellaneous Provisions: 13,01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13,02 Depart-atent IVat Obligated to Third Parties: The Department shall not be obligated nr liable hereunder to any individual ar entity oat a party to this Agreement. 13.03 When Rights and Remedies Not Vlfaived: in na event shall the making by the Department of any payment to the Agency constitute ar be construed as a waiver by the Department of any breach of covenant or any default which may then exist nn the part of the Agency and the making of such payment by the Department, while any sunk breach ar default shall exist, shall in nn way impair or prejudice any right or remedy available to the Department with respect to such breach nr default. 13.04 How Agreement Is Affected by Provisions Being Field Invalid: if any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Janus or Commission: fay execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus nr nnmmissinn far the purpose of obtaining an approval of its application for the financing hereunder. 13.Ofi State t_aw: 1`lothing in the Agreement shall require the Agency to observe or enforce compliance with any provisian or perform any act or do any other thing in contravention of any applicable state law. if any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possiisle with the prajecf. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. 13.09 Right-of Way Certification: Upon completion of right-of-way activities nn the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required. '13.10 Agency Certification. The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All wards used herein in the singular form shall extend to and include the plural. Alf words used in the plural farm shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.92 Execution of Agreement» This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitu#e one in the same instrument. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-07p-4p LOCAL AGENCY PROGR~I~I AGREEI§EfVT PROJECT MANAGEMENTaFPICE paro~ Page 11 13.13 Restrictions an Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or nn behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer nr employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-apprapriatad funds have keen paid by the Agency to any person far influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connec#ion with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements} and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended far lobbying the Legislature, the judicial branch or a state agency. 13.14 Mai»tenance: The Agency agrees to maintain any project not on the State Highway System consfiructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ®will ^ will not maintain the improvements made for their useful life. 13,15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies ofihenuise, The Department has 2D days to deliver a request far payment {voucher} to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goads nr services are received, inspected, and approved. If a payment is not available within 4D days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor ©mbudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment{s) from the Department. The Vendor Ombudsman may be contacted at 850-410-9724 ar by calling the State Comptroller's Hotline, 1- 8DD-848-3792. ::; ~>. STATE DF FLORIDA DEPARTMENT OF TRAFISPDRTATfpN L{)CAL AGENCY PR®GRAIU! AGREENl~E~IT' 525-Q10-4~ PRDJECT MANAGEMENT OFFICE osro~ Page 12 IN WITNESS WHERE©F, the parties have caused these presents to be executed the day and year first above written. AGENCY City of Delray Beach STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION E3y: By: Name: Rita Ellis Name: Title: Mayor Title: Attest: Title: Clerk As to form: Attorney Attest: Title: As to form: District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. a r ,7: ~. 99 yp~w HqSTIIAT1/E0~6p-F+~ FCL~OfRIDA DEPAE3TME~N+T p/F~ T~~RppAN1yS4~P~~p++RTATIOCNpp~~ pp~~T 52rrQ16-46 L®<sHL.~ KVE~CY RROGR6'AIiPI Y'9tSR~~~YfEAV 1 f ROJECT fiAANAGEMENT OFFICE 08166 Page EXH1~6T aa~~e PROJECT A~SCRIPTI®N AhID Rt=SP®N5it31Lt1'IE5 FPN: 418039-1-58-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Cit of Delra Be ch Dated February 29, 2008 PROJECT LOCATION: The project is X is not on the National Highway System. The project is X is not an the State Highway Sys#em. t' - -K PROJECT DESCRIPTION: Cgnstruct Bicycle Lanes on Homewood Blvd from Lowson Blvd to W. Atlantic Ave.{SR 806} SPECIAL CONSIDERATlDNS SY AGENCY: The audit repart(s} required in the Agreement shaft include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN}, the Federal Authorization Number (FAN), where applicable, the amount of state funding action {receipt and ctsbursement of funds), any federal ar local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of--way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) NIA Study to be completed by N1A b) Design to be completed by 1 March 08 c) Right-of-Way requirements identified and provided to the Department by95 Feb ©8 d) Right-of--Way tq be certified by e) Construction contract to be let by 1 Ju1~09 fj Construction to be completed by 12-31-2010 . if this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: This project is for eanstruc#ian only in the year 21)D7120C18 in the amount of $5t)OA00.00. Upon Execution of the agreement by all parties the Department will provide ONE EXECUTED ORIGINAL AGREEMENT with "NOTICE TO PROCEED" to the Agency. The Agency should not start construction until all Federal Highway Administration and Department requirements are met and the Agency has received and EXECUTED AGREEMENT with "NOTICE TO PROCEED". The Ageney wi11 only be reimbursed for costs incurred after the executed agreement date and prior to the agreement expiration date- Any unused funds will be deleted by the Department upon completion, acceptance, and final invoicing by the Agnecy. ~ e t STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-090-30 FEDERAL-AI[3 l~R®JEC7 FUNDING REC~U~57 I=Ra~MCT,~ESEA~cIaaD~vaFc os~os DATE: 7124!2 n08 AGENCY: City of Delray Beach FEDERAL-AlD PR0,IECT NUMBER: ( ] FIN NUMBER: 418039-1-5 STATE JOB NUMBER: TIP PAGE NO.; PROJECT TITLE: Homewood Blvd Bicycle Lanes from Lowson Blvd To W. Atkantic Ave PROJECT TERMINf FROM: TO: WORK PHASE: ^ PLANNING ^ ENVIRONMENT ^ DESIGN ® CONSTRUCTION ^ RIGHT OF WAY AWARD TYPE, ^ LOCAL ^ LOCAL FORCES ENVIRONMENTAL bOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent reevaluation date. EIS approved on ,and reevaluated on EAIFONSI approved on ,and reevaluated on Categorical Exclusion: Programmatic Categorical Exclusion determination on Type I Categorical Exclusion determination on 31111995 Type II Categorical Exclusion approved on 12/27/4987 Categorical Exciusion Reevaluation on TOTAL LOCAL AGENCY STATE FEDERAL. FUND PERCENT OBLIGATION DATE PHASE ESTIIIfIATED C05 FUNDS FUNDING (Nearest dollar) FEDERAL Month 1 Year (Nearest bollar) (Nearest bollar] (Nearest Dollar] FUNDS PLANNING $0.0(1 $OAO $0.00 $0.00 fl.00 PD&E $O.aa $a.0a $a.a0 $O.aa a.aa DESIGN $o.oo $o.no $n.on $n.on o.oo RIW $a.aa ~o.aa ~a.aa $a.aa a.aa GONST. $500000.00 $o.oo $0.00 $~aoooaoo 100.00 TOTAL $sooooo.oo $a.ao $a.oo $50oooo.ao 100.00 DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: 24' Number of Lanes: 2 Bridge Number(s) on Project: tESCRIPTION OF PROPOSED WORK ^ New Construction ^ 3-R ® ENHANCEMENT © CONGESTION MITIGATION Roadway Width: 34' Number of lanes: 2 bridge Numbers} an Project: LOCAL AGENCY CONTACT PERSON: Randal Krejcarek TITLE: Delray Beach City Engineer MAILING ADDRESS: 434 S. Swinton Ave. PHONE: (561 } 243-7322 CITY: Delray Beach ZIP CODE: 33444 LOCATION AND DESIGN APPROVAL BY: pprov€ng Aut onfy TITLE: DATE: 525-09{J-36 PROJ MGT, RESEARCH & REV OFC 06!05 AGENCY: Delray Beh PROJECT TITLE: Hc~rnewood Blvd Bicycle Lanes DATE: ENVIRONMENTAL COMMITMENTS ANd CONSIdERATIONS: N/A RIGHT OF WAY ANd RELOCATION: NIA THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE B017Y OF THE ADMINISTRATION AGENCY OR AGENCIES, OR [TS DESIGNEE, AND IS NOT INCONSISTENT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMEJNITY dEVELOPMENT. AGENCY: DATE: BY: (A9ayorlChairman) -° "1 a ~ ~ j ~ ®_ d~. ~+ ppS9TATAE PDt+_F. FL~~D6#RIDA DE1~PA®®RTMppE~+NT®~OqqF TpgRA~ANASPr~O?RTATlCCO9N~~pp ~~gy~Yq^ 525-p1p-4p ®4'P9R. ~63~Itl~Y ~R®L7f1\P'1LH1 A<3~~GiYt~iY 1 PR03ECTMANAGEMENTDFFICE paros Page ~~0 r7~ L3l 1 6i i997 .. °"'~ GS SCFiEDt1LE Of= FUNDii~lG ~' ~ ~* :~ ~;. 'AGENCY NAME & BILLfNG AC7€3RESS FPN; City of f]elray Beach 418039-1-5801 434 S Swinton Ave., FL 33444 PROJECT DE5CRIPTION Name: Homewood Blvd Bicycle„~ anes,,,,,,,,,,,,,,,,,,,,,,_ Length: 0-85 miles Termini: Lawson Blvd tD W AtlanticAve SR 806 FUNfa1NC7 TYPI= Ol" wORK By Fisaal Year TOTAL PRO.tECT FUNDS AGENCY FUNDS STATE & FEi~ERAL FUNDS Planning 2gg6-2007 2807-2Dg8 2008-2009 Total Planning Cost Project Development & Environment [PDBE} 20D6-2nD7 2oo7-zoos 2nns-zaps Total PD&EGost Design 2006-2007 2007-2008 2008-2009 Tatal besign Cost Right-of--way 2DD6-2n07 2DD7-2Dn8 - _ - 2008-2009 Total Right-of-Way Cost Construction 2n06-2007 zaa7-loos 5D0 ogo.oo 0 500.ooo.oD 2oD8-2009 2gD9-2D10 Total Construction Cast 500,000.00 0 Snn,Dgq.DO Construction Engineering and Inspection [CEI} 20{36-2007 2007 20n8 - 2ng8 24n9 - Total GEl Cast Iota( Construction and CEI Costs 0 D 0 TOTAIe COST C3F THE PROJECT 5D0,000.00 q 500,Onn.nq The C7epartment's fiscal year begins on July 1. For this project, funds are not projected to be available until afiter the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. .. a, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIONp~ ~tl 52S[390-40 ~~'~~ ~~°~~~`lI ~~®~'~~ A~R~~IYi~itlT Pf2gJECTMANAGEMENTOFFICE OS10fi - Page EX~~~~T u.) as 59NGLE AUIaIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 2D.2D5 Highway Planning and Construction Amount: $ $500,OOO.OD Compliance Requirement: Allowable Acti~rities To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety ac#ivities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved an the basis a€ s#ate and local priorities within the limit of the funds apportioned or allocated to each state. A9lowable Costs; Eligible activl#ies and allowable casts `hill be determined in accordance with Title 23 anti Title 49 C.F.R. and the OMB cast principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by nr through State Departments of Transportation (State nOTs). Projects to be funded under the federal-aid highway pr~igrarrs are generally selected by state lpOTs ar Me#rapali#an Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a state qOT. Mast Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projec#s in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BlA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects an behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP} funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. F ~ ~ ~, ... ,~ MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: March 19, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 RESOLUTION 12-08 ITEM BEFORE COMMISSION Resolution No. 12-08 -Providing for the creation of an Affordable Housing Advisory Committee to recommend incentives for affordable housing. BACKGROUND The attached resolution establishes an Affordable Housing Committee as required by House Bill 1375, which requires that we adopt a resolution or ordinance by June 30, 2008 as a condition of continuing to receive SHIP funds. RECOMMENDATION We recommend that the City Commission adopt the attached resolution. RESOLUTION NO. 12-08 A RESOLUTION OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CREATION OF AN AFFORDABLE HOUSING ADVISORY COMNi<TTEE TO RECOM1ViEND INCENTIVES FOR AFFORDABLE HOUSING; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature recently passed House Sill 1375 requiring cities and counties receiving SHIP funds to appoint an Affordable Housing Advisory Committee to recommend monetary and non monetary incentives for affordable housing; and WHEREAS, the City of Delray Beach does receive SHIP funds; and WHEREAS, the City Commission of the City of Delray Beach desires for the City to continue receiving SHIP funds and desires to comply with the requirements of House Sill 1375. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CONIlVIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That an Affordable Housing Advisory Committee shall be created to recommend incentives for affordable housing and shall be established as set forth below Section 2. That the purpose of this committee is to recommend monetary and/or non monetary incentives for affordable housing Section 3. The Affordable Housing Advisory Committee shall consist of eleven (11) members that meet the following criteria: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing (d) One citizen who is actively engaged as an advocate for lowincome persons in connection with affordable housing. (e) One citizen who is actively engaged as afor-profit provider of affordable housing. (f) One citizen who is actively engaged as anot-for-profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to s. 163.3174. (i) One citizen who resides within the jurisdiction of the local governing body malting the appointments. (j) One citizen who represents employers within the jurisdiction (lc) One citizen who represents essential services personnel, as defined in the local housing assistance plan. Section 4. That the Affordable Housing Advisory Committee shall hold at least two (2) regularly scheduled meetings each year. Section 5. That six (6) members of the committee shall constitute a quorum. Section 6. That the approval by the advisory committee of its local housing incentive strategies recommendations and its review of local governmealt implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt final local housing incentive strategies recommendations must be published in a newspaper of general paid circulation in the county. The notice must contain a short and concise summary of the local housing incentives strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the tentative advisory committee recommendations can be obtained by interested persons. Section 7. That the committee shall provide mentoring services to affordable housing partners including developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties. Section 8. That the committee shall create best practices for the development of affordable housing in the community. Section 9. That the committee shall submit a report to the City every three (3) years evaluating the implementation of affordable housing incentives in the following areas: 2 RES. N0.12-08 (a) The processing approvals of development orders or permits, as defined in s. 163.31640 and (8), for affordable housing projects is expedited to a greater degree than other projects. (b) The modification of impact-fee requirements, including reduction or waiver of fees and alternatives methods of fee payment for affordable housing (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very-low income persons, low income persons, and moderate-income persons. (e) The allowance of affordable accessory residential units in residential zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h) The modification of street requirements for affordable housing (i) The establishment of a process by which a local govemmealt considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing (lc) The support of development near transportation hubs and major employment centers and mixed use developments. PASSED AND ADOPTED in regular session on this the day of , 2008. MAYOR Attest: City Clerk 3 RES. N0.12-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Division Chief THROUGH: David James, Fire Chief David T. Harden, City Manager DATE: March 26, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 FIRE ACT GRANT APPLICATION FOR FY 2008/2009 ITEM BEFORE COMMISSION Approval to apply for the 2008-2009 FEMA Fire Act Grant in the amount of $203,000. BACKGROUND Delray Beach Fire-Rescue Department is requesting approval from the City Commission to apply for the 2008-2009 FEMA Fire Act Grant in the amount of $203,000. This grant has a Federal Rate Sharing percentage of 80/20, meaning the Federal Government would provide $162,400 and the City would be responsible for the remaining $40,600. This grant is being requested for the purchase of five (5) exhaust removal systems for five (5) of the Fire Stations. Please note that this exhaust removal system was already approved in the specifications for the New Fire Station #4. The application deadline is Friday, Apri14, 2008. FUNDING SOURCE Funding for the $40,600 is requested from the 2008-2009 Capital budget in account #115-2311-522- 64.90 (Special Projects Fund/Machinery Equipment/Other Mach/Equipment). RECOMMENDATION Delray Beach Fire-Rescue staff recommends City Commission approve the request to apply for the 2008-2009 FEMA Fire Act Grant in the amount of $203,000. Narrative Statement Page 1 of 2 Narrative Statement Project Description "Please indicate which of these Target Capabilities your request outlined in this application will satisfy. Check all that apply: Responder Safety and Health Please provide your narrative statement in the space provided below, Include in your narrative, details regarding (1 }your project's description and budget, (2} your organization's financial need, (3) the benefit to be derived from the cost of your project, and (4) how the activities requested in your application will help your organization's daily operations and how this grant will protect life and property. In the southeast corner n# Palm Beach County on the Atlantic seashore, a village by the sea that began as an agricultural community in 1895 has become one of Florida`s most popular destinations for visitors, new families and seasonal residents. The City of Delray Beach encompasses slightly over 16 square miles with a permanent population of nearly 65,000 and growing. Over the past decade, renewal and re-development efforts in Delray Beach have resulted in recognition as the All-America City in 1993 and 2001, the Blue Wave designation for our clean and beautiful beaches and bailed by city planners around the nation as a model for growth management. All these accolades can be attributed to the significant involvement of the residents of Delray Beach. Every citizen of this City can claim authorship to an unparalleled quality of life in a very diverse community that works in concert for an even better future. Included in the community is the Delray Beach Fire-Rescue Department, a dedicated group of 145 that provides fire, Technical Rescue, Hazmat Tech, and Emergency Medical Services with transport to the community from 6 stations. In 2007 we responded to over 11,500 calls for service. Needs Assessment After being hit by numerous hurricanes in a short period of time it was found that our Station 4 had taken too much damage to be repaired as it stood. The leaking roof had caused meld issues in addition to all of the other structural damage. After reviewing the conditions of the other stations we found that we had mold issues in the other stations as well and subsequently spent over $65,D00 for mold remediatinn. We also found during these inspections that our stations were covered with soot from the diesel exhaust. HVAC registers were coated in this soot also, as well as virtually everything in the stations. It did oat take long for this condition to reappear even after the remediation cleaned the mold and a lot of the soot away. With an average of 8 vehicle starts per station per day between runs and checkouts it does not kake long to throw a lot of exhaust fumes into the air at our stations. Project Description and Budget In keeping with our Citywide desire to maintain a high quality of life for everyone we need to change the air quality in all of our stations In order to protect our personnel and any visitors to the stations. Our proposal is to install systems in our 5 permanent stations (Station 4 is being rebuilt): Station 1 - $7D,000 Station 2 - $35,000 Station 3 - $30,000 Station 5 - $38,000 Station 6 - $30,000 This gives us a total project budget of $203,000 for which we are requesting federal funding in the amount of $162,40D. The completion of this project will bring us into compliance with NFPA, OSHA, NIOSH, and EPA regulations on air quality in the workplace. Local Financial Issues We have included this system in the building specifications for the new Station 4 that is under construction, sn we believe in the mission of this project. But with those casts, as well as numerous other shortfalls in the city budget due to a depressed housing market that is affecting city revenues, most of our budget is committed to salaries and benefits to the tune over 84%, and the remainder of the funding we get ends up in personal l~ttps:/Iportal.~ema.govlfiregrazztlj splfil°e20081applicationlnarrative, jsp?view-~prir~t&Print-t... 312b12O4S ~~arrative State~r~er~t f'agc 2 of 2 protective equipment, utilities, training, EMS Supplies, and repairlmaintenance costs. We pride ourselves in being able to take care of the (rant-line protection of our personnel and the community an incident scenes, and despite the huge benefits of this system we just can't take an funding the other 5 stations on our own. If Station 4 had not been demolished then we would most likely not be installing this system into the new station. All of our local options for taking on this project have been exhausted. The city is stretched between the station project and other casts related to the hurricanes of years past, and the residents are tapped out also. Raising taxes is just not an option. Our only chance at bringing this needed project to our stations is through this application. Project Cost-BenefitlOperational Improvement Safety standards have clearly identified that vehicle exhaust emissions (mainly whole diesel exhaust, PM10) is a cancer causing substance. The expert Agencies documenting the hazards of diesel exhaust include The National Institute of Occupational Safety & Health (NIOSH}, The American Conference of General Industrial Hygienists (ACGIH), The 11.S. Department of Health {l1SDOH), The ©ccupational Safety and Health Administration {OSHA). The above listed agencies were involved in the implementation of the NFPA 1500 - 2002 Edition Standard 9.1.6 on facility safety regarding exhaust emissions. The Occupational Safety and Health Administration (OSHA) Agency state: "Workers exposed to diesel exhaust face the risk of adverse health effects ranging from headaches to nausea to cancer and respiratory disease." Occupational asthma or cancer related illness claims for workmen`s compensation and medical insurance claims can clearly be tracked and attributed to exposure to vehicle exhaust emissions. No one can put a real price on the quality of life, but for us it is these systems to help avoid putting someone through years of health problems in their later years. These systems will capture virtually 1013°/0 of the diesel exhaust, smoke soot, fumes, particulates and vapors. Independent testing agencies have shown that these units will meet or exceed compliance with these NI=PA, NIOSH, OSHA, and EPA standards far air quality. It wi11 also eliminate the off gassing of chemicals, hot engine fumes, and the toxins imbedded in the turn out gear and other equipment in the station. This system will have electronic eyes that will activate the system when the garage doors are opened so it will automatically work no matter what vehicles are pulled in and out of the building so the protection these systems will provide will work 2417. These units are a totally hands free operation so that there is na need for someone to wait behind the apparatus to make sure that a hose really did detach from the tailpipe ar get caught on the truck an the way out, It also eliminates the need far someone to stand near the backing truck and attach a hose while a truck is moving, which puts them directly in the line of the exhaust pipe. Even with the truck stopped the fumes are being blown into the station and since the hose system does not start until it senses pressure the raw exhaust will still move into our station and stay. The new systems would activate as soon as the truck broke the plane of the door so that all exhaust is captured for the entire time the truck is moving. These systems also have timers that can be set to run at predetermined times of the day. Since they are also air cleaners and not just compliant exhaust solutions, they can be used to help alleviate dust, allergens, and other impurities. They can also be manually turned on at any time so that if there is a spin of a solvent, cleaning supplies or whatever reason anyone wants the systems will work to clean the air. The whole goal in this project is to improve the environment we work in. New diesel emissions standards will result in 'cleaner' exhaust but it is still not a perfect system. Plus it will be years before we change our fleet over to the point of having no pre-2007 emissions standards trucks. Our need is now, and there is no time like the present to improve the quality of life, and with this project completed we will realize the improvements every time a motor cranks. Thank you for your time and consideration of our application "Please describe ail grants that you have received from DHS including any AFG grants received from [7HS or FEMA, for example, 2002 AFG grant for vehicle or 2003 ODP grant for exercises. (Enter "NIA" if Not Applicable} 2005 AFG grant for equipment 2002 AFG grant for equipment k~ttpsalportal.fezna.govlfire~i°ant/jspliire20081a~piicatic~i~Ir~arrative_isp?view=print&prim=t... ~I2bI2~Q$ filar 1 3 ^8 []5 : 38p Fi i r ~ecllno 1 og~ ~Cl~ ~"~ 1 744? p . 2 ~llote# 4G~7 . 337 I~i~Fc Street * Burlili~ton, N.1 OSU16 * Tel Sfl0-7~3-3323 * G09-232-0700 * .Fax: Gfl9-232-0712 ~lie€tf De3t~a~~ Heacl~ 1~ire Rescue I{L. N~alne Jniuf Tnmas~~ewslci Address 5t)1 W Ati~~t~tic Ave Address Statitan 1 City/state Bxtendect Station # 2 Defray Beach FL 567,646.96 Station ~ 3 ©elray Beach ~L $34.7bB.48 Station # 6 Delray Beach 1=1. $27,426.11 Sfatiatt # ti Qelray Beach FL $35,2fls.48 r3efray Beach ~~. $26,489.11 Tats~~~ :;' ~#31,477.14 -'iIS~II~'; ~R%~t'gY'itt l~itJj~t 3~i~t33~135 ',< ~t r3 iS~PtilllS ~:.. ~ ~.'~ ..._ ~`~~fE~f~lj~ ~ x tllt,ll~_ 55,9SE2 6~ $4 7 t 7 't8 ~ $3,948 5~ ~,` ._ L_ , ---- ....-r....._... ~i _............._i 1'ernas: l,% IEi days het 3O.days. Frcigltt: FpB llestutatiurt stud atJl ftcigitf charges gnoteiE are estauttated vtdy and ntay 6e adjusted at flte tat:te of fhe under. ~'grtipntetrt: DcItvery as cvntpletcd utdess otltcnvise speellied. Itts#allatian; II'ittrlttded mast be scJtedule #o meet negttired dendlittns, Elacfrical; If etteluded frctn~ source to equtputeut. l?quiptuent supplied will be 220V. R'arratttee; Z years parts and labor excluding filters. Perfortttaatce: All guarantees ~varrattfies, explicit bnplied, will be null and void id tton-specific tnanttfacturer approved replaeetrteatt catttpanents arc used. Quote: _~nv deviatiatt ar alterafiott t'ralu the above specificatiotts irtr'olvittg extra cost rvilI he executed upon written orders only and Wray ifecvitte a-t cx#ra charge over the can.traeted peice.. 0"Jte tune for contplefian of aII agreetttettts is cvttthtgettt upon strikes, accidents, fires, uvallaLilfiy aF n~utc:riaf~ and afl other causes l~eg'ut~d our co7ttrvi. Itetttrtts: Accepted attlg' wlth prior written approval, prepaid freigJtt atxd sultjecf to a IS% restvcidttg fee. 5lttppittg claitns tttttst Jte noted ore Elie siuppittg tnuttifest. Cottditivtts: Arty cottdifious mot stated ltereitt ar tern~svxeatFSistcnf wlPA. will not be bittdutg ore the seller. 'I'bis gxtvtattian is prvduce~T ottJg' for the clienf tn.etttianed above. f'tires quoted cart trot be transferred to attodter cliettf attd is valid far I year frattt Elie above quvtstfiatt date Teasing Ittfarwation: '1'Ite ab<>ve L,euse payttteuts arc estitttates only and do not include applicable tuxes. Leases Supplied have a 51.0(1 pttrc Rase uptivtt at the end of tJte terEEt. Outer vptivtts are arrailable uprxn request. Lease tcrtns are sa.3rject fo credit approval attd a tttittitttunt of t-~'v years itt bttsistess. Yag~tt:eats are. subject to cltEtttee. Lease ftgttt~es are subject f© cttrrettttnterest rate and valid for I5 days. 6©9 X371 "7442 Quotation ~~~~izo~~ 4:a~:z2 ~luz C~uote# 4647 337 High Street * Burlington, NJ 118016 * Te! 8aQ-743-3323 * &t~9-232-07U4 ~ Fax: 6©9-232,0712 Ad{i're'i t,: - w4~ZR~717`r) C'tient Delray Beacl> fire Rescue FL Client Stafton 1 Nance Jnlu> 'Tnmaszew~ki Name Address 5(]1 W .4t1at;ltic Ave Address X01 ~. Atlantic Street Address Address ~'ity S1' Delz~ay Beach FL 33444- City ST Defray Beach 1~L 33444 Bii6ne; Cell: Fa!~: i~tti~a~"l~fili: Untts _ Product Description Unit Cost Extended B AirMATtgiV Standard Unit 1 ActivatEon System (t3- 1S AirAtIAT1gNs) 56,342.37 $50,73$.96 2 AMEE-002 Electric Eye $3.650.00 $3,&50.00 10 AIVIBT-002 Door Bracket $359.00 $716.00 529,00 5296.00 I~Tata}= ____ $55,396.96 lnsta€lat%pp: $9,85UA0 i~ttetg}rt; ''_ $2,400.06 ~ ~GCation.T4t~l- Sfi7,fi4fi.9fi ri~,:~nturt]l:ftcr)n i-~o h2n,a~1{~ "ab.~onrlr5 ~ ~t111,§,i~1iS ~3~'4' ~!1~'tlte7lt+.' i i ," i _ l .I ~.] ~ ~.Y- ~ .: Ct ti ~~ ...`r ' I l *na 1 c rid t .rr.,s accept d Ca•~i< h Ft]i; i7 sttnatrin an,_ § ~"°"°~""~""_ffi- ,~i ~ t ~ st in r , ~ of it ~ p 'ell 1 ru t ,Nz, c_ ~ue.ed 2n , tin7at d c n:~ n., I§i ~'~ bu , dt,: 4 SIP ne .t ilcl;y t r L~ cr•ft7~ te:3 uii[t.~ orEu~rti~ tie,pttiit ed to tal ,,hctt' li`tn, ltldrll': w t'~r se ,~u.c, ;Fr , ~at i~clr,~rrc: .~t+., 11 7 I.~i Cam.' t, ttut 3 s fly ;>~u ~C l.,. f(1 n7't1# C ul 7t7P1, 5U 13~[i l'tll G.: ~"'(1~ ,,`:. - 'cct ,rr ni~z 11t r_Ltaraul ~ 9 A PC ' srranty 1 Saar 'wat'.s,t, ~ ia'toi ~h ]u~t;t h t ;s 4ti '.ar,,lnYl ~. Ca#, ,,~ in t7'icd. '.l'l li 7L' [, rl l!. ^.h~ tuail llU .l}ei. Tti,r rn d;lLLidktU.,.; -.;, ~l ut cdt'z 1«%C[.'S-nti_,,m r. alluc , 1 i '~ tar un ~~ ni rtt. ~ t r m ~: r I 1 ~ p 7~ ]ts ~rc it,?d (3 :.3 ~~'r[~c, ~, J r 4,~1•:.~lte tE,:~ltirla5 lrl tru.., H. 'eft tf:.'::, ,7yt~ 11_he e(r; gterl rlpon i~{ntt , ,~t [i,i T~ or,} fir J r { tC~Or' ; ntt ~~~:a „ l :.1~ ~. 1.,. n~ t t; tCr?llrtt,le~?~ O,al] BCJe~tnenl' .~ t'c,nttLt 2nt ;l~tn1, 1ri;:ea, 3t~id~ltt~ Ilr,.~. a~ IAIJ1t :~, f ft u;,'fi.IS ::tti: tai. nU ~~~. LIhL t, _ - '~l -,fl lu l ?rlll~ # ]~l'f tl: ti -~y„~;1 N~1 ,11~1~~ 11, :. '(jt76C tSTYl CCl1 ,7E]7C:nV~31. Pl~~ta.(1 tttil~.1111 .. SLI3 CLI tJ-1 ~ ~ '[.SL ~.. t:117'tC:. ~f{I `~ 1 , <r~,teu ~,7 ttt? tihtp the num ctti^ f ~,n~t c~n A ~ ~t ~ Pl.,n~ 'tltnti to ;:' he n r' cpn r,tany rin atateu 7u7etn ,,~ to fns t s sicnt s uh tlnc P'G lt?t nut }- I}nuj;h, tlr m. ;>, ilu T7-i,5 pLLQ lYl ~., IS }' t ilJ~~[#. Otll~ 1qt lli~ ra4nt fl]f: l`lun~[1. Jihu4 i' Yn~2 ,~ ta~ld uP;t,,t.1 ~ lral~~411tt1 rS~f~~. T[1CI C1fCItC Qtl+l IS~".'i:.l(# tu: I'-4 ~:1r.t7uG1 Iilc 'ttj i, /:_ I~u,~ ~itr n dtt Le rrl~ f f ~ mar nl, I hc:hu as ~ sTt.~nt r' is iLOattS.iriil ..o uut ia:l .le ,].ail tnhlr t[c~es I c.: es ti .Pi. ~l`;:'n~l, a }:; ll; wrcu~sr c)t~L'. t -,t Jid ~ 1 , t r ,_ fU to t ~r r n,1 r~i, t, .r~ ati[ UI~ ul~5it qucc:. f c.t.•r trig+"~.~ 81: SI1h~, ;i ~) Ctc;ntt a-~rriY . a~na fntnlmlriri t.1 y,:~.~ y ,II ~ U:; ;'°~,g ha~•t]..r, arm tl. s..hl ~ u.l'.;~nUr _~+se'tt=ntPS' r, yu~)f~,t, ~ocurrctrt ^tere~t,r,lr3tinc ~tili:ti:~ E: ,ra°;s € '~ } .w« ~ .~.. r_~~. ,~~1331'11vR~ tiet't~;1FTt ,..`"'~..~. _ ~ti.~,.-..~,~.~r .... _ ~:~e~tt~it~t~~~>'-~`~1~it~ti~n~;'~nt . C#ient 3ignatuce W Tiilc hate tieeouttt game Title I?ate p.3 sns e~~ ~~~~ ~.~ Quotation 3/13/20x8 4:06:22 l'M Qtrote# 464" 337 High street * l3urlirsgtnn, NJ 084],6 * Tel 8pp-743-3323 * 609-23.2-p7pfl * ii'ax: 6fl4-232-€1712 ~R>QQi:'ttJ:ItijJ ~rJ;, Client Delray Beach lire Rescue FL Client Statian # 2 l~ata~e Jatui Ton~asze~x~ski Name Aaldress Sdt W Atlantic Ave Address 3S Artdtews Ave. Adtl Tess Address City ST Delray Beach FL. 33444- City> ST Delray Be.aclt FL 33487 I~hane: Cell: ~'ax: $.1ii?iL1If; f~nits Product Description Unix Cost Exkenoled 4 RirMA~'ION Standard UniE Activation 8ystetn (4- a AirMATlONsy ANtEE-002 Eiecfric Eye AMBT-002 Door Bracket ~5-~[]r'Fi1k311fH#S~_;f ~f~~rtllts ~ il~~ ,4ai[tits ~n11;$N~iitrhw~-- x~it1'TTte31t; ~:I.i'i, Z_ li - :.4 , . --- ,1.,.._...m.__ ti,. , , - $6,342.37 325,369,48 52,435.00 32,436,00 3359.00 $718.00 $28.00 $'€16.00 ESu~-T4ta1: ~ - $28,638.48 Inst~lfa,rott; $4,470.00 Fi'~f9ht. $1,600.00 Lt1C~"t~€r17 Total: ~ 334,708,48 _ ~°r1 1 r ~irj ~tiTle' , i,t~_:s'. 41t rt„tir~r~c C~ar~~ ~i.~r~ll Itei<, t°( ~ cm.wL~a~rm,usm~. n[i )t3 lit tipa 7,i an'1 ~Il !}~t~1, a u~ffi...-:2 'dust '' r r 4r ht cif' ilru w ,9ci ; Ly, t( rnCrt'. G~. v° } q5 co7ia tee; lri`l SS .J }'e r -, ~'i, .: t cha has a ,ctc arc e~iuti.~ ur1 ur ~l ~ t [ J ~r be t ::,11n7 s Lit r.,, _. 31 st nl 1 tcta1la n' 1f u~lt:de~ nuts be sch~uu j Cu nn .± r..yu-t; ,; ]i itJ~ t[jrd J tr, t ~ortr~t: t. eilinn urnt: La ;rr,t?J~ nu}tniec' *r,ll i,r?''~,~ st,';:na ii "-~ t. r :1t~ n.l fa?,p ~ ,.dt';~ JJ ~~; °# C'' r7tl '~ ~ ~UdYa rl, c':ll ,intl dye LI "t1ltl L `. ,,y rll ''G hUll'~t1~. \CI~ (1 ht~rl'Sr~41j C 177d1;ll t2~lU'.raylit V. C;1. ~,'v,~,~ld. ~:?74`I'C ,i J.~7. ,+.°tJ°t~. ~`,tuU c ~ 4 J t, IJ Pr lJC ,~17I1 tnTt, i ! r~ ~ ~ r_pe~1 t t:Ui~ll 1311 +,_`2n g r .tr"arrests x+ItLbL ~i °.t~':j,~m ~.v: ii7r17 Ut~_`c:~ chic t;r`d rTL•} hct'E.ne .-'t ;7..1 1 r ~E~ t tt.tizi rj ru~: r'17~ tri:ru unt;l llt oi~ll I grec'it l itt. J, [r~rr tiger .t;p. r ,h i .e~ t_~ 7+1 :ts it~t s, a~ ~ ',.}nht~, c Y 17.J :i iill u t t u7s~ h , , .it a _.~nnol T' :;i~t{ y .:+ e 1 onl; t th ~E~rv ,rir i r< c r „ ,r,~,1 a l`i,• 5 r F 11' oval, i,izti.tirj-r~~ t a~t.1 su7,[i i ,~ ~ i ~ , trsla~h~nx fce tilti,t, L 1 w tr:..~' he c in u, ti ni c~ (~ ~~u J: n,~ ~n x ,hlrr 1ti :it t t,l t±,}JCrc.t t;T tct tic nlarnis..l:nt~+i[tl f1,C I'.i) 1, ifl.[i;t 3~ a.n':G:C n r r'.~z~,.._. ', hi ~r itdl i i, ri J ~7 : ~ u ~~ ~ art nA7 J ,1 , ; } „ _ , ~[ 1 + c,3 c t ,.,:' z TJ h tc?T'd ' aht ll7u ~li~ ~J ~ is ra] tl frTr . ,• e [r'm^'i ~ ~1 gti:~'a t u ~t il~ 1 tir ut7t J , ,t"i , 7 1 u9 r,Ev~ to [,v Pa r.Gi;t Jig en.'.let,s zt7~ ,i,> stn, `iictLd~ q,; liu,.l;lc taxi, nt~ Jr u1 e d ~ r ~ err, U`itei l hli m ~ .. bf! Lc,J.~e: (1-t' e,9 ~[~ e ~ I t 1. i i`:c «:' (?: yua: i ,c:rtTu.,ie,,n)ttt ~r~nu.tnl;t':~n)an,.ant ltn1.•;nti, ~' .. .u :ii ._ .}j,.~.i. ~IrnrEe l~esc ~ 7r t ts:1 c',1, o^_ , c, mitt J..terestl,,,r5 !1a [9 tarr;9 tur 1.-da}s. ~~. ..,.... ~.rte.°~s...~.:~...,m,~,..,;..._.. rfi?7~J*t~k.:tl ~>r'C~JC3ri: r - _ .,a-.W~..,.,, ~,.-~ -:. i'• ~~[!$#tt6l<l;rt' ~tt~t~fi#3rit, ~~1E`:; C~tient Si~natum Title Date Account 1`lan~e Title t]ate Mar 13 Q8 C15a 41p Rir 7echno~.o~~ ~~R r~~H~~~~~~ ~~~.~~~~~~ bate: ~~~ ~~1 7~~~ ~.~ Quotation 31P3/2QOS 4:U6:22 PM €3vote# ~~~~ 337 f~igh Sereet ~ t3urfingtort, ~J 08U16 * Te! 800-7~3-3323 * 609-232-0700 * ~'ax: 609-232-(i71~ ~,~~ri~ 'e'rr; Ctient De].t~ay Beach Fire Rescue FL Client Station # 3 10 ante 7ohtz Totxtaszewski Name ~.ddress 5C}1 W Atlantic A's=e Address 65 T Linton Blvd. Address Address City ST Delray Beach FI. 33d~q- City ST Deiz'ay Beach FL, 33444 i?h©ne. Cell: ~+'ax: Units Product [?escription Unit Cost Extended 3 AirIUTATigN Standard Unit Activation System (4- 8 AirMAT[DNs) AMEE-002 Electric Eye ANlBT-4}02 Door Bracket ft~ ~nut~tit~iio~: -- ' "~'"-- -rr.tiielnr3r~ -~i.lt,Months ,43P;kJr~trth3 ~lS` 1'i~utTtert[t - r,~ ti-!~. ._ ,_r~ _- 7 $[z,342.37 $!9,027.44 $2,435.60 $2,435.00 $358,00 $74$.00 $28.00 _- $446.00 Su1~~7ot~l: $22,286.14 ~lris~llafion: $3,930.80 l=r~ighf: ~ $1,200A0 i~au~~rG~``t`ss~4" 327,426.44 I t,:'~i r «rc', ;:cle(,tc`' Ito;„,Ir c Ufa l) ttn~, t .n a d all:'' ~ Gt ~ , - ,_~ ..f i. t n h: rres q .c,~~[ a r cnr O t t r xt~ t m': 1. +~f t r ~ r~~ r .lutr,n~n t1,.1 + lr< r:om~f tc,C vi,(r,y ~'ts[~~ ti st,~cF cf I etall.t5, ti: ii iris tudad'ntu . 6c: s~fieau c,l t i tI i_i ~GuI't:: ..~;:~lnt ti Eli Tf'c,:l '11 ,r~ U:jc~ r t ~ t sr ut r , cy t~m~l;. ~aut(.Ytirht ert(,,,'. v ~,] lie '~1~ V,anann ~-ti.n~ ~at> ,:tI,7 Edt?orr;,c,cd~~ ~ .Il:~t, : 1'?, iuu t til r'.~ta rr t.~;ir a~Iit .,,~ pl utt 'i,plr,ci. will er til,and'.'4rtd.r n, rr SC':~n.l~ ,tali, f~,c'Ur~I:2nptu;+ed r4( „i:rnt?n tu:ftr^^iltic.l. n:e:i~u:t t•'u , C b ~ tit :It ~r ~ IC ..'inn °t~ , t ~ '+i}utr'~],rr tl 2tinns im ~;',,nt r; ,.~ ~rst~ ~4~t1 ~.. ~ticcuf~ d U +trt wi itten i ii els ~n] , nL rn ~ hr- tr u : ,itrr ( i hate fur ~r lia k , I ;r u ~ n't-r rr] t ~~^ i `I hu i~I :tll aKt~c <. its i9 f?11 tn~cn-tt ]a tiirike ~~i t~,tls it~5 ;ate I ~ '.-tic = ~ I ~ u I '~ tU , k t'r ti r1Ci rltt , ~ ' rlh u.,r ~ ~a a ~rvis[, r r ' ~( ~ I ~t_, U` n t,,.'l~h e 7 ii' ~ Ih~.- - f , ~ - n m~ Clc.i , „n~t;c her t~a:a I ,e>t~G m-~.ee u~, nus~c ~ (, +-~ mint •+~ 's f ',ng a `l'f ou.i:U:,'t r ~r., Ejt ~7t. r~it tarcrl' rtr nt'3c'~n,tntr? s a.ent ttl'14 th P;f} t.! r,iitL+e', r is ~.t'~I ~ n .;. ~~t~~1 i t.: d c.t llic , c Thi• ~ 1 :~' ~ IA?1 ~. „~d', ,y-~p1 r }?~ ~~~ 11 ut 1 .t ll,4a bL t13 S't"TC~ [U d[;v'17u 41 `( Sri l5 t.dl1 ICIP 1 - .i r,,l7 ll it .n'C yl,r;'o itl ~° .lut c~ ., •I~ In a 3ttr', 1 sh, tie leuy (,a'rt xt;.F are ~Slint,, cs anti dl t ~,L rn lu r,ia~li_eb r+,_: i pa , ,i t l~ rnl vt tllc i I :[ - r _ L -=~ ~ i~ J ~:1~ a TI ll t•u ''t.+~ t k tte~ttit rt2utcs aablsY.~,,`~'it iL eu 1h[tt~tt)irrc;Tlat~a `nUh e n: ct?dit (:n-t,tal and r. rrt i,7,wii ~ .+, y ,e.7 I+ b ISinuti~ . ';rrli nt .: 5,.~,lhc if~~I:f ~ ~ 1 ~~"-'~'CC~1t0~ry~~. ~fliC;4~t~~iS~ ~~~.." ' Client Sier;ature Account iva€tte Tide 1)a[e ('itle Date 6E19 B'7I 7$4~ Quotation 3/13f200~ 4:176:23 FM k~uote# ~~47 337 High Street * Burlington, NJ 08016 * Tel 500-743-3323 * 609-232-0700 * Fax: 609_232_071.2 tittz~r ~'r~ Client betray Beach Firi; Rescue FL Client Skatian # 5 1~'ame 7alua 'I'amaszevrski Address SOl W Atlantic Ava .Address carne Address 4U(}© 4Id Germa.nto~l~t Rd. Address City ST Delray Beach FL 33444- City ST Deh'ay Beach F.I.. 33445 Pi~ane; Cell: Fax: '~q~f~tn~rlf; _. Units Product Description Emit Cas# ~xEended ~ AIr4ViATipN Standard Unit 1 Activation 5yskem (4.8 AirMATIONs) 2 AMEN-002 Electric k«ye 6 AlVIBT-002 Daor Bracket .easitE~:lclfrtrnidtiruu; _ -~~T r ~ - if 17,,RIIt~ 7h'~4Urrf~y . ^.Czf}'~#nllt;•iy -, ~l7)tit 1 p}y __ _ j ~__ ; $6,342.37 525,3fi9.48 $2,435.00 $2,435.0© $359.0(1 $718.00 ~2s.aa $174.00 5t7h-~'ofai'. $28,69fi.46 ~n~tal(~l~i'ra: .. $4,910.40 lFt~i~tx'L $1, fi00.00 Laca~#i3~ Tot;~l: -_ .... $35,2©6.48 ~ti~~ :.nna , ., ) ua1 ti ~'~ "i i,t. ~ 1+ elf, ~ rJi! La7d~ e ~Gt,ted }trCl~lil T•C)G' D~titii,~ln t nG elf ti 1,•'cit,a. t, u~t~~ i mm ~~... "~ ~l ~:55r at anti ant m: ..j~u rd _; • un ~ to r Jc, F to -,.,~~ t i~li~,uo r~ :.,an p!r€ed ;:nl~s nlnztZ `zap pCtizled tne4 ltlt_at 7) m hid ~ n.u5. ~.e:p~l,u ~l.,l_~ ..~ in~.t icy_i ~,, c'.. r.. F t-rr`t.~,i; [r ti fort t~ f c m ~4 u u :;i u~ut{`tnetlt LQw^„'s,r _4;ililrta ~~ ,+` .ir n i V l'v3ran'y, i ,u s pa;` s at:~l lati,,,t r~. ~ltii~: it t.:G;: 1'cr ~ .,,~ne~ 11 ~~ia nt y ,,, 7, r,c>, cftil~t[ tin ~~ etJ ti l lietitllr a. d ~ pd u ^ ~ tt ~ nu^uta :_tet'd, ,rt e 1 Lt-r h tiitri ft Attu.*. c n ,a ~ "'P- 1 !` P ~ m,Cnt r,aLtt ni 3'ti ~.cJ ,- i,ti l E urti lt~C PL tC_l',PLI 1 eCt)"S ltil'nl'l h,~ e+.tra c<',til; ,.~11 ,., e.._cut..d ;tnbnw.thc,' udus ~~nhr,;~ J t, k~ b.,~"r,,ri r.t;,, z,tr r e , - th co :try t tl {,~,~_~ ] h : - to ~:iitict an ~:'r:, a~eet~lr:r„5 rs z uttCn~enl itt ~~n sh7k~s, ~. Ctdcns tits,. jai ni ' ; ~ ,,, r-3it:r al• 3n;i ;ill u';er ..au 1 1~~n•1 rm w:inttrl 1Lu;ur 5 1. ,e, ['d i.nl} ~ 1 n .U urrttrr allprucrl. re 1u le..t h ^.~.~te]+ n e htt~, ut~~ ni nt'rs.: t n~:.:!uu ~m ti!, :' E >; a d •u7ar t ~,i , ]~ ~ ; ~ 1 tF f2 S}i 1 ; t u,a •:, ,s: he ittto.s nu c ated 1terc~r, +~i' crr'75 u,cort is,,..t ~+ t "tc P.~ ~ ,.tll n~~ ~_ hir.. nv ~ .:e „c;.c It.~ rlttuWlt ~ is ~ t 'iu. •~. ,nf i fh ~ ant m nt, „9 ~h~~~ 'r'tlu: au~ated t n:,n b ttats£u tti, i~+ any rei ~"cnt at u r_' J f r ! ~ ctl ~ „~n ,•t[ 1 ~.t;i i t 1 ran th, ~~a•.~. nF lnt i a+ i ~ l~ftc 1 , c l~zsc pa~l•.cgUs .tre e:SC lei°a aria J , Yni in4 U 1 r,=k 1 ~.. - s; p} ~af;l. s a.~ c ~n c;d c u ,; ~r nrl,, , n ~ u at Ix J ~ 1 . t, r t C~ It r I,ti: iti ,n t:~'~tl a, c apS r •quast tsr i_~rtla t ~;uhp t,, c-rr ah; ra .., aai~~ a rrt tirr.,r; r. t„ ~, y 3 , ,i L :S i~ ~:; ~''.: r~ :r , a:... uh i:~l to c'9 aL.. Legs T,~ur,;, ,tc s.ttlu ~ , t_ :.urrutt tnicres at.,, an.ii t alts l;lt L ~~~~ti`: , ,.~,.:- , .?~;~~t-~b•a~ ~;cctitlrt~ Air Tect~n~si~a~:'4 ~ctlr~tio~s:"~ttc„ ~. Caient 5ignat,tre ']'isle iJat4 elccaunt Natlle f Rte .Date p.6 hiar- 13 08 175: 45p Fl i r Techna 1 ogy ASR ~'ECHNOt®CY S4tUT9~IV5 Date_ sas e~i ~~4~ Quotation .~/>,3/zoo~ 4:os:z3 ~M t~>,©te# 4647 337 ~~igtr Street ~ Surtington, NJ {t807 ti * Te! ~0©-743-3323'" 6fl9-232-07©0 * F'ax: Gfl9-232-®712 Client Delray Beach Fire Rescue. F'L C~IE'17t CfiaYinn ~E ~ Name Tohn Toastaszewski Address S01 ~~t Atlantic Ave. Address Name Address 3b14 South Ocean 1:3Ive, Address Cit~r S7i` Delray Beach FL 33444- City 5T Dell•ay Beach Fh 334$'1 Phone: Cell: lj ,`t~7C: ~~I~i~?~~~~_: lJni#s ProdUCt Description Unit Cost Exkended 3 AirliliATIQtV Standard #Enit Activation Syskem (4- 8 AirIVlATIONs) AR~EE.Qa2 Electric Eye AAtIBT-oaz Door Bracke# SS,342.37 ~19,a27.11 $2,435.aa $2,435.at7 $359AD $358.aa ~r2s.aa $ss.oa $OAa 'St~i3-Totat' -._$21,879.11 lnstall~tfOn: $3,41a.aa '~.~cakioti Total' M^-l~26,489.11 i iSACt ~'t;~grli]r~4rtfT,11: ~ ~h ~4o~rt7s ~ ~ __._ - ~.. ~; -I~ah 41al7trtc ~ iiutE'4'1~It7 '.RViLt:11TYI'7.5'~'~~'it[~EYtI~• ~_ _ " ,1`i.?2 ~~ }S rrnn 1 ~;, 1 d,t ,,iJe +U c i al r;81t~r ~n, risrlti a,:cz~ted Frs:tk t 1;Ct~ Dccttn a tt a a;-all f ~ ~ .r~l „~cc aiiur~9 a~'csun a c~] c:l ~ ,t+ d ;a, h° et it [rat ~c irrc -1 tt ~ Liu fir: a fJ I'ir er a~ eiir . )zn„1 _ P uClr ntlu. ~sespcc tai lis[ald7~,l,:i11-t lud=dm sl7u ehec]„'eau ,:aet`e~tn'.~ ~,l;a t I t :, Llr to dl: !t 1 .,4i't i.,,} ,ur~4 t~, ul }1R.cfil l:gtnlstr ~*, su,~h t 7~ ~ r, 2 ft'i--i r r. inc I . ~C .•1.3 be i, a-ra~ta is ,)-r.d; ~ SPd 1 Dui r rxc.u~ly~ ftlt "~ r Ali ~t;~~, a ~s ::ia id1 t.eG, t~p.l~t! 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Ui pt t) ~ 1 fn {7 lll'I rhtt~~l1 a1 ~. ,.1'it] a i~~ t.r n raq uut ease It{i [ Gl t: SulsJ Li'i IC tIZ tN =1'hE',S 1 3r,~-~ t7T n.L•lUl', , , hi? \C..1 Jli,'°C~~ t~ S.nt ICI i75 t!' "L:hj,~ ,C C'i1 IIPC. 1Cl ~ h~tJ-C itl y,lA~ll'tL tC'r,, t7 ~Ytt .ri ftCS, .dCCi ttlit Ills ('TO' JS ad+, a. N. ,~. .""----.-.~.....-.... ~,.,-.ate-„ a.~.:~~..,,a~..s~..~.,-~ws~,...~ ~s~1~7~'(f~'I1I~~~C't tlllt3: n~U.~..t . ~~:re„t~~,~t~rrn~~olao>gs,~t~R„ ,z: diet,! s;~~te~ 'S'ine Date account tiaute Title iJata ~.7 MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: March 25, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 SECOND AMENDMENT TO AGREEMENT /PALM BEACH COUNTY/INTRACOASTAL WATERWAY PARK (MANGROVE PARKI ITEM BEFORE COMMISSION The Parks and Recreation Department has requested to amend the Interlocal Agreement between Palm Beach County and the City of Delray Beach to extend the project completion date to December 31,2008 for Delray Intracoastal Park (Mangrove Park). BACKGROUND On Apri15, 2005, Palm Beach County entered into an Agreement with the City of Delray Beach, for the period April 5, 2005, through April 4, 2008, to provide an amount not-to-exceed $1,000,000 from the $50 Million Recreation and Cultural Facilities Bond for funding of the Delray Intracoastal Park. On February 6, 2007, Palm Beach County amended said Agreement to increase the funding for the Project by $1,000,000 from the $50 Million Waterfront Access Bond. The Parks and Recreation Department requested the extension because during the installation of the seawall the contractor encountered dense natural rock formations which temporarily hindered seawall construction. At this point in time 60% of Construction has been completed. RECOMMENDATION The Parks and Recreation Department recommends execution of the amendment to the agreement by the City. SECOND AMENDMENT TO INTERLOCAL AGREEMENT BIwTW1=EN PALM BEACW COUNTY AND THE CITY OF DELRAY BEAGW FOR FUNpING OF DELRAY INTRACOASTAL PARK TW15 SECOND AMENDMENT TO AGREEMENT {R-2005-0680), as amended, is entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the City of Delray Beach, a corporate body politic pursuant to the Constitution of the State of Florida, hereinafter referred to as "MUNICIPALITY". WITNESSETW: WWEREAS, on April 5, 2005, COUNTY entered into an Agreement with MUNICIPALITY {R-2005-0680}, fnr the period April 5, 2005, through April 4, 2008, to provide an amount not-to-exceed $1,000,000 from the $50 Million Recreation and Cultural Facilities Bond fnr funding of the Delray Intracoastal Park ("the Project"}; and WWEREAS, on February 6, 2007, COUNTY amended said Agreement. to increase the funding for the Project by $1,000,000 from the $50 Million Waterfront Access Bond for a tots! Project amount not-to-exceed $2,000,000 from the two Bond issues; and WWEREAS, MUNICIPALITY has requested that the Project completion date be extended to provide additional project completion time due to contractor related issues regarding installation of the seawall; and WWEREAS, both parties desire to amend the Agreement. NOW TWEREFORE, the parties hereby agree as follows: 1. The first sentence of Section 2.06 of the Agreement shall be amended to state, "MUNICIPALITY agrees to totally complete the Project and open same to the public for its in#ended use by December 31, 2008." 2. Except as provided herein, each and every other term of the Agreement shall remain in full force and effect and the Agreement is reaffrmed as modified herein. IN WITNESS WWEREOF, the parties, by and through their duly authorized agents, have hereunto set their hands and seals on the date indicated above. ATTEST: SHARON R. BOCK, GLI=RK & Comptroller By: Deputy Clerk ATTEST: ~y: City Clerk APPROVED A5 TO FORM AND LEGAL SUFFICIENCY By: City Attorney PALM BEACW COUNTY, FLORIDA, BY ITS BOARD OF GOUNTY GOMMISSIONERS By: Commissioner, Addie L. Greene, Chairperson CITY OF D1=CRAY BEACH By Mayor APPROVED A5 TO FORM AND LEGAL SUFFICIENCY By: County Attorney APPROVED AS TO TERMS AND CONDITIONS By: Dennis L. Eshleman, Director Parks and Recreation Department MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: March 26, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for May 8, 2008 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7d' Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1st Avenue, NE/SE 2nd Avenue, SE 3rd Avenue, NE/SE 4d' Avenue, and the Tennis Center Parking lot and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, budget, site plan and Certificate of Insurance for this event received from Marjorie Ferrer. Although we are not asking to close Atlantic Avenue west of Swinton, the event boundary will extend to NW/SW Sd' Avenue. Entertainment will be located in the library, in front of Atlantic Grove and in Clay Widemans Parking lot. The estimate of overtime cost for this event is $7,500. Cost for the barricade rental is estimated at $350. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 35% for all costs over $1,000. The estimated charges for this event are $2,625. This event is sponsored by the Sun Sentinel. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, including barricades with payment of costs to the City per the agreement between the City and the Downtown Marking Cooperative contingent on receipt of a proper Hold Harmless Agreement. City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT Event NamelTitle: ~ °`' Z ~/ Event Date{s): DELRAY BAH N i u e o rug a,~c~r ~~ r ~H1 ~ fld~~~~ ~~R ~~~ ~ Times: ~ - ~ ~ _. Event Sponsor/Producer: r ~` ~~ Event ContactJCoordinator: ~ ~ ~~~ Brief History of Event (If plic ble}: I ~ 111~-~ ., Planned Activities (Outline of activities/number of a tivities, i.e. entertainm nt children's 'des, games, other programs): lAS I C V ,... Number of Individuals Served Previous Year (if applicable): Describe th targeted populati~ and exp cted att dance: `~' vtS ._ 1 Name: [ l Y ' Address: Telephone Number: ~ Cellular N ber: ` E-mail Address: ~ Serving or selling alcoholic beverages: yes ~ no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes~_ no (Required two {2) weeks prior to event Wanting the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) YeS~ nO Will there be entertainment: yes ~ no (If yes, attached list of Performers and/or DJ's} If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes_~~ no Requesting Police assistance: yes ~- no (traffic controllsecurity} Will supplement with private security: yes no (If yes, need plan attached) Requesting Emergency Medical assistance: yes no, Requesting barricade assistance: yes~^ no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes no (moo ~ >~ ,~ ~YZ.~ ~ ti~ so~.~D ~~ Requesting trash boxes/containers and liners: yes no Requesting. stage use: (If yes, check type) Large stage (14' x 36') yes no /~ - ^ Small stage (16' x 21') ^ Half small stage .(8' x 21') ^ Requesting signage: yes no Type: 4'x4'Event sin Parking Signs Banner hangin Indicate dates required (Waiver required if more th none (1) week prior to event) ~„A,.~/~ ~ ~. -~ ~1 Requesting City Portable Generator: l yes no~~ ~j[~{~ (~S --^~ .~ (If yes, size & power} ~ ~ !~ ~j~ ~ Food and bevera a vendors: yes no~ g ~ ~~ If yes, approximate number (Health Department approval required) yes no C:1Documents and 5ettingslLisilDesktoplspecial Event Permit Application FINAL 9.6.07.doc ~: '' ~~~ v_ Describe your Marketing/Promotions Progr (How will you market/ ro ote, i.e. TV, radio, posters, flyer, ~reb sites, other): ~C,~ -~ i C ~t ~ In _ ~,o N~ ~~Jlfl ! "v ,t Vl in [ / ~ /ll .~ ~=,0 t ii df i 1 n~ d.IM .ff7M ~.~~ Sponsor Category {please check) City ~Non-ProfitlCharitable ^ Private ^ Co-Sponsor --Non-ProfitlPrivate n (If Nan profit attach praaf of SOI c(3), e(4), c(6), C(IO), or c(I9 or (d) Event Location (Describe area boundaries of event/location): Site plan attached: yes /~ no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no {If yes, attach proof of approval) Private Property Use: yes no {If yes, attach letter giving authorization from property owner) Event budget attached: ~Qg 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) C:1Documents and SettingslLisilDesktoplspecial Event Permit Application FINAL 9.6.07.doc o~ ~ _. --~ ....~ ... Other vendors: r4~ ti / ..: Tents: yes J~ no - Ifyes, How many What size or size required (If yes, tent permits and fire iMSpections may be needed) Will the event include amusement rides: yes no (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) ~~ ....~ Will the event be gated: yes no (Show on-site map) Will there be a charge for the event: yes no~! (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no ~ -. (If yes, contact Fire Marshal to obtain and complete permit application) "' Will there be cooking with compressed gas: yes no~_ (If yes, eonfact. Fire Marshal for iraspectians) ..... Will you be providing port-a-lets for the event: yes, no (If yes, locate on-site map. 1f no, indicate how you wild handle restroom' needs) Is reserved .parking requested: yes no~_ (If yes, indicate locations and purpose for use) Event Permit .~ Attachments: .._. -. / Revenue/Expense Budget ~~RevenuelExpense Recap Last Years Event -' - ~^Site Plan h ~?~ . Letter Requesting Noise Ordinance Waiver -- ~ Letter Requesting Waiver Consumption Alcohol Beverages -» ~~~ ~j Proof of Ngit Status General Liability Insurance Certificate ..._ Alcohol B rage Liability Certificate Proof of Rental A~errfent or Authorization Letter from Private Property Owner ~ + Hold Harmless Agreement -.« Submittal Date Requirements: • Minor Even# 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 124 days prior to event • Neighborhood Block Party 30 days prior to event - C:1Documents and SettirtgslLisilDesktoplSpecial Event Permit Application FINAL. 9,6.07.dac ~ /~ ~ °~ Event Contrac o °/ . r 'nator ~ Date Please print• Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. -- For Staff Use Only~~ ~- Date Received '~I/ ~ ~~ Application fee received $ ~~~ ~» C:1Documents and SettingslLisilDesktoplSpecial Event Permit Application FINAL 9.6.07.doc *~ G c 0 Q O ~$ o ° q 0 ICy o ° 1Ii IC- b p°OO °oa~o o° o $ o o°°°o o° m ~I W f/~ W 00 N N b ~~ !~" N a 0 r 0 7 N N r P7 N~ IYI O YI Oi Ifl O U7 OD '[f r M ~ r Q~ p ti r r r ry a p o N a °~ W ~' O op N O $ °o p P °o O °o O °o °o o° O IA O oo I°n ED !+ $ O o 0 0 0 o O~ O c G ~o of Y7 O r N p N 1!7 O ~ I7 m l7 ~ C ICI m y j N Ip N O H r p a °0 a x c O N C ~ C m~ m~ y ~ p c v a m E ~ p1 C ~ ~ $ y ~ g' .~ '~ y v ~ w e E ~! N ~ ~ d m~ ~ ~ n ~ ~ m m ~i ~, > ~ ~ a ~ c ca ~ ~ ~ W I1 a ~ ~ m r7~~j g Cjl C , o U ` U ~, ~ o ' w ~ w a oS ~~ ~ (? ~r d ~a ~ ~ y w op S c ~ ~ a ~ m m o a o m a o' ~ a r- ti O O~ ° 4 ~ ~ N V V ~ ~ ' N 7 fl m a N M T7 A~014D. CERTIFICATE OF LIABILITY INSUR~4NCE OPID ra- °"'~n'""p°"^'''~' DO~PNT-2 02 f 12 f 08 PRODUCER THIS CERTIFICATE IS ISSI!£D AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS l1PON THE CERTIFICATE The Piastsidge Agency, Iac . HOLDER. THIS CEi2TIFECATE DOES NOT AMEN!], EXTEND OR 820 N.E. 6th Avenue ALTER THE COY£RAGE AFFORDED 8Y THE POLICIES BELOW, Delray Beach !Z 33483 Phoae:561-276-5221 lax:561-276-5244 INSl11iER$AFFORDINGCOVERAGE NAIC# INSURED INSURER A: 6cotL~At1. Lrfiu~uief coarlyarry ~ Delray Beach Dati4ntowu Dlatg INSUrzER B: eoaDDerative:DDA,CRA,Chamber of INISURERc C'o~oerce Citiy o~ Delray Beach 64 S . i . nth Aveaue INSUI~R D Delray Seach TI, 33483 INSURER E: THE POLICIES OF iNSIRANCE LISTED BELOW HOVE BEEN ISSUED TO THE INSLRED NAMED ABOVE FOR THE POLICY PERIOD MD CAT17J. N07VJI7HSTMlDING ANY REOLiREMENT TERM OR CONDITION OF MY CONTW4G-OR OihER DOCUMENT WIF-f F;ESPECf TO WI-ACF TFIS CERTIFICATE hA~Y 3E ISSUED OR MAY PERTAIN, THE INSLT3ANCE ?FFORDE~ BY'TFiE POLICIES DESCRIBED HEREIN IS SUBJECFTOALL THE "ERNS, E;{CiUS10NS MID CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS ~HOYYN MAY HAVE BEEN REDUCED BY' PAID CLAIlJS. LTR TYPE OF INSURANCE POLICY NUMBER pJ-~ DA'YI QATE IMMIDOIYYy LIMITS GENERALLYIBILRY EACHOG'CURRETJCE ; 1OD00D0 A X X COAMERCU+LGENEZN.LL413LITY CL81334466 01/23/08 01/23/09 PREMISES Earcu~enceJ ;50000 CLAIMS MADE ~ OCCUR MED E;{P ;Arry one person; ; PERSONAL &ADV INJURY ; lOOO000 GENERALAG:~REGATE ; 2000000 GEVLAGGREGATELIMITPP~LF_SPER: PRODI.CTS-COV~JOPAGG ; exCinded ~ FOL CY ~~ LOC AUT OMOBLLE LIABILRY COttlsINED S NGLE LIMIT ; ANYALRO (Ea aceltlerltJ ALL OWNETJ P11TOS BODILY INJURY ; ~GHEDULED AUTOS [Per peFSar) FIRED AUTOS BODILY 1NJLIRY ~ I+ONI-0WNm AUTO IPer acciderrt) PROPERTY 0.AMAGE ; (Per axidentJ iiARAQELUIBILITY AUTO ONLY-EAACCIDENT ; PNYALRO OTl-ERTH4N EA FCC ; AUTO ONLY: AGG ; EXCESSAIMBRELLA LIABq.DY EACH OCCURRENCE ; OCCUR ~ Cl4IN5 MADE AGGREGATE ; ; DEDUCTIe_E ; FETENTIgV ; _ VYORISERS COMPEIJSATION ANE1 EMPLOYERS'LIAEILRY TORYLIMITS ER o1JY P30PRI=TORIPARTNERrD~CLffEYE E.L. EPCHACCIDEM ; OFF IC=R1MElABER IXCLWED9 II a6 tlefCf111Q Illtlef E.L. Df5E4SE - EA EMFtOYEE ; y , SPECIAL PROVISIONS bebW E.L. DISEASE -POLICY LIMIT ; OTHER DESCRIPTION OF OPERATIONS! LOJJITIDN$ I VEHICLES I EXCLUSN)N$ ADDED BY ENDORSEMENT! $PECWL PROVISIONS Special 8vent - 6 Art & Jasz on the Avenue; one >rashion show; ane First Night/Nea+ Years Eve. City of Delray Beaah is listed as additioaai insured with respect to t3eneral Liability. City of Delray Beach 100 N.LP. 1st Avenue Delray Beach !Z 33444 CITYD-1 SHOULD Am OF THE ABOVE OESCRIBEA POLICIES BE CANCELLED BEFORE THE E%PIRATION DATE THEREOF; THE ISSUING ]NSURERIMLL ENDEAVOR T'O MAIL 30 DAYS VJItRTEN NOTICE TO THE CERTIFICATE HOLDER NAMEp TO THE LEFT, BUT FAILURE TD DD SO SHALL IMPOSE ND DBLICATION OR LIABILITY OF ANY KIND UPON THE INSURER, R8 AGEMS OR REPRESENTATNE$. ACgRD MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: March 26, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 SPECIAL EVENT REQUEST/DELRAY BEACH FILM FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 3rd Annual Delray Beach Film Festival proposed to be held from May 6 through May 11, 2008; to grant a temporary use permit see LDR's Section 2.4.6(F) for the closure of NW 1st Street on May 6, 2008 from 9:00 p.m. -midnight, for the event party at DaDa's; to approve the reservation of thirty (30) tee times at the Municipal Golf Course on May 8, 2008 beginning at 9:00 a.m., for a golf outing; to approve the use of the south end of the beach on May 10, 2008 from 8:00 a.m. to noon, for a surfing demonstration and contest; to approve the use of Worthing Park to show films on the wall of the Blue Fish Restaurant; to authorize the street closure, event signage, and staff support for barricading for traffic control. BACKGROUND Attached is a permit request received from Dr. Posner along with a proposed budget, site maps and additional information for this event. Dr. Posner intends to again utilize the Crest Theater and Pavilion at Old School Square to show the films. Film showings will be held from May 6 through May 11, 2008 from 11:00 a.m. to midnight. City staff services are needed for the street closure request for barricading for traffic control. There are no overtime costs for the event. The only charge will be $250 for event signage. Commission approval is needed for the street closure and staff support, tee time reservations and beach and Worthing Park use as proposed. RECOMMENDATION Staff recommends consideration of approval of the Delray Beach Film Festival requests for the tee time reservations, beach and Worthing Park, street closure and staff support for barricading and event signage as requested with the following conditions: 1. Receipt of a certificate of Event Liability Insurance by Apri128, 2008. 2. Receipt of an executed copy of a Rental Agreement with Old School Square by April 11, 2008. 3. Receipt of a signed Hold Harmless Agreement by Apri128, 2008. City of Delray Beach n~~~arsE,ac~ Special Event Permit Application + . ~~ PLEASE TYPE OR PRINT t ~~~~ ~et~~ j Event Name/Title: ~ 4' ~ I ! (~ Event Date(s): ~/!~ Times: [t7 la I~l ~' (, 214''[. Event Sponsor/Producer: I' Id G~ZC 1 ~bsh i° j/~` ~tl ~~ ~ ~ ~~~ l~"~ ~r~rc Event Contact/Coordinator: ~,1~f;h~e ~ ~r~~,ni°9~ Name: ~ ~-'a.~. Address: 9 l `! Telephone Number: E-mail Address: 1E f -r ~:`'YS Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's ride, games, other programs): V~~ ~ ~!Z ~A u1a h k'~s hp ~ A z~ ~ 9 h[t0 SC M~~ ~ U.-1 dC Number of Individuals Served Previous Year (if applicable): j t' D scribe the tar eted po ulat' ~a d expected attendance: ~C1e N C ~! r u s ~~ rY1 ~ .yr ~l,~fj,(~~ c 1 /m `. oi5 f a , 5 z .~._n Brief History of Event (If applicable}:~~~'"L- ~ i5 ... ~~ how the pro~gr~im or project addresses cQuamunity needs: C~ Describe your Marketing/Promotions Progra (How r~r}11 you market/p ~ rn„o~e, i.~. TV, rad~, ppster~, flyers, web ~it~s, other): (p b Si`#`~, ti ~° vv~ ~ ~jj ~`tS f Sponsor Category (please check) City ^Non-Profit/Charitable~Private ^ Co-Sponsor -Non-Profit/Private ^ (I f Non profit attach proof of SOl c(3), c(4), c(6}, C(IO), or c(I9) or (d) Event Location {Describe area boundaries of event/location): Site plan attached: yes no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location ' applicable.) Rental of Old School Square: yes no (If yes, attach proof of approval) Private Property Use: yes no / , (If yes, attach letter giving authorization from property wvner) Event budget attached: yes no (Required for all events) Previous year RevenuelExpense 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) C',1Documents and SettingslLisilDesktoplspecial Event Permit Application FINAL 9.6.D7.doc Serving or selling alcoholic beverages: yes no (If yes, eopy of license and alcohol liability insurance requ' ed two (.2) weeks prior to event) Event certifcate of insurance attached: yes no (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} Will there be entertainment: yes no (lf yes, attached list of Performers andlor DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Poiice assistance: yes no (traffic controllsecurity) Wiil supplement with private security: yes no (If yes, need plan attached) Requesting Emergency Medical assistance: yes no Requesting barricade assistance: yes (If no, how are you handling?} C ~~~ Requesting trash removal/clean up assistance: yes (Will be billed to sponsor} Requesting trash boxes/containers and liners Requesting stage use: (If yes, check type) Large stage (14' x 36') ^ Small ~' y n0 yes no no x 21') © Half small stage (8' x 21'} ^ Requesting signage: yes no Type: 4'x4'Event sign Parking Signs I Banner hanging Indicate dates required 't ~~ ~ ~ r (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: yes. {If yes, size & power) Food and beverage vendors: yes 1f yes, approximate number (Health Department approval required) yes. no no~~ no C:1Documents and SeitingslLisilDesktoplSpecial Event Permit Application FINAL 9,6.07,dnc Other vendors: (Indicate type} yes. no Tents: yes If yes, How many What size or size required (If yes, 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 required, also requires state license and inspection.) Will the event be gated: yes no (Show on-site map) Will there be a charge for the event: yes no (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) is reserved parking requested: yes no (If yes, indicate locations and purpose for use) Event Permit Attachments: RevenuelExpense Budget RevenuelExpense Recap Last Years Event Site Plan Letter Requesting Noise 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 40 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event no C-1Dncurnents and SettingslLisilDesktoplSpecial Event Permit Application FINAL 9 6.07 doc Event Contract r Co rdi at~j Date Please print: ~1f.~L°P ~~~n~f Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 7 pU N. W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only ,r~ ~ Date Received ~~ Application fee received $ [~' _ C:IDacuments and SettingslLisilDesktnpl5pecial Event Permit Application F1NAL 9 6.07_doc ~ ~ ~~ .,.~~. -~~ 'r ~') i / ~'~ h, Delray Beach .. _..... ~, _.._..,.,. .. EE .,. 