The URL can be used to link to this page

04-15-08 Agenda RegCity of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, Apri115, 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 N.W.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. April 1, 2008 -Regular Meeting B. Apri18, 2008 -Workshop Meeting 6. PROCLAMATIONS: A. Municipal Clerk's Week -May 4-10, 2008 B. National Public Works Week -May 18-24, 2008 C. National Preservation Month -May 2008 7. PRESENTATIONS: A. Delray Camera Club Awards Presentation B. Green Task Force Presentation C. City of Delray Beach Residents Academy Certificates - .Tanet Meeks (ADDENDUM) CONSENT AGENDA: City Manager Recommends Approval A. ACCEPTANCE OF EASEMENT DEED/WALLACE DODGE: Approve and accept an easement deed for the installation of a water and sewer easement at Maroone Chrysler .Teep Dodge located at 1001 and 1111 Linton Boulevard. B. REQUEST FOR SIDEWALK DEFERRAL/413 S.W. 6th AVENUE: Approve a request to defer the installation of a sidewalk in front of 413 S.W. 6th Avenue. C. SERVICE AUTHORIZATION NO. 1.7/PGAL: Approve Service Authorization No. 1.7 to PGAL in the amount of $10,367.50 for the additional Threshold Inspection Services required for the completion of the Old School Square Parking Garage Project. Funding is available from 380-4150- 572-63.29 (2004 G.O. Bond/Improvements Other/Old School Square Parking Garage). D. TRAFFIC SIGNAL MODIFICATION/PALM BEACH COUNTY/N.E. 4th STREET IMPROVEMENTS: Approve payment in the amount of $82,170.50 to Palm Beach County for the modification of traffic signals at the intersections of N.E. 5th and N.E. 6th Avenue at N.E. 4th Street. Funding is available from 448-5461-538-65.31 (Storm Water Utility Fund/Other Improvements/N.E. 4th St- N.E. 5th NE 6th). E. S.E.-N.E. 5th AVENUE RRR FUNDING/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve and authorize the Mayor to write a letter to the Florida Department of Transportation (FDOT) requesting that FDOT enter into an agreement with the City to combine FDOT's SE-NE 5th Avenue resurface, restore and rehabilitate (RRR) funding with the City's proposed beautification project and requesting that the City handle the design and construction of the combined funded project. F. DUI GRANT APPLICATION/FLORIDA DEPARTMENT OF TRANSPORTATION: Authorize staff to submit an application to the Florida Department of Transportation (FDOT) Highway Safety Grant award in the amount of $110,376.00 for funding for the Police Department's Driving Under the Influence (DUIZprogram. The grant covers 50% of the salary for the DUI Enforcement Officer. Funding is available from 001-2115-521-12.10 (General Fund/Regular Salaries). G. BULLETPROOF VEST GRANT/DEPARTMENT OF .TUSTICE: Authorize staff to submit an application to the Department of .Tustice for funding in the amount of $13,275.45 for 45 vests for the Bulletproof Vest Program. H. MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES: Approve a mutual aid agreement by and among Palm Beach County law enforcement agencies which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and provides for the rendering of assistance in a law enforcement emergency L MUTUAL AID AGREEMENT/PALM BEACH COUNTY SHERIFF'S OFFICE (PBSO): Approve a mutual aid agreement between the City and the Palm Beach County Sheriff's Office (PBSO) for law enforcement assistance to jointly address aggressive driving behavior within the City and neighboring unincorporated areas of Palm Beach Count J. PURCHASE ORDER INCREASE/CHAZ EQUIPMENT COMPANY, INC.: Approve an increase of $22,800.00 to purchase order #649857, Chaz Equipment Company, Inc., for modifications to turn lanes onto East Atlantic Avenue for the U.S. 1 Temporary Improvements Project. Funding is available from 334-4141-572-65.99 (General Construction Fund/Capital Outlay/S.E.-N.E. 5th & 6th Avenue-S.E. 4th N.E.). K. SPECIAL EVENT RE~UEST/BED RACE: Approve a special event request to allow the 11th Annual Bed Race proposed to be held on May 16, 2008 from 5:30 p.m. until 7:30 p.m., to grant a temporary use permit per LDR's Section 2.4.6.0 for the use and closure of NE 2nd Avenue between NE 2nd Street and NE 3rd Street, to authorize staff support for traffic control and security, EMS assistance, trash removal and clean up, barricading, use and set up of the small stage, and preparation and installation of event signage; contingent on the sponsor providing a certificate of liability insurance. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:Accept the actions and decisions made by the Land Development Boards for the period March 31, 2008 through April 11, 2008. M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Randolph & Dewdney Construction, Inc. in the amount of $148,757.44 for the construction of the Fire Station No. 1 Wind Retrofit Project. Funding is available from 334- 2311-522-62.87 (General Construction Fund/Buildings/Storm Hardening). 2. Contract award to All Florida Generator Installations, Inc. in the amount of $45,118.00 for the emergency backup generator for the new Information Technology (IT) Building. Funding is available from 334-6112-519-62.85 (General Construction Fund/Capital Outlay/City Hall Exp- IT Building). 3. Contract award to Bell South in the amount of $10,205.52 annually for a three ~) vear contract for one ~) Primary Rate ISDN circuit for the support of the telephone lines at City Hall, the Community Center and the City Attorney's Office. Funding is available from 001- 1802-512-41.10, 001-4125-572-41.10, and 001-1611-514-41.10 (General Fund/Telephone Expenses). 4. Contract award to McCabe Brothers Construction Corporation in the amount of $177,392.00 for renovations to the Atlantic Dunes Park Boardwalk. Funding is available from 334-4170- 572-63.48 (General Construction Fund/Improvements Other/Atlantic Dunes Boardwalk). 5. Contract award to McCabe Brothers Construction Corporation in the amount of $54,826.62 for renovations to the Police Department Briefing Room, Report Writing and Mail Room. Funding is available from 334-2111-521-46.10 (General Construction Fund/Repair & Maintenance Services/Building Maintenance). 6. Contract award to Technical Inspections, Inc. in the amount of $16,725.00 for Cleaning the Wet Well in Lift Station No. 50 on Lowson Boulevard. Funding is available from 442-5178- 536-68.15 (Water/Sewer Renewal and Replacement Fund/Improvements Other/Lift Station Rehabilitation). 7. Contract award to Technical Inspections, Inc. in the amount of $30,100.00 for rehabilitation of Lift Stations No. 94A, 95 and 107. Funding is available from 442-5178-536-68.15 (Water/Sewer Renewal and Replacement Fund/Improvements Other/Lift Station Rehabilitation). 8. Purchase award to Duval Ford in the amount of $27,534.00 for the purchase of two ~) F-150 4x2 Pick-Up Trucks including accessories and warranty via the Florida Sheriff's Association Rollover Contract #06-14-0821, Specification #33. Funding is available from 501-3312-591- 64.20 (Central Garage Fund/Automotive). 9. Purchase award to HD Supply Waterworks, LTD in the amount of $40,436.53 for various piping materials to be installed by the City's in-house construction crew for the Lakeview Golf Course Reclaimed Water Project. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). 10. Purchase award to EVS in the amount of $18,976.00 for the purchase of two ~) T3 Personal Electric Mobility Vehicles for the Police Department. Funding is available from 115-2111-521- 64.90 Lpecial Projects Fund/Machinery/Equipment/Other Machinery Equipment). 11. Bid award to multiple vendors in the estimated annual amount of $187,000.00 for the purchase of chemicals and fertilizers for the City. Funding is available from 001-4131-572-52.26 (General Fund/Operating Supplies/Gardening Supplies, 119-4144-572-52.21 (Beautification Trust Fund/Operating Supplies/Chemicals, 001-4131-572-52.21 (General Fund/Operating Supplies/Chemicals 445-4714-572-52.26 (D.B. Municipal Golf Course/Operating Supplies/Gardening Supplies, and 446-4714-572-52.26 (Lakeview Golf Course/Operating Supplies/Gardening Supplies). REGULAR AGENDA: A. 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 (32 of which are subject to the City Workforce Housing Ordinance) and 29,571 square feet of medical office to be platted as Midtown Delray, located at the southwest corner of Linton Boulevard and Old Germantown Road, west of Park Access Road.(Quasi-.Tudicial Hearin B. CONDITIONAL USE EXTENSION REQUEST/PARC PLACE NORTH AT DELRAY BEACH: Consider a conditional use extension request for Parc Place North at Delray Beach, a proposed multiple family and mixed-use development within the GC (General Commercial) Zoning District, located on the east side of North Federal Highway approximately 860 feet south of Gulf Stream Boulevard.(Quasi-.Tudicial Hearing C. WAIVER REQUESTS/HISTORIC DEPOT SQUARE: Consider two waiver requests to Land Development Regulations (LDR) Section 4.6.9(D~(3)(c)(1), "Stacking Distance", to allow a reduction in the stacking distance from the required 50 feet for a parking area that has 51 or more parking spaces, and to Section 6.1.30, "Sidewalk Design Requirements", which requires a 5-foot sidewalk along both sides of Depot Road and N.W. 2nd Street for the Historic Depot Square. (Ouasi-.Tudicial Hearing D. SPECIAL EVENT REQUEST/HAITIAN FLAG DAY EVENT: Consider a special event request for the Haitian Flag Day Celebration sponsored by Toussaint L'Ouverture High School on May 18, 2008 at Old School Square from noon until 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.0 for use of a part of the Old School Square surface lot, a portion of NE 1st Avenue, and the east side of the gravel lot on NE 1st Avenue for vendor parking; to authorize staff support for security and traffic control, EMS assistance, trash removal and clean up, barricading, generator use, and event signage; contingent upon receipt of a certificate of liability insurance. The event sponsor has requested financial assistance. E. APPOINTMENT OF OUTSIDE COUNSEL/REVIEW ORDINANCE REGARDING TRANSIENT RENTALS: Consider approval of outside counsel, Weiss, Serota, Helfman, Pastoriza, Cole and Boniske, P.L.; to assist in the review of an ordinance regarding transient rentals. 10. PUBLIC HEARINGS: 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).(Quasi-.Tudicial Hearing B. ORDINANCE NO. 20-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDRZpertaining to Assisted Living Facilities, Continuing Care Facilities and Nursing Homes. 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. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission APRIL 1, 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, April 1, 2008. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Lanelda Gaskins, Executive Asst./Agenda Coordinator 0 2. The opening prayer was delivered by Dr. Gary D. Guerrier with First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated there is additional information for Item 9.A., Redevelopment Proposal for South County Administrative Complex. She noted a revised Board Order for Item 9.B., Conditional Use Request for Villages at Delray. Mayor Ellis stated the applicant has requested to postpone Item 9.C., Appeal of the Historic Preservation Board Decision to May 6, 2008. Also, she noted there is a revised Board Order for Item 9.D., there is a request to postpone Item 9.E. until April 15, 2008. Mayor Ellis noted the addition of Item 9.H., Reconsideration of a Special Action Request for Office Depot and the CVS Pharmacy Building to the Regular Agenda by addendum. Mr. Fetzer moved to approve the Agenda as amended, 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. 04/01/08 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of March 18, 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. Mrs. Montague moved to approve the Minutes of the Annual Organizational Meeting of March 27, 2008, seconded by Mr. McDuffie. 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. Young Child Week -April 13-19, 2008 Mayor Ellis read and presented a proclamation hereby proclaiming the week of April 13-19, 2008 as Young Child Week in the City of Delray Beach. Sallie Laws, Vice President of Family Central, Inc. in Palm Beach County came forward to accept the proclamation. 6.B. Housing America Month -April 2008 Mayor Ellis read and presented a proclamation hereby proclaiming the month of April 2008 as Housing America Month in the City of Delray Beach. Dorothy Ellington, Florida Coordinator for this campaign, came forward to accept the proclamation and on behalf of the National Association of Housing and Redevelopment Officials and Florida Association of Housing and Redevelopment Officials, she thanked the City of Delray Beach. 6.C. Library Appreciation Month - Apri12008 Mayor Ellis read and presented a proclamation hereby proclaiming the month of April 2008 as Library Appreciation Week in the City of Delray Beach. Robert Currie came forward to accept the proclamation and gave a few brief comments. 6.D. Water Conservation Month -April 2008 Mayor Ellis read and presented a proclamation hereby proclaiming the month of April 2008 as Water Conservation Month in Delray Beach, Florida. Richard Hasko, Director of Environmental Services, came forward to accept the proclamation and gave a few brief comments. -2- 04/01/08 7. PRESENTATIONS: 7.A. 19th Annual Delaire/Delray Citizens for Delrav Police Charitv Golf Tournament Presentation to Police and Fire-Rescue -Perrv DonFrancisco Perrv DonFrancisco, President of Delrav Citizens for Delrav Police Charitv Golf Tournament, briefly reviewed the history and significance of the Annual Delaire Charity Golf Tournament that supports the Fire-Rescue and Police Departments. Mr. DonFrancisco stated the residents of Delaire have made a profound statement and that is that their generosity and concern will not waiver and they will continue to give for the benefit of all the people of the City of Delray Beach. He stated Delaire's lifesaving and crime fighting equipment purchases have saved lives in Delray Beach and has kept the community safe. Mr. DonFrancisco stated tonight's proceeds total approximately $275,000.00 per department and noted that is $550,000.00 this community net and raised for the City of Delray Beach to have this equipment. Harvey Lurrie gave a few brief comments and thanked the Commissioners and Fire-Rescue Chief James and Police Chief Schroeder for coming to Delaire and making a presentation a few weeks ago. Mr. Lurrie stated Mr. DonFrancisco in particular made this possible beginning 20 years ago and has made this charity. Mr. Lurrie introduced Buddy Magod, new President of Delaire and David Gray, Co-Chairman, who presented checks to Fire-Rescue Chief David James and Major Craig Hartman of the Police Department. On behalf of the Delray Beach Fire-Rescue Department, Chief James stated they appreciate all the support of Delaire and noted that technology changes constantly and it does not always coincide with the budget process and donations such as these from Delaire help them to address those issues in a timely manner. Major Craig Hartman, Delray Beach Police Department, thanked everyone from Delaire for their continued support and generosity year after year. Mr. DonFrancisco presented the Fire-Rescue Department and the Police Department with checks in the amount of $18,750.00 each. Mayor Ellis stated the ceremony at Delaire a few weeks ago was the City's way of saying thank you to Delaire for doing this for nearly 20 years. She stated the City issued a proclamation that was mounted and the Fire-Rescue Chief as well as the Police Chief had their original badges mounted on that as well. Mayor Ellis stated the ceremony was very well attended and everyone had a wonderful time. Mayor Ellis thanked Mr. DonFrancisco and the Delaire community for its continued support. 7.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. The caption of Resolution No. 13-08 is as follows: -3- 04/01/08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING BARBARA J. FLYNN FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 13-08 is on file in the City Clerk's office.) Mayor Ellis presented Resolution No. 13-08 to Barbara Flynn for 30 years of dedicated service to the City of Delray Beach. Mr. Eliopoulos moved to approve Resolution No. 13-08, 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. Mayor Ellis also presented Barbara Flynn with a Distinguished Service Award in grateful appreciation of her invaluable and distinguished service to the Finance Department for the past thirty (30) years. Joseph Safford, Finance Director, stated Ms. Flynn is just getting her second wind and noted she rides motorcycles, rides competition horses and she is a pilot with 100 flight hours. Mr. Safford stated he expects Ms. Flynn will be around for several more years. Barbara Flynn came forward to accept the proclamation and the award and gave a few brief comments. 7.C. "Neighborhood Pride Grant" - Neighborhood Services Division Elizabeth Alpert, Neighborhood Services Administrator, stated she is fortunate to work under the direction of Lula Butler, Director of Community Improvement, and commented that they are always progressively working towards improving their neighborhoods. Ms. Alpert stated a new program was implemented last year called "Neighborhood Pride Grant" and was conceptualized by Commissioner Montague. Ms. Alpert stated this is a great program because it is designed for the neighborhoods and actively participating and getting involved and including the neighborhoods. She stated instead of providing grant dollars for community improvement this program engages the neighborhoods to get actively involved in the form of a cash contribution, volunteering or going out and getting donations of the materials. Ms. Alpert stated the City allows the neighborhoods to get creative and noted that during fiscal year 2006-2007 there were 16 applicants and out of those 16 applicants, the Neighborhood Advisory Council (NAC) formed asub-committee to vote and rate the applicants. The City of Delray Beach awarded three (3) Neighborhood Pride Grants during fiscal year 2006-2007 to the following recipients: (1) Woods of Southridge, (2) Paradise Heights, and (3) Delray Estates. -4- 04/01/08 8. CONSENT AGENDA: City Manager Recommends Approval. 8.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. 2"d Street. 8.B. SERVICE AUTHORIZATION NO. 01-23.1/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). 8.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). 8.D. LOCAL AGENCY PROGRAM AGREEMENT (LAP)/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)BIKE LANES: Approve a Local Agency Program (LAP) 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). 8.E. RESOLUTION NO. 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. The caption of Resolution No. 12-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CREATION OF AN AFFORDABLE HOUSING ADVISORY COMMITTEE TO RECOMMEND INCENTNES FOR AFFORDABLE HOUSING; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 12-08 is on file in the City Clerk's -5- 04/01/08 8.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 (5) exhaust removal systems for five (5) of the Fire Stations. Funding for match funds available from 115-2311-522-64.90 (Special Projects Fund/Machinery Equipment/Other Mach/Equipment). 8.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 Beach County and the City of Delray Beach to extend the project completion date to December 31, 2008 for the Delray Intracoastal Park (Mangrove Park). 8.H. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request for the Art and Jazz 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 2.4.6(F) 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 2"d Avenue, SE 3ra 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. 8.I. SPECIAL EVENT REQUEST/DELRAY BEACH FILM FESTIVAL: Approve a request to endorse the 3r 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 2.4.6(F) 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. 8_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. 8.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). -6- 04/01/08 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 (7) ShelterBenches 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 (5) 2008 Ford Crown Victoria Police Interceptors with options and warranty via the Florida Sheriffs Association Contract #07-15-0827, Specification #1 and to Emergency Vehicle Supply in the amount of $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 FundBuildings). Mr. McDuffie moved to approve the Consent Agenda, 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. -7- 04/01/08 9. REGULAR AGENDA: 9.A. SOUTH COUNTY ADMINISTRATIVE COMPLEX REDEVELOPMENT PLAN DIRECTION: Provide direction regarding a response to Palm Beach County on action items for the South County Administrative Complex Redevelopment Plan. The City Manager stated at the March 18, 2008 City Commission Meeting there was a presentation made by Palm Beach County staff Audrey Wolf concerning the subject project. The City Manager stated the City Commission previously received a lengthy report compiled by Kilday and Associates with assistance from Catalfumo, Ltd. He noted the five points the County requested City Commission action on: (1) Choose a preferred concept plan, (2) Confirm County's interpretation of any code 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 structure 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 City's desired involvement in the County RFP. Mr. Fetzer moved to approve the City Manager's recommendations with the higher density option, 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 passed with a 5 to 0 vote. 9.B. CONDITIONAL USE REQUEST/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. 4cn Street. (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. Lanelda Gaskins, Agenda Coordinator/Executive Assistant, 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 a telephone from Mr. Weiner asking if he had any questions on the project and noted he has none. Mrs. Montague stated she received a call and spoke with Mr. Weiner as well as Mr. Cito Beguristain and Dorothy Ellington. Mayor Ellis stated she spoke with Mr. Weiner on a couple occasions. Mr. Eliopoulos stated he spoke with Mr. Weiner with regards to the general layout of the project. Mr. Fetzer stated he spoke to Mr. Weiner as well. -8- 04/01/08 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-40 into the record. Mr. Dorling stated this is a conditional use request for Villages at Delray to provide a density in excess of 12 units per acre (24 du/ac is proposed) in accordance with a provision of the City's Family Workforce Housing Ordinances for the Villages at Delray, a 264-unit residential development located on the east side of Auburn Avenue south of S.W. 4th Street. The property totals 1.03 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. 