'sz «~... Plans for The 2008 Delray Beach Film Festival, May b-11 Dear Bob As per our conversation, here is the basic outline for our 2008 DBFF; Dates May 6-1 ~, 2008 The l=F will be held at Old School Square and the Delray Beach Library Including indoor and outdoor screenings with workshops inside the Crest Theater 10am to midnight May b-11 Ot3r Host Hertel wiEl be the Cvlony Hotei, along with Cranes Beach House, Sundy House and Marriot hotels Opening night party at DADA with street being closed off, May 6th 930- midnight Golfing Event 9AM approx 30 people, at the Delray Beach public Gvlf course on Thursday May Stn Surfing Event on Saturday May 1Qtn Thursday May 8th, w.e want to use the outdoor Pavilion in conjunction with JAZZ on the ,41IE, wvrk3i~ with Sarah Martin We want to once again start showing films on the Wall of Sol Kitchen on Priddy Nights starting in April- Owners approval We want to paint the~~wall in the parking lot outside Sol Kitchen ASAP Owners approva[ Hang Banners (I will provide)an Atlantic Awe an the Street Lamps, Hang 2 event signs 4x4 announcing the FF. Be listed an city web site and calendar; be listed on utility bill 2 months before the event Show films on the wall of blue fish in Worthing Pant Friday nights starting March 28tH 9pm-midnight Thank you, Dr. Michael Posner r•~ J.. G ~~ B me .,. M era a .vy ~aesxxs3~ ve.eu v w ax. r., ~...sr. Awerw ... .m~ e 9 .tee-- nwa~ue .. ~~ ~ n oe wci - - - i ors rf: ~1~~'$ __ `_"3~-C~' °~~. ~ v rve .'..- ~ _.... T=-.- _ ~,.. -- ~~ vii ~4' ~ ~~'TY.FztE SRC-:. - ~ 1 OjY.'fiSS `~L~m.~11 - ~ A n y 2 P erg-.aa mlA a ~~axi<~a e.. ~ F ~ ...ova , i~es~s i.av...-.a .v rc... c ~ .... ap ~ .... 4 PG [+. v f¢ ~ ~ m n. 9 Delray Beach Fllm Festival, Inc 2006Proposed Budget Commissions Ac ?legal Airlines Honoree - 4 Press - 4 Filmmakers - 6 Other Autoll_imo Rental licenses and Fees EntertainmentlTravel Film Rental Hotel Honorees Press - 4 Filmmakers - 12 Other HospitalitylPress Suite Insurance Merchandise Theater Rental Theater Equipment Contingency Film Issues Bancard Fees OFFICE EXPENSES Rent Electric Phones Security Maintenance Supplies Postageldhl FedEx Postage Equipment Total OFFICE Web design & maintenance EVENTS Festival Events Total EVENTS Legal 2007 ACTUAL 200$ DBFF Bud et Bud et $ 1, 000 $ 1, 000 ' $ 18,000 $ 5,50a $ 27,000 ~ $ 15,000 $ 10, 000 $ 4, 000 $ 4, 000 $ 2, 500 $ 4, 000 $ 2, 000 $ s, o00 $ 2, o00 $ 2,3aa $ 2,000 $ 300 $ 600 $ 22,500 $ 22,500 $ 2,800 $ 3,500 $ 25,000 $ 1 a,oaa $ 2, ooa $ 2, 000 $ 4, 020 $ 2, 000 $ 9, 000 $ 4, 000 $ 3,oao $ 2,000 $ 1,950 $ 1,9Q0 $ 5,500 $ 4,500 $ 25,700 $ 1 a,7aa $ 3,200 $ 2,500 $ 2,ooa $ 2,aoo $ 2a0 $ 1200 $ 128,470 $ 80,400 $ 10,800 $ 4,000 $ 900 $ 1aa $ 6,5oa $ 1,oao $ 1,~5s $ 1,aao $ 480 $ 100 $ 2,500 $ 600 $ 8,500 $ 5,800 $ 7, 225 $ 5, 000 $ 1, 275 $ 800 $ 1,200 $ 1,6oa $ 32,336 $ 14,200 $ 2,soo $ 60,000 $ 60,000 $ sa,o©o $ so,ooo Jana Media Relations FOR IMMEDIATE RELEASE Press Contact: Jan Engoren/Java Media Relations Tel: (561) 302-6402 jengoren@hotmail.com g~ ANNUAL DELRAY BEACH FILM FESTNAL "COME EXPERIENCE INDEPENDENCE" MAY 6-~.~., 2008 Boca Raton, FL, <(March 22, 2008}> The third annual Delray Beach Film Festival announces its opening night film, Director Mark McLaughlin's documentary film 'Hollywood Singing and Dancing: A Musical Treasure,' hosted by Academy Award- winning stage, screen and television icon, Shirley Jones. `Hollywood Singing and Dancing' is the most entertaining and cornprehensiUe dacumentary about the Hollywood Musical eUer produced. A celebration of song and dance beginning with the era of Busby Berkley through the highly acclaimed 200 box o, f, fice smash hit 'Dreamgirls.' Where can you see a movie starring Shirley Temple, Fred Astaire, Ginger Rogers, Gene Kelly, Patti Page, Tab Hunter, Jane Russell, Smokey Robinson, Tommy Tune, etc. to name a few of the big name stars to grace the screen and entertain the audience? A true celebration of music, song and dance during the heyday of the Hollywood musicals, the film begins during the period of the great American choreographer, Busby Berkeley, the era of 42nd Street, and Gene Kelly's 1942 film, For Me and My GaI, films that took Americans' collective minds off the Great Depression. The film highlights the patriotic musicals of the x94os and World War II, such as On the Town andMeetMe in St. Louts, up until the collapse of the studio system in the x95os leading up to the revival last year of the musical genre, the 200 Academy-award winning blockbuster 'Dreamgirls.' Page 2 Live interviews with Liza Minnelli, Shirley Maclaine, Mickey Rooney, Rita Moreno, Debbie Reynolds, Leslie Caron, Joel Grey, Bill Condon, Rob Maxshall and many others reveal the world that helped shape these classic and beloved films. Says Michael Posner, Director of the DBFF, "We are so excited to present 'Hollywood Singing and Dancing: A Musical Treasure.' For anyone who loves Shirley Temple and the old Hollywood musicals, such as `Singing in the Rain,' `Broadway Serenade,' `Take Me out to the BaIigame,' up through `Cabaret' and `Chicago'this is a film not to be missed." "This year's film festival will be more intimate. All films and. activities will be centered in downtown Delray Beach, within walking distance of the Colony Hotel, ,25 East Atlantic Avenue, our host hotel. All of the films will be screened on Atlantic Avenue, either at Old School Square, the Crest Theatre and our new venue, the Delray Beach Public Library. I want to attract more local people from all communities to come out and experience independent filmmaking at its best." Films Include: The Jazz Singer, Snow White and the Seven Dwarfs, The Wizard of Oz, Dames, Fashions of 1934, The Little Colonel, Gold Diggers of 1935, Meet Me In St. Louis, Babes on Broadway, Yankee Doodle Dandy, On the Town, The Harney Girls, Couer Girl, The King and I, The Sound of Music, An American In Paris, Singin' In The Rain, Gentlemen Prefer Blondes, Royal Wedding, Damn Yankees, Gigi, Seuen Brides For Seven Brothers, Oklahoma!, Carousel, My Fair Lady, Mary Poppies, West Side Story, Funny Girl, Umbrellas of Cherbourg, OIiuer!, Sweet Charity, HeIIo Dolly, The Rocky Horror Picture Show, Fiddler On The Roof, Cabaret, A Star Is Born, Willy Wonka and the Chocolate Factory, Jesus Christ Superstar, Tommy, New York, New York, Saturday Night Fever, Grease, Hair, All That Jazz, The Little Mermaid, Beauty and the Beast, Evita, Cry Baby, Moulin Rouge, Chicago and Dreamgirls. Stars Include: Al Jolson, Busby Berkeley, Fred Astaire, Ginger Rogers, Mickey Rooney, Judy Garland, Shirley Temple, Betty Grable, Bill "Bojangles" Robinson, James Cagney, Vincente Minnelli, Stanley Donen, Frank Sinatra, Richard Rodgers, Leslie Caron, Debbie Reynolds, Donald O'Conner, Marilyn Monroe, Jane Russell, Louis Jourdan, Rita Moreno, George Chakiris, Dick Van Dyke, Audrey Hepburn, Rex Harrison, Julie Andrews, Barbra Streisand, Topol, Liza Minnelli, Little Nell, John Travolta, Olivia Newton-John, Ben Vereen, Roy Scheider, Ann Reinking, Dan Aykroyd, John Belushi, Page 3 Lesley Ann Warren, Madonna, Angela Lansbury, Johnny Depp, Catherine Zeta-Janes, Renee Zellweger, Jennifer Hudson, Eddie Murphy, Beyonce Knowles, Nicole Kidman. Volunteers Volunteers are welcome and needed to support all functions of the DBFF from ticket sales to hospitality to sorting and mailing films, soliciting items and/or making donations for the silent auction fundraiser, drivers to pickup filmmakers from the airport, etc. Potential volunteers should contact Michael Posner directly at: maddoc4$@aol.com, or call: 56i-2X3-5737 for more information. About the Festival The Delray Beach film Festival is a non-profit 5oi(c)(3) organization that demonstrates its commitment to the community by donating a percentage of the proceeds from the film festival to other non-profits including the Peggy Adams Animal Rescue League and The Children's Coalition, Inc. "Hollywood Singing and Dancing" is produced by Great Musical Treasures, LLC and distributed by Passport International Entertainment, LLC ### MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 27, 2008 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF APRIL 1, 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 17, 2008 through March 28, 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 Planning and Zoning Board - Meeting of March 17, 2008 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. • Recommended approval (4 to 0, John Miller and Cary Glickstein absent and Joseph Pike stepped down), of a conditional use request to allow a density in excess of 12 units per acre (24 units per acre proposed) to accommodate a total of 264 units for Village at Delray, (formerly a portion of Auburn Trace), located on the east side of Auburn Avenue, south of SW 4~' Street. Concurrently, the Board considered the following special action and waiver requests: - Recommended that the City Commission approve a reduction of guest parking spaces required pursuant to LDR Section 4.6.9(C)(2)(c) by 48 spaces (from 62 spaces to 14 spaces). - Recommended that the City Commission approve the request for waiver to LDR Section 4.6.9 (D)(2) to waive the requirement that parking spaces enter and exit in a forward manner on travel ways exceeding 200 ADT (Average Daily Trips). • Recommended denial (3 to 2) of a waiver to LDR Section 4.6.8 Lighting and a conditional use request for Chez Mika Restaurant, located within Sherwood Plaza at the southeast corner of Congress Avenue and SW 10th Street to extend the operating hours from 12 midnight to 2:00 a.m. seven days per week. • Recommended approval (5 to 0), of a City initiated amendment to the Land Development Regulations by repealing Sections 4.3.3(C), "Adult Congregate Living Facility" and 4.3.3(G), "Continuing Care Facilities", and amending Section 4.3.3(H), "Convalescent Homes, Homes for the Aged, Nursing Homes, Rest Homes", in order to provide for updated regulations; amending Sections 4.4.6, "Medium Density Residential (RM) district", 4.4.13, "Central Business District (CBD), 4.4.21, "Community Facilities (CF) district", 4.4.28, "Central Business District -Railroad Corridor (CBD- RC)", and 4.4.29, "Mixed Residential Office and Commercial (MROC) district", in order to allow Assisted Living and Continuing Care Facilities as permitted uses in these zoning districts; amending Section 4.4.9, "General Commercial (GC) district", in order to allow Assisted Living and Continuing Care Facilities as conditional uses in this zoning district; amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", to remove Assisted Congregate Living and Continuing Care Facilities from the list of conditional uses in this zoning district; amending Appendix "A" to repeal the definitions of "Adult Congregate Living Facility" and "Convalescent Homes, Homes for the Aged, Nursing Homes, or Rest Homes" and enacting a definition of "Assisted Living Facility" and "Nursing Home" and providing an updated definition of "Continuing Care Facility". • Recommended denial (4 to 0, Francisco Perez-Azua stepped down), of a City initiated amendment to the Land Development Regulations Section 4.6.9(E)(3)&(4) pertaining to increases in the in-lieu and public parking fees. • Recommended approval (5 to 0), of an abandonment of an unimproved irregularly shaped portion of the Old Germantown Road right-of-way that is 0.29 acres and lies at the intersection of Old Germantown Road and Linton Boulevard, west of Park Access Road. • Recommended approval (5 to 0) of a final subdivision plat for Midtown Delray, a proposed mixed-use development that contains a 29,571 sq. ft. medical office building and 116 fee-simple townhouse units, located at the southwest corner of Linton Boulevard at Germantown Road, west of Park Access Road. Site Plan Review and Appearance Board -Meeting of March 26, 2008 A. Approved (5 to 0, Frances Bennett and Connor Lynch absent), a request for a color change for Ace Hardware, an existing commercial establishment, located on the west side of SE 6th Avenue, south of East Atlantic Avenue (50 SE 6th Avenue). B. Postponed (5 to 0), a Class III site plan modification, architectural elevation plan and landscape plan for the City of Delray Beach Information Technology Building, associated with the construction of a 4,000 sq. ft. building within the existing City Hall complex ,located on the west side of NW 1st Avenue, north of West Atlantic Avenue (100 NW 1st Avenue). The Board requested that the architectural elevation be redesigned, that a roof connection be provided between the existing City Hall building and the proposed building and that roof-run off between the buildings be addressed. C. Approved with conditions (5 to 0), a Class III site plan modification associated with the construction of a 2,843 sq. ft. addition for Wal-Mart, located on the west side of Military Trail, south of Linton Boulevard (16205 South Military Trail). Concurrently, the Board considered the following waivers: - Recommended that the City Commission approve the waiver to LDR Section 4.6.9(D)(3)(a), which allows for a maximum driveway width of up to 36 feet (48 feet proposed). Postponed the waiver request to LDR Section 4.6.8(B)(3)(c), which requires a maximum illumination of 4 foot candles for the parking areas (13 foot candles proposed). The Board requested that the applicant submit a revised photometric plan that more accurately depicts the lighting distribution on site. D. Approved with conditions (4 to 0, Jose Aguila stepped down), a Class V site plan, landscape plan and architectural elevation plan associated with a mixed use project consisting of 296 multiple family dwelling units and 90,135 square feet of office area for Historic Depot Square, located north of West Atlantic Avenue, between the CSX railroad and I-95. Concurrently, the Board approved the following special action and waivers: - Approved a parking reduction per LDR Section 4.6.9(F)(1) from 936 required parking spaces to 855 parking spaces. - Recommend to the City Commission approval of the waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a minimum stacking distance of 50 feet for a parking area that has 51 or more parking spaces. - Recommend to the City Commission approval of the waiver to LDR Section 6.1.3(B), which requires a 5-foot sidewalk along both sides of Depot Road and NW 2nd Street. Other Items No other appealable items were considered by the Site Plan Review and Appearance Board. However, the following concept plans were presented to the Board. The Board does not take action on a concept plan. Concept plan review associated with architectural elevation changes that include the installation of an awning and trellis for Cut 432 Modern Steakhouse and Wine Bar, located at the southwest corner of SE 5th Avenue and East Atlantic Avenue (432 East Atlantic Avenue). Concept plan review for Caribbean Village, a proposed mixed-use development occupying approximately 5.5 acres within the two blocks east and west of SW 9th Avenue with 22,000 sq. ft. of retail, 12,000 sq. ft. of office area, 120 senior citizen housing units, 5 live/work townhouses and 268 parking spaces. Historic Preservation Board - Meeting of March 19, 2008 1. Approved (5 to 0, Jan Kucera and Rhonda Sexton absent), a Class II site plan modification and a Certificate of Appropriateness request associated with modifications to the existing surface parking lot to expand the outdoor dining area for 8 East Atlantic (Taverns Eros), located on the south side of East Atlantic Avenue, east of Swinton Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map N SPRAB HPB A. ACE HARDWARE 1. 8 EAST ATLANTIC AI/ENUE (TAI/ERNA EROS) 8. CITY OF DELRAY BEACH INFORMATION TECHNOLOGY BUILDING C. WAL-MART D. HISTORIC DEPOT SQUARE - - -CITY LIMITS ~ ~ - ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT APRIL 2008 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\4-01-OS --DIGITAL BASEiIAAPSYSTEM-- MEMORANDUM TO: Mayor and City Commissioners FROM: Joesph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: March 21, 2008 SUBJECT: AGENDA ITEM 8.K.1 -REGULAR COMMISSION MEETING OF APRIL 1, 2008 BID AWARD/COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC. ITEM BEFORE COMMISSION City Commission is requested to approve a bid award to Complete Property Services of South Florida, Inc. for landscape maintenance of Stormwater Retention Areas and Improved Water Retention Areas for an annual estimated total of $43,274.00. BACKGROUND Bid #2008-26 was opened and publicly read on March O5, 2008, all in accordance with City purchasing policies and procedures. Eleven (11) sealed bids were submitted by landscape contractors for this bid request. A bid tabulation is attached for your review. FUNDING SOURCE Account Code: 448-5416-538-34.90 Stormwater Utility Fund/Other Contractual Services RECOMMENDATION The Public Works Department and Purchasing staff recommend award to the low bidder, Complete Property Services of South Florida, Inc. for the landscape maintenance of the Stormwater Retention Areas and "Improved Water Retention Areas" for an annual estimated total of $43,274.00 per Bid #2008-26. 2 a m N ~ ~ O J N 113 ~ d o~ U a lu a a z 0 z 113 H 0' w a 1- ~3 U Z a z u3 H a LL1 a Q V N G H 0 V J a a Y ~ ~ ?-1 .~ ~ ~ 09 Fi 'T~i CU '~ Fi ~ ~ ao 00 00 ~n o 0 0 o a 0 0 0 a o ~ ~0 0o 0e~ n o 0 0 0 0 o O O e a~ a ^ d ~ O O O O ~O Lh u O ~O ~n ~i OL [V et n ~' ~ "~ a w ca Q ~ ~ `~' sa ss ~ ~ ~ ~ ~n In car, o ~ ~ n ° r' `~' ~ , N ~ ? ~ fi ~ ~ ~ ' ~ d ~ ' ~, ,~ , r, , ~ , , ~ Y0 ~ ^- O O O O o V'] O O ^ O " O O- O O O O a v O O O C7 ~ O C? 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CWi N I w ~ , ~ _ ~ z Z ¢ II W ~ ~.,, ~ ~ ~ ~ 's7 ~ a ~ ~ ~ z c o © ~ xt w 0 ~ "~"' .~ ~ _ o ~ o v ~ ti v ~ ~ ~ S F W z y x~ ~ ~ ~ , .~ ~ ~ "" Q ~ v ~ 4 ~ d W n ~ ~ o ar O « •~ FA >x P4 a IYi a + a a U Q U t W ~ ~ } y ~I ,~ O `~ ` rte ~ ~ ? `' •~ '~ '~ '~ U I"' , li ~2 ~,^ Q ~ ~ C~ V ~ h_ 7 ~ /. O FI L N ~ a v G~i 7~ ~..~ ~ Z F~ U d a m gyyv ,'~ ~ tea. o ~ ak ~ x. x; =~~'"NmaQn H U ~., ' ~ ai '7 y ~ M M M U' ~ a~ ~ ¢ ~ ~ ~ ~ 00~~ ~a w a, w ' Q d w 4~ ~ m N O O W 1¢- n! W N M 7 ~ Q m U ^ i i~ i~ i~ ~i 0 m m m d MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of PublicUtilities Richard C. Hasko, P.E.; Director of Environmental Services THROUGH: David Harden; City Manger DATE: March 24, 2008 SUBJECT: AGENDA ITEM 8.K.2 -REGULAR COMMISSION MEETING OF APRIL 1, 2008 BID AWARD/SOUTHLAND PAINTING CORPORATION ITEM BEFORE COMMISSION Bid award to low bidder Southland Painting in the amount of $65,640.00 for sandblasting, paint preparation, and painting of internal structural steel components of Clarifier #2 at the Water Treatment Plant as part of the Clarifier Rehabilitation project. Rebuild of the drive motor assembly is recommended under a separate agenda item. BACKGROUND Rehabilitation work on Clarifier #2 at the Water Treatment Plant has been programmed into the current year's capital budget with an approved allocation of $250,000. The City advertised the "Water Treatment Plant Clarifier #2 Rehabilitation" project on February 17, 2008. The scope of work under this bid encompasses the second phase of the overall rehabilitation work; sandblasting and painting of all steel components inside the clarifier reactor unit. The first phase of the project is removal and rebuild of the drive motor assembly, which will be performed by the equipment manufacturer. This will provide full and complete access to all structural steel components. The award for removal and rebuild of the drive motor assembly unit is under a separate agenda item. The City opened bids for the Clarifier #2 Rehabilitation project on Thursday, March 20, 2008. The City received four bids, with the lowest responsive bid from Southland Painting Corp. in the amount of $65,640.00. Their past performance and references have been verified; they are in good standing. In addition, Southland Painting has performed satisfactorily on previous Water Treatment Plant related projects for the City. FUNDING SOURCE Funding is proposed from account #442-5178-536-64.90, Water and Sewer Renewal & Replacement Fund/ Other Machinery and Equipment, in the amount of $65,640.00. RECOMMENDATION Staff recommends award to Southland Painting in the amount of $65,640.00 for the sandblasting and painting of Clarifier #2 as part of the Water Treatment Plant Clarifier #2 Rehabilitation project. Y ~_ ~~ w~ R! N~ I.fi N L .~ U ca a ^_ W ~a a~ `L r L ++ VI r 1 O O N M~_ W 0 0 0 O N Z a ++ _~ H ~_ m U W O O O O O O O O O ~ U ~ O N O 00 O O O ~ O O ~ O O Ln ao ~ ~ ~ CJ Q ~» ~ ~ o °~ o ~ ~ ~ w ~ N U ~ ~j z W 0 o 0 0 0 0 O O O ~ U v ~ ui f~ ui Ln o O O O c ~ N a0 ~ ~ ~ ~ ~ J Q ~ ~ ~ ~ ~ ~ ~ C ~ ~ CO ~ _ O H H~ ~ W ,K ~ U Z W O O O O O O O O O O ~ ~ O ~ ~ O ~ ~ ~ r~ o ao 0 c ~ ~ ~ c0 co co O ~ ~ ~ H U ~ ~ ~ ~ W U ~ ~ ~ Q z Q W O O O O o o O O O U 0 ° 0 0 ° o ~ ~ ~ o ~ ~ N ~ a0 ~ ~ CO ~ J Q fA Ln ~ fA ~ ~_ ~ ~ Efl ~ ~ ~ w U_ L ~ d ~ O ~ ~ z ~ z J J J J N ~/j U °tS co O ~ ~ ~ O ~ _ W ~ N p C ~ O ~ Q O ~ ~ ~ ,_ T U (n O N O C D D N~ ~ O O O m O (0 O ~ ~ W E ~' ~ C ~ O N ~ .~ O ~ ~ Q ~ D ~ ~ U ~ m ~ ~ O O O O ~ z ~ N C+') ~ 0 0 N M ai a O O .~ (0 L N N N w U `~ X C ~ (0 ~ a ~ ~ C ~ a~ ~ a O ~ (p O ~ ~ °o ~ O ~ O O N N ioZ~ ~ ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: March 25, 2008 SUBJECT: AGENDA ITEM 8.K.3 -REGULAR COMMISSION MEETING OF APRIL 1, 2008 PURCHASE AWARD/CONTRACT CONNECTION, INC. ITEM BEFORE COMMISSION Purchase award to Contract Connection, Inc, Jacksonville Beach, Florida, in the amount of $19,933.15 for the purchase of seven (7) ShelterBenches for replacement of benches located on the sea wall at Veteran's Park. BACKGROUND Request approval to purchase seven (7) shelter/benches for Veterans Park. The present shelter/benches at Veterans Park have become outdated, rusted, overnight sleeping benches, and the canopies have been a writing slate for graffitti. Many visitors and residents come to the park to either sit, read or just walk and the new shelter/benches would present a neat, clean and safe environment. The additional purchase of arms to separate the seating area would hinder sleeping on the benches. Two of the quotes obtained; one from Rep Services, Inc. and the other Play it Safe Enterprises, Inc. are $27,641.33 and $24,134.00 respectively, and are single benches with a sunshelter roof attached. The third quote from Contract Connection, Inc., is $19,933.15 (including (7) arm packages) for 3-seat shelter/bench combo units made of Plastisol coated expanded metal. Attached are the three quotes as well as pictures of the benches. FUNDING SOURCE Funding is available from 001-4131-572-63.40 (Parks Maintenance/Recreational Improvements). RECOMMENDATION The Parks and Recreation Department recommends purchase of the seven (7) shelter/bench units from Contract Connection, Inc. in the amount of $19,933.15. QU4TATInN Quote No: QUO-10625 Version No: 0 Quote Date: 01/14/2008 Today's Date: 01/15/2008 Sales Person: Sack Dzoba Sates Person 2,: Entered By: )ack Dzoba Ship Via: Best Way Factory: Contract Cannectlon Inc. .r 504 South 2nd Street Jacksonville Beach, Florida 32250 Voice:904-249-5353 Fax:904-249°8177 PO sax 330067 Atlantic Beach, Fl 32233 Voice: 904-244-5353 Fax: 904-249-8177 QUOTE T0: Delray Beach parks & Recreation 50 N.W 1st Avenue 17elray i3each, FL 33444 Attn: Alberta Gaum Rickard Phone: 561°243-7136 Fax: 561-243-7268 JO8 NAND: Delray Parks -Shade Benches l3PDATED betray Beach Parks & Recreation 802 N.E.lst Street Delray Beach, F 33444 .Attn: Alberta Gaum Rickard :phone: 561-243-7136 Fax:561-243-7268 Vendor Catalog Description Quantity Unit Price Discount Amount WV-SH300D Sheiter/3-Seat Single Bench -Diamond 7 $2,519.00 5.00% $16,751.35 WV-AP104N Arai Package w/ back (sat of 4) For City Limits & 7 $112.00 5.00% $744.80 Shadeland Nsodels This Quote is for NtATERiAL CAST ONLY Refer to Quote No Ver far lnstallatian Price includes: Freight, Standard Colors Price excludes: ins'sde delivery, liftgate forklift, Offloading, Assembly, & Installation, Site work, storage Notes: Lead time is 4-6 weeks from order. Discount price per PB CO BID 05-074/MP. Tax Exempt: Yes Office: North Florida Office Credit Report t2equired: No Rayment Terms: Net 30 Lead Time: 2I29l2008 Price Protected: 2;3512008 Additional Discount: Material Subtotal: $17,496.15 Tax: $0.00 Freight: $2,437.00 TOTAL = $19,933.15 Prepay Amount: $0.00 Pln~aa Remit All Pavments o AtlantFc Beach Past X14 pn the first day of each month, Invoices over 31 days old are subject to a service charge of 1 1/2a/o per month. Signing and accepting the Quotation above also actcnawledges acceptance of this interest. Approval and acceptance of this proposal may be executed by signing below and Faxing back to the office checked above. Susan Gift Cn:npany: Authorized Purchaser: Data: Title: Oboes in: Florida, Georgia, North Carolina, South Carolina, Alabama & Mississippi Page i of 2 By combining the attributes of a bench or table with a partial shelterlsunshade, you have the Wabash Valley Shadeland Series. When a big shelter is just not a feasible solution for your layout needs, these individual units }ust might hit the spot. Wabash Va1Sey's Shadeland Series is protected by one or mare of the following peCents: D481,$025; [7468,8375.Other patents pending. ~fl 7 ~, ~, 'r '~'- ~; ?~_ 5~9ADELAND BENCH/SHELTER COMBO Patented Our 6` shelters can be purchased as a stand alone shelter or you can order with attached seating. We offer four types of bench styles, 3-seat single units, 3-seat double units, b' single units and b' double units, Bench seats and shelter roofs '' >3re available in either Plastisol coated expanded metal or perforated steel For the utmost in corrosion proofsng all supports are fabricated from aluminum tubing and zinc coated steel which are then powder coated. These shelters are made for longevity. As added accessories, choose our arrn packages, set of two for 6' seat units and set of four for 3-seat units ;' (double the quantity ordered for double units). To ©rder: select model number, pattern option and color choice (calm- charts found an pages 16~ - 163). Wabash Valley's Shadefand Series is protected >ay one or more of the following patents: 07481,$025; 07468,8375.Other patents pending i Pattern Options .................... Diamond (D) Perforated (P) Model Descri Lion W 1 Price W t ! Arice SFf000 Shelter Qni 53S lbs. $1,65 i.00 543 lbs. $1,695.00 5H300 Sheiterl3-Seat Sin ie Bench 7121bs. 2,464.00 B34 lbs. 2,519.00 SH400 Shelterl3-seat Double Bench 795 lbs. 3,057.00 1031 fbs. 3,!72.00 SH305 Shekerl6' Sin le Bench 774 lbs. 2,339.00 808 lbs. 2,374.00 5H405 5helterib' Double Bench 853 lbs. 2,588.00 913 lbs. 2,630.00 Model Accessories for items above Pattern O Lions -NIA W t /price APi02 Arm Packa e set of 2 7 lbs. $ 54.00 AP104 Arm i'acka a set of 4 14 fbs. 109,00 Specifications tan be found an page 147. 69 ~_ ~ • ,SC' ~ ~ St uG L ~: nn.~ ~ t~7 Gt~i rte/ Fm:Tricia_Thomas To:Alberta Gaum {15612437268) 14:01 g3f25lQ8GNiT-Q4 Pg Q2-p2 m, ~ ~ ~ ~ ~~ ~ ~ ~ r ~ Ptease make POs and contracts out td: Please mail checks td; Page 1 of 1 lit ~~ >=x erfs ,!xf P!a ~ Oufdaor S aces ~, ;~.; ~ ~ ~ Rep Services, Inc. Rep Services, Inc. 902 Waterway Place 962 Waterway Place Longwood, FL 32750--3573 Longwood, FL 32750--3573 Quilted To: City of Delray Beach Ship Ta; Clty of Delray Beach Bilt To: City of betray Beach Parks and Recreation Parks and Recreation Parks and Recreation 50 NW 1st Avenue 50 NW 1st Avenue 50 NW 1sf Avenue Delray Beach, FL 33444 [7elray Beach, FL 33444 Delray Beach, FL 33444 Attn: Alberta Gaum Attn: Alberta Gaum Rftn: Alberta Gaum Phone: 561-243-7136 Phone: 563-243-7136 Phone: 561-243-7136 -Fax: 561-243-7268 Fax: 561-243-7268 Fax: 561-243 7288 Shipping: Best Way Freight: Prepaid "terms; Net 30 With CREDIT APPROVAL FOB: Destination Proposal No: 3089 g 1'roposat Dated: 31 2 512 0 0 8 Project iD: 4040 Optidn: B Revision: 0 Proposal Expires: 4/2412008 Proposal Name: City of Delray Beach Shelters For Questions Calt: Tricia Thomas Ph : 4Q7-831-9658 Project Drawing Nd: 55215-6 Sales Rep: 1<evin Furman Ph : 561-333-4451 Project Contact: Alberta Gaum E-Wiaii: kfurmanOa repservtces.com Project E_ocation: 50 ~3W 1st Avenue input Ly: TT Delray Beach, FL 33444 Class Parf No. Qry Description Ofscaunt Unit Wt Unit Price Ext. Weight Ext. Price PorierCorp Shelters CP-55215-& 7 Pofigon Shetters-SUNBMR by 966 $3,590.0Q 6,7&2 $25,130.00 PorterCorp fnr City of Delray Beach. SUNB Multi-Rib Metal Roof wlsingle sided recynled bench. Wind Toad 140 tvIPH. E-Coa#lPowder Coat. Subtotal PorterCorp 6,7&2 $25,130.00 Equip Prop: $25,13t).[}0 Other Charges: Sealed Eng. Dwgs: $533.33: $533.33 Freight Charge: $1,878.00 Order Total; $27,641.33 Notes: Engineering Charges includes 2 Gaicuiatians Books and 4 Drawings. Additional charges are necessary for additional calculations and/or drawings. Please call the office with quantities and a revised quote wilt be prepared. Anchor Baits provided by others. This proposal is fnr material, freight and applicable tax only. BUILDING PERMITS , SITE PREPARATION, UNLOADING, ASSEMBLY, INSTALLATION, AND SURI=ACING - BY OTHERS. (THC DRIVER }!VILE NOT UNLOAD THIS SHIPMENT, SO PURCHASER iS REClUtRED TO MAKE ARRANGEMENTS FOR UNtOADING.} Signed and Sealed ENGINEERING Drawings far building permits will be provided to contractor applying fnr the permit within 4 weeks after receipt of Order. Factory Fabrication will begin AFTER receipt of a copy of the Building Permit. Please provide Building Department permit application requirements for wind speed and exposure classification along with how many sets of signed sealed drawings are required. When placing an order, please confirm your color selections as shown on page 51 of the 2Q07 catalog. Please Hate #here are three color options that may apply: Frames, Multi-rib roofing and Standing Seam Roofing. WRITTEN COLOR SELEGTION AND SUPPORT OPTION (DtREGT BURY, SURFAGE MOUNT, OR OTHER) MUST ACCOMPANY THE 51GNI=D PROPOSAL OR PURCHASE ORDER. Shipping Notes: To order, please sign below and return to Rep Services inn. at the address or fax number noted below. Thentc You. Name Date !Ne are pleased to provide you with this proposal. ALL PQ's AND CONTRACTS SHOULD Bt~ SUBMITTED A5 NOTED 1N "f"HE HEAf7ERl I€ you have any questions, please contact us at: REP SERVICES, INC. ~ 902 Waterway Place • ~.ongwaod, ~L 32750--3573 = 407.831.9658 {P) • 407".834.5366 (F) 800.$82.5357 • t?ffices Statewide • www.repservices.com ~~=~ ~. ~. ..1 ~® SSB TG AS, SUNSHELTER WITH ATTACHE[) BENCHES SST TG AS, SUNSHELTER WITH ATTACHED PICNIC TABLE & BENCHES he Square 12-Z has two buried columns and can be ordered with eifher a gable or hip roof. The hip roof SQft 12-2 is shown on page 17. The ~~ overall roof dimension is 12'x12'. 1~~' small ~~lelt~'.~°S- St2R t 2-2 MR SSI~, SUNSHELTER WITH SPECIAL DISPLAY CASE Friday, February 23, 2008 '11:03 AM l~ntes#awantana 772-569-8393 ins<~~ ~.c~~cr~ Lena 1~.a7 ~~~~~~~ Cate fa"tkfF7r~it#~ nfzr?rz{}os z:~~s l~lam~ ! A(lrlr(~;~s Ship `! a _ --- ~.. 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I5 ltUt ZU I)c ulnSltili;l+~[j r7iSrt l71 ~,))Iti I]rc~lir7saE kul9~:yy Ihia wtls prrvir)usfy discusacc! z:tad .~,',#'u't'.l't I,E()Elrk i#.rlal 3y.~#()L"41{14N1iy krslcrf .3.e {7drt eft!)€S prU~7U"3a1. S)Flrti'l'ax I?.xc,~s~pt - Certificate Nccilecf w~ tl.t)3)"/r O.UO _ "'"' It'.4 )sei-r, sA, T;rl,:;s.4r,rt~ tvUrl~il~~; Wiilz yot,i ,_,._,,. ~ Atrtltcsri2:r. f~9tly 1t ~':l1c _ _ .._ .~...._,- ~nt. t{> ncrfcsrm wcs!'i; Sigma#urb ""it _ .. _. -.......... ~eCtililL'ti 'rA~i)f)YC .. ... r?I-IFSf7{7 ~ ("'a'ia,' ~ 1=~~3'rlitil ~. ~6(7 ~k#6 5(it-'i45»~94a ;y61-74S.~i7~1f1 11 erriic y ~ ~ y r~ (tt.nt:;rl.cpli] p y tuww, 33 it:;af'ella,Yiilrk.CSkrIF Friday, Fe~,ruary 29, 2008 11:03 Aivl Ernesto San#ena 772-669-8993 ~_.. ~ ~ f ~ ~~ ~, ~ ~„ -....~ Jti ~~ 1 I ri o «7 c~ _..._... ~, cp ~ P s. c~ Sept 4,3, ~ ~' iw~ 4Rr 4.i~ ./," J1. FRAA.G'lT ~a~~~ Il~ilu~-she3.ter SEF- G$- 2F' ~~- q4- ~'~- x in t~ w ~ ! ICI m FiFI_f~ Nn'fE,;, ~ ~ Gi3E.U3~4hE TQ NAVE ~tiN1MU~) 4'-0" I.i! ~_~ ~'MBEQb~ENT UPf CONGRE'TE ~NCA~EMEN't'. ~ ~ ~7 L W.1 T __ _.. *d- p.11 Phone: 772-28~--600 Pt7 ~nx 25 ,.-....w~,w 1 of 9 f ak_ 772-• 2i38-~2Q7 ;#~nrt, I~~L 34~~ 30--year shit~~l~~ nr metal panet~ over ~.._ .o.,-. ~--~- MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: March 24, 2008 SUBJECT: AGENDA ITEM 8.K.4 -REGULAR COMMISSION MEETING OF APRIL 1, 2008 PURCHASE AWARD/DUVAL FORD ITEM BEFORE COMMISSION City Commission is requested to approve $164,481.71 for the purchase of five (5) replacement Ford Crown Vic Police Interceptors vehicles from Duval Ford for a cost of $121,325.00, per Florida Sheriff's Association contract (FSA-Bid #07-15-0827) specification #1 and $43,156.71 to Emergency Vehicle Supply for the City of Delray Beach Police car preparation package including graphics, lighting, electronics and installation, per email vehicle parts list quote dated 03/14/2008. BACKGROUND Replacement of five (5) City Police vehicles due to age and life-to-date maintenance cost. Dealer Type Cost Contract # Duval Ford North- (5) 19,846. each Duval Ford North - (5) 4.419.00 each VS-Police Car Prep kg. w/installation - (4) 8,849. 2008 Ford Crown '::$99,230.00 .........;;.FSA-Bid #07-15-0827 Vic Required $22,095.00 :FSA-Bid #04-12-0823 Accessories/Warrant~~ Graphics, Lighting, :$35,397.40 Email Quote Electronics, etc. :Dated 03/14/2008 EVS-Police Car Prep ':.Supervisors' Car - :$7,759.31 Pkg. w/installation -(1) 'no prisoner partition S7.7S9.31 Total $164,481.71 Quote 03/14/2008 Replacing Police vehicles number 1002, 1027, 1136, 1139 and 1330. FUNDING SOURCE 501-3312-591-64.20 GARAGE FUND/CITY GARAGE/VEHICLE REPLACEMENT/ MACHINERY/EQUIPMENT/AUTOMOTIVE RECOMMENDATION Purchasing and Fleet recommends the purchase of the five (5) 2008 Ford Crown Vic Police Interceptors vehicles from Duval Ford North, for $121,325.00 as replacements. Per Florida Sheriff's Association contract (FSA-Bid #07-15-0827) specification #1 and $43,156.71 to Emergency Vehicle Supply for the City of Delray Beach Police car preparation package including graphics, lighting, electronics and installation per vehicle parts list quote dated 03/14/2008. ~. ~ :> ~~ FA - ~~ F`LORiDA AR Abavt Florida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION FULL SIZE PURSUIT VEHICLES - RWD (POLICE PACKAGE} SPECIFICATION #1 2008 Ford Crown Victoria (P71/720A) The Ford Crown Victoria (P71/720A) 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 13AS1; PRICE: $]9,9]8.00 $19,846.00 $19,846.00 $19,846.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most oven 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 cast of any of the following equipment items you wish deleted from the base unit cost andlor add the cost of any equipment items you wish added to the base unit cost to determine the approximate cast 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 appropriake dealer in your zone when preparing your order. Additional addldelete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Please refer to the °°Overview of Awarded Speciiications'° for vehicles which were low bid. All vehicles indicated with the are low bid for Sid 07-15-fl827 -those indicated with ~*, are low bid for Bid 06-14-0821 and 06-14-0821 A. Sid Award Announcement (07-150827) 73 VEHICLE: Crown Victoria Crown Victoria Crown Victoria Crown Victoria (P71/720A} (P71/720A) (P711720A) (P711720A} DEALIER: Orville Seckford Duval Ford Duval Ford Duval Ford Ford-Mercury ZgNE: Western Northern Central Southern BASE PRICE: $]9,918.00 $19,846.00 $19,$46.00 $19,846.00 Northern & Central Order Code Delete Options Western & Southern STD 2 'Black vinyl floor covering `Std = Std2 H 3 :Cloth rear seat in lieu of vinyl $65.00 t $65.002; z HS1aAT 96A t :Front door body side molding ~ $30.00 E ~ $30.002 179bA 2 54M ~ 5" round dome lamp ~ NCB ~ NC2; 54M 2 NA 2 ;Spade saver spare tire in lieu of full size spare #ire NA ~ NA2; Northern & Central Order Code Add Options Western & Southern O 45C ~ ' Limited slip differential ', $125A0~ ! $125.OOz 45C 2 ' 3.27 DR 73DQ 3.55 ~165AD E 177 t :.Silicone hoses $320.00 ~ ; $320.002; 177 2 I PSS ~ ~~ Priority startlbattery saver $390.00 E $147.002 DP5 2 ~ 3 NA 2 Engine: V8, Hemi, 5.7L NA NAZ? 41H ~ :Engine block heater $35.00 ' $35.002` 41H a 68P z ~~Policeprep package ~ $2,075.00 _ $2,075.002` b8P ~ 65U t "Police prep package - "Ready For the Road" $4,120.00 $4,120.002:` 65U 2 6SN ~ `Visibility package base ~ $1,955.00 ~ NA2 65N 2 65W ~ :Visibility package $3,090.00 $3,090.002;, 65 W 2 60S ~ ~ Fire suppression system € $3,495.00 ': $3,495.002? 60S 2 ~ i t TAT ~ ~ Tremco anti-theft -foot activated, dealer installed ~ $240A0~ j $148.002; DTA 2 ~ ': R 2 I Rechargeable mag light $320.00 $135.002-` ~ 187 ~ ~Raofwiringwithhole E $195.00 `:. $195.002 187 2 Bid Award Annaurecement (07-I 5-0827) 7d VEWCLE: Crown Victoria Crown Victoria (P71/720A} (P711720A) DEALER: Orville Beckford Duval Ford Ford-Mercury ZONE: Western Northern BASE PRICE: $19,918.00 $19,846.00 I89 ' ~ Raof wiring without hole 189 ~ 179-172-175' 'Accessory feed wires for police equipment DPW/179-172-476 2 ;includes #8 Power wrre for console 2 p 14T' ~ Kevlar trunk package 14T ~ 61H ~ Ignition powered trunk button, factory installed 61H 2 41A' `Comfort and convenience group 41A 2 750A ' `Street appearance group 750A ~ 64N' Full wheel covers 64N 2 DNT 2 !Nitrogen filled tires including spare fire 58Z' AM/FM radio with single GD ssz 2 Crown Victoria (P71/720A) Duval Ford Central $19,84b.00 77D' Daytime running lights 77D 2 SPG ~ '. Sunscreen privacy-glass DPG 2 craraD,ar~x rrNr 2 H z `Heavy duty padded cloth bucket front seats with rear cloth bench seat na P' `Cloth split bench -front 88P 2 21 A ' ;Driver seat only - 6 way power 21A 2 128-12Y' 'Carpet (installed} 128 2 67R' Rear door locks & handles inoperative ~ 67R 2 RDLH ' Rear door locks & handles inoperative, dealer modifiction DRL 2 3 ~ 948 ' 2 ,Rear windows inoperative 948 525 ' `Cruise control 525 2 53M' :Radio noise suppression 53M 2 ~ 478 ~ ` Courtesy light~~disabled~ 478 2 Crown Victoria (P71/720A) Duval Ford Southern $19,846.00 $55.00' $85.00 $110.00' ~ $17a.o02 $190.00' ~ $19a.oa2 $60.00' ~ $60.002; $750.00' ~ $760.00 $125.00' $155.00; $45.001; $45.0021 NA $ls5:ao' $50.00 ~ $390.00 ~ $65.00 ~ $90.00 ~ $380.00' i $125.00; $185.00.2 ~ $so.o0 $275.00° NA2 $90.00 ~ ~' $380.00'; -$125 AO' ? $125.002, i $25.00' ~ $25.0021 s $390.00' I $38.002 $25.00' ' $25.002; $225.00' $225.002` $95.00' $95.002' i $20.00' X20 00( Bid Award Announcement (07-I 5-0827) 75 VEHICLE DEALER: ZONE: BASE PRICE: Crown Victoria (P711720A} Orville Beckford Ford-Mercury Western $14,418.00 Crown Victoria {P711720A) Duval Ford Northern $19,846.00 Crown Victoria (P711720A) Duva[ Ford Central $19,846.00 59M f ~ Side air protection (may affect cage availabi]ity} 59M z LDTF ~ Legal deep tinted film, lifetime warranty, dealer installed DDT2 TK ~ Third key DTK 2 432-439 I ~ Keyed alike 43- 2 3 14R ~ ii Factory remote keyless entry with 2 fobs included. 14R 2 '. One Extra Key FOB,895 2 96B ~ ;Front door moldings, not installed 96B 2 ® VV SS ~ ~` Vent visors -stick-on style SVV 2 ' RSF ~ ? Rainshields -flange style FVV 2 DBRW ~ Door blank & rear window barriers with manual lack override {Setina, Pro-Gard, DRW 2 ~ Cruisers or approved equivalent) i MRNURL tlNLOCKDEYICE 2 ~ 98G t ~ 1 ?Locking gas cap 11 {~p/~ 70tiJ 2 i ! 3 952-953-955 ~ ~ Two-tone paint ~ 952 2 ' C3H E ,Class III hitch with 2" ball, dealer installed DC3 ~ CPLB -LED 2 1 Code 3 (Model #FSA-CPLB-23-47A3} See Emergency Vehicle Lighting TIER ~ ;Specifications (Part D) CPLB -LED 2 TIER2 I E CPLB - STROBE ~ 3 Code 3 (Model #FSA-CPLB-X~47A16) See Emergency VeiiicleLighting CPLB - 5TROBE 2 ~ Specifications (Part:D) CPLB - ;Cade 3-360 {Model #FSA-CPLB-47A18) See Emergency Vehicle Lighting HALOGEN ~ ;Specifcations (Part D) CPLB- HALOGEN2 DRPLB -LED 2 D&R Electronics (PART #PLFS46-2fNSS-XX} See Emergency Vehicle Lighting TIER ~ Specifcations (Part D) DRPLB -LED 2 TIER ~ DRPLB - LED ~ D&R Electronics (PART #PLFS46-IINSS-XX} See Emergency Vehicle Lighting DRPLB -LED 2 Specifications (Part D) Crown Victoria (P71/720A) Duval Ford Southern $19,846.00 $300.00 ~ $300.002 $390.00 ' $255.002 $92.00 $87.002 $50.00 ~ $50.002 $255.00 ~ $255.002 $30.00 ~ ~ ~ NC2 $144.00 ~ $109.002 $144.00 ~ ~ i $89.002 i $390.00 ~ ~, $407.00 $10.00t = $10.002 $690.00 ~ , $690.002: $320.001; $495.0021 $3,395.00 $3,021.002; i 3 3 $2,395.00 `~ $2;109:00? $2,195.00 ' $1,950.002 NAB NA2. NAB ':, NA2 Bid Award Announcement (07-I 5-0827) 7b VEHICLE: Crown Victoria Crown Victoria Crown Victoria (P71/720A) (P71/720A} (P71I720A) DEALER: Orville Beckford Duval Ford Duval Ford Ford-Mercury ZONE: Western Northern Central BASE PRICE: $19,918.00 $19,846.00 $19,846.00 RDHWL 1 'Rear deck halogen warning lights -red and or blue flashing RDH ~ RDSWL ~ Rear deck strobe warning lights -red and or blue flashing RDSZ RDLWL ~ 'Rear deck LED, GEN 3 minimum, warning lights -LED lights.may be blue, red, RDL 2 amber or any combination -specify color 51 A 1 51 A 2 'Left-hand pillar mounted 6" spotlight with clear halogen bulb 'Driver's Ba/listrc Door: add $1295; Drrv/Prtss doors add $1485 z 51 Y 1 ~ Right-hand pillar mounted 6" spotlight with clear halogen bulb 51 Y ~ ? DUAL spoTLrGrrT 1 Dual spot Lrghts 2 SGL 1 ': Strobe grille lights, 2 minimum (Whelen, Federal, Code 3 or approved equivalent) SGLZ LGS 1 'LED, GEN 3 minimum, grille lights, 2 minimum -LED lights may be blue, red, LGL 2 ;' amber or any combination -specify color (Whelen, Federal, Code 3 or approved equivalent) RVMS 1 'Rearview mirror strobes (Whelen, Federal, Code 3 or approved equivalent} RMSZ LRVM 1 :LED, GEN 3 minimum, rearview mirror flashing.Iights:- LED lights may :be-blue; RML 2 ;red, amber or any combination.- specify color.(Whelen; Federal, Code 3 or ;approved equivalent) RMAS ~ ;Roof-mount amber strobe beacon (Whelen, Federal, Code 3 or approved DAS 2 `: equivalent) DUAL AMBER STROBE 2 STL 1 Strobe trunk lights, 2 minimum (Whelen, Federal, Code 3 or approved equivalent) TSL 2 LTL ~ ~ LED, GEN 3 minimum, trunk lights, 2 minimum -LED lights may be blue, red, TLL 2 ;amber or any combination -specify color (Whelen, Federal, Code 3 or approved equivalent) HTL 1 ~ Halogen trunk lights, 2 minimum (Whelen, Federal, Code 3 or approved THL 2 ~ equivalent} SIDA ~ ~ Strobe Integra[ directional arrow activated in lightbar {with controller if required). NA ~ 'Requires purchase of lightbar. LIDA ~ FLED, GEN 3 minimum, integral directional arrow activated in lightbar (with NA 2 ~ controller if required) -LED lights may be blue, red, amber or any combination - specify color. Requires purchase of lightbar. HIDA ~ Halogen integral directional arrow added to lightbar {with controller if required) NA2 TDL 1 Traffic directional LED, GEN 3 minimum, arrow with 6 modules (with controller TC6 2 if required). TC8 MODEL UPGRADE ADD $755 2 Crown Victoria (P71/720A) Duval Ford 5outhem $19,846.00 NA1 $230.002' $395.00 ' $289.002 $395:001 ~ $358.002 $190.00 ~ $190.OOZi $340.001 ~ $340.OOZE $420.00' ~ X289.042` $469.001 € $305.002:; E 1 E $469.00 ~ E $355.00; $469.001{ $365.042' 3 t 3 $296.001; $338.002 $396.001 ~ $273.002 $420.001 ~ $355.002 NAl ' $248.002 Incl.l ' NA2 `• Incl.1 ~ NA2' i NA1 NA2' $546.001 = $488.00 Bid Award Announcement (07-15-08.27) 80 MEMORANDUM TO: PATSY NADAL FROM: KEVIN RUMELL, FLEET MAINTENANCE SUPERINTENDENT SUBJECT: EMERGENCY VEHICLE SUPPLY DATE: MARCH 24, 2008 The original quote from Emergency Vehicle Supply was for the installation of a complete equipment, electronics, and lighting package for our Police Patrol cars. This quote was for $8,929.30, and included a Sirius Satellite Radio system and Sirius FM connect. The City Manager has instructed that we remove these two options fxam all future Police cars that vae equip. The email from Rob Windesheim directs me to deduct $59.99 far the Sirius System plus $20.00 installation labor for each car, resulting of a price of $8,$49.31 per Patrol car. The second quote from Emergency Vehicle Supply is for the installation of a comparable package, less the AEDEC prisoner seat and Setina Lexan cage, and has the Sirius System removed From it as well; this is far a Supervisors car, at a cost of $7,759.31. I have requested approval to have Emergency Vehicle Supply perform the installation of the aforementioned equipment packages on four (4) Patrol cars and one (1) Supervisor's car, at a cost total of $43,156.55 Page 1 of 2 Nadal, Patsy From: Rumen, Kevin Sent: Monday, March 24, 2008 'I'i:58 AM To. Nadal, Patsy Subject: FW: Delray Beach Spreadsheet (Confidential) Attachments: Final Vehicle Parts List II 030608.x1s Kevin G, Rumell Fleet Maintenance Superintendent City of Delray Seach Office {561) 243-7333 Fax (561) 272-5366 Email ruiaa~ell@ci.delray-lE~each.fl.us ~ IFrorn: Robert Windesheim [mailto:rwindesheim@llevs.com] Sent: Friday, March 14, 2008 10:28 AM To: Rumell, Kevin Subject: Delray Beach Spreadsheet (Confidential) Kevi n- Please see the attached product spreadsheet for your review. As you can see from the list, there is an extensive amount of equipment in each vehicle. If the city manager would like to review the spealnc pricing far this contract, I would be happy to meet with him and the purchasing department to discuss. Due to the competitive market in which we work, we have worked very hard to make sure our pricing is competitive and will make ourselves available to anyone at the city who would like to review the detailed information privately. Thank you for your understanding. Rob Windesheim Emergency Vehicle Supply 4661 Johnson Road, Suite 1 Coconut Creek, FL 33073 (T) 954.428.5201 (F) 954.425.5202 ti~~'. IEVS.com NOTICE: This message contains confa.dential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. 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C7 z cr p w w ~n t~ cn U cn U m r~ cn c~ cn c~ w ~ ~ J •a J a J a J a J a J a ....f a J a J a J a J a J a J a Z c~ ,Z 0 Z 0 Z 0 Z 0 Z 0 Z 0 Z ~? d ~ •z (? z C7 z C? z t9 z c7 z C7 z t7 z C7 z C9 z C9 z C7 z C7 z C7 z W ~ ~ ~ ~ ~ ~ ~ ~, n ~ u) J vs J rn J u) J v~ J in J v) J v~ J cn J m J v~ J v~ J v~ J © Z ~ p U W U W V W V w C .~ w v w ~ rA ~ w (A w ~ 4' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q J ^ J W 1 W J 41J J W J w J w W ~ _ ~ Q O w ^ W ^ W ^ W ^ W ^ W ^ W ^ W ^ W ^ UJ a a » w ^ w ^ W ^ W O W ~ cA d3 Z ~ ~ ~ ~ ~ C3: ~ ~ ~ OC ~ a' a (/} U [i u7 u) u) u) v) u) ~ ~ ~- ~ ~ W ° ~ F O U7 ~ z Z f/~ ^ E~ u) ^ Q- (A (A cA w w w w u3 w w w W w w u. w t~ W ~ W r.,_ ~ w 0 z 0 z w w w w w w w w 0 U 7 W ~ W 0 Cn ° ^ ° ^ ° ^ ° © ° 0 ° ^ a a ~- 0 a a s- a a a ~u » W 7 w ~ U C? - ~ ~ ~ W ~ Q a = U m ~^ ~ w m ^ w » LU > w MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire Chief THROUGH: David T. Harden, City Manager DATE: March 21, 2008 SUBJECT: AGENDA ITEM 8.K.5 -REGULAR COMMISSION MEETING OF APRIL 1, 2008 PURCHASE AWARD/INSIGHT PUBLIC SECTOR ITEM BEFORE COMMISSION City Commission is requested to approve $35,759.00 for the purchase of seven (7) Vista Laptops from Insight Public Sector. BACKGROUND This purchase continues the installation process of these units in vehicles assigned to the Fire-Rescue Department. This technology increases communication and dispatching capabilities, reduces radio traffic, provides viewable data screens for dispatch information, mapping and arrival codes, and provides an additional communication pathway with secure transmission. The project includes the purchase of seven (7) Vista Laptops with accessories, docking stations, and a three (3) year warranty. Pricing for this project per Florida Contract #250-000-03-1 totals $35,579.00. FUNDING SOURCE Funding is available through CIP account #334-6112-522-64.90 RECOMMENDATION The Fire-Rescue Department Staff recommends that the purchase of the Vista Laptops from Insight Public Sector be approved. ~~. ~ -. """ . r ~e ~~~. i ~ ~~~~~~ Request for Quotation ®elr~e~ ~ea~ Fire Re~~r~e Greg Giaccone Date: Respondent flame: Terms l=refight 3/20/2008 Brian Lai3adie: 888-544-7440 x7029 30 days None PRICIPIG PER FLORII3A Co1dTRACT 250-00(3-03-1 Panasonic CF 3fl Qty dart # Descri~tign @.friit Tots] ' ~F-19FCGCpCfY1: -t' --ta CdA* Intef Cori 2 Duo x,7500 1.06Ghz (Centrino},:10,:4" XC~A. vr.=i~ 3 y5~ 'JO ~,,,9~ ~;.,;' C ~gitizer`; B~GB, .] GB, Intel 802.11a/b/g, Dual pass thros~gh(Upper U~'~,'1.~;CJ; ~. ~o+.,er; WLAIV}, 1NinXP TaEalet, TPM1.2,GPS, Siuetooth,. Rubber. E~ar~lit ;ti ~ ~, , es-zior~ E~;':=~:~ Re•;.: A, No Optical 7 CF-LNM'BA60]:GIS ?~ ~i ~:eii~ ':~-rr~ ,r~, T GB - 50: DIMM 2D.0,-piii - ~CiR II -faetorr _-~t~~~r~:,.~d'' ~~l~~;C~~~ ;$945.~U;O GF-~/DitRT3l9 ~ =eni~ ~ 'JBI? ~ ;I I Uls~: drive - CD-RUC,'. 1 C ..~ i~.r::iP 1 ..a ~l;c. - Fli ~;,t ~ ; a $'304.00: '$3'04:.0 ~tiC tb_i ._ 7 ','P14TG50-i253 ~ in~l F'A1~5 + ~ _ F~vt_i ~darae~~ - cai`'-; 3 p srz (e:;ter i~ I '$1Q5.Oq' $735:.Qp 7 CF-5VGL1"f~9F,3;y R ~ ~SGrii rq>=f-;:' i. n':~'It~~ 1 '~i.ranCa- - p trrs anil Isbnr- yiat•5 $.250.00 $1,750.00 SYsipping $O.CfO `"f'OTAL ~31fi9~.0E3 Docking Station Qty S~art .i ©escrp*ian Unit 7"otal 7 c35.GF:x9. _EC?.CO ~~:fFDocic Dotkin.g station - $5r3U.0C '4,t'hU,OU Shipping ~~i,t]0 TDTAL $4~~50:(i0 Thank you for contacting Insight and allowing us the opportunity to assist you with your needs. We appreciate being considered as the source for your cornputer product requirements. Should you have any questions, or wish to place on order glease contact env of your Florida PuFslic Safety team i~elow. Brian LaBadie Brian Mayer Ricardo Pryor Account Manager Inside Salves Representative Territory Account Manager 888-544-7440 x7029 80(3-543-2437 407-925-8003 Insight Public Sector Insight Pubiic Sector Insight Public Sectnr 2701 ~ Rocky Point Ave 218 East Orange Ave 1370 Grafton Ct Tampa, FL 33707 Lake Wales, FL 33853 Oviedo, FL 327fis Fax. 484-760-9151 Fax:48(3-760-9162 Fax: 480-760-9162 .., ,: P~~,~SiIC r~,~~~mr Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: March 24, 2008 SUBJECT: AGENDA ITEM 8.K.6 -REGULAR COMMISSION MEETING OF APRIL 1, 2008 PURCHASE AWARD/ON-SITE EQUIPMENT/WHEEL ALIGNMENT MACHINE ITEM BEFORE COMMISSION City Commission is requested to approve $18,287.00 for the purchase of an upgraded, replacement wheel alignment machine with attachments for the City garage from On-Site Equipment, d/b/a Triptow Enterprises per proposal valid through 04/10/2008. BACKGROUND The wheel alignment machine is used to align the directions of a wheel to reduce excessive tire wear and steering problems. The current wheel alignment equipment is obsolete. With many repairs and adjustments, the equipment is not performing to standard. Proposals: !On-Site Equipment d/b/a Triptow ;Enterprises Aff~rdahle Aut~m~tive Equipment Mohawk Lifts FUNDING SOURCE 501-3311-591.64-90 Garage Fund /Machinery/Equipment RECOMMENDATION 18,287.00 18.795.00 ~ 18.840.00 Purchasing and Fleet recommends the purchase of one (1) replacement wheel alignment machine for the City garage per proposal submitted in the amount of $18,287.00 from On-Site Equipment d/b/a Triptow Enterprises including all essential attachments. l"~ I~UNT~R >~gr~rtaening' Can~aany SuBmli`t~ed ir,: CITY OF DEL RAY BEAGH 434 SIMNTON AVE DEi_RAY BEACH, FL 33444 5612437332 EQUIPMENT PRDPDSAL /SALES ACR,EEMEN7- Preparad an 3/11/2048 ^ Quaffed thmugh: ON SITE EQUIP. dba Tril]taw i=nt. 1405 W- STATE RO. 7 FT, tAUDERDALE, FL 33315 Tam Tripkow 5546.588410 Fax: 9545i35D481 20-9 7S2-p-'i (Mfr. sug. price: $6,18q.D0) ~s,~~a.aa P211/P411 to WinAlign WA200 Upgrade Kit ~ lJpgrades any P211 ar P411 console configuration to the latest WA2t]^ PC hardware. (No exchanges and no c#eletions)- Note that this upgrade ki# requires that a color printer and minimum 1T' UVGA manitar be present MS+~01 WM {Mfr. sug. price: $14,530,gD) ~'11,8Q4.a4 WA - WaH mounted for straight or angled therringbane) approach bays- NC MOVING PARTS> yet s#ill allows the technician to lift the vehicle to a comfortable Warliing height. includes 4 Cameras, High Definition Targets, Wheel Adaptors ar~d turr~ple,#e bridges. as 21$4-9 (Mfr- sug- price: $230.OD) $19D.00 Walt Mount Fxtensian Ifit - Adds up to 25 112" to HS401WM configurations- Far detaits refer to HS401WM Site ReRuirem®nts Form 5645T and HS401WM Site Requirements Farm 5654T 201978-4 (Mfr- sug- price: $224.00) Adaptor -Wheel Dff Adaptor - (set of two) Allows faster and accurate alignment ad~ustrnents by removing the whBel and attaching the sensor directly to the lugs. Includes 2 Wheel Off Adaptors 975-37fi-1. (Requires WinAfign# 9.0) $175.a0 Page 2 20-2050-1 (Mfr. sug. price: $350.00) $272.00 D5P600 I_ivr; Rids Height Targets -For Use wi#h sll bSP$00 sensors. Includes four l_i~ Ride Height Targets and 20 adhesive strips. (Requires WinAlign# 9.0) This proposal is good through 41101.2008 Product SuhTotal Proposal includes inskallatian and on-site #raining by a Hunter Technical Representati4e + freight (estimated Electrical and compressed air connections to equipment are not included an this quotation + labor' Estimated deli~ry: 10 working days ar less from receipt of order. Freight charges are additional. Additional labor charges listed are necessary to ®To#al this quotation adapt new hardware to existing cabinetry. Stems on this quote: 1 20-1752•P~ 1 5,350.00 1 HSd01WM 19,$00.00 1 24-2184-1 190.04 1 20-1978-1 175.00 i 24-2054-1 272.40 $17,587.00 $900.00 $300.00 $18,287.00 Accepted by: Position: Date: Method of payment (lease ar cash}: Purchase order number: Prepareaf by: Jim Harper 9$31 Aloe Rd. l3oyntan Beach, FI. 33436 561-742.9273 Cellular 561-438-67B3 l=ax 56'l-742-927 ha rperji~bel Isoutit. net V E-melt: afiordabisequip~ctl.rrcam ~~~r ~. ~ ~~~'i f~ ~ryvw a~fardab4eauEornatiYSat}uip..~ ~E ~~~ ~j #28 Barr Stneet • Ortando, Flor3d>w 32$08 Fax: {~~ 293.9985' (407 291.7'. • 1-9Qt3~~ 20~ • 1-80()-2-~0~ ~~ ~JN'IDj/ ~fr' , i i ir+.W+rruw. r~r~~~~.~r~rr r6. ~f -T! J~ yKEv~rv ~ r~ ~9R7R1PTiOh! DATA ~ ~/ ~~ PRIC$ EAC## ~ TOTAL ?~r ~y I ~ a ~ ~' ~/~ .~ s6 ~ r ~- k~{,~I„ ,rte ~ •~ ~._____- .l ~ ~ ~ N ~'~ SUBTOTAL ~J sa>'.~~ TAx SHrQPINa CHARGES ~ TOTAL ~~ HlliNT~R ~~~ ~~~Y Submitted to; Ci-l"Y OF DIFL RAY BEACH 434 SWINTpN AVE DELRAY Br=ACH, FL 33444 5612437332 EQUfP,MENT PROP~S,QL / SALES AGREEMENT Prepared orl 3JT/2008 Quoted through: MDHAWK LIFTS P.©. Box 114 Vrooman A~ MOHAWK IN©USTRIAt PARK Amsterdam, NY 12010 Ray Pedrick 518-842-1431 Fex: 518-842-1289 2i]-1752-P-1 (Mfr. sug. price: $6,950A0) $6,706.24 P211JP411 to WinAligrl WA200 llpgrade Kit -Upgrades any P211 or P411 consoie configuration to the latest WA20t} PC hardware. (NO exchanges and na daletions). Note that this upgrade kit requires that a color printer and minimum 17" UVGA monitor be present. HS441WM (Mfr. sug. price. $14,530.x0) X11,783.96 WA -Wall mounted for straight or angled (herrlllghone) approach buys. NO MOVING PANTS, yet still allows the #echnician to lift the chicle to a comfortabEe ~rorking height. Includes 4 Cameras, High Defini#ion Targets, Wheel Adaptors and #urnplate bridges. 2U 29841 (Mfr, sug. price: $230.00} $190.37 Wall Mount Extension Ki# -Adds up to 25 1/2" to HS4Q1 WM Configurations. For details refer to HSa41WM Site Requirements Form 5845T and HS401WM Site Requirements Farm 5854T 20-1978-1 (Mfr. sug. price: $224.00) Adaptor -Wheel OfFAdaptor - (sei of two) Allows faster and accurate alignment adjustments l,y removing the wheel and atiaching the sensor directly to the lugs. Includes 2 Wheal Off Adaptors 9 75-376-1. (Requires WtnAllgn# 9.0) $181.87 ~~ Page 2 20-24501 (Mfr. 5ug- Price' $350.Ot7) X283.85 DSP640 Live Ride Meight Targets -For use with ail DSP6Q0 sensors. Includes four Lire Ride Height Targets and 20 adhesive strips. (Requires 11~nAlign# 9.4) This proposal is goad through 4/612Qt)8 Proposal includes installation and on-site training 6y a Hunter Technical RepresentEatiue Electrical and compressed air connections to equipment are nQt included on this quotation Estimated delivery: ~~ Product SubTotai $18,74Q-49 + freight (estimated) $400.00 + lat~or $3fl0.00 ~ Totsl this quotation $18,840.09 ;ema qn this quote: 1 20-1752-P-1 5, 7U0.24 1 H54fl1UVM 11,783.98 1 ZU-218A-1 190.37 i 20-197$-1 181.67 1 20-205D-1 283-85 Accepted by: Position Date; Method of payment (lease or eash)~ Purchase order numt~er._ F~repar~ed by: Eugene R iCunc ~i99 Candlestick Avg tdE Palm gay 3Z 1 917-2&65 GellUlar 321 817-2665 genekunc~yahoo-com MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services THROUGH: David Harden; City Manager DATE: March 24, 2008 SUBJECT: AGENDA ITEM 8.K.7 -REGULAR COMMISSION MEETING OF APRIL 1, 2008 CONTRACT AWARD/ EIMCO WATER TECHNOLOGIES ITEM BEFORE COMMISSION An award to EIMCO Water Technologies in the amount of $88,812.00 for removing and rebuilding the drive motor assembly on Clarifier #2 at the Water Treatment Plant as part of the Clarifier Rehabilitation project. EIMCO is the equipment manufacturer for the drive motor assembly. BACKGROUND Rehabilitation work on Clarifier #2 at the Water Treatment Plant has been programmed into the current year's budget. Staff requested and received an allocation of $250,000 for this project. Part of the rehabilitation will consist of sandblasting and painting of all steel components inside the clarifier reactor unit. Before sandblasting can commence, the equipment manufacturer (EMICO) recommends removal of the drive motor assembly to avoid any possible contamination from sand blast media. Due to the size and configuration of the drive motor, completely covering the unit, yet being able to get close enough to sandblast supporting steel components, is not an option. While the motor assembly is removed, EIMCO will rebuild the unit to include replacement of bearings, seals, gaskets, retaining rings, drive control, and gearboxes on the rake and turbine. The unit will be re-assembled, painted, and inspected. EIMCO will provide a one year warranty on parts and workmanship. It has been over ten years since this unit was last rebuilt. The award for sandblasting and painting of the unit is under a separate agenda item. FUNDING SOURCE Funding is proposed from account #442-5178-536-64.90, Water and Sewer Renewal & Replacement Fund/ Other Machinery and Equipment, in the amount of $88,812.00. RECOMMENDATION Staff recommends award to EIMCO Water Technologies, the equipment manufacturer, in the amount of $88,812.00 for the removal and rebuilding of the drive motor unit assembly on Clarifier #2 as part of the Water Treatment Plant Clarifier #2 Rehabilitation project. I~ >1+~i~T~~~:TE~H ~ ~~1 E~ eii~c~iTer~ aura arr~r~a~urc•oo~aly~ Sao peoc~a• don~+~nwooo •naxa PREPARED FOR Proposal No. Q023495-TAR Date: March 4, 2008 Page 1 of 9 City of Delray Beach, FL WTP 200 SW 6t'' Street Delray Beach, FL 33444 561-243-7318 561-243-7316 Fax Attention: Mr. John Bullard pun.r~,~T~ Rebuild of existing C54/C72P EIMCO drive unit 65' dia. Reactor Clarifier Serial # 22695-01 PREPARED BY EIMCO Water Technologies 4255 Lake Park Blvd., Suite 100 Salt Lake City, Utah 84120 Terry A. Reyburn Phone (801) 931-3239 Fax (801) 931-3090 terrv.revbl~rnn~lv.com - PROPOSAL - EIMCO Water Technologies, LLC 4255 Lalce Pads Blvd., Suite 100 • Salt Lalce City, Utah 84120 USA Tel: (801) 931-3239• Fax: (801) 931-3090 www.eimcowater.com I~ >1+~i~T~~~:TE~H ~ ~~1 E~ eii~c~iTer~ aura arr~r~a~urc•oo~aly~ Sao peoc~a• don~+~nwooo •naxa PROJECT SUMMARY: Proposal No. Q023495-TAR Date: March 4, 2008 Page 2 of 9 EIMCO Water Technologies (EWT) is pleased to provide the following proposal to rebuild (1) existing EIMCO C54/C72P drive unit. This price includes the removal and re-installation of this drive after the rebuild process is complete. The Reactor Clarifier is a 65' dia. tank with the Serial Number 22695-O1. Rebuild C54/C72P Scope of Work: EWT will provide materials and labor to perform a standard rebuild of the existing C54/C72P drive at our Florida authorized rebuild center as follows: Disassemble and Insuect / Completely disassemble drive into individual parts and components. / Steam clean and inventory all parts. / Provide an evaluation report indicating the condition of all parts and sub-components and recommendations for the scope of the rebuild. Report shall be available within (2) weeks after receipt of customer's equipment in the EWT rebuild center. / Provide a firm quote based on the evaluation report findings and recommendations. Standard Rebuild / Blast clean bases, main gear, housings, covers, and end cap. Machined surfaces are not blasted. / Replace all wear items i.e. bearings, bearing strip liners, bearing balls, seals, gaskets, keys, retaining rings, grease fittings, gauges, piping and fasteners. / Replace drive control. / Deburr and hand dress teeth of all gearing, pinions, worm gear assemblies, worms and shags. / Replace both gearboxes on the rake and turbine complete including the sprockets and chain. / Polish all shafts. / Completely re-assemble, paint and inspect equipment. Tnemec 161 epoxy sky blue paint @ (4 mils DFT and an SP-6 blast will be applied as a standard. / Test run the rebuilt equipment under a no load condition. / Warranty parts and workmanship for (1) year. Non- Standard Rebuild items- not included / Replacement of gears, pinions or housings if required / Replacement of precision bearings (the precision bearing for the turbine will be re-used) / Special paint / Replace torque transmitter, if required / New operation and maintenance manual PROPOSAL EIMCO Water Technologies, LLC 4255 Lalce Pads Blvd., Suite 100 • Salt Lalce City, Utah 84120 USA Tel: (801) 931-3239• Fax: (801) 931-3090 www.eimcowater.com I~ >1+~i~T~~~:TE~H ~ ~~1 E~ eii~c~iTer~ aura arr~r~a~urc•oo~aly~ Sao peoc~a• don~+~nwooo •naxa Proposal No. Q023495-TAR Date: March 4, 2008 Page 3 of 9 Note: Price based on a typical (standard) rebuild and does not include the replacement of major components. If these items are in need of replacement they will need to be added to the order. Labor Services: EWT will supply supervision, labor, service and equipment necessary to complete this rebuild project. The drive will be removed and rebuilt during the blasting and painting of the steel components in the tank. We include: • Site mobilization • Removal of the existing drive • Rebuilding of existing drive • Replacement of old gearboxes and other components as mentioned above. • Re-installation of newly rebuilt drive unit • Support of superstructure as needed • Crane, Mats, rigging and related equipment • Demobilization of personnel and equipment. • Rake and drive re-leveling • One shift, 10 hours per day • Field service -one trip one day on site. (check out and start-up services) • We will also provide new 304SS squeegees and 304SS fasteners. These will be installed by us and adjusted during the start-up service portion. We do not include: • Draining, cleaning and filling of tank • Lubrication for drive units • Electrical connections or disconnection. • Over-time work hours • Disposing of old debris. Drive rebuild & Labor Services ........................................$88,812.00 Price is based on locating the crane adjacent to the tank. EWT anticipates 2 days to remove the drive, 2 weeks to rebuild it and 2-3 days to re-install & re-level the drive. EWT serviceman will be on site during the start-up service to approve the operation of the Reactor Clarifier. Note: The paint contractor might need to stop back by after the drive installation and touch up in minor areas that could be scrapped during the drive re-installation. - PROPOSAL - EIMCO Water Technologies, LLC 4255 Lalce Pads Blvd., Suite 100 • Salt Lalce City, Utah 84120 USA Tel: (801) 931-3239• Fax: (801) 931-3090 www.eimcowater.com I~ >1+~i~T~~~:TE~H ~ ~~1 E~ eii~c~iTer~ aura arr~r~a~urc•oo~aly~ Sao peoc~a• don~+~nwooo •naxa PRICING TERMS Proposal No. Q023495-TAR Date: March 4, 2008 Page 4 of 9 All prices quoted are in US Dollars. Prices are good for 120 days. After expiration of the pricing effective period, prices will be subject to review and adjustment. Prices quoted are FOB point of shipment, with freight included to an accessible point nearest the jobsite. Federal, state or local sales, use or other taxes are not included in the sales price. PAYMENT TERMS Payment terms are: NET 30 of invoice date Any credit application is subject to approval by the EIMCO Water Technologies Credit Department. Purchaser shall remit payment for proper invoices received from EWT in accordance with the payment terms stated above even if the Purchaser has not been paid by the Owner, provided the reason for such non-payment by the Owner is unrelated to the performance of EWT. Invoices are payable in 30 days. Unpaid invoices are subject to a service charge of 2% per month. If Purchaser requests or causes cancellation, suspension or delay of Seller's work, Purchaser shall accept transfer of title and pay Seller all appropriate charges incurred up to date of such event plus Seller's overhead and reasonable markup. Additionally, all charges related to and risks incidental to storage, disposition and/or resumption of work shall be borne solely by Purchaser. Full payment for all work shall be due and payable thirty (30) days from the date work is placed into storage. TAXES Federal, State or local sales, use or other taxes are not included in the sales price. Such taxes, if applicable, shall be for Purchaser's account. FIELD SERVICE When noted in the equipment pricing of each proposal item, EWT will supply the service of a competent field representative to inspect the completed installation and adjustment of equipment, supervise initial operation, and instruct Owner's personnel in the operation and maintenance of each proposal item for the number of eight (8) hour days as specified in this offering. - PROPOSAL - EIMCO Water Technologies, LLC 4255 Lalce Pads Blvd., Suite 100 • Salt Lalce City, Utah 84120 USA Tel: (801) 931-3239• Fax: (801) 931-3090 www.eimcowater.com I~ >1+~i~T~~~:TE~H ~ ~~1 E~ eii~c~iTer~ aura arr~r~a~urc•oo~aly~ Sao peoc~a• don~+~nwooo •naxa Proposal No. Q023495-TAR Date: March 4, 2008 Page 5 of 9 If additional service is required, it will be furnished to the Purchaser and billed to him at the current rates listed in the EIMCO Water Technologies North America Field Service rate sheet (attached). It shall be the Purchaser's responsibility to provide for all necessary lubrication of all equipment prior to placing equipment in operation. All equipment must be in operating condition and ready for the Field Service Engineer when called to the project location. Should the Contractor not be ready when the Field Service Engineer is requested or if additional service is requested, the EWT current service rates of $750 per day will apply for each additional (8) eight hour day plus travel and lodging expenses incurred by the service personnel during the additional service days. SURFACE PREPARATION AND PAINTING GENERAL INFORMATION Shop primer paint is intended to serve only as minimal protective finish. EWT will not be responsible for condition of primed or finished painted surfaces after equipment leaves its shops. Purchasers are invited to inspect painting in our shops for proper preparation and application prior to shipment. EWT assumes no responsibility for field service preparation or touch-up of shipping damage to paint. Painting of fasteners and other touch-up to painted surfaces will be by Purchaser's painting contractor after mechanism erection. Clarifier motors, gear motors and center drives shall be cleaned and painted with manufacturer's standard primer paint only. It is our intention to ship major steel components as soon as fabricated, often before drives, motors and other manufactured components. Unless you can insure that shop primed steel shall be field painted within thirty (30) days after arrival at the jobsite, we encourage you to purchase these components in the bare metal (no surface preparation or primer) condition. EWT cannot accept responsibility for rusting or deterioration of shop applied prime coatings on delivered equipment if the surfaces thus primed have not been field painted within thirty (30) days of arrival at the jobsite and manufacturers' standard primers are used. Other primers may have less durability. GENERAL ITEMS NOT INCLUDED Unless specifically included above, prices quoted by EIMCO Water Technologies do not include unloading, hauling, erection, piping, valves, fittings, stairways, ladders, walkways, grating, wall spools, concrete, grout, sealant, dissimilar metal protection, oakum, mastic, field painting, oil or grease, electrical controls, wiring, welding, weld rod, protection against corrosion due to unprotected storage, special engineering, or overall plant or system operating instructions. EIMCO Water Technologies disclaims any liability for claims resulting from unauthorized changes to Operations and Maintenance manuals and other documents. - PROPOSAL - EIMCO Water Technologies, LLC 4255 Lalce Pads Blvd., Suite 100 • Salt Lalce City, Utah 84120 USA Tel: (801) 931-3239• Fax: (801) 931-3090 www.eimcowater.com I~ >1+~i~T~~~:TE~H ~ ~~1 E~ eii~c~iTer~ aura arr~r~a~urc•oo~aly~ Sao peoc~a• don~+~nwooo •naxa WARRANTY AND CONDITIONS Proposal No. Q023495-TAR Date: March 4, 2008 Page 6 of 9 EIMCO Water Technologies standard Terms and Conditions for Provision of Services and Products, QFORM 0115-02031 and the EIMCO Water Technologies Standard Equipment Warranty, QFORM Ol 15-02032 are attached and made essential parts of this proposal. These terms and conditions and warranty replace and supersede any terms and conditions or warranty included in Buyer or Owner requests for quotation or specifications and cannot be changed without written approval from an authorized representative of EIMCO Water Technologies. ATTACHMENTS: EIMCO Water Technologies Standard Terms and Conditions, QFORM 0115-02031 (For Provision of Services and Products) EIMCO Water Technologies Standard Equipment Warranty, QFORM 0115-02032 EIMCO Water Technologies North American Field Service Rate Sheet PROPOSAL EIMCO Water Technologies, LLC 4255 Lalce Pads Blvd., Suite 100 • Salt Lalce City, Utah 84120 USA Tel: (801) 931-3239• Fax: (801) 931-3090 www.eimcowater.com TERMS AND CONDITIONS FOR PROVISION OF SERVICES AND PRODUCTS ACCEPTANCE: This Proposal shall become a binding contract as accepted by BUYER, only when approved in writing BU herein by an authorized employee of SELLER at its office in Salt Lake City, Utah. DELNERY: (a) Any statements relating to the date of shipment of said equipment represent SELLER'S best estimate, but shipment on such date is not guaranteed, and Seller shall not be liable for any damages due to late delivery. (b) Said equipment shall be delivered FCA to the point or points herein specified. If such delivery is prevented or postponed by reason of any embargo, government ruling, strike, accident or other cause beyond SELLER'S reasonable control, SELLER shall be entitled at its option to tender delivery to BUYER at the point or points of manufacture, and in default of Buyer's acceptance of delivery to cause the equipment to be stored at such a point or points of manufacture at BUYER'S expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this agreement. (c) If shipment is postponed at request of BUYER, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from SELLER that said equipment is ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by SELLER with respect to said equipment shall be for the account of BUYER and shall be paid by BUYER when invoiced. (d) BUYER assumes all risk of lags, destrusion or damage to said equipment after delivery thereof a9 herein specified. (e) SELLER shall have the right to make partial shipments and invoices covering same shall be due and payable by BUYER in accordance with the terms above specified. 3. TITLE: Said equipment shall remain the personal property of SELLER notwithstanding delivery and regardless of the extent to which it may be affixed to, or used in connection with, realty until the full purchase price has been paid, The giving and accepting of drafts, notes and/or trade acceptances to evidence the payments due shall not constinrtz or be construed a9 payment so a9 to pass title until said drafts, notes and/or trade acceptances are paid in full. 4. PAINTING: Equipment shall be painted in accordance with SELLER'S standard practice, and purchased items such a9 motors, controls. speed reducers, pumps, etc., will be painted in accordance with manufacturer's standard prasice, unless specified otherwise. 5. WARRANTY: (a) Any new equipment or parts manufactured by SELLER shall be backed by the EIMCO Water Technologies USA Ina Standard Mechanical Warranty Form No. QFORMEWT OLLS-02032 Rev A, incorporated herein a1 an integral part of these Terms and Conditions. (b) THERE ARE NO WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OF SAID EQUIPMENT OR ANY OTHER WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) CONCERNING THE PERFORMANCE CAPABILITY THEREOF, OR ANY OTHER REPRESENTATIONS OR GUARANTEES, OTHER THAN THE WARRANTIES, REPRESENTATIONS AND GUARANTEES SET FORTH IN (A) THIS PARAGRAPH, (B) SELLER'S MECHANICAL WARRANTY FORM NO. QFORMEWT OLLS-02032 Rev A, OR (C) THOSE WHICH SHALL BE SPECIFICALLY DESIGNATED BY SELLER AS A GUARANTEE UNDER THE HEADING OR TITLE'PERFORMANCE GUARANTEE" APPEARING THEREON. 6. CONFORMANCE WITH LAWS, CODES, ETC.: If applicable laws, ordinances, regulations or conditions require anything different ffom, or in addition to, that called for by SELLER'S drawings and specifications, SELLER will satisfy such requiremenn at BUYER'S written request and expense upon receipt of proper specifications before commencement of manufacture. 7. PATENTS: SELLER will defend at its own expense any suit instituted against BUYER so far as it is based upon claims that any equipment item furnished hereunder in and of itself constitutes an infringement of any presently issued Canadian or United States patent, if notified promptly in writing and given authority, information, and assistance (at SELLER'S expense) to defend and settle the same, and SELLER shall pay all damages and costs awarded therein against the BUYER by reason of such infringement. Furthermore, in case the use of said equipment is enjoined in such suit or in case SELLER otherwise deems it advisable, SELLER shall, at its own expense and discretion, (a) procure for the BUYER the right to continue using said equipment, (b) replace the same with non-infringing equipment, (c) modify it so it becomes non- infringing, or (d) remove said equipment and refund the purchase price less freight charges and depreciation. SELLER shall not be liable for any patent infringement resulting from (a) the use of the equipment to conduct any process other than that for which it was furnished by SELLER, (b) compliance with equipment designs furnished by BUYER or (c) use of the equipment in combination with any other equipment. The foregoing states the sole liability of SELLER for patent infringement with respect to said equipment. 13. TECHNICAL DESCRIPTION: BUYER is responsible for compliance with the operating conditions specified in this proposal and with the technical data furnished with the inquiry specifications and utilized for the selection and sizing of the equipment as outlined in "Technical Description". Deviation from these conditions and/or data could adversely affect the efficiency and operation of the equipment offered. 14. INDEMNITY: SELLER agrees to defend, indemnify, and hold harmless BUYER, iti officers, agenn, and employees from and against any and all su iti, claims, actions, legal proceedings, demands, or liabilities and any and all costs, expenses, liabilities, including attorney s fees associated therewith, made againstBUYER which arise, directly from the SELLER'S negligent acts, errors or admission during performance under this agreement BUYER shall be responsible for iti negligent acts, however, nothing herein shall be deemed a waiver of sovereign immunity beyond the limits set forth in Florida Statute 768.28. 15. FORCE MAJEURE: If either party is rendered unable, wholly or in material part, by reason of Force Majeure to carry out any of iti obligations hereunder, other than the obligation to pay money, then on such party giving notice and particulars in writing to the other party within a reasonable time after the occurrence of the cause relied upon, such obligations shall be suspended "Force Majeure" shall include acts of God, laws and regulations, strikes, lightning, fire, flood, washout, storm, breakage or accident to equipment or machinery, and any other causes that are not reasonably within the control of the parcy so affected. 16. INDEPENDENT CONTRACTOR: It is expressly understood that SELLER is an independent contractor, and that neither SELLER nor its principals, partners employees or subcontractors are servants, agents, partners, joint ventnres or employees of BUYER in any way whanoever. 17. SEVERABILITY: Should any provision of these Terms and Conditions, or any agreement incorporating these Tenns and Conditions therein, be held to be invalid or unenforceable by an arbitrator or coup of comperentjurisdision or in confiis with the governing country, state, province or local laws, then the validity of the remaining provisions, and portions thereof, shall not be affected by such unenforeeability or invalidity and shall remain in full force and effect. L8. Consequential damages- Neither party will be liable for consequential damages of any sort L9. The laws of the State of Florida shall govern and venue be in Palm Beach County, Florida. 8. MODIFICATION, WAVER AND RESCISSION: This contras shall not be modified or rescinded and no provision hereof shall be waived after it has been approved in writing by SELLER at in home office in Salt Lake City, Utah, except by a writing si6med by an authorized employee of SELLER at said home office. A waiver of any provision hereof in any instance shall not constitute a waiver of the same or any other provision hereof in any other instance and shall not affect or impair in any manner or respect the right of SELLER to avail inelf of and enforce any of the terms and conditions of this contras subsequent to such waiver. 9. TERMINATION BUYER may terminate this contras for convenience upon notifying SELLER in writing of such fas and paying SELLER for all cosh and expenses (including overhead) incurred by it in performing iti work and closing out the same plus a reasonable amount thereon as profit 10. LIABILITY: Notwithstanding any liabilities or responsibilities assumed by SELLER hereunder, SELLER shall in no event be responsible to the BWER or any third party in contras or in tort, or otherwise, for lots or damage sustained a1 a result of the operation of the equipment, loss of use, expenses involved in loss of capital claims or BUYER'S loss of profit or revenues, or any other indirect, incidental, special, or consequential loss or damage, whether arising from defects, delay, or from any other cause whatsoever. 1 1. ENTIRE AGREEMENT: BWER hat notice that only authorized employees of SELLER have authority to bind SELLER to any ageement, promise, representation or statement relating to the matters covered hereby and which are not herein contained. These Terms and Conditions are intended by the parties a1 the final expression of their ageement and is the complete and exclusive statement of the terms thereof. 12. DRAWINGS AND TECHNICAL DOCUMENTATION: (a) When BWER requesn approval of drawings before commencement of manufacture, shipment may be delayed if approval drawings are not returned to SELLER within L4 days of receipt by BWER of such drawing for approval. (b) SELLER agrees to supply not more than six complete sett of general and eresion drawings and erection and operating instructions Additional yeti, if requested, will be for the BUYER'S account (c) Unless otherwise agreed, SELLER will furnish only general arrangement, general assembly, suggested wiring diagrams and erection drawings in English measure and in English language. Detailed manufacturing drawings and material lists will not be fumished. Installation and operation-maintenance manuals for SELLER'S proprietary equipment will be supplied in English. 06/02 70f 9 QFORM 0115-02031 REVS EIMC~ `1+V~-7E'RTECH NOLOG I ES A subsidiary of Dorr-Oliver Eimco USA Inc. Proposal No. Q017195-TAR Date: February 6, 2004 Page 8 of 9 Equipment or parts manufactured by EINICO Water Technologies., ("EWT"), is backed by the following warranty: Solely for the benefit of the original user, EWT warrants that all new equipment and parts manufactured by it and provided to the original user (collectively, "Products") to be free from defects in material and workmanship for one year from the date of shipment of each Product by EWT (the "Warranty Period"). If any of EWT's Products fail to comply with the foregoing warranty, EWT shall do one of the following: (a) repair or replace free of charge to original user, EX WORKS EWT's factories or other location that EWT designates, any Product or parts thereof returned to EWT, which examination shall show to have failed under normal use and service by the original user within the Warranty Period; provided, that if it would be impracticable for the Product or part thereof to be returned to EWT, EWT will send a representative to the original user's job site to inspect the Product. it is determined after inspection that EWT is liable under this warranty to repair or replace the Product or part thereof, EWT shall bear the cost of returning the Product to EWT for inspection or sending its representative to the job site; however, if it is determined after inspection that EWT is not liable under this warranty, EWT's customer or the original user shall pay those costs; or (b) at EWT's sole option, refund all or part of the purchase price allocable to the defective Product, or parts thereof. For EWT to be liable with respect to this warranty, the original user must make its claims with respect to this warranty in writing no later than 30 days after the date the original user discovers the basis for its warranty claim and in no event more than 30 days after the expiration of the Warranty Period. In addition to any other limitation or disclaimer with respect to this warranty, EWT shall have no liability, with respect to any of the following: (i) failure of the Products, or damages to them, due to original user's negligence or willful misconduct, abuse or improper storage, installation, application or maintenance (as specified in any manuals or written instrnctions that EWT provides to the purchaser); (ii) any Products that have been altered or repaired in any way without EWT's prior written authorization; (iii) any Products damaged while in transit or otherwise by accident; (iv) decomposition of Products by chemical action, erosion or corrosion or wear to Products caused by abrasive materials; or (v) claims with respect to parts that are consumable and normally replaced during maintenance such as filter media, filter drainage belts and the like, except where such parts are not performing to EWT's estimate of normal service life, in which case, EWT shall only be liable for the pro rata cost of replacement of those parts based on EWT' estimate of what the remaining service life of those parts should have been; provided, that failure of those parts did not result from any of the matters listed in clauses (i) through (iv) above. With regard to parts, equipment, accessories or components furnished bythird-party suppliers, EWT's liability shall be limited solely to the assignment of any third- party supplier's warranties available to the original user with respect thereto. It is the responsibility of EWT's customer or the original user to hire or retain engineers and other experts to determine the suitability of the Product for the original user's use. EWT shall not be liable for the design or suitability of any Products for any particular use (except to the extent that a warranty or guarantee with respect to such a matter is expressly set forth in a written document executed by an authorized representative of EWT). In malting interpretations of data, EWT's employees will give its customer the benefit of their reasonable professional judgment as to the correct interpretation, but EWT cannot and does not guarantee the aceuracy or correctness of these interpretations (except to the extent that a warranty or guarantee with respect to such a matter is expressly set forth in a written document executed by an authorized representative of EWT). EWT's quoted price for the Products is based upon this warranty. Any increase in warranty obligation may be subject to an increase in price. THE PARTIES AGREE THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR STATUTORY, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ALL WARRANTIES AND OBLIGATIONS OF EWT SHALL TERMINATE IF: (1) EWT'S CUSTOMER OR ORIGINAL USER FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES; OR (2) EWT' CUSTOMER AND THE ORIGINAL USER FAIL TO PAY ANY CHARGES OTHERWISE DUE EWT. EWT shall not be liable for any indirect, special, punitive, exemplary or consequential damages, including damages for lost production, plant shut-down, service interruptions, increased expense of operation, increased costs of power supply, loss of use of capital, lost revenue, lost product, lost profit or lost business opportunities, from any cause whatsoever, including the negligence of any person or entity. PROPOSAL EIMCO Water Technologies 2850 South Decker Lake Drive • Salt Lalce City, Utah 84119-2300 USA Tel: (801) 526-2430 • Fax: (801) 526-2562 www.eimcowater.com EIMC~ `1+V~-7E'RTECH NOLOG I ES A subsidiary of Dorr-Oliver Eimco USA Inc. NORTH AMERICAN FIELD SERVICE RATE SHEET 2005 Proposal No. Q017195-TAR Date: February 6, 2004 Page 9 of 9 Standard Dail Rate 8 hour da) $ 850.00 Hourl Rate 4 hour minimum) $ 106.25 Saturday Dail Rate 8 hour da) $ 1,275.00 Hourly Rate (4 hour minimum) $ 159.37 Sundays/Holidays * Dail Rate 8 hour da) $ 1,700.00 Hourl Rate 4 hour minimum) $ 212.50 Overtime ** Hourl Rate -Standard Da $ 159.00 Hourly Rate -Weekends & Holidays $ 212.50 ** For all hours worked over eight (8) hours per day UNLESS OTHERWISE ARRANGED; EXPENSES ARE CHARGED AT ACTUAL COST PLUS 10% Please Note: • All of the rates provided are portal to portal In addition, travel and living expenses will be invoiced at actual cost PLUS 10 % and documentation will be provided for these expenses. If a fixed living expense daily rate is required it will be charged at $175.00 per day (lodging and meals). Travel on Saturday, Sunday or Holidays, and after 8 hours per day will be billed at the overtime rate. • Use of DORR-OLIVER EIMCO Fleet vehicles for travel will be charged at the rate of $0.50 per mile. PROPOSAL EIMCO Water Technologies 2850 South Decker Lake Drive • Salt Lalce City, Utah 84119-2300 USA Tel: (801) 526-2430 • Fax: (801) 526-2562 www.eimcowater.com MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 25, 2008 SUBJECT: AGENDA ITEM 8.K.8 -REGULAR COMMISSION MEETING OF APRIL 1, 2008 CONTRACT AWARD/RANDOLPH AND DEWDNEY, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $97,536.00 to Randolph &Dewdney Construction, Inc. for the conversion of the former engineering office space to a warehouse storage space. BACKGROUND The scope of services for the E.S.D Warehouse, Open Rack Storage Project #2007-050 includes new lighting, dual overhead coiling doors, floor coatings "Armor Seal Tread-Plex", data closet enclosure, electrical, and mechanical modifications (refer to attached scope exhibit). Staff obtained three (3) quotes for the project as follows. The quotes are attached for your reference. Contractor Amount Randolph &Dewdney Construction, Inc. $97,536.00 Mouw Associates, Inc. $105,000.00 West Construction, Inc. $112,000.00 All quotes are based on the base bid scope. Alternative items listed on the proposals represent suggested scope revisions by individual respondents and are not considered in the in the base bid comparison shown above. The low quote in the amount of $97,536.00 was submitted by Randolph &Dewdney Construction, Inc. The quote includes all labor, material, and supervision necessary to convert the existing office space into an open dry storage area as outlined in teh base project scope. FUNDING SOURCE Funding is proposed from account #442-5178-536-62.10 (W&S Renewal & Replmt Fund/ Bldgs) RECOMMENDATION Staff recommends approval of a Contract Award to Randolph &Dewdney, Inc in the amount of $97,536.00 for the conversion of the former engineering office space to a warehouse storage space. March 3, 200$ Bab Diaz, Project Engineer City of Delray beach Environmental Services 434 S. Swinton Avenue Delray Beach, FL 33444 Dear Bob Diaz, RANDOLI'I~C & DEWDNEY CONSTRUCTION INC. is pleased to subpnit this letter of intent and. lump sum pricing far demolition and renovation of the Delray Beach Public "~e~rks '~'Varehouse I'raject. Randolph & Dewdney Construction lnc, proposes to provide all of the necessary labor and materials according to your construction plans and work scope fnr the base surn of $97,536.00. Please note that the proposed lump sum price also includes all general condi.ti.ans and overhead & profit to complete the specified work and a 3% factor ($2,841.00) for bond cost. Although not specified within the drawings; an add alternate consisting of topping nff existing walls to the bottom of the roof deck in storage roams #1 and #2 with 3 - S/8" studs an the framed walls and l" x 2" furring strips on black walls, hang 518" firecnde sheetrnck, finish and paint according to the applicable roam finish color can be incn~porated to the base sum and scope of work for a additional $9,960A0. if you have any questions or if we can be of any further assistance, please call (561) 276-2889. Thank you for the opportunity to submit this proposal. Sincerely, Dwayne Randolph, Principal RANDOLPII & DEWDNEY CONSTRUCTION INC. DR:ar 1191 North Federal Highway ; Delray Beach, FL 33483 °` ~~ ~ Mouw Associates, Inc. March 4, 2008 City of Delray Beach Environmental Se~°vices Depa~~t~nent 434 S. Swinton Avenue Delray Beach, FL 33444 RE: E.S.D. Warehouse (Open Rack Storage) Mr. Bob Diaz: Mouw Associates, Inc. proposes to furnish all labor, material, and equipment as necessary for the renovation of the E.S.D. Warehouse as per plans drawn by Currie, Sowards, Aguila Architects for a lump sum of: ®ne Hundred Five ..Thousand Dollars and no cents. (~~o~,ooo.oo). Listed belaw are items by Owner and Clarifications from which our proposal is based on. Items By Owner: ~.. Building Permit 2. Asbestos Survey/Removal 3. Removal of all existing furniture/warehouse fixtures Clarifications: i. Exterior painting is limited to areas of new surfaces with paint to match as close as possible. 2. Overhead Doors are figured at 8' high. 3. Overhead Doors are to be field painted. 4. Overhead Doors are to have slide locks. 5. We have included two coats of paint on the existing drywall finishes. 6. All existing doors are to be left as is. (No New Hardware) ~. We have included one test area to determine if an acceptable paint finish can be applied to the concrete floor. (see Alternate #2) ~~~~ GFRfpy~ G~i~Bf'c9~ COi1tYc'iC$QYS 409 NE 3rd Street ® ir7elray Beach, F~arida 334$3 Telephone (561) 276-9640 s FAX {561) 265-3$86 D~ AMFRI~a. City of Delray Beach RE: E.S.I). Warehouse (Open Rack Storage) Page two Alternate Number 1: DEDUCT: $5,000.00 Storage areas A-F & 3 Clean carpet by Stanley Steamer Co or equal in lieu of removing carpet, scraping and painting. Alternate Number 2: NO CI~ANGE If it is determined that we cannot prep the existing floor to an acceptable finish in order to receive paint then substitute a VCT Floor Chosen by contractor. Color by Owner. Alternate Number Delete Painting of Ceiling. DEDUC'T': X2,500.00 If you have any questions or require any additional in€ormation please do not hesitate to call. Sincerely, MOUW ASSOCIATES, INC. _i~A~~2,~;~ rn.~~,.~ Richard A. Mouw President RAM/ro ~E~T ~a~1ST'RUGTiC7N, I~VC. 318 ~. Dixie ~lwy. Suite 4 _ 5 Lake Vllorth, i= L 33460-4441 Phone (661) 588-2027 Fex {561 } 582-0419 l~ebxuary S, 2008 Bob Diaz Construction Manager City of Delray Beach 434 S. Swinton Avenue Delray Beach, f'lorida 33444 1'hone(5&1)243-7343 Mr. Diaz, It is with great pleasure that West Construction, lnc. present this proposal for the renovation of the Delray Peach Publre Works Warehousing project. We propose to perform the work associated with the drawings for a. sure of $112,a00.U0 {®ne Hundred and Twelve Thousand Dollars}a This proposal is based on the drawings by Currie, Sowards, Aquila Architects entitled Delray Public Works Warehousing; dated 11-05-07, drawings Al, A2, A3, E-Q.1,E-1.1, M-Q.l, M-1.1,M-1.2 and M-2.1. Please contact me with any questions you may have. GE~3I=RAL C®NTRAGT(~PS COIVSTZUCTIaN MA~JAGEF2S CGCQ(37966 CBC057C138 L3ESIC~ilSUIL~ SERVICES CBC1251192 AarmA 1 n-F 1 West Construction Inc. ESD WAREHOUSE CONVERSION BASE BID PROJECT SCOPE Demolition• Selective demolition including interior (stud wall) partitions and finishes, ceiling systems and fastenings, removal of all floor finishes carpet and adhesives, VCT the and thin set, removal of interior doors and frames, selective HVAC ductwork, electrical demolition and adjustments to existing fire sprinkler heads. New Construction: Patching of remaining walls to match adjacent walls including infill of existing door openings utilizing block and metal stud systems (dry walled) Painting of newly exposed bar joists system including tectum roof deck (waterborne acrylic dryfall paint (black) New electrical light fixtures, painting of all newly patched and refinished walls New wall mounted fire extinguishers New data closet (metal stud framed w/drywall) to protect existing telecommunication equipment Dual overhead coiling doors with current Miami Dade NOA's meeting hurricane wind loads. Adjustments to the existing mechanical ductwork including the relocation of air supplies using flexible duct extensions. MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: March 28, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 SOUTH COUNTY ADMINISTRATIVE COMPLEX REDEVELOPMENT PLAN -DIRECTION ITEM BEFORE COMMISSION This item is before the Commission for direction regarding the South County Administrative Complex Redevelopment Plan. BACKGROUND The attached letter from Audrey Wolf, Director of Facility Development and Operations for Palm Beach County includes a list of action items for the City Commission (on page 3) related to the South County Administrative Complex Redevelopment Plan. Staff will present recommendations at the April 1 Commission Meeting for the Commission's consideration in determining how to respond to Palm Beach County regarding the list of action items. RECOMMENDATION Provide direction for the response to Palm Beach County on the list of action items for the South County Administrative Complex Redevelopment Plan. ~~~ ~ ~ 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: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 26, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 CONDITIONAL USE REQUEST/VILLAGES AT DELRAY ITEM BEFORE COMMISSION Consideration of a Conditional Use request to allow a density in excess of 12 units per acre (24 du/ac is proposed) in accordance with the provision of the City's Family Workforce Housing Ordinance for the Villages at Delray, a 264-unit residential development located on the east side of Auburn Avenue south of SW 4~' Street. BACKGROUND The property totals 11.03 acres and is zoned RM (Medium Density Residential). The site previously contained sixteen (16) one and two-story multiple family structures which were built in 1981 and are being demolished. The Villages at Delray conditional use request is for the establishment of a 264-unit multifamily residential rental development, with 66 workforce rental units and 198 market rate rental units within seven (7) buildings. Multiple family residential developments may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Carver Estates Overlay District, subject to the provisions of Section 4.4.6(I), (Performance Standards), Article 4.7, (Workforce Housing) and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. At its meeting of February 25, 2008, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. Presentations were made by staff and the applicant. After a brief discussion and acknowledgement for the need of this type of development, the Board moved a recommendation of approval on a unanimous vote of 4-0, by adopting the findings of fact and law contained in the staff report. A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of February 25, 2008. RECOMMENDATION Approve the conditional use request to allow for a density in excess of 12 units per acre (24 du/ac) for the Villages at 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 Sections 2.4.5(E) (5) [Conditional Use Findings], 4.4.6(I) [Performance Standards], Section 4.7 [Family/Workforce Housing] and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board Staff Report. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR VILLAGES AT DELRAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on April 1, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Villages at Delray. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN A. Comprehensive Plan -Future Land Use Element Objective A-1/Future Land Use Map: Is the property developed/redeveloped so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs and is consistent with the Land Use Map? Yes No B. Comprehensive Plan -Future Land Use Element Policy C-1.7: The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to defined potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Is this development consistent with the Redevelopment Plan? Yes No C. Comprehensive Plan -Housing Policy A-12.3: 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 that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Does this project negatively impact adjacent residential areas? Yes No D. Concurrence: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No E. Consistence: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LDR REQUIREMENTS: A. LDR Section 2.4.5(E) Reauired Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No B. REQUIRED FINDINGS RELATING TO DENSITY INCREASE: LDR Section 4.4.6(8)(3) RM (Medium Density Residential) Zoning District and LDR Section 4.4.6(1) Performance Standards apply and are attached hereto to allow 264 rental units in 7 buildings. Are the performance standards in Sections 4.4.6(6)(3) met? Yes No Are the performance standards in Section 4.4.6(1) met? Yes No C. Required Findings Relating to Provision of Workforce Housing. 1. LDR Section 4.7.3 -Provision of Workforce Housing Units: Developers will be awarded density bonus units (additional market rate units), beyond the base number allowed per existing zoning ordinance after performance standards have been met, as an incentive to provide affordable housing units, subject to the limits and requirements of this chapter. a. Developers may earn bonus units by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts. b. All development shall meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. c. Workforce units shall include those units in a development, which are regulated in terms of: i. Sales price or rent levels; ii. Marketing and initial occupancy; and iii. Continued requirements pertaining to resale or rent increases. 3 2. Section 4.7.4 -Density Bonus Program for the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area: Developers of property in the Southwest Neighborhood Overlay District, the Carver Estates Overlay District, and the Infill Workforce Housing Area that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT OPTION -SALE BONUS PER WORKFORCE UNIT PROVIDED VERY LOW 60% 4 LOW 80% - 61 % 3 MODERATE 120% - 81 % 2 OPTION -RENT BONUS PER WORKFORCE UNIT PROVIDED VERY LOW 60% 3 LOW 80% - 61 % 2 MODERATE 120% - 81 % 1 LARGE HOME OPTION 4 + bedroom workforce housing units 0 Additional 0.5 bonus will be added to the bonus provided above in this chart There are 264 dwelling units proposed within the subject property (11.03 acres). This equates to an overall density of 24.0 dwelling units per acre (264 units / 11.03 acres = 23.93 du/ac). The density allowed is 12 du/ac which equates to a total of 132.36 residential units (11.03 acres x 12 du/ac = 132.36 units). The applicant is requesting an increase of 131.64 units above the 132.36 units allowed (264 - 132.36 = 131.64 units). To support the increased density, 65.82 moderate income bonus units are needed (131.64 units / 2 bonus per workforce unit provide = 65.82). Therefore, to obtain the increase density requested, at least 66 units of the 264 residential units proposed will be rental workforce housing units for low to moderate income families. It is noted that out of the 264 units proposed 198 units will be market rate rental units and the remaining 66 4 units will be workforce rental units. Out of the 66 workforce housing units proposed, 6 will be one bedroom units, 30 units will be two bedroom units, and 30 more will be three bedroom units. Is this standard met? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein 4. The City Commission has applied the most current Comprehensive Plan and LDR requirements to this development application and finds that its determinations as herein set forth are consistent with the Comprehensive Plan. 5. 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. 6. Based on the entire record before it, the City Commission approves denies the conditional use as requested and hereby adopts this Order this day of April, 2008, by a vote of in favor and opposed. Rita Ellis, Vice Mayor ATTEST: Chevelle Nubin City Clerk 5 PLANNING AND ZONING BOARD C[TY OF DELRAY BEACH -_- STAFF REPORT --- MEETING DATE: March 17, 2008 AGENDA ITEM: Iv. A. ITEM: Conditional Use Request for the Village at Delray to Allow an Increase in the Residential Density Above 12 Dwelling Units Per Acre {24 dulac proposed} Pursuant to the City's FamilylWorkforce Housing Program. The property is located on the east side of Auburn Avenue between SW 7th Street to the south and Auburn Drive to the north [625 Auburn Circle West). GENERAL DATA: Applicant ..................... Village at Delray, Ltd. Agent ......................... Weiner & Aronson, P.A. Owner ........................ Auburn Trace Joint Venture I Delray Beach Housing Authority Location .......................... East side of Auburn Avenue between SW 7th Street #o the south and Auburn Drive to the north (625 Auburn Circle West) Property Size .................. 11.03 acres Future Land Use Map..... MD (Medium Density 5-12 dulac} Current Zoning ............... RM (Medium Density Residential} Adjacent Zoning....Norti1: RM {Multiple Family Residential} East: OSR (Open Space Recrestional) South: RM {Multiple Family Residential} West: RM {Medium Density Residential) SRN ON. ~g Existing Land Use.......... Mutiple family residential development / `1~ . __ --- Proposed Land Use........ A 264-unit residential development. U Water Service ................. Water service is available via.. service S"` ' lateral connections to two existing 8" ~ ~ ~ ,.; € ~ € a water mains that traverse the site from east to west and from north to south. - Sewer Service ................ Sewer service is available via service ~ ~ H lateral connection to an existing 8" s.w. 14T,, sanitary sewer mains that traverse the site from east to west and from north to south. IV. A. l _ ~ `~ ~ ~ ~~ , ITEM BEFORE THI'B4ARD~~__~_ - - The action before the Board is making a recommendation to the City Commission an a conditional use request for Village at Delray to allow an increase above 12 dwelling units per acre [LDR Section 4.4.6{D)(12)] (24 dulac proposed}, pursuant to I.DR Section 2.4.5(E). The property is located on the east side of Auburn Avenue between SW 7th Street to the south and Auburn Drive to the north (625 Auburn Circle West). >' BAC~GR4t~~1DLPROJECT DESCRIPT[OI•t ~.. The subject property consists of Tract "G" and a portion of Tract "C", Auburn Trace, according to the Plat Baok 64, at pages 184 through 186 of the public records of Palm Beach County. Tract "G" and a portion of Tract "C", are located to the north of SW 7th Street and to the south of Auburn Drive. The area of the property totals 11.03 acres and is zoned RM (Medium Density Residential). Tract "G" currently contains six (6) one and two-story multiple family s#ructures; and Tract "C" contains ten (10) one and two-story multiple family structures. Ali existing structures contained in Tract "G" and Tract "C" were built in 1981 and are to be demolished. The new development includes the construction of a 264-units residential development, within seven 3-story high buildings which wil! contain: • Building C-1 with 24 two-bedroom units; • Building C-2 with 24 three-bedroom units; • Buildings C-3, C-4, C-6, and C-7 with 72 three-bedroom units, 96 two-bedroom units and 24 one-bedroom units; and • Building C-5 with 24 three-bedroom units. Multiple family residential developments may exceed twelve (12) units per acre, up to a maximum of twenty-four (24} units per acre as a conditional use within the Carver Estates Overlay District as defined in t_DR Section 4.7.1(c) and Section 4.5.11, subject to the provisions of Section 4.4.6(1}, Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adapted Southwest Area Neighborhood Redevelopment Plan. The 264 newly proposed residential units will include 66 workforce housing rental units containing a mix of one, two and three-bedroom units (6 one-bedroom units, 30 two-bedroom units, and 30 three-bedroom units). The balance of the development will include 198 market rate rental units {18 one-bedroom units, 90 two-bedroom units, and 90 three-bedroom units). Multiple family residential developments .may exceed twelve (12) -units .per acre, . up to a maximum of twenty-four (24) units per acre within the Carver Estate Overlay District as defined in LDR Section 4.7.1 {c) and Section 4.5.11, subject to the provisions of Section 4.4.6(1) and Article 4.7. The conditional use application includes a waiver request and a special action parking reduction request as referenced below: Planning and Zoning Board StafF,, port, Meeting of March '17, 2008: . Village at Delray - Conditignal Use bequest • Waiver to LDR Section 4.6.9 {D) {2} from the requirement that adequate maneuvering area shall be provided that will allow for a vehicle to enter and exit the parking space in a forward manner when more than 200ADT (Average Daily Trips} exist within the adjacent drive isle. This site plan provides several areas where back out parking is proposed and the adjacent traffic volumes exceed 200 ADT {336 ADT}, and thus, a waiver to this LDR requirement is being requested. • A special action reduction is also requested from 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. The conditional use application is now before the Board for consideration. r CQNDtTIONAL US! " ~ ~s"1(SIS -._.~.~ REQUIRED FINDINGS (Chanter 3): Pursuant to LDR Section 3.1.9 (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 applica#ion, the staff report, or minutes. Findings shall be made by the body, which has the au#hority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of MD {Medium Density 5-12 dulac} and is zoned RM (Medium Density Residential}. The RM zoning district is consistent with the MD Future Land Use Map designation. This area is further delineated as the Carver Estates Overlay District as noted in LDR Section 4.7.1 {c} and Section 4,5.11 and referenced in Future Land Use Element Policy A.7.2 which allows a maximum development density of 24 unit per acre. Further, pursuant to LDR Section 4.4.6(D){12}, multiple family residential developments may exceed 12 units per acre, up to a maximum of 24 units per acre as a conditional use, within the Carver Estates Overlay District, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided -to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. .Water and Sewer: Water service is available via service lateral connections to two existing 8" water main that traverse the site and are located north of Auburn Terrace street right-of--way. In addition, water service is also available via service lateral connections to two existing 8° water . main that traverse the site from south to north and are located along Auburn Circle right-of-way. There are six (6} fire hydrants that are placed throughout the existing project which will be 2 .Planning and Zoning Board Staff.. port, Meeting of March 17; 2008' . Village at Delray _ Conditional Use Kequest relocated to accommodate the proposed multiple family structures. Sewer service is available via service lateral connection to two existing 8" sanitary sewer main that run along Auburn Circle East and Auburn Circle West right-of-ways. In addition, sewer service is also available via a service lateral connection to two existing 8" sanitary sewer main that are located along Auburn Circle South right-of--way and will include the installation of a new lift station. Pursuant to the City's 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. Drainage: A conceptual engineering plan has been submitted with the conditional use application that indicates that drainage will be provided via sheet flow to catch basins (type "C" and "D" Inlet) and exfiltration trenches. The outfall of the drainage system is tied to the City's storm water system. There are no problems anticipated in retaining drainage on site and obtaining anylall necessary permits. Traffic: A traffic study has been submitted that indicates that the proposed development will generate a net of 1,148 Average Daily Trips with 80 A. M. Peak Hour Trips {increase) and 102 P.M. Peak Hour Trip. 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. Appropriate turn lane improvements in Auburn Avenue are to be provided with the related site plan submittal. Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts projects may have on City recreational facilities. Pursuant to t_DR Section 5.3.2, a park impact fee of $500.00 per dwelling unit wil[ be collected prior to issuance of a building permit for each unit for parks and recreation purposes. A total fee of $132,000 will be required of this development. Solid Waste: The proposed 264-unit residential development will generate 137.28 tons of solid waste per year {264 units x 0.52 tons = 137.28 tons). The existing 96-unit residential development generated 49.92 tons of solid waste per year (96 units x 0.52 tans ~ 49.92 tons). This will represent an increase of 87.36 tons over the current condition (137.28 tons - 49.92 tans = 87.36 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. Schools: A letter from the School District of Palm Beach County indicating that the proposed development meets concurrency standard has .been provided, and thus, school concurrency requirements have been met. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(Ey {5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. 3 PEanning and honing Board Stafr ,ort, Meeting of March 17; 2008 Village at Delray -Conditional Use Request A review of the objectives and policies of the adapted Comprehensive Plan was conducted and the fallowing applicable objectives and policies that are relevant to the Conditional Use application are noted: Future Land Use Element Obiective A-1: Property shalt 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, There are na significant environmental characteristics to the subject property. The proposed residential development will be complimentary to the existing development pattern in the neighborhaad. The additional residential units will add to the customer base for the existing commercial uses along West Atlantic Avenue and aid in the redevelopment of this corridor and the Southwest Neighborhood Redevelopment Area. The proposed development will enable the fulfillment of remaining land use needs by the provision of workforce housing, as discussed in greater detail with Future Land Use Element Policy C-1.7. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A-1, that the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfil remaining land use needs. Fufure Land Use Element Polic C-9.7: The following pertains to the Southwest Neighborhood Redevelopmenf Area. This area is generally defined as the area bounded by Wesf Atlantic Avenue on the north, SW 90t'' Street on the south, Inferstate-95 on fhe west, and Swinfon Avenue on fhe east. Many of the parcels in the area contain vacant or dilapidafed strucfures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilifafion" on the Residenfial Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopfed by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for fhe revitalr"zafion and sfabilization of fhe area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve fo define potential boundaries for fhe phased implementation of fhe various plan componenfs. Fufure development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan, and is more specifically included within sub-area #3 and is known as "The Village Center'. This sub-area extends from SW 3rd Street to S.W. 10th Street. The Agencies currently based within the Village Center corridor include the Village Academy, the Boys and Girls Club, Head Start, the Delray Beach Housing Authority, and other service providers. The Southwest Area Neighborhood Redevelopment Plan recommends that sub-area #3 (the Village Center) be redeveloped to create a seamless service network linking education, social, and recreation services and facilities to meet the needs of southwest area neighborhaad. The Southwest Area Redevelopment Plan also calls far the provision of a mix of incomes with a strong base of affordable housing units and a mixture of multi-family housing (a pa rime ntsltown homes). 4 Planning and Zoning-Beard Staff port, Meeting of March 17, 200$.. -, Village at Delray - Gonditional Use F~equest ' The proposed development will further these goals by replacing the previous deteriorated housing with a new 264-unit residential development. The proposal will include 66 workforce housing rental units containing a mix of one, two and three-bedroom units (6 one-bedroom units, 30 two-bedroom units, and 30 three-bedroom units). The balance of the development will include 198 market rate rental units {18 one-bedroom units, 90 two-bedroom units, and 90 three-bedroom units). The proposed development will improve the safety of the area as well as its long term stability. It will introduce new housing units to the area and strengthen night time security providing more "eyes on the street". The Southwest Area Neighborhood Redevelopment Plan also recommends that redevelopment in sub-area #3 be implemented by building upon traditional models of town development and architecture to enhance neighborhood character and create a sense of place. The proposed development does provide a sense of place through its use of neo-traditional architectural design. The proposed recreation area will provide a gathering place for the residents. The proposed village green area and the recreation area will also provide a sense of place #or passive recreation and community living. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, that the proposed development will fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. 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 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 that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the proposed development will replace previous deteriorated housing with 264-unit housing rental development with a mix of one, two and three-bedroom units. The provision of 66 workforce housing units will assure that the affordable housing component will be maintained within the neighborhood. Safety, habitability and stability of the neighborhood should be significantly improved by introducing additional residents into the area in new and improved housing conditions. Traffic volumes and circulation patterns shall not impact negatively the safety, habitability, and stability of the proposes[ development or the adjacent residential areas to the north and south of the property. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4,4.6 RM Zone District: Pursuant to LDR Section 4.4.6(A} Purpose and Intent: The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6} units per acre and a maximum of twelve (12) units per acre, except within the Carver Estate Overlay District and the. Southwest Neighborhood Overlay District where the maximum density is 24 dwelling units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which 5 Planning and Zoning Board Staff sort, Meeting of March 17; 2008: Village at Delray -Conditional Use ~tequest are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Southwest Neighborhood Overlay District, the Southwest 10~~' Street Overlay District, and the Carver Estates Overlay District, the actual density is also based upon the development's ability to comply with Article 4.7 (FamilylWorkforce Housing). Further, the Medium Density Residential District provides far implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which tail for accommodating a variety of housing types. LDR Secfion 4.4.611) Performance Standards: 1) Pursuant to LDR Section 4.4.6(1)(1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six {6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. 2} In addition to the above, LDR Section 4.4.fi(1)(2), it is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards, which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. The performance standards are as follows: (a} The traffic circulafion system is designed to control speed and reduce volumes on the inferior and exterior streef nefwork. This can be accomplished Through the use of Traffic calming devices; streef networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development of or below 20 m.p.h. The seven (7) rental apartment buildings which contain the workforce and market rate housing units have been oriented to front on a proposed internal street system. To reduce speed and increase the element of safety, 5' wide decorative paver crosswalks have been provided along the internal street system. These decorative paver crosswalks have been depicted on the site plan along the interior street system at various locations. Other traffic calming improvements consist of loop roads and short segments as well as separate, divided parking segments. These proposed traffic calming measures should be an adequate means to control speed at or below 20 mph. in both directions along the looped interior street system. Thus, the proposed development complies with this performance standard. 6 Planning and Zoning Board StafF .ar#, Meeting of March 17; 2008 Village at Delray -Conditional Use Kequest (b) Buildings are placed throughout the development in a manner fhat reduces the overall massing, and provides a feeling of open space. The development proposal includes the construction of 264-units within seven (7} three- story buildings which will contain a mix of one, two and three-bedroom units. The buildings in the central area of the community are located around a neo-traditional "village green". As an alternative to straight buildings, some buildings have been designed in an "L-shape" in order to provide visual relief, openness and to create and frame semi-private outdoor spaces. Despite the unusual coni'iguration of the lot, the proposed three-story rental condominium buildings have been placed on the site in a manner that maximizes the view of the proposed streetscape, walkways, and open spaces. The buildings are staggered and provide variation in the front and rear elevations as well as different roof plane changes which add visual interest to the roof line. This generates a harmonious rhythm to the buildings and provides a visually attractive appearance and streetscape. These features will help lessen the potential perception of massing of the development. Thus, the proposed development complies with this performance standard. (c) Where immediately adjacent fo residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those Lower densify areas. Building setbacks are increased by at least 25% of the required minimum; of least one tree per 30 linear feet (or fracfion thereof) is provided; frees exceed fhe required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual puffer between the properties. The surrounding residential zoning designation to the north and south is the same as the subject property RM (Multiple Family Residential -Medium Density) allowing up to a maximum of 24 units per acre (Carver Estate Overlay District). To the south is the Village Square development approved at 18.04 units per acre by the Site Plan Review and Appearance Board (SPRAB) at its meeting of November 28, 2007; north is the Auburn Trace residential development; to the east the propased development faces a portion of the Delray Beach Cemetery, and to the west is a retention area, Catherine Strong Park, and the proposed Head Start building site. Thus, the proposed development is not adjacent to any residential zoning districts having a lower density and therefore required setbacks do not have to be increased by 25°/a. A 6' high decors#ive precast wall along a portion of the west, north, south, and east sides of the property has been provided to visually buffer this site from the adjacent developments. Landscaping is proposed along the 6' high precast wall; this landscape buffer includes relocated Sabal Palm trees, Cedar trees, Laurel Oak Trees, and Yellow Geiger Trees (planted 30' on center), with under planting of Cocoplum hedge. Thus, the proposed development complies with this performance standard. (d) The development offers a varied streetscape and building design. Far example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are ofiFsef to add interest and disfinguish individual units). Building elevations incorporate diversify in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The proposed streetscape incorporates building offsets as well as variations in the roofline. The roofline is a combination of gable and hip roofs. Diversity among the windows will be accomplished with the provision of three (3) different windows shapes. The front e[evations 7 Planning and Zoning Board Staff.. rorE, Meeting of March '!7; 2008 Village at Delray- Conditional Use Request of the buildings provide the entries to individual apartment units via a breeze way that allows access at the rear of the building. In addition, a clack tower at the clubhouse provides a visual monument and creates an identity for the community. Collectively, these details provide the rental occupants an ability to identify with their community, which foster feelings of "ownership". The neo-traditional "Island Colonial" architectural style designs of the buildings face the right-of--way of the internal street and are linked up with a 5' wide walkway path system. The architectural elevations include many features and design elements, such as: crimp grey metal roofs, decorative shutters (painted blue and dark brown), balconies with anodized aluminum railings, aluminum French doors, decorative wall mounted fight fxtures, score lines and light stucco texture finishes for the lower floor, smooth stucco banding around the windows, and decorative brackets and outriggers. All seven (7} rental condominium buildings have 3-story high roof lines. The proposed buildings will have light texture color stucco finishes. The proposed architectural style ("Island Colonial", New Urbanism style}, with six different colors (white, light yellow, light green, coral island, blue, and dark brown) to distinguish group of apartments and portions of the building, will create the visually attractive streetscape and varying building designs required by this performance standard. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi- family housing will at a minimum have a mix of one, two and three. bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The project provides one, two, and three-bedroom rental condominium units. The three- bedroom units will have 1,254 square feet; the two-bedroom units will measure 900 and 955 square feet with two different floor plans; and the one bedroom unit will feature 743 square feet. Variety has been provided in terms of the size of the units to accommodate households of various sizes and ages and partially in terms of different floor plan designs. Twa different floor plan designs have been provided for the two bedroom units ranging from 900 sq.ft. to 955 sq.ft. It is noted that greater variety of floor plan designs for the one, two, and three bedroom units is required to meet this performance standard, and thus, this is attached as a condition of approval. The community also offers an extensive amenity package including, a 6,500 square foot clubhouse with a kitchen adjacent to a multipurpose room where various social programs will be offered. Based upon the above, this standard has been accommodated. (f} The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. This is a redevelopment project. Since the site has already been disturbed, no natural areas exist on site to be preserved. However, the proposed development will provide a common open space area {Village Green area) for passive recreation. The "Village Green" area will provide a gathering place for the residents. Walkways are being proposed that connect each building and eventually connect to the interior and public sidewalk system. It is Hated, that the passive recreation area known as the Village Green area shall be provided with street benches and gazebos as an additiana[ amenity, and thus, this is attached as condition of approval. Based upon the above, this standard has been accommodated. 