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 compliance 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 and recommended approval with a vote of 4 to 0. Mr. Dorling stated the site plan will be going before the Site Plan Review and Appearance Board (SPRAB) and this is just the conditional use for the density. The Delray Beach Housing Authority is solving some additional issues which may prevent the site plan going before SPRAB for a couple of weeks. The City Attorney stated for clarification that the conditional use request is up to 24 dwelling units per acre depending on the site plan. Michael Weiner, Attorney with Weiner and Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach (representing the Applicant), stated each and every one of the conditions under the Land Development Regulations, Comprehensive Plan, Compatibility and Consistency, and Concurrency have been met with respect to this project. He stated the Planning and Zoning Board went through this particular conditional use request and there were some added changes to the conditions that have been addressed. Steve Myott, JMWA Architects (Architects for the proiect), briefly reviewed the architectural elevations for this project. Cito Berguristain, speaking on behalf of the Applicant, thanked the City Commission for their continued support. He stated the last time he was before the Commission they were in a rush to get the CWHIP (Community Workforce Housing Innovation Program) Grant to the State. Mr. Berguristain stated they received their initial comments back from the State for things to address. He noted that on April 18, 2008 they should receive some responses to what they had to submit and hopes that they will be able to win the grant. -9- 04/01/08 Mr. Weiner stated the City Attorney has prepared an appropriate Board Order and the Commission will find that the staff report covers the Comprehensive Plan on pages 4-5, the Concurrency is covered on pages 2-3 of the staff report, the LDR requirements 2.4.5(E) are covered on pages 12-13 of the staff report and the Required Findings are covered on pages 5-12 and go through all the Performance Standards including 4.7.4 and 4.4.6(B)(3). Therefore, Mr. Weiner stated substantial competent evidence has been offered based on the Planning and Zoning Department staff report. Mayor Ellis stated if anyone would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Dr. Joseph Provenzano, 1921 S.W. 36t'' Avenue, Delray Beach, stated he really likes this project because it has a clubhouse with impact glass and an emergency generator. He stated he would like see this done with more development in this town because post storms it is a major problem with heat and expressed concern that it is only 4,500 square feet 264 units and there will probably be 3-4 people per unit and expressed concern whether or not the building will be able to sustain 1,000 people according to the Fire Marshall. Dr. Provenzano stated in the medical profession he sees many people getting admitted to the hospital post hurricanes because of the fact of the heat. He feels that overall this is great idea to have emergency backup generators and feels it would be nice to see this more throughout the City in developments with more than 50 homes. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. The following individual gave a brief rebuttal: Mr. Dorling stated after the last set of hurricanes the City did pass a new regulation that require all clubhouses for new communities to have backup generators for the purposes that Dr. Provenzano mentioned. Mr. Eliopoulos stated this is a great project; however, he expressed concern with the reduction in the guest parking spaces from 62 spaces to 14 spaces. He stated he understands the perception but by looking at the studies on low-income housing the odds are that they will not have as many cars. Mr. Eliopoulos stated he is looking at this as a project that we want to set the mark and set the tone for how workforce housing and low- income housing can be done. Mr. Eliopoulos stated with the workforce housing we are making the assumption on these cars and although he did see on the site plan how staff is encouraging to have parking on sod, he did not see a lot of green. He stated he is looking at this from a density standpoint and not about the people that are going to be there. He feels that a lot of people will use their garages for other things and down the road he does not want to see this project looking like a project that being a lot of cars in the street because they do not have anywhere to park. -10- 04/01/08 Mr. Weiner stated they will keep this in mind and they made extensive studies of use of the parking in the area prior to this of actual parking usage. Also, the daycare center has been designed and will be closed at night which is an extra 24 spaces. Mr. Weiner stated they are aware of the concerns expressed by Mr. Eliopoulos. 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). Mrs. Montague moved to adopt the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:22 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.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". The caption of Ordinance No. 13-08 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 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. (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 this ordinance is to deal with temporary signs and its intent is to help facilitate the merger of the two Little Leagues by allowing sponsorship signs and the money generated from that to support the -11- 04/01/08 League. These signs will be placed on the inside of the outfield during the Little League seasons. The first public hearing at the March 18, 2008 meeting had two alternatives and the City Commission recommended the alternative version (which is before the Commission this evening) as well as the Planning and Zoning Board. Mr. Dorling stated the alternate version requires the signs to be taken down only during the months of September through December. He stated this minimum time helps this signage to fall in the category as "temporary signage" and staff recommends approval. 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 moved to adopt Ordinance No. 13-08 on Second Reading/Second Public Hearing, 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. 10.B. ORDINANCE NO. 20-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) pertaining to Assisted Living Facilities, Continuing Care Facilities and Nursing Homes. If passed, a public hearing will be scheduled for April 15, 2008. The caption of Ordinance No. 20-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING 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 REGARDING SAME; 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 -12- 04/01/08 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. (The official copy of Ordinance No. 20-08 is on file in the City Clerk's office.) 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 renames the current term Adult Congregate Living Facility and replaces it with Assisted Living Facility and amends the definition of the term Continuing Care Facility to be in compliance with the Federal Fair Housing Law. It also adds both the Assisted Living Facility and Continuing Care Facilities as a permitted use in those zoning districts which currently allow Medium Density Residential (RM) as permitted uses and it adds them as conditional uses in the same zoning districts that allow Medium Density Residential (RM) as a conditional use. He stated it treats this type of use as multi-family use which staff believes is necessary to be compliant with Federal Fair Housing Law. At its meeting of March 17, 2008, the Planning and Zoning Board considered the text amendment and recommended approval with a 5 to 0 vote. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 20-08, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 20-08 on First Reading/First Public Hearing, seconded by Mrs. Montague. 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. -13- 04/01/08 10.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. office.) 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, BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY"; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-08 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. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 15-08, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 15-08 on Second Reading/Second Public Hearing, 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. 10.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. The caption of Ordinance No. 16-08 is as follows: 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, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND -14- 04/01/08 PAYMENT"; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. office.) (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. 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. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 16-08, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 16-08 on Second and FINAL Reading, 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.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. The caption of Ordinance No. 18-08 is as follows: office.) 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 EFFECTIVE DATE. (The official copy of Ordinance No. 18-08 is on file in the City Clerk's -15- 04/01/08 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. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 18-08, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 18-08 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public and the City Manager. ll.B. From the Public. ll.B.l. Alice Finst, 707 Place Tavant, Delray Beach, stated she spoke to the City Commission recently about the Historic Depot Square and requested that the City see if there was some way that they could get a Congress Avenue connection to that property. Mrs. Finst stated she was told at that time that this was not something that could be done. Since that time, Mrs. Finst stated she attended another meeting on Historic Depot Square where they presented a number of items which she considers safety issues. She stated one safety issue is the traffic feeding onto Lake Ida Road from their project, Crossroads and Spady Elementary School, etc. This has been brought to the County and the traffic study is going to require them to put in one or more lanes to the Depot Road exit and possibly a traffic light because of the traffic there. Mrs. Finst asked that the City consider opening a lane across the tracks from Congress Avenue at Dr. Carroll Kroll Way or anywhere along there (vacant properties that can connect Congress Avenue). She stated this would help eliminate the heavy traffic from being dumped onto Lake Ida Road. Mrs. Finst also expressed concern that there will be students from Atlantic High School on that property and she does not see them walking down to Lake Ida Road and going west to Congress Avenue and then finding their way over to Davis Road. She stated she feels they will go over the berm around the property and go across the railroad tracks. A sign has been recently posted on Lake Ida Road that said that there are no train whistles. Mrs. Finst stated this is an opportunity that will fix the safety problem because these students will probably go across the tracks and hook up to the short cut that runs from Congress Avenue to Davis Road that is there and is being used. She stated she sees this turning into a horrible disaster of traffic on Lake Ida Road and someone being hurt and urged the Commission to look into this matter. The City Manager stated the State Department of Transportation and the Federal Railway Administration will not allow any more railroad crossings. -16- 04/01/08 11.B.2. Dr. Joseph Provenzano, 1921 S.W. 36t'' Avenue, Delray Beach, stated he understands that Midtown Delray was postponed at the last City Commission Meeting of March 18, 2008. He asked if an applicant is bringing a project to the Planning and Zoning Department and indicates that this is going to be a medical office building is he obliged to make that a medical office building. Dr. Provenzano stated there is now a sign on the property that says "medical offices and professional" which is a totally different project than what we were told it was going to be and what is defined as "professional". 11.A. City Manager's response to prior public comments and inquiries. With regard to a prior concern expressed by Dr. Provenzano about the condition of the buildings on the Blood's Grove property, the City Manager stated staff has been working with the owners of that property since then and even early last week the property was still pretty much a mess but they have been actively working on it and it is boarded up at this point and cleaned up. Staff is monitoring it closely to be sure that it remains that way. At this point, the time being 7:36 p.m., the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. THIS ITEM HAS BEEN POSTPONED DUE TO THE APPLICANT'S REQUEST. 9.D. CONDITIONAL USE REQUEST/CHEZ MIKA RESTAURANT: Consider a conditional use request to establish a 24-hour or late night business for Chez Mika Restaurant, located at 1005 South Congress Avenue in the Sherwood Plaza. (Quasi- Judicial Hearing) Lanelda Gaskins, Executive Assistant/Agenda Coordinator, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-075 into the record. Mr. Dorling stated this is a conditional use request to establish a 24-hour late night business for Chez Mika Restaurant located at 1005 South Congress Avenue. This is a 3.02 acre parcel and contains a 32,000 square foot shopping center with a service station out parcel. The site was originally constructed in 1964 and is occupied with retail, office and restaurant uses. The applicant wishes to extend the current operating hours from midnight to 2:00 a.m. 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 11:00 p.m. to 3:00 a.m. 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 -17- 04/01/08 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 part of this request. Mr. Dorling stated as part of this request is a waiver request to allow an increase in lighting. The maximum foot candle is 4.0 per the City Code and the applicant is requesting an increase to that as high as 9.0 at the rear entrance to the building. At its meeting of March 17, 2008, the Planning and Zoning Board considered the request. The Board actually considered this item a month before the March 17th meeting and at that time the request was actually to allow the facility to stay open until 5:00 a.m. and the applicant revised this to 2:00 a.m. and returned on March 17, 2008. The Board deliberated for quite some time and had testimony from the Police Department and the Board recommended denial of the conditional use request with a 3 to 2 vote. The Police Department expressed their reservations based upon concerns of increased crime and alcohol consumption after hours. Mr. Dorling stated there have been a number of instances where the police have been called, however, those have not been a direct result of this restaurant. Staff recommends that the Commission take testimony and decide whether or not the applicant should be allowed to stay open until 2:00 a.m. If the Commission allows them to stay open until 2:00 a.m. then staff requests that this be conditioned on the security plan and all the conditions that were identified in the staff report by the Planning and Zoning Board and that the waiver also is granted to provide greater security. Mackenson Bernard, 2605 W. Atlantic Avenue, #D-202, Delray Beach, (speaking on behalf of the Applicant), stated there are several issues that were addressed at the Planning and Zoning Board Meeting with a 3 to 2 denial. He stated they agreed that there were certain things they were going to do in order to meet what the Planning and Zoning Board requested. Mayor Ellis stated if anyone from the public would like to address the Commission regarding the conditional use request, to please come forward at this time. Christina Grand, 6742 Forest Hill Boulevard, West Palm Beach (Executive Director of New Business Support and Resource Program for the Palm Beach County area), stated they help with the broken economic development of owner operated businesses and Chez Mika Restaurant and the owners are members of their program and they have been helping her with the application to assist with the extending of the hours so that way she can be profitable and stay in business. Ms. Grand stated in the Haitian culture it is very common to eat during later hours especially on the weekends. Ms. Grand stated for cultural purposes the owners would like the two extra hours during the weekends for what is normal to them for their celebrations and they put their children to sleep and the mother and father go out and enjoy a late evening meal and this is very common in the Haitian culture. -18- 04/01/08 Mr. Bernard stated at the last Planning and Zoning Board Meeting the key issue is safety. He stated in order for Chez Mika Restaurant to be profitable they need to be open until 2:00 a.m. In terms of increased crimes, Mr. Bernard stated the previous owner (Dave's Bar & Grill) stayed opened late as well and since Chez Mika Restaurant has been open since September 2007 there have been no crimes associated with her restaurant. Mr. Bernard stated at the Planning and Zoning Meeting the police officer had stated it was not a restaurant and the owner was trying to have a club there. He stated Chez Mika has invested a great deal of her money in changing the restaurant and with the change in the Southwest Development area this restaurant would provide a different atmosphere especially for the Haitian community. He stated the majority of the Haitian restaurants in Delray Beach are typically where there is no where to sit down and you just come in and get your food. However, Chez Mika Restaurant will provide something different that one would find in the Haitian restaurants in Miami because of the community there. Mr. Bernard stated they have addressed most of the issues in terms of security anytime the restaurant is opened between 12:00 p.m. - 2:00 a.m. and they have agreed to do so. Also, he stated the Police Department wanted to be involved in terms of selecting a security guard that would be on- site and they have agreed to do so. Mr. Bernard by allowing the restaurant to be open until 2:00 a.m. would keep the business viable and profitable. Ms. Grand stated Chez Mika Restaurant is a monumental addition to the community and noted there is a large Haitian population in Delray Beach. She stated this is a fine dining Haitian restaurant and there is only two in the entire State of Florida. Ms. Grand urged the Commission to approve the conditional use. Lieutenant Marc Woods, Delray Beach Police Department, stated he supports Chez Mika Restaurant and noted Chez Mika did a wonderful job fixing the building and it is a dramatic improvement to the shopping center compared to the old bar that was in there. Lieutenant Woods stated the objections that were referred to by Christina Grand were the initial application to make it a night club and have it open until 5:00 a.m. even though the liquor license is only good until 2:00 a.m. Lieutenant Woods stated they objected to that for multiple reasons. However, with the most recent agreement to not have live music and close at 2:00 a.m. there are really no objections from the Police Department just support. As far as the detail officer, Lieutenant Woods does not want anyone to think that a business is contingent upon hiring an off-duty police officer. The concerns that were expressed at the two Planning and Zoning Board Meetings concerned just the physical design of the shopping center. Lieutenant Woods stated behind it is I-95 and there is a very large driveway back there which was convenient for trucks but also convenient for thugs, punks, and getaway cars and the concerns expressed by the Police Department were that anyone that wanted to do the wrong thing could park behind the restaurant and run around creating a real hazard for the people working in the restaurant and also the patrons. Lieutenant Woods stated the lighting in the shopping center is dreadful and if the applicant is asking for an increase in lighting it will not really impact anyone except Abbey Delray North which is across Congress Avenue so if they direct the lighting in the right direction that would be a bonus and actually make the entire shopping center safer at night and increase security. Lieutenant Woods stated as long as the conditional use request is rescindable for over use or stretching the live music conditions -19- 04/01/08 then the Police Department will support it. Mr. Eliopoulos stated he is not concerned with what is actually going on in the restaurant but he is concerned when patrons leave the restaurant. Mr. Fetzer stated if the Commission was to approve the conditional use request this evening what conditions for adequate security would be recommended. In response, Lieutenant Woods stated the conditional use articulates improving the lighting in the shopping center. He stated currently it is dangerous for the restaurant to close at midnight with the lighting the way it is. Lieutenant Woods stated it would be very important to have an active uniformed security guard watching over the parking lot with a careful closing (i.e. the security guard walking the entire staff out of the restaurant at the same time after closing). Mayor Ellis stated in the staff report they recommend that an officer be there from 11:00 p.m. until 3:00 a.m. Lieutenant Woods stated this would be adequate and would allow time for the staff to clean up. There was brief discussion between Lieutenant Woods and the City Commission regarding the cameras. Ms. Grand explained that the cameras do record at night. Mr. McDuffie stated Mr. Dorling talked about the 4.0 maximum foot candle level requirement and increasing that to 9.0 at the rear entrance along the railroad tracks. Mr. Dorling stated the increase is up to 9.0 and the highest point is to the rear of the building by the rear access point which would be 9.0 and there is some fluctuation between that and 4.0 and the balance of the site. Mr. McDuffie stated Lieutenant indicated that there are lighting problems throughout the entire shopping center and asked if we are expecting this tenant to address the lighting needs in all of that area. Ms. Grand stated Code Enforcement stated regardless of their application the lighting needs to be improved and they (the landlord) have to do it. Mrs. Montague asked if they are improving the entire site or are they improving just that area. Ms. Grand stated the entire plaza is getting redone. Mr. McDuffie stated he wanted to make certain that the City had some way to control that the lighting was improved in the entire plaza and not just the proximity of the restaurant. Mrs. Montague asked what is located south of this site. Lieutenant Woods stated it is a mini storage facility that has a wall down the entire length of the property and the railroad tracks are behind this property. Mrs. Montague asked what types of businesses are north of the restaurant. Lieutenant Woods stated there is a furniture store, a convenience store/check cashing market and the immediate suite north of the restaurant is currently empty. Lieutenant Woods stated the only other thing in the out building to the southwest is a coin laundry business which stays open until 11:00 p.m. Mrs. Montague asked if there are any many restaurants that stay open after 12:00 midnight. In response, Mr. Dorling stated in the City there are many restaurants that are open after 12:00 midnight. Mrs. Montague -20- 04/01/08 asked if the security issues vary from site to site. Mr. Dorling stated it varies from site to site and what is being proposed with Chez Mika restaurant is a comprehensive security plan much more so than a lot of other restaurants are subject to or provide. Mrs. Montague asked if food is being served until 2:00 a.m. Mr. Dorling stated it is the understanding that food is being served until 2:00 a.m. Mr. Dorling stated to qualify as a restaurant they need to serve meals at all times they are open. Marty Gerber, Property Manager representing the landlord, stated the landlord is glad to have Chez Mika in the property on the terms that he originally signed the lease for and this is not what the lease was signed for. Mr. Gerber stated the landlord has some concerns and noted that the Police Department is aware that at the north end when he bought this property the Universal Supermarket has police protection three nights a week from 4:00-7:00 p.m. because of the conditions of the people who hang out in that shopping center. Mr. Gerber stated when he took it over he met with Officer Gregory Wesner and he changed the lighting as they saw it at that time. Mr. Gerber stated he received a letter from the Police Department congratulating them for trying to improve the shopping center. Mr. Gerber stated they are willing to improve the shopping center and noted they now have a Photometric Plan in place for the entire shopping center. Mr. Gerber stated the tenants pay CAM (Common Area Maintenance) charges with regard to the electric. He stated he is willing to foot the bill for all the electric lights the City of Delray Beach has requested for them. However, by law (provided this information from the City) they can turn down the lights to a certain degree after 11:00 p.m. Mr. Gerber stated if Chez Mika is willing to pay for the difference in the electricity used from the normal closing time until the time that she closes (2:00 a.m.) then he has no objection. Dr. Joseph Provenzano, 1921 S.W. 36t'' Avenue, Delray Beach, stated he knows that Abbey Delray is directly across the street and noted he treats a lot of patients from there and is not sure if they know this is going on. He stated there will be bright lights and music going on until 2:00 a.m. Dr. Provenzano stated he does not like to be stereotypical but all the people from Abbey Delray South are going to be asleep and this is going to keep them awake. He would like to hear input from people living in Abbey Delray South. Also, Dr. Provenzano stated earlier in the meeting this evening, when Elizabeth Alpert presented the Neighborhood Pride Grant and she showed that Delray Estates had a problem and they had to change their fencing and are still having a continued crime problem there and noted this is less than a block away from the restaurant. He urged the Commission to think about the safety of the patrons who will be coming in and out of the restaurant and what type of parties may go on there (i.e. weddings, reunions, parties). Mr. McDuffie stated for the record, Abbey Delray North was noticed. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. There was no cross-examination. The following individuals gave a brief rebuttal: -21 - 04/01/08 Mr. Dorling stated with respect to the comments expressed by Dr. Provenzano and residents were noticed within 300 feet and the City did not receive any comments from anyone. Mr. Dorling stated his understanding is that this is a restaurant use and does not include music. Mr. Dorling stated if the Commission approves the conditional use request, that all the improvements shown in the security plan as well as the lighting and the landscaping for the center should be in place prior to this business extending its hours of operation because he feels this is critical for the safety issues that have come up. Ms. Grand stated when she originally submitted the application it said until 5:00 a.m. and staff informed her to go ahead and submit the application and see what the Board would approve. She stated the applicant never intended to stay open until 5:00 a.m. Ms. Grand stated it has never been considered nor did they even apply for it to be a nightclub and emphasized that this is only a restaurant. She stated music is being played is from the speakers as like with any other restaurant so that there is not dead silence in the restaurant. Mr. Bernard stated his biggest concern with the addition of the security guard is that some of the other restaurants are not required to have security guards and are opened past 2:00 a.m. and in order for the applicant to get an agreement with the Planning and Zoning Department they agreed to do that. However, Mr. Bernard stated they would like the Commission to also address this issue. He stated it is just a restaurant where people eat and noted that they agreed to the lighting issue and to add the two additional cameras around the area because of the development of the Southwest area, the area will change in the next several years and he feels there will be better protection in that area. Mrs. Montague stated the City regularly asks for additional security throughout the City. Mr. McDuffie stated he would applaud anything that is done in that particular area to improve the life experiences of the people and the safety in that area. He stated improving the lighting in this shopping center would satisfy his requirements for the operation of the restaurant. Mr. McDuffie stated there is a leasing issue that needs to be worked out with the client, landlord and the tenant that the City does not have anything to do with. Mr. McDuffie reiterated that the City does require lighting and security officers even to Wal-mart who is about to improve their building out on Military Trail. Mr. McDuffie stated he supports the improvements although there is an issue with the landlord and the tenant that needs to be worked out. After brief discussion, the City Attorney noted that one of the conditions added is that there is no live music in the extended hours and no outside speakers. The City Attorney briefly reviewed the following conditions: (1) applicant must have a uniformed security guard on staff from 11:00 p.m. until 3:00 a.m., (2) security personnel will be available to walk patrons to their cars when needed, (3) two additional security cameras over the eight already provided and must be installed to monitor the -22- 04/01/08 parking lot areas in front and across from Chez Mika restaurant and the cameras must record at night, (4) no live music in the extended hours, (5) no outside speakers during any time, (6) the lighting must be improved per the perimeters of the waiver that is going to be acted on next, (7) all improvements that are required must be in place prior to opening for the extended hours. 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). Mrs. Montague moved to adopt the Board Order as presented with the conditions as outlined by the City Attorney, seconded by Mr. McDuffie. 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. 9.D.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-Judicial Hearing) Mayor Ellis stated anyone who was not swore in for the previous item and would like to speak on this waiver request, to please come forward at this time. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-075 into the record. Mr. Dorling stated this waiver request is to allow a maximum foot candle up to 9.0 and the current Code maximum is 4.0. Staff recommends approval of this request to provide better security for the entire site. The City Attorney stated the Photometric Plan should be a condition of the conditional use approval as submitted and noted the Board Order will be modified to include this additional condition. Mackenson Bernard, 2605 W. Atlantic Avenue, #D-202, Delray Beach, (speaking on behalf of the Applicant), stated he has already addressed this issue. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. - 23 - 04/01/08 There was no cross-examination or rebuttal. 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. Fetzer moved to adopt the Board Order as presented, seconded by Mr. 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. At this point, the City Attorney suggested that the City Commission make another motion to include the requirement as a condition to comply with the Photometric Plan as submitted in the conditional use (Item 9.D.). Mrs. Montague moved to approve the requirement as a condition (#8) to comply with the Photometric Plan as submitted in the conditional use, seconded by Mr. Eliopoulos. 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. 9.E. THIS ITEM HAS BEEN POSTPONED TO A DATE CERTAIN OF APRIL 15, 2008. 9.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). Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider sponsoring a table for the Annual Gala Dancing with the Stars "Spady Style" to be held on April 19, 2008 at the Marriott in the amount of $1,250.00. Mr. Barcinski stated funding would have to come from the City Manager's Contingency Fund (001-6111-519-99.03). The City Commission did sponsor a table for $1,000.00 in 2006. Staff recommends consideration of this request. After brief discussion, it was the consensus of the Commission that although they support the S.D. Spady Cultural Heritage Museum Annual Gala, they will purchase their own ticket. 9.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) 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). -24- 04/01/08 Mrs. Montague moved to appoint Patricia Nyera as an alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009, 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 passed with a 5 to 0 vote. 9.H. RECONSIDERATION OF SPECIAL ACTION REQUEST/OFFICE DEPOT/CVS PHARMACY BUILDING: Consider a request for reconsideration of the City Commission action to overturn the Site Plan Review and Appearance Board's approval of the special action request for the Office Depot/CVS Pharmacy, located at N.E. 6th Avenue. (ADDENDUM) The City Attorney stated this is before the City Commission for reconsideration and under Robert's Rules of Order the Commission must decide if one of the prevailing Commissioners on the prevailing side agrees to vote at the next regular meeting on the previous vote if the Commission wants to reconsider that vote. The City Attorney stated this is an appeal that the Commission took on the special request dealing with the parking for the Office Depot/CVS Pharmacy project. She stated basically the City Commission approved the appeal which overturned the SPRAB decision which granted that special request. SPRAB is asking that the City Commission reconsider. Mr. McDuffie moved to reconsider after review by the Site Plan Review and Appearance Board (SPRAB), seconded by Mr. Eliopoulos. 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 Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.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 April 15, 2008. The caption of Ordinance No. 22-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GENERAL COMMERCIAL (GC) DISTRICT TO AUTOMOTNE COMMERCIAL (AC) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) AND FLADELL'S WAY (AVENUE "F"), AS MORE PARTICULARLY - 25 - 04/01/08 DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, "APRIL 2007" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) from the dais. (The official copy of Ordinance No. 22-08 is on file in the City Clerk's Commissioner Eliopoulos declared a conflict of interest and stepped down The City Attorney read the caption of the ordinance. Paul Dorling Director of Planning and Zoning, stated this is a privately initiated rezoning from GC (General Commercial) to AC (Automotive Commercial) for a 6.28 acre parcel located on the east side of Federal Highway. The Ralph Buick auto dealership occupied the site from 1972 to 2005. In 2005, a rezoning request was submitted by New Century Development Group for the rezoning and allowed for amixed-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 on April 4, 2006. Mr. Dorling stated based on changes in the market this is now not a viable project. At its meeting of November 20, 2006, the Planning and Zoning Board held a public hearing on the AC zoning request (its original zoning). There were two people from the public that spoke in support of the rezoning. At that time, this was put on hold and is now being reactivated. Mr. Dorling stated since the first reading was more than a year ago, it was suggested that a new ordinance be created and rescheduled for this first reading. At its meeting of December 5, 2006, the City Commission recommended approval. Mr. McDuffie asked if the residents were re-noticed. The City Attorney stated this is an advertised first reading and does not require individual notices. Mr. Fetzer stated at the last Workshop Meeting there was discussion about the South Federal Highway Corridor and what the City's conceptual plans related to the Comprehensive Plan were. He asked how this fits into that Plan. Mr. Dorling stated this would be inconsistent with it and noted that the direction talked about at the meeting was to encourage mixed-use on the east side of the road and straight commercial as a fall back position when these auto dealerships vacated the site. However, Mr. Dorling stated this rezoning is to accommodate a relocation of an auto dealership more particularly the jeep dealership which is where the CVS is proposed to relocate. The Plan is not to phase out auto use at this time but is to re-establish it here. Mr. Dorling stated it is inconsistent with the future direction. The Plan that was approved that is no longer viable from an economic point of view is the future direction for this side of Federal Highway. -26- 04/01/08 Mr. Fetzer stated he would like to hear more public input at the public hearing regarding this item. Mr. McDuffie moved to approve Ordinance No. 22-08 on FIRST Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager With regard to the complaints the City received regarding Lee's Crossing about the Boy's Market and the truck noise, the City Manager stated the Police Department has received two complaints in March 2008 and had not gotten anything previously until August 2007. The City Manager stated two police officers have been looking into this issue and believe that the noise may be coming from the Post Office and not from Boy's Market but they are trying to investigate it further to really determine what the source is. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. McDuffie Mr. McDuffie stated this past weekend they had the opening ceremonies for the combined Delray American/Delray National Little League and he enjoyed seeing everyone there. On behalf of the Board of Directors of the Leagues, Commissioner McDuffie thanked everyone for their support and for the things the Commission has done in support of this. Mr. McDuffie stated this is thus far an overwhelming success and thanked reporters Diana (Palm Beach Post) and Maria (Sun-Sentinel) for their media coverage of the opening ceremonies. 13.C.2. Mrs. Montague Mrs. Montague briefly commented about the trip she and Mayor Ellis took to Tallahassee and noted things are tight and are going to continue to be tight. She stated the City Commission has some pretty tough decisions they are going to have to make not only this fiscal year but in the upcoming two or three years. Mrs. Montague commended the City Manager and staff particularly Doug Smith, Assistant City Manager, for putting together their talking points and noted they were excellent. Mrs. Montague stated they were very well received by the State Legislators and they distributed copies of the brochure for the record. She stated she is hoping those going to Washington have something similar to what Doug Smith has put together and extended kudos to him. -27- 04/01/08 Mayor Ellis stated the Legislators were very appreciative to receive the brochure and it not only gave the City of Delray Beach's position but the League of Cities position on Bills that were in committees they served on. She stated the entire brochure was very helpful. 13.C.3. Mr. Fetzer Mr. Fetzer stated he is the liaison for the Commission to the Education Board and also to Carver Middle School. He stated he satin discussions about some issues at Carver Middle School particularly related to discipline. Mr. Fetzer stated Carver is faced with a situation where due to the bus schedules classes do not start until 9:30 a.m. and they had a large number of their students showing up at 8:00 a.m. with nothing to do. The Education Board discussed whether or not the City could do something to help. Mr. Fetzer stated he went to the City Manager and asked if he could pull together a meeting with the Police Department and the Parks and Recreation Department and some representatives from the Education Board. Mr. Fetzer stated the City Manager did this and they continue to work on things that the City could do and this is a good example of how Delray Beach is pro-active with its schools. The Parks and Recreation Department has developed a before school program now and the Police Department is working toward implementing a Police Academy Program there. Due to resource constraints with the police, they cannot be there right at this time but they are starting to involve some police officers. Mr. Fetzer stated he is very pleased with how the City has pulled together with the Education Board to address some of these issues and thanked the City Manager for his leadership. Secondly, Mr. Fetzer stated regarding the surveys for the historic districts that the City wants; he understands there is not going to be any funding. Mr. Dorling stated on the Marina District the City did a Request for Proposal (RFP) and received two responses. One was very high and one was more reasonable. Mr. Dorling stated in the next week staff will be getting ahold of that reasonable respondent and expediting that process which should occur in the next few weeks. The deadline is the end of April and this is in the budget. The other four were being ranked yesterday and staff will know on Wednesday; however, Mr. Dorling stated he feels confident that the City will be ranked fairly high. Initially they had concerns that they were going to get no money, however, this turned around yesterday and they now think they will get some money. He stated they received approximately $2 million last year and they feel they will get about a half million or $1 million. Mr. Dorling stated if they get '/z million, the City will get some of what we need and if they get $1 million he is comfortable that we will get all that we need. Mr. Fetzer commented about an article which appeared in Sun-Sentinel News on Friday, March 28, 2008. He stated with all due respect to Maria, the implications were that the prior Commission did not get along and did not work well together and that everything is wonderful now. Mr. Fetzer stated he, Commissioner Montague and Mayor Ellis were all members of that prior Commission and does not feel this was an accurate assessment. Mr. Fetzer stated the prior Commission did have a lot of differences of opinion at times but believes they acted professionally and they had a reputation of "getting things done". Mr. Fetzer stated the article portrayed the current Commission as "laid back" - 28 - 04/01/08 and feels it is very important that the Commission act professionally and respect one another. He encouraged everyone to speak their mind and not necessarily agree with each other's position on every issue because it generates healthy debate. Mr. Fetzer stated he hopes that the present Commission will be independent from the influences of others and continue the tradition of making the most important thing getting things done for the City of Delray Beach. 13.C.4. Mr. Eliopoulos Mr. Eliopoulos stated any good reporter likes to get a reaction out of somebody. He echoed comments expressed by Commissioner Fetzer. Mr. Eliopoulos stated there have been plenty of Commissions in the past that have had problems or that run into issues where they did not agree. Mr. Fetzer stated three members on the current Commission were part of the last Commission and noted the last year was rough, however, that Commission got things done in their tenure and was one of the more productive Commissions that the City has had. Mr. Eliopoulos stated he relies on a lot of our previous Commissioners and Mayors. He stated he respects the previous Commission and thinks they did a great job. 13.C.5. Mayor Ellis Mayor Ellis stated the Commission may not always agree but they do not usually leave with animosity. Secondly, Mayor Ellis stated the opening ceremonies for the combined Delray American/Delray National Little League on Saturday were great. She also noted there were a couple of business ribbon cutting ceremonies over the last week and stated it is important for her to attend and let them know the City welcomes them to Delray Beach. Lastly, Mayor Ellis stated she is looking forward to the Goal Setting Session and meeting with Lyle Sumek. There being no further business, Mayor Ellis declared the meeting adjourned at 8:58 p.m. City Clerk ATTEST: MAYOR -29- 04/01/08 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 April 1, 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. -30- 04/01/08 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR CHEZ MIKA RESTAURANT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use requests has come before the City Commission on April 1, 2008 for a late night business extending the hours until 2:00 a.m. 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 5 No 0 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 andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and trafFc, parks, open space, solid waste and schools? Yes 5 No 0 Subject to the conditions listed in Exhibit "A". ~~em q..~'~~+ r ~ II. LDR REQUIREMENTS: LDR Section_ 2.4.5{E) Required Findinsls: {Conditional Use1: Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditions! 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 5 No 0 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 X 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 tst day of April, 2008, by a vote of 5 in favor of denial and 0 opposed. Rita Ellis, Mayor ATTEST: ~.~~~ Chevelie Nubin City Clerk 2 EXHIBIT "A" TO THE CONDITIONAL USE REQUEST FOR CHEZ MIKA CONDITIONS 1. Applicant must have a uniformed security guard on staff during the hours of 11:00 p.m. and 3:00 a.m. 2. Security personnel will also be available to walk patrons to their cars when needed. 