8 Planning and Zoning Board Staff ror#, Mee#ing of March 17, 2008 Village at Delray -Conditional Use Request (g) The project provides a convenient and extensive bicycle/pedestrian network, and access fo available fransif. The development provides adequate bicycle parking facilities and a walkway pedestrian system that [inks each building to the public sidewalk system and the available mass transit system. A 5 foot wide sidewalk will meander through the community in order to provide easy access from all units to the clubhouse and recreational facilities. In addition, the applicant has incorporated a bus shelter adjacent to the community that will provide the residents with access to the downtown shuttle as well as Palm Beach Transit buses. Based on the above, positive findings can be made with respect to all seven (7) performance standards when conditions regarding the unit floor variation are met. Therefore, the performance standard requirements of the RM zoning district have been adequately addressed to support the proposed maximum density. WORKFORCE HOUSING STANDARDS FOR DENSITY INCREASE: LDR Section 4.7.3 -Provision of Workforce Housing ,Units: Developers will be awarded density bonus units (additional market rate units), beyond the base number allowed per existing zoning ordinance after performance standards have been met, as an incentive to provide affordable housing units, subject #o the limits and requirements of this chapter. a. Developers may earn bonus units by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts. b. All development shall meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. c. Workforce units shall include those units in a development, which are regulated in terms of: i. Sales price or ren# levels; and ii. Marketing and initial occupancy; and ilh Continued requirements pertaining to resale or rent increases. Section 4.7.4 Densit Bonus Pro ram for the Southwest Nei hborhood Overla District Carver Estates Overla District and the Infill Workforce Housin Area Developers of property in the Southwest Neighborhood Overlay District the Carver Estates Overlay District and the Infill Workforce Housing Area, that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families, d. The bonus allowances are set forth in Table 1 below. 9 Planning and Zoning Board Staff', ort, Meeting of March 'E 7, 2008 , Village at Delray -Conditional Use Request TABLE 1 DENSITY BONUS ALLOCATIONS iN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT OPTION SALE 1 RENT VERY LOW 60% LOW 80% ~ 61 MODERATE 120% -81 NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED 4 3 2 LARGE HOME OPTION 4+ bedroom workforce housing units Additional 0.5 bonus will be added to the bonus provided above in this chart e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to the Delray Beach Community Land Trust that will be utilized to subsidize workforce housing in the City of Delray Beach. Developers may earn one bonus unit for each payment of a sum equal to $60,000, payable to the Delray Beach Community Land Trust. Also, instead of or in addition to providing workforce housing units, developers shall earn bonus units by donating land {buildable lots) in the City Delray Beach to be used for workforce housing. The appraised value of donated land will be valued in accordance with subsection e. above and may be prorated. The appraisal shall be obtained by developer at developer's cost. g. The maximum total density of a develapment in the Southwest Neighborhood Overlay District and the Carver Estates Overlay District shall not exceed 24 units per acre. The maximum Total density of a development in the In#ill Workforce Housing Area shall not exceed 18 units per acre. All other Workforce Housing Area densities shall be limited to the maximum allowed in the zoning district and as set forth elsewhere in the Land Development Regulations. There are 264 dwelling units proposed within the subject property (11.03 acres). This equates to an overall density of 24.0 dwelling units per acre (264 units 1 11.03 acres = 23.93 dulac). The density allowed is 12 dulac which equates to a total of 132.36 residential units (11.03 acres x 12 dulac = 132.36 units}. The applicant is requesting an increase of 131.64 units above the 132.36 units allowed (264 _ 132.36 = 131.64 units}. To support the increased density, 65.82 moderate income bonus units are needed (131.64 units 1 2 bonus per workforce unit provided = 65.82). Therefore, to obtain the increase density requested at least 66 units must be affordable within the moderate income bracket. The applicant has indicated that 66 units of the 264 residential units proposed will be rental workforce housing units for low to moderate income families. It is noted that out the 264 units proposed 198 units will be market rate rental units and the remaining 66 units will be workforce rental units. Out of the 66 workforce housing units praposed 6 will be one bedroom units, 30 units will be two bedroom units, and 30 more will be 10 Planning and Zoning Board Staff' art, Meeting of March 17, 2008 Village at Delray -Conditional Use Request three bedroom units. Based upon the above, an increase in density to 24.0 units per acre can be granted. For Sale Housing Units Pursuant to LDR Section 4.7.7, there are numerous requirements that apply to the sale of owner-occupied workforce housing units. These stipulations identify the terms under which these units need to be sold such as eligibility, occupancy, and terms of purchase. A condition of approval is attached that if the units are sold it should be done in accordance with this section. Resale and Subsequent Rentals of Affordable Units Pursuant to LDR Section 4.7.8, to maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, numerous restrictions have been put into place on the rental or resale of workforce housing. A condition of approval is attached that the terms of resale or subsequent rentals of affordable units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County. Workforce Housing General Provisions Maximum Qne Bedroom Units Pursuant to LDR Section 4.7.9{c)(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project, including both family/workforce units and market rate units. The development proposal consists of 24 one bedroom units or 9.09% of the 264 total number units, and thus, this LDR requirement has been met. Ratio: Per LDR Section 4.7.9(c){i} through (iii}, the proportion of one, two, and three bedroom workforce units to total workforce units cannot exceed the corresponding number of one, two, and three bedroom market rate units to total market rate units. c. The developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate housing unit types. The following conditions must be met: i. The proportion of ~ bedroom workforce units to total workforce units may not exceed the proportion of 1 bedroom market rate units to total market rate uni#s. ii. The proportion of 2 bedroom workforce units to total workforce units may not exceed the proportion of 2 bedroom market rate units to total market rate units. iii. The proportion of 3 bedroom workforce units to total workforce units must meet or exceed the proportion of 3 bedroom market rate units to tots! market rate units, unless 4+ bedroom workforce units are provided. 11 Planning and Zoning Board Staff Cori:, Meeting of March 97, 2008 Village at Delray -Conditional Use Request O_ne_bedroom Apartments The development proposal consists of: • 6 one bedroom workforce units or 10% of the 66 total number of workforce units; and • 18 one bedroom market rate units or 9% of 198 total number of market rate units. Two bedroom Apartments The development proposal consists of: • 30 two bedroom workforce units or 45.45 % of the 66 total number of workforce units; and • 90 two bedroom market rate units or 45.45% of 198 total number of market rate units. Three bedroom Apartments The development proposal consists of: • 30 three bedroom workforce units or 45.45 % of the 66 total number of workforce units; and • 90 three bedroom market rate units or 45.45% of 198 total number of market ra#e units. Thus, based on the above figures, this LDR requirement has been met. Lot Premiums: Pursuant to LDR Section 4.7.9{e}, there shall be no lot premiums charged on the workforce housing units, and thus, this is attached as a condition of approval. Covenants Enforcement: Pursuant to LDR Section 4.7.9{g}, the City of Delray Beach, its successors and assigns may enforce the covenants relating to the workforce units. No amendments to the covenants shall be made unless by written instrument approved by the City; this is attached as a condition of approval. Review and Approval Process: Pursuant to LDR Section 4.7.10(a), final conditions of approval shall specify that the restricted units are priced andlor rented to the eligible income group. A condition of approval is attached that requires the coordination to the Community Improvement Department on renter or buyer eligibility and housing prices far the workforce units. LDR SECTION_2,4.5(E) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must malts findings that establishing the condi#ional use will not: 12 Planning and Zoning Board Staff- sort, Meeting of March 17, 2008 Village at Delray -Conditional Use bequest A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The surrounding residential zoning designation in the north and south is the same as the subject property RM (Multiple Family Residential -Medium Density} up to a maximum of 24 units per acre (Carver Estate Overlay District}. To the south is the Village Square development approved by the Site Plan Review and Appearance Board (SPRAB) at its meeting of November 28, 2007; north is the Auburn Trace residential development; to the east the proposed development faces a portion of the Delray Beach Cemetery, and to the west is a retention area, Catherine Strong Park, and the proposed Head Start building site. The proposed residential development will be compatible with the single and multiple family development patterns that prevail in the neighborhood. The additional residents should improve the stability of the neighborhood by increasing the number of "eyes" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E} (5) far the conditional request which further support an increase in density to 24.0 dwelling units per acre. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Development Regulations. if the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff s review of the sketch plan and site inspections, the following analysis is provided. Southwest Nei hborhood Overla District Carver Estates Overla Districts and Infill Workforce Housin Area Develo men# Standards: Pursuant to LDR Section 4.4.6(F){3}(a), within the Carver Estates Overlay District, the following development standards apply to duplex and multi-family development (non townhouse buildings) which are being developed pursuant to the FamilylWorkforce Housing Ordinance; ' -- -- ` _ -- Staridard - ProvidE Minimr,m B~,ilciing Sefbacks =Front (Auburn Avenue) 15'0" 40'11" ~~per~rr~eter} ~' Side Interior (south property line} 15'0" 1T6" _ ' Side Interior (north property line) 15'0" 15'7" Rear {east property fine) 10'0" 16'11" As noted above, the proposed development meets or exceeds the perimeter setback requirements for all condominium buildings and proposed structures. LDR Section 4.3.4 Develo ment Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Medium Density Residential {RM) zone district: 13 Planning and Zoning Board Staff, ;ort, Meeting of March 17, 2008 Village at Delray -Conditional Use t~equest __ _. Standard` Provided , Minimum Floor'Area One Bedroom Unit 600 sq. ft. 743 sq. ft. Two Bedroom Unit 900 sq. ft. 900 to 955 sq. ft. `' Three Bedroom Unit 1,250 sq. ft. 1,250 sq. ft. Ma~irnuTn Lot C:overgge 40% 26.46% Mr3imurr .Open- Space = _ 25% 33.20% The table above indicates that the proposal complies with LDR Section 4.4.6(F)(3)(a) as it pertains to the Medium Density Residential {RM) zone district. The project provides one, two, and three-bedroom rental condominium units. The three-bedroom units will have 1,250 square feet; the two-bedroom units will measure 900 and 955 square feet for two different floor plans; and the one bedroom unit will feature 743 square feet. Variety has been provided in terms of the size of the units to accommodate households of various sizes and ages and also in terms of different floor plan designs. Two different floor plan designs have been provided for the two bedroom units ranging from 900 sq.ft. to 955 sq.ft. Recreational Amenities: Pursuant to LDR Section 4.4.6(H}(3), recreational areas shall be required for all new rental apartment developments; and of owner-occupied developments, which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate far older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than 25 units may be exempted from this standard, where it is determined by the approving body that it is not practical or feasible to comply. The Southwest Area Neighborhood Redevelopment Plan calls for the implementation of recreational facilities throughout the area where it is appropriate. The project is located in an urban environment and it is located approximately 30 yards east of Catherine Strong Park and approximately a mile south of Pompey Park. Recreational opportunities for older children such as the community center and tennis center are located approximately a mile away from the proposed development. In addition, the proposed development has included a swimming pool, multiple purpose gathering room, BBQ pavilion area, picnic tables, and a tot lot appropriate for toddlers. It is also noted, that a passive recrea#ion area (known and labeled as the village green area) is being proposed and that 30.67% of the site will be Iandscapelopen space area. Based upon the above, compliance with this code requirement has been achieved. Parking Requirements: Pursuant to LDR Section 4.6.9(C)(2){c), the parking requirements for one, two and greater bedroom dwelling units within a mul#iple-family structure are required as follows: 14 P{arming and Zoning Board Staff ,orf, Meeting of March 17, 2008 Village at Delray - Gonditional Use Kequest Efficienc dwellin unit 1.0 spacelunit One bedroom dwellin unit 1.5 spaceslunit Two or more bedroom dwellin unit 2.0 spaceslunit Guest arkin shall be rovided cumulativel as follows: - first 20 units 0.50 s aceslunit - far units 21-50 0.30 s aceslunit - far units 51 and above 0.20 s aceslunit Thus, the two hundred and sixty four (264) unit residential development is required to provide five hundred and seventy eight (578) total parking spaces and only 530 parking spaces are being proposed. This equates to a deficit of 48 parking spaces (8.3% of the 578 parking spaces required). Of this 578 total 62 guests spaces are required. The applicant is requesting a special action to reduce the number of guest parking spaces required from 62 spaces to 14. The 530 spaces include forty six stabilized sod parking spaces which are available if a parking deficiency exists on site. This stabilized sod parking spaces would be provided with wheel stops if and when the City Engineer deems it necessary. Special Action Request: Pursuant to LDR Section 4.6.9(F)(1), 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. The applicant has submitted the attached letter dated January 25, 2005 as the "special documentation" #o justify the reduced number of parking spaces. The following is an abstract of this letter: "Although there are numerous supplemental regulations to promote developmenf in fhe Carver Estates Overlay District, .fhe current LDRs do not consider reduced parking requirements for this Overlay District. There is also not a reduction for tax credit unifs or workforce units despite the undisputed evidence that These residents clearly utilize fewer cars than market-rate communities. In fact, there are currenfly 25fi units at fhe property and many of fhe unifs do not have a registered car. In fact, there are only approximately 275 cars of the current site, as many of fhe residents take the bus as can be evidenced from visiting the bus stop on any given morning. As indicated, there currently is a surplus of parking spaces of this site. Enclosed as Exhibif "A"is a binder which includes photographs of the current site and the dafe/time the photographs were taken. These photographs clearly show the surplus parking spaces of the current site. The demographics of the current projecf will be similar to the existing development. Moreover, enclosed as Exhibit "B', is a letter from fhe traffic engineer which supports this request and indicafes that the waiver will not compromise any of the City's life or safety standards. A literal interpretation of fhe LDRs would be an unnecessary and undue hardship upon the Applicant. Compliance with this section of the LDRs would preclude construction of needed affordable residential unifs in the Carver Estates Overlay District. This reduction will naf compromise the City's life or safety standards, does not negatively impacf fhe surrounding area and is necessary to make the project feasible. Therefore, since if is conclusive that the reduced number of parking spaces accommodates fhe 15 Planning and Zoning Board Staff. ,ort, Meeting of March 17, 2008 Village at Delray -Conditional Use Request use, this parking reduction should be supported acrd the parking requiremenfs should be reduced accordingly. Based on the Instifute of Transporfation Engineer, Parking Generation Manual, a ratio 7.43 parking spaces per dwelling units is required far law and mid rise residenfial development classified as affordable housing units" In an attempt to meet parking requirements the applicant has proposed the following actions: • One hundred and seventy two (172) compact spaces have been provided (29.75% of the 578 spaces provided}; • Two hundred and seventy three (273) standard parking spaces have been provided through-out the development; • Three (3} parallel parking spaces have been provided along the internal street located between buildings C-2 and C-1; • Twelve (12) handicap parking spaces (2% of the total 578 spaces required} have been provided through-out the development; • Twenty two (22) geo-block (on sodded area) overFlow parking spaces will be provided. Ten of these spaces are located between Buildings C-6 and C-7 along the north property line, and twelve spaces will be located, along the south property line between Buildings C-4 and C-3; • Twenty four {24) perpendicular geo-block overflow parking spaces (on sodded area} are proposed (12 parking spaces will be located within the "Village Green" area on the north side and another 12 parking spaces will be located within the "Village Green" area on the south side}; and • Twenty four {24} existing parking spaces adjacent to the day care may be used as overflow parking during the night. The applicant's site plan submitted depicts the proposed standard, compact, and overflows parking, which indicates a total parking area for 530 vehicles. The applicant claims that The Institute of Transportation Engineer (ITE), Parking Generation Manual, states that a ratio of 1.43 parking spaces per dwelling units is required for low and mid rise residential developments classified as affordable housing units. The applicants argues that based on the stated Institute of Transportation Engineers (ITE) demand ratio of 1.43 parking spaces per residential unit, the total demand for the entire development will be 378 spaces which is fens than the 530 parking spaces that the applicant has provided. However. this argument is not accurate since only 66 units (a portion of the total number of units) are considered workforce housing units and the remaining 198 are market rate units. However, using the ITE 1.43 ratio for only the 66 workforce housing units and the LDR requirement far the balance the total demand will be 529.88 spaces, which is consistent with the 530 parking spaces that the applicant has provided. 66 Workforce housing units at an ITE rate of 1.43 spaces per unit....... 94.38 spaces 18 One bedroom market rate units at 1.5 spaces per unit .................. 27 spaces 180 two or more bedroom market rate units at 2.0 spaces per unit ...... 360 spaces Guest parking: 16 Planning and Zoning Board Staff ort, Meeting ofi March 17, 2008 Village at Delray -Conditional Use Request First 20 units at a rate ofi 0.5 spaces per unit ................................ 10 spaces For units 21 - 50 at a rate of 0.3 spaces per unit ........................... 8.7 spaces For units 51 and above at a rate of 0.2 spaces per unit .................. 29.8 spaces 529.88 spaces Pursuant to the City's Land Development Regulations, 578 parking spaces are required. Currently, there are 96 residential units at the subject property and there are 100 parking spaces at the site which equates to a ratio of 1.04 cars per each existing dwelling units. This currently existing site-data indicates that: one, there is currently a surplus of parking spaces and two, many residents take the bus. Both ofi these issues have been documented by the applicant with the use of photographs taken at different time intervals and via a parking letter prepared by a traffic engineer. As stated above, the applicant's site plan submitted indicates that a total of 530 parking spaces are being provided. This- figure includes 46 overflow sodded area parking spaces that will became available as the need arises. Only 66 units (a portion of the total number of units) are considered workforce housing units and the remaining 198 are market rate units. Thus, using the ITE 1.43 ratio only for the 66 workforce housing units and the LDR requirement for the balance (198 units) the total parking requirement will be 529.88 spaces which is equal to the 530 parking spaces that the applicant has provided.. The applicant appears to have made a sound argument for the reduction of parking based on: The observed parking demand data on the site collected at different time intervals is a factor that determines the existing parking demand rate to be 1.04 parking spaces per dwelling unit; The overflow sodded parking area proposed will mitigate any potential impact in the demand for parking; The research undertaken by the Institute of Transportation Engineer (ITE), Parking Generation Manual, states that a ratio of 1.43 parking spaces per dwelling units is required for low and mid rise residential developments classified as affordable housing units; and It is noted that the applicant is requesting a reduction of the required guest parking spaces from 62 spaces to 14 parking spaces. Staff supports this reduction based on the applicant's analysis. However, since this reduction is predicated on the use of overflow sodded parking areas, a condition of approval is attached that the applicant shall provided wheel stops within the overflow sodded parking areas when and if the City Engineer deems it necessary. Waiver Request: Pursuant to LDR Section 4.6.9(D){2}, provision for ingress and egress: each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area sa that a vehicle can enter and exit the parking area onto a street or alley in a forward manner shall be provided, except when the street is a private street within a planned development and the street, at the location of the parking, has less than 200 ADT. Back out parking is proposed in several areas into drive isles which exceed the 200 ADT threshold and therefore a waiver to this LDR requirement is being requested. 17 Planning and zoning Board Staff ;prt, Meeting of March 1T, 2008 Village at betray -Conditional Use Request Waiver Analvsis: 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 special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant or owner. The applicant has provided the following justification for the waiver request: "Even though our site plan exceeds the 200 ADT threshold, fhe back out spaces meet every other LDR requirement while providing far a superior product. The apartment buildings affected by Phis Section of fhe LDR are townhouse fype in character. The actual form of ownership of the units should not affect fhe requirement canceming fhe ingress or egress of the buildings_ It is also noted that short parking segments are provided along each apartment building and two streets provide access fo fhe buildings which mitigate any impacts. The access provided conforms with fhe minimum aisle standard requirements, and thus, safety is not a concern." The statement that those units are townhouse type in character {and therefore the requirement would not apply) is inaccurate. However, it is noted that short parking segments are proposed along each condominium building and two streets provide access to multiple buildings which mitigate the impact of the approximately 336 trips per segment. Compliance with this requirement would require redesign of the development and the elimination of the "Village Green" area which is being proposed as a gathering, social contact area for residents, and recreational area. It is noted, that this passive recreation area formed by a large open space area will provide street benches and gazebos as an additional amenity. The provision of this high quality recreational space is a priority and it would be jeopardized if an alternative parking solution is designed. A balance should be kept between the LDR requirement and the increase in quality of life that will be provided by the passive recreation area. By granting this waiver a superior product will be achieved for the would be unit owners in the Carver Estates Overlay District Area. The granting of this waiver will not create an unsafe situation, significantly diminish the provision of public facilities, or adversely affect the neighboring area. The granting of this waiver will 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. Based on the above, positive findings can be made with respect LDR Section 2.4.7 (B)(5} to support the waiver request. Handicapped 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 for 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 handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 578 parking spaces required, a 18 Planning and zoning Board Staff ; art, Meeting of March 17, 200$ Village at Delray -Conditional Use Request minimum ofi twelve (12) parking spaces must be handicap accessible. The proposed development has included a total of 12, and thus, this LDR requirement has been met. Other Items: Bus Shelter: Pursuant to Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach and will coordinate with Palm Tran to improve the system. While the applicant emphasizes extensive utilization of the bus system no bus shelter is currently proposed. A Palm Tran bus stop and bus shelter easement shall be provided along the east side of Auburn Avenue and is to be depicted on the site plan. Thus, a condition ofi approval is attached that a bus shelter easement(s) shall be provided on the east side of Auburn Avenue along with a bus shelter to be installed with the development. The City will provide the standard detail for the bus shelter. 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 a trash compactor located at the southwest corner of the site which will serve the residential units. The trash compactor area has been properly screened with an 8 foot high wall, and thus, this LDR requirement has been met. However, a condition of approval is attached that an additional trash compactor location is provided on site. Stacking Distance: Pursuant to LDR Section 4.6.9(D} (3} (c) {2), provisions must be made to provide for 100' of clear stacking in advance of all guardhouses or security gates. A guard house is proposed at the main entrance to the development along Auburn Avenue and a clear stacking distance of 224' has been provided. Thus, this LDR requirement has been met. Lighting: Pursuant to LDR 4.6.$ (Lighting), site ligh#ing must be provided. A site lighting and photometric plan has been provided to ensure compliance with LDR Section 4.6.8. Sixty seven {67} luminaries have been provided along the interior street system, condominium parking fats, and recreational area. Additional wall mounted fixtures are depicted on the condominium buildings. Details of the wall mounted light fixtures have been provided, and thus, this LDR requirement has been met. Bicycle Parking: Pursuant to LDR Section 4.6.9{C) (1) (c} and Transportation Element Policy D-2.2 of the Comprehensive Plan, bicycle parking facilities have been provided in close proximity to the poollcabana recreational area, and the tot lot. In addition there will be a 5 space bike rack located in each breezeway of the rental apartment buildings for visitors and residents. Thus, this LDR requirement has been met. 19 Planning and Zoning Board Staff , art, Meeting of March 17, 2008 Village at Delray -Conditional Uss Request Underground Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect has been placed on the site plan. Fiat: The development proposal will require the combination of individual properties and the construction of improvements across previously platted lots. Therefore, a condition of approval is that a re-plat of the property must be processed pursuant to Chapter 5 of the Land Development Regulations and recorded prior to issuance of a building permit. Visibility Triangles: Pursuant to LDR Section 4.6.14(A), when an access way in#ersects a public rights-of-way or when the subject property abuts the intersection of two or more public right-of--way, triangular areas shall provide unobstructed cross-visibility. Visibility triangles have been depicted on the site plan and landscape plan and meet the LDR requirements. ~. - Community Redeveiopmenf Agency (CRA): At its meeting of December 13, 2007, the CRA reviewed the conditional use request and recommended approval of the conditional use request with the condition that the parking deficit be addressed by providing additional parking spaces. Since the meeting of the CRA on December 13, 2007, additional parking spaces have been proposed in stabilized sod areas to mitigate the parking shortage. The applicant is providing 530 parking spaces which include forty six stabilized sod parking spaces which are available if a parking deficiency exists on site. This stabilized sod parking spaces would be provided with wheel stops if and when the City Engineer deems it necessary. Site Plan Review and A earance Board: If the Conditional Use request is approved by the City Commission, a site plan application will be processed for final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ^ Ms. Bunny Elrod ^ Mr. Nick Simeus ^ Mr. Arthur Brawn, Neighborhood Advisory Council ^ Daisy Fulton, Neighborhood Advisory Council ^ Cory Cassidy, Neighborhood Advisory Council ^ Claudia Flores, Neighborhood Advisory Council ^ Pamela Williams, Neighborhood Advisory Council ^ Bunny Elrod, Neighborhood Advisory Council 20 Planning and Zoning Board Staff ,ort, Meeting of March 'i7, 2008 Village at Delray -Conditional Use Request ^ Dorothy Elkington, Delray Beach Housing Authority Stephen Lampel, Neighborhood Advisory Council L'Tanya Allen, Neighborhood Advisory Council ^ Bonnie Raycroft, Neighborhood Advisory Counci[ ^ Mathew Hartley, Neighborhood Advisory Council ^ Patricia Westall, Neighborhood Advisory Council ^ Linda Leib, Neighborhood Advisory Council ^ Linda Prior, Neighborhood Advisory Council ^ Shirl Fields, Neighborhood Advisory Council ^ Joseph Kamarata, Neighborhood Advisory Council Charles Stravino, Neighborhood Advisory Council ^ Zerlean Williams Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of support or objection will be presented at the Planning and Zoning Board meeting. ~~ '' ~ -ASSESSMENT ANTI CfJNCLUSIQN.== _-° ~ ~ ==. The development proposal to construct a two hundred and sixty four unit residential development is consistent with the policies of the Comprehensive Plan. The development proposal also includes a parking reduction request {special action) and a waiver request from the requirement that vehicles may enter and exit parking areas in forward manner on travelways excelling 200 ADT. These waivers and special action can be supported. Consistency wi#h Chapter 3 and Section 2.4.5(F) (5) of the Land Development Regulations will be achieved provided the conditions of approval are addressed. The proposed two hundred and sixty four (264} unit residential development represents 24.0 units per acre. The development proposal can meet the development standards as lis#ed in LDR Section 4.4.6(1} and applicable sections of the Workforce Housing Section 4.7. Findings of substantial compliance can be made with regard to all performance standards (a), {b}, (c), (d}, (e), (f} and (g) listed in LDR Section 4.4.6(1) subject to addressing conditions and the requirements of the RM zoning district which would support the proposed increase density to 24.0 units per acre. The development proposal will include the provision of 264 (rental apartments) with 66 units to be rented as moderate income workforce dwellings units within the development in compliance with LDR Section 4.7 FamilylWorkforce Housing. Given the above, positive findings can be made with respect to both the Comprehensive Plan and all applicable LDR Sections and staff is recommending approval of the Conditional Use request. ALTERNATIVE ACTIONS ~ w ; A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the special action (parking reduction [LDR Section 4.6.9 (F}{1)]} and waiver related to back out parking [LDR Section 4.6.9 (D}(2)], and the conditional use request to allow for a density of 24.0 dwelling units per acre for Village at Delray, by adopting the t:lndings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets 21 Planning and Zoning Board Staff' port, Meeting of March 17, 2008 Village at Delray - Conditional Use Request criteria set forth in Section 2.4.5(E}(5), 4.4.6{I}[Performance Standards], Article 4.7 [FamilylVllorkforce Housing] and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the special action (parking reduction [LDR Section 4.6.9 (F)(1 }]) and waiver related to back out parking [LDR Section 4.6.9 (D}(2)], and the conditions[ use request to allow for a density of 24.0 dwelling units per acre for Village at Delray, by adopting the findings of fact and !aw contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(E){5}, 4.4.6(I)[Performance Standards], Article 4.7 [Family/Workforce Housing] and Chapter 3 of the Land Development Regulations. ,_- ~ _. -- w ~---~________. ~ .~- ...RECOMMENDED ACT10N ~- ._ ~-- mow.. _ ~ ,~~m By Separate Motions: Specia! Actlon Reauesf: Approve the reduction of guest parking spaces required pursuant to LDR Section 4.6.9{C)(2){c) by 48 spaces (from 62 spaces to 14), based on positive findings 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. Waiver.' Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.6.9 (D} (2) to waive the requirement that parking spaces enter and exit a forward manner on travel ways exceeding 200ADT, by adapting 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 2.4.7(6} {5) of the Land Development Regulations. Conditional Use: Move a recommendation of approval to the City Commission for the conditional use request to allow for a density increase to 24 dwelling units per acre for Village at 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(E)(5}, 4.4.6{I)[Performance Standards], Article 4.7 [FamilylWorkforce Housing] and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted site plan and addresses the "Exhibit "A" -Technical Items and conditions of approval attached in the staff report; 2. That if the workforce housing units are sold it should be done in accordance with Article 4.7; 3. That greater variety of floor plan designs for the one, two, and three bedroom units shall be provided during the site plan review process; 4. That a plat must be processed and recorded prior to issuance of a building permit; 22 Planning and Zoning Board StafF I art, Meeting of March 17, 2008 Village at Delray -Conditional Use Request 5. That a bus shelter easement{s) shall be provided on the east side of Auburn Avenue and that a bus shelter shall be installed and depicted on the site plan. The City Engineer will provide detail on the bus shelter; 6. That the workforce housing units are rented in accordance with Article 4.7; 7. That the applicant shall coordinate with the Community Improvement Department on renterlbuyer eligibility and rent and housing prices; 8. That the applicant shall provided wheel stops and curbing within the overflow sodded parking areas when the City Engineer deems it necessary; 9. That a parking access agreement that allows the use of the Day Care parking area for overflow parking is signed and executed; 10. That an additional trash compactor location is provided on site; 11. That appropriate gates to allow pedestrian access from the Day Care parking area to the adjacent residential buildings are clearly labeled and depicted on the site plan; 12. That no amendments to the covenants shall be made unless by written instrument approved by the City; and 13. That a composite utility plan be provided with the site plan application. Report prepared by: Estelio Breta, Seniar Planner Attachments: ^ Exhibi# "A", Site Plan ^ Landscape Plan ^ Eie~atians, Engineering Plans ^ Location Map 23 Planning and Zoning Board Staff i art, Meeting of March 17, 2008 Village at Defray -Conditional Use Request _~~ - ~ ~ EXHIBIT <<A,; ~, ~' ECHNICAL,ITEMS~: - ~- Preliminary Engineering Technical Comments: 1. Submit two sets of revised plans with next submittal to the City of Delray Beach Engineering Department, 434 S Swinton Ave., Delray Beach, FL 33444. In addition, provide a detailed description of how each of these comments has been addressed and reference sheet number for accurate review. 2. Provide copy of certified boundary and topographic survey meeting requirements ofi LDR Section 2.4.3 (A), (B) and (D). Existing grades should be taken approximately 10-feet outside all subject property lines for all adjacent properties. Survey shall provide sufficient in#ormation to determine historical drainage pattern. Survey shall include all existing easements. Survey needs to be, completed within the last 6 months per LDR 2.4.3 B} (20). 3. Please provide a copy of existing agreements associated with discharges into the existing Auburn Trace Retention Pond. Cross easement agreement between Auburn Trace and School Board of Palm Beach County received and is under review. 4. Documentation is required to indicate that the Auburn Trace retention pond has sufficient capacity for additional discharges proposed from this development. 5. Please provide finished floor elevation on civil plans for all proposed buildings. If finished float elevation is less than 18-inches above centerline of adjacent road a certification is required from a professional registered engineer stating that the property has adequate drainage to ensure that flooding will not occur in a 100-year storm event. LDR Section 7.1.3 {B} {2}. 6. Site is required to retain 5 year 1 hour storm {3.2") in addition to meeting water quality criteria (1"). Provide signed and sealed drainage calcufatians and indicate how storm water will be retained on site. See LDR Section 2.4.3 {D) (4) and (7). Also, indicate how proposed improvements will affect Auburn Trace Retention Pond Agreement. Response received and is under review, 7. Clearly indicate limits of right of way and center line of the right-af-way of any adjacent streets per LDR Section 2.4.3 {B) {5} on civil plans. 8. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. Note and details found on landscape plans, please add Hate to civil plans. 9. Show and clearly label all easements on Landscape and Engineering Plans. Please check landscaping plans and include all proposed easements. 24 Planning and Zoning Board Staff. ort, Meeting of March 17, 2008 Village at Delray -Conditional Use Kequest 10. Developer to ensure that no landscaping is planted over any exfiltration trenches. Two locations were identified; please relocate any proposed landscaping from being planted in exfiltration trenches. 11. Provide location of proposed street lights and address responsibility for installation and maintenance per LDR 2.4.3 (D) {6). 12. Provide current and proposed estimated flow into existing and proposed lift station respectively. Calculations are required to ensure proposed lift station can accommodate proposed flow from all sources, this includes flow from Village Square at Delray. Obtain approval from Deputy Director of Public Utilities that City's system has sufficient capacity to treat proposed flows. Signed and sealed calculations from s Florida registered engineer is required. 13. Proposed water main needs to be looped, on or off site in order to increase reliability of water flows and pressure per LDR Section 5.3.3 (E} (1). Please provide a looped water system by making connection to south development (Village Square at Delray) as discussed at meeting held on February 5th 2008. 14. Provide connection to gravity sewer system to parcel on the south as discussed at meeting held on February 5th 2048. 15. Please also provide a looped interns! water system. Avoid dead end fire hydrants. 16. Provide a detail for all wa#er and sewer conflicts. 17. Provide detail for connection to proposed lift station and clearly label new lift station. 18. Provide details for proposed lift station. 19. Provide detail for force main connection. 20. Show location of existing lift station and clearly label. 21. Please provide details on isolation of existing water mains at connection points on civil plans. 22. Please provide line size and type for all existing water mains on civil plans. 23. Clearly label water and sewer 12-foot easement as "12' water easement" or 12' sewer easement". 24. Clearly show and label access easement to proposed lift station. 25. Additional comments may follow after review of revised plans. 26. Final Engineering comments will be generated after submittal of final engineering plans and must be satisfed prior to obtaining a building permit. 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ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 26, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 APPEAL OF THE HISTORIC PRESERVATION BOARD DECISION/36 S.E.1ST AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the Historic Preservation Board's (HPB) decision made on March 6, 2008. The HPB denied the Certificate of Appropriateness (COA), Class V Site Plan Application, and associated waiver and variance requests for the new construction of a two-story office building located at 36 SE 1St Avenue based upon a failure to make findings that the request was consistent with the Comprehensive Plan and met the criteria set forth in the LDRs, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. BACKGROUND At the March 6, 2008 Historic Preservation Board (HPB) meeting, a Certificate of Appropriateness (COA), Class V Site Plan Application, and associated waiver and variance requests were denied for the construction of a new, 10,739 square foot two-story office building located at 36 SE 1St Avenue, within the Old School Square Historic District. The first floor contains 5,952 square feet (487 square feet of office-use related space and 5,465 square feet of covered parking containing 14 parking spaces), and the second floor contains 4,787 square feet of office space. During the review and within the HPB Staff Report (see attached), Staff noted that the subject property had previously come before the HPB and City Commission for an LDR Amendment which would have applied the permitted uses and development standards of the CBD (Central Business District) to the subject property, which is zoned OSSHAD (Old School Square Historic Arts District). The aforementioned amendment was reviewed by the City Commission on First Reading at its September 27, 2007 meeting where it was approved by a vote of 4-0, with direction that the applicant meet with Staff prior to Second Reading to discuss possible alternatives. The applicant met with Staff and agreed to seek variances to the OSSHAD setback and lot coverage requirements rather than seek text amendments to apply the CBD regulations to this property. Second reading on the first LDR amendment request was tabled until the May 6, 2008. A complete analysis of the proposal is found in the attached Historic Preservation Board Staff Report of March 6, 2008. On March 18, 2008, Michael S. Weiner, of Weiner, Aronson, and Mankoff, submitted an appeal of the Historic Preservation Board's action of the subject property. The basis of the appeal is that the HPB "failed to apply the ordinances of the City to the Decision correctly", and "failed to rule in favor of the Appellant after the introduction of substantial competent evidence which meets the requirements for the relief sought.". The relief being sought is a reversal of the decision and the approval of the development application as presented to HPB at the March 6, 2008 meeting. While Staff supported the project and the related waiver and variance requests, Staff cannot support this appeal. Pursuant to LDR Section 2.2.6(D)(6), the Historic Preservation Board (HPB) acts in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed in the Local Register of Historic Places. Further, LDR Section 2.2.4(D)(8) states that all decisions of the Board of Adjustment are final, and that any person or persons, or any Board, Taxpayer, Department, Board, or Bureau of the City may aggrieve any decision of the Board of Adjustment and may seek review of such decision in the Circuit Court of Palm Beach County. As the Class V development proposal cannot be constructed without the variances (relief to setbacks and lot coverage), consideration of an appeal and an approval of the related Class V development proposal is premature until final resolution of the related variance requests. REVIEW BY OTHERS The Board followed the established quasi-judicial procedures in considering the project. The applicant offered testimony in support of the development proposal. The Board took testimony from members of the public who spoke both for and against the project. RECOMMENDATION Deny the appeal, thereby upholding the Historic Preservation Board's denial. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ON THE APPEAL FOR 36 SE 1ST AVENUE 1. This appeal of the denial of a Certificate of Appropriateness for the new construction of a 10,739 square foot, two-story office building located at 36 SE 1st Avenue has come before the City Commission on April 1, 2008. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of a Certificate of Appropriateness for the new construction of a 10,739 square foot, two- story office building located at 36 SE 1st Avenue and waivers associated therewith. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I, II, III, IV, V and VI. I. LDR REQUIREMENTS: A. LDR Section 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. Are these guidelines met? Yes No _ II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: Have the overall objectives of the Delray Beach Historic Preservation Design Guidelines been met? Yes No III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: Have the overall objectives of the Secretary of the Interior's Standards for Rehabilitation been met? Yes No IV. WAIVERS: 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. A. Maneuvering Area, Aisle Width, Space Width Pursuant to LDR Section 4.6.9(D)(4)(d), two-way traffic flow must be used when perpendicular parking spaces are used. A waiver to allow aone-way traffic flow system is requested. Should the applicant's appeal of the decision by HPB denying the applicant's waiver for aone-way traffic flow system be granted? Yes No B. Sight Visibility at Entrance/Exit to Parking Lot Pursuant to LDR Section 4.6.14(A)(1), twenty foot (20') sight triangle is required on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way. The proposed sight triangles at the car park entrance and exit are five feet six inches (5'6"). Should the applicant's appeal of the decision by HPB denying the applicant's waiver for 5'6" sight triangle be granted? Yes No C. Sight Visibility at Intersection Pursuant to LDR Section 4.6.14(A)(2), a forty foot (40') sight triangle is required at a corner formed by the intersection of two (2) or more public rights-of-way. The proposed sight triangle at the northeast corner of the property at the junction of SE 1St Avenue and the alley is fifteen feet four inches (15'4"). 2 Should the applicant's appeal of the decision by HPB denying the applicant's waiver for 15'4" sight triangle at the intersection of SE 1St Avenue and the alley be granted? Yes No V. COMPREHENSIVE PLAN: A. Future Land Use Map/Future Land Use Element Objective A-1: Is the property developed/redeveloped so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs and is consistent with the Land Use Map? Yes No B. Concurrence: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No C. Consistence: Will the granting of the Certificate of Appropriateness be consistent with and further the goals and policies of the Comprehensive Plan? Yes No VI. VARIANCES: A. LDR Section 2.2.6(D)(6), Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs which existed at the time of enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7(8)]. 3 B. LDR Section 2.2.4(D)(8). All decisions of the Board of Adjustment are final. Any person or persons, or any Board, Taxpayer, Department, Board, or Bureau of the City may aggrieve any decision of the Board of Adjustment and may seek review of such decision in the Circuit Court of Palm Beach County. Does the City Commission have the jurisdiction to hear an appeal of a variance? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 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 denies the appeal (and thus the Historic Preservation Board denial remains in full force and effect) and associated waivers therewith hereby adopts this Order this day of April, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin City Clerk 4 ye ~ e r ~ a •~~~ r ~ r . .w ° r mm a ~ ~ n ^ e r ~ a ~ a ~ ~ ~ F a F ~ ! 4 it • ~4 ~ F L k 8 f! k ~ ~ tl ~ •~' ~ ll W ~~ .R. i • 4 ~' t k xr' i~ ^ • k -~ F I R • ~ ~ R .,,,~p x ~ITi~ } C 1p~ a ,,,}~ e ww ~ • k I p 9 RI S~IIRR R AT A R f~e1 ~ a % ~ N! ~ ee } ~ JJ¢ x ~e ~ SS ~ a ~ ~ I~ ~ ¢ k ~ 0V # ARM ~ ~ ~ $$ * iO>s ~ a _ _ $~ nne7~ ~ a ,~k ` w o ~ ~ ~ ~ ~~K~ U b v rc .cl~ w ~ x e s ~ a ~ ~ ~ ~ a . a ~y~y~ v ^ RYAN 1 11~~ ~ $R ~ SS § e F x g~19 • ~ I..$ ®i °~ M R 9 Y R C R ~ ~ 7AE~ ^ v „ R ~ i F 6 ~ a ~ r ~ P ~ 6 HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 6, 2008 AGENDA ITEM: II.B. ITEM: Consideration of a Certificate of Appropriateness, Class V site plan, landscape plan, design elements, variance requests, and waiver requests for the construction of a two-story office building. u~ GENERAL DATA: OwnerlApplicant: ........................ Southern Development { Services, Inc. 1 _. Agent ..................................•--..... Southern Development I Services, Inc. ~ ".E w Location ..............:.................... ~ x ... 36 SE 'Est Avenue Pro ert Size ..................... ..... 4.20 acres 1 > P Y ---• < Future Land Use Map ................ Other Mixed Use (OMU) Current Zoning ............................ Old School Square Historic r ~. z . Arts Drstrlct (OSSHAD) `. A' T L A N T I C p ,,. Adjacent Zoning ................North: CBD ~ , East: CBD South: OSSHAD j '. West: OSSHAD '' < Existing Land Use ...................... Residential ...; ,. Proposed Land Use .................... OfficelCommercial ~- ,n Water Service ............................. Available on site ~ ~~ ~ R~~~ Sewer Service ............................. Available on site R~ p IT~FM"''_B FORE TH:IE BOARD The action before the Board is that of approval of a~Certifcate of Appropriateness that incorporates the following aspects of the development proposal far 36 SE 15t Avenue, "36 First", Old School Square Historic District, pursuant to LDR Section 2.4.5(F): Relocation of Contributing Structure (to be processed as a separate COA); • Class V Site Plan; • Design Elements; • Waiver Requests; • Variance Requests, and; • Landscape Plan. BAC~KGROUN,^ .' ~~ The subject. property consists of Town ofi Delray Lts 16 to 18 InclLess S 75 FtlBlk 69 (Old `School Square Historic District) and is located on the west side of SE 1 S` Avenue approximately seventy feet (70') north of SE 1St Street. The property contains a contributing structure, which :was constructed c.1937. The one-story building is of wood frame construction and has a floor area of 767 square feet with an unenclosed carport of 158 square feet. The structure is in very good condition and retains original internal features such as woad paneling. In June, 2005, administrative approval was given to replace the roof shingles. On October 2; 2007, the applicant appeared before City Commission to request that the property be subject to the standards of the Central Business District {CBD} Zoning District. Staff stated that if would be more appropriate that the regulations for the OSSHAD be maintained for the property and '.any relief be sought accordingly. Staff established this position to avoid the possibility of a development proposal utilizing a taller building height allowance and also to avoid introducing incompatible uses.. 'PRO'JECT D;E,SCRIPTION ~„~,~ The subject application- proposes to develop the property located at 36 SE 1St Avenue by achieving the'following: Relocation of Contributing Structure The existing wood frame structure is a one-story, single-family dwelling, which was constructed c.1937. It is to be relocated to 310 NE 1St Avenue in the Old School Square Historic District. New Construction .The subject application involves construction of a 10,739 square foot, two-story office building. The first floor measures 5,952 square feet comprising a vestibule, stairs, elevator and electric room (487 square feet allocated as office space) and 14 parking spaces (5,465 square feet). The second floor contains 4,787 square feet of office space. The two-story vernacular style building will be approximately 29.5'_ in height to the mean roof level. The east (front) and west {rear) elevations are fifty #eet {50') wide. The east elevation contains a projecting bay for the entrance from SE 1 Sc Avenue. The west elevation contains three, seven foot 30 SE 1''` Avenue, 36 ~ first; 20G8-€164-5~'f=-t-tP3-C;LS HPB t+~eeting March 6, 2(108 f'aae 2 of 20 eight inch (7' $"} square decorative metal security grilles which supply ventilation to the first floor parking area. The south elevation measures 125' 4" long and contains an open walkway for office access at second floor level. The north elevation measures 121' 8" long and con#ains #hree projecting bays wi#h four, 7' 8" square decorative metal security grills that provide ventilation to the first floor parking area. Between the projecting bays are the entrance and exit to the parking area. The exterior contains the following details: • Wall finish -First floor: smooth stucco, Moon Shadow Second floor: stucco siding with smooth stucco to projecting bays, Na#ural Elements; • Windows -single hung, aluminum frame, impact resistant, two-over-two configuration, White; • Doors -aluminum frame, White; • Roof -Standing seam aluminum, Mill Finish; • Shutters -Aluminum, decorative, Gettysburg Gray; • Trimlfascia -Wood, White; • Guardrail -Aluminum, Gettysburg Gray; • Security Grills -Decorative Me#al, Gettysburg Gray. SITE PLAN~EAN.AL.~SIS COMI?LIiANCE..WETH THE LAND CEVELOPMENT REGULATIONS: !#ems identifed in the Land Development Regulations shall specifically be addressed ~yfhe body taking fiina[ ac#ion on the site and development applicationlrequest. LDR Sectioii.2.4.5(F)(5) -Compatibility (Site .Plan Findings}: The approving body rr~ost make a finding that development Hof .tile property pursuant #o the site plan will be comps#ible. and harmonious with adjacent and nearby properties and the City as a whole, so as no# #o cause substantial depreciation of property values. SUBMISSION REQUIREMENTS -Standard Plan I#ems Pursuant to LDR Section 2.4.3(6)(75), the location of any buffers, fencing, walls must be indicated. A sketch of the type of such feature shall be provided. Sketches must be provided of the .proposed fencing and the decorative metal security gate on the east elevation. This has been attached as a condition of approval Pursuant to LDR Section 2.4.3(B)(1fi), the location of proposed signing with an indication of proposed height and dimensions is required. Note: Sign approval is not a part of a site. plan approval)_ The location of the proposed signage hay been indicated; however, dimensions are required: This has been attached as a condition of approval. Pursuant to LDR Section 2.4.3(6)(98), the proposed location for solid waste disposal facilities should be noted, with a note or detail provided identifying the height of required enclosures, the type of gating, and the type of materials to be used for the enclosure. Elevations of the enclosure indicating height, ga#ing and materials must be submitted. This has been attached as a condi#ion of approval. The above noted requirements are listed under "Technical Items" and included as part of the Board's direction. 36 Si= 1`'i Aver€ue. ~~ First; 2ag8-g~4-SPA'-t EPB-C~,~ HPB Meeting March 6, 2~1C18 Paa~ 3 of 2~ LDR Section 4.3.4 K Develo rnent Standards Matrix -- Old School S uare Historic Arts District (OSSHAD) Zoning: The following table compares the proposal with the OSSHAD Zoning district requirements of LDR Section 4.3.4{K}: Allowed) proposed Required Maximum Lot Coverage 40°/a 67.2°/a' Maximum Buildin Hei ht 35' 29.5' 2 Minimum Building Setbacks f=ront-East 25' S' 10" s Side Street-North 15' 2' 2" a Side Interior-South 7' S" 4' 10" s Rear=West 10' 13' T/" 9 Variance requested. 2 Scated. 3 Variance requested. 4 Variance requested. 5 Variance requested LDR Section 4.3.4(J}-Height The LDRs define height as the vertical distance from grade to the highest finished roof surface of a flat roof ar to the mean level ,between tie -beams and ridge far gable, hip, or gambrel roofs. The .height to the mean levei has not been indicated. The height to the mean level must be shown on the drawings. This has been attached as a condition of approval. 4.4.24 - OFd School Square Historic Arts District: Zoning Regulations Purpose and Intent The Old Schot5l Square Historic Arts District (OSSHAD} is a mixed use district which is intended to: 1. Provide for mixed uses of residential, office, and commercial activities, with an emphasis an the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the his#oric and pedestrian scale of the area; 2. Stimulate greyter awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old Defray Beach' ; 3. Improve the environmental quality and overall livability of this Historic District and stabilize and improve property value therein, and; 4. Allow uses which promote preservation and adaptive reuse of all structures within the District. The subject application meets the purpose and intent of numbers 1 and 3 above as an office building is being proposed, which will contribute to improving and stabilizing property values. There is some concern over the proposed relocation of the existing contributing structure as this does not meet the purpose and intent of numbers 2 and 4 above. The proposed relocation is further analyzed below under section "LDR Section 4.5.1-Historic Preservation Sites and District Analysis". Parking Pursuant to LDR Section 4.4.24(G}(4}(a}, all non-residential uses, with the exception of restaurants, shad provide one parking space per 300 sq. ft. of. total new or existing floor area being converted to non-residential use. The proposed development has 5,274 square feet of offce space 36 SE 'f `'{ Rvenue, 36 F':rst: 2,08-f764-SPF-I-IP~-Ct_5 HPB Pt~eet~ng r~lerct~ ~; 20018 Pace ~ of 20 therefore 18 spaces are required. The parking area on the first floor contains 14 spaces. Four (4} spaces have also been purchased at the Federspiel Parking Garage. The request to purchase the 4 spaces was approved by City Commission on February 5, 2008, therefore this requirement of the LDRs has been met. Pursuant to LDR Section 4.6.9{E)(2) new harking spaces constructed in the right-of-way adjacent to the property may be issued credit towards required parking. In addition to the above parking spaces, one new on-street parallel parking space has been provided. RIGHTS Ol= WAY -DSMG (Development Services Management Group) At its meeting of February 8, 2007, the DSMG made the following determinations: 5E 15` Avenue Pursuant to LDR Section 5.3.1(D}(2) and the Transportation Element of the City's comprehensive plan, the ultimate right-of-way width for a coca! street is 60' while only 40' of right-of-way currently exists far SE 1S` Avenue. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. The City Engineer and DSMG have determined that a reduction in right-of-way width to fifty feet (5(}') would be appropriate~for this portion of SE 1$` Avenue. Therefore, a dedication of five feet (5') of right-of--way is required and has been depicted on the proposed development plans. The dedication must be accepted by the City Commission. This requirement has been added as a condition of approval. Ai_ fey Pursuant to LDR Section 5.3:1{D}(2), the- required width of an alley is twenty feet- {20'} or the existing dominant width. The City Engineer -and DSMG have determined that the subject development shall provide two feet {2'} of new alley right of way, or half the width of the additional four feet {4'} needed to improve the alley to twenty feet {20'). Therefore, a dedication of two feet (2') of right-of--way is required and has been depicted on the proposed development plans. The dedication must be accepted by the City Commission. This requirement has been added as a condition of approval. The right of way dedications shall be made prior to site plan certification for an approved development proposal. Technical Items: The Preliminary Engineering Technical Comments are as follows -and musf either be addressed prior to approvaF of the application or certification of approved plans: 1. Provide copy of certifed boundary and topographic survey meeting requirements of LDR Section 2.4.3 {A), (B} and {D). Existing grades should be taken approximately 10-fleet outside all subject property fines for all adjacent properties. Survey .shall provide sufficient information to determine historical drainage pattern. Survey needs to be completed within the last 6 months per LDR 2.4.3 (B){20). 