3. Two additional security cameras over the eight (8) currently present must be installed to monitor the parking lot areas in front of and across from the Chez Mika restaurant. The cameras must be able to record at night. 4. No live music in extended hours. 5. No outside speakers at any time. 6. Need to improve lighting in shopping center. 7. All improvements that are required must be in place prior to operating within the extended hours. 8. Must adhere to submitted photometric plan. 3 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 to use the waiver request as to exceed this requirement at the rear entrance, up to 9.0 foot candles and along the perimeter, up to 6.3 foot candles. 2. The Applicant and City staff presented documentary evidence and #estimony 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. WAIVERS: Pursuant to LDR 4.6.8(~)(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{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. Would the waiver of Section 4.6.8(6){3}(c) to exceed the maximum foot candle requirements comply with the requirements of 2.4.7(6)(5)? Yes 5 No 0 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 }gym RDi y1~ 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(8}(3)(c}. Approve Deny X 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 5 in favor and 0 opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 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 be#ore the City Commission on April 1, 2008. The Conditional Use Request is for density in excess of 12 units per acre, up to 24 dwelling units per acre. 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. Com rehensive Plan -Future Land Use Element Ob'ective A-11Future Land Use. Map: Is the property developedlredeveloped 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 5 No 0 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 I~~m 9. g, /I 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 5 No 0 C. Com rehensive Plan - Housin 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, trafi•ic 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 5 No 0 D. Concurrence: Objective B-2 of the Land Use Element ofi 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 #o water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 5 No 0 E. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes 5 No 0 Il. LDR REQUIREMENTS: A. 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: 1. Have a significantly detriments! effect upan the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5{E)(5) be met? Yes 5 No 0 B. REQUIRED FINDINGS REl..ATING TO DENSITY INCREASE: LDR Section 4.4.6(6)(3) RM {Medium Density Residential) Zoning District and LDR Section 4.4.fi(I) Performance Standards apply and are attached hereto to allow 264 rental units in 7 buildings. Are the performance standards in Sections 4.4.6{B){3} met? Yes 5 No 0 Are the performance standards in Section 4.4.6(1) met? Yes 5 No 0 C. Re wired Findin s Relatin to Provision of Workforce Housin . 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. 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 lnfiil 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 PROVIDED VERY LOW fi0% LOW 80% - 61 MODERATE 120% - 81 BONUS PER WORKFORCE UNIT OPTION -RENT PROVIDED VERY LOW 60% LOW 80% - 61 MODERATE 120% - 81 4 3 2 BONUS PER WORKFORCE UNIT 3 2 1 LARGE HOME OPTION 4 + bedroom workforce housing units Additional 0.5 bonus will be added to khe bonus 0 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 1 19.03 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 ! 2 bonus per workforce unit provide = 65.82). Therefore, to obtain the increase density requested, at ieas# 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 units wi[I 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 5 No 0 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 X denies the conditional use as requested subject to the conditions of the P&Z Staff Report (attached as Exhibit "B") and hereby adopts this Order this 1st day of April, 2008, by a vote of 5 in favor and 0 opposed. Rita Ellis, Mayor ATTEST: ~~ '> \~ Chevelle Nubin City Clerk ERHIBIfi "A'~ Conditional Uae liequeat for ~Tilla$es at Delray City Co~ssion order dated 4/1/4$ SECTION 4.4.6 Section 44.6 Medium Densi Resldentlal RM District: (A) Pu ose 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 Southwest Neighborhood Overlay District and the Carver Estates Overlay District where the maximum density is twenty-four {24) units per acre, and within the InfII Workforce Housing Area, where the maximum density is eighteen (18) units per acre. The actual ~fensity of a particular RM development is rased upon its ability to achieve certain pertormance standards which 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 10th Street Overlay District, and the Carver Estates Overlay District, and the Inl•EII Workforce Housing Area, the actual density is also based upon the development's ability tv Damply with Article 4.7 (Family/UVorkforce Housing). further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which call for accommodating a variety of housing types. [and. ord. 24-0r a~a~ro~; land. Qrd. 7-os z~~sio~; ~4md. ord. 4z~~ ~orr-s~ (B) Princi al Uses and Structures Permitted: The following types of use are allowed within the (RM} Districtas a permitted vse: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. {4) An abused spouse residence with twelve (12) or fewer residents. (5) Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in 5action 4:3.3{I). [Amd. Ord. 23-09 511101] (6) Panting lots not associated with a use, pursuant to an adop#ed neighborhood or redevelopment plan. [Amd. Ord. 8-00 4141p0] (7) Pocket parks. [Amd. Ord. 8-00 4!4100] ($) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH}. jAmd. Ord. 24-02 71'[61x2] (C) Accesso Uses acrd Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, playhouses, 4.4-17 SECTION 4.4.6 (H) (6~ (a) (a) Southwest Nei hborhood and Carver Estates Overaa Districts and 1nfi11 Workforce Hvusin Area: Densii~r bonuses above 12 units per acre may be granted as a Condifional Use to eligible properties within the Southwest Neighborhood and Carver Esta#es Overlay Districts, defined ih Section 4.5.9 and 4.5.11, respectively, and within the lnfiil Workforce Housing Area, Section 4.5.92, subject to the regulations set forth ' in .Chapter 4, "Zoning Regulations", and Article 4.7, "FamilyNUoricfvrce Housing'. [Amd. Ord. 7 T-0B 4J4]Q6j; [Amd. Ord, 7-05 21"! 5105 (b} S.W. 90~' # et Overly District: Within the S.W. 10~' Street Overlay District defined .in Section 4.5.90, in addition to ifie perfiormance standarcls fisted in Section 4.4:fi(13, increases to a project's density beyond six (fib units per acre is subject to~ the regulations set forth in Chapter 4, "Zoning Regulations", "Family/Workforce Noosing". [Amd. ord. 9 7-q6 41410~~; [Amd. ord. 7-05 z]9 57os~ (n P®rforrnance Standards: [Amd. Ord 427 90/T/97]; (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. [Amd. Ord 42-97 901T]97j In order to increase a project density beyond six (6) units per ache, 'the approving body, mus# male a finding that the developrrient substantially complies with the performance standards {fisted 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 ~standarcls will determine fine number of traits ~ per acre that will be permitted. ~ For example, if a project meets or~ exceeds all of the standands, and is otherwise consistent with' appNcabie standards and policies of the City`s Comprehensive Plan and .and Development Regulations, the maxirinum density is permitted. Projects which only partially achieve these standards will be permitted a con'espondinglydcwer density. The performance standards are as follows: [Amd. Ord 4297 7Q1TI97] - (a) The traffic arculation system is designed to control speed and reduce volumes on the interior acrd exterior stree# network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. [Amd. Ord 42.07 '1017197] . (b} Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. [Amd. Ord 42,97 9t?I7J9T) 4.4 - 22 SECTION 4.4.6 {I) ('I j {cj (c} Where immediately adjacent to 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 density areas. Building se#backs are increased by at least 25°/a of the required minimum; at least one tree per 3D linear feet (or fraction thereof) is provided, trees exceed the required height at time of planting by 25%r more; and a hedge, wall or fence is provided as a visual buffer between the properties. [Amd- Ord 42-9T 7017/$7) (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (far multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units), Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window muliians, quoins, decorative tiles, a#c. [Amd. Ord 42-97 9017197] (e) A number of different unit types, sizes and floor plans are available within tfie development in order to accommoda#e 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 grid four bedroom units with varying floor plans. [Amd, Ord 42- 97 7 017197] (f} Ths 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. [Arrtd. Ord 42~9T 9017197] (g) The project provides a convenient and extensive bicyde/pedestrian network, and access to available transit. (Amd. Ord 42-97 9017197] (2} his acknowledged that some of the above references standards may not be entirely applicable to small, infill type residential projects. Far those Rro1~s- the ultimate density should be based upon the attainment of those stapndarcis which are applicable, as wail as the development's ability to meet or exceed other minimum code requirements. jAmd. Ord 42-9T 9017197] (3) For vacan# property that is proposed for rezoning to RM with a density suffix, the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of sunnunding property as well as the prevailing development pattern of the surrounding area. (Amd. Qrd 42.97 90!7197] 4.4 - 23 i1;xH~BR "By' List of Conditlons . Far the Conditional Use Request for villages of Delray Dafed Aprif 1, 7D08 1. Approval of the 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 worlorce housing units are sold it should be done in accordance witfi Article 4.7; 3. Tha# greater variety of floor plan designs for the one, two, and bedroom units shall be provided during the site plan review process; 4. That a plat must be processed and recorded prior #e issuance of a building permit. 8. That a bus shelter Basemen#(s) shall be provided on the east side of Aubum 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. fi. That a workforce housing units are rented in accordance with Article 4.7; 7. That the applicant shall coordinate with the Community Improvement Department on renter/buyer eligibility and rent and housing prices; 8. That the applicant shall provide 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. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME~AEDD66 NAME NAME OF BOARD, GOUNC0., COMMISSION, ALfTHORITY, OR COMMITTEE Eliopoulos, Gary P. -elray Beach City Commission MAILING ADDRESS THE BOARD,COUNGIL, COMMISSION. AUTHi)FinY OR COMMITTEE ON 205 George Bush Boulevard wHECHiSERVEISAUNrrOF: GYY COUNTY CrtY D COUNTY C] OTHER LOCAL AGENCY -elray Beach, E~.orida 33444 Palm Beach IanMEO1=POLmcALSt~eawsloN: . DATE ON w'HiCN VOTE OCCURRED MY POSITION IS: D ~1 ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 86 This fomt is for use by any person serving at the county, ci#y, or other local level a# govemment on an appointed or elected board, oounal, commission, authority, or committee. it applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you i,ave a conflict of interest will vary greatly. depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this #orm before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3943, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or toss: Each- elected or appointed focal officer also is prohibited frem knowingly voting on a mea- sure which inures to the special gain or loss of a principal {other than a govemment agency) by whom he or she is retained (including ttte parent organization or subsidiary of a corporate principal by which he or she is retained}; fo the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. ~ 63.356 or 163.357, 1=.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother. sister, fa#her-in-law, mother-in-law, soMn-law, and daughter-in-law. A "business associate" means any person or entity engaged Ira or carrying on a business enterprise with the officer as a partner, faint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed an any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE 6EING TAKEN by publicly stating to the assembly the nature of your inieresl in the measure on which you are abstaining from voting; and WITHW 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL 8E TAKEN: - You must complete and fle this form {before making any attempt to influence the decision) with the person responsible far recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1!2000 PAGE 1 ~~"en~ I2. A APPOINTED OFFICERS (aQntinued • A copy of the foriti must be provided immediafely:to the other members of the agency. • The form must be read publicly at :the next meeting after the form is filed. IF YOU MAKE NO:ATTEMPT TO INFLUENCE TFiE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your oonftid in the measure;, before partiapating. . You must complete the form and fife it`within 15 days a4'ter the vote occurs with the'persari responsible far recorrling the minutes of:the masking,-who must incorporate the form in the minutes. A Dopy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting otter the form is filed. . DISCLOSURE OF LOCAL OFFICER'S. INTEREST I, Gary P. Eliopoulas ,hereby disclose that on__ ~~~_~_ _~, , 20 0~~: (a) A measure came or wilt come before my agency which (citieck one) inured to my special private gain or lass; inured to the special gain or loss of my business aissociate: Kuni & Elio}~oulos Architects; 'P . A.',~ ; inured to the specal gain or loss of my relative, ; inured to the special gain or toss whom I am retained; or by inuredao ihe~speaal.gain.or bss of ,. ;• ... ,which is the parent organization or subsidiary of a ,principal which has retained me. (b) The measure before my agency and the nature of my oontlieting interest in the measure is as follows: v ~ r o~ Date Fil Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURlr CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO 1=XCEED $10,000. CE FORM 88 - EFF. il2000 PAGE 2 WORKSHOP MEETING Apri18, 2008 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Brenda Montague in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, Apri18, 2008. Roll call showed Present - Commissioner G ary P. E liopoulos Commissioner Fred S. Fetzer Commissioner Woodie McDuffie Vice-Mayor Brenda S. Montague Absent - Mayor Rita Ellis Also present were - David T. Harden, City Manager Robert A. Sarcinski, Assistant City Manager Douglas Smith, Assistant City Manager Susan A. Ruby, City Attorney Lanelda Gaskins, Executive Assistant/Agenda Coordinator Vice-Mayor Montague called the rr~eeting to order and announced that it had been called for the purpose of considering the following items: WORKSHOP AGENDA 1. Presentation regarding Worthing Place Proiect Construction Impacts Sill Morris, Developer, introduced NTichael Covelli of Covelli Design Associates, Inc. He stated the general contractor would be Coastal Construction; which is headquartered in NTiami, and is the second largest general contractor in Southeast Florida Mr. Morris stated Lisa Hamilton and Les OBrien, two key employees of Coastal Construction Company, as well as Jeff Schneider, Civil Engineer, John Gramaldi and QZris Wheeler; t~ (2) Senior Members were present and would answer any questions and concerns about the project. NTichael Covelli, Covelli Design Associates, Inc. explained his presentation consisted of t~ (2) parts, utility relocation/improvement of some utilities and the logistics of constructing the building He explained the existing alleys near the site that have a number of utilities in them would have to be demolished and re-routed Mr. Covelli explained they would irk counter- clockwise around the site beginning at S.E. 2nd Avenue. He discussed some of the areas that would be affected The consignment shop would be demolished during the second phase of construction and this mould allow utilities to go back out to S.E. 2nd Avenue to go north Mr. Covelli advised duration would be about thirty (30) days to relocate the utilities on S.E. 2na Avenue. The relocation would be FPL, phones and cable wires. Water and suer would not be affected Traffic would also not be affected for fifteen (15) days. Mr. Covelli explained that when the sewer is tied in at the intersection, the road would have to be closed because of the depth and for safety. He discussed the different phases of construction for the project and traffic control during this time. Mr. Covelli mentioned recent crane accidents in New York and Miami and the maintenance and safety measures General Crane and Coastal Construction Company utilizes. Mr. McDuffie asked mould in ground and above-ground utilities be used He also questioned if the crane could withstand hurricane force winds. Mr. Covelli explained a maj ority of the utilities would be in ground Mr. OBrian explained the cranes could withstand Category 5 force hurricane winds. Mr. Eliopoulos declined to comment because of his business relationship with the applicant. Mr. Fetzer thanked Mr. Covelli for his presentation He also wished him the best of luck with his project timeline for the relocation and utility improvements. Mr. Morris advised he would try to have weekly rr~eetings with staff. Mr. Covelli informed the Commission that the presentation is a generalized version; there will be some changes once construction begins. Mrs. Montague advised the signage needs to be very clear and asked if there were any concerns. She also asked the duration of the project. Mr. Morris advised the total duration would be about eight (8) months. The Commission thanked Mr. Covelli for the presentation 2. Presentation of Comprehensive Annual Financial Report Scott Porter, Caler, Dontery Levine, Druker, Porter & Veil, P. A., provided a financial overview of the City of Delray Seach, Florida Comprehensive Annual Financial Report for the fiscal year ended September 30, 2007. He stated the City is in good financial condition Mrs. Montague asked how many of the four (4) issues mentioned in the report are being addressed Mr. Porter advised t~ (2) have been addressed and resolved and t~ (2) are in the process. Joseph Safford, Director of Finance, discussed the garage issue which is considered one of the most significant. He advised the paperwork would have to be more accurate. Mr. Safford stated Environmental Services, Finance, the Garage and City Clerk's office would need to meet to discuss further. Apri18, 2008 Mrs. Montague asked about the reserves. Mr. Harden discussed the reserves and the goals of the City to maintain between 15%-25%. Mr. Fetzer advised that 25% maybe unattainable with today`s constraints; however, he is pleased with the 1.3% added to the reserve. Mr. E liopoulos stated he liked the new summary report. It was the consensus of the Commission to accept the Comprehensive Annual Financial Report for fiscal year ended September 30, 2007. 3. Recommendations from Creative City Collaborative Organizational Committee Robert Sarcinski, Assistant City Manager, introduced this item. He stated Nancy Stewart, Qiairperson, Rich McGloin, and Jay Alperin from Creative City Collaborative were present. He provided a list to the Commission of the proposed recommendations researched by the committee. Mr. Fetzer asked who served on the Creative City Collaborative Committee. Mr. E liopoulos stated he liked how the report was itemized He supported the ideas. Mr. McDuffie liked the new voluntary donation for utility bills; he would encourage more things like this. Mrs. Montague liked the report but had a few suggestions. She would like to have some of the institutions the City supports, such as Old School Square and the Garlic Fest, to have a link on the City`s main website. Mrs. Montague also encouraged the Creative City Collaborative to use the Historic Arts Committee. Mr. Fetzer expressed his appreciation in how Mr. Sarcinski presented the item. He asked if the City is clear and in sync with other organizations. Mr. McDuffie asked about branding the City`s website; it is confusing when a search is conducted on the website because the Delray Qiamber of Commerce appears in the results. Mr. E liopoulos asked when the next Creative City Collaborative rr~eeting will be held It was the consensus of the Commission to accept the Creative City Collaborative recommendations. Apri18, 2008 4. Highnoint Sections 5 & 6 Request to Turn Over Roads and Drainage to the City Randal Krejcarek, City Engineer, presented this item. He gave a handout to Commission and discussed background information for this item. He discussed some of the policies of the City for accepting private streets and drainage. Mr. Krejcarek stated Highpoint Sections 5 & 6 requested the City takeover their road and drainage. Mr. Krejcarek stated attempting to carve out public right-of-way and drainage easements within a condominium community may cause other issues such as non conforming setbacks. He would like to know before staff and Highpoint invest time and money into this project whether Commission would seriously consider accepting private streets and drainage. Mr. McDuffie expressed his concern that the City does not know what is in the ground and warned that the City should be careful. He would like to know what is in the ground before he commits. Mr. E liopoulos asked why the City would accept the private streets and drainage, considering the cost may come back for maintenance. He wanted to know how the City would recoup that money. Mr. Krejcarek advised that the City would ask that Highpoint bring the road and drainage up to a good standard that they could be maintained going forward The City would resurface as it does with other public roads when it is time. Drainage, because it is private, now gets a discount on the stormwater assessment which is about 25%. Highpoint would no longer receive the discount. The City would receive this as revenue. David T. Harden, City Manager, explained that the City would also get additional revenue from gas taxes because the tax is distributed based on lane miles that the City maintains. He discussed how in some instances the roads are not properly maintained and it depreciates the property value as a result He suggested that because the City does not have enough information yet, do more research and come back to Commission with an update. Mr. E liopoulos asked if the City has to respond within 90-days. Mr. McDuffie asked how many linear feet of roadway are in the project. Keith Grant, John Grant & Associates, briefly discussed the linear feet, and the televised drainage system. Mr. Eliopoulos discussed the cost to televise the pipes underground Mr. Fetzer expressed sympathy for the costs Highpoint is incurring with increased fees but advised he would have to do what is in the best interest of the City, especially with the constraints of the City. Mr. Grant suggested the City do a study to find out how much revenue would be generated from the surplus and gas tax. Apri18, 2008 Mr. McDuffie asked the age of the drainage district. It was the consensus of the Commission for staff to bring back a report showing the cost versus the revenue for the City. 5. Discussion of Audio /Visual System UvQrade for City Hall Robert Sarcinski, Assistant City Manager, introduced this item. Guy Suzzelli, Chief Information Officer, was also present. Mr. Sarcinski proposed the audio/video equipment in the Commission QZambers, QZamber Ante Roomy Lobby and the First Floor Conference Room be upgraded Qiarles Furmealt, Multimedia Technical Specialist, did a presentation on this item. He advised the current audio/video equipment being used was done as a temporary set-up because of budget constraints and it was going to be renovated in the near future. Mr. Furmealt explained that it is necessary to have much of the equipment replaced which is more stable and upgraded and better quality. He discussed some of the items that would have to be replaced in the QZambers because it is aged and not stable enough for the new equipment. Mr. Furmealt also explained that other groups use the Commission QZambers for meetings and the equipment has to be monitored periodically that knobs and switches have not been moved He advised the expense mould be approximately $38,200.00 for the hardware and $10,797.14 to install the equipment. These numbers are based on the City purchasing the equipment instead of an outside vendor and having a third party rim the lines. Mr. Fetzer advised that the improvements are definitely needed He also advised that it made sense to have the City purchase the equipment as opposed to having an outside vendor purchase the equipment. Mr. Fetzer stated he is supportive of the project and questioned if the funds are available in the budget. He is also happy that this will integrate with the Granicus system. Commissioner Eliopoulos supports this project; he acknowledged he did not support completely doing the QZambers, but thinks the upgrades are definitely needed Mr. McDuffie is supportive of the idea; he is also interested in knowing the cost to televise the meetings. Mr. Harden advised he has the cost to televise the meetings. Mrs. Montague asked if a LCD screen can be placed in the lobby. Douglas Smith, Assistant City Manager, mentioned staff mould like to trench through the First Floor Conference Room to have the cabling come up through the table and he is not sure of the cost for this project. Mr. Furmealt advised the installer would not touch the floor because of an added carpet expei>`se. Mr. McDuffie asked about wireless use. Apri18, 2008 Mr. Furmealt advised because of the size of some PDF files it would take time to download It was the consensus of the Commission to support the project and to include a LCD screen television in the Lobby. Vice-Mayor Montague adjourned the Workshop Meeting at 7:58 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Seach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, April 8, 2008, which NTinutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official NTinutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. Apri18, 2008 WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local goveininent, exists throughout the ~wrld; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the infoxrriation center on functions of local goveininent and coin~nunity; and WHEREAS, Municipal Clerks continuallystrive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, serninais, workshops, and the annual meetings of their state, county, and international professional organizations; and WHEREAS, it is most appropriate that w~ recognize the accomplishments of the Office of the Municipal Clerk NOW, THEREFORE, I, BRENDA MONTAGUE, Vice-Mater of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 4 through May 10, 2008 as MUNICIPAL CLERK S WEEK in Delray Beach, Florida and extend appreciation to our Municipal Clerk, Chevelle D. Nubin and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. 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 15t'' day of April, 2008. BRENDA MONTAGUE VICE-MAYOR WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as parks, water, sewers, public buildings, streets and highways, canal maintenance, and solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works functions is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme is: "The Future is Now". We depend on the men and women who are always there and always ready. NOW, THEREFORE, I, BRENDA MONTAGUE, Vice-Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 18 through May 24, 2008 as "NATIONAL PUBLIC WORKS WEEK" in Delray Beach, Florida, and urge all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. 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 15`h day of April, 2008. BRENDA MONTAGUE VICE-MAYOR WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, Historic Preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride, and maintaining community character while enhancing livability; and WHEREAS, "This Place Matters" is the theme for National Preservation Month 2008 co-sponsored by the Delray Beach Historical Society, Delray Beach Community Redevelopment Agency, and the National Trust for Historic Preservation. NOW, THEREFORE, I, Brenda Montague, Vice-Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 1, 2008 through May 31, 2008 as NATIONAL PRESERVATION MONTH and call upon the people of Delray Beach, Florida, to join their fellow citizens across the United States in recognizing and participating in this special observance. 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 15tH day of April, 2008. BRENDA MONTAGUE VICE -MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Nancy King, Human Resources Consultant/Communications Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: Apri13, 2008 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 DELRAY CAMERA CLUB AWARDS PRESENTATION ITEM BEFORE COMMISSION The Delray Camera Club is a group of amateur and professional photographers who meet twice a month to learn more about photography from one another and from informative workshops, lectures, slide shows, field trips and monthly competitions. Each year we invite the Delray Camera Club to exhibit their work at City Hall. The club's exhibit this year is called "Reflections of South Florida 2008." The winner's of this year's competition are: Third Place Judy Goldston "Miami Snow Globe" Second Place Stuart Freedman "Egrets Together" First Place Tom Rasmussen "Roseatte Spoonbill" On behalf of the City Commission I want to express my sincere congratulations to the winners and to all the talented photographers who entered the competition. MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E.; Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: April 10, 2008 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 GREEN TASK FORCE PRESENTATION ITEM BEFORE COMMISSION Presentation by the City's Green Task Force. BACKGROUND Established by Resolution 67-07 in November, 2007, the Green Task Force convened it's inaugural meeting on February 27, 2008, electing officers and establishing its mission "To define an actionable set of recommendations that enables Delray Beach to implement its current environmental commitments in a timely, cost effective, and citizen centric manner, as well as to explore new sustainability programs ". The Task Force meets twice monthly on the second and fourth Wednesdays from 6 PM to 8:30 PM in the Environmental Services Training Room. Having discussed a variety of environmental issues to date, including proposals for converting City recycling to a single stream method and implementing available technology to establish a baseline for the City's carbon footprint upon which recommendations for environmental initiatives can be based, the Task Force deems it appropriate to report its status and future direction to the Commission. MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E. Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri18, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 ACCEPTANCE OF EASEMENT DEED/ WALLACE DODGE ITEM BEFORE COMMISSION This item is before the Commission to accept an easement deed from Wallace Dodge for water and sewer installation at Maroone Chrysler Jeep Dodge located at 1001 & 1111 Linton Boulevard. BACKGROUND The water and sewer easements are required for City access for any maintenance and operation activities associated with the water and sewer mains being installed. RECOMMENDATION Staff recommends acceptance of the easement deed. Prepared by: RETURN: K. Brian Shutt, Esq. City Attorney's Office 200 N.W, 1st Avenue Delray Beach, Florida 33444 E~ISEML~T DEEC3 'T'HIS I?~TDEIi~"I'UI~, made this day of ~ ~ 20013, by and between WALLACE D®DGE, LLC, a Delaware limited liability company, with a mailing address of 110 S.E. bth Street, 20t~' Flaar, Ft. Lauderdale, Florida 33301, -party of the first part, and the CITY (?F DELRA'Y BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a iriunicipal 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 rrautual promises herein captained and other goad and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement far the purpose of the construction and maiptepance of a water/ sewer main with :full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water/sewer main well under, across, through and upon, aver, under or within the fallowing described property located ip Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and. assigns; of ingress and egress over anal 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 easernents, restrictions, and reservations of record. That the party of the first part agrees to provide far the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect na building or effect any other kind of construction or improvements upon the abave- described property. 1 It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through. or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the carne 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 ~T : (name printed or typed) WALLACE DODGE, LLC, a Dela~are limited liability company ~~~ I3y: i~~Jarries R. Bender, Manager wt~'A WI'T'NESS #2: (name printed or typed} STATE OF COUNTY OI~ Gi (SEAL) ;, 4,~.,. ¢1 rm;ata _: g PlateryP~lic-Siaioa4'Flasl~ . `~,,.~ Corv~nlaolpnaDf~~9028~ 2 SKETCH AND DESCRIPTION WATER & SEWER EASEMENT PORTION OF TRACTS 'D" & 'E" "WALLACE DODGE REPEAT" PLAT BOOK 74, PAGE 9, PALM BEACH COUNTY RECORDS LEGAL DESCR/PT/ON: A PORTION OF TRACTS 'D" & 'E" OF "WALLACE DODGE REPEAT'; ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 74, PAGE 9 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 'b';• THENCE NORTH 24 45 29" EAST, ALONG THE WEST LINE OF SAID TRACT 'E'; A DISTANCE OF 89.56 FEET, TO POINT OF BEGINNING ;4 '. THENCE CONTINUE NORTH 24 45 29" EAST, ALONG THE SAID WEST LINE OF TRACT 'E', A DISTANCE OF 13.21 FEET,• THENCE EAST, A DISTANCE OF 123.07 FEET,• THENCE NORTH, PERPENDICULAR TO THE LAST DESCRIBED LINE, A DISTANCE OF 1200 FEET,• THENCE EAST, A DISTANCE OF 142.31 FEET,• THENCE NORTH, A DISTANCE OF 59.00 FEET, TO REFERENCE POINT A',• THENCE EAST, A DISTANCE OF 258.44 FEET,• THENCE SOUTH, A DISTANCE OF 77.99 FEET,• THENCE EAST, A DISTANCE OF 6.00 FEET,• THENCE SOUTH, A DISTANCE OF 12.00 FEET,• THENCE WEST, A DISTANCE OF 6.00 FEET,• THENCE SOUTH, A DISTANCE OF 19.72 FEET,• THENCE SOUTH 86 23'06" EAST, A DISTANCE OF 70.36 FEET, TO A POINT ON THE EAST LINE OF SAID TRACT 'E';• THENCE SOUTH 02 08 28" WEST, ALONG THE EAST LINE OF SAID TRACT 'E', A DISTANCE OF 12.00 FEET,• THENCE NORTH 8623'06" WEST, A DISTANCE OF 69.91 FEET,• THENCE SOUTH, A DISTANCE OF 198.14 FEET,• THENCE NORTH 89 59'56" EAST, A DISTANCE OF 6.00 FEET,• THENCE SOUTH, A DISTANCE OF 12.00 FEET,• THENCE SOUTH 8959'51 " WEST, A DISTANCE OF 6.00 FEET,• THENCE SOUTH, A DISTANCE OF 34.82 FEET,• THENCE NORTH 8959 24" WEST, A DISTANCE OF 36.69 FEET,• THENCE SOUTH, A DISTANCE OF 21.37 FEET,• THENCE WEST, A DISTANCE OF 12 00 FEET,• THENCE NORTH, A DISTANCE OF 21.37 FEET,• THENCE NORTH 89 59 24" WEST, A DISTANCE OF 119.91 FEET,• THENCE SOUTH 00 00 22" WEST, A DISTANCE OF 30.63 FEET,• THENCE NORTH 8959 24" WEST, A DISTANCE OF 29.63 FEET,• THENCE NORTH 00 00'36" EAST, A DISTANCE OF 6.00 FEET,• THENCE NORTH 8959 24" WEST, A DISTANCE OF 6.00 FEET,• THENCE NORTH 00 00'09" WEST, A DISTANCE OF 24.63 FEET,• THENCE NORTH 8959 24" WEST, A DISTANCE OF 53.64 FEET,• THENCE NORTH DO 06 22" WEST, A DISTANCE OF 282.65 FEET,• THENCE WEST, A DISTANCE OF 19.16 FEET,• THENCE SOUTH 00 00'02" EAST, A DISTANCE OF 11.00 FEET,• THENCE SOUTH 8959 58" WEST, A DISTANCE OF 12.00 FEET,• THENCE NORTH 00 00'04" WEST, A DISTANCE OF 11.00 FEET,• THENCE WEST, A DISTANCE OF 111.25 FEET,• THENCE NORTH 00 07'47" EAST, A DISTANCE OF 1.00 FEET,• THENCE WEST, A DISTANCE OF 128.56 FEET, TO POINT OF BEGINNING A LESS THE FOLLOWING COMMENCING AT REFERENCE POINT A ; THENCE SOUTH 45 00'00" EAST, A DISTANCE OF 16.97 FEET, TO POINT OF BEGINNING B;• THENCE EAST, A DISTANCE OF 234.45 FEET,• THENCE SOUTH, A DISTANCE OF 342.69 FEET,• THENCE NORTH 895924" WEST, A DISTANCE OF 233.90 FEET,• THENCE NORTH 00 09'40" WEST, A DISTANCE OF 19.92 FEET,• THENCE NORTH 8953'36" EAST, A DISTANCE OF 26.60 FEET,• THENCE NORTH 00 06 24" WEST, A DISTANCE OF 12.00 FEET,• THENCE SOUTH 89 53 36" WEST, A DISTANCE OF 26.60 FEET,• THENCE NORTH 00 06'05" WEST, A DISTANCE OF 238.74 FEET,• THENCE EAST, A DISTANCE OF 7.90 FEET,• THENCE SOUTH, A DISTANCE OF 233.00 FEET,• THENCE EAST, A DISTANCE OF 12.00 FEET,• THENCE NORTH, A DISTANCE OF 257.00 FEET,• THENCE WEST, A DISTANCE OF 19.95 FEET,• THENCE NORTH, A DISTANCE OF 47.00 FEET, TO POINT OF BEGINNING B'. TOGETHER WITH THE FOLLOWING.• COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 'D'; THENCE SOUTH 6574'31" EAST, THIS AND THE FOLLOWING TWO COURSES BEING ALONG THE NORTH LINE OF SAID TRACT 'D', A DISTANCE OF 60.79 FEET,• THENCE SOUTH 00 09'08" EAST, A DISTANCE OF 119.83 FEET,• THENCE NORTH 8950 52" EAST, A DISTANCE OF 82.39 FEET, THENCE SOUTH 00 44 57" EAST, A DISTANCE OF 1.18 FEET, TO POINT OF BEGINNING 'C;• THENCE NORTH 8836'53" EAST, A DISTANCE OF 27.82 FEET,• THENCE SOUTH 00 04'38" EAST, A DISTANCE OF 12.00 FEET,• THENCE SOUTH 8836'53" WEST, A DISTANCE OF 15.68 FEET,• THENCE SOUTH 00 44'57" EAST, A DISTANCE OF 20.69 FEET,• THENCE SOUTH 89°15'03" WEST, A DISTANCE OF 12.00 FEET,• THENCE NORTH 0044'57" WEST, A DISTANCE OF 32.56 FEET, TO POINT OF BEGINNING 'C'. SURVEYOR'S CERT/F/CATE.• SURVEYOR'S NOTES• 1. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR & MAPPER. 2• BEARINGS SHOWN HEREON ARE RELATIVE TO "WALLACE DODGE REPLAY'; RECORDED IN PLAT BOOK 74, PAGE 9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. 3. THIS lS NOT A LAND SURVEY. SHEET 7 OF .3 ,BS®LUTE SURVEYING INC. LAND SURVEYORS 215 GOOLSBY BLVD. DEERFIELD BEACH, FL 33442 (954) 421-4170 LICENSED BUSINESS No. LB6218 l HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION" lS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. l FURTHER CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61 G 17-6, FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472-027, FLORIDA STATUTES DATE.• REVISION SKETCH & DESCRIPTION REVISE PER COMMENTS BY.• MICHAEL D. KLIMKIEWICZ PROFESSIONAL SURVEYOR & MAPPER FLORIDA REGISTRATION No. LS6611 PROJECT No.: 008 DWN DATE FB/Pg. CKD LD 1-25-08 MRM LD 4-10-08 MRM r~V / ,rye h c~~` ry EAS ~ ~ ~ POB A' ~ WEST ~~' / W LINE TRACT 'E" ,~ ~h / ~~ ~ POC NW CORNER TRACT 'D" ~P QP / u-y ^~ ~ J~ O~ ~ / ~ ~~ ~ ~~Q' Q ~~ ~ O O O SKETCH AND DESCRIPTION WATER & SEWER EASEMENT REFERENCE POINT ;4' PORTION OF TRACTS 'D" & 'E" "WALLACE DODGE REPEAT" ~ PLAT BOOK 74, PAGE 9, PALM BEACH COUNTY RECORDS Q POB B' O Z ~ J ' 0 o EAST 142.31 L29 N T l23 07' 2 L l 7 L27 (28.56' N WEST 111.25' N ~^ J ~' L l9 ~' LINE TABLE LINE BEARING LENGTH L 17 WEST 99.96' L 98 S00 00'02'E 9 9.00' L 99 S89 59 58"W 12.00' L20 N00 00'04 "W 9 9.00' L29 N00 07'47'E 9.00' L22 S45 00'00'E 96.97' L23 N00 09'40"W 99.92' L24 N89 53'36'E 26.60' L25 N00 06 24"W 92.00' L26 S8953'36"W 26.60' L27 EAST 7.gp' L28 EAST 92.00' L29 WEST 99.95' L30 NORTH 47.00' L39 S00 44 57'E 9.98' L32 N88;3653'E 27.82' L33 S00 04 38'E 92.00' L34 S88 36 53"W 95.68' L35 S00 44 57'E 20.69' L36 S89'95'03"W 92.00' L37 N00 44 57"W 32.56' N89 50'52 "E ~ 82.39' N LINE POB 'C'am TRACT 'D" J SURVEYOR'S NOTES: 9. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR & MAPPER. Z BEARINGS SHOWN HEREON ARE RELATIVE TO "WALLACE DODGE REPEAT; RECORDED IN PLAT BOOK 74, PAGE 9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. 3. THIS lS NOT A LAND SURVEY. ,BS®LUTE SURVEYING INC. LAND SURVEYORS 215 GOOLSBY BLVD. DEERFIELD BEACH, FL 33442 (954) 429-4170 LICENSED BUSINESS No. LB6298 PORTION TRACT 'E" .~ - --- ~ -- W Z tl. PORTION ~4J ~ „ ~ TRACT D o o m W ~ N J a LEGEND: Na 53 644 w N W POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT SHEET 2 OF 3 PROJECT No.: 00860 REVISION DWN DATE FB/Pg. CKD SKETCH & DESCRIPTION LD 1-25-08 MRM REVISE PER COMMENTS LD 4-90-08 MRM N °o O h ,.,j N N 3 N 3 ~ ~ ~ co A 2 A O 2 O ~ 2 EAST EAST 258.44' 234.45 LINE TABLE LINE BEARING LENGTH L 1 EAST 6.00' L2 SOUTH 12.00' L3 WEST 6.00' L4 SOUTH 1g. 72' LS N8939 56'E 6.00' L6 SOUTH 12.00' L7 S89 59 51 "W 6.00' L8 SOUTH 34.82' L9 SOUTH 21.37 L 10 WEST 12.00' L 11 NORTH 21.37' L 12 S00 00'22"W 30.63' L 13 N89 39 24 "W 29.63' L 14 N00 00'36'E 6.00' L 15 N89 39 24 "W 6.00' L 16 N00 00'09 "W 24.63' SKETCH AND DESCRIPTION WATER & SEWER EASEMENT PORTION OF TRACTS 'D" & 'E" "WALLACE DODGE REPEAT" PLAT BOOK 74, PAGE 9, PALM BEACH COUNTY RECORDS o~ I ~ I O I Ll I ~ ~ N t N J ~ S86'23'06 "EI e ''~ J 70 36' 3 ; DO ON N8673'06 "W N A N 69.9f' ~ ~ ~ I '~ E LINE TRACT 'E" ~ .~ ~ W °' ~ ~ ~ Q W I ~ ~ _J ~ O ~ o J m I ~ ~ 2 a I 0 ~~ ~ o a, I SURVEYOR'S NOTES• PORTION 1. NOT VALID WITHOUT THE SIGNATURE TRACT 'E" AND ORIGINAL RAISED SEAL OF A I FLORIDA LICENSED SURVEYOR & ' MAPPER. - - - - - - - - - - - - 2. BEARINGS SHOWN HEREON ARE L5 RELATIVE TO "WALLACE DODGE PORTION ~ I REPEAT ; RECORDED IN PLAT BOOK TRACT 'D" J 74, PAGE 9, OF THE PUBLIC 7 RECORDS OF PALM BEACH COUNTY. I 3. THIS lS NOT A LAND SURVEY. N89'S9'24"W 233.90' ~ I LEGEND: POB = POINT OF BEGINNING N89'S9'24 "W > >g, g /' •~ N89'S9'24 "W ° I POC = POINT OF COMMENCEMENT N ~ ,,' 36.69' ~ J ~! L 10 ~ SHEET 3 OF 3 L 13 PROJECT No.: 00860 A B S®LU TE REVISION DWN DATE FB/Pg. CKD SURVEYING INC. SKETCH & DESCRIPTION LD 1-25-08 MRM LAND SURVEYORS REVISE PER COMMENTS LD 4-10-08 MRM 215 GOOLSBY BLVD. DEERFIELD BEACH FL 33442 , (954) 421-4170 LICENSED BUSINESS No. LB6218 W r}n+ ~ z ~/ W ~^^.'L ^W W n~ Ww `~T/ • L U 0 0 c~ -- =a a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a ~_ C~ U (~ N m (~ L 0 0 N r MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri16, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 REQUEST FOR SIDEWALK DEFERRAL/413 S.W. 6TH AVENUE ITEM BEFORE COMMISSION Deferral of sidewalk installation in front of 413 SW 6~' Avenue. BACKGROUND This is a single family residential lot located at 413 SW 6~' Avenue that is owned by the Delray Beach Community Land Trust. The existing street was built almost completely on the eastern half of the existing 50 foot right-of-way and as such leaves no room to install a sidewalk. The property (413 SW 6~' Avenue) is on the east side of the street. There is an existing sidewalk on the west side of the 400 block of SW 6~' Avenue. Sidewalks will not be installed on the east side of the 400 block of SW 6~' Avenue until such time that the street is moved to the center of the existing right-of-way. RECOMMENDATION Approval of sidewalk deferral. Prepared By: RI~.TIJRN TO: R. Brawn Shutt, Bscl. City Attarney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT IOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 2Q0~, between the City of Delray Beach {hereinafter the City) and Delra Beach Communit Land Trust, Inc. (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along ~. , SW stn Avenue until such ti~~ne as tl~e City requests the construction of the sidewalk. by the Owner. WHEREAS, Land Development Regulation Section 6.1.~(C) requires the installation of a sidewalk, within the SW C~~' Avenue right-of.--way immediately abutting the subject property, by the Owner prior to tl~e issuance of a certificate of occupancy; and, WI-IEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section b.1.3(D)(l){b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner con tr~~ct the sidewalk. S: IEragfldrrii~xlSideivalkDeferrcals'~~~1d/ 6th ~ve'1AI3 sw 6t12 av st~d~iva~llc defe~'rcal agmt.doe WITNESSETH NOW, THEREFORE, in witness of the above and in consideration ofthe City agreeing to waive the requirement far the installation of a sidewalk, at this time, for the property located at: 413 SW bth Avenue l}CN 12-43-46-20-01-001-0091. SUB OF SECTION 20-46-43 N S 1 FT OF S 153 FT OF W 122 FT OF N ll2 OF E 1.12 OF LT l ILESS W 25 FT/ 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the SW 6'~ Avenue right-of--way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the currcnt ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreerr~ent set their hands and seals this day of , 200_. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Mayor Approved as to form and sufficiency: City Attorney S: IE'ng.4dminlSidewalk DeferralslSW 6th Ave1413 s~~ Gth. av sid~valk deferral agmt.doc WITNESSES: ~" (Please type or print name) .. '~ ., {Please type ar print xame) STATE OF ~. ~ ~~ COUNTY OF ~~ ~,,~` ) OWNER: ..:-~ B ~ ~~ - ~r ~, :" ..