2. The survey site plan, landscaping plan and prefrminary engineering plan shall be at the same scale per LDR Section 2:4.3 {B) (1). All plans shall be drawn on 24" x 36" sheets and at a scale of 1" = 10', 1" x 20' or 1" x 30", unless approved by the City Engineer. 3. Provide existing elevations on existing roadway including edge of pavement and center line. 4. Provide finished floor elevation. If finished floor elevation is less than 18-inches above centerline of adjacent road a certification is required from a professional registered engineer stating that the property has adequate drainage to ensure that flooding will not occur in a 100-year storm event. LDR Section 7.1.3 {B) (2). 3~ SE '(`` ~venu~. 36 First, 2QQ8-QG~-SPP-F!P~S-C%L5 HPB l~eefii~g ~rlarci~ 8, 2;3Q$ Paae 5 ~i 2Q 5. Site is required to retain 5 year 1 hour storm (3.2"} in addition to meeting water quality criteria {1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. See LDR Section 2.4.3 (D} {4) and {7). fi. Indicate 5-foot right-of-way dedication for sidewalk along SE 15t Avenue. 7. Indicate 2-foot right-of-way dedication in alley. 8. Extend sidewalk brick pavers to right-of--way line in alley. Brick pavers to match those used by property (parking garage) north of site. 9. Clearly indicate limits of right of way and center line of the right-of-way of any adjacent streets per LDR Section 2.4.3 (B} {5}. 10. Show nearest existing fre hydrants and add any necessary hydrants per fire department requirements. 11 _ Provide Eocation of existing water service on engineering plans. Use as-bunts for property (parking garage) north ofi site to tie into existing 8-inch water main on SE 1St Avenue. Please make arrangements to pick-up as-bunts from ESD, Engineering Department. 12. Provide separate tap for water, fire and irrigation lines. 13. Provide mare information on proposed plans to drain into City drainage system on SE 1St Avenue. Only an underground system with the appropriate control structure will be allowed. 14. Provide 12-foot exclusive sewer easerrient aver sewer mains. 15. Indicate typical .configuration and Eocation of proposed sewer services with cleanouts. A cleanout will be required on the existing sewer service at a maximum distance of 1Sanches from the right-of-way line andlor easement line. 16. Provide on the detail sheet City of Delray Beach Standard Detail WW 4.1, WW 5.1 or 5.2 (which ever is applicable). 17. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall confiorm to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. 18. Show and clearly label all easements on Landscape and Engineering Plans. 19. No proposed improvetrtents, buildings or any kind of construction can be placed on or within any sanitary sewer easements. 20. No proposed structures shall be installed within a horizontal distance of 10-feet from any existing or proposed sanitary sewer facilities. 29 ..Developer to ensure that no landscaping is planted over any exfiltration trenches. 22. A minimum 10-feet general utility easement is to be provided through the property for al! other utilities except water, sewer and drainage. 3~ SE 1`' f~ven~e, 36 t=first; 2~(}8-(lf4-S°t~-t iPE~-Ct_5 FiPt3 f~t~eting [arch 6; 2~b~ Pacte 6 cif 2~ 23. Provide signed and sealed calculations indicating current and proposed estimated flaws into existing or proposed lift station and force main. Obtain approval from Deputy Director of Public Utilities that City's system has sufficient capacity to treat proposed flaws. 'WAIVER A~YS,~S -~ ~.. The applicant has submitted three (3) waiver requests to the requirements of the Land Development Regulations. 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 special .privilege in that the same waiver would be granted under similar circumstances on other. property for another applicant or owner. Maneuvering Area, Aisle Width, Space Width Pursuant to LDR Section 4.6.9(D)(4)(d}, two-way traffic flaw must be used when perpendicular: parking spaces are used. A waiver to allow cone-way traffic flow system is requested. The applicant has provided .the following statement in support of said request: "In order fo keep trafttc circulation within the small building footprint better organized, and in order fo achieve better accessibility fo fhe parking spaces, we request fhaf a one way fraffrc flow be allowed of this parking Iof. Due fo fhe fact that the building users are going fo be familiar with the access fa these private parking spaces, we feel fhaf this waiver is jusfifiecf. As four of the required spaces are. off site, there will be a lower volume of traffic than normal for an office of this size. Also the parking spaces are private and will only be used by office staff familiar with the layout. The layout of the parking otherwise satisfes the requirements of the LDRs, therefore ,positive findings can be made, pursuant to LDR Section 2.4.7(8){5}(a)-(d). Visibility a# Intersections Pursuant to LDR Section 4.6.'l4(A)(1), a twenty foot (20') sight triangle is required an both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way. The proposed sight triangles at the car park entrance and exit are five feet six inches (5' 6"). 1*ar' this reason, the applicant is requesting relief from the subject LDR and has provided the following statement in support of said request: "Due fo fhe fact fhaf a low volume of fraffrc occurs in the area, we feel that fhe reduction is within reason. A similar waiver has been approved on fhe neighboring property to the north". The reduction in the sight triangles is within reason due to the law volume of traffic expected in the garage, which will be used by office staff only, and as the exi# opens an to an alley with a five foot {5') sidewalk with no on-street parking. Therefore ositive findin scan be made, pursuant to LDR Section 2.4.7(8){5)(a)-(d). Pursuant to LDR Section 4.6.14(A}(2), a forty foot {40') sight triangle is required at a corner formed by the intersection of two (2) or more public rights~of-way. The proposed sight triangle at the northeast corner of the property at the junction of SE 95` Avenue and the alley, is fifiteen feet four 35 S~ 1"venue, 36 First: 20Q8-oG4-SPP-F!i'E~-C;LS HPB i~pet"sng P~larch ~, 2t3Q8 Page ~ ~f 20 inches {15' 4"). For this reason, the applicant is requesting relief from the subject LDR and has provided the fallowing statement in support of said request: "Due to fhe fact that a low volume of Traffic occurs in The area, we feel That fhe reduction is within reason. A similar waiver has been approved on the neighboring property to the north"_ The reduction in the sight triangles is within reason due to the low volume of traffic expected, which will not create an unsafe situation or adversely affect the neighboring area. The intersection is controlled with a stop sign. Therefore positive fndings can be made pursuant to LDR Section f` VfAR[A,N~CB'ANALYSIS y` ~. The applicant has submitted four {4) variance requests to the requirements of the Land Development Regulations. Pursuant to LDR Section 2.2.G{D){6), the Historic Preservation Board (HPB) shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed in the Local Register of Historic Places. Prior to granting a variance, HPB must make the following findings pursuant to LDR Sec#ion 2.4.7{A){5): (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building. involved and, which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall nat constitute a basis for the granting of a variance); (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c) That the special conditions and circumstances have. not resulted from actions of the applicant; (d) That granting the variance will not confer into the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming. use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds far the issuance of a variance; (e} That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that wi[I make possible the reasonable use of the land, building, or structure; and, (f} That the granting of the variance wilt be in harmony with general purpose and intent of existing regulations will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Pursuant to LDR Section 4.5.'I {.t){2), as an alternative to subsection {.i)(1 }, a variance is necessary #o accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (2} That a variance is necessary to maintain the historic character of property through demonstrating that: 36 5E 1 `` avenue, 3B First; ~GGB-Q~~-OFF--t-iPt=i-Ct_~ NPB rvleeting r~t~rcY~ ~, 2t}C18 Aac~e S of ZQ {a} A variance would not be contrary to the public interest, safety, or welfare. {b} The variance would not significantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. Lot Coverage Pursuant to LDR Section 4.3.4(K}, the maximum lot coverage for OSSHAD is 40%. A lot coverage of 68.3% is proposed. Far this reason, the applicant is reques#ing relief from the subject LDR and has provided the following statement in support of said request: "There is no set lof coverage far CBD. Al! existing and proposed CBD-zoned neighboring properties along SE 9st Street (Avenue}, including the City Public Parking sfructure and Worthing Place have close fo 80% lot coverage. The proposed lot coverage is compatible with surrounding properties. This proposed project, however, still complies wifh fhe 25% minimum non-vehicular~open space requiremenf". The variance request is based an the location of the lot, which is adjacent to lots zoned CBD, and also redevelopment that has occurred in the immediate vicinity; therefore special conditions and circufstances exist which are peculiar to the land. Granting the variance would not be contrary to the public in#erest, safety, or welfare. The variance would not significantly diminish the historic character of the Historic District as the praposeci development still complies with the 25% minimum non=vehicular open space requirement. The proposal provides 31 % non-vehicular open space, which is mare than other recently approved developments in the historic district and more in keeping with the open space provided historically. The variance requested is the minimum necessary to effect the adaptive reuse of the site. Therefore ositive findin s can be made, pursuant to LDR Sections 2.4.7{A)(5){a-f) and 4.5.1(J)(2)(a}-(c}. Front Setback Pursuant to LDR Section 4.3.4(x), the minimum required front setback far OSSHAD is 25'. A front setback of 5' is proposed (taking into account the 5' right-of -way dedication}. For this reason, the applicant is requesting relief from the subject LDR and has provided the following statement in support of said request: "Decrease fhe 25' required front sefback for OSSNAD to 5' min. and ?Q' maximum sef back, as per CBD regulations. The proposed sefback will be compatible with most existing and proposed buildings on the CBD zoned parcels along SE tst Avenue, including the City Public Parking Garage, Worfhing Place, and the recenfly approved Block fig Office Building". The variance request is based on the location of the lot, which is adjacent to tats zoned CBD, and also redevelopment that has occurred in the immediate vicinity; therefore special conditions and circumstances exist which are peculiar to the land. Granting the variance would not be contrary to the public interest, safety, ar welfare. The variance would not signifcantly diminish the historic character of this section of the Historic District as recent development approvals in the adjoining CBD overlay in the historic district-have similar front setbacks. Granting this request would align the proposed office building with the other recently approved structures. The variance requested is the minimum necessary to effect the adaptive reuse of the site. Therefore ositive findin s can be made, pursuant to LDR Sections 2.4.7{A){5}(a-f} and 4.5.1{J}(2){a)-{c}. 36 S~ 1'~AvBnue, 3~ Pirst; 2po8-O~i~-SPF-FIPS-CL5 HPB t~eefir~g March B, 2QC~f3 Page 9 of 20 Side Street Setback .Pursuant to LDR Section 4.3.4(x}, the minimum required side street se#back to the north adjacent to the .alley is 15'. The proposed setback is 2' 2". For this reason, the applicant is requesting relief from the subject LDR and has provided the following statement in support of said request: N The smaller setback !s compatible with CBD side setback requirements. !n addition, a 20' wide alley right of way will buffer the proposed bullding with fhe previously approved building to fhe north. Al! existing and proposed CBD-zoned structures along SE 95t Street (Avenue) have a 0' interior side sef back requrremenf". The variance request is based on the location of the lot, which is adjacent to lots zoned CBD, and -also redevelopment that has occurred in the immediate vicinity; therefore special conditions and circumstances exist which are peculiar to the land. Granting the variance would not be contrary to the public interest, safety, or welfare. The variance would not signifcantly diminish the historic character of this section of the Historic District as previously approved developments have smaller setbacks, and the 20' wide alley will .provide space between the proposed structure and the site to the north. The variance requested is the minimum necessary to effect the adaptive reuse of the site. Therefore positive findings can be made, pursuant to LDR Sections2.4.7{A)(5}{a-f} and Side Interior Setback Pursuant to LDR Section 4:3.4(K}, the minimum required side interior setback to the south is 7.5`. The proposed setback is 4' 10". For this reason, the applicant is: requesting relief from the subject LDR and has provided the following statement in support of said request: "The smaller setback !s compatible with CBD side setback requirements, while allowing space for light and ventilation of the structure. All exisfing .and proposed CBD-zoned structures along SE 9$t Sfreet (Avenue) have a 0' interior side setback requirement". The variance request is based an the location of the lot, which is adjacent to lots zoned CBD, and also redevelopment tha# has occurred in the immediate vicinity; therefore special conditions anti circumstances exist which are peculiar to the land. Granting the variance would not be contrary to the .public. interest, safety, or .welfare. The variance would not significantly further diminish the historic character of this section of the Historic District as previously approved developments have smaller setbacks. The variance requested is the minimum necessary to effect the adap#ive reuse of the site. Therefore oositive findings can be made, pursuant to LDR Sections 2.4.7(A)(5)(a-f) and 4.5.1 {J)(2)(a}-(c}. -~ -- - -~ - ;LANpSC~CPE'-~ANALYSIS_;. .~';. The following landscape technical items and notes remain outstanding and need to be addressed: (1 } Please consider eliminating the sod on the west side of the building. {2} Additional ground covers and a mulched path will facility#e future maintenance. 36 SE i``Aven~e, 3B First; 2Q08-064-~PF-FIP6-C;L~ HPE3 Meeting March 0, 2fl08 Pace 10 of 2G -LDR S~C7'ION 7, ' HISTORIC PFiES~R~+'ATION SITES AND ©IS7RIC~[~S~ - ANALY~6S"' LDR Section 2.4.6(H} -Certificate of Appropriateness: Pursuant to LDR Section 2.4.fi(H}(5), the Board must make a finding that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Future Land Use Element of the Comprehensive Plan and specifically with the provisions of LDR Section 4.5.1. Future Land Use Element Objective A-~4: The redevelopment of land and buildings shall provide - - _._ for the preservation of historic resources. The objective shall be met through continued adherence fo the Cify's Historic Preservation Ordinance and the fallowing policies: Future Land Use Element Policy Q-4. T : Prior to approval or recommending approval of any land use or development applicafion for property located within a hisforic district or designated as a historic site, the Historic Preservation Board must make a frnding thaf .the requested action is consistent with the provisions of Secfion 4.5.7 of the Land l7evelopmenf Regulafions relating to historic sites and districts and the "Delray Beach Historic Preservation Design Guidelines': Relocation Pursuant to LDR Section 4.5.1(E)(5}, relocation ofi historic buildings and. structures to other sites shall not take place unless it is shown that their preservation on their existing or original -sites is nflt consistent with the purposes of this .Section or would cause undue economic hardship to the property owner. The existing structure on the site is a contributing structure to the Old ScFioof Square His#oric Iistrict; however, its historic setting has been drastically and irreversibly compromised by recent approvals fior the construction of a new four-story parking garage, the Block fig Office Building and the Worthing Place residential project. Further, the contributing structure on the property to the north was demolished and replaced. with a parking lot due to the irreparable structural damage caused by water ingress and neglect. While relocating a historic structure is preferable to demolition, relocation typically has a negative impact on historic districts. In this particular case, however, the historic character of the block has been lost. Although no documentation or financial disclosures have been submitted, the applicant has stated the following with regard to economic hardship: "There is now undue economic hardship to the property owner because as a residence if has decreased in value and is less desirable to live in due fo the additions of those buildings mentioned in A above". (The additions referred to are the parking garage, Block 69, and Worthing Place). Relocating the house will preserve it for the future and the applicant appears to have found a new site for it at 310 NE 15f Avenue in the Oid School Square Historic District. Mr. John Hock has submitted a letter stating he would like to relocate the structure and utilize it as a guest house at his property at 310 NE 1St Avenue. If approval is given for the relocation of the house, the fallowing conditions of approval must be met: (1) A COA application for relocating the house must be submitted by the prospective owner and the application must be approved by the HPB. 3v SEw ~`'`A~enue, 36 i=ir~t: 2008-0~,4-~PF"-i-iPa-Gi_5 ~IPB Meeting March 6, 2008 Page 11 nfi 20 (2) Pursuant to LDR Section 4.3.3(Q)(2}, a guest eoftage shall not occupy more than 1120tH of the Eat area and in no case shall exceed a floor area of 700 square feet. The structure has a total floor area of 767 square feet with an unencfosed carport of 158 square feet. A waiver request for relief from this section of the LDRs will be required. (3) The house must be moved to an appropriate location such as a historic district. If the house is moved to a location outside a historic district, an application should be submitted for individual listing for its future protection. {4) Relocation does not take place until the permit for the redevelopment plans has been issued. LDR Sections 4.5.'I (E)(4, 7 and 8), "Development Standards" provides regulations in evaluating Certificates of Appropriateness. (4) A historic site, or building, sfrucfure, site, improvemenf, or appurtenance wifhin a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of fhe interior's Standards for Rehabilifafion, as amended ~frorn time to time. The applicable Standards are as follows: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural feafures fo protect the historic integrity of the property and its environment. (Standard 9) New additions and adjacenf or related new construction shall be undertaken in such a manner that if removed in fhe future, fhe essential form and integrity of the hisforic properly and ifs environment would be unimpaired.. (Standard 90J The overall design of the proposed structure is compatible with the Old School Square Historic District but is clearly differentiated from the historic building stack through the use of modern materials such as the standing seam metal roof, aluminum windows, and decorative aluminum shutters. The proposed structure is compatible in terms of massing, size, and scale as it is a two- story structure approximately 29.5' high and has a frontage of 50'_ The north and south facades are longer, measuring 121' 8" and 125' 4" respectively; however, their massing has been reduced. The north elevation massing is reduced by the projecting bays, the openings with metal grills and t#ie parking lot entrance and exit. The south elevation massing is reduced by the projecting bays, the openings with metal grills and the second floor exterior walkway. (7} The construction of new buildings or structures, or the relocafion, alteration, reconstruction, or major repair or maintenance of a non-confribufing building or sfrucfure within a designated historic district shall meef the same compatibilify standards as any material change in fhe exferior appearance of an existing non-contribufing building. Any material change in the exterior appearance of any existing non-contributing building, sfrucfure, or appurtenance in a designated historic district shall be generally compatible wifh the form, proportion, mass, configuration, building material, fexfure, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate fo fhe non-confributing building, sfrucfure, or site. As noted above, the proposed structure is generally compatible with the historic buildings in the Old School Square Historic District. The proposal is generally compatible in terms of form, proportion, mass, material, texture, color, and location with the existing historic structures. (8) All improvements to buildings, structures, and appurtenances shalt be visually compatible. Visual compatibility shall be determined in Perms of height, fronf fagade proportion, proportion of openings (windows and doors), rhythm of solids to voids on fronf facades, rhythm of buildings :, 36 SE 1"~~enue, 38 {~irst; 21108-Ofs4-SPF-i-tPiw3-C~,S HPB M~:etirsg March 6; 2008 Page 'f 2 of 20 on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of franc elevation. The proposed structure is generally compatible with the historic building stock in terms of height, front facade proportion, proportion of openings {windows and doors), rhythm of solids to voids on front facades, rhythm of buildings on streets, rhythm of entrance andlor porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of front elevation. The scale of the proposed structure is larger than the historic building stack; however, this is most notable on the north and south facades and not the east (front} fagade. As stated above, the massing of the north and south facades has been successfully reduced. It should also be noted that the proposed structure is much smaller in scale than other recently approved structures on the block. Therefore, ositive findin scan be made with respect to the visual compatibility. The Delray Beach Historic Preservation Design Guidelines suggests the following: In a historic disfrict, consider the surrounding buildings and the compatibility of the addition in terms of size, scale, materials, mass and roof form. All new construction should complement the historic architecture of the district. Materials should be compatible in qualify, color, texture, finish, and dimension fo those commonly found in the historic district.. As stated above, the proposed structure is generally compatible with the surrounding buildings. Analysis As illustrated throughout the analysis of the above noted review criteria, the subject development proposal is generally compatible with the historic building stock in the Old School Square.Historic District. The lot coverage and scale are greater than those found in the historic building stock; however, the applicant has requested a variance for the greater lot coverage and the scale i5 not obvious from the front elevation and is smaller than other recently approved structures on the block. Based on the analysis above and provided throughout this section, positive findings can, be,.made with the respect to-those Hated LDRs in Section 4.5.1. ,: Rtw,QUIRFD FINDINGS .' Pursuant to 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, 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 four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of Other Mixed Use {OMU} and a zoning designation of Old School Square Historic Arts District (OSSHAD). The OSSHA^ zoning district is consistent with the OMU isuture Land Use Map designation. Pursuant to tDR Section 4.4.24{B){3}, business, professional, medical, and governmental offices are permitted. Based upon the above, it is appropriate to make a positive finding with respect to LDR Section 3.1.1 {A}, Future Land Use Map Consistency. 3~ S~ ~'` Flvenue, 3~ i•=first; 20Q8-X64-SPF-HP~3-CLv NPB ~Jleeting PJlarch ~; 20€3 Page 13 of 2Q CONCURRENCY: Facilities which are provided by, or through, the City shall be provided #o new development concurrent with issuance of a Certificate of Occupancy. These facilities shalt be provided pursuant to levels of service established within the Comprehensive Plan. 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 in order to maintain the Levels of. Service Standards established in Table Cl-COP-1 of the adapted Comprehensive Plan of the City of Delray Beach. The development proposal is to relocate the existing residential unit and replace it with an office building. The aforementioned use will not have a negative impact with .respect to concurrency as they relate to traffic, parks and recreation, solid waste, drainage or schools. Appendix A contains information with respect to the applicable concurrency items. Section 3.1..1 B - Concurrenc As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 {C) - Cansistency ~$tandardS 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. Section 3.1.1 D - Com fiance With the Land Devela ment Re ulations: As described under the Site Plan Analysis of this report; a positive finding of compliance. with the LDRs can be made. COMPREHEN, SIVE-.PLAN POLICIES: Fufure Land Use Element Objective A-7: Property shall be developed or redeveloped in a manner so that the future use and intensify is appropriate and complies in .terms of soil, fopographic, and other applicable physics! considerafians, is complimenfary fo adjacent-land uses, and fulfills remaining land use needs. As illustrated in the chart below, the abutting properties are all consistent with the subject property with regard to zoning designation and are generally compatible with regard to use_ Therefore, positive findings can be made with regard to Future Land Use Element Objective A-1. Zonirlp Designation Use North: (Central BusB ess District) Parking Lot South: OSSHAD Single Family Residential (Old School Square Historic Arts District) East: (Central. B s~ ess District) Commercial Wesf: OSSHAD Single Family Residential (Old School Square Historic Arts District} Future Land Use Element Polic C-1.2 The Cify shalt work with the Community Redevelopment Agency (CRA} for the improvement of neighborhoods within the CRA boundaries. 30 S 1`'`Avenue, 3~ f=first; 20J8-D~i4-SPf"-HPf3-C~b HPf3 PJleetfng fvlarch 6, 200€3 fags 14 of 2t? The sub)ect property is located within the CRA boundaries. As noted above, the City shall work with the CRA to improve the areas within the CRA boundaries. s`S S~S ~ ENT ND, G!; ~VCLUSi[)N ~ ~ ~ .: ,.~ ~ ~.. The development proposal involves the relocation of a contributing structure and new construction of an office building. Removing a historic structure from a district does have an adverse effect on the districi as a whole; however, the setting of this structure has been adversely affected through recent demolitions and recent development approvals. Relocation of the structure to an appropriate setting will ensure its future continued use and protection. As Hated above, the proposed new office building is generally compatible with the historic building stock in the Old School Square Historic District. Positive findings can be made with respect to the proposal's consistency with the Comprehensive Plan and compliance with the criteria set forth in the l_DRs, the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines. A. Continue with direction. B. Move approval of the Certificate of Appropriateness, Class V site plan, landscape plan, design elements, waiver requests and variance requests for 36 SE 15t Avenue, 36 First, Old `School Square Historic District, 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 the criteria set forth in the t_and Development Regulations, the Delray Beach Historic Presentation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject.,to the following conditions: 1. That sketches are provided of the proposed fencing and the decorative metal security gate on the east elevation. 2. That dimensions of the proposed signs are provided. 3. That elevations of the solid waste enclosure indicating height, gating and materials are provided. 4. That the height to the mean roof level is dimensioned and labeled on the drawings. 5. That the five foot (5') right-af--way dedication for SE 1St Avenue is accepted by the City Commission prior to site plan certification. 6. That the two foot (2') right-of-way dedication for the aEley is acce}~ted by the City Commission prior to site plan certification. 7. That the Site Plan and Engineering Technical Comments noted in the Staff Report be addressed. 8. That the Landscape Technical Comments noted in the Staff Report be addressed. 9. That a COA application for relocating the house is submitted by the prospective owner and the application is approved by the HPB. 14. That a waiver request for relie# from Section 4.3.3(Q)(2} of the LDRs regarding the maximum permitted size of a guest cottage (744 square feet} is submitted by the prospective owner of the house. 3S SE 1`'`Avenue. 36 Fiat; 2Gt38-i1~i4-SF'F-t-4P~3-=`.L~ FiPB ftee#fng "fiarch 6, 24b8 Pace 15 of 24 11. That the house is relocated to an appropriate location such as a historic district or, if the house is moved to a location outside a historic district, an application is submitted by the prospective owner for individual listing. 12. That relocation does not take place until the permit for the redevelopment plans has been issued. 13. That a detailed statement is submitted with revised plans explaining haw each of the aforementioned items has been addressed. C. Move denial of the Certificate of Appropriateness, Class V site plan, landscape plan, design elements, waiver requests, and variance requests for 36 SE 15t Avenue, 36 First, OId School Square Historic District, 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 the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. .__ STA1=1= REC'O, MEND.`ATIO. By separate motions: Site Plan Approve the Certifcate of Appropriateness, Class V site plan, and landscape plan, for 36 SE 1St Avenue, 36 First, Old School Square Historic District, by adapting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, sub'ect to the follawin conditions: 1. That dimensions of the proposed signs are provided. 2. That elevations of the solid waste enclosure indicating height, ,gating and materials are provided. 3. That the height to the mean roof level is dimensioned and labeled on the drawings. 4. That the five foot {5') right-of--way dedication far SE 15t Avenue is accepted by the City Commission prior to site plan certification. 5. That the two foot (2'} right~ofi-way dedication for the alley is acceptdd by the City Commission prior to site plan certification. 6. That the Site Pian and Engineering Technical Comments noted in the Staff Report be addressed. 7. That the Landscape Technical Comments noted in the Staff Report be addressed. 8. That a COA application for relocating the house is submitted by the prospective owner and the application is approved by the HPB. 9. That a waiver request for relief from Section 4.3.3{Q)(2} of the LDRs regarding the maximum permitted size of a guest cottage (7'00 square feet} is submitted by the prospective owner of the house. 10. That the house is relocated to an appropriate location such as a historic district or, if the house is moved to a location outside a historic district, an application is submitted by the prospective owner for individual listing. 11. That relocation does not take place until the permit for the redevelopment plans has been issued. 12. That a detailed statement is submitted with revised plans explaining haw each of tide aforementioned items has been addressed. 3~ S;= 1``F`~ve~ue, 3f~ First: 2~,o8-~G~-SPF-f-IPt3-CL5 ~iPB Fvt~~ting March 6, 2~OF~ Pa€~~ 1~ of 20 Design Elements Approve the proposed design elements associated with the Certificate of Appropria#eness and Class V Site Plan for 3fi SE 1St Avenue, 36 First, Olcl School Square Historic District, 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 the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following condition: 1. That sketches are provided of the proposed fencing and the decorative metal security gate on the east elevation. Waiver Request Recommend approval to the City Commission for the waiver request 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, based on the ability to make positive findings, pursuant to LDR Section 2.4.7{B}{5}(a}-(d). Waiver Request Recommend approval to the City Commission far the waiver request to LDR Section to LDR Section 4.6.14(A){1), to .allow sight triangles measured at 5' 6" where twenty foot {20') sight triangles are required on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way, based on the ability to make positive findings, pursuant to LDR Section 2.4.7(B){5){a)-(d). Waiver Request Recommend approval to the City Commission for the waiver request to LDR Section 4.6.14(A){2}, to allow sight triangles measured at 15' 4" where forty foot {40'} sight triangles are required at a corner formed by the intersection of twa (2'} or more public rights-of-way, based on the ability to make positive findings, porsuant to LDR Section 2.4.7{B}(5)(a}-(d}. Variance Request Approve 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%, based on the ability to make positive findings, pursuant to LDR 5ections2.4.7{A)(5){a-f) and 4.5.1(J}(2){a)-(c). Variance Request Approve the variance request to LDR Section 4.3.4(x), to allow a reduced front yard setback of 5' 10n where the minimum required #ront setback for OSSHAD is 25', based on the ability to make positive findings pursuant to LDR Sections 2.4.7(A}{5)(a-f) and 4.5.1 {J)(2}(a}-(c}. Variance Request Approve 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', based on the ability to make positive findings, pursuant to LDR Sections 2.4.7{A}(5)(a-f) and 4.5.1(J)(2)(a)-(c). Variance Request Approve 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', based on the ability to make positive findings, pursuant to LDR Sections 2.4.7(A)(5}{a-f} and 4.5.1 {J}(2}{a}-{c}. 3~i S~ 1-`~ven~e, 36 first; 20(18-0164-SPf=-~'PE3-~;LS HPB Meeting PJlarct~ G, 200€3 Page 'i 7 of 20 Reporf prepared by: Warren Adams Attachments: • Survey • Site Plan • Landscape Plan • Elevations • Existing Photos • Photos of Surrounding Properfies • Streetscape • Rendering • Letter from Mr. John Hock 3n ~E 1`'`Au~n~e, 3~ first; 2C08-~i64-SPA-f-IPI'3-C;LS HPB Muting March ~, 2C0£3 Page 18 of 2C ~ ~ X ,3 l'~ ~ ~~~µYC4 _~n' r C ~,-. Pursuant to Section 3.1.1 (B) Concurrency as defined pursuant to Objective 13-2 of the Puture 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 af, needed capital improvements for the following areas: Water and Sewer: • Water service exists via an 8~ water main along SE 1St Avenue. • Sewer service exists via an 8" sewer main along SE 1St Avenue, an 8" sewer main along the alley to the north of the property, and an 8" sewer main to the rear of the property. • Adequate fire suppression is provided via the fire hydrant to the south of the property, along SE 1St Avenue. Pursuant to the City's 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 Endings can be made with respect to this lave! of service standards. Drainage: A preliminary drainage plan has been submitted. There should be no impact on drainage as it relates to this level of service standard. Steeets and Traffic: The subject property is located within the TCEA, which, pursuant to the City's Comprehensive Plan, exempts development proposals from submitting a traffic study. However, a traffic statement<was submitted which indicates tha# the proposed development will result in an increase of seventeen (17) am peak trips and twenty {20) pm peak trips. Parks and Open Space: 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, a fee of $500.00 per residential unit per dwelling unit regardless of the size or occupancy of the unit must be collected prior to issuance of building permits for each unit. No residential units are proposed. Solid Waste: The proposal calls for the construction of office space. Trash generated each year by the development will be 14.24 tons of solid waste per year (Office - 5,274 square feet x 5.4 pounds 28,480).- However, the Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive Ending with respect to this level of service standard can be made. Schools: A School Concurrency Application is not required. 3~ S~ 1`~~venue, 3~ first; 208-t3G4-SPt~-t-fPQ-~;LS HPE3 i~1P.ef-sng fJlarc fi; 20(18 Pace 'E9 of 2~ -~--~- APi ~E DIX`>;~ ~ ,, STA iS', FOR lT ~ A' ~'CTaONS 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 X Does nat meet intent B, Separation of different forms of transporta#ion shall be encouraged. This includes pedestrians, bicyclic#s, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X - A bicycle rack has been prodded. Does n'ot 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 Nat 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 modification will be detrimental and result i`n 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 X Meets intent of standard Does not meet intent [=. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in #erms 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 shat! result in the provision of a variety of housing types which shad continue tv accommodate the diverse makeup of the City's:, 3f 8E 1'` ~~enue. 3~i i-irat; 2GG8-GGh-SPf=-1-EP}3-£:,L~ HPB P~teeting tvlarch 6, 2GtI8 Page 2f3 0'€ 2G demographic profile, and meet the housing needs identifed in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Nat applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the' proposal will have on the stability of nearby ne'ighbnrhoods. l=actors 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 resu[# in a degradation of any neighborhood, the project shall 6e modified accordingly or denied. -Nat applicable Meets intent of standard X Does not meet intent L Development shall not be approved if traffic associated with -such development would create a r~ew high accident location, or exacerbate an existing situation causing it to b'ecom'e a High accident location, without such developmen# 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 teerES, shall be a feature of all new housing developments as part of the design to accommodate households. having a ravage of ages. This requirement may be waived or modified far residential developments located in the downtown area, and for infill projects having fewer than 25 llnitS. Not applicable X Meets intent of standard Does not -meet intent _ ~ • 7 ~~ . 1 l _ SI ~ ` r I~ ~ ^ .' ~~~ ~ , ;~ ~.. ~~ • #. w: i 1~ 1 of - -~~~ i `i .- - .,. r _~ ~~ ~~ ~• .• r f .! t ~~~ ~k '~~ 1 ^ ~' ~, 1 w ~+1 ~. ~~ 'I r • r .. ~, ~ - - ~ - . - ~ - -- ~ - 1 ' ~~ 1 ,+ ~11 w . ~y • , i } ~ ~ li i r '`.I __ _ _ _ _ r :_ _ _ _. ~ _ .~. • - ~ - ~ ~ 1 • !j ~ ` ~~ f r, _ r i f - Z -` ~ _ ~~ .~_ ~ ~ _ ~ _ r ,~~ ^ .~ ~~ ~ ~ ~~ ..~ t ~~ `.~ ~ f4~ :IEEE. W W ~ r4~3 Q W a a c~ t~ z ~G~ a a. a w ~. 0 c~ a N r Lt! N m t'7 r~ ~ : ~ -~ i : . ~. ~ ~ • ~ ~~ .. .~ ~~ ~~~ ~, ,. .~ ti •~ - ~ }~ I 1~ ~ ~~.`_ r - ~~ i~ I ~. ~ ~ 1 1 ~. ~+ ._~ _ ~ ~~ -: ~~ ~ u +~ ~;~ ~ ~~ ~~ h~ - ~ .,. ~ ~, r ~ T i ~ l~ ~~ ~ ~ ~- ~ -~ ; ~. _~ ~ ~ ~'- ~ . ~ ~~ ~i ~ ~ .. ~ ,;~ _ r _ `' ~ ~ x ~ ~' ~ ~~ ,. ;, ~~ ,~ ~ ~ ~1 4 ~ ~ L ' t~ ~ ~ - _ _ . - - a ~ ~ sra' ~ _ - ~ _ ~ ', ~ ~ r \~ I ~ C ~i ~~ ~ ~ ~ ~ I r `I ~ . J ~; f y .1 1 ~. ~ ~ . _ - r ~ . ~• J ~` ~~ M ~~. r ;.: ~,~ ~ ~~ i ~ ' 'i } ~ i __ _ r' k~ -~' ' ~ I:~ ,~ ~.. _ r ~ ~ • ~ ~i :~ ~~r 7 ~ 4 rr, ` ~' ~~ a ~ M~ _ ~ f ~~ 4 ^ . * ~ • / ~~~ .~ • s .~ ~ ~} t +~ ~ ~ ~~ ~: _ . */ !1 1'_•-Z t ` ~ , i ~ ~~~ _ ` it ~ L i~ i ~ T ~ N + ~ 3 ~" =', A T L A N T I C w ~' .. 1 S.W. s.w. }sT sr. F ~z~ z~ A V E N U E ~~ S.E. 0 z N W ~ ~ 3RD sr. ST. N SUBJECT PROPERTY J~ 12-43-a6-16-01-069-oi6t 36 SE 1ST AVENUE qTY OF OELRAY BEACH, ~ ,~ ~.- ~~: L.QCATI4N MAP PLANNING k 20NING OEPAftTMENT ---~ D!ClTAL B9SE MAP SYSTEM -- MAP REF: 5:\Plonning &Toning\OBMS\FEe-Cab\2-LM 1001-15DD\LM1061_36 SE fst. Avenue 2Nfl ST. 3RD ST. ' 16 ~ 88. .. ~1.. an .. _.~ . ~ 'D~SIGN'• BUILD Biuli~ing HoMes & Relntianshtpa Genrrnl C.onuaaor CCC 056334 October ~2, 207 ~.ezi~~ rwt-,~ are n~ . 31~ N.~. IstAvenue • DelrayBearh Florida a344A • P3f,ane (bbl) 276-8687 ^ Fax (SG3j z76-821G Tf7TAl P Gib WEINER, ARONSON & MANKOFF, P.A. ATTORNEYS AT LAW 10 S.E. 1~ Avenue Delray Beach, FL 33444 Telephone. (5fi1) 2fi5-2666 Teleoopier: (5fi1} 272-6831 E-mail: mweiner ci~zonelaw.com MICHAEL S. WEINER KERRY ©. SAFIER CAROLE J. ARONSON STEPHEN B. GEBELOFF JASON S. MANKOFF RECEIVED March 18, 2008 3 ~~ ao ~ ~ CITY CLERK vfa Hand Delivery Ms. Chevelle Nubin, City Clerk City of Delray Beach 100 NW 1~ Avenue Delray Beach, Florida 33444 Re: Appeal of the Decision made by the Historic Preservation Board on March B, 20Q8 for the property located at 36 SE 1'` Avenue Our File No.: ZENG{107 Dear Chevelle: 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, Southern Development Services, Inc., the owner of the property and the applicant (`Appeltantp). This appeal is being made in writing and directed to the Delray Beach City Cleric. The fee in the amoun# of Three Hundred Thirty Five Dollars ($335.00 is enGosed. The action being appealed is the decision made by the Historic Preservation Board (°HPB") on March 6, 2008 (the "Decision°}. The basis of the appeal and the relief being sought are discussed further below. The Appellant's interest is that the Appellant is the owner of the property and the applicant who has delivered a Class V Site PIanlCertifcate of Appropriateness Application and related waivers and variances {`Application°) to the City of Delray Beach (°Ci#y") for processing. The basis of the appeal is that (i) HPB failed to apply the ordinances of the City to the Decision correctly; and (ii) failed to rule in favor of the Appellan# after the introduction of substantial competent evidence which meals the requirements for the relief sought. The ruling was contrary to the evidence and the testimony offered. The relief sought before the City Commission is a reversal of the Decision and the approval of the Application as presented to HPB at its meeting held on March 6, 2008. Site Plan The approving body must make a finding that the development of the property pursuant to the site plan will be comps#ible and harmonious with adjacen# and nearby properties in the City as a whole so as nat cause substantial depreciation of property values. As the Staff Report indicates and as the evidence provided to HPB corroborated, #his standard has been met. o:~t~.~oo7wppea~.doc City Clerk March 1$, 2Q08 Page 4 of 4 the size of the cottage being moved will in fact be less than seven hundred square feet (700 sq. ft.}. The Staff Report states that the historic character of the black has been lost prior to this proposed project. No evidence was introduced to refute any of the findings of the Staff Report. The Staff Report is attached as Exhibit "A" and is hereby incorporated within this appeal. Attached as Exhibit "B" is the HPB Checklist, of which we meet the required findings. 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(E} that an appeal shall be conducted as a new evidentiary hearing via de nova review. We are willing to discuss conditions of approval in connection with this de novo review. Please advise me of the date upon which this appeal will be heard before the City Commission. Thank you very much for your assistance in this matter. Very trul ours, ~/% Midfi~l~: Weiner MSW:alv:vf:ek Enclosures cc: Mr. Paul Darling (via hand delivery w/ enclosures) Susan Ruby, Esquire (via hand delivery w/ enclosures} Mr. Jim Zengage (wl enclosures) Mr. Francisco Perez (w/ enclosures) Jason S. Mankoff, Esquire (wl enclosures} Ms. Ashlee L. Vargo (wl enclosures) 0:1ZENJ0071Appeal.doc EXHIBIT '%,~ .ITEM BEFORE THE BOARD The action before the Board is that of approval of a Cer#ificate of Appropriateness that incorporates the fallowing aspects of the development proposal for 36 SE 1st Avenue, "36 First", Old School Square Historic District, pursuant to LDR Section 2.4.5(F}: • Relocation of Contributing Structure (to be processed as a separate COA); • Class V Site Plan; Design Elements; • Waiver Requests; • Variance Requests, and; • Landscape Plan. BACKGROUND The subject property consists of Town of Delray Lts 16 to 18 InclLess S 75 Ft/Blk 69 (Old School Square Historic District} and is located on the west side of SE 1st Avenue approximately seventy feet (70') north of SE 1st Street. The property contains a contributing structure, whicfi was constructed c.1937. The one-story building is of wood frame construction and has a floor area of 767 square feet with an unenclosed carport of 158 square feet. The structure is in very good condition and retains original internal features such as wood paneling. In June, 2005, administrative approval was given to replace the roof shingles. On October 2, 2007, the applicant appeared before City Commission to request that the property be subject to the standards of the Central Business District (CBD) Zoning District. Staff stated that it would be more appropriate that the regulations for the OSSHAD be maintained for the property and any relief be sought accordingly. Staff established this position to avoid the possibility of a development proposal utilizing a taller building height allowance and also to avoid introducing incompatible uses. PROJECT DESCRIPTION The subject application proposes to develop the property located at 36 SE 1st Avenue by achieving the following: Relocation of Contributin Structure The existing wood frame structure is a one-story, single-family dwelling, which was constructed c.1937. It is to be relocated to 310 NE 1St Avenue in the Old School Square Historic District. New Construction The subject application involves construction of a 10,739 square foot, two-story office building. The first floor measures 5,952 square feet comprising a vestibule, stairs, elevator and electric room {487 square feet allocated as office space) and 14 parking spaces (5,465 square feet}. The second floor contains 4,787 square feet of office space. The two-story vernacular style building will be approximately 29.5' in fieight to the mean roof level. The east {front) and west {rear) elevations are fifty feet (50') wide. The east elevation contains a projecting bay for the entrance from SE 1s` Avenue. The west elevation contains three, seven foot 3G SE 1'' A~enrre, 36 First; 200f3-(}G4 SPF-HPQ-CL5 HPQ Meeting March Ei. 2ElE)8 F'aae 2 of 20 eight inch (7' 8"} square decorative metal security grilles which supply ventilation to the first floor parking area. The south elevation measures 125` 4" long and contains an open walkway for office access at second floor level. The north elevation measures 121' 8" long and contains three projecting bays with four, 7' 8" square decorative metal security grills that provide ventilation to the frst floor parking area. Between the projecting bays are the entrance and exit to the parking area. The exterior contains the following details: • Wall finish -First floor: smooth stucco, Moon Shadow Second floor: stucco siding with smooth stucco to projecting bays, Natural Elements; • Windows -single hung, aluminum frame, impact resistant, two-over-two configuration, White; • Doors -aluminum frame, White; • Roof -Standing seam aluminum, Mill Finish; • Shutters -Aluminum, decorative, Gettysburg Gray; • Trimlfascia -Wood, White; • Guardrail -Aluminum, Gettysburg Gray; • Security Grills -Decorative Metal, Gettysburg Gray. SITS PLAN ANALYSIS ,`k COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 2.4.5[F1[5) - Comaatibility [Site Plan Findinos): 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. SUBMISSION REQUIREMENTS -Standard Plan Items Pursuant to LDR Section 2.4.3[B][15], the location of any buffers, fencing, walls must be indicated. A sketch of the type of such feature shall be provided. Sketches must be provided of the proposed fencing and the decorative metal security gate on the east elevation. This has been attached as a condition of approval. Pursuant to LDR Section 2.4.3{B}{16], the location of proposed signing with an indication of proposed height and dimensions is required. Note: Sign approval is not a part of a site plan approval}. The location of the proposed signage has been indicated; however, dimensions are required. This has been attached as a condition of approval. Pursuant to LDR Section 2.4.3{B]{18], the proposed location for solid waste disposal facilities should be noted, with a note or detail provided identifying the height of required enclosures, the type of gating, and the type of materials to be used for the enclosure. Elevations of the enclosure indicating height, gating and materials must be submitted. This has been attached as a condition of approval. The above noted requirements are listed under "Technical Items" and included as part of the Board's direction. 36 5E 1S' Avenue, 36 First; 2448 464-SPF-F-IF'E3-CL5 HF'13 Meeting March f, 244£3 Page 3 of 20 LDR Section 4.3.4{Kl Development Standards Matrix--Old School Square Historic Arts District [OSSHAD] Zonins~: The following table compares the proposal with the OSSHAD Zoning district requirements of LDR Section 4.3.4(K}: Allowed) Proposed Required Maximum Lot Coverage 40% 67.2%' Maximum Buildin_q Height 35' 29.5' 2 Minimum Building Setbacks Front-East 25' 5' 10" a Side Street-North 15' 2' 2" a Side Interior-South 7' 6" 4' 10" s Rear-West 10' 13' 7'/a" 1 Variance requested. 2 Scaled. 3 Variance requested. 4 Variance requested. 5 Variance requested LDR Section 4.3.4{J)-Height The LDRs define height as the vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between tie beams and ridge for gable, hip, or gambrel roofs. The height to the mean level has not been indicated. The height to the mean level must be shown on the drawings. This has been attached as a condition of approval. 4.4.24 -Old School Square Historic Arts District Zoning Regulations Purpose and Intent The Old School Square Historic Arts District (OSSHAD) is a mixed use district which is intended to: 1. Provide for mixed uses of residential, office, and commercial activities, with an emphasis on the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the area; 2. Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach' ; 3. Improve the environmental quality and overall livability of this His#oric District and stabilize and improve property value therein, and; 4. Allow uses which promote preservation and adaptive reuse of all structures within the District. The subject applica#ion meets the purpose and intent of numbers 1 and 3 above as an office building is being proposed, which will contribute to improving and stabilizing property values. There is some concern over the proposed relocation of the existing contributing structure as this does not meet the purpose and intent of numbers 2 and 4 above. The proposed relocation is further analyzed below under section "LDR Section 4.5.1-Historic Preservation Sites and District Analysis". Parking Pursuant to LDR Section 4.4.24[G)[4)[a}, all non-residential uses, with the exception of restaurants, shall provide one parking space per 300 sq. ft. of total new or existing floor area being converted to non-residential use. The proposed development has 5,274 square feet of office space 36 SE 1 s' ~ver7i.r?, 36 f=first; 2008-064-5PF-HF'B-CL5 I-IPI~ Meeting March 6, 2008 Pace 4 of 20 therefore 18 spaces are required. The parking area on the first floor contains 14 spaces. Four (4) spaces have also been purchased at the Federspiel Parking Garage. The request to purchase the 4 spaces was approved by City Commission on February 5, 2008, therefore this requirement of the LDRs has been met. Pursuant to LDR Section 4.6.9{E}{2] new parking spaces constructed in the right-of-way adjacent to the property may be issued credit towards required parking. in addition to the above parking spaces, one new on-street parallel parking space has been provided. RIGHTS OF WAY -DSMG (Development Services Management Group} At its meeting of February 8, 2007, the DSMG made the following determinations: SE 1st Avenue Pursuant to LDR Section 5.3.9(D}{2] and the Transportation Element of the City's comprehensive plan, the ultimate right-of-way width for a local street is 60' while only 40' of right-of-way currently exists for SE 1st Avenue. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Sen-ices Group (DSMG), may grant reductions in right-of-way width. The City Engineer and DSMG have determined that a reduction in right-of-way width to fifty feet (50') would be appropriate for this portion of SE 1st Avenue. Therefore, a dedication of five feet {5') of right-of-way is required and has been depicted on the proposed development plans. The dedication must be accepted by the City Commission. This requirement has been added as a condition of approval. Allen Pursuant to LDR Section 5.3.1 {D}{2], the required width of an alley is twenty feet (20') or the existing dominant width. The City Engineer and DSMG have determined that the subject development shall provide two feet (2'} of new alley right of way, or half the width of the additional four feet (4'} needed to improve the alley to twenty feet {ZO'). Therefore, a dedication of two feet (2') of right-of-way is required and has been depicted on the proposed development plans. The dedication must be accepted by the City Commission. This requirement has been added as a condition of approval. The right of way dedications shall be made prior to site plan certification for an approved development proposal. Technical Items: The Preliminary Engineering Technical Comments are as follows and must either be addressed prior to approval of the application or certification of approved plans: 1. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 (A}, {B) and {©). Existing grades should be taken approximately 10-feet outside all subject property lines for all adjacent properties. Survey shall provide sufficient information to determine historical drainage pattern. Survey needs to be completed within the last 6 months per LDR 2.4.3 (B}(20). 2. The survey site plan, landscaping plan and preliminary engineering plan shall be at the same scale per LDR Section 2.4.3 {B) (1}. All plans shall be drawn on 24" x 36" sheets and at a scale of 1" = 10', 1" x 20' or 1" x 30", unless approved by the City Engineer. 3. Provide existing elevations on existing roadway including edge of pavement and center fine. 4. Provide finished floor elevation. If finished floor elevation is less than 18-inches above centerline of adjacent road a certification is required from a professional registered engineer stating that the property has adequate drainage to ensure that flooding will not occur in a 100-year storm event. LDR Section 7.1.3 {B) (2). 36 SE 15r A~~nue, 3h First; 2008-064-5PF-HPB-CL5 HPCi Meeting March 6, 200ti Page 5 of 20 5. Site is required to retain 5 year 1 hour storm {3.2") in addition to meeting water quality criteria (1 "). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. See LDR Section 2.4.3 (D) (4) and (7}. 6. Indicate 5-foot right-of--way dedication for sidewalk along SE 1s~ Avenue. 7. Indicate 2-foot right-of--way dedication in alley. 8. Extend sidewalk brick pavers to right-of--way line in alley. Brick pavers to match those used by property {parking garage} north of site. 9. Clearly indicate limits of right of way and center line of the right-of--way of any adjacent streets per LDR Section 2.4.3 {B) {5). 10. Show nearest existing fire hydrants and add any necessary hydrants per fire department requirements. 11. Provide location of existing water service on engineering plans. Use as-builts for property (parking garage} north of site to tie into existing 8-inch water main on SE 1 Sr Avenue. Please make arrangements to pick-up as-builts from ESD, Engineering Department. 12. Provide separate tap for water, fire and irrigation lines. 13. Provide mare information on proposed plans to drain into City drainage system on SE 1St Avenue. Only an underground system with the appropriate control structure wilt be allowed. 14. Provide 12-foot exclusive sewer easement over sewer mains. 15. Indicate typical configuration and location of proposed sewer services with cfeanouts. A cleanout will be required on the existing sewer service at a maximum distance of 18-inches from the right-of-way line andlor easement line. 16. Provide on the detail sheet City of Delray Beach Standard Detail WW 4.1, 11VV11 5.1 or 5.2 (which ever is applicable). 17. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees ar shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. 18. Show and clearly label all easements on Landscape and Engineering Plans. 19. No proposed improvements, buildings or any kind of construction can be placed on or within any sanitary sewer easements. 20. No proposed structures shall be installed within a horizontal distance of 10-feet from any existing or proposed sanitary sewer facilities. 21. Developer to ensure that no landscaping is planted over any exfiltration trenches. 22. A minimum 10-feet general utility easement is to be provided through the property for all other utilities except water, sewer and drainage. :~0 5E 1 s' Av~nuE, 36 r=first; 2408 064-SPF-Hr'E3-Cl_5 r IPE3 Meeting Marcr~ 6, 2008 Page 6 of 20 23. Provide signed and sealed calculations indicating current and proposed estimated flows into existing or proposed lift station and force main. Obtain approval from Deputy Director of Public Utilities that City's system has sufficient capacity to treat proposed flows. WAIVER ANALYSIS The applicant has submitted three (3) waiver requests to the requirements of the Land Development Regulations. 