~- BEFORE ME personally appeared -s~~ ~ ~ . ~~ ... v~ who ~ [are] personally known to me or [hash [slave] produced ~a [and respectively] as identification, and who ex cuted the foregoing instrument, az~d acknowledged before me that [he] [shed [they) executed said instrument for the purposes expressed therein. WITNESS zny stand and official seal this ~~~ day of ~~. ~ 20~`~. NIy commission expires: Notary Public ~®~c~~ ~u~~r h~;,tary F~ut~t"~c StaC~ n(Florida Ev®lyn S i?absan ,e~ ~ _ o~ fi9y Commissiai~ L}C~678725 ~~'oo-~~'~ ~xpir~s fl512872fl~ 2 agl~sidewalk defena[ ag;~eeent (Seal) S: lEngAdnainlSidewalk DeferralslSW 6th Ave1413 stv 6th av sid~valk deferral agmt.dvc L ~ o a ~~ ~~ ~~ ~ M ~ ~ •- ~ =a a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a 0 0 N r MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri17, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 SERVICE AUTHORIZATION NO. 1.7/PGAL ITEM BEFORE COMMISSION This item is before the Commission to approve Service Authorization No. 1.7 in the amount of $10,367.50 to PGAL for additional threshold inspection services required for completion of the Old School Square (OSS) Parking Garage Project #2004-044. BACKGROUND Professional threshold inspection services for this project were based on an estimated hourly rate. Testing and inspections were conducted as required throughout the project. The total cost for the testing and inspections exceeded the estimated amount by $10,367.50. PGAL has submitted the attached service authorization for the additional amount. The threshold testing and inspections were conducted by Tierra, Inc., the geotechnical consultant for the project. FUNDING SOURCE Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Improvements Other/Old School Square Parking Garage). RECOMMENDATION Staff recommends approval of Service Authorization No. 1.7 in the amount of $10,367.50 to PGAL for additional threshold inspection services required for completion of the Old School Square Parking Garage Project. April 2, 2008 Ofd School Square Parking Garage -City P.O. Number: -City Project Number: 2004-044 City Expense Code: 380-4150-572-63.29 -Construction Administration Phase Additional Service Authorization -Additional Threshold Inspection Services ~ a ~~~3 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the professional services agreement referenced above. The changes to the indicated Scope of Services described in Exhibit `A', Service Authorization No.1, dated August, 2004, between the City of Delray Beach and Pierce Goodwin Alexander & Linville (PGAL), to furnish Professional Qesign Services for the Old School Square Parking Garage as identified below. I]escription of Additional Services: Professional Threshold Inspections Services for this project are based on an estimated hourly rate. i-fawever, due to the extensipn of the construction schedule, additional testing and inspections were required to successfully complete the Old School Square Parking Garage project. Corrapensation: ,t The fee for the Additional Services will be a sum of $10,367.5©. All work has been completed for this service and fees are due and payable as soon as possible. Completion Date: The Additional Services are complete. 791 Park of Commerce Blvd. Suite 400 Boca Ratan, FI 33487 ("f") X61 988 4002 (F) 561 988 3002 AA 0003337 Ei3008240 P:104014.00 O5S Perking GaragelOSS Projack Phase 3-51A. Project Managsment116 Additional 5erviceslService Authorization Additional Threshold Inspections.doc Page 1 of 2 This Service Authorization is approved contingent upon the city's acceptance of and satisfaction with the completion of services rendered. if the city in its sole discretion is unsatisfied with the services provided in this service authorization, the City may terminate the contract without incurring any further liability. Approved by: City of I~e[ray Beach Date: Mayor Witness Witness Approved as to Legal Sufficiency and Form Consultant: Pierce Goodwin Alexander & Linville (PGAL) [date: ~ ~ ~~ By: ~~J Attest: ~`~ "`y" BEFORE ME, the fa~going instrument this ~.~.__ day of ~~, t..u- ~_, 2008, was acknowledged by Ian A. Nestler nn behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in The Count and State Y aforesaid this ~`~ day of ?~-' L-- , 2008. Notary Public State of Florida My Commission Expires: ~ ~ © ~ ~ POBI~IC•S'~'E OF F~~OA ~~ ~~ ~®II3iI1.1.$S101t ~ ~~~~~~~ Expares: JU~1~ 2®, 2Q09 bonded 7'hru Rrlantic Bonding Co., Inc. 791 Park of Commerce Blvd. Suite 400 Boca Raton, FI 33487 (T) 561 988 4002 (F) 561 988 3002 AA 0003337 EB008240 P:104014.00 OSS Parking GaragelnSS Project Phase 3-51A. Project Managernentl'f6 Rdditicna! SeroiceslService Authorization Rdditiona! Threshold Inspections.dac Page 2 of 2 r~~r u r r ~uuo i r, 3 r 1 ~o~ ~~s~csrrr~.~ I-'la~-lL. P~G~ ®105 PG.aL C~6~TIFIL9 4R9Gii~A[. ~~ ~~~~ C'.{^ Mr. Richard NaEca City csf i~eiray Beach Merch 5, 2008 100 NW 1st Avenue Invoice No. 10022908 Delrey Beach, FL 33444 Project Na: 718.D401~4,08 Re: ®5S Ga~r$ge-Addi#ianal Inspec4ion Services For professionaf services rendered through January 31, 2E1A8 Project # 24{34.OA.4380-4150-572-83.29 P.Q #649231 C©nsuEtsnf i=xpertses Tierra, Inc. 7'o~al CorssrrPtant Expenses Cost Markup Amount $1,9t}8,50 ~'otal Current SHllir~g 4 ~ Apprc~v~l $1,908.50 7'~]fi mark of Cornme;~s 8fvd, ~u'dc dL1fJ L~nr..~ A~s.~n, Fi_ 33~1B7 tE'] 56^ 988 ~d02 (FJ 5G~ 988 3QCs2 M C7©Q3337 EBC7C70062Q~3 ~. PG:1L ~, Mr. Richard Hasko City of Delray Beach 1 QO NW 1st Avenue Delray Beach, FL 33444 Re. ®SS Garage - Addit"ronaf Inspection Services For professional services rendered through C3ecernber 31, 2007 Project f# 20D4-D44380-4'I50-572-63.29 P,D. Consultant Expenses Tierra, Inc, Total Consultant Expenses Total Current Billing ~~.. t~ Approval January 31, 2©0$ Invoice Na: 10022p34 Project No: 718.Q4014.g8 Cast Markup 7,690.00 10.00°/n Arl~aunt 8,459.00 $8,459.D0 $8,459.DD ~~E~~~ MRR 2 ~ 2008 791 Park of Commerce Bivd. 5~€ite 40D 8cca Ratan, FL 33487 [TI 56'f 988 4002 [FI 56"1°' ~'~~~ AA Dg03337 EBC~f~008240 C a 0 n m L lj] Q .;. ~ ~ GE9TCCHNICAL . MA78&]ALS FNGtNEF.R[NG ~~ ~ r~~ ~~~~~~~ invoice #~ Service Period Date p ~ 61483 11/30/2007 ~ ~ Bit! To: PGAE. 791 Park of Commerce Baufevard, Suite 4q0 Boca Raton, Florida, 33487 1 ~"" {~.i C..3 ~ ®ue fasts ~ 1''"~ 12!3012007 ~4ttn: Mr. Bruno Phillips P.ID. Numbs Terms Projectl.lah # ProjectlJob Name l~let 3fl 6611-06-456 Qid Square Parking Garage Re~3grt l~e~Ort NO. Date ~eSGriptiOCi G~uantity Rate AmOLltit 92 11/02/07 Fuld 0}ensity lest (minimum 5} -each 5 2fl.00 100,00 93 11fA5/07 Field Density Tact (minimum 5} -each 5 20.00 100.00 94 11/06/07 Field Density Test (minimum 5} -each 5 20.00 1 n0.00 85 11106/07 Field Density Tes# (minimum 5} -each 5 20.00 1pp,nn 96 19106/07 Field Density Test (minirrtum 5} -each 5 20.00 900.00 97 11146107 Fie~id Density Test (minimum 5) -each 5 20,00 900.00 98 91!01107 iVfoditied Proctor Test -each 1 85.00 85 00 99 111n8l07 Field Density Test {minimum 5} -each 5 20.00 100.0© 100 11108/07 Field Density Test (minimum 5} -each 5 20,00 100 00 101 i 1108107 Field Density Test (minimum 5} -each fi 20.gp . 100.00 102 11l081n7 Field Der~,sity Test (minimum 5} -each 5 20.OD 100.00 903 11!12107 Field Density Test (minimum 5} -each S 20.00 100 00 104 11!13107 Field Density Test (minimum 5} -each 5 213.00 . 100 00 1 D5 11f13J07 Field Density Test (minimum 5} -each 5 20.00 , 100.00 1 D6 ? 1114107 1=ieltt Density Test (minimum Sj -each 5 20.00 160.0(1 107 11/18107 Field Density Test (minimum 6} -each 5 20.D0 100.00 Senior Geotech Engineer, P.E. -hour 2 76.00 15D.00 V ~s~ [ ~~~~ r4Y~! Da e ~ ~ b C R Accou MaorJnt Ph Check # Check Data ~w.,,~ ;,....J.. TOTd1L $1.735.©0 TOTAL BILLED TO DATE _ $33,221.00 Project Limit = $27,400.00 Remaining Balance = -$5,821.00 Work PerFormed By: 'Tierra, inc. -West Paim Beach, Florida. -Phone; {561} 687-8536 REMIT TO ADDRESS: 7805 Professional Place, Suite A Tampa, FL 33837 f RB4T1fOfS1tECAL ~ AfIC{7WV.Ci xNan+sxnntn B[ti To; PC~RL 79'i Park of Cammsrce Boulevard, Su~ke 4Qp 9oca Ftatorl, 1=farlcfa, 33487 Attn: Nir. BrUlIO Phtilips D~#e txate 14113p12Ctp? P,Q. lrEumbe i'srrns Pro~ectfJob ;~ ~'ro so9l.~ab hfaEtta Ns# 3~ ~ fi64~-06ut5S O ld S ~tsre ~rislrt C~srs e Report Repor9 ~ . SVn. ©eto #7eserE tton Quan#IE Rate Amount 85A (lg106rD7 Fiulld4ng~lnspeotor-her 3 56.Op - 985 OQ tiBA UBl#'t1oT Hufldinplnspanbr•hQSer 3 x,06 , 185 0 87A 48124{o7 S~Idfnglnspeoiar-hattr ' 3 86.W . 985.pp Fiueshafd cnglnear, P.E. » finer 3 85.40 286.Od Y C11. l ~ G V 1» 19 W .~-„~,.i...,L..~ . {~J ~~ ii pp ~~ pp ccp rr~ '1~~j APt;#~~~ii~7 E3Y • ~1A~~ ~ . '~~ r 717TA#. 78R,flfl TOTAI.9iLl.EL1 ro r3A'i'E = ~2U,800.40 Prc~ac#Liml#~ $92,980,01} E~emsinln8 @a#anae = -$0,82fl.46 Work Perform®d 8y: 7terra, ina, » IdVast Paint f3sach,l=lartda, - Pitans; R~M1T TO A17[~R1SS: 78I?6 profasa[t~rsal Placo, Suite A Tampa, Fl. 33687 (,. Involae # Servlas Psrtod pate 6'144 ~l30I~t}07 . { 887`•Ba38 } ~~~~~ a9uYnnC7EH1pRf.. NRT7NtR3:t dnanaaunnaa SEli T4: PGrAL 799 Perk of Cntnttter~ Boutavard, Suije 484 Boca Ratnrt, htor9da, 33~48T Attn: EvEr, i3runn Phlltlps fnvalne # Servlca Period IDato 612h3 9/8012847 Due bake 94/3()12487 P.Ci, Nurrske 7'8rrrts Pre sctlJob# ~ ectlJnb ~lar~-e Exsport Na. feet 30 fisport (Jets @81'S-ll6-466 QId 3ouate Pa In Ga e Rescrt #Enn Qctafrttty Ixate Atnottnt 8i A2 83 t19f~0l07' l3Bf2DfQ7 t}9l211R7 Madtf#6d ['raafcrr Teat - eaah F1eMfJensltyTest(nitnlmUm8j-8ach ~'tald Dens€ly Teei (mfnlmuln 5a ~ Bach Sentar Deutsch gfnear, P,E -hour ~~ 1 5 8 1 . ~3 85.1)0 20.00 25.0{] 75.i}0 85.00 19U.p0 100.fl0 7G.00 P~o,r~c; Eba. ~r~f~l~! .~o ~ .. ~~t~~~~~sA~~ ~ ,~... Ica ~ APPtJVEr~ ~Y ~ ~3~`6~ r ~ '~ . . ~~ ~ . rnT,~.. ~~3aD.4o TOTAL Blt.t..trD TO DATA ~ ;8,491,0(1 "~'~` Prujeatf~rnit= $15,220,n0 Ramalning Bnlanc~_~ ~G,729.00 Wor{c performed Hy: 7kerra, Inc. -West Patrtt beach, 8'tartda. ~ Thane: EiERtSIT Tt] AC1pF2ES8; 7805 Praieasinnal Place, Butte A Tam~+s, Ftw 33837 ~-='~ .~ ,~~~, ~' 4 ORI7r17C,SllilL'hl. ~ !AA'[HA1hLS gNGfrikGR€tiU B[II To: t~GA.L ~g~ ~al~{ Of ~'+Or11Er#erae Bout$verd, st~~t8 ~{~ flaca Ratan, ~1arlda, 3387 Aftrt: A+Ir. Bruno Phil3tps ~~RV~C~ ~FVQI~.~ lnvalce # Servic$ f erfod Daf B'li05 813'1f2Q~7 iDt16 ~3at9 ~_ 9f3i}l2f)07 P.ta. Number Terms Pro actJ.toi~ ;f} PE•o act{Job Name Nei 3tt 869 -08.4 9 Old S oars Paricln >~ara a I~apESrt RBPAr# No. 90a#a D8acr1 #lnn Ruantl Rats Arrraunt E37A E#E1R 90A 70A 71A 7?A 73A 7bA 76A 79A 77A 74A 79A 84A 84A B2P, R3A dbA 0i!lD1ICS7 081i311D7 09!02107 t#8I0310T 081D8107 q&iiSF107 081(39147 48!10107 DE3J13147 04f1blD7 t18f15f07 40/16f4? 06t2D10? 08t21Tp7 Ot3l2df0? 48I2q/0? OB129l07 OiS13it07 B~Iding Inspector-haur I~ullding #nspeolar-hour Ttrrashaid Engineer, P.t;. -haur 8ugtlfng inapedar -hate 8ulfdlrrg tr~rpector-hssur ~ EuiiriirtgEnapac~tu'-hour Bu#[dlr7g ir>6pectar-hour' 8ulldittgkaspeclar-hinx Hul#d;t7g th9peCtOt-hotu t3a#Idfng#napeclpr-hour Bu#Irting #napectar-haur 6n#3d#rsg tnapacEOr- 3wur [3ultdlrrg #~aspe~rr'- ht3ur pup[E#r39 lnsprsclcu-hour 0salldlrlg €nspsoEOr -hour HuRd#ng Ensgsctar-hour' Bulkling 3nspeGar ~ haur eullrAsrglnspec4ar-hour Thteahnk3 E_ng#ng8r, P.E. -hour 3 2 3 3 8 ~ 3 3 3 8 4 3 a 3 G 9 8 9 8 Sa.00 G5.OtF 9G.00 55.OD 55.00 55.00 55.00 SGG,t}4 56.4D 58.OD 55A0 55.oD 56.04 9G,4D G6,OD .65,pD 65.04 65,DD 95,pt3 ~ iS5.4D 110.00 Zgg,p0 983.pp 196.D0 195.00 186.tH? 1g6,p4 38G.04 195.!'H] 220.D0 195.D4 785.Ek7 i85.0S3 195.00 195.44 196.DR 195.40 ~T5,04 t? 1 [3 ~~** l~7~r11 ~~ ~~pp ~N~~~y ~~~~ L' L 1 k '. ~ ~ r~ ry 1 e p ~ ! pp p \~ 3^~~ ~~ 'dlG i t i l ~ Rln iV4! f ,t w t ~~ yy nr y/ ` r n ~~5 Hr~~V U~L7 ~ 1 {~p.p~ SJl'fi ~ ?' '"' • ~~~' TflTA1. _~3,565.tkf} ToTAI.831.I.Et7 Td DR'tE ~ $20,0?A.LE0 Pra~ect EJmI! = $12,1&q.04 F~emulnlnOButence~ -S7,t14ff.OD Eric. Fhatta: (561) 867.8538 ~''~~, €. ~~~~° -•; ~"1 - `~i 7-TO AC~bR~SB: fi~rofossfon~ Place, Suite A ie. FL 33837 ~~. ~~:~ ~~~~~~ ~iV~~G'~ ~, ~~~. a~p~~~, • Mnsmv.+ra InvcEce ~ Service Perfad Drd4e ,w~ananro 631Q4 8#39(2~A7 BiII Ta: PGAL 781 Petit of Commerr..a Baulevsrd, Sui4e dt3D pus Hate l3oaa Ratan, Florida, 33487 9l34124g7 Attn: Mr. (3rtrna F'Fslllfps ~.Q, IdtJ3t7EZ9 T6CR3S Prp 9nt~.fat1 fir' pfD eCtlJob Ndn1e #sfat30 6639.0&466 did oars psrrcl Gere a Report Ropart 111x. Date t]escrFptlr~n Qraant[ty Rato Anwant 79 n91t3f47 Fle~dt)erssrty~'e6t(m~nrr„umLr~-aad€ 5 zo.nn ~ 4gi3.0o ~ oartarnr ~,s;~r~~com~s~~essrsn€~~Te~s-sgr i aanr# ~.nn 3enlnr (3eateCh ~n~nesr, P.E, - hqur 3 76.{7(3 225.00 a O `~ ~. ~ ~ ~~ " " ,. . t s1{~..., i r fdC3,3EC ~~li,~l~3i~€~SAt~Ltr ~1ta7 AFP;~C'}1~E~ ~Y ~ a~~E ~~~ T'flTAE_ ~d.4d T{]TRL 91LL~ Tt7 RAi'E ~ $9,985.()#7 PNjocf LErriit ~ 515,229.an i~emak~ing ar#rsncs = $8,n3Gn0 inc. R1=MIT To AAi7R1"SS: T84B Pfofasslarial Place, 5ulte A Terrrpo, Ft. 33837 Basch, Plor3da. = Phar3e: . • P~~ ',:~::~~ `~:, ,~ ~.~+.~./~.4 7. fiF€aTOCF€H€~L + MATSt€[AF,.9 #Hl11HRYl€iH{1 BIIE'~"o; PGAI, 797 Park of Cammorc$ Boulevard, Suite 400 Boca Raton, Ftorlda, 33487 ,4ttrt. Mr. Brta;io PhllYlps r } .. ~JU~ Y l~i ~V~IAt.L Invoice # 5srvlae p0r1Od f~a#.e 60940 7t37f20Cf7 I3ua Fats 8!3012047 P.p. NurYttse Terms pres~ractl.Ta~ ~k Pro eatl.lo~ t`lams NeE 30 8811.06-4&6 Old S Mara Parking c3ara a Report Report No. Date 13escrllOllon Quantl Rat9 Amount 67A 07l03N7 l3uTlddngin5pealar-hour 3 65.00 tgg Op 68A 07/06/47 Bulldfreg tnspaclor-hour ~ ~,0p , t66 ptl 60A 07108/07 BuildlnA Inspecinr- hos~r 4 5~.tlt3 , ~~ pp 80A ©7118tt17 Bulldtng inspeafor- hunr 4 ~~,~ , 2217 00 61A 071171(17 Bulldtnginspsdor-ha€~r 3 SS,00 . iBB 00 62A tl712~FJ{!7 Suikiing fnapacfor • hour 3 58.00 . 'i66 tl0 83A 07126/07 Bu#fding Inspepfor-hour 3 66,Ofl . tSb Q41 64A Q?128107 Buliding lnspscfnr-hour ~ 66.R0 . 16600 AS/i 07127Hi7 Bulfding irtsp$fficrr-hour 3 f:6,tla 1E6 00 B9A 07130107 Building inspador - hnur 3 55.00 . 16B 00 Thrsshald Pnginssr, W.B. -hour 8 96.x0 670.00 ~ 0~j Pt•IE~J~CR ~ft?.~ ~ ' ~ 0~~, j ti~it€~~3tkF3 S~lBLI: PIO C ~~ Work Pertorrned 13y: 71er'ra, Ine. -West Palm Beach, FSorlda.. Phone: {5B`I} 867,8538 REMIT TO A[7p~tB8S: 7805 Prafesslarral Plane, Sul#e A Tampa, pL 68637 k rx~n•-v ^..~:~• { ,~ ~~~~. 6ilUT.BCtItilCAt + MkTPR3ALA t~xnttfnaattra 13iii 7Q: PGAi, 79T Park of Commerce Boulevard, S~tife 400 8ooa Raton, (=inricia, 33487 Ati:r;: Ear. i3~n~ Phillips t S~~"~C'~ ~~~ invoice # 5erviae i~ariad Cate s~a~i 7r31jaoa7 Due ~aRe alsar~oo7 i~,0. Nnm>ae Terms Pra~sntlJob # Prn ecflJnh Nams • Net 30 6611-Ot3-Riti6 C31d ~ oars Paris€n Cara a i~sgtsr~ RsPart l~u. ~ ifata i3sscriipHpn Gluantif bats ,~Unnurrt 77 78 R71U31Q7 (}7113!07 Concrete CompregsEvs Sirangth Test -Set Cbnarets Compressive Sirsngtti Tss# -Bat 5enlar C-~a7ote~>;h twngineer, P,~, -hour i l D~3 1 1 1 ~p~ g5 ff0 85,pP 78.00 gg,pp 85.Op 75.04 PR~J~T€ i~C~, ~~4~ ~. Ri=li~lQI~RSABL~ ~d0 - ~ ~ ~E3E=~c~~irEa ~~ ~~~ ;`"c ~~ ~ ~ . . ToTai~ $~~~.ao irtc. RRMiT T~ Ai3DRiWSS: 7905 #'rflfess(nnal Place, 5u€te A ~'ampa, i=L 33837 ss~~a~~fi ,- °',~ '.~; ~.. .~ MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri16, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 TRAFFIC SIGNAL MODIFICATION/ N.E. 4TH STREET IMPROVEMENTS, PROJECT #2002- 037 ITEM BEFORE COMMISSION This item is before the Commission for approval of payment to Palm Beach County for the modification of traffic signals at the intersections of NE 5~' and NE 6~' Avenues at NE 4~' Street as required due to the widening of NE 4~' Street between NE 5~' Avenue and NE 6~' Avenue. Cost is $82,170.50. BACKGROUND NE 4 Street between NE 5~' and NE 6~' Avenues was widened by adding an additional lane adjacent to the westbound lane. The street widening required modifications to the existing drainage which created a conflict between the relocated drainage and the existing traffic signal poles. The City requested that Palm Beach County relocate the traffic signal poles so that the improvements could be completed. The relocation was completed by a county contractor via an existing county contract. The City requested that the County move forward and relocate the signal poles so that the improvements could be completed as quickly as possible. Palm Beach County had the poles relocated and signals adjusted at a cost of $82,170.50. Pedestrian countdown signals were also added to both signalized intersections. FUNDING SOURCE Funding will be available from account #448-5461-538-65.31 (Storm Water Utility Fund/Other Improvements/NE 4~'St.-NE 5~' Ave. to NE 6~' Ave.) after transfer. RECOMMENDATION Staff recommends approval. Q ~+ W Z ~+ W Z ~+ W Z =a a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a O O N r ~~,P~C~P' G' ~ ~~~ ~ ~ s ~> \LoR~~% Departnnent of Engineeein~ and PubIsc Works P.C~. Box 21229 West Palm beach, PL 33416-1229 f5b1) 684-4fli70 www.pbcgav.cam Palm Bcac$t cnunty Batard n~ cnunty Commissioners Addle t,. Greene, Chairperson Jeff Kaons, Vice Chair Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria COLLnty AdYlfl ifti9tratOr Robert Weisman "~?n E"qua! Opportunlhy .^Cffr'rmahi~e Rctinn ~'mplDyer" February 11, 2008 Randal t.. Krejcarek, P.E. City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33444 RE: SIGNAL MO®IFICATIONS NE ~th ~~. ~e NE ~TH A~E. i/ NE ~~~ AifE. CITY PROJECT NO. 2002-37 Dear Mr. Krejcarek The City of Delray Beach (City} requested that Paim Beach County (County} have the existing traffic signals at the above locations modified for the NE 4~' Street Improvement project. In its April 16, 2007 Fetter, the City agreed to reimburse the County for all costs associated with the signal modification work. The construction and inspection of the signal work have been completed at a total project cost of $82,170.50. Please forward a check to our office in the amount of $82,170.50, made payable to the Palm Beach County Board of County Commissioners. If you require any additional information on this matter, please do not hesitate to call our office at (501 } 684-4030. Thank you far your cooperation on this matter. Sincerely, _. a t r ;, e.,~.._.. , - ~ ..,,. Fatmeh (Fattdush} N..3afar, P.E., Ph.D. Signal Design Engineer -Traffic Division FIVJ:JEM:gt: Attachments File: Intersections - #52125, 52130 N:IFRAFF€C',Signa{slProject5iMulitple En€erseclipns152125 & 523301Cammilrnen~ Ltr_request (or paymenl~t72,17p.56.dcc granted on recycled paper e.~ ~ ~ ~ - t s .< i d. i ~)fLRAY BEACH gill-America City ~ 16 Apr 2007 Ms 1=atmeh f~. Jafar, P.E., Ph.D :,, ; Palm Beach County, Engineering & Public Works Traffic Division P.O. Box 21229 West Palm Beach, FL 33416-1229 RE: NE ~~' Street ~a NE 6t" Ave and ~ NE 6t" Ave Signal Modifications Commitment Letter City Project #2002-037 ®ear Fattoush: I am in receipt of your letter dated 29 Mar 2007 regarding the costs of alterations to signalized intersections of [VE 4~n Street and ~E 5~" Avenue and NE 4~' Street and NE fik" Avenue. 1 also understartd that these costs are based on current contract prices under an existing County signal contract. Tl7e City is committed to completing this project and therefore 1 am writing to let you know that the City will reimburse the County far the costs identified in your 29 Mar 2007 letter. Please proceed with the work as soon as possible. As always, I appreciate your assistance in this matter. Sincerely, r ;..Y .,. , Randal L. Krejcarek, P.E. City Engineer Inc Cc Richard C. Hasko, P.1=., Environr~rental Services i3irector Rafael Ballestero, Deputy Director of Construction file 5:',Eng'~tdrniniPrejectsl,Zd02120D2-0371i.ETTER5lpbco signal request(?2.doc ._. _ . ~, ~i~i31~~ ii~larch 29, 2007 Randal ICrejcarek, P.E. Department of ~re~dneertn~ City l t]~1neeT one Public warEt~ City of Delray Beach ~.o. Box zl zzg 434 South Swinton Avenue '.vest Pa1rn Beach, 1~E. 33416-1?29 Delray Beach, Florida 33444 161) b84-4000 ~i ~ ~1~ANClIAL C®ll(~'i ax: (561 } ooo-oooo r~ '1~IENT F®R P!t()I'®SElD R®AD NORTHEAST 4 STREET 'V6~IlDENiNG PROJECT WWW.~'7iyC~pv.Ctltn INTER.SECTI®l®1S NE Oro ST. ~ NE STn AVE. / NE bra AVk+' ~ Dear Nlr. Krejcarek: In, response to your request to have the signals rr~odified for t~~e NE 4x11 Street ~~~ 19eacik ~~~~ Improvement project. The Palm .beach County Traffic Division will revise the I~oa n>g couaatgr ~ slgnaltzatton plan and install equipment far a total cost of X31, l 87.00, for the traff c signal ca.~~,i:saox~ega at Northeast 4'~~ Street and Northeast Sri Avenue. The traiFc signals far Northeast 4~"~ Street and Northeast 6~u Avenue will cost $50,983.50. The total for both intersections are ~dd;e L. Greene, Chairperson X82, I70.54. The attached bid-tabulation shoWS the details of the estirr~te5. TFze attached }eff Koans. Vice Chair C1raWingS lridiCate the m©dil:ied 5lgnalization: Karen T. ivlarcus When v,e receive your letter ofcommitrrlent, We Will proceed with the installation process. Warren ~. iVewelt We anticipate this work to start in April of 2007. `"a'~' `~`~~'~`}' If you have any questions or comments, dcs not hesitate to call our office. BUR Aaronson sincerely, Tess R. 5anramaria OFFICE ®F "I"HE.COUNTY ENGINEER i ~ ~ 1" f C¢1dE1L31 ~rdlJ~l719~1 ffi~Or f •. Fatmeh (F"attoush) N. 3afar, p.E., Ph.D. r,~n~rt we;srnan ~ Traffic Signal Design Engineer - ~`raffic Division FNJ:SRR:CWR:jrs i Attaehr~nent: Project Cost Estizrlate Bid-Tabulations Drawings TS-52 f 25-8, TS-5213Q_g cc: George T. Webb, P.E., County Engineer Tanya McConnell, P.E., Deputy County Engineer qt ~porrunity ! ~ g' ,n r.= !ar ! Bob Ward, Fiscal Mona er -1/n sneering Administrative Serviees 'tlirma[rvc.4c~an ~:mp(oycr" ~ Dan W~13l3erg, P,E,, DireCCOr -- TrafflC D4VfSloIfl ~ Tani Engel, Administrative Assistant - Traffic Operations File: l~ztcrsectians - !~ 52! 2S, 52 ] 3(} r~:'~TR,1FF]C`.SignaislProjects152I25 ?1F~}th & NESth1S2I25 i3udgetC'ity.doc wT ,annted on ,-n~.yc!®6 pa pep ~~~~ ~,{T ,~ e P9CBCC-TRAFFIC DIVl81©N ~ ~ . --~-- :~~' ,, i6t3 AUSTRALIAiV AVM ~bvfat~an ~.[\ W.P.B., FL 33406- !~t~~~p~ F'ha~e: (561) 684-403U Fax: (589) 478-6770 - . .. _. . -._ =~ )~~~ ~~.~ ~~®®uc~r ra~E ~~ PR~c~ ~s~~ T~~r,el~ 102-1-A GENERAL MAINTENANCE OF TRAFFIC f 8 $131.00 $2, 096.00 630-1-12-2 2" PVC {SC}i 40) UNDERGROUND CONDUIT 15 $6.1{} $91.50 632-7-1-1A SIGNAL CAELE ("sPAN LENGTH: D` - 250'} 1 $865.00 $865.00 632-7-1-4 PEDESTRIAN SIGNAL CABLE - 4 CONDUCTOR 1 51,018.Op $1,0'!$.00 532-7-1-7 ~~ - -~ PEDESTRIAN SIGNAL CABLE - 7 CONDUCTOR 1 $1,101.00 $1,101.00. 834-4-113-18 ~. ____. SPAN WIRE ASSI=MBLY {SPAN LENGTH: 251' - 350'} 1 $945.00 $945.00 53!"a-1-158 _ PULL 9OX {97" x 30" x 12"f2) HEAVY DUTY CL7VI"RS 1 $462.00 $482.00 639-1-13 _ ELECTRICAL POWER SEftV~CE {OVERHEAD) 1 51,007.00 $1,047,00 541-15•i44 PRESTRESSED CONCRETE POLE { 44' CLASS NaVI } 1 53,067.00 $3,067.00 650-51-311 _ TRAFFIC SIGNAL HEAD AI..UMINUM {3-SECTION, 1-WRY ) 7 5852.00 $5,964.00 553-'181-1 PfMDESTRIAI~ $iGNAL { 1-WAY) ALUMINUM 2 5535.00 $1,070.00 653.182-1 PEI'3ESTRIAN SIGNAL { 2-WAY }ALUMINUM 2 $1,013.00 52.026.04 655-107 Slts"NAL HEAD AUK(. {ALUMINUM PEDESTAL) 1 5815.00 5815.00 660-2-108-A-DY LOOi~ ASSEMBLY (TYpE F - 28') DAYTIME S:ODAAA - 7:OOPN1 4 $879.00 53,518A0 ~a60.2_106-B-13Y - LOC3P ASSEMBLY (TYPE F - 46') C3AYTIfNE 5:fl0AM - 7:p1Vt 3 5730.Of1 52,190.a0 6fi5-11 PEDESTRIAN pETECTOR {PUSH BUTTON) 6 sio7.oD ~64a.an b7(3-5-110 _ __ W~- - TRAFFIC CONTROLLER ASSEh~18LY {TfPE 5) AS PER NAZTEG ~ 1 $16, 980.00 $16.980.00 ~~90-10 _ ~-. ~_- REMOVE TRAFFIC 51GNAL HEAD ASSER~BLY ~~ ~- - 0 576.00 ---- $458.00 390-20 _. ._ REMOVE PP=DESTRIAN 51GNAL _ _ ~~_- ASSEMBLY - 8 576:00 5456.00 590-33-1 ~ POLE REMQVAL {DEEP) CONCRETE POLE -. 1 ~ r815.00 $815.OQ 39t?-50 _ P8C-I~~I~~..._.- REINOVE COh1TROLLI R ASSEMBLY ~__ DESIGN 8 fNSPECTION___ __..------~.::~~~~1~ .- ~ ,'' ~ 1 5401.00 - ~s Si,coa.oa~~- - 3401.(10 -~S:aDn.ao ?9~ ~.3~{ ~~'~~yl'i?~] ~~~~ '~) ~ ',Ei~~~ 1 ' f 9 i ,~~~r PSCBCC-TRAF'1=1C DIVISION '~ 160 AUSTRALIAN AVE ~~•~ W.P.B., FL 33406» ~~'4xoa[~~ Phone: (563) 684-4430 Fax: {569) 478-5770 t U ., ~. Tt ~ bid Tb~l ---__ ®~ ®ATEo 11127i2~~~ C®NT GT !~®.: __. ... 200-4'~ .. ..~. ,.,w_.... ~-- .._ IhIT~E~7'~~N>a` ,,. N. ~T~# ~T A~1~ 5'~Fi AVM:. _ ..__.. _.... . .. .. .. „~ ~ ~, {{ y~ f~I~in ~®•~ ~ 1/~"p ®........ ~~®®~/6i1 N9,g~i,i7F1 ~' ~ Y'~ ~R~C~ LINE 102-1-A GENERAL MAliVi'ENANCE OF TRAFFIC 8 139.00 yp~~y~~y A 6dEp~ $1,048.00 630-1-12.2 _ 2" PVC (SCH dd) tJNDERGROLIND CONt3ElIT 20 $8.10 $122.0{3 632-7-1-15 __....__ SIGNAL CABLE (SPAN LENGTH: 251' - 350`) 1 $1,15$.00 31,155.00 632-7-7'-4 _ __ _--- PEDESTRIAN SIGNAL CABLE - 4 COAiDLICTOR _ 1 51,018A0 37 018.00 632-7-1-7 _ __ PEDESTRIAP~ SIGNAL CABLE ~ 7 CONDUCT(3R 1 $9,101.00 $1,101.00 63d-4-113.18 --.