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 signifcantly 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. Maneuvering Area, Aisle Width, Space Width Pursuant to LDR Section 4.6.9[D}(4}[d}, two-way traffic flaw must be used when perpendicular parking spaces are used. A waiver to allow aone-way traffic flow system is requested. The applicant has provided the following statement in support of said request: "!n order to keep traffic circulation within the small building footprint better organized, and in order to achieve better accessibility to the parking spaces, we request that a one way traffic flow be allowed at this parking lot. Due to the fact that the building users are going to be familiar with the access to these private parking spaces, we feel that this waiver is justified'. As four of the required spaces are off-site, there will be a lower volume of traffic than normal for an office of this size. Also the parking spaces are private and will only be used by office staff familiar with the layout. The layout of the parking otherwise satisfies the requirements of the LDRs, therefore positive findings can be made, pursuant to LDR Section 2.4.7(6){5}{a)-{d). Visibility at Intersections Pursuant to LDR Section 4.6.74[A)(1), a twenty foot (20') sight triangle is required on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way. The proposed sight triangles at the car park entrance and exit are five feet six inches (5' 6"). For this reason, the applicant is requesting relief from the subject LDR and has provided the following statement in support of said request: "Due to the fact that a low volume of traffic occurs in the area, we fee! that the reduction is within reason. A similar waiver has been approved on the neighboring property to the north". The reduction in the sight triangles is within reason due to the low volume of traffic expected in the garage, which will be used by office staff only, and as the exit opens on to an alley with a five foot (5') sidewalk with no on-street parking. Therefore positive frndings can be made, pursuant to LDR Section 2.4.7(8){5}{a)-(d). Pursuant to LDR Section 4.6.14{A}{2}, a forty foot (4t)') sight triangle is required at a comer formed by the intersection of two (2) or more public rights-of-way. The proposed sight triangle at the northeast corner of the property at the junction of SE 1sr Avenue and the alley is fifteen feet four 36 5F 15~ Avenue, 36 1=first; 2(}08--064-SPF-HF'~-CL5 HF'f3 Meeting March 6, 2008 Page 7 of 20 inches (15' 4"). For this reason, the applicant is requesting relief from the subject LDR and has provided tl~e following statement in support of said request: "Due to the fact that a low volume of traffic occurs in the area, we fee! that the reduction is within reason. A similar waiver has been approved on the neighborrng property to the north". The reduction in the sight triangles is within reason due to the low volume of traffic expected, which will not create an unsafe situation or adversely affect the neighboring area. The intersection is controlled with a stop sign. Therefore positive findings can be made pursuant to LDR Section 2.4.7(8)(5}{a)-(d}. VARIANCE ANALYSIS The applicant has submitted four (4) variance requests to the requirements of the Land Development Regulations. Pursuant to LDR Section 2.2.6[D)(6), the Historic Preservation Board (HPB) shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed in the Local Register of Historic Places. Prior to granting a variance, HPB must make the following findings pursuant to LDR Section (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance}; (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c) That the special conditions and circumstances have not resulted from actions of the applicant; (d) That granting the variance will not confer into the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (e) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, (f} That the granting of the variance will be in harmony with general purpose and intent of existing regulations will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Pursuant to LDR Section 4.5.1(J)(2), as an alternative to subsection (J)(1), a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: {2) That a variance is necessary to maintain the historic character of property through demonstrating that: 36 5L 1'' Avej7ue, 36 F=irst: 200f3-OF,4-SPF-HP8-CL5 HPB Meetir~g i111arcl~ 6, 2008 Page 8 of 20 (a) A variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. (c} That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. Lot Coveras~e Pursuant to LDR Section 4.3.4[K], the maximum lot coverage for OSSHAD is 4p%. A lot coverage of 68.3% is proposed. For this reason, the applicant is requesting relief from the subject LDR and has provided the following statement in support of said request: "There is no set lot coverage for CBD. All existing and proposed CBD-zoned neighboring properties along SE 1St Street (Avenue), including the City Public Parking structure and Worthing Place have close to 80% lot coverage. The proposed lot coverage is compatible with surrounding properties. This proposed project, however, still complies with the 25% minimum non-vehicular open space requirement". The variance request is based on the location of the lot, which is adjacent to lots zoned CBD, and also redevelopment that has occurred in the immediate vicinity; therefore special conditions and circumstances exist which are peculiar to the land. Granting the variance would not be contrary to the public interest, safety, or welfare. The variance would not significantly diminish the historic character of the Historic District as the proposed development still complies with the 25% minimum non-vehicular open space requirement. The proposal provides 31% non-vehicular open space, which is more than other recently approved developments in the historic district and more in keeping with the open space provided historically. The variance requested is the minimum necessary to effect the adaptive reuse of the site. Therefore positive findings can be made, pursuant to LDR Sections 2.4.7(A)(5}{a-f) and 4.5.1(J)(2}{a)-(c). Front Setback Pursuant to LDR Section 4.3.4[K], the minimum required front setback for OSSHAD is 25'. A front setback of 5' is proposed (taking into account the 5' right-of way dedication). For this reason, the applicant is requesting relief from the subject LDR and has provided the following statement in support of said request: "Decrease the 25' required fmnt setback for OSSHAD to 5' min. and 10' maximum sef back, as per CBD regulations. The proposed setback will be compatible with mosf existing and proposed buildings on the CBD zoned parcels along SE lsr Avenue, including the City Public Parking Garage, Worthing Place, and fhe recently approved Block 69 Office Building". The variance request is based on the location of the lot, which is adjacent to lots zoned CBD, and also redevelopment that has occurred in the immediate vicinity; therefore special conditions and circumstances exist which are peculiar to the land. Granting the variance would not be contrary to the public interest, safety, or welfare. The variance would not significantly diminish the historic character of this section of the Historic District as recent development approvals in the adjoining CBD overlay in the historic district have similar front setbacks. Granting this request would align the proposed office building with the other recently approved structures. The variance requested is the minimum necessary to effect the adaptive reuse of the site. Therefore ositive findin s can be made, pursuant to LDR Sections 2.4.7(A)(5){a-f) and 4.5.1(J)(2){a}-(c). 36 SE: 1ti~ Aven~ie, 3~i First; 2(]Dt3-U64-SP~~FIPB-CL5 I-iPE3 Meeting March 6, 20U8 Page 9 cif 24 Side Street Setback Pursuant to LDR Section 4.3.4(K}, the minimum required side street setback to the north adjacent to the alley is 15'. The proposed setback is 2' 2". For this reason, the applicant is requesting relief from the subject LDR and has provided the following statement in support of said request: "The smaller setback is compatible with CBD side setback requirements. !n addition, a 24' wide alley right of way will buffer the propased building with the previously approved building to the north. Al! existing and propased CBD-zoned structures along SE 1St Straeet (Avenue) have a 0' interior side set back requirement". The variance request is based on the location of the lot, which is adjacent to lots zoned CBD, and also redevelopment that has occurred in the immediate vicinity; therefore special conditions and circumstances exist which are peculiar to the land. Granting the variance would not be contrary to the public interest, safety, or welfare. The variance would not significantly diminish the historic character of this section of the Historic District as previously approved developments have smaller setbacks, and the 20' wide alley will provide space between the proposed structure and the site to the north. The variance requested is the minimum necessary to effect the adaptive reuse of the site. Therefore positive findings can be made, pursuant to LDR Sections2.4.7(A)(5)(a-f) and Side Interior Setback Pursuant to LDR Section 4.3.4(K), the minimum required side interior setback to the south is 7.5'. The proposed setback is 4' 10". For this reason, the applicant is requesting relief from the subject LDR and has provided the following statement in support of said request: "The smaller setback is compatible with CBD side setback requirements, while allowing space for light and ventilation of the structure. All existing and proposed CBD-zoned structures along SE 1S` Street (Avenue) have a t?' interior side setback requirement". The variance request is based on the location of the lot, which is adjacent to lots zoned CBD, and also redevelopment that has occurred in the immediate vicinity; therefore special conditions and circumstances exist which are peculiar to the land. Granting the variance would not be contrary to the public interest, safety, or welfare. The variance would not significantly further diminish the historic character of this section of the Historic District as previously approved developments have smaller setbacks. The variance requested is the minimum necessary to effect the adaptive reuse of the site. Therefore positive findings can be made, pursuant to LDR Sections 2.4.7(A){5)(a-f) and 4.5.1(J)(2)(a)-(c). LANDSCIiIPE ANALYSIS The following landscape technical items and notes remain outstanding and need to be addressed: (1) Please consider eliminating the sad on the west side of the building. (2) Additional ground covers and a mulched path will facilitate future maintenance. 36 SF 1 s' Avenue, 36 First; 2408-Ofi4-SPF-HP8-CL5 HPB Meeting March 6, 2008 Page 10 of 20 LDR SECTION 4.5.1 -HISTORIC PRESERVATION SITES AND DISTRICTS ANALYSIS LDR Section 2.4.6(H1-Certificate of Appropriateness: Pursuant to LDR Section 2.4.6[H)[5), the Board must make a finding that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the f=uture Land Use Element of the Comprehensive Plan and specifically with the provisions of LDR Section 4.5.1. Future Land Use Element Objective A-4: The redevelopment of land and buildings shall provide for the preservafion of historic resources. The objective shall be met fhrough continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land. Use_Element Policy A-4.7: Prior to approval or recommending approval of any land use or development applicafion for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested acfion is consistent with the provisions of Section 4.5.9 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Historic Preservation Design Guidelines". Relocation Pursuant to LDR Section 4.5.1{E){5), relocation of historic buildings and structures to other sites shall not take place unless it is shown that their preservation on their existing or original sites is not consistent with the purposes of this Section or would cause undue economic hardship to the property owner. The existing structure on the site is a contributing structure to the Old School Square Historic District; however, its historic setting has been drastically and irreversibly compromised by recent approvals for the construction of a new four-story parking garage, the Block 69 Office Building and the Worthing Place residential project. Further, the contributing structure on the property to the north was demolished and replaced with a parking lot due to the irreparable structural damage caused by water ingress and neglect. While relocating a historic structure is preferable to demolition, relocation typically has a negative impact on historic districts. In this particular case, however, the historic character of the black has been lost. Although no documentation or financial disclosures have been submitted, the applicant has stated the following with regard to economic hardship: "There is now undue economic hardship to the property owner because as a residence it has decreased in value and is less desirable to live in due to the additions of those buildings mentioned in A above". (The additions referred to are the parking garage, Block 69, and Worthing Place). Relocating the house will preserve it for the future and the applicant appears to have found a new site for it at 310 NE 1St Avenge in the Old School Square Historic District. Mr. Jahn Hock has submitted a letter stating he would like to relocate the structure and utilize it as a guest house at his property at 310 NE 1St Avenue. If approval is given for the relocation of the house, the following conditions of approval must be met: (1} A COA application for relocating the house must be submitted by the prospective owner and the application must be approved by the HPB. 86 S1= 1~'' AvPrn~e, 36 1=i~~st; Z00&0645PF-HPEi-CL5 k-IF'i3 Meeting Marr;h 6, 2008 Pape 11 of 20 (2) Pursuant to LDR Section 4.3.3(Q)(2), a guest cottage shall not occupy more than 1120'" of the lot area and in no case shall exceed a floor area of 700 square feet. The structure has a total floor area of 767 square feet with an unenclosed carport of 158 square feet. A waiver request for relief from this section of the LDRs will be required. (3) The house must be moved to an appropriate location such as a historic district. If the house is moved to a location outside a historic district, an application should be submitted for individual listing for its future protection. (4} Relocation does not take place until the permit for the redevelopment plans has been issued. LDR Sections 4.5.1 [E)(4, 7 and 8J, "Development Standards" provides regulations in evaluating Certificates of Appropriateness. (4) A historic site, or building, structure, site, improvement, or appurfenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from fime to time. The applicable Standards are as follows: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Standard 70) The overall design of the proposed structure is compatible with the Old School Square Historic District but is clearly differentiated from the historic building stock through the use of modern materials such as the standing seam metal roof, aluminum windows, and decorative aluminum shutters. The proposed structure is compatible in terms of massing, size, and scale as it is a two- story structure approximately 29.5' high and has a frontage of 5D'. The north and south facades are longer, measuring 121' 8" and 125' 4" respectively; however, their massing has been reduced. The north elevation massing is reduced by the projecting bays, the openings with metal grills and the parking lot entrance and exit. The south elevation massing is reduced by the projecting bays, the openings with metal grills and the second floor exterior walkway. (T) The construction of new buildings or sfrr~ctur~es, or the relocation, alteration, reconstruction, or major repair or mainfenance of anon-contributing building or structure within a designated historic district shall meet the same compatibility sfandards as any material change in the exterior appearance of an existing non-contributing building. Any material change in the exterior appearance of any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. As noted above, the proposed structure is generally compatible with the historic buildings in the Ofd School Square Historic District. The proposal is generally compatible in terms of form, proportion, mass, material, #exture, color, and location with the existing historic structures. (8) All improvements to buildings, structures, and appurtenances shall be visually compatible. Visual compatibility shall be defem~ined in terms of height front fagade proportion, proportion of openings {windows and doors), rhythm of solids to voids on front facades, rhythm of buildings 36 iF. 1 '' Avenue, 36 first; 2()[3F3-064-SPF-FkPB-CL5 HPB Meetincl Marrh 6, 2QQ8 Page 1 Z of 24 on streets, rhythm of entrance and/or parch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, direcfiona! expression of front elevation. The proposed structure is generally compatible with the historic building stock in terms of height, front fagade proportion, proportion of openings (windows and doors), rhythm of solids to voids an front facades, rhythm of buildings on streets, rhythm of entrance andlor porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of front elevation. The scale of the proposed structure is larger than the historic building stack; however, this is most notable on the north and south facades and not the east (front} facade. As stated above, the massing of the north and south facades has been successfully reduced. It should also be noted that the proposed structure is much smaller in scale than other recently approved structures on the block. Therefore, ositive findin scan be made with respect to the visual compatibility. The Delra Beach Historic Preservation Desi n Guidelines suggests the following: In a historic district, consider the surrounding buildings and the compatibility of the addition in terms of size, scale, materrals, mass and roof form. Al! new construction should complement the historic architecture of the disfricf. Materials should be compatible in quality, color, texture, finish, and dimension to those commonly found in the historic district.. As stated above, the proposed structure is generally compatible with the surrounding buildings. Analysis As illustrated throughout the analysis of the above noted review criteria, the subject development proposal is generally compatible with the historic building stock in the Old School Square Historic District. The lot coverage and scale are greater than those found in the historic building stock; however, the applicant has requested a variance for the greater lot coverage and the scale is not obvious from the front elevation and is smaller than other recently approved structures on the block. Based on the analysis above and provided throughout this section, positive findings can be made with the respect to those noted LDRs in Section 4.5.1. REQPI~1-IR~D FINDINGS Pursuant to 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, 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 four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Fu#ure Land Use Map designation of Other Mixed Use (OMU) and a zoning designation of Old School Square Historic Arts District {OSSHAD}. The OSSHAD zoning district is consistent with the OMU Future Land Use Map designation. Pursuant to LDR Section 4.4.24(B}{3}, business, pro#essional, medical, and governmental offices are permitted. Based upon the above, it is appropriate to make a positive finding with respect to LDR Section 3.1.1 {A), Future Land Use Map Consistency. 36 SE 151 Ave~~ue, 36 First; 200F-004-SPF-HPB-CL.S HPE3 Meeting March fi, 200~i Page 13 of 20 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent wi#h issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. 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 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. The development proposal is to relocate the existing residential unit and replace it with an office building. The aforementioned use will not have a negative impact with respect to concurrency as they relate to traffic, parks and recreation, solid waste, drainage or schools. Appendix A contains information with respect to the applicable concurrency items. Section 3.1.1 fBl - Concurrencv As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 [Cl - Consistency (Standards for Site Plan Actionsl: As described in Appendix B, a positive finding of consistency can be made as it relates to Standards far Site Plan Actions. Section 3.1.1 (D1- Comaliance With the Land Development Res~ulations: As described under the Site Plan Analysis of this report, a positive frndin4 of compliance with the LDRs can be made. COMPREHENSIVE PLAN POLICIES: Future Land Use Element Objective A-~: Prope-fy 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. As illustrated in the chart below, the abutting properties are all consistent with the subject property with regard to zoning designation and are generally compatible with regard to use. Therefore, positive findings can be made with regard to Future Land Use Element Objective A-1. Zoning Designation Use North: (Central B smDess District) Parking Lat South: OSSHAD Single Family Residential (Old School Square Historic Arts District) East: (Central B sB ess District) Commercial West: OSSHAD Single 1=amity Residential (Old School Square Historic Arts District) Future Land Use Element Polic C-1.2 The City shall worir with the Community Redevelopment Agency (CRA) for the improvement of neighborhoods within the CRA boundaries. :i6 aE ~!s' Avenue, 36 F=ir~st; 2f}g8-[364-SPt=-HF~B-CL5 I IF'r3 Meeting March 6, 2(]f)8 Page 14 of 20 The sub}ect property is located within the CRA boundaries. As noted above, the City shall work with the CRA to improve the areas within the CRA boundaries. ASSESSMENT AND CCJNCLUSION The development proposal involves the relocation of a contributing structure and new construction of an office building. Removing a historic structure from a district does have an adverse effect on the district as a whole; however, the setting of this structure has been adversely affected through recent demolitions and recent development approvals. Relocation of the structure to an appropriate setting will ensure its future continued use and protection. As noted above, the proposed new office building is generally compatible with the historic building stock in the Old School Square Historic District. Positive findings can be made with respect to the proposal's consistency with the Comprehensive Plan and compliance with the criteria set forth in the LDRs, the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines. REVIEW E3Y OTW°ERS At its meeting of January 24, 2008, the CRA {Community Redevelopment Agency} reviewed the proposal. It was the consensus of the Board to support this proposal. A L.'T~E R N A~'~'=i V E A C ~fi't'C)~ N S A. Continue with direction. B. Move approval of the Certifrcate of Appropriateness, Class V site plan, landscape plan, design elements, waiver requests and variance requests for 36 SE 1~t Avenue, 3fi First, Old School Square Historic District, 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 the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to_ the following conditions: 1. That sketches are provided of the proposed fencing and the decorative metal security gate on the east elevation. 2. That dimensions of the proposed signs are provided. 3. That elevations of the solid waste enclosure indicating height, gating and materials are provided. 4. That the height to the mean roof level is dimensioned and labeled on the drawings. 5. That the five #oot (5') right-of-way dedication for SE 1st Avenue is accepted by the City Commission prior to site plan certification. 6. That the two foot {2') right-of--way dedication for the alley is accepted by the City Commission prior to site plan certification. 7. That the Site Plan and Engineering Technical Comments noted in the Staff Report be addressed. 8. That the Landscape Technica! Comments noted in the Staff Report be addressed. 9. That a COA application for relocating the house is submitted by the prospective owner and the application is approved by the HPB. 10. That a waiver request for relief from Section 4.3.3{Q)(2} of the LDRs regarding the maximum permitted size of a guest cottage {700 square feet} is submitted by the prospective owner of the house. 36 SE 15t Avenue, 36 First; 200&064-SPF-HPE3-CI.5 HPF3 Meeting March 6, 2008 Page 15 of 7.0 11. That the house is relocated to an appropriate location such as a historic district or, if the house is moved to a location outside a historic district, an application is submitted by the prospective owner for individual listing. 12. That relocation does not take place until the permit for the redevelopment plans has been issued. 13. That a detailed statement is submitted with revised plans explaining how each of the aforementioned items has been addressed. C. Move denial of the Certificate of Appropriateness, Class V site plan, landscape plan, design elements, waiver requests, and variance requests far 3fi SE 1st Avenue, 3fi First, Old School Square Historic District, 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 the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. .STAFF R1-COMMENDATION By separate motions: Site Plan Approve the Certificate of Appropriateness, Class V site plan, and landscape plan, for 3fi SE 1st Avenue, 3fi First, Old School Square Historic District, 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 the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following conditions: 1. That dimensions of the proposed signs are provided. 2. That elevations of the solid waste enclosure indicating height, gating and materials are provided. 3. That the height to the mean roof level is dimensioned and labeled on the drawings. 4. That the five foot (5') right-of-way dedication for SE 1s~ Avenue is accepted by the City Commission prior to site plan certification. 5. That the two foot (2') right-of--way dedication for the alley is accepted by the City Commission prior to site plan certification. 6. That the Site Plan and Engineering Technical Comments noted in the Staff Report be addressed. 7. That the Landscape Technical Comments noted in the Staff Report be addressed. 8. That a COA application for relocating the house is submitted by the prospective owner and the application is approved by the HPB. 9. That a waiver request for relief from Section 4.3.3{Q}{2) of the LDRs regarding the maximum permitted size of a guest cottage (700 square feet) is submitted by the prospective owner of the house. 10. That the house is relocated to an appropriate location such as a historic district or, if the house is moved to a location outside a historic district, an application is submitted by the prospective owner far individual listing. 11. That relocation does not take place until the permit for the redevelopment plans has been issued. 12. That a detailed statement is submitted with revised plans explaining how each of the aforementioned items has been addressed. 36 SE' 1 `' A~en~ie, 36 First; 2()Oa-O6~-SPr^-HPB-CL5 HPEi Meetii7g March 6, 2048 Page 18 of 24 Design Elements Approve the proposed design elements associated with the Certificate of Appropriateness and Class V Site Plan for 3fi SE 1St Avenue, 3fi Pirst, Old School Square Historic District, 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 the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following condition: 1. That sketches are provided of the proposed fencing and the decorative metal security gate on the east elevation. Waiver Request Recommend approval to the City Commission for the waiver request 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, based on the ability to make positive findings, pursuant to LDR Section 2.4.7(6}{5}(a)-(d). Waiver Request Recommend approval to the City Commission for the waiver request to LDR Section to LDR Section 4.6.94{A)(1), to allow sight triangles measured at 5' 6" where twenty foot {20') sight triangles are required on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of--way, based on the ability to make positive findings, pursuant to LDR Section 2.4.7(6}{5)(a)-(d). Waiver Request Recommend approval to the City Commission for the waiver request to LDR Section 4.6.14(A)(2), to allow sight triangles measured at 15' 4" where forty foot (40') sight triangles are required at a comer formed by the intersection of two (2) or more public rights-of-way, based on the ability to make positive findings, pursuant to LDR Section 2.4.7{B)(5)(a}-(d). Variance Request Approve 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%, based on the ability to make positive findings, pursuant to LDR Sections2.4.7(A)(5)(a-f} and 4.5.1{J){2)(a)-(c). Variance Request Approve 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', based on the ability to make positive findings pursuant to LDR Sections 2.4.7{A)(5)(a-f) and 4.5.1 (J){2)(a)-(c). Variance Request Approve the variance request to LDR Section 4.3.4(x), to allow for a reduced side street setback of 2' 2" where the minimum required side street setback is 15', based on the ability to make positive findings, pursuant to LDR Sections 2.4.7{A){5)(a-f) and 4.5.1 {J)(2){a}-{c). Variance Request Approve 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', based on the ability to make positive findings, pursuant to LDR Sections 2.4.7(A)(5}(a-f} and 4.5.1(J)(2){a)-(c}. 36 5E 151 Avenue, 3Fi First; 2{)p&d64-SPF-HPF3-Cl_5 F~IPE~ Meeting March 6, 2(]0$ Page 17 of 2(] Report prepared by: Warner Adams Attachments: • Survey • Site Plan • Landscape Plan Elevations • Existing Photos • Photos of Surrounding Properties • Streetscape • Rendering • Letter from Mr John Hock 36 S~ ~ 5c Avenue, 36 First; 20Q8-QG4-SPF-HPB-CL5 HF'!3 Meeting March 6, 2008 Page 18 of 20 ~,A,P-~PENDIX A CONCURRENCY IFINDINGS 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 #ar the following areas: Water and Sewer: • Water service exists via an 8" water main along SE 1st Avenue. • Sewer service exists via an 8" sewer main along SE 1st Avenue, an 8" sewer main along the alley to the north of the property, and an 8n sewer main to the rear of the property. • Adequate fire suppression is provided via the fire hydrant to the south of the property, along SE 1St Avenue. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant far the City at build- out. Based upon the above, positive findings can be made with respect to this level of service standards. Drainaae• A preliminary drainage plan has been submitted. There should be no impact on drainage as it relates to #his level of service standard. Streets and Traffic: The subject property is located within the TCEA, which, pursuant to the City's Comprehensive Plan, exempts development proposals from submitting a traffic study. However, a traffic statement was submitted which indicates that the proposed development will result in an increase of seventeen (17} am peak trips and twenty (20) pm peak trips. Parks_and Open Space: 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, a fee of $500.00 per residential unit per dwelling unit regardless of the size or occupancy of the unit must be collected prior to issuance of building permits for each unit. No residential units are proposed. Solid Waste: The proposal calls far the construction of office space. Trash generated each year by the development will be 14.24 tons of solid waste per year (Office - 5,274 square feet x 5.4 pounds = 28,480). However, the Solid Waste Authority has indicated that its facilities have sufficient capacity to handle aA development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. Schools: A School Concurrency Application is not required. 36 SE 1 '~ Auerxre, 36 First; 20Q8-064-SPF-HPB-CL5 HPE3 Meeiiny March 6, 2DU8 Page 19 of 2(? APPENbIX B STANDARDS FOR SITE PLAN 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 X Does not meet intent 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 Meets intent of standard X - A bicycle rack has been provided. 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 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 X Meets intent of standard Does not meet intent F. Property shall be developed ar 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 36 S~ Esc Avenue, 36 First; 2008-064-iPF-HPB-CL5 HPE3 Meeiiny March 6, 2008 !'aye 2p pt 20 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. No# applicable X Meets intent of standard 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 modifwed for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent rr ~~ EXHIBIT HISTORIC PRESERVATION BOARD CHECKLIST I. CERTIFICATES OF APPROPRIATENESS: (Pursuant to Sections 2.4.6{H) and 4.5.1) A. New ConstructionlAdditions: Yes No 1. Height: Is the height compatible in comparison to the height of existing structures and buildings? 2. Facade: Is the front facade of each structure visually compatible with the width and height of the front elevation of adjacent buildings? 3. Ooeninss: Are the openings {windows and doors) visually compatible with prevailing historic architectural styles? 4. Rhythm of Buildings on Streets: Are the relationships of buildings to open space visually compatible? 5. Entrances: Are the entrances and porch projections compatible with the prevalent architectural styles of entrances? 6. Materials/Color: Are the materials, texture, and colors of the proposed building compatible with the materials, texture and colors of adjacent structures? 7. Size/Mass: Is the size and mass of the subject structure compatible with the size and mass of adjacent structures in the district? 8. Direction: Is the direction of the front elevation compatible with adjacent structures? 1 Yes No 9. Lot Coverage: Is the lot coverage or "foot print" of the structure compatible with adjacent lots and structures? B. Roof: 1. Is the roof shape and materials compatible with the shape and materials of adjacent structures? 2. Is the roof shape and materials compatible with the architectural style of the subject structure? C. WallslFences: 1. Are the wall/fencing materials compatible with the subject structure and adjacent structures? D. Hurricane Shutters: 1. Are the shutters removable? 2. If the shutters are not removable, are they located so that they are not visible from the public right-of--way? 3. If the shutters are not removable and are visible from the right-of--way, are the tracks compatible with the exterior surface and color of the structure? E. Demolitions: 1. Has the applicant provided a certified report from an engineer or architect explaining that the structure is structurally unsound or damaged beyond repair? 2. Has the applicant provided a certified report from an engineer, architect or general 2 contractor explaining the projected costs of repairing the structure? a. Do the costs to repair the structure result in an undue economic hardship to the owner?' 3. Has the applicant provided an appraisal of the property in its current condition, along with its estimated value as vacant land and its potential value as a preserved and restored historic property? a. Do the estimated appraisals of the property show that an undue economic hardship is likely to result if the owner's demolition request is denied?' 4. Has the applicant provided documentation to illustrate that reasonable efforts have been made to find a suitable alternate location for the structure? II. VARIANCES: {Pursuant to Section 4.5.1 {J)) Yes No A. A variance is necessary to maintain the historic character of property if the following questions can be answered in the affirmative: Yes No 1. 1s the variance contrary to the public interest, safety, or welfare? ' Additional information must be submitted to make final determination of undue economic hardship pursuant to Section 4.5. I (H) of the LDRs. 3 Yes No 2. Do special conditions and circumstances exist because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district? 3. Does the literal interpretation of the provisions of existing ordinances alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site? 4. Is the variance requested the minimum necessary to preserve the historic character of a historic site or of a historic district? B. As an alternative to subsection A, a variance may be necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District ar upon a Historic Site if the following questions can be answered in the affirmative: Yes Na L Is the variance contrary to the public interest, safety, or welfare? 2. Will the variance significantly diminish the historic character of the Historic District or Site? 3. Is the variance requested the minimum necessary to affect the adaptive reuse of an existing structure or site? 4 C. If neither A nor B apply, the Board shall otherwise follow all procedures and impose conditions as required of the Board of Adjustment: 1. Do special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning? 2. Daes the literal interpretation of the LDRs deprive the applicant of rights commonly enjoyed by other properties subject to same zoning? 3. Do special conditions and circumstances exist that were not the result of the applicant's own actions? 4. Will the granting of a variance confer a special privilege an the applicant that is denied to other lands, structures or buildings under the same zoning? 5. Do the reasons set forth in the variance petition justify granting the variance? 6. Is granting of the variance in harmony with. the purpose and intent of existing regulations, meaning it will not be injurious to the neighborhood? Yes No III. MATRIX OF ITEMS REQUIRING BOARD VS. 5TAFF APPROVAL: (see attached) 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Candi N. Jefferson, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 26, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 CONDITIONAL USE REQUEST/CHEZ MIKA RESTAURANT ITEM BEFORE COMMISSION The item before the City Commission is a conditional use request to establish a late night business for Chez Mika restaurant located at 1005 South Congress Avenue. BACKGROUND The subject property is a 3.02 acre parcel of land and contains a 32,000 sq. ft. shopping center with a service station outparcel. The site was originally constructed in 1964 and is occupied with retail, office and restaurant uses. Now before the Commission is a conditional use request by Chez Mika to allow a " 24-hour or late night business" within 4,448 sq. ft. of the Sherwood Plaza building located at the southeast corner of SW 10th Street and South Congress Avenue which would extend the current operating hours from 12:OOam midnight to 2:OOam exclusively for restaurant use. The applicant has agreed to have a security guard on staff as well as a patrolling police car for the parking lot during the late night operating hours from 11 p.m. to 3 a.m. (until one hour after closing). Security will also be available to walk patrons to their car when needed. In addition to the eight security cameras currently installed on site, two additional exterior security cameras are proposed to monitor the parking lot areas in front of and across from the Chez Mika restaurant. The applicant also understands that significant improvements to the existing lighting and landscaping islands are needed and has agreed to install the required upgrades as a part of this request. REVIEW BY OTHERS The Planning and Zoning Board considered the request at their meeting of March 17, 2008. After extensive discussion, the Board recommended denial of the proposed conditional use to allow Chez Mika to extend their operating hours until 2:OOam by a vote of 3-2. The City of Delray Police Department also expressed their reservations with the request over concerns with potential increase in crime and alcohol consumption after hours. Further, it is noted that the police have had a significant number of incidents requiring law enforcement action in the Sherwood Plaza, the Valero gas station and at the Chez Mika restaurant site. RECOMMENDATION Commission discretion. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE AND WAIVER REQUEST FOR CHEZ MIKA RESTAURANT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use and waiver requests has come before the City Commission on April 1, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Chez Mika Restaurant. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Yes No Subject to the conditions listed in Exhibit "A". b. Concurrence: 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 and/or 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: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No Subject to the conditions listed in Exhibit "A". II. LDR REQUIREMENTS: LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No Subject to the conditions listed in Exhibit "A". 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. 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. 5. 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. 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to the Conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this Order this 1St day of April, 2008, by a vote of in favor of denial and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 EXHIBIT A TO THE CONDITIONAL USE REQUEST FOR CHEZ MIKA CONDITIONS 1. Applicant must have a security guard on staff as well as a patrolling police car for the parking lot during the hours of 11 p.m. to 3 a.m. 2. Security personnel will also be available to walk patrons to their cars when needed. 3. Two additional security cameras must be installed to monitor the parking lot areas in front of and across from the Chez Mika restaurant. 1 of 2 PLANNING AND ZONING BOARD C[TY OF DELRAY BEACH MEETING DATE: March 17, 2008 AGENDA ITEM: I~. B. ---STAFF REPQRT~-- I ITEM: Conditional use request to establish a 24 hour or late night business in the Mixed Residential Office and Commercial {MROC} zoning district far the Chez Mika Restaurant located within the Sherwood Plaza at 1005 South Congress Avenue GENERAL DATA: Applicant ................................. Michaeile Costa-Lantin Owner .................................. Investments Limited Location ..............:.:.:................... Southeast corner of SW 10th St. and S. Congress Ave. Property Size .............................. 3.02 acres Existing FLUM ........................... Proposed PLUM ..:...................... Current Zoning ............................ Proposed Zoning ........................ Adjacent Zoning ................North: CMU {Congress Avenue Mixed Use} No Change MROC {Mixed Residential Office and Cori~mercial} No Change MROC (Mixed Residential Office and Commercial East: CD (Conservation District} South: MROC (Mixed Residential Office and Commercial) West: RM (Multiple Family Residential -Medium Density) Existing Land Use ...................... Shopping Center Proposed Land Use .................... No Change Water Service ......................... Existing on site Sewer Service ........................ Existing on site aWS~ w Q S O U L E V A R O a g D ITEM BEFORI= THE BOARD' The action befiore the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a 24-hour or late night business (Chet Mika), pursuant to Section 2.4.5{E) and is accompanied by: O Site Plan; D Landscape Plan; and O Waiver Request The subject property is located in Sherwood Plaza on the southeast corner of SW 10t" St. and South Congress Avenue. BAGKG`ROUND The subject property is a 3.02 acre parcel of land and contains a 32,000 sq. ft. shopping center with a service station outparcei. The shopping center was originally constructed in 1964 and is occupied with retail, office and restaurant uses. On February 13, 1989, the City placed a Future Land Use Map (PLUM) designation of I (Industrial) on the property. The city-wide rezoning in 1990, changed the site's zoning district to Planned Commercial {PC) from Special Activities District (SAD}. In December of 1997, the subject property's land use designation was changed to GC {General Commercial). On February 6, 2007, Comprehensive Plan Amendment 2007-01 assigned the new PLUM designation of Congress Avenue Mixed Use (CMU) to the site and surrounding property within the Congress .Avenue Corridor. The zoning was brought into compliance with the new PLUM designation on February 20, 2007, when the subject parcel was rezoned to its current designation of Mixed Residential, Office and Commercial {MROC), via Ordinance No. 05- 07. Now before the Board is a conditional use request by the Chez Mika restaurant to allow a "24-hour or lafe night business': The restaurant currently has operating hours of 11:00 a.m. to 12 midnight and this request would extend the operating hours to 2:00 a.m. PRQJI=C'T DIESCRIPT((]N The development proposal consists of the following: • Extending the operating hours to 2:00 a.m.; • Installation of internal and external security measures including two additional security cameras monitoring the parking area in front of Chez Mika and patrolling police or security officer in the parking lot after 11:00 p.m.; • Landscaping and curbing improvements to bring the entire site consistent with the approved site plan and landscape plan; • On-site lighting improvements; and, • Waiver request to LDR Section 4.6.8 {Lighting) to allow higher intensity lighting. Pursuant to the Land Development Regulations, a 24-hour or late night business is defined as any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail store, grocery store, laundromat or similar use which is or will, at any time during a calendar year, be open for business at any time between the hours of 12 midnight and 5 a.m. In addition, LDR Section 4.3.3(W){2)(a)(Conditional Use} states that any 24-Hour or late night business Planning & Zoning Board - 2125108 Staff Report Conditional Use Request fora 2~-Hour or Late Night Business (Chez Mika) Page 2 located or proposed to be located within a three hundred foot (300') straight line route from any residentially-zoned property shat! obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24-Hour or late night business is or will be located to the nearest point of a residentially-zoned property. The nearest residential structures are within Abbey Delray, a retirement community, and are located approximately 138' to the west of the closest property line far Sherwood Plaza. Therefore this request is being sought. The applicant has provided the following information about the Chez Mika restaurant site: Chez Mika is the first and only fine dining restaurant specializing in Haitian Cuisine in Palm Beach County. The owner recently relocated from Paris, France, where she owned and operated a similar fine dining establishment. Chez Mika offers a safe, smoke free environment where patrons of a mature clientele can dine in and enjoy cultural music from Haiti, the Caribbean, Spanish Countries, jazz and more. Due to the clientele being predominantly of Haitian origin, it is customary to have these types of events in the later evening to early morning hours and the extension of the operating hours is deemed vital to the longevity of the business. Chez Mika has been operational since September 2007 and projects that the percentage breakdown of its gross annual revenue generated from the sale of food during the weekdays is anticipated at 95% and 5% would be from alcoholic beverage sales. During the weekend, anticipated food sales are estimated at 80% and 20% would be for alcoholic beverages. The site currently has valid occupational, business, restaurant and liquor licenses allowing a food to alcoholic beverage ratio of 60%140% respectively. The owner recognizes that no alcoholic beverages shall be sold or consumed on the premises after 2:00 a.m. Staff, however, does recommend that the prohibition of consumption of alcoholic beverages on the premises after 2:00 a.m. be reemphasized as a condition of approval. The existing hours of operation are from 11:00 a.m. to 12:00 midnight seven days a week. The applicant is requesting extended open hours until 2:00 a.m. She notes that a strict dress code of business attire will be enforced for those dining after 10:00 p.m. The Chez Mika restaurant occupies approximately 4,448 sq. ft. in the southeast corner of the 32,000 sq. ft. Sherwood Plaza building, located at the southeast corner of SW 10t~' Street and South Congress Avenue. The seating capacity is one hundred and fifty (150}. The number of employees is approximately twenty-five {25). Interior to the Chez Mika restaurant, there is a security monitoring system which consists of five {5} security cameras strategically located throughout the facility. Exterior to the establishment, there are three (3) existing security cameras. Staff also requested that additional security measures be in effect to monitor outside activities during the late night to early morning operational hours. Accordingly, the owner has agreed to install two (2) additional exterior security cameras to monitor activity in the parking lot area directly in front of and across from Chez Mika. All eight (8) existing security cameras, as well as the two (2) additional proposed cameras will be operational twenty-four hours a day, seven days a week. In addition to the on-site security cameras, the owner proposes to have her own security staff on duty or hire a security company andlor police protection during events anticipating larger groups of patrons. Likewise, security guards/bouncers will be stationed as needed near front andlor back doors and within the restaurant. A security officer will also patrol the parking lot. Securi#y wilt also be available to walk patrons and employees to their cars. As a condition of approval, staff is recommending that additional outside security personnel be on site whenever the site is open after 11:00 p.m. and that this security Planning & Zoning Board - 2125108 Staff Report Conditional Use Request fora 24-Hour or Late Night Business (Chet Mika) Page 3 11:00 p.m. and that this security personnel be on shift until 3:00 a.m. (1 hour after closing}. The owner has posted "Na Loitering" signage outside of the front entrance to assure that all activity occurs interior to the Chez Mika res#aurant and not outside the entrance or in and around the parking lot area. Additionally, security signage is pasted interior to the restaurant in English, Spanish and Creole to discourage potential negative disturbances. The formerly proposed security plan elements including bouncers at front and back doors, security signage interior to the building, discouraging negative disturbances and reference to events anticipating larger groups of patrons, leads to concerns that what is envisioned is outside a restaurant use. This is of particular concern given the previous conditional use request which clearly exceeded allowed uses on the site (entertainment venue}. As this request is to involve a restaurant use only, no events shall be envisioned which do not involve the strict serving of food and beverages associated with its restaurant use. Catering events such as weddings, cultural holidays, etc. shall be accommodated at off-site facilities to discourage large crowds and diminish the need for additional security measures. All outdoor parking is visible to patrons and employees from inside the building. There are approximately 42 parking spaces directly in front, on the side and in the rear of the Chez Mika restaurant. The impact of this use should have minimal impact on the immediate adjacent businesses as they will be closed for business at or before 12:00 midnight. Given this fact, there will be at least 47 shopping center parking spaces in the Sherwood Plaza which will be available to Chez Mika patrons during the late night hours of operation. Currently, the Sherwood Plaza parking lot ligh#s shut off at 12:00 midnight. If a recommendation of approval is made, a condition of approval should be that the parking lot lighting be extended until 3:00 a.m. to accommodate the late night hour patrons of Chez Mika. CO'NDITiONAL -:USE! ANALY$1S CHAPTERS (REQUIRE[] FINDINGS}: (Performance Standards) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations {LDR), 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 on the application, 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 consistency with the Future Land Use Map (PLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LDR. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a PLUM designation of Congress Avenue Mixed Use {CMU) and a zoning designation of Mixed Residential Office and Commercial {MROC). The MROC zoning district is consistent with the PLUM designation of CMU. As previously stated, with the hours extended until 2:00' a.m., the proposed restaurant is defined in the Land Development Regulations as a 24-hour or late night business. LDR Section 4.3.3{W)(2}(a)(Conditional Use) states that any 24-Hour or late night business located or proposed to be located within a three hundred foot (300') straight fine .route from any residentially-zoned property shalt obtain a conditional use permit from the City for the operation of such use. Pursuant to LDR Section 4.4.12(H}{2}, within the MROC zoning district, 24-Hour or late night businesses are allowed as a conditional use. If Chez Mika were to operate exclusively „as a Planning & Zoning Board - 2125108 Staff Report Conditional Use Request fora 24-Hour or Late Night Business (Chet Mika) Page 4 exclusively as a restaurant, and provide enhanced security, lighting and landscape upgrades, the conditional use would be supportable. However, as noted above, it would appear that other types of uses not characteristic of normal restaurant uses are contemplated. Based upon the above, a positive finding with respect to consistency with the FLUM can be made only if the use is to operate exclusively as a restaurant. CONCURRENCY: Facilities which are provided by, or through, the Ci#y shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal involves an existing 4,448 sq. ft. restaurant located in the southeast comer of the 32,000 sq. ft. Sherwood Plaza building. The conditional use request to allow extended operating hours from 12:00 midnight until 2:00 a.m. (additional two early morning hours) will not affect the ability of the site to maintain concurrency. No significant increase in traffic demand, solid waste services or water and sewer will be created by this development proposal, nor affect the existing level of concurrency which is met. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5{E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the following applicable policy is noted: Housin Element Polic A-12.3 -- 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, taff"rc 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. Sherwood Plaza fronts on Congress Avenue to the west and across Congress Avenue is the Abbey Delray retirement community. The nearest residential structures within Abbey Delray are located approximately 138' to the west of the closest property line for Sherwood Plaza. The 32,000 sq. ft. building where Chez Mika is located is set back 395' from the west property line and the distance from the nearest residential structures to the front of the building where Chez Mika restaurant is located is a total of 533'. Because of its remote location in the southeast corner of the lot, disturbance to the retirement community wll be minimal, if any. Since the business is operated entirely indoors, there will be no odor or noise interferences. However, the potential use of the site for purposes other than a restaurant {i.e. cocktail lounge with live band), particularly if allowed until 2 a.m., may draw large crowds entering and exi#ing the facility at one time as opposed #o staggered times. This could present a host of concerns, including noise and crowd control. Proposed security measures would appear #o anticipate these types of conditions which, as previously mentioned, are not characteristic of restaurant uses. Since no new construction is being proposed, dust and traffic volumes are not a concern. Vehicular circulation patterns are internal to the Sherwood Plaza parking lot and have no affect on the adjacent residential properties. Since adjacent uses within the shopping center will have closed prior to 12 midnight, impacts with on site uses should not be an issue. However, impacts on adjacent uses of uses Planning & Zoning Board - 2/25108 Staff Report Conditional Use Request fora 24-Hour or Late Night Business (Chez Mika} Page 5 uses other than those usually associated with a restaurant use are a concern. The restaurant's very location is the most remote portion of the center, with a large portion of the parking lot receiving no visibility from either S. Congress Ave or S.W. 10 St. This is further exacerbated by deficiencies in lighting and a recent history that shows a high volume of complaints which include open container violations and loitering at all hours in the Shopping Center in general. Based upon the above, the business will not substantially negatively impact the safety, habitability and stability of the adjacent residential area, provided that only the existing restaurant use is maintained. However, the allowance of other uses {i.e. cocktail lounge with live band), particularly if allowed until 2 a.m., .may be disruptive to adjacent properties and negatively affect the surrounding area. Thus, as a condition of approval, staff recommends that no uses be allowed at the Chez Mika site other than its primary restaurant use. SECTION 2.4.5L~_REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direetiorr: Zonir7g: Use: North MROC (Mixed Industrial and Commercial} Delray Commercial Centre {Shopping Plaza South MROC (Mixed Industrial and Commercial} Uncle Bob's Self Storage Facility West RM (Multiple Family Residential -Medium Density) Abbey Delray retirement community East CD (Conservation District) CSX Railroad and [-95 right-of-way (open space) As previously stated, the Chez Mika is within 300' of residential properties with the nearest residential structures located approximately 138' to the west. The proposed late night operation is proposed to be located entirely interior to the Chez Mika restaurant within the Sherwood Plaza shopping center. No exterior changes to the site are proposed other than reinstallation of approved landscaping and curbing and the provision of additional lighting and security cameras. The main entrance of Chez Mika faces the interiorlmain parking area, which is separated from the adjacent residential property to the west by an additional 395' as well as by a five foot {6'} concrete wall surrounding the Abbey Delray retirement community. Security concerns with the extended hours have been raised by the Delray Beach Police Department which notes that there are ten (10) pages of incidents requiring law enforcement action occurring at locations in and around Chez Mika restaurant, the Sherwood Plaza shopping center and at the Valero gas station outparcel. It is noted that all incidents involving the subject site occurred prior to the occupancy of Chez Mika restaurant in September 2007. Given these incidents and the site's history, the Police Department's concerns over compatibility must be addressed. The applicant has attempted to Planning & Zoning Board - 2125108 Staff Report Conditional Use Request fora 24-Hour or Late Night Business (Chez Mika) Page 6 to alleviate these concerns by the provision of ten (10) on-site security cameras, security staff andlor police patrol in the parking lot, security guardslbouncers stationed near front andlor back doors within the restaurant and security guards available to walk patrons and employees to their cars, if needed. As previously noted, some of these security measures create some concern over the expectations of the owner with respect to the ultimate uses on this site and would appear to be unusual for typical restaurant uses. Given the site history and the concerns noted above, a positive finding can not be made with respect to LDR Section 2.4.5 (E). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: 4.3.3 {VV) 2.4-Hour or Late Night Businesses: (1) Purpose and Intent: The purpose and intent of the regulations of this section are: (a) To promote the health, safety and general welfare of the citizenry; (b) To provide conditions upon the use of 24-Hour or late night businesses in order to minimize impacts upon residentially-zoned properties from such uses. (2} Requirements: Unless otherwise specified, the following regulations shall apply to 24- Hour or late night businesses: (a} Conditional Use: Any 24-Hour or late night business located or proposed to be located within a three hundred foot (300') straight line route from any residentially-zoned property shall obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24-Hour or late night business is or will be located to the nearest point of a residentially-zoned property. (b) Conditions: In addition to complying with Section 2.4.5(E) of the Land Development Regulations, all other applicable regulations, and with any conditions imposed through the conditional use process, the following conditions shall apply to all 24-Hour or late night businesses which meet the requirements of subsection (2)(a): Securitrr Plan: A 24-Hour or late night business shall submit a security plan detailing the manner in which the business intends to address the security of the establishment, its patrons, employees and nearby residents. A convenience business as defined in Section 812.171, Florida Statutes {2000), as may be amended from time to time, is exempted from filing a security plan with the City pursuant to this subsection. However, convenience businesses shall comply with all applicable provisions of Sections 812.101-812.175, Florida Statutes (2000}, as may be amended from time to time. A security plan shall include, at a minimum, a detailed description of the following: a. external lighting; and, b. other external security measures, such as security cameras or other similar measures; and, c. internal security measures, such as drop safes, silent alarms, security personnel or other similar measures. Planning & Zoning Board - 2125108 Staff Report Conditional Use Request far a 24-Hour or Late Night Business (Chez Mika} Page 7 A security plan has been provided for fhe Chez Mika restaurant which includes the locations of external and internal security measures, as wel! as additional external lighting. As mentioned in fhe project description, a Total of fen (10) security cameras are proposed on-site interior and exterior to fhe restaurant. Likewise, securify personnel wi!! patrol the inferior and exterior of the Chez Mika restaurant during late .night operational hours. As a condition of approval, the parking lot lights will also be operationa! until 3:00 a.m. (1 hour after closing) to accommodate patrons of Chez Mika. 2. Buffering: A 24-Hour or late night business shall provide adequate buffering to minimize the effects of noise and to act as a visual buffer to the property from nearby residential districts. The nearest residential structures are locafed approximately 938' fo The west. The main entrance faces the interior/main parking area, which is buffered from the adjacent residential property to fhe west by an additional 395' as well as by a flue foot (6') concrete wall surrounding Abbey Delray retirement community. Therefore, the distance from fhe Abbey Delray residence to The front of the building where Chez Mika restaurant is located is a Total of 533'. There would be no anticipated concerns with regard to noise, if fhe use were limited to restaurant. Also, the 6' concrete wall surrounding Abbey Delray retirement communify, along with its obscure location in The soufheasf corner of fhe Sherwood Plaza behind a fi,360 sq. f!: building, ensure an adequate visual buffer is maintained_ (c) Findings: In addition to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the fallowing specific findings shall be made in order for any 24-Hour or late night business to be approved far a conditional use: That the use will be consistent with Housing Element A-12.3 of the Comprehensive Plan of the City of Defray Beach. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. 3. That the amount and type of proposed buffering is adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential properties and to act as a visual buffer to the property from surrounding uses and nearby residential properties. Based upon the previous analysis discussed in the sfaff report, the proposed conditional use will be consisfenf with Housing Element Policy A-12.3, which relates fo maintaining stability. As discussed under "Buffering" and "Security Plan" in this section, positive findings can not be made with respect to the anticipated uses (appear to more Than a restaurant). If a recommendation of approval is made by the Board if should be subjecf fo al! conditions of approval, including but not limited to a condition of approval to require the existing on-site shopping center lights be extended to until 3:00 a.m. and security personnel be on-site at all times after 11:00 p.m. until 3:00 a.m. Based upon the above, positive findings can be made with respect fo LDR Section 4.3.3(VV)(2)(c). WAIV_~R 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; Planning & Zoning Board - 2125108 Staff Report Conditional Use Request fora 24-Hour or Late Night Business {Chez Mika} Page 8 (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. LDR Article. 4.6 -Supplemental District ReQUlations: Lighting: Pursuant to LDR 4.6.8 (Lighting}, pole mounted site lighting must be provided on-site with a maximum height of 25 feet. Existing site lighting locations have been identified an the site and a photometric plan has been provided. The photometric plan provided demonstrates that the proposed parking lot will exceed the 4.0 maximum foot candle requirement [LDR Section 4.6.8(B}{3){C)] for the development. The applicant has requested a waiver to this requirement which is analyzed below. The applicant has provided the following justification statement regarding the waiver request: "The Iighfing should be allowed to exceed the 4.Q maximum due to security concerns and circumstances surrounding the area around the Sherwood Plaza" Given the City of Delray Police Department's ten (10) pages of incidents requiring law enforcement action at locations in and around the tenant bay currently leased by Chez Mika, the Sherwood Plaza shopping center and at the gas station outparcel, increased lighting appears prudent. Specifically, the exceedance of the 4.0 maximum foot candle allowance will not substantially affect the neighboring areas or create an unsafe situation. The site does not directly abut adjacent residential properties to the west and is separated by public rights-of-way on the north, west and east sides, this signifcantly minimizes, if not eliminates, the effects of light spillage onto adjacent properties. The commercial property to the south (Uncle Bob's Self Storage) will likewise be minimally affected. The chart below demonstrates the differences between what is being proposed and what is required via LDR Section 4.6.8. Site Lighting 1 Photometric Plan Average (fc} Maximum {fc) Minimum (fc) LDR Section 4.6.8 (required 1.00 4.0 0.4 Chez Mika restaurant (propose 3.20 9.0 1.1 The areas where proposed lighting has higher foot candle levels are primarily in the southeast corner of the site which currently has low visibility. The only area which has a foot candle level as high as 9.0 is located at the rear entrance to Chez Mika restaurant. The lighting along the perimeter of the site is no more than 6.3 foot candles at any one location, but is primarily in the 1.0-5.5 foot candle range. Granting of the requested waiver will not diminish the provision of public facilities or result in the gran# of a special privilege. Likewise, it shall not adversely affect the neighboring area or create an unsafe situation. Accordingly, positive findings can be made to required findings required by LDR Section Planning & Zoning Board - 2125108 Staff Report Conditional lJse Request fora 24-Hour or Late Night Business (Chet Mika) Page 9 2.4.7. B.5 with respect to allowing a maximum foot candle allowance of 9.0 which exceeds the maximum 4.0 foot candle. LANDSCAPING PLAN ANALYSIS'. The conditional use request does not propose to make any changes to the approved landscape plan for Sherwood Plaza. However, existing landscaping, irrigation and curbing conditions have been evaluated by the City Horticulturalist. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. Reinstall deteriorated landscaping, irrigation systems and landscape island curbing to comply with the approved landscape plan for Sherwood Plaza or provide a new landscape plan. The proposed development can be found in compliance with applicable requirements of LDR section 4.6.16, once the aforementioned condition of approval has been addressed. REUIE'W BY OTHERS The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority} and CRA (Community Redevelopment Agency}. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: ^ Neighborhood Advisory Council ^ Imperial Villas ^ Pines of Defray East Abbey Delray North Public Notice: Formal public notice has been provided to property owners within a 500` radius of the subject property. Notices were also provided to the tenants within Sherwood Plaza. Letters of support or objection will be presented at the Planning and Zoning Board meeting. ASS:ESS'MEN'T AND CQNCLU'S10N The proposed conditional use for Chez Mika should not negatively affect the adjacent residentially zoned properties, provided that the use remains a restaurant, and does not evolve into an entertainment venue. However, the prior conditional use request clearly exceeded allowable uses on the site which also indicated security plan elements that included bouncers at front and back doors, security signage interior to the building, discouraging negative disturbances and reference to events anticipating larger groups of patrons. While adequate buffers exist which will continue to serve the purpose of reducing noise and act as a visual barrier, the parking lot lighting on the site will need to be extended until 3:00 a.m. {1 hour after closing) for the late night patrons of the Chez Mika. Eight {8} security cameras exist interior and exteriar to the Chez Mika and will continue to remain in place. Likewise, two (2} additional exterior security cameras are proposed to monitor the harking lot area in front of and across from the Chez Mika restaurant. When utilized exclusively as a restaurant, Chez Mika is compatible with the Planning & Zoning Board - 2125108 Staff Report Conditional Use Request fora 24-Hour or Late Night Business (Chet Mika) Page 10 Mika is compatible with the surrounding neighborhood and to date has had no code enforcement violations or civil disturbances during its existence at this location since September 2007. If the Board considers recommending approval, it should be subject to the condition of approval that parking lot lights remain on until 3:00 a.m., additional security measures be in effect nightly until 3:00 a.m. regardless of anticipated patronage, reinstallation of deteriorated landscaping, curbing and irrigation systems, replacing broken or missing side lights and exterior lighting fixtures, no on-site catering events and most importantly limiting the use to restaurant only. Likewise, should there be more than three civil complaints received within any one year involving police intervention, the conditional use should be revoked. In conjunction with the conditional use request, positive findings can be made with respect to allowing a maximum foot candle of 9.0 which exceeds the maximum 4.0 foot candle allowance pursuant to LDR Section 2.4.7(B){5). ALTERNATIVE ACTIONS A. Recommend postponement of the waiver to LDR Section 4.6.8 Lighting and conditional use request far a 24-hour or late night business (Chez Mika} based upon inconclusive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E}(5) (Required Findings), Section 4.3.3{VV)(2)(c) (24-Hour or Late Night Business Findings), and Section 2.4.7(B}{5} of the Land Development Regulations, and consistency with Housing Element Policy A-12.3 and electing to continue with direction. B. Recommend approval of the waiver to LDR Section 4.6.8 Lighting and conditional use request fora 24-hour or late night business (Chez Mika) based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E}(5} (Required Findings}, and Section 4.3.3(W)(2)(c) (24-Hour or Late Night Business Findings} of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to the following conditions: 1. That the timing for the existing parking lot lights currently operating until midnight be modified to operate until 3:00 a.m. (1 hour after closing}. 2. That two (2) additional external security cameras be installed to monitor activity in the parking lot directly in front of and across from Chez Mika restaurant. 3. That any additional security measures provided by the owner (i.e. security cameras, parking lot security patrol, police patrol, etc.) be operations! at a minimum of 11 p.m. - 3 a.m., regardless of the anticipated number of patrons. 4. Reinstall any deteriorated landscaping island curbing, vegetation and irrigation systems to comply with the approved landscape plan for Sherwood Plaza or provide a new landscape plan. 5. That the use of the site during the extended operating hours be limited to the restaurant. 6. Existing exterior box light on the south side of the building is damaged and should be repaired in order to provide effective lighting for the adjacent driveway. 7. Catering events such as weddings, cultural holidays, etc. shall be accommodated at off- site facilities to discourage large crowds and diminish the need for additional security measures. Planning & Zoning Board - 212510$ Staff Report Conditional Use Request fora 24-Hour or Late Night Business (Chez Mika) Page 11 8. That should there be more than three civil complaints received within any one year involving police intervention, the conditional use shall be revoked. 9. That all conditions of approval are verified as completed by the appropriate City staff prior to being issued a conditional use permit to extend the hours of the restaurant to 2:00 a.m. C. Recommend denial of the waiver to LDR Section 4.6.8 Lighting and conditional use request fora 24-hour or late night business {Chez Mika} based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E}(5} (Conditional Use Findings}, Section 4.3.3(W}{2}(c} (24-Hour or Late Night Business Findings} and Section 2.4.7(6}{5} of the Land Development Regulations, and inconsistency with Housing Element Policy A-72.3, that the proposed use will hinder development or redevelopment of nearby properties and the proposed development will result in a degradation of nearby neighborhoods. REGOMItilIEN-DED- ACTIf][V Board discretion. Attachments: ^ Site Plan • Landscape Plan ^ Floor Plan ^ Photometric Plan ^ Security Plan ^ CPTED Review H ~ ~ L~ ~ o a U W H ~ ~ ~ N Z ~ LLJ ~ Q ~ v] ~ B O U L E VAR D ~ S O N 1~p G~ • o ~-----y; ~~~~ Q ~ , ~ , ~5 ~h W _ S ' L,s (~ X Q ~ (/ 1 {/} U W F-- ~ W ~ a~,.~r,~~ ,,!, C~ Z O ~ 0 U N Ul S. W. -11TH COURT S. W. 12TH CT. N CHEZ MIKA RESTAURANT ~~ SUBJECT PROPERTY 1005 S. CONGRESS AVENUE PLANhfiNG OEPARTMEtJT 12-43-46-14-04-000-4531 CITY OF DELRAY BEACH, FL LOCATfON MAP -- DlGIrAL &75E MAP SY57EM -- MAP REF: 5:\Planning &Zoning\DBMS\Fiie-Cab\Z-LM 1D41-1500\LM7058_CkEZ MIKA RESTAURAhF'F ~ ~ a e dg2 a ~ ~~ _ SV ~H 3a X ! ~ ~ 5X ~~ ~~~~~ ~~ a~~k~~ > x x } ~~~~~ ~ Q ~ a~ ~ s~.:#~ ~ ~~~~' 1 -i .. ~ '~ o . a ~ a - t- ~~WW~" R ~ . ~ ~S . ~~ ~-R~ kei _ _ ~ i i ~W~~~f.~~~ ~ ' ' ~,_ ._.._ - -_ - - - _, - - - - ~ --•-. QbOLePV~I ~ ~Xd'-QNVQHV~S~ J' -__._ _ ~~ ~. _ ~~ _ - . ~ _ ~, ~y r nei W w 8 A" "°°~ ~ ,.. 1 ~ . ~ j. a . . ~ - ~ ~ ~ ~ E ~ ~ ~ ~, ~ ~ ~ ~ - W ~ S .. T $ 8 - aW"Y~ ANOf51 - yE ' qla ° i ~ ~ ~ - .. ti ~ 3k~~" _ y~e _ ~ _ W E`~ ~. Ey - _ 3aH e ~ - ~~tle .~aa . ~ ;-FLOOR AREA .. ,. 28,805 SF RETAIL I 3000 S.F. RESTAURANT ~ 140.0 S:F. SERVICE STAT10 33,205 S.F TOTAL PARKING 191 SPACES REQUIRED l3l SPACES ' ..PROVIDED LAND AREA . ~' 205SF 33 BUILDINGS , . ~ 7064- S.E " WAI-KWAYS ~ _ -.r_.._ ... -'PAVING . _ - 275 SLF 27 LANDSCAPING _ , 500 ~E 151 TOTAL , - 'r te Line R/R d Coast -,, a . r ~ ~ ~ r:~ I~II~I I I~I II~III IIi{I~ ~II I1 I ~ II ,R~ ~ - . ~ _ . . x~nikFJN FWTGxoi.e xf - - - . N NEPRESEXTA IvE LE RBO1n~E IUINTA1REa DViWP L itX6 AREAB ANE: ~ ~ a o ~ •- - - anrl rFSI[oN .1.~.L~ ~ I I - - ~%1N6 AREA - O ' - - ' ALPx6 THE GERM Dx1VE5 - E _ ' IIw x1T1Ox. METALLIC HALIDE LRMas TvPF-~. 11 p a2 - ~ ~ - ARE RECD Gen. , I - Iy L ' M 111eAT]-x: Fll ECU1F~nr fop 0.GE6 rarttMC .eDxT6G Gx voLis., MaxENFa, v ~ 0.,,-, ¢ 59~ ~ - I ' x LIGT[NX x1TY LIfixT-iNG FPY[raF-MT vAY DE MDB1rtE9 G TxESSIDE OF A BnSLO1ns OR TIE - D5 ~ £ - 1 _ EDGE DF R RDDF• RS--eoLEE ENOVLp nR -~ M P 'I ~ OLES PARNIN6 E I .T,nx n. 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Z O 0 .-+ y 0.~ I ~ 3 N 3 ~ J ~ - ~ F~ z 1 I n° I ~ z I I ~ - ~ ~ I 1 I l I I II I a 1 I ~ 4 ~ I d ~ '~NO~ a.~pa Z O U -7 W ti- ~ J d ~ a a N ~ . - - - ~ i ~ ~ - ~ ~ -_ - - ,ao~oSZ F ~. . ~ ~ . - - ~ ~'3htl SS3219N0~ m o $. •Q ~~ ~, _ ~ _ ~ ~~ i ,F o y ~~ ~ ~~,~o ~4. _ U= -< O -~ ~~ ~~ efl Q-r - m ~10~ ~X~j ~r.~ u Z w ~ ~ ~ _ ~ ra Y: ~ ~ _ X7 iU - - - - ~ Z _ m Z n - tiZZj - - ~ --- ~--- --__-- . _ ~, w !1 ? W ~ ~ «g$~ F m..,~ U ~ R ~ Sao, ixop ,~ I ;~ ~ _ . ~ S ~5 ~ _ Q y O i 1 ~ 1 LL - ~ ~ 1 ~ ~ ~ '. r t'f 9 mz R Eit p ~~,. G~.e~ Mika Restaurant 1041 South Congress Avenue Unit 119 Delray Beach, Florida 33445 Thursday, March 13, 2008 Re: Written Narrative To whom it may concern: Chez Mika's Restaurant offers gourmet cuisine from the island of Haiti with some American appetizers available. This menu will be in place for all business hours, before and during the hours of 12am-tam if the extension is granted. Beverages served are non-alcoholic such as fresh juices, sodas, fruit punch, bottled water and the alcoholic beverages served will consist of beer, wine, and liquors of a variety of brands and flavors. Chez Mika offers an elegant ambience for business professionals and patrons who enjoy Haitian Cuisine. To our knowledge, Chez Mika's is one of two high end Haitian Restaurants in the entire state of Florida. The owner has invested her entire life's savings into this business venture and her main goal is to not only provide a clean, safe environment to enjoy the food of her culture, yet she would Iike to introduce Haitian Cuisine to people of all nationalities. Chez Mika's restaurant wants to cater to all cultures yet is focused on attracting a mature crowd and' family atmosphere. The awnex has contracted an business development consulting company, Elite Executives by Grand Enterpryzes International, Inc. to assist with the restaurants development and advancement to ensure a positive financial return of investment. The existing parking will remain the same since there is ample parking in front and around the restaurant. There are approximately 42 parking spaces directly in front, on the side and in back of Chez Mika's. And approximately an additiona147 parking spaces in the front parking lot of the plaza on the Congress Avenue side in front of Aaron's Furniture which is above and beyond the amount of spats per 1 Q00 square feet required. The parking area of the patrons will be monitored by security or police. Chez Mika's plans to have police and security on the weekends or any evening that we are open to tarn if approved. This is an extra security measure to ensure the safety of the patrons and staff as they go to and from their vehicles. Michaelle Costa-Lantin, the owner of Chez Mika Restaurant returned to the iJnited States after living in France for fifteen years. Hei~ sole dream was to open Chez Mika Restaurant and has planned to establish and maintain a Iong lasting place of business in Delray Beach and is willing to comply with the rules of regulations of the city. However, in order for her to stay in business and cover her expenses and have a large enough profit, it is pertinent that she is able to stay open until tam on the weekends in order to stay in business. ~ i'~ ~- i 1 ~, -t i i ~ ~i a ii~ ~~ ._.._,.._.,..~..._..._~._____~ ~l~.. Ch.e~ ~#i~a Re s t au~rant 1Q41 South Congress Avenue Unit '119 Delray Beach, Florida 33445 Thursday, March 20, 2008 Re: Police Officer Werner To whom it may concern.: Tt was to our understanding that Police Officer Werner was to be removed from involvement with the Chez Mika conditional use request. However, he spoke on behalf of the police department at the Plaiuung and Zoning Board meeting of Mar. 17, 2008. We feel that he has a personal vendetta for not wanting the extension when his superior, Mr. Woods stated openly in last months Planning and Zoning Board meeting that he would support our application if we were to stay open until tam instead of Sarn. He asked to be a part of choosing a security company which we have agreed to and we are planning on having police involvement. We ask that Mr: Woods speak to the board on the April 15`, 2008 meeting and that Mr. Wesners involvement cease as it was stated to your office via email directly from hian. I would like to thank you for your time in advance. sincerely, Michaelle Costa-Lantin ~~ ~~..~~ MAR 21 2008 PLANNING & ZONING Page 1 of 1 Jefferson, Candi Erom: Wesner, Gregory Sent: Friday, February 15, 2008 8:08 AM T~: Jefferson, Candi Cc: Woods,. Marc Subject: RE: Chez Mika @1024 S. Congress Avenue Hi Candi, Thanks far the updates. Due to the sensitive nature of the Chez Mica proposal, it was has been tamed it over to Lt. Mare Woods and Major Craig Hartmann. [have also provided Major Hartmann with your suggestion that someone from the police dept. a#tend the City Commission meeting. Having no personally vested interest reference the proposal, it will be at his discrekion as to whether someone attends that meeting. f have handfed any other concerns at the location jusk as I would any other information that I receive about law violations. Please feel free to contact me if I can be of any future assistance to you. Best Regards, Greg Wesner, Officer Community Patrol Section 243-7888 ext,3592 From: Jefferson, Candi Sent: Thu 2/14/2008 1:21 PM To: Wesner, Gregory Subject: Chez Mika @1024 S. Congress Avenue Greg, For your information/reference, the applicant for Chez Mika's conditional use regtaest has provided the attached summary of the percentage of alcoholic beverage consumption on site which appears to comply with the C0%140% requirement for their license. Their scheduled meeting dates are as follows: • Planning and Zoning Board meeting of Monday, February 25, 2008 • City Commission meeting of Tuesday, March 18, 2008 if you have further concerns, please address them to the respective Boards at their public hearing dates. Sincerely, Candi 3/24/2008 Security Plan .~ for Chez Mika :~ g: ~ 'r' au~smxa~ra~ Restaurant ~' z T ~ r ~ ~ Nit ~,y t . 5, P , ~ ~ ~+ ~ ~~, k °. ~~ ~4~~~ w ''~ .. ~ .. L 1 ~ 1 t Security Phan Chez Mika Restaurant About the Owner's Mission The owner of Chez Mika Restaurant (Michaelle Costa-Lantin) is also the former restaurant owner of an elegant restaurant in Paris, France. Her goal is to provide an upper class mature dining atmosphere for the community of all cultures as she introduces her native food and culture from Haiti to the American patrons as well as providing Gourmet Haitian Cuisine to those from her country of origin. She has invested her entire savings to complete this mission and is taking all necessary security precautions to ensure that her investment grows to its- fullest capability. Therefore, many security procedures swill be enforced during the hours where there is heavy traffic to the restaurant~to ensure that:order is maintained. Her main mission is to provide a safe dining environment with absolute elegance of the Caribbean. Chez Mika Restaurant is a clean smoke free fine gourmet restaurant and sale focus is to provide an elegant location that offers quality food and service. Chez Mika's security plan was developed to comply with the Conditional Use Section 4.3.3.(v) (4)14.3.3 (VV) (2} (b) 1. B. Lighting The plaza is being upgraded by the plaza owner with the appropriate lighting according to Delray Beach Cade Enforcement which is in the process of being installed by the owners of the Sherwood Park Plaza. A Photometric plan has been turned in with the application for Conditional Use. Currently, the lighting is extremely bright and well lit at night in the entire plaza. Security Chez Mika's operates for restaura~%t use only. The owner of Chez Mika's will have` a security guard and police on staff during the nights that we are open from 12-tam. More security will be added as needed once and if granted the extension to ensure the safety of the patrons. The security guard will be from a licensed security company. These security measures will be implemented regardless of the amount of patrons dining with us. Chez Mika's will have police patrolling the parking lot and vehicles and a security guard inside the restaurant to ensure the safety of the patrons and restaurant staff. Additional security officers and police will be hired when necessary. One of our security staff will walk patrons and employees to their cars if needed. The police and security guard will remain present until the parking area~is cleared of our patrons. Surveillance System Security is the owner's number one priority since she is fully aware that any negative outcomes could result in losing her investment: Therefore, she has installed a state of the art Security Camera System with night vision and' can be viewed from anywhere in the world via the Internet. It also records 24 hours a day, 7 days a week and the recordings are currently stored for up to three weeks. There are ten (10) cameras positioned on the exterior and interior of the restaurant and have been outlined on the attached floor plan. Even though a more sophisticated clientele will be in attendance, the owner took. it upon herself to take all necessary precautions to go beyond what may be requested by the City of Delray Beach. She is a serious business owner who would like to stay in business for many years to come and is taking all measures to ensure a safe environment and a long lasting business relationship with the city. In addition, ample display of security surveillance will be displayed to lessen ar eliminate any chance of a negative occurrence and will be posted in English, Spanish and Creole. The Cameras Cover the following areas: The kitchen and waitress area The front dining section and bar of the restaurant's interior The cash register The back dining area and north side of the bar The office where the safe is located. The back doors and part of the back parking lot The side parking lot The entrance and cozxidor of the front of the restaurant {2) The entire front parking lot and entry way of the restaurant from both angles A Total o~ 10 Fixed Camera Map sera 8 Camera 7 North amera 6 South Camera ~ Camera 1Q Camera 9 Wes# ~~~~t~r Your ~r~m~se~ 2~~? from Any~ere in the INor~ Remote Digital Video Security Outdoor COLOR DaylNight Builet Camera Ivy 20 Infra-Red Iil~uminator DIGINET System "~ Real Time Display * Motion Detector * Record Scheduling "` System Record 24!27 simultaneously * V1latch your business from the convenience of your home or office * M onitor multiple sites and monitor by simultaneously Remote access through PSTN, LAN, Internet * Super motion image compression technology smct * Storage motion on hard disk drives * Full color, motion video capturing and transition S ~hanne~ P~ Based Security DVR System v~~ith 2~~Fps, Suppart'Dyna~l~ic ~P ~. ~,, l~Et~RAY ~3~C~ ~'t7.i~E C?EPA~T~tiIIENT ~E~1tC)RAN1lJ t+, ~ ~ ~, ~ ~~Q~ t'LAl~t~l~~ ~ ~~r; T~7- Mfr. Paul flr~rEirig _ Planning and ~~nin~ Jt~I~+t~Z ~''1~NNN~~ FI~C}t l..reu#er~ant Marc Woo s , ~ ~~r7~pp ? ry~j' r~ ~ ~4r~ r~r~ 1.~,+~} ri1 ~ 1 t t~V~(. .U..t7 ~~. Alpha ~ay5 ~htft ~.... 411 ~ - 1 St.1~,~~~`T: ~~"~t~ ~eui~w +~f ~~a~z l'~i C~r~d~~~r'~~ lase ~ue~t My ~31~cers: who are ce~~ied as ~PTEI~ F?ractitianers r'~vievweti this r~.rest; ~lsiter# tt7~ site; ~rtd irrSpected t#le Busirtess ~I$~SIi3~. I~~S~#~ uporf aecept~d ~PTtwt~' Prirtoip#es 3nd thE'prop~sed I.iSe, tt~t~ fc~liowpg ttt~}e~tiori~ ar~r~ire rlbted: • Tt~e:restaurant's `eery to~atir~rt is the most remote ~~rtion of-the shopping enter, with a large pc~rt%on of the parking tat receivinr~ no v#sibility frr~m either ~S. Cc~rrgress five, or S.W: 7{3 St.. This provides tt~e appc~rkunity--far undesirable elements to car~gi~egake, lurtc, and potentially prey upon the business ar taatrons. Parking lot seautity will be a serious issues with a ~ ain. lousiness; A#f of thps~: facts are exacert3ateet by serious deficiencies in lighting; as doi;umented by Gods Enfe~cemerit t7ffrcer Milo Coloe (see Code Errf ~s~ #4~-77287. ~ The owners of the business ltaue alreedy made the business a venue far dancing, ar~d live rnusie.; 1=~rrtherrr~r~re, ttrey have stated that tf~~y intend ~n doing sa. Against itre f.~aclctrap provided ~iy tl3eir obi#iky to sell alcoho# the busine~ is Qpdratir~g as a niglltc#c The s#ate cifi l=torEda teas Issued the tacatian a licer3se to cell ~icdhc~l under l=#arida Statute ~t , l woufrS request a more effective security plan. taased upon the experiences t~f other Cluhs in Pa~rn Beach County. (flub l~c-ci~, et.ai.} ~ a.m. is #nr1 late fortl~e,effectve management of the peace & sa#ety of surrc~undint businesses arrd neighborhoods. At these late hs~drs, alcohol-related issues will be ~ttraated to this uenue r?vet~ affier alcAhal ceases beinr~ sold at 2 a.m... F'alicing the parking lot for alcohcri ransr~mptiart flutsicle thist~usiness wt#1 tae difficult for ti~em to mani~ge. -Alt alcohol eartsumption rriust cease at 2:t?t? am in the City of C?e€ray Beaelt, If this Condikianal` Use is granted, I foresee. manydther restauranks to demand the same Extension. 'fh~re are ; currently no atherafter hours establishments permitted in the city ak this time, `fhe 1-Ht~P restaurank on W. Atlantic.Ave: in open .after hours, taut ik does not. serve alcottc~l, anti it does n;at` provide a venue far entertainmenf. • 't'he prox#m#ty cf tl#s restarararrt to the 1-95 exits rr~akes i# vulnerable to rob~ieiy and tither vitt~~tt crime rues. The configuration of the parking lot to the side artd rear pf 1he business pravldes rio natural surueillance to protect the business ar~d pakror~s. +~ The Sherwood I'Iaza is lpcated along the t~9~ corridor. and wciuid pose ~d~li~rinal ra~t~ery riskSta kt~e patrons attd business if it remained open past ~:t7{7 a.m:. _. The request by the business` owner was made with heavy reliance ~pcirt khe;use pf a state'ttffhe ert security syskerrr. HQYVever, the best. secprity system will not deter robberies and violehoe; ~5 hoode~t sv+re~tst~iets, hats, acrd masks ire rou#ioely used by crirt7rta€ suspec#:s. l"?It~s, the ppor lighting s~ill;rrot altpw for imaging at n~ht. Based>upvrr all the ~nt'prrraatiort availabti; artd`~ha reviews by my GP'TEs~ P. raatiflarre~ I: rec.~arnmerid<<thait tl7e ~enditic~n~{ Use west by tvh~z Mica be denied. ~etving :r+vith A ~'t:I: i' MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 26, 2008 SUBJECT: AGENDA ITEM 9.D.1 -REGULAR COMMISSION MEETING OF APRIL 1, 2008 WAIVER REQUEST/CHEZ MIKA RESTAURANT ITEM BEFORE COMMISSION The item before the City Commission is consideration of a waiver request to LDR Section 4.6.8 to exceed the maximum 4.0 foot candle allowance for Chez Mika restaurant located at 1005 South Congress Avenue. BACKGROUND The subject property is a 3.02 acre parcel of land and contains a 32,000 sq. ft. shopping center with a service station outparcel. The site was originally constructed in 1964 and is occupied with retail, office and restaurant uses. The adequacy of on-site lighting has recently been analyzed in association with a conditional use request for Chez Mika to extend their operating hours until 2:00 AM (on this agenda as a separate item). The applicant has proposed upgrading the lighting to levels which exceed our current maximum illumination .Now before the Commission is a waiver request to LDR Section 4.6.8 to allow this increased lighting level. WAIVER The photometric plan provided demonstrates that the proposed parking lot will exceed the 4.0 maximum foot candle requirement. The foot candle level will be as high as 9.0 at the rear entrance to Chez Mika restaurant. The lighting along the perimeter of the site is no more than 6.3 foot candles at any one location, but is primarily in the 1.0-5.5 foot candle range. Granting of the requested waiver will not diminish the provision of public facilities or result in the granting of a special privilege. Positive findings can be made with respect to allowing a maximum foot candle allowance of 9.0 as it will enhance public safety. The exceedance of the 4.0 maximum foot candle allowance will not substantially affect the neighboring areas or create an unsafe situation. REVIEW BY OTHERS This request accompanies a conditional use request to allow Chez Mika to extend their operating hours until 2:OOam. The Planning and Zoning Board recommended denial of both the waiver to LDR Section 4.6.8 and the conditional use by a vote of 3-2 at its meeting of March 17, 2008. RECOMMENDATION Approve the waiver subject to positive findings with respect to LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR CHEZ MIKA RESTAURANT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on April 1, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Chez Mika Restaurant. 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 4.6.8(B)(3)(c) the maximum foot candle requirement is 4.0. The Applicant wishes to exceed this requirement at the rear entrance, up to 9.0 foot candles and along the perimeter, up to 6.3 foot candles. 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 4.6.8(B)(3)(c) to exceed the maximum foot candle requirements 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. 1 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 or denies the waiver request to LDR Section 4.6.8(B)(3)(c). Approve Deny 6. Based on the entire record before it, the City Commission hereby adopts this Order this 1St day of April, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 PLANNING AND ZONING BOARD C[TY OF DELRAY BEACH MEETING DATE: March 17, 2008 AGENDA ITEM: I~. B. ---STAFF REPQRT~-- I ITEM: Conditional use request to establish a 24 hour or late night business in the Mixed Residential Office and Commercial {MROC} zoning district far the Chez Mika Restaurant located within the Sherwood Plaza at 1005 South Congress Avenue GENERAL DATA: Applicant ................................. Michaeile Costa-Lantin Owner .................................. Investments Limited Location ..............:.:.:................... Southeast corner of SW 10th St. and S. Congress Ave. Property Size .............................. 3.02 acres Existing FLUM ........................... Proposed PLUM ..:...................... Current Zoning ............................ Proposed Zoning ........................ Adjacent Zoning ................North: CMU {Congress Avenue Mixed Use} No Change MROC {Mixed Residential Office and Cori~mercial} No Change MROC (Mixed Residential Office and Commercial East: CD (Conservation District} South: MROC (Mixed Residential Office and Commercial) West: RM (Multiple Family Residential -Medium Density) Existing Land Use ...................... Shopping Center Proposed Land Use .................... No Change Water Service ......................... Existing on site Sewer Service ........................ Existing on site aWS~ w Q S O U L E V A R O a g D ITEM BEFORI= THE BOARD' The action befiore the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a 24-hour or late night business (Chet Mika), pursuant to Section 2.4.5{E) and is accompanied by: O Site Plan; D Landscape Plan; and O Waiver Request The subject property is located in Sherwood Plaza on the southeast corner of SW 10t" St. and South Congress Avenue. BAGKG`ROUND The subject property is a 3.02 acre parcel of land and contains a 32,000 sq. ft. shopping center with a service station outparcei. The shopping center was originally constructed in 1964 and is occupied with retail, office and restaurant uses. On February 13, 1989, the City placed a Future Land Use Map (PLUM) designation of I (Industrial) on the property. The city-wide rezoning in 1990, changed the site's zoning district to Planned Commercial {PC) from Special Activities District (SAD}. In December of 1997, the subject property's land use designation was changed to GC {General Commercial). On February 6, 2007, Comprehensive Plan Amendment 2007-01 assigned the new PLUM designation of Congress Avenue Mixed Use (CMU) to the site and surrounding property within the Congress .Avenue Corridor. The zoning was brought into compliance with the new PLUM designation on February 20, 2007, when the subject parcel was rezoned to its current designation of Mixed Residential, Office and Commercial {MROC), via Ordinance No. 05- 07. Now before the Board is a conditional use request by the Chez Mika restaurant to allow a "24-hour or lafe night business': The restaurant currently has operating hours of 11:00 a.m. to 12 midnight and this request would extend the operating hours to 2:00 a.m. PRQJI=C'T DIESCRIPT((]N The development proposal consists of the following: • Extending the operating hours to 2:00 a.m.; • Installation of internal and external security measures including two additional security cameras monitoring the parking area in front of Chez Mika and patrolling police or security officer in the parking lot after 11:00 p.m.; • Landscaping and curbing improvements to bring the entire site consistent with the approved site plan and landscape plan; • On-site lighting improvements; and, • Waiver request to LDR Section 4.6.8 {Lighting) to allow higher intensity lighting. Pursuant to the Land Development Regulations, a 24-hour or late night business is defined as any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail store, grocery store, laundromat or similar use which is or will, at any time during a calendar year, be open for business at any time between the hours of 12 midnight and 5 a.m. In addition, LDR Section 4.3.3(W){2)(a)(Conditional Use} states that any 24-Hour or late night business Planning & Zoning Board - 2125108 Staff Report Conditional Use Request fora 2~-Hour or Late Night Business (Chez Mika) Page 2 located or proposed to be located within a three hundred foot (300') straight line route from any residentially-zoned property shat! obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24-Hour or late night business is or will be located to the nearest point of a residentially-zoned property. The nearest residential structures are within Abbey Delray, a retirement community, and are located approximately 138' to the west of the closest property line far Sherwood Plaza. Therefore this request is being sought. The applicant has provided the following information about the Chez Mika restaurant site: Chez Mika is the first and only fine dining restaurant specializing in Haitian Cuisine in Palm Beach County. The owner recently relocated from Paris, France, where she owned and operated a similar fine dining establishment. Chez Mika offers a safe, smoke free environment where patrons of a mature clientele can dine in and enjoy cultural music from Haiti, the Caribbean, Spanish Countries, jazz and more. Due to the clientele being predominantly of Haitian origin, it is customary to have these types of events in the later evening to early morning hours and the extension of the operating hours is deemed vital to the longevity of the business. Chez Mika has been operational since September 2007 and projects that the percentage breakdown of its gross annual revenue generated from the sale of food during the weekdays is anticipated at 95% and 5% would be from alcoholic beverage sales. During the weekend, anticipated food sales are estimated at 80% and 20% would be for alcoholic beverages. The site currently has valid occupational, business, restaurant and liquor licenses allowing a food to alcoholic beverage ratio of 60%140% respectively. The owner recognizes that no alcoholic beverages shall be sold or consumed on the premises after 2:00 a.m. Staff, however, does recommend that the prohibition of consumption of alcoholic beverages on the premises after 2:00 a.m. be reemphasized as a condition of approval. The existing hours of operation are from 11:00 a.m. to 12:00 midnight seven days a week. The applicant is requesting extended open hours until 2:00 a.m. She notes that a strict dress code of business attire will be enforced for those dining after 10:00 p.m. The Chez Mika restaurant occupies approximately 4,448 sq. ft. in the southeast corner of the 32,000 sq. ft. Sherwood Plaza building, located at the southeast corner of SW 10t~' Street and South Congress Avenue. The seating capacity is one hundred and fifty (150}. The number of employees is approximately twenty-five {25). Interior to the Chez Mika restaurant, there is a security monitoring system which consists of five {5} security cameras strategically located throughout the facility. Exterior to the establishment, there are three (3) existing security cameras. Staff also requested that additional security measures be in effect to monitor outside activities during the late night to early morning operational hours. Accordingly, the owner has agreed to install two (2) additional exterior security cameras to monitor activity in the parking lot area directly in front of and across from Chez Mika. All eight (8) existing security cameras, as well as the two (2) additional proposed cameras will be operational twenty-four hours a day, seven days a week. In addition to the on-site security cameras, the owner proposes to have her own security staff on duty or hire a security company andlor police protection during events anticipating larger groups of patrons. Likewise, security guards/bouncers will be stationed as needed near front andlor back doors and within the restaurant. A security officer will also patrol the parking lot. Securi#y wilt also be available to walk patrons and employees to their cars. As a condition of approval, staff is recommending that additional outside security personnel be on site whenever the site is open after 11:00 p.m. and that this security Planning & Zoning Board - 2125108 Staff Report Conditional Use Request fora 24-Hour or Late Night Business (Chet Mika) Page 3 11:00 p.m. and that this security personnel be on shift until 3:00 a.m. (1 hour after closing}. The owner has posted "Na Loitering" signage outside of the front entrance to assure that all activity occurs interior to the Chez Mika res#aurant and not outside the entrance or in and around the parking lot area. Additionally, security signage is pasted interior to the restaurant in English, Spanish and Creole to discourage potential negative disturbances. The formerly proposed security plan elements including bouncers at front and back doors, security signage interior to the building, discouraging negative disturbances and reference to events anticipating larger groups of patrons, leads to concerns that what is envisioned is outside a restaurant use. This is of particular concern given the previous conditional use request which clearly exceeded allowed uses on the site (entertainment venue}. As this request is to involve a restaurant use only, no events shall be envisioned which do not involve the strict serving of food and beverages associated with its restaurant use. Catering events such as weddings, cultural holidays, etc. shall be accommodated at off-site facilities to discourage large crowds and diminish the need for additional security measures. All outdoor parking is visible to patrons and employees from inside the building. There are approximately 42 parking spaces directly in front, on the side and in the rear of the Chez Mika restaurant. The impact of this use should have minimal impact on the immediate adjacent businesses as they will be closed for business at or before 12:00 midnight. Given this fact, there will be at least 47 shopping center parking spaces in the Sherwood Plaza which will be available to Chez Mika patrons during the late night hours of operation. Currently, the Sherwood Plaza parking lot ligh#s shut off at 12:00 midnight. If a recommendation of approval is made, a condition of approval should be that the parking lot lighting be extended until 3:00 a.m. to accommodate the late night hour patrons of Chez Mika. CO'NDITiONAL -:USE! ANALY$1S CHAPTERS (REQUIRE[] FINDINGS}: (Performance Standards) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations {LDR), 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 on the application, 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 consistency with the Future Land Use Map (PLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LDR. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a PLUM designation of Congress Avenue Mixed Use {CMU) and a zoning designation of Mixed Residential Office and Commercial {MROC). The MROC zoning district is consistent with the PLUM designation of CMU. As previously stated, with the hours extended until 2:00' a.m., the proposed restaurant is defined in the Land Development Regulations as a 24-hour or late night business. LDR Section 4.3.3{W)(2}(a)(Conditional Use) states that any 24-Hour or late night business located or proposed to be located within a three hundred foot (300') straight fine .route from any residentially-zoned property shalt obtain a conditional use permit from the City for the operation of such use. Pursuant to LDR Section 4.4.12(H}{2}, within the MROC zoning district, 24-Hour or late night businesses are allowed as a conditional use. If Chez Mika were to operate exclusively „as a Planning & Zoning Board - 2125108 Staff Report Conditional Use Request fora 24-Hour or Late Night Business (Chet Mika) Page 4 exclusively as a restaurant, and provide enhanced security, lighting and landscape upgrades, the conditional use would be supportable. However, as noted above, it would appear that other types of uses not characteristic of normal restaurant uses are contemplated. Based upon the above, a positive finding with respect to consistency with the FLUM can be made only if the use is to operate exclusively as a restaurant. CONCURRENCY: Facilities which are provided by, or through, the Ci#y shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal involves an existing 4,448 sq. ft. restaurant located in the southeast comer of the 32,000 sq. ft. Sherwood Plaza building. The conditional use request to allow extended operating hours from 12:00 midnight until 2:00 a.m. (additional two early morning hours) will not affect the ability of the site to maintain concurrency. No significant increase in traffic demand, solid waste services or water and sewer will be created by this development proposal, nor affect the existing level of concurrency which is met. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5{E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the following applicable policy is noted: Housin Element Polic A-12.3 -- 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, taff"rc 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. Sherwood Plaza fronts on Congress Avenue to the west and across Congress Avenue is the Abbey Delray retirement community. The nearest residential structures within Abbey Delray are located approximately 138' to the west of the closest property line for Sherwood Plaza. The 32,000 sq. ft. building where Chez Mika is located is set back 395' from the west property line and the distance from the nearest residential structures to the front of the building where Chez Mika restaurant is located is a total of 533'. Because of its remote location in the southeast corner of the lot, disturbance to the retirement community wll be minimal, if any. Since the business is operated entirely indoors, there will be no odor or noise interferences. However, the potential use of the site for purposes other than a restaurant {i.e. cocktail lounge with live band), particularly if allowed until 2 a.m., may draw large crowds entering and exi#ing the facility at one time as opposed #o staggered times. This could present a host of concerns, including noise and crowd control. Proposed security measures would appear #o anticipate these types of conditions which, as previously mentioned, are not characteristic of restaurant uses. Since no new construction is being proposed, dust and traffic volumes are not a concern. Vehicular circulation patterns are internal to the Sherwood Plaza parking lot and have no affect on the adjacent residential properties. Since adjacent uses within the shopping center will have closed prior to 12 midnight, impacts with on site uses should not be an issue. However, impacts on adjacent uses of uses Planning & Zoning Board - 2/25108 Staff Report Conditional Use Request fora 24-Hour or Late Night Business (Chez Mika} Page 5 uses other than those usually associated with a restaurant use are a concern. The restaurant's very location is the most remote portion of the center, with a large portion of the parking lot receiving no visibility from either S. Congress Ave or S.W. 10 St. This is further exacerbated by deficiencies in lighting and a recent history that shows a high volume of complaints which include open container violations and loitering at all hours in the Shopping Center in general. Based upon the above, the business will not substantially negatively impact the safety, habitability and stability of the adjacent residential area, provided that only the existing restaurant use is maintained. However, the allowance of other uses {i.e. cocktail lounge with live band), particularly if allowed until 2 a.m., .may be disruptive to adjacent properties and negatively affect the surrounding area. Thus, as a condition of approval, staff recommends that no uses be allowed at the Chez Mika site other than its primary restaurant use. SECTION 2.4.5L~_REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direetiorr: Zonir7g: Use: North MROC (Mixed Industrial and Commercial} Delray Commercial Centre {Shopping Plaza South MROC (Mixed Industrial and Commercial} Uncle Bob's Self Storage Facility West RM (Multiple Family Residential -Medium Density) Abbey Delray retirement community East CD (Conservation District) CSX Railroad and [-95 right-of-way (open space) As previously stated, the Chez Mika is within 300' of residential properties with the nearest residential structures located approximately 138' to the west. The proposed late night operation is proposed to be located entirely interior to the Chez Mika restaurant within the Sherwood Plaza shopping center. No exterior changes to the site are proposed other than reinstallation of approved landscaping and curbing and the provision of additional lighting and security cameras. The main entrance of Chez Mika faces the interiorlmain parking area, which is separated from the adjacent residential property to the west by an additional 395' as well as by a five foot {6'} concrete wall surrounding the Abbey Delray retirement community. Security concerns with the extended hours have been raised by the Delray Beach Police Department which notes that there are ten (10) pages of incidents requiring law enforcement action occurring at locations in and around Chez Mika restaurant, the Sherwood Plaza shopping center and at the Valero gas station outparcel. It is noted that all incidents involving the subject site occurred prior to the occupancy of Chez Mika restaurant in September 2007. Given these incidents and the site's history, the Police Department's concerns over compatibility must be addressed. The applicant has attempted to Planning & Zoning Board - 2125108 Staff Report Conditional Use Request fora 24-Hour or Late Night Business (Chez Mika) Page 6 to alleviate these concerns by the provision of ten (10) on-site security cameras, security staff andlor police patrol in the parking lot, security guardslbouncers stationed near front andlor back doors within the restaurant and security guards available to walk patrons and employees to their cars, if needed. As previously noted, some of these security measures create some concern over the expectations of the owner with respect to the ultimate uses on this site and would appear to be unusual for typical restaurant uses. Given the site history and the concerns noted above, a positive finding can not be made with respect to LDR Section 2.4.5 (E). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: 4.3.3 {VV) 2.4-Hour or Late Night Businesses: (1) Purpose and Intent: The purpose and intent of the regulations of this section are: (a) To promote the health, safety and general welfare of the citizenry; (b) To provide conditions upon the use of 24-Hour or late night businesses in order to minimize impacts upon residentially-zoned properties from such uses. (2} Requirements: Unless otherwise specified, the following regulations shall apply to 24- Hour or late night businesses: (a} Conditional Use: Any 24-Hour or late night business located or proposed to be located within a three hundred foot (300') straight line route from any residentially-zoned property shall obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24-Hour or late night business is or will be located to the nearest point of a residentially-zoned property. (b) Conditions: In addition to complying with Section 2.4.5(E) of the Land Development Regulations, all other applicable regulations, and with any conditions imposed through the conditional use process, the following conditions shall apply to all 24-Hour or late night businesses which meet the requirements of subsection (2)(a): Securitrr Plan: A 24-Hour or late night business shall submit a security plan detailing the manner in which the business intends to address the security of the establishment, its patrons, employees and nearby residents. A convenience business as defined in Section 812.171, Florida Statutes {2000), as may be amended from time to time, is exempted from filing a security plan with the City pursuant to this subsection. However, convenience businesses shall comply with all applicable provisions of Sections 812.101-812.175, Florida Statutes (2000}, as may be amended from time to time. A security plan shall include, at a minimum, a detailed description of the following: a. external lighting; and, b. other external security measures, such as security cameras or other similar measures; and, c. internal security measures, such as drop safes, silent alarms, security personnel or other similar measures. Planning & Zoning Board - 2125108 Staff Report Conditional Use Request far a 24-Hour or Late Night Business (Chez Mika} Page 7 A security plan has been provided for fhe Chez Mika restaurant which includes the locations of external and internal security measures, as wel! as additional external lighting. As mentioned in fhe project description, a Total of fen (10) security cameras are proposed on-site interior and exterior to fhe restaurant. Likewise, securify personnel wi!! patrol the inferior and exterior of the Chez Mika restaurant during late .night operational hours. As a condition of approval, the parking lot lights will also be operationa! until 3:00 a.m. (1 hour after closing) to accommodate patrons of Chez Mika. 2. Buffering: A 24-Hour or late night business shall provide adequate buffering to minimize the effects of noise and to act as a visual buffer to the property from nearby residential districts. The nearest residential structures are locafed approximately 938' fo The west. The main entrance faces the interior/main parking area, which is buffered from the adjacent residential property to fhe west by an additional 395' as well as by a flue foot (6') concrete wall surrounding Abbey Delray retirement community. Therefore, the distance from fhe Abbey Delray residence to The front of the building where Chez Mika restaurant is located is a Total of 533'. There would be no anticipated concerns with regard to noise, if fhe use were limited to restaurant. Also, the 6' concrete wall surrounding Abbey Delray retirement communify, along with its obscure location in The soufheasf corner of fhe Sherwood Plaza behind a fi,360 sq. f!: building, ensure an adequate visual buffer is maintained_ (c) Findings: In addition to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the fallowing specific findings shall be made in order for any 24-Hour or late night business to be approved far a conditional use: That the use will be consistent with Housing Element A-12.3 of the Comprehensive Plan of the City of Defray Beach. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. 3. That the amount and type of proposed buffering is adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential properties and to act as a visual buffer to the property from surrounding uses and nearby residential properties. Based upon the previous analysis discussed in the sfaff report, the proposed conditional use will be consisfenf with Housing Element Policy A-12.3, which relates fo maintaining stability. As discussed under "Buffering" and "Security Plan" in this section, positive findings can not be made with respect to the anticipated uses (appear to more Than a restaurant). If a recommendation of approval is made by the Board if should be subjecf fo al! conditions of approval, including but not limited to a condition of approval to require the existing on-site shopping center lights be extended to until 3:00 a.m. and security personnel be on-site at all times after 11:00 p.m. until 3:00 a.m. Based upon the above, positive findings can be made with respect fo LDR Section 4.3.3(VV)(2)(c). WAIV_~R 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; Planning & Zoning Board - 2125108 Staff Report Conditional Use Request fora 24-Hour or Late Night Business {Chez Mika} Page 8 (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. LDR Article. 4.6 -Supplemental District ReQUlations: Lighting: Pursuant to LDR 4.6.8 (Lighting}, pole mounted site lighting must be provided on-site with a maximum height of 25 feet. Existing site lighting locations have been identified an the site and a photometric plan has been provided. The photometric plan provided demonstrates that the proposed parking lot will exceed the 4.0 maximum foot candle requirement [LDR Section 4.6.8(B}{3){C)] for the development. The applicant has requested a waiver to this requirement which is analyzed below. The applicant has provided the following justification statement regarding the waiver request: "The Iighfing should be allowed to exceed the 4.Q maximum due to security concerns and circumstances surrounding the area around the Sherwood Plaza" Given the City of Delray Police Department's ten (10) pages of incidents requiring law enforcement action at locations in and around the tenant bay currently leased by Chez Mika, the Sherwood Plaza shopping center and at the gas station outparcel, increased lighting appears prudent. Specifically, the exceedance of the 4.0 maximum foot candle allowance will not substantially affect the neighboring areas or create an unsafe situation. The site does not directly abut adjacent residential properties to the west and is separated by public rights-of-way on the north, west and east sides, this signifcantly minimizes, if not eliminates, the effects of light spillage onto adjacent properties. The commercial property to the south (Uncle Bob's Self Storage) will likewise be minimally affected. The chart below demonstrates the differences between what is being proposed and what is required via LDR Section 4.6.8. Site Lighting 1 Photometric Plan Average (fc} Maximum {fc) Minimum (fc) LDR Section 4.6.8 (required 1.00 4.0 0.4 Chez Mika restaurant (propose 3.20 9.0 1.1 The areas where proposed lighting has higher foot candle levels are primarily in the southeast corner of the site which currently has low visibility. The only area which has a foot candle level as high as 9.0 is located at the rear entrance to Chez Mika restaurant. The lighting along the perimeter of the site is no more than 6.3 foot candles at any one location, but is primarily in the 1.0-5.5 foot candle range. Granting of the requested waiver will not diminish the provision of public facilities or result in the gran# of a special privilege. Likewise, it shall not adversely affect the neighboring area or create an unsafe situation. Accordingly, positive findings can be made to required findings required by LDR Section Planning & Zoning Board - 2125108 Staff Report Conditional lJse Request fora 24-Hour or Late Night Business (Chet Mika) Page 9 2.4.7. B.5 with respect to allowing a maximum foot candle allowance of 9.0 which exceeds the maximum 4.0 foot candle. LANDSCAPING PLAN ANALYSIS'. The conditional use request does not propose to make any changes to the approved landscape plan for Sherwood Plaza. However, existing landscaping, irrigation and curbing conditions have been evaluated by the City Horticulturalist. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. Reinstall deteriorated landscaping, irrigation systems and landscape island curbing to comply with the approved landscape plan for Sherwood Plaza or provide a new landscape plan. The proposed development can be found in compliance with applicable requirements of LDR section 4.6.16, once the aforementioned condition of approval has been addressed. REUIE'W BY OTHERS The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority} and CRA (Community Redevelopment Agency}. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: ^ Neighborhood Advisory Council ^ Imperial Villas ^ Pines of Defray East Abbey Delray North Public Notice: Formal public notice has been provided to property owners within a 500` radius of the subject property. Notices were also provided to the tenants within Sherwood Plaza. Letters of support or objection will be presented at the Planning and Zoning Board meeting. ASS:ESS'MEN'T AND CQNCLU'S10N The proposed conditional use for Chez Mika should not negatively affect the adjacent residentially zoned properties, provided that the use remains a restaurant, and does not evolve into an entertainment venue. However, the prior conditional use request clearly exceeded allowable uses on the site which also indicated security plan elements that included bouncers at front and back doors, security signage interior to the building, discouraging negative disturbances and reference to events anticipating larger groups of patrons. While adequate buffers exist which will continue to serve the purpose of reducing noise and act as a visual barrier, the parking lot lighting on the site will need to be extended until 3:00 a.m. {1 hour after closing) for the late night patrons of the Chez Mika. Eight {8} security cameras exist interior and exteriar to the Chez Mika and will continue to remain in place. Likewise, two (2} additional exterior security cameras are proposed to monitor the harking lot area in front of and across from the Chez Mika restaurant. When utilized exclusively as a restaurant, Chez Mika is compatible with the Planning & Zoning Board - 2125108 Staff Report Conditional Use Request fora 24-Hour or Late Night Business (Chet Mika) Page 10 Mika is compatible with the surrounding neighborhood and to date has had no code enforcement violations or civil disturbances during its existence at this location since September 2007. If the Board considers recommending approval, it should be subject to the condition of approval that parking lot lights remain on until 3:00 a.m., additional security measures be in effect nightly until 3:00 a.m. regardless of anticipated patronage, reinstallation of deteriorated landscaping, curbing and irrigation systems, replacing broken or missing side lights and exterior lighting fixtures, no on-site catering events and most importantly limiting the use to restaurant only. Likewise, should there be more than three civil complaints received within any one year involving police intervention, the conditional use should be revoked. In conjunction with the conditional use request, positive findings can be made with respect to allowing a maximum foot candle of 9.0 which exceeds the maximum 4.0 foot candle allowance pursuant to LDR Section 2.4.7(B){5). ALTERNATIVE ACTIONS A. Recommend postponement of the waiver to LDR Section 4.6.8 Lighting and conditional use request far a 24-hour or late night business (Chez Mika} based upon inconclusive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E}(5) (Required Findings), Section 4.3.3{VV)(2)(c) (24-Hour or Late Night Business Findings), and Section 2.4.7(B}{5} of the Land Development Regulations, and consistency with Housing Element Policy A-12.3 and electing to continue with direction. B. Recommend approval of the waiver to LDR Section 4.6.8 Lighting and conditional use request fora 24-hour or late night business (Chez Mika) based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E}(5} (Required Findings}, and Section 4.3.3(W)(2)(c) (24-Hour or Late Night Business Findings} of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to the following conditions: 1. That the timing for the existing parking lot lights currently operating until midnight be modified to operate until 3:00 a.m. (1 hour after closing}. 2. That two (2) additional external security cameras be installed to monitor activity in the parking lot directly in front of and across from Chez Mika restaurant. 3. That any additional security measures provided by the owner (i.e. security cameras, parking lot security patrol, police patrol, etc.) be operations! at a minimum of 11 p.m. - 3 a.m., regardless of the anticipated number of patrons. 4. Reinstall any deteriorated landscaping island curbing, vegetation and irrigation systems to comply with the approved landscape plan for Sherwood Plaza or provide a new landscape plan. 5. That the use of the site during the extended operating hours be limited to the restaurant. 6. Existing exterior box light on the south side of the building is damaged and should be repaired in order to provide effective lighting for the adjacent driveway. 7. Catering events such as weddings, cultural holidays, etc. shall be accommodated at off- site facilities to discourage large crowds and diminish the need for additional security measures. Planning & Zoning Board - 212510$ Staff Report Conditional Use Request fora 24-Hour or Late Night Business (Chez Mika) Page 11 8. That should there be more than three civil complaints received within any one year involving police intervention, the conditional use shall be revoked. 9. That all conditions of approval are verified as completed by the appropriate City staff prior to being issued a conditional use permit to extend the hours of the restaurant to 2:00 a.m. C. Recommend denial of the waiver to LDR Section 4.6.8 Lighting and conditional use request fora 24-hour or late night business {Chez Mika} based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E}(5} (Conditional Use Findings}, Section 4.3.3(W}{2}(c} (24-Hour or Late Night Business Findings} and Section 2.4.7(6}{5} of the Land Development Regulations, and inconsistency with Housing Element Policy A-72.3, that the proposed use will hinder development or redevelopment of nearby properties and the proposed development will result in a degradation of nearby neighborhoods. REGOMItilIEN-DED- ACTIf][V Board discretion. Attachments: ^ Site Plan • Landscape Plan ^ Floor Plan ^ Photometric Plan ^ Security Plan ^ CPTED Review H ~ ~ L~ ~ o a U W H ~ ~ ~ N Z ~ LLJ ~ Q ~ v] ~ B O U L E VAR D ~ S O N 1~p G~ • o ~-----y; ~~~~ Q ~ , ~ , ~5 ~h W _ S ' L,s (~ X Q ~ (/ 1 {/} U W F-- ~ W ~ a~,.~r,~~ ,,!, C~ Z O ~ 0 U N Ul S. W. -11TH COURT S. W. 12TH CT. N CHEZ MIKA RESTAURANT ~~ SUBJECT PROPERTY 1005 S. CONGRESS AVENUE PLANhfiNG OEPARTMEtJT 12-43-46-14-04-000-4531 CITY OF DELRAY BEACH, FL LOCATfON MAP -- DlGIrAL &75E MAP SY57EM -- MAP REF: 5:\Planning &Zoning\DBMS\Fiie-Cab\Z-LM 1D41-1500\LM7058_CkEZ MIKA RESTAURAhF'F ~ ~ a e dg2 a ~ ~~ _ SV ~H 3a X ! ~ ~ 5X ~~ ~~~~~ ~~ a~~k~~ > x x } ~~~~~ ~ Q ~ a~ ~ s~.:#~ ~ ~~~~' 1 -i .. ~ '~ o . a ~ a - t- ~~WW~" R ~ . ~ ~S . ~~ ~-R~ kei _ _ ~ i i ~W~~~f.~~~ ~ ' ' ~,_ ._.._ - -_ - - - _, - - - - ~ --•-. QbOLePV~I ~ ~Xd'-QNVQHV~S~ J' -__._ _ ~~ ~. _ ~~ _ - . ~ _ ~, ~y r nei W w 8 A" "°°~ ~ ,.. 1 ~ . ~ j. a . . ~ - ~ ~ ~ ~ E ~ ~ ~ ~, ~ ~ ~ ~ - W ~ S .. T $ 8 - aW"Y~ ANOf51 - yE ' qla ° i ~ ~ ~ - .. ti ~ 3k~~" _ y~e _ ~ _ W E`~ ~. Ey - _ 3aH e ~ - ~~tle .~aa . ~ ;-FLOOR AREA .. ,. 28,805 SF RETAIL I 3000 S.F. RESTAURANT ~ 140.0 S:F. SERVICE STAT10 33,205 S.F TOTAL PARKING 191 SPACES REQUIRED l3l SPACES ' ..PROVIDED LAND AREA . ~' 205SF 33 BUILDINGS , . ~ 7064- S.E " WAI-KWAYS ~ _ -.r_.._ ... -'PAVING . _ - 275 SLF 27 LANDSCAPING _ , 500 ~E 151 TOTAL , - 'r te Line R/R d Coast -,, a . r ~ ~ ~ r:~ I~II~I I I~I II~III IIi{I~ ~II I1 I ~ II ,R~ ~ - . ~ _ . . x~nikFJN FWTGxoi.e xf - - - . N NEPRESEXTA IvE LE RBO1n~E IUINTA1REa DViWP L itX6 AREAB ANE: ~ ~ a o ~ •- - - anrl rFSI[oN .1.~.L~ ~ I I - - ~%1N6 AREA - O ' - - ' ALPx6 THE GERM Dx1VE5 - E _ ' IIw x1T1Ox. METALLIC HALIDE LRMas TvPF-~. 11 p a2 - ~ ~ - ARE RECD Gen. , I - Iy L ' M 111eAT]-x: Fll ECU1F~nr fop 0.GE6 rarttMC .eDxT6G Gx voLis., MaxENFa, v ~ 0.,,-, ¢ 59~ ~ - I ' x LIGT[NX x1TY LIfixT-iNG FPY[raF-MT vAY DE MDB1rtE9 G TxESSIDE OF A BnSLO1ns OR TIE - D5 ~ £ - 1 _ EDGE DF R RDDF• RS--eoLEE ENOVLp nR -~ M P 'I ~ OLES PARNIN6 E I .T,nx n. 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SS32~~N03 ~S 500 4. ~ ~ e ~ Q ' ~ - ~ 6990-££L (l95)~ ~ - ~ d~~~ Z~I"I~ ~ ® I r _ - ~ _ - r~nv wraa xouuae as m rasa x ~ ~ ~ . ~ K- s v .. ~1Nb'bf1V15~2i ~NI~S~X3 ~ ~ ~ ? - .'.:3N1~'.N91530 QiJV 9NLLdVbO- N015133ad ~ ~ -- ~. ~ ~., ® ~ ~- . W LS La q ~ ~ N ~ 2. Z O 0 .-+ y 0.~ I ~ 3 N 3 ~ J ~ - ~ F~ z 1 I n° I ~ z I I ~ - ~ ~ I 1 I l I I II I a 1 I ~ 4 ~ I d ~ '~NO~ a.~pa Z O U -7 W ti- ~ J d ~ a a N ~ . - - - ~ i ~ ~ - ~ ~ -_ - - ,ao~oSZ F ~. . ~ ~ . - - ~ ~'3htl SS3219N0~ MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 26, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 REQUEST TO POSTPONE/PRELIMINARY AND FINAL PLAT/MIDTOWN DELRAY ITEM BEFORE COMMISSION The item before the City Commission is a request to postpone the consideration of approval for 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 officeto be platted as Midtown Delray. The subject property islocated at the southwest corner of Linton Boulevard and Old Germantown Road, west of Park Access Road. BACKGROUND At its meeting of March 18, 2008 the City Commission reviewed the combined preliminary/final plat and rescheduled it for a subsequent meeting of the Commission on April 1, 2008. Also at this meeting of March 18, 2008, direction was given to address two primary concerns. First, that an adjustment of the unit sizes be completed; specifically to widen the garages for the three bedroom, two car garage units; and expand the bedroom width of the two and three bedroom units. This would subsequently affect the dimensions of the platted lots and has been noted on the resubmitted plat (reducing the size of the lots for the two bedroom, one car garage units from 17' to approximately 16.33' and increasing the lot size of the three bedroom, two car garage units to as much as 24.33' wide). The second change was to address the dedication language on the face of the plat to include reference to a master association that would have unified control and responsibility over certain common elements of the overall development such as drainage, cross-access, etc. The applicant has addressed the first concern by changing one of the two car garage units within each building to a one car garage unit and spreading the resulting dimensions throughout the remaining units. This will change both the lot lines on the plat and the elevations of each building. Changes to the unit designs and associated elevations will be considered by the Site Plan Review and Appearance Board (SPRAB) at its regularly scheduled meeting of April 9, 2008. The plat, showing the reconfiguration of the lots and modified dedication language will be before the City Commission for consideration at its meeting of April 15, 2008, pending SPRAB's approval. RECOMMENDATION Postpone the Preliminary Plat and certification of the Final Plat for Midtown Delray to a tentative date of April 15, 2008, pending SPRAB's approval of the site plan modification. 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 April 1, 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 denies the preliminary and final plat for Midtown. The City Commission hereby adopts this Order this 1St day of April, 2008, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 3 7uMa uEC CFrRrsT ca c rH~ xiNc CNU CN AMONaS7Er7Y OF ST. 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S~D70 ~ L ~IIda'~I ~ ~ , a~rr aa xnnos~ ~ _ ~£ILIOGdZ-W /'~fl a n ~ ~ Uh V ~~ ~ G O ~d~ ~ i ~ ~ ~~aF ~ ~ ~x~~a 'a'E^sI`HY ~"~n ~fl y~W1 R~ ~ pACR s°~~ J m ~ N ~~ S~+~ ~ ~ ~ g~i ~ ` ~S 9 O i ~ ~ ~ ~ ~ 6 d O ~ N ~ N 3 ~ g ~ g ~ s ' i~~ ~„ ~ e l~ll a • 3~ I E' i 6' ~` r" i 5 ^ €t ~~~I o 6 pBP ~ 1~ ~ i s t, k • p f . B, ~ iE! ~ ..~ x~r's i~ M~ ~ j~ ~ F ~~~ ~ ~~ •~ ~ a = ~~ ^ ~ f • o Fr ,€ 1~+~ o ~ e~ ~ m ;._. ~ ~ g ~ i ~ ~ x p ~ I e YE ~ ~~fR ~ a '~' ~~~ • ~ ~ ~~, j~ o ~~i ~ ~ „a s . i~ ~~~ ~' i ~~ i ! ~~, a~ I E ~~ ~- ~ q ~ ' ~ ~= IEl~ ~ ~ ~_:T , ~~~ i lt~' MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Daivd T. Harden, City Manager DATE: March 26, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 SPONSORSHIP REQUEST/S.D. SPADY CULTURAL HERITAGE MUSEUM ANNUAL GALA ITEM BEFORE COMMISSION City Commission is requested to consider hosting a table for the Annual Gala, Dancing with the Stars "Spady Style", to be held on April 19, 2008 in the amount of $1,250. BACKGROUND Attached is a letter received from Daisy Fulton, Executive Director, requesting the City to consider a table sponsorship for the S.D. Spady Cultural Heritage Museum Annual Gala being held on April 19, 2008 at the Delray Beach Marriott. City Commission did sponsor a table for $1,000 in 2006. FUNDING SOURCE There are no additional funds available in the Commission budget. However, funds could be transferred from the City Manager's Contingency Fund, #001-6111-519-99.03. RECOMMENDATION Staff recommends consideration of hosting a table in the amount of $1,250 for the Annual Gala, Dancing with the Stars "Spady Style", being held on April 19, 2008. The Spady Cultural Heritage Museum, Honorary Chairs, Perry andTroy Brown, and the EPOCH Board of Directors cordially invite you to: _~ (~/[CCId('f11~ l,Lsf,~1C-~ f1Gf' "~ ~P,G%' C>~ (~ An evening ofDinner, Dandng, and Live En[er[ainment Saturday, April 19, 2008 b:30 p.m. -Reception £~ Silent Auction 7:30 p.m. -Dinner & Dancing Delray Beach Marriott 10 N. Ocean Blvd. Delray Beach, FL 33483 Attire: BlackTie One Complimentary Drink &Valet Parking Seating is $1,250 for a table of ten or $125 for an individual R.S.V.P by April 4, 2008 9Ka.~ter o~Ceremona~s ~~~FO+GJf ~8 ~fonor~es Tania Rogers, WPTV News Channel 5 Mr. C. Ron Allen William Nix, Palm Beach Cultural Council Mr. Jay Felner Featured aEntert~titxvnent The Ruby Baker Band Melendrez Dance Studio The Urban Steppers Group Mrs. Nadine Hart Mrs. Jounice Hill Mr. Jeff Perlman ~~ Committee Co-~hau~ Jennifer Costello Joycelyn Patrick Gladys Whigham Rev. William "Chip° Stokes MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: March 25, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 APPOINTMENT TO THE BOARD OF AD,TUSTMENT ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Board of Adjustment. BACKGROUND At the direction of the City Commission, by virtue of Ordinance No. 47-07, the Board of Construction Appeals and the Board of Adjustment have been combined. The Board of Construction Appeals was disbanded and their duties added to the Board of Adjustment. At the City Commission meeting of March 3, 2008, Mr. Jess Sowards was appointed as a regular member. This creates a vacancy for an alternate member to serve an unexpired term ending August 31, 2009. The Board of Adjustment consists of five (5) regular members. In addition, there are two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. The following individuals have submitted applications and would like to be considered for appointment: James Houck (was a regular member on the Board of Construction Appeals) Patricia Neyra (was a regular member on the Board of Construction Appeals) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4) for one (1) alternate member to serve an unexpired term ending August 31, 2009. RECOMMENDATION Recommend appointment of one (1) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. 03/08 BOARD OF ADJUSTMENT TERM EXPIRES REGULAR MEMBERS OCCUPATION 08 /31 /2009 Sigurdur Hardester Manager Appt 10/05/04 tmexp alt Re-appt 08/16/05 alt Re-appt 02/06/07 tmeap reg Re-a t 03/03/08 08 /31 /2008 Mel Pollack, Qiair Director-Security Alt Appt 08/19/03 Reg appt 01 /06/04 Unexp Reappt 08/03/04 Reappt 08/15/06 08 /31 /2008 Clifton NTiller Retired G eneral Unexp Appt 10/05/04 alt Contractor Unexp Appt 04/05/05 reg Reappt 08/31/06 08 /31 /2008 Harvey Stariry Vice Qiair Realtor Alt appt 01/13/04 RegAppt 08/03/04 Reappt 08/31/06 08 /31 /2009 Jess Sowards Architect Unexp Appt 05/01/07 alt R-eappt 02/19/08 alt t 03/03/08 re ALTERNATES 08 /31 /2009 Semard Federgreen Director of Operations Unexp Appt 02/20/07 R-eappt02/19/08 08 /31 /2009 Unexp Appt Vacant Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Brian Shutt & Donna Quinlan Fax final Board Order to Chair Person for signature Copy of approved minutes to Donna Quinlan & Al Berg. S/City Clerk/Board 08/Board of Adjustment MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: March 21, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 ORDINANCE 13-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION Temporary Sponsorship Sign Ordinance No. 13-08. BACKGROUND This temporary sponsorship sign ordinance is proposed in order to help effectuate the merger of two little leagues by allowing sponsorship signs to be placed on the inside of the outfield during season in order to assist with funding of the new joint Little League, yet the ordinance is restrictive as to location and duration in order to prevent wholesale sign clutter in the City. At first reading, first public hearing, there were two (2) ordinances proposed and the City Commission voted to go forward with the alternate version, which addressed concerns of the Planning and Zoning Board by extending the time that the signs could be up to match the Little League season. The "alternate" version of Ordinance 13-08 is before you now for second reading, second public hearing. RECOMMENDATION City Commission discretion. 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: Mark McDonnell, AICP, Assistant Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 26, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 ORDINANCE N0.20-08 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations pertaining to Assisted Living Facilities, Continuing Care Facilities and Nursing Homes. BACKGROUND The ordinance essentially removes the current term Adult Congregate Livin Fa~cil~'ty, replaces it with the term Assisted Livin Fa~cil~'ty, and amends the definition of the term Continuing Care Facility, all to comport with state statues. The ordinance also eliminates the terms Convalescent Homes, Homes for the Armed, and Rest Homes (since those terms are now obsolete) and includes them all within the single term Nursing Homes. To achieve compliance with Federal Fair Housing Law, Assisted Living Facilities and Continuing Facilities are added as permitted uses in zoning districts that currently allow medium density residential as permitted uses. They are also added as conditional uses in zoning districts that allow medium density residential as a conditional use. New definitions of Assisted Livin Fa~cilr'ty and Nursing are included in the ordinance, and the existing definition for Continuing Care Facility is updated. The terms Adult Congregate Livin Fa~c~'ty and Convalescent Homes, Homes for the Aged, Nursing Home, or Rest Homes are repealed, all to comport with state definitions. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on March 17, 2008. No one from the public spoke on the issue. The Board unanimously recommended approval on a 5 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. 20-08 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, 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. Attachments: Ordinance No. 20-08, Planning and Zoning Staff Report of March 17, 2008 ORDINANCE N0.20-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS SY REPEALING SECTIONS 4.3.3(C), "ADULT CONGREGATE LIVING FACILITY" AND 4.3.3(G), "CONTINUING CARE FACILITIES", AND AMENDING SECTION 4.3.3(H), "CONVALESCENT HOMES, HOMES FOR THE AGED, NURSING HOMES, REST HOMES", IN ORDER TO PROVIDE FOR UPDATED REGULATIONS REGARDING SAME; AMENDING SECTIONS 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", 4.4.13, "CENTRAL BUSINESS DISTRICT (CSD), 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", 4.4.28, "CENTRAL BUSINESS DISTRICT -RAILROAD CORRIDOR (CSD-RC)", AND 4.4.29, "MIXED RESIDENTIAL OFFICE AND COMMERCIAL (Ni(ZOC) DISTRICT", IN ORDER TO ALLOW ASSISTED LIVING AND CONTINUING CARE FACILITIES AS PERMITTED USES IN THESE ZONING DISTRICTS; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", IN ORDER TO ALLOW ASSISTED LIVING AND CONTINUING CARE FACILITIES AS CONDITIONAL USES IN THIS ZONING DISTRICT; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", TO REMOVE ASSISTED CONGREGATE LIVING AND CONTINUING CARE FACILITIES FROM THE LIST OF CONDITIONAL USES IN THIS ZONING DISTRICT; AMENDING APPENDIX "A" TO REPEAL THE DEFINITIONS OF "ADULT CONGREGATE LIVING FACILITY" AND "CONVALESCENT HOMES, HOMES FOR THE AGED, NURSING HOMES, OR REST HOMES" AND ENACTING A DEFINITION OF "ASSISTED LIVING FACILITY" AND "NURSING HOME" AND PROVIDING AN UPDATED DEFINITION OF "CONTINUING CARE FACILITY"; 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 March 17, 2008 and voted 5 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 detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and 1 ORD. N0.20-08 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 desires to update the Land Development Regulations in order to make them consistent with Florida State law, Chapters 429, "Assisted Care Communities" and 651, "Continuing Care Contracts", Fla. Stat., as maybe amended from time to time. NOW, THEREFORE, SE IT ORDAINED SY THE CITY CONIlVIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Sections 4.3.3(C), "Adult Congregate Living Facility', and 4.3.3(G), "Continuing Care Facilities", shall be repealed in their entirety. 0 .,,,,.. ~~, ,,. ,.,,,,; a,,,.,~„ 2 ORD. N0.20-08 ~?~des~gr~ €ea#~es~~aee~e-sei ~vzeess~iek t7b~ i i t~I~e~~~e~~~~eo: nr-r ~i~~'~ea~ed'„ „ ~;a,,,-,t~~~ ~~~~eet~e ORD. N0.20-08 ~. j~ ,.,,. n ,.F 1 not ,.F +t,,, i `,,.,~.,i i~~ ~ ~ e ~ M~ T ~1 TT..,.• Tl-.., FI.. ~ r ~+ '~ ~ i~~~ ~~ ~~ - l- ~ ~ ,c m EEC c ac S C C a ¢ r r 0 ORD. N0.20-08 e~he-~e~e~ ~~ {5 ti e Section 2. That Section 4.3.3(H), "Convalescent Homes, Homes for the Aged Nursing Homes, Rest Homes", shall herebybe amended to read as follow: (H) ,Nursing Homes, n,.,.~ u~.-,..,.,.. (1) Lot Area: The minimum lot area for such uses shall be one acre. (2) Frontage: The minimum frontage of the parcel upon which such a use is to be located is 100 feet. (3) Locational Factors: ORD. N0.20-08 (a) Such uses shall not be located on any arterial street. (b) Should the facility require ambulance service, such access shall be from a collector street and shall be provided in such a manner to minimi~~ adverse effects on adjacent property. (c) The environment created should be of a pronounced residential nature and shall be designed to minimise any adverse condition which might detract from the primary convalescent purpose of the facility. Section 3. That Section 4.4.6, "Medium Density Residential (RM) District", Subsections (S), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allov\ed", shall be amended to read as follow: (S) Principal Uses and Structures Permitted: The following types of use are allov\ed within the (RM) District as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with helve (12) or fewer residents. (5) Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan (7) Pocket parks. (8) Public educational facilities of The School District of Palm Seach County, pursuant to the regulations set forth in Section 4.3.3 (HIS. (9) Assisted Living Facilities and Continuing Care Facilities. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District: 6 ORD. N0.20-08 {~~ Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). {~~ Child care and adult day care. {4~~ Private educational facilities subject to the restrictions set forth in Section 4.3.3(HI~. {~~ Churches, or places of warship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses maybe established by a separate conditional use application for child care or rezoning to CF, as appropriate. {~~ ~~r=,~'c~~,,,.,,- i,~,,,,,,, i,~,,,~~ ~~,. ,-i,c .,,,.-,a Nursing home ra ,.,,,,,- i,~,,,,,,, w~., _ .,_a~,.y , " {~~ The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. {$)~ Single family detached residences in zero lot developments. {~~ Yacht club with facilities. {~}~ Dock master facilities when associated with a multi family development which has a marina. {~} 10 Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road A1A, or (b) south of Casurina Road, north of Sucida road, and east of State Road A1A. {~} 11 Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. {~} 12 Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Carver E states Overlay District as defined in Section 4.5.11 and up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7. 7 ORD. N0.20-08 Section 4. That Section 4.4.9, "General Commercial (GC) District", Subsections (D), "Conditional Uses and Structures Allowed" and (G), "Supplemental District Regulations", (2), "Four Corners Overlay District", shall be amended to read as follow: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CSD District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(1) and except as modified in the Four Corners Overlay District by Section 4.4.9(G)(2)(c). (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusement game facilities. (3) Wash establishments or facilities for vehicles. (4) Child Care and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area (6) Drive-in Theaters. (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline Stations or the dispersing of gasoline directly into vehicles. (10) Hotels and Motels. (11) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (12) Recreational establishments such as bowling alleys, gyrruiasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (14) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical irk or outside storage of vehicles except as a part of a gasoline station 8 ORD. N0.20-08 (15) Veterinary Clinics. (16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (17) Adult Gaming Centers. (18) Churches or places of warship, and their attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care. (19) Multiple family residential development may exceed helve (12) units per acre, up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback and height requirements, which shall be pursuant to this Section. (20) Assisted Living Facilities and Continuing Care Facilities subiect to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District: (2) Four Corners Overlay District: The following supplemental district regulations apply to the Four Corners Overlay District, as defined in Section 4.5.13. (a) The permitted uses shall be those uses listed in Sections 4.4.9(5)(1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed in Sections (D)(1,3,4,10,12,15 20). (d) Standards Pertaining to Allocation of Uses: 1. Office uses can encompass up to one hundred percent (100%) of the total building square footage within a Four Corners Overlay master development plan. 2. Retail uses shall not encompass more than one hundred percent (100%) of the total building area square footage of the Four Corners Overlay master development plan. 9 ORD. N0.20-08 3. Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footage of the Four Corners Overlay master development plan. Notwithstanding the above, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple buildings. 4. Multi-family Dwelling Units: Multi family uses excluding duplexes subject to a, b, c, d, and e below, ranging in density not to exceed 30 units per acre subject to the following. a Residential units may comprise 75% of the total floor area of the development master plan at a maximum density of (30) units per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. b. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce c. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. d For mixed use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed e. All residential developments shall be subject to the Performance Standards of 4.4.13(1)(2) (e) Standards Unique to the Four Corners Overlay District: Where standards unique to the Four Corners Overlay District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection shall apply. 1. Lot Coverage & Open Space: a Land area equal to at least 25% of the individual Four Corners Overlay District Master Development Plan (1V1DP) including the perimeter landscaped bounclaiy, 10 ORD. N0.20-08 shall be in open space. Landscape areas required to meet internal parking lot design requirements, water bodies and paved areas shall not be included in the meeting of this 25% open space requirement. 2. Minimum Structure Size: Any free-standing non residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other portions of the Four Corners Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of twelve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8' 6") floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. Section 5. That Section 4.4.13, "Central Business District (CSD)", Subsections (S), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allowed", shall be amended to read as follow: (S) Principal Uses and Structures Permitted: The following types of use are allowed within the CSD District as a permitted use: (1) General retail uses including, but not limited to: * ~ Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, foocl, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice creamy lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. 11 ORD. N0.20-08 (2) Business and professional uses pursuant to restrictions set forth in Section 4.4.13(H)(1) including, but not limited to: * ~ Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional offices. (3) Services and facilities including, but not lirrdted to: * ~ Auctions, barber and beauty shops and salons, caterers, dry cleaning lirrdted to on site processing for customer pickup only, dry cleaning and laundry pickup stations, laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-througl-y outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gynmastics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not lirrdted to bicycles, skates, boogie boards). * ~b Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (4) Multi family dwelling twits, excluding duplexes, up to a maximum density of thirty (30) traits per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling twits per acre. (5) Hotels, motels, bed and breakfast inns, and residential type inns except in the West Atlantic Neighborhood (6) Assisted Living Facilities and Continuing Care Facilities. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CSD District: {~~ Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). {~~ Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. 12 ORD. N0.20-08 {~4)~ Child care and adult day care. {~~ Financial institutions, e.g., banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). {~~ Funeral homes including accessory uses, such as, a chapel, crematory, and the like. {~~ Gasoline stations or the dispersing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Seach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4~ Street. {$)~ Recreational establishments such as bowling alleys, gynmasiums, health spas, miniature golf courses, skating rinks. {~~ Veterinary clinics. {~}~ Movie theaters, excluding drive-ins. {~} 10 Playhouses, dinner theaters, and places of assembly for commercial entertainmealt purposes (e.g, concerts, live performances). 1 1 Flea markets, bazaars, merchandise marts, and similar retail uses. {~} 12 Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on properly with a minimum lot area of 20,000 sq.ft. X14} 13 Multi family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and lirrdtations of Section 4.4.13(I). {~} 14 Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). {~} 15 Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). {~} 16 Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood 13 ORD. N0.20-08 {~} 17 Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood {~} 18 Free standing or mixed use residential development at a density greater than twelve (12) units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and lirrdtations of Section 4.4.13(I). Section 6. That Section 4.4.21, "Community Facilities (CF) District", Subsections (S), "Principal Uses and Structures Allowed" and (D), "Conditional Uses and Structures Allowed", shall be amended to read as follow: (S) Principal Uses and Structures Allowed: The following types of use are allowed within the CF District as a permitted use: (1) Govemmerltal, such as: civic centers, courts, courthouses, temporary holding facilities, fire stations, govemmerltal offices, public health facilities, law enforcement offices and facilities, post offices, public utility facilities (e.g lift stations), water storage tanks, water treatment plants, water wells, wastewater treatment plants, drainage facilities. (2) Community, such as: civic centers, community centers, community theater, cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and garages. (3) Recreation, such as: community centers, tennis centers, swimming centers. (4) Services, such as: abused spouse residences, child care centers, day care centers. (5) Religious, such as: churches and places of ~rship with attendant uses of day care, pre-school, educational facilities, and with other normal educational (Sunday school) and recreational facilities, and support facilities (e.g., parsonage). (6) Restricted usage allowed pursuant to an ordinance enacted to several developments rights under a Transfer of Developments (TDR). (See Section 4.6.20). (7) Public educational facilities of The School District of Palm Seach County, pursuant to the regulations set forth in Section 4.3.3 (HIS. (8) Clubs and Lodges provided that alcoholic beverages shall not be served or consumed on the property. (9) Assisted Living Facilities and Continuing Care Facilities. 14 ORD. N0.20-08 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CF District: (1) Health Care, such as: ; nursing homes; residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D); hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental health treatment facilities including residential care. (2) Private educational facilities pursuant to the regulations set forth in Section 4.3.3 (HHH), and vocational schools except for training or programs which can be conducted in multipurpose buildings or offices (e.g a dance school, real estate school, etc.) which may be located in various commercial districts, pursuant to the regulations set forth in Section 4.3.3 (HHH). (3) Services, such as: Community Residential Homes and Group Homes, Type 2, pursuant to restrictions set forth in Section 4.3.3(I), Senior Housing as set forth in Section 4.3.3 (II). (4) Transportation, such as: bus stations, railway stations, taxi dispatch (more than one taxi), and park and ride areas. (5) Special Services and Facilities, such as: privately operated parking lots and garages; stadiums and arenas; refuse transfer stations; resource recovery facilities, pursuant to provisions of Section 4.3.3(Z); and power transfer stations. Section 7. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsections (S), "Principal Uses and Structures" and (D), "Conditional Uses and Structures Allowed", shall be amended to read as follow: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (2) Ee~eg~e-~;i~~~ina Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, ,and Nursing Homes. (3) Parking lots not associated with a use. 15 ORD. N0.20-08 (4) Residential type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). Section 8. That Section 4.4.28, "Central Business District-Railroad Comdor (CSD-RC)", Subsection (S), "Principal Uses and Structures Pertrdtted", shall be amended to read as follow: (S) Principal Uses and Structures Permitted: The following types of uses are allowed within the CSD-RC District as permitted uses: (1) All uses allowed as such within the CSD District [Section 4.4.13(5) (1) through (5)~• (2) Fabrication and/or Assembly: The working or combining of processed or manufactured materials or parts for distnbution or sale, such as sheet metal, sign shops, glass shops, and cabinet malting. (3) Wholesaling, Storage and Distribution: The wholesaling, storage and distribution of products and materials, other than self-storage facilities, provided that such products and materials shall not exceed 55 gallons of any substance which is listed on the Generic Substances List of the Palm Beach County Wellfield Protection Ordinance (Reference Palm Beach County Land Development Code, Article 9, Section 9.3). (4) Contractor and Trade Services: Uses which are primarily engaged in providing an off-site service but which maintain inventory, equipment and a business office at a central location, such as general contractor, electrician, painter, plumber, file contractor, air conditioning specialists. (5) Automobile brokerage, including vehicle display within an enclosed structure. (6) Assisted Living Facilities and Continuing Care Facilities. Section 9. That Section 4.4.29, "Mixed Residential, Office and Commercial (Ni(ZOC) District", Subsection (S), "Principal Uses and Structures Pertrdtted", shall be amended to read as follow: (S) Principal Uses and Structures Permitted: The following types of uses are allowed within the MROC district as permitted uses: (1) Office Center: The "Office Center" uses within an MROC development may comprise as much as one hundred percent (100%) of the total building square footage within the development. These uses can include: 16 ORD. N0.20-08 • ~ Financial Institutions, e.g, banks, savings and loan establishments, brokerage firnis. • b~Medical Offices, e.g, physicians, dentists, chiropractors, podiatrists, optometrists, etc. • ~ Professional Offices, e.g., attorneys, engineering firnis, architectural • ~Govemmealtal offices, e.g., including federal, state, county, and local offices, along with their related fleet and communications operations (which will be considered accessory uses to govemmealtal offices and services), civic centers, courthouses, fire stations, public health facility, law enforcement offices and facilities, post office, public utility facilities, communication tov\ers and community facilities such as civic centers, cultural facilities, libraries, auditoriums, museums, and public recreation facilities, and services such as day care centers, abuse, child care centers. • ~ Business Support Services, primarily engaged in rendering services to other building establishments, e.g., such as mailing, building maintenance, personnel and employment services, management, and consulting services, protective services, copy and printing, travel, office supply, and similar services. (2) Research and Development: Research and Development (R&D) uses involve either some degree of product creation, testing, evaluation, and development or the provision of testing and evaluation services for use by others. R&D uses may constitute 100% of the total building square footage within the development. Examples of such uses or resulting products include: Product Creation, Testing, Evaluation, and Development: • 1. computer hardware • 2. computer software • 3. pharn~aceuticals (b~ Research and Development Services: • 1. calibration laboratories or services • 2. chemical laboratories • 3. commercial testing laboratories • 4. soil laboratories 17 ORD. N0.20-08 • 5. scientific research laboratories (3) General Retail Uses: Retail uses not to exceed 20% of the total building square footage of the development, including, but not lirrdted to: ~ Restaurants, baked goods, books, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, medicines and prescriptions, flowers and plants, fruits and vegetables, food gifts, gias~5ware, ice cream, leather goods, luggage, medical and surgical equipment, music and musical instrumealts, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. ~b Sarber and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry cleaning and laundry pickup stations, outdoor cafes, tailoring, tobacconist. ~ Galleries, butcher shops, cocktail lounges, exercise facilities, museums, libraries, newsstands, commercial or public parking lots and parking garages. (4) Multi-family Dwelling Units: Multi familyuses excluding duplexes subject to (c)(1)(2)(3) and (4) below, ranging in density between 40 and 50 units per acre subject to the following; • ~ Residential units within 1,000 linear feet of the Tri Rail Transit station (measured by airline route) may comprise 100% of the total floor area of the development master plan at a maximum density of (50) units per acre. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel. ~b Residential units between 1,001 and 2,500 linear feet of the Tri Rail Transit station (measured by airline route) may comprise 80% of the total floor area of the development master plan at a maximum density of (50) units per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. If a portion of the parcel is within 2,5001inear feet, this regulation shall apply to the entire parcel. • ~ Residential units at a distance (measured by airline route) greater than 2500 feet of a transit station may comprise 75% of the total floor area of the development master plan at a maximum density of (40) units per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. 18 ORD. N0.20-08 {~ 1. Residential developments must include a minimum of 20% workforce units consisting of moderate income ~rkforce units as defined by Article 4.7 Family/Workforce Housing {~ 2. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. Notwithstanding the above, residentially developed sites within 1,000 linear feet (measured by airline route) of the Tri-Rail station can contain 100% workforce housing units. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel. {~} 3. For mixed use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed {~} 4. All residential developments shall be subject to the Performance Standards of 4.4.13(I)(2) (5) Hotel, Motel and Residential All Suite Lodging: These types of uses may comprise up to 20% of the total floor area of the overall master plan. For the purpose of calculating the percentages of uses within the development master plary multiple hotels, motels, and residential all suite lodging uses will be considered one specific use category. (6) Assisted Living Facilities and Continuing Care Facilities subiect to the requirements set forth in Section 4.4.29(S,Z(4) a, b, and c above. Section 10. That Appendix "A", "Definitions", shall be amended to read as follow: 19 ORD. N0.20-08 ASSISTED LIVING FACILITY Any building or buildings, section of building, or distinct part of a meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administration "Personal services" means direct physical assistance with or supervision of the activities of dail~vulg and the self-administration of medication and other similar services which the Departrr~ent of Elderly Affairs may define by rule. "Personal services" shall not be construed to mean the provision of medical, nursing dental or mental health services CONTINUING CARE FACILITY A facility which furnishes shelter and either nursing care or personal services, pursuant to an agreement, whether such nursing care or personal services are vrovided in the facility or in another setting designated by the contract for continuir~ care to an individual not related by coi~sanguinity or affini , to the provider furnishing such care, upon pa, rte of an entrance fee. Other personal services provided shall be designated in the continuing care contract. Contracts to provide continuing care include agreements to provide care for any duration, including contracts that are terminable by either party "Personal services" means direct ph, assistance with or supervision of the activities of dail~ving and the self-administration of medication d t t~~ti e uea e es; ~~ , ~~ ~~ ~d~ke~l~ Cnxn~nT ~c~xrr unr~ uo T~T OT~i G~r ~ xrrrr~cTxr~ unr~ OI~T un~~ ~ z ~ 20 ORD. N0.20-08 NURSING HOME Any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide for a period exceeding 24-hour nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include an p~ lace providing care and treatment prirnarily for the acutely ill. A facili , offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularlyprovides such services. Section 11. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 13. 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 MAYOR City Clerk First Reading Second Reading 21 ORD. N0.20-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 21, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 ORDINANCE NO. 15-08 ITEM BEFORE COMMISSION This ordinance is before Commission amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the Code of Ordinances by amending Section 33.62, "Benefit Amounts and Eligibility" to set maximum benefits as required by Section 415 of the Internal Revenue Code. BACKGROUND At the first reading on March 18, 2008, the Commission passed Ordinance No. 15-08. RECOMMENDATION Recommend approval of Ordinance No. 15-08 on second and final reading. 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, BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY"; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTNE 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. (~ 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 applicable limitations under Section 415 of the Internal Revenue Code and the regulations 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 aggre,~ated with this system under Code section 415(f), the benefit under this system 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 by the Commissioner of the Internal Revenue Service for that calendar ,year, adjusted for the member's ale in accordance with the applicable IRS regulations, shall become effective as the maximum permissible dollar amount of benefit payable under the system during the limitation year ending within that calendar ,. 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.B. -REGULAR COMMISSION MEETING OF MARCH 18, 2008 ORDINANCE 15-08 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. Firefighters Retirement Plan to comply with recent IRS Internal Revenue Code. Section 415 establishes maxim retirement plans. The regulations were published in 2007. 15-08 which amends the Police Officers and regulations implementing Section 415 of the zm limits on benefits provided by qualified 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. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 21, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 ORDINANCE NO. 16-08 -SECOND READING ITEM BEFORE COMMISSION This ordinance is before Commission amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment". BACKGROUND At the first reading on March 18, 2008, the Commission passed Ordinance No. 16-08. RECOMMENDATION Recommend approval of Ordinance No. 16-08 on second and final reading. 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 ll, 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. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 21, 2008 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 ORDINANCE NO. 18-08 ITEM BEFORE COMMISSION This ordinance is before Commission 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 Retirement Option Plan", to provide for payment of DROP benefits in monthly installments at the member's election. BACKGROUND At the first reading on March 18, 2008, the Commission passed Ordinance No. 18-08. RECOMMENDATION Recommend approval of Ordinance No. 18-08 on second and final reading. 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, 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; A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTNE 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 desi,~nation, 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 Chiefs 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 day of ATTEST: 2008. MAYOR City Clerk First Reading Second Reading MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: March ll, 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. MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 26, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF APRIL 1, 2008 ORDINANCE N0.22-08 ITEM BEFORE COMMISSION Consideration of a privately sponsored rezoning from GC (General Commercial) to AC (Automotive Commercial) fora 6.28 acre parcel located on the east side of Federal Highway. (AKA The Ralph Buick Dealership). BACKGROUND The 6.28 acre property is the former location of the Ralph Buick auto dealership which occupied the site from 1972 to 2005. In 2005, a rezoning request was submitted by New Century Development Group for rezoning the property from AC (Automotive Commercial) to GC (General Commercial). The purpose of the rezoning was to allow for a mixed-use development consisting of 13,781 square feet of retail floor area, 13,900 square feet of office floor area, 16 condominium dwelling units, and 59 townhouse dwelling units. On January 3, 2006, the City Commission approved the rezoning of the property from AC to GC. A conditional use for the stand-alone town house component of the project was also approved by the City Commission at its Apri14, 2006 meeting. Due to changes in the market the Royal Palm Club project will not be developed and the applicant has requested that the property be rezoned back to its original zoning of AC, so that a Maroone Chrysler car dealership can be operated at the subject property. At its meeting of November 20, 2006, the Planning and Zoning Board held a public hearing on the AC rezoning request. There were two people from the public that spoke in support of the rezoning. After reviewing the staff report and discussing the proposal, the Board voted 4-0 (Mr. Gary Eliopoulos, Mr. Chuck Halberg, and Mr. Nelson McDuffie absent), to recommend approval of the rezoning request to the City Commission, 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 the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. On December 5, 2006, the City Commission approved, on first reading, the rezoning of the property from GC to AC. The ordinance was postponed at the March 5, 2007 Commission meeting at the request of the applicant and was never adopted. Given the length of time since the first reading, a new ordinance has been prepared and the item rescheduled for first reading at this time. RECOMMENDATION Approve on first reading Ordinance 22-08 for a rezoning from GC to AC, 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 the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations, with second reading to occur on April 15, 2008. ORDINANCE N0.22-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GENERAL COMMERCIAL (GC) DISTRICT TO AUTOMOTIVE COMMERCIAL (AC) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY (CT.S. HIGHWAY NO. 1) AND FLADELL'S WAY (AVENUE "F"), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, "APRIL 2007" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated Apri12007, as being zoned General Commercial {GC) District; and WHEREAS, at its meeting of November 20, 2006, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, this ordinance was initially brought forward as Ordinance No. 79-06, however, it was postponed by the Commission at its March 5, 2007 Commission meeting at the request of the applicant and was never adopted; and WHEREAS, pursuant to Florida Statutes 163.3174(~l)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan;. 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 Ends the ordinance is consistent-with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, 6e amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2_ That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of Automotive Commercial (AC) District for the following described property: Lots 12 through 22, inclusive, less the West 38 feet thereof, Block 22; Lots 23 through 33, inclusive, Block 22; all of Block 23, less the West 38 feet thereof; Lots 1 through 10 inclusive, and Lots S7 through 66, inclusive, Block 35; and Lots 12 through 33, inclusive, Block 36, all lying in Del-Raton Park, according to the plat thereof as recorded in Plat Book 14, Page 9, Public Records of Paim Beach County, Florida. Together With That portion of Frederick Boulevard lying adjacent to and East of the East line of Lots 11 through 20, Block 23, and Lots 23 through 33, Block 22, and adjacent to and west of the west line of Lots 1 through 10, Block 35, and Lots 12 through 22, Block 36, of "Del-Ratan Park", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida. Together With That part of the right-of way of Avenue "E", according to the Plat of "Del-Ratan Park" recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida, said part being bounded as follows: On the west by the present easterly right-of=way of US Highway No.l (S.R. 5); on the East by the westerly right-of--way line of Florida Boulevard; as shown on said plat; on the North by Blocks 22 and 36 of said plat by a portion of the abandoned right-of--way of Frederick Boulevard; on the south by Blocks 23 and 35 of said plat and by a portion of the abandonedright-of-way of Frederick Boulevard. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the -City of Delray Beach, Florida, to conform with the provisions ofSection 2 hereof: Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whale or part thereof other than the z oxn No. zz-os part declared to be invalid. Section 6. 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 , 200 ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD N0.22-08 PLANNING AND ZONING BOARD CITY 4F DELRAY BEACH =--STAFF REPORT--- MEETING DATE: November 20, 2006 AGENDA ITEM: V.B. ITEM: Rezoning from GC (General Commercial} to AC (Automotive Commercial) for a 6.28 acre Parcel of Land Located on the northeast corner of 5auth Federal Highway and Fladell's-Way, formerly Ralph Buick Dealership. GENERAL DATA: Owner ..................................... Agent ...:.................................. Applicant ................................. Location .................................. Property Size .................:........ Land Use Map Designation-.... Existing City Zoning ................ Proposed City Zoning ............. Adjacent Zoning............North: East: South: West: Existing Land Use ............:..... Proposed Land Use ................ Water Service ......................... Sewer Service ........................ Zoberman, LLC Weiner & Aronson, P:A. Zoberman, LLC Northeast corner of South Federal Highway and Fladell's Way fi.28 Acres General Commercial GC (General Commercial) AC (Automotive Commercial) PC {Planned Commercial) RM (Medium Density Residential) SAD (Special Activities District) AC {Automotive Commercial} Vacant buildings Rezoning of the parcel from GC to AC Available via connection to an existing ~ 6" and 10" water main within Florida Boulevard, Available via connection to an existing 8" sewer main within Florida Boulevard. i __._~. !TE_M B.E~ORE TH,~E-BOARD The action before the Board is making a recommendation to the City Commission on a privately-initiated rezoning from GC (General Commercial} #o AC (Automotive Commercial}, pursuant to LDR Section 2.4.5(D). The subject property is located on the east side of Federal Highway and the west side of Florida Boulevard at 1020 South Federa! Highway and contains 6.28 acres. Pursuant to Section 2.2.2(E)(6} of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. ~= The 6.2$ acre property is the farmer location of Ralph Buick auto dealership which occupied the site since October 1, 1972, in four separate buildings. In October 2005 a rezoning request was submitted by New Century Development Group. At its November 11, 2005 meeting, the Planning and Zoning Board recommended approval of rezoning of the property from AC (Automotive. Commercial) to GC (General Commercial}. On January 3, 2006, the City Commission approved the rezoning of the property from AC to GC. The approval of the rezoning was to allow for the establishment of a mixed-use development, which was to be known as Royal Palm Club that consisted of 13,781 square feet of retail floor area, 13,900 square feet of office floor area, 16 condominium dwelling units, and 59 townhouse dwelling units. The commercial component of the development faced Federal Highway and the townhome uses faced Florida Boulevard adjacent #o the residential uses east (rear) of the property. The stand-alone townhome component is a conditional use within the GC district, and was approved by the City Commission at its April 4, 2005 meeting. At its April 24, 2005 meeting, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan to establish the Royal Palm Club project. _ _ ~:. - ~~:Q' J E 'C~~LI.;:$-C_ R I P T I O N The proposed development by New Century Development Group is no longer being considered and the owner of the property is seeking to reestablish the automotive dealership use. As auto dealerships are not allowed use under the GC zoning designation, a rezoning to AC is being requested. -- - z 01--TI N.C A N'~# L Y S,I S ._: ~:- REQUIRED FINDINGS: (Chapter 3) Pursuant to 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 fihrough information on the application,. 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. P & ~ Staff Report - November 20, 2006 Meeting Ralph Buick Rezoning _ GC fa AC Page 2 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 {PLUM} designation of GC (General Commercial) and is currently zoned GC (General Commercial). The proposed AC zoning designation (Automotive Commercial} is consistent with the GC Future Land Use Map designation, and the AC zoning category allows automotive related uses. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. Concurrencv: 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 andlar development application will not exceed the ability of the City 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. The proposal involves amending the zoning designation from GC to AC. The current zoning of GC allows a great variety of uses; however none of these uses have been established. The last use for the property was the Ralph Buick dealership, which has occupied the site within the last five years. For concurrency purposes, an analysis of the last use and the proposed use under AC would represent similar intensities. When directly comparing the approved use or other uses allowed under the GC versus those allowed under the AC, a net reduction in intensity is likely. Thus, concurrency standards will not be negatively impacted. Concurrency fndings with respect to Water and Sewer, and Traffic are further discussed below: Water & Sewer: Water and sewer service is currently available to the subject property. The Delray- Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. An existing 16" water main exists along Federal Highway and a 10" water main along Florida Boulevard. An 8" sewer main is also available along Florida Boulevard. Based upon the above, positive findings can be made with respect to this level of service standard. Traffic: The last use for the property was Ralph Buick dealership, which occupied the site within the last five years. For traffic concurrency purposes, the last use, if active within the last five years, is the vested development potential for the site. The reestablishment of the dealership use at its original intensity would result in no concurrency issues. If redevelopment of the dealership at a greater intensity is proposed, a traffic study would be required with the related site plan submittal. Consistency: 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. Section 3.2.2 {Standards for Rezoning Actions): Standards A and B are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. P & Z Staff Report -November 20, 2006 Meeting Ralph Buick Rezoning - GC to AC Page 3 (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning Designation: Use: North: Planned Commercial (PC} and Medium Shopping Plaza and Residential Density Residential (RM) South: Special Activities District {SAD} and Medium Commercial and Single and Multi- Density Residential (RM) Family Developments Easf: Medium Density Residential (RM} Multi-Family Developments West: Automotive Commercial (AC} Automobile Dealerships The proposal will rezone 6.28 acres from GC to AC. Since the FLUM designation far the proposed rezoning property and the surrounding areas to the west, north, and south is GC, there are no compatibility issues. However to the east (rear), the property is adjacent to residential uses. The reestablishment of the automotive dealership creates some concerns with respect to compatible with the residential use, specifically as it relates to noise. Within the AC zoning district auto repair is allowed as an accessory use with an automotive dealership use. The repair shop element of an auto dealership would produce noises which could adversely impact the residential area. Many dealerships also have outside public announcement systems for paging purposes. As it relates to the Ralph Buick facility, the public announcement mechanism was previously removed at the request of the abutting residential community to alleviate to noise impact. With the reestablishment of the use, these issues must be reviewed and steps taken to minimize any adverse impact. The AC designation will allow the reestablishment of this use which has occupied the site for many years and with sensitive site planning should not adversely affect the surrounding properties that consist of other commercial uses to the north, south, west and primarily multiple family developments to the east. Based upon the above, positive findings with regard to LDR Section 3.2.2(D} could be made. Section 2.4.5{D)(5) {Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The applicant has submitted a justification statement, which states the following: P & Z Staff Report -November 20, 2006 Meeting Ralph Buick Rezoning - GC to AC Page 4 Reason A is met. The zoning has been previously changed from AC to GC by a Contracf Vendee. However, that Contract Vendee has decided not fo purchase the property so the owner is seeking to rezone the property back to its original AC zoning. Reason B is also met as there has certainly been a change in circumsfances which makes fhe currenf zoning GC inappropriate. The residential markef has clearly changed throughout the south Florida and Delray Beach so that current zoning, permitted residenfial units, is no longer appropriate. Reason C has also been met because the requested zoning if of similar intensity as allowed under the Future Land Use Map and is more appropriate for the property based upon the circumstances particular to the site and the neighborhood. The current site is currently a vacant automotive dealership. Policy A-2.4 of the Fufure Land Use Element of the Comprehensive Plan indicates that automobile uses are signihcanf land uses within fhe City. Objective A-1 of the Fufure Land Use Element of the Comprehensive Plan states that property shall be redeveloped in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills remaining land use needs. An AC zoning designation would be complimentary to fhe surrounding auto dealers. Additionally, the requested zoning of AC is similar intensity as allowed under the Future Land Use Map. In fact, the Fufure Land Use Map designafion of GC is consistent with AC zoning district. This, an AC zoning designation is appropriate for fhe property based upon the circumstances particular fo the life and/or neighborhood Therefore, as each of these reasons for approving a change are met, this rezoning to AC should be approved. While an argument can be made that A has been met, that does not apply to B. General Commercial allows many uses other than residential, therefore, arguments narrowly focused on the state of the residential market are irrelevant. With respect to reason C, while the use may be of similar intensity and compatible with the adjacent dealerships, it continues to be a concern as it relates to the adjacent residential uses to the east. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Flement Ob'ective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary fo adjacent land uses; and fulfills remaining land use needs. The proposed AC zoning will be complementary with the current uses to the north, south, and west of the property, which consist of commercial uses. Even though the properties to the east are residentially zoned and contain several residential uses, they are buffered by a landscape strip, a masonry wall, and Florida Boulevard which helps mitigate the commercial impact of the AC. Additional mitigation measures would be reviewed during the site plan approval process. P & Z Staff Report -November 20, 2006 Meeting Ralph Buick Rezoning - GC to AC Page 5 Policy A-2.4: Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the fallowing apply: 4) Automobile dealerships shall be directed In the following areas: • North of George Bush Boulevard, between Federal and Dixie Highway; • East side of Federal Highway north of the north property line of the Delray Swap ShoplFlea Market; • South of Linton Boulevard, between Federal and Dixie Highway; • Between the one way pairs (Federal Highway), from S.E. 4th Street to S.E. 10th Street; and from N,E. 5th Street to George Bush Boulevard; • On the north side of Linton Boulevard; between I-95 and S.W. 10th Avenue, and Wallace Drive. The proposed rezoning of the property to AC does not meet this City's Comprehensive Plan Policy to guide AC uses to specific locations. This property is located south of Linton Boulevard but not between Federal Highway and Dixie Highway. When the Comprehensive Plan Policy was adopted, the property contained a long standing auto dealership. The intent of the policy was to prevent further introduction of AC uses east of Federal Highway and probably to prevent the expansion of existing dealerships in the area: Even though the property does not meet this criterion, it does meet other elements of the Comprehensive Plan as it relates to consistency. A finding of consistency can be made with partial compliance with some Objective, Policies, and Goals. Given the long uti[izatian of the property far this use and that na additional expansion (land use) is proposed, it appears appropriate to allow the AC zoning designation to be reestablished. ..- :, u REVIEW ,BY QTHERS Courtesy Notices Courtesy notices have been sent to the following homeowner's andlor civic associations: Neighborhood Advisory Council Progressive Residents of Delray (PROD) Presidents Council Ms. Joann Bordelan, Campbell Management, Tropic Bay Cando Mr. Tom Southerland, Tropic Bay Mr. Jim Murray, Tropic Bay Mr. Charles Nunes, Pelican Harbor Mr. Harvey Starin, Pelican Harbor Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. P & ~ Staff Report -November 20, 2006 Meeting Ralph Buick Rezoning - GC to AC Page 6 _, ~_ ..._..... _.. A~~'SESSM~ENT AND GQNCLUS#CIN-~~ _- , The proposed rezoning from GC to AC is consistent with most of the goals, objectives andlor policies of the City's Comprehensive Plan, and LDR Sections 2.4.5(D}(5), 3.1.1 and 3.2.2(D). Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. With regard to LDR Sections 2.4.5(D){5) and 3.2.2 (C} and {D), the proposed rezoning ofi the subject property to AC is appropriate. The subject property is located within an area containing mixed-use of commercial, residential, and automotive uses. Both the current zoning of GC and the proposed rezoning of AC are appropriate zoning designation for the property based on the FLUM designation of GC. The AC rezoning would allow the reestablishment of the long standing auto dealership, which has operated within the last five years and it will be consistent with the Comprehensive Plan and FLUM designation of GC. Based upon the above, a recommendation of approval can be made to the City Commission far the proposed rezoning. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately initiated rezoning from GC to AC for the subject property, by adapting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D}(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately initiated rezoning from GC to AC for the subject property, by adapting 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 the criteria set forth in Sections 2.4.5(D}(5), 3.1.1 and 3.2.2 of the Land Development Regulations. D. Board's Discretion. ~„~,.- , V=--=sTAFF E2i;G~}=MM>~NI7ATloly ,. Move a recommendation of approval to the City Commission for the privately initiated rezoning from GC to AC for the subject property, 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 the criteria set forth in Sections 2.4.5{D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. A#tachments: Location2aning Map Report prepared by: Derrick L. Gook, Planner GC PC 7HE V!N!N GS DELRAY INDUSTRIAL PARK SOLID WASTE TRANSFER STA TlON CF MILLER FIELD MILLER PARK.. R W X -~ osR COUNTRY ES TE CONDOS DOTTEREL ROAD P LMS BUCKY DENT'S 0 ° BASEBALL SCHOOL DE RAY ~° ~~ R M ~¢ ~~ 0 V Q~ ~~ c~ x l / ~~ B O U L E V A R D ROYAL SUN BANK PALM NATIONS MORTGAGE BANK BURGER LlNTON KING CENTER P __ DELRAY ~_ LINCOLN = MERCURY J Q 0 AC DAN-BURNS OLDSMOBILE ED MORSE GA P C SNER W00 DELRA Y PLAZA GMC TRUCKS --. d z SNER WOOD PONTlAC _er TOYOTA USED GARS ALL'S VE. ~ N REZONING FOR RALPH BUICK DEALERSHIP ~- aTr of oELRnY BEACri. FL FROM GC (GENERAL COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL) PLANNING & ZONING pEPARTMENT -- DIGITAL Q4SE MAP SYSTEM -- MAP REF: LM885