---___ 6d1-15-144 _ _ SPAN WIRE ASSEMBLY (St~AN LENGTH: 251' - 350' PRESTRES5iD CONCRETE POLE (44' CLASS N-V! )~ 9 _ ~ _ ~ 394S.0t9 ` - 33,087.011 ____- $045.00 _ 53,087.00 650-51-311 TRAFFIC SIGNAL HE4D ALUMINUM (3-SECTI®N i-WAY ' ~ -~ ~"`~---. $852.00 35,984,Ia0 653-782.1 PEDESTRIAN SIGNAL { 2-WAY } ALL~MIINE,}M 4 31,013.00 S4,a52.00 580-2-109-A-DY LOOP ASSEMBLY (TYPE F - 2g'y DAYTIME S:OOAM - 7:pOPM 4 ~S87g.00 $3,518.0(3 6130-2-108.8-DY ss5-11 890»10 69D-20 __~._. LOOP ASSEMBLY (TYF~E F . 4B'} CIAYTIR~€E S:OOAM - 7:PRA P~~ESTRIAN DETECTOR (PUSH aurroN~ REMC}vE T'RAFFlC 5lGNAL HEAl3 ASSEMBLY r~EMOVE PEDESTRIAN SIGNAL ASSEMBLY 2 e ~ 8 3730.Ot3 s11x7.0~ s7s.oo $78.00 31,480.00 3958.00 345~.a0 $608.00 690-33-1 P$C-D8,1 ~-- Co~n~rser~t~; POLE REMOVAL (DEEPS CONCRETE PC3LE DESIGN $ INSPECTION 1 5815.00 ~ 5&15.00 5 $1,000.00 _ $5,000.00 70TA~.: ~31,i87.OQ ~.~ ~~~? ~ ~ ;: ~i~~1 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri16, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 S.E.-N.E. 5TH AVENUE RRR FUNDING/FLORIDA DEPARTMENT OF TRANSPORTATION ITEM BEFORE COMMISSION This agenda item is requesting Commission approvaUauthorization for the Mayor to write a letter to the Florida Department of Transportation (FDOT) requesting that FDOT enter into an agreement with the City to combine FDOT's SE-NE 5th Avenue resurface, restore and rehabilitate (RRR) funding with the City's proposed beautification project and request that the City handle the design and construction of the combined funded project. FDOT's RRR project is currently scheduled for fiscal year (FY) 2011- 2012. BACKGROUND FDOT has approached the City indicating that a RRR project on SE-NE 5th Avenue between SE 10th Street and George Bush Blvd has been identified for FY 2011-2012. RRR projects typically include addressing safety concerns, landscaping, milling and resurfacing the corridor. FDOT also is aware of the City's Downtown Master plan project that addresses the desire to increase pedestrian safety and beatification along this same corridor. Therefore FDOT has asked if the City would like to accept FDOT RRR funding and combine that funding with City beautification funding to complete SE-NE 5th Avenue from SE 10th St to George Bush Blvd. FDOT allocates $317,000 per lane-mile for resurfacing. This section of Federal Highway is approximately 6 lane miles, which equates to approximately $2,000.000 for the FDOT RRR project. FDOT allocates 4% of the project cost toward landscaping, which means approximately $80,000 will be allocated toward landscaping. If Commission approves this agenda item the appropriate capital improvement program project will be developed. The current cost estimate for our portion of the project is approximately $200,000 per block for 10 blocks ($2 million) which includes narrowing the road and widening the sidewalk. This cost could be reduced if the sidewalks are not widened. It is anticipated that local costs would be paid by the CRA. At this point no commitments are being made as to the scope of the projector the funding source. We are simply asking that DOT funds be combined with local funds and the beautification and RRR work be done as one prod ect. RECOMMENDATION Staff recommends approval MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: Apri13, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 DUI GRANT APPLICATION/FDOT ITEM BEFORE COMMISSION The Police Department seeks ratification and approval of the submission of a grant application in the amount of $110,376 for the D.U.I. Enforcement Program. This grant opportunity is through the Florida Department of Transportation. BACKGROUND The Delray Beach Police Department is eligible to apply for funding through the Florida Department of Transportation for D.U.I. enforcement efforts. If awarded, these funds would support 50% of the salary for an officer to conduct activities designed to combat drunk driving. The Department would commit 50% of this officer's time toward those efforts. Additionally, funds are being requested for one unbudgeted vehicle, and other related equipment. The application has been attached for review. Due to the grant deadline, the application was submitted prior to Commission review; therefore ratification of the application submission is requested. FUNDING SOURCE The City match will consist of 50% of an existing officer's salary from: 001-2115-521-12.10. RECOMMENDATION Recommend ratification and approval the submission of a grant application in the amount of $110,376 for the FDOT D.U.I. Enforcement Program. A! ~: ~ :, ~ • v ?1.i~' i• I I 5I j 'r r 'Y - h II ~~' Y? Aj ~ .I j r." - r x~ •. x F! ^~, ~, ,~ ~i '~ ~~ ~~ '' a w. ~~ ~~ ~ `~ ~i~ MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: Apri13, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 BULLET PROOF VEST PROGRAM FUNDING APPLICATION ITEM BEFORE COMMISSION The Delray Beach Police Department requests approval to submit an application to the Department of Justice Bulletproof Vest Program. The funding request is in the amount of $13,275.45 for 45 vests which would provide 50% of the cost. BACKGROUND The Delray Beach Police Department currently has a Bulletproof Vest award with the Department of Justice. This application represents an opportunity to extend our current award program. Bulletproof vests are necessary life-saving equipment which Law Enforcement Agencies are required to procure. According to their website, "The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998 is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement." FUNDING SOURCE Matching funding for the City's 50% share of the cost ($13,275.45) will be budgeted for FY 08-09 in account number 001-2115-521-52.27. RECOMMENDATION The Police Department recommends approval. - = 1 ~~ ~+ ~ - - ~ - - er m ` .._ ~ u - - 'w i~ ~ _ n ~ ~ _ ^ _ 1 v G ' - I - - - ~ - a. w _ .~ - - - i V * ~ ^ 7 u 1 1 1 } _ _ _ - _ ^ 1 ^ u p~ ?~! r -~ C~ ti ~- _ ~ s ,, F V 1 r } ~ ^ ~~ i ~ ~ ~ s o i~ ~ ti ~ . n n ,~ I ~ i ~ ~ ^ is L ^ ^ ~ 9 .. x MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Esq Asst. City Attorney/Police Legal Advisor THROUGH: City Manager DATE: Apri18, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES ITEM BEFORE COMMISSION Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement. BACKGROUND This is a mutual aid agreement between subscribing agencies authorized under Florida Statute Section 23.1225, The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement services which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and provides for the rendering of assistance in a law enforcement emergency as defined in Section 252.34. FUNDING SOURCE There is no funding involved. RECOMMENDATION Recommend approval of the Mutual Aid Agreement for Palm Beach County Law Enforcement Agencies. PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WITNESSETH WHEREAS, the subscribing Law Enforcement Agencies as listed in Attachment !, which is incorporated by reference, are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Intensive situations, including, but not limited to, emergencies as defined under Section 252.34, Florida Statutes, and (2) Continuing, multi jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and, WHEREAS, the subscribing Law Enforcement Agencies have the authority under Section 23.1225, Florida Statutes, et. seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and; (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34. NOW, THEREFORE, THE AGENCIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies so represented may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, public school graduations, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION Each of the subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies may request and/or voluntarily render routine law enforcement assistance to the other, to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, controlled substance violations, pursuant to Chapter 893, Florida Statutes, DUI violations, backup services during patrol activities, School Police Officers enforcing laws within 1000 feet of a school or School Board property, inter-agency task forces and/or joint investigations, and coverage for overtime details. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that an agency that is a party to this Agreement is in need of assistance as set forth above, such agency shall notify the agency or agencies from whom such assistance is required. The Agency Head or his/her authorized designee whose assistance is sought shall evaluate the situation and his/her available resources and will respond in a manner he/she deems appropriate. The Agency Head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. School District Police Officers are hereby authorized to enforce laws in an area within 1000 feet of a school or school board property and within 1000 feet of any school sponsored event including, but not necessarily limited to, public school graduations, proms, dances and project graduations. Should a sworn law enforcement officer (officer) be in another subscribed agency's jurisdiction and violation of Florida Statutes occurs, which is a crime of violence, in the presence of said officer, he/she shall be empowered to exercise authority as a law enforcement officer as if the officer was in his/her own jurisdiction. Should enforcement action be taken, said officer shall notify the agency having normal jurisdiction and upon the tatter's arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow-up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, and/or secure apprehension of violent criminals whom the law enforcement officer may encounter. Furthermore, sworn law enforcement officers (officer) of subscribing law enforcement agencies are hereby authorized to exercise the power to make arrests in any subscribing agency's jurisdiction of persons identified as a result of investigations 2 regarding any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, that occurred within the jurisdiction of the arresting officer. However, this paragraph does not include authority to make non-consensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this paragraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. Prior to any officer taking enforcement action pursuant to this paragraph, the officer shall notify the Commanding Officer in charge of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. The Agency Head's decision in these matters shall be final. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his/her designee of the agency requesting assistance. CONFLICTS: Whenever a Law Enforcement Officer is rendering assistance pursuant to this Agreement, the Law Enforcement Officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of hislher own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise, in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Agency Head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining agency can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information with all pertinent documentation gathered during the receipt and processing of the complaint shall be forwarded without delay to the Agency Head or his/her 3 designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: LIABILITY Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS A. Employees of each participating Law Enforcement Agency, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits, but inside the State of Florida, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127(1 }, Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. B. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other agency to the Agreement as set forth above; provided however, that no agency shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. C. Communication with personnel from outside agencies will be accomplished with a shared radio frequency. Should the agency furnishing aid not have the capability to communicate on a shared radio frequency, then the requesting agency will either provide radios to the personnel of the agency furnishing aid or pair personnel from the agency furnishing aid with personnel from agencies that have the capability to communicate on a shared radio frequency. D. Apolitical subdivision that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. E. The agency furnishing aid pursuant to this section shall compensate its employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. F. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the 4 employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, auxiliary, and reserve employees. G. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. H. Nothing in this Agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. SECTION VII: EFFECTIVE DATE This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until January 31, 2013. On or about September 30, 2012, a committee will be established by the Palm Beach County Law Enforcement Planning Council in conjunction with the Palm Beach County Association of Chiefs of Police, Inc., to review this Agreement and revise, if necessary. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION VIII: CANCELLATION Any agency may cancel, their participation in this Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. s ~ .~' ,'i v?. - . ~ .._ ~:. ~. ., r `~ 'err i ~ - ~~ a ^ ~ ^ CITY OF GREENACRES: Samuel J. Ferreri, Mayor (date) Phillip A. Ludos, Director of Public Safety (date) Wadie Atallah, City Manager (date) (date) TOWN OF GULFSTREAM: William F. Koch, Jr., Mayor (date) Garrett J. Ward, Chief of Police (date} William H. Thrasher, Town Manager (date) (date) TOWN OF HIGHLAND BEACH: Jim Newill, CPA, Mayor (date) Carlo Angelillo, Chief of Police (date) Dale S. Sugarman, Ph.D., Town Mgr (date) (date) TOWN OF JUNG BEACH: Jim Lyons, Mayor (date) Robert Daniels, Acting Chief of Police (date) Jeffrey Naftal, Town Manager (date} (date} TOWN OF JUPITER: Karen Golonka, Mayor (date) Frank J. Kitzerow, Chief of Police (date) Andrew D. Lukasik, Town Manager (date) (date) 7 TOWN OF JUPITER INLET COLONY: John M. Zuccarelli, III, Mayor (date) Joseph Benevento, Chief of Police (date) Joann Manganiello, Town Manager (date) (date) TOWN OF LAKE CLARKE SHORES: Malcolm K. Lewis, Mayor (date) William W. Smith, III, Chief of Police (date) Joann Hatton, Town Administrator (date) (date) CITY OF LAKE WORTH: Jeff Clemens, Mayor (date} William E. Smith, Chief of Police (date) Robert Baldwin, City Manager (date) (date) TOWN OF LANTANA: David J. Stewart, Mayor (date) Richard M. Lincoln, Chief of Police (date) Michael Bornstein, Town Manager (date) (date) TOWN OF MANALAPAN: William E. Benjamin, II, Mayor (date) Wilbur C. Walker, Chief of Police (date) Greg Dunham, Town Manager (date} (date) 8 VILLAGE OF NORTH PALM BEACH: William Manuel, Mayor (date) Steve Canfield, Chief of Police (date) James Knight, Village Manager (date) (date) TOWN OF OCEAN RIDGE: Kenneth Kaleel, Mayor (date) Edward G. Hillery, Jr., Chief of Police (date) Ken Schenck, Town Manager (date) (date) TOWN OF PALM BEACH: Jack McDonald, Mayor (date) Michael S. Reiter, Chief of Police (date) Peter Elwell, Town Manager (date) Richard M. Kleid, President, Town Council (date) PALM BEACH COUNTY SHERIFF'S OFFICE: (date) Ric L. Bradshaw, Sheriff {date) (date) (date) PALM BEACH COUNTY SCHOOL DISTRICT: William G. Graham, Chairman (date) James P. Kelly, Chief of School Police (date) Arthur C. Johnson, Ph.D., Superintendent (date) (date) 9 CITY OF PALM BEACH GARDENS: Eric Jablin, Mayor (date) Stephen J. Stepp, Chief of Police (date) Ronald Ferris, City Manager (date) (date) TOWN OF PALM BEACH SHORES: Thomas R. Mills, Mayor (date) Roger K. Wille, Chief of Police (date) Cynthia Lindskoog, Town Manager (date) (date) VILLAGE OF PALM SPRINGS: John M. Davis, Mayor (date) Jay C. Pickens, Director of Public Safety (date) Karl E. Umberger, Village Manager (date) (date) CITY OF RIVIERA BEACH: Thomas Masters, Mayor (date) Clarence D. Williams, III, Chief of Police (date) William Wilkins, City Manager (date) (date) TOWN OF SOUTH PALM BEACH: Maurice J. Jacobson, Mayor (date) Roger M. Crane, Chief of Police (date} Rex Taylor, Town Manager (date) (date) 10 VILLAGE OF TEQUESTA: Pat Watkins, Mayor (date) Michael Couzzo, Jr., Village Manager (date) CITY OF WEST PALM BEACH: Lois Frankel, Mayor (date) Ed Mitchell, City Manager {date} William McCollom, Chief of Police (date) {date} Delsa R. Bush, Chief of Police (date) (date) 11 Attachment 1 Atlantis Police Department Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Greenacres Police Department Gulfstream Police Department Highland Beach Police Department Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lake Worth Police Department Lantana Police Department Manalapan Police Department North Palm Beach Police Department Ocean Ridge Police Department Palm Beach Police Department Palm Beach County Sheriffs Office Palm Beach County School District Police Department Palm Beach Gardens Police Department Palm Beach Shores Police Department Palm Springs Police Department Riviera Beach Police Department South Palm Beach Police Department Tequesta Police Department West Palm Beach Police Department 12 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Esq. Asst. City Attorney/Police Legal Advisor THROUGH: City Manager DATE: Apri19, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 MUTUAL AID AGREEMENT/PALM BEACH COUNTY SHERIFF'S OFFICE (PBSO)/AGGRESSIVE DRIVING TASK FORCE ITEM BEFORE COMMISSION Mutual Aid Agreement between the City and the Palm Beach County Sheriffs Office (PBSO) for law enforcement assistance to jointly address aggressive driving behavior within the City and neighboring unincorporated areas of Palm Beach County. BACKGROUND The City and PBSO have identified a serious traffic crash problem within the City and unincorporated areas of Palm Beach County resulting in thousands of crashes yearly and in some cases, culminating in serious physical injuries and fatalities, often resulting from incidences of road rage crimes. Section 23.1225(1)(a) of the Florida Statutes specifically contemplates voluntary cooperation agreements between subscribing law enforcement agencies establishing joint city-county traffic enforcement task force agreements. FUNDING SOURCE There is no funding involved. RECOMMENDATION Approve the mutual aid agreement with the Palm Beach County Sheriffs Office to address aggressive driving. MUTUAL AID AGREEMENT AGGRESSIVE DRIVING TASK FORCE WITNESSETH WHEREAS, the Subscribing Law Enforcement Agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to continuing multi jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people, and WHEREAS, the Subscribing Law Enforcement Agencies have the authority under section 23.1225, Florida Statutes et. seq., the Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement services which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and WHEREAS, section 23.1225(1)(a), Fla. Stat. (2006), specifically contemplates voluntary cooperation written agreements between Subscribing Law Enforcement Agencies establishing joint city-county traffic enforcement task force agreements, and WHEREAS, the Subscribing Law Enforcement Agencies have identified a serious traffic crash problem within the City of Delray Beach and in the unincorporated areas of Palm Beach County, resulting in thousands of crashes yearly and in some cases culminating in serious physical injuries and fatalities, often resulting from incidences of road rage crimes; NOW THEREFORE, the parties agree as follows: PROVISION FOR VOLUNTARY COOPERATION 1. The Subscribing Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other for the purposes of jointly addressing aggressive driving behavior within the City of Delray Beach and in neighboring unincorporated areas of Palm Beach County. Law enforcement assistance must be pre-approved by the Agency Head or designee before any assistance may be given, in order to deter and reduce traffic related problems in the designated areas set forth above. In rendering law enforcement assistance, the Subscribing Law Enforcement Agencies will assign law enforcement officers, in a joint effort to address high incidences of road rage crimes, and other traffic related violations crossing jurisdictional lines. PROCEDURE FOR REQUESTING ASSISTANCE 2. In the event that an agency to this Agreement is in need of assistance as set forth above, such agency shall notify the agency or agencies from whom such assistance is required. The Agency Head or his/her authorized designee whose assistance is sought shall evaluate the situation and his/her available resources and will respond in a manner he/she deems appropriate. 3. The Agency Head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction for how long such assistance is authorized and for what purpose such authority is granted. This authority maybe granted either verbally or in writing as the particular situation dictates. 4. No Agency Head or his/her designated representatives shall be empowered under this Agreement to operate in another jurisdiction without prior approval of the Agency Head or Designee having jurisdiction. The Agency Head's or Designee's decision in these matters shall be final. 5. The City of Delray Beach Police Department agrees to adhere to the Palm Beach County Sheriffs Office General Order 522.00 (Critical Incident Investigations), which is herein incorporated by reference as Exhibit "A", if a member of the City of Delray Beach Police Department is involved in a "critical incident" as defined in that General Order, while rendering law enforcement assistance as set forth in this Agreement. b. Further, the City of Delray Beach Police Department agrees that if one of their law enforcement officers is involved in a critical incident, the "involved" or "witness" officer will remain at the scene of the critical incident and comply with Palm Beach County Sheriff's Office General Order 522.00. COMMAND AND SUPERVISOR RESPONSIBILITY 7. The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting Agency Head. Such supervising officer shall be under the direct supervision and command of the Agency Head or his/her designee of the Law Enforcement Agency requesting assistance. Whenever a law enforcement officer is rendering assistance pursuant to this Agreement, the law enforcement officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employer as well as those of the requesting agency. If any such rule, regulation, personnel policy, general order or standard operating procedure of the assisting agency is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure of the assisting agency shall control and shall supercede the direct order. 9. Whenever there is a cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Agency Head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint tv ascertain at a minimum: a. The identity of the Complainant 2 b. An address where the complaining party can be contacted c. The specific allegation d. The identity of the employees accused without regard as to agency affiliation 10. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. LIABILITY 11. Each agency engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's own employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. POWERS, PRIVILEGES, IMMUNITIES AND COSTS 12. Under the terms of this Agreement, an employee of a subscribing law enforcement agency, when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits the employee's jurisdictional limits, but inside this county, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which he/she is normally employed. 13. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other party to the Agreement as set forth above, provided however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. 14. A political subdivision that furnishes equipment pursuant to this Agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. 15. The agency furnishing aid pursuant to this section shall compensate its employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. 16. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other 3 benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this mutual aid agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. 17. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. INSURANCE 18. Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(15), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. EFFECTIVE DATE 19. This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect for a one (1) year period unless terminated prior thereto by any or all of the parties herein. This Agreement will be automatically renewed for consecutive one (1) year periods unless notice of termination is provided. CANCELLATION 20. Any agency may cancel their participation in this Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. SHERIFF OF PALM BEACH COUNTY Witness Signature Sheriff of Palm Beach County Witness Printed Name Date 4 GENERAL ORDER 522.00 SUBJECT: CRITICAL INCIDENT INVESTIGATIONS DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 061803 1 of 7 RESCINDS SOP 522.00 ACCREDITATION STANDARDS CONTENTS: This General Order consists of the following numbered sections: I COMPOSITION OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM II. RESPONSIBILITY OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM. INVESTIGATORS III. NOTIFICATIONS IV. POST CRITICAL INCIDENT PURPOSE: The purpose of this General Order is to establish guidelines to investigate all officer-involved critical incidents and any other critical incidents, which the Sheriff s deems necessary. SCOPE: This order shall apply to all Sheriff s Office members assigned to the Detective Bureau. DISCUSSION: The Sheriff's Office in conjunction with the State Attorney's Office, will investigate all officer- involved incidents expeditiously, thoroughly and professionally in order to factually establish what occurred. DEFINITIONS ADMINISTRATIVE INVESTIGATION - An investigation conducted by the Bureau of Internal Affairs to determine if the actions taken during the critical incident were in compliance with Sheriff s Office procedures. CRITICAL INCIDENT - A sworn member involved incident, on/or off-duty, which results in death or serious bodily harm or injury to a person. CRITICAL INCIDENT INVESTIGATIVE TEAM (C.LLT.) - A team tasked with the responsibility of investigating critical incidents. CRITICAL INCIDENT INVESTIGATION COORDINATOR - The Detective Bureau Commander, or designee, will act as the Investigation Coordinator and oversee all aspects of the criminal investigation. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PACE 061803 2 of 7 ~ CRITICAL INCIDENT INVESTIGATION TEAM SUPERVISOR -The Critical Incident Investigation Team Supervisor will be of the rank of Lieutenant or higher, and assigned to the Detective Bureau. CRIMINAL INVESTIGATION - An investigation conducted by the Critical Incident Investigative Team to determine if actions taken during the critical incident were in compliance with Florida Statutes. PROCEDURES I. COMPOSITON OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM: A. The Critical Incident Investigative Team Supervisor will be of the rank of Lieutenant or higher, and assigned to the Detective Bureau. The Critical Incident Investigative Team Supervisor may, at his or her discretion, designate another supervisor to be Team Leader. B. One or more detectives selected from the Detective Bureau, Crime Persons Unit. C. The Detective Bureau Commander, or designee, will act as the Investigation Coordinator and oversee all aspects of the criminal investigation. D. The Critical Incident Investigative Team Supervisor will provide Communications with a "Notification List for Critical Incidents" which will be retained on file in Communications. The Critical Incident Investigative Team Supervisor will periodically update the notification list. II. RESPONSIBILITY OF THE C.I.I.T. INVESTIGATORS A. If the incident involves a death of a human being, the Office of the Medical Examiner will be notified, and a request for a Forensic Investigator to respond to the scene will be made. B. Notify the State Attorney's Office. C. Preserve and collect, in conjunction with Crime Scene, evidence; including the officer's weapon(s). D. Oversee the processing and photographing of the scene, in conjunction with the Crime Scene Supervisor. E. Tape record interviews and statements given by witnesses. F. Conduct an on-scene walk-through and interview with all witness officers or employees. The Critical Incident Investigative Team and Crime Scene members will conduct the interview of witnesses as afact-finding process. Critical Incident GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 061803 3 of 7 Investigative Team Investigators will advise witness officer(s) if a supplement report must be completed prior to going off-duty. In most cases the taped interview will serve as the officers' official report. G. Attempt to conduct an at-scene walk-through and interview with any civilian and/or co-defendant, none of whom can be compelled to give a statement. H. The C.I.I.T. supervisor will conduct an on-scene critique, either on-site, or at a place and time designated by the C.I.I.T. Supervisor, to discuss the facts and circumstances with the following personnel: 1. Critical Incident Investigative Team members. 2. The Commander of the Detective Bureau. 3. The Crime Scene Supervisor or designee. 4. The Internal Affairs Supervisor/Investigator. 5. The Chief Legal Advisor or designee. 6. The State Attorney or Assistant State Attorney. 7. Any other personnel deemed essential by the Critical Incident Investigative Team Supervisor. I. The involved officer(s) will be interviewed by Critical Incident Investigative Team member, who will conduct awalk-through interview. This interview will be tape and/or video-recorded. Internal Affairs Supervisors/Investigator will not participate in the interviews or walk-through interview, but may monitor the process. The interviews of involved member(s) must be voluntary. Internal Affairs Supervisors/Investigators have the option of conducting the Administrative Investigation immediately after Critical Incident Investigative Team investigators are finished, or at a later time. J. The Commander of the Detective Bureau, or in his absence, the Critical Incident Investigative Team Supervisor will ensure Sheriff s Office Executive Staff are apprised of all aspects of the investigation as it progresses. K. All reports and statements pertaining to any investigation conducted by the Critical Incident Investigative Team will be prepared and submitted as soon as reasonably possible. L. The Critical Incident Investigative Team Supervisor will conduct a post incident debriefing with the Critical Incident Investigative Team members, Communications Supervisor(s), Internal Affairs Supervisor(s)/Investigator(s), Chief Legal Advisor or designee, Command Staff and the Assistant State Attorney assigned to investigate the incident. III. NOTIFICATIONS GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PACE 061803 4 of 7 A. When a police related shooting or other type of critical incident occurs involvinga Sheriffs Office member, or an officer or agent from another law enforcement agency within the jurisdiction of the Sheriffs Office, the Watch Commander and/or Field Supervisor will notify the Critical Incident Investigative Team Commander who, upon reviewing the facts related to the incident, will determine whether the Critical Incident Investigative Team will be activated. Upon activation of the Team, the Critical Incident Investigative Team Commander will have Communications notify the following: 1. The Commander of the Bureau of Internal Affairs or designee. 2. The Crime Scene Supervisor who will respond to the scene. Additional crime scene personnel may then be called to assist with the investigation, at the discretion of the Crime Scene Supervisor or Critical Incident Investigative Team Supervisor. The Chief Legal Advisor, who will then determine if additional personnel from the Legal Advisor's Office will be called to assist. 4. The contracted Sheriffs Office Psychologist. 5. The Public Information Officer. 6. Staffpage. B. The Watch Commander/Field Supervisor will be responsible for the following: Take command of the scene and protect the evidence until the arrival of the Critical Incident Investigative Team Supervisor or designee. 2. Secure the entire area with crime scene tape and remove all unauthorized persons, including officers not required inside the crime scene of the critical incident. 3. Assign a sworn officer or other personnel at the scene to maintain a log. The log will contain the following information: a. The names of officer(s) or other members assigned duties at the scene, and what those duties are. b. The names of any person(s) who enter the scene, the time they enter the scene, reason for entering the scene, and the time they left the scene. 4. Ensure that all witnesses, including officers, remain at the scene and are separated to ensure proper police protocol and witness credibility. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 061803 5 of 7 5. Briefly speak with the involved officer(s) in order to ascertain a basic understanding of what occurred, so that affected supervisors may be briefed. 6. Advise the member(s) involved and all witnesses not to discuss the details of the incident with any one else, regardless of rank, until they have been interviewed by Critical Incident Investigative Team. This does not preclude questions regarding the condition of the witnesses or officers by appropriate supervisory personnel. Allow the involved member(s) to confer with his or her attorney and the Sheriffs Office Psychologist, if requested. The attorney and Sheriffs Office Psychologist will be granted confidentiality rights as provided by state statute. 7. Provide a reasonable safe environment for the involved officer(s) who are waiting to be interviewed. 8. Ensure that the needs of the involved member(s) are being met. 9. Immediately initiate an area canvass to locate and identify any additional witnesses who have information relevant to the critical incident. Any witnesses shall be made known to the Critical Incident Investigative Team Supervisor, the lead investigator appointed by the Critical Incident Investigative Team Supervisor, and the Commander of the Bureau of Internal Affairs or the Internal Affairs Supervisor/ Investigator appointed by that Commander. 10. Remain at the scene and take charge of the perimeter and security until relieved by the Critical Incident Investigative Team Supervisor. C. The Critical Incident Investigative Team Supervisor and the Bureau of Internal Affairs Supervisor/Investigator assigned to the Critical Incident Investigation will coordinate the Criminal and Administrative Investigations and the Bureau of Internal Affairs Supervisor/Investigator assigned to the Critical Incident Investigation. D. The Critical Incident Investigative Team and Bureau of Internal Affairs will investigate the following critical incidents, and any other incident deemed appropriate by the Sheriff: 1. When a deputy or other sworn officer uses physical force resulting in death, or life threatening injuries likely to result in death of a human being. 2. When a deputy or other sworn officer has shot and injured a person, or has been shot and injured, and the incident occurred within Palm Beach County, Florida. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 061803 6 of 7 3. When a deputy or other sworn officer suffers aself-inflicted firearm injury, whether intentional or accidental. 4. Any death of a person who is in the custody of any deputy, or other sworn officer, or within the care, custody, and control of any Palm Beach County Sheriffs Office correctional facility, upon request of the Commander of the Bureau of Internal Affairs, or designee. S. Any incident, which the Sheriff deems necessary. E. In the event any of the above critical incidents involving Sheriff's Office deputies or members occur inside the jurisdiction of any city in Palm Beach County, the Watch Commander will respond to the scene and monitor the situation. The Watch Commander will also ensure that the appropriate staff notification is made via Communications. The Critical Incident Investigative Team Commander is notified for determination regarding Critical Incident Investigative Team response to monitor and/or assist the investigating agency (if requested). The Watch Commander will ensure that the Commander to which the involved officer(s) are assigned, the Chief Legal Advisor, and the Commander of Internal Affairs are notified. The Commander of Internal Affairs will determine which Internal Affairs Supervisor/Investigatortyill respond to monitor the investigation. 1. The Watch Commander will brief the Critical Incident Investigative Team member(s) and Internal Affairs Supervisor(s)/Investigator{s) of what has occurred to that point, and then turn the investigation over to them. 2. The Bureau of Internal Affairs has the option of conducting the Administrative Investigation immediately following the outside agency's investigation, or at a later date. F. The Critical Incident Investigative Team (only) will investigate the following critical incidents: -When an officer{s) or agent(s) from another law enforcement agency is involved in a critical incident within the jurisdiction of the Palm Beach County Sheriff s Office: 1. The Critical Incident Investigative Team will keep the affected law enforcement agency appraised of the progress of the investigation. 2. The Sheriff's Office Critical Incident Investigative Team may coordinate the investigation with the other agency, or conduct the investigation independent of the other agency, if the other law enforcement agency has concurrent jurisdiction. G. The Bureau of Internal Affairs Supervisor(s)/Investigator(s) will be present and, if necessary, will: GENERAL ORDER 522A0 DATE EFFECTIVE SUPERSEDES REVISION NUbIBER PAGE 061803 7 of 7 Conduct separate interviews with each deputy or other sworn officer, or employee. 2. Witness officer(s) and employees are required to cooperate in the Administrative Investigation. a. If a witness officer(s) or employee refuses to cooperate under the belief that he or she is a participant in the incident, the officers) will be treated as an involved officer. b. If a witness officer(s) or employee refuses to cooperate, and he or she is not under the belief that he or she is a participant, the Internal Affairs Supervisor/Investigator shall issue a lawful order to cooperate, with the warning that disciplinary action may be taken if the officer or employee refuses to comply with the order. H. All releases to the media will be released through, or in conjunction with, the Public Information Officer. IV. POST CRITICAL INCIDENT A. Prior to the involved officer{s) returning to duty an interview with the Sheriff s Office designated psychologist will be required. The officer(s) will also be advised of the availability of the Employee Assistance Program. B. The involved officer(s), while on Administrative Leave, will be available at all times for official interviews and statements regarding the incident and will be subject to recall at any time. C. The involved officer(s) are not to discuss the details of the investigation with anyone except the officer(s) private attorney, the Sheriffs Office Psychologist, and/or Critical Incident Investigative Team Investigators. D. The involved officer{s) shall not discuss the details of the Administrative Investigation with anyone other than the Supervisor(s) of the Bureau of Internal Affairs, pending the completion of the internal investigation, and acceptance by the Sheriff. MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri17, 2008 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 PURCHASE ORDER INCREASE/CHAZ EQUIPMENT COMPANY, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a purchase order increase in the net amount of $22,800.00 to Purchase Order #649857 to Chaz Equipment Company, Inc. for modifications to turn lanes onto East Atlantic Avenue for the U.S. 1 Temporary Improvements Project #2004-008. BACKGROUND As the U.S. 1 Temporary Improvements Project evolved, it was decided not to maintain dedicated right turn lanes onto East Atlantic Avenue and to create dedicated left turn lanes onto East Atlantic Avenue for southbound traffic on NE 5th Avenue and northbound traffic on SE 6th Avenue. The scope of work was increased by adding bulb out traffic nodes on both northbound and southbound US 1. The modifications resulted in additional drainage requirements; and additional curbing on two (2) sides of each intersection. Subsequently, the City submitted a permit revision to FDOT. The additional cost is a result of the increase in the scope of work and the additional FDOT requirements. The attached Schedule "A" has been submitted by Chaz Equipment Company, Inc. for the required additional work. Pricing is commensurate with industry standards. FUNDING SOURCE Funding is available from 334-4141-572-65.99 (General Construction Fund/Capital Outlay/SE-NE 5th & 6th Ave.-SE 4th NE) RECOMMENDATION Staff recommends approval of a purchase order increase in the net amount of $22,800.00 to purchase order #649857 to Chaz Equipment Company, Inc. for modifications to turn lanes onto East Atlantic Avenue for the U.S. 1 Temporary Improvements Project. Delray i3each Federal highway Curbing _ a Y` i tttt ~ ' ~ * ~ ~ ~~ 348U FAIRLANE FARMS RD WELLINGTpN, FLORIDA 33444 Phono {561) 333-2109 ;Fax (561) 333-2184 SCHEDULE A ~Clty Furnish Tuff Gurb a~~f-I-~e~t~ and Chat Install) nef add Change Order #9 for revisions doled 3/2/08 Item # Description Qty Unit Price Total i 101-1 Mobilization ! Demobilizafion 1 LS 500.04 t $ 500.00 Staking and Layout, As Builts 1 Is 500.04 $ 504.04 102-1 Maintenance of Traffic 1 LS 1,000.00 $ 1,000A0 142 7 Tuff Curb earrierwlone tubular masker per Tuff curb sectlon) 0 LF 88.00 ! $ - 102-7..A Deduct for City purchasing and famishing Tuff Curb 0 LF -49.85 ~ $ - I 705-7t Delineator Posts, Tubular Flexible (f~sfimated namfnaf quantffy as Shawn an sheef 2 "1=lexible delineator post placed of locations as dotermined by fhe engineer) - DELE"7"fcA Ef7t]IVl CdNTRACT - NONEARE TO E3E INSTALLED PER CITY ENGINE»f~R -100 EA 195.00 $ (19,500.00) 705.71A Deduct for City purchasing and furnishing Posts DELETED FROM CONT32ACT - NONE ARE TO BE INSTALLER PER CITY ENGINEER 0 EA -X17.80 I ! S - Pavement markings {Removable} 1 LS ' NO BID 102-911-2 Pavt Marking Removable, White (solid} (6") 0 If Bid painted markings (see below)) 102-991.2 Pavt Marking Removable, White (so[id) (12") 0 If Bid painted markings (sea below) 102.911-2 Pavt Nsarking F2emavable, White {solid) {24") 0 if Bid painted markings (sse below}' 102-911-2 Pavt Marking Removatle, Yellow (solid) (6") 4 !f Bid painted markings (see below); F 102.919-2 Pavt Marking Removable, Yellow {solid) {8"} 0 If Bid painted markings (sae beiaw)'',~ 102-911-2 Pavt Marking Removable, Yellow {solid) {1 B") 0 If Bid painted markings (see below)'.. Clearing & Grubbing 1 LS 5,460A0 $ 5,460.04 110-4 Removal of existing pavemnt 104 sy 10.00 $ 1,444.04 - Curb Removal 160 If 18.50 $ 2,960.00 120-71 Regular Excavation 1 Is 1,544.00 $ 1,50D.00 1, Deiray beach Federal Highway Curbing SCHEDULE A (Cifiy Furnish Tuff Curb ~~ and Chat Install} net add Change ®rder #9 for revisions dated 3192/08 Item # Descriptien Qty Unit Price ~ Tatal 339-1 Misc Asphalt Pavement (Sidewalk) 35 SY 1DO.OD j $ 3,500.00 i -- Misc Asphal! Pavemen! (Roadway) 1D SY 125.00 $ 1,250.00 -- Handicapped Ramp Dome on Sidewalk pavement 2 EA 1,SOOAD $ 3,000.00 Storm Drainage 1 LS 14,525.00 f $ 14,525.00 520 1-1 D Drainage Structure (modify existing)[remove top, Install new top, install PVC down drain from trench grate) D ea 3,000.00 $ - ~ 425-1-201 Inlet, Curb Type 9 0 ea 9,50A00 $ - 425-1-351 En#et, Curb Type P-5 0 ea 9,500.00 $ - 430-171-101 18" RGP D If 'i50.00 $ - 436.1.2 Trench Drain 83 !f 175.00 S 14,525,00 520-1-10 Conc Type P Curb and Gu!ler, w! ftowahle fill base 165 LF 75.00 $ 12,375A0 580-1-2 Landscape Plants, in Pots 0 EA 500.00 $ - 7063 Pavement Marker, Retroreflective 1 LS 0.00 ' $ - (Bi Directiona€, Whitel{ted) 0 ea 5.50 $ - (6i DirectionaE, YellowlYeilow) fl ea 5.50 $ - Pavement markings and sigtning (paint) 1 LS 694.D0 ; $ 690.00 720-20-11 Single Sign Post (F&I) (<12sf) 0 as 0.00 $ - 710-11-121 Painted Pavt Markings, White Yellow (6") 180 if 0.50 $ 90.D0 Painted Pavt Markings, White Yellow (8") 0 If 0,75 $ - Pa[nted Pavt Markings, White Yeuaw (12"} 0 if 1.D0 $ - ', 710-11-123 Painted Pavt Markings, Whito YeEtow [16") 0 I{ 1.75 $ - 710.11-170 Painted Pavt Markings, Arrow 0 ea 30.00 $ - 711.7 Remove existing Pavement Markings ,Thermoplastic 30 5f 20,OD $ 600.00 '; TOTAL CHANGE ORi3ER #9 AMOUNT - NET Ad© $ 22,SOOAO 1 IIIQI t !~ ~ i E i I~ E EXIST SWK ~ I ~ j (TO REMAIN) ~ I ~ E I ~ I ~ III 1 REMOVE EXIST CONC CURB & GUTTER I lL~ I X I EE I I z I ~ TIE I INSTALL APPROX. 48 LF OF E ¢ I Ei j NEUTRAL SLOPE TRENCH DRAT \ (ACO KlassikQrain - IJ"' _. - ~ iE ~ f~R APPROVED EQUAL} ~ ~~ ~ SET FLUSH W~ ADJACENT / ~ SIDEWALK (TYPICAL) / -----~ --J - - ~- - - ~ ~ ~ .~ - ~, ~ I I 1) I I ~'. {kTU1PIi'fC AYE ~--~.. 1 4 II II 1~......M_._----- E. ATL.AFfTIC AYE II if II li II ---- _______~~ it II II II ~L =__=..~.~.~ ~.II EI IE II il~ -------- P --- ~~.~~~ II II 11 i °~------ ~ ~ 011 I ~!'?~~ _-- - -_= ~\ ~`---- I y- -~_-------- 1NSTAtt 7~PP~C?7C. ~Q~F OF I INSTALL APPROX. 33 LF OF NEUTRAL SLOPE TRENCH DRAT ifr NEUTRAL SLOPE TRENCH ORAiN (ACO KlassikDrain I T'~ (ACO KlassikDrain EE11 I ~ OR APPROVEfl EQUAL) R APPROVED EQUAL) I x ~, 5ET FLUSH W/ ADJACENT 5ET FLUSH W~ ADJACENT o SIDEWALK (TYPICAL} ~/ I ~ >< SIDEWALK (TYPICAL) I ¢ ~ a I ~ REMOVE EXIST CONC OURS & GUTTER d I REMOVE EXIST CONC I I ~ CURB & GUTTER ~I~ I ~I EE I EXIST SWK ~ I ES I ~ ~I ~E I (TO REMAIN) EXIST 5WK (TO REMAIN) GUTTERT(TORR MAIN) SEE DETAIL FOR CONNECTION TO EXIST GllRB &c GUTTER (TYP) LEGENA: ~~~ INDICATES DIRECTION OF EXISTING DRAINAGE - - APPROX. LIMITS OF NISC ASPHALT SIDEWALK ~~~ C}~ ®~L~A~ ~~A~H PERMIT' RE1ll SlON oATE:a/a/znn ~~ E6VVIR0NMEM"AL Sf~RVIC~S D~f'ARTMEM" EXHIBIT A asa same awe~n,oN A t~AY BEAC~~, t~owD,a ~s4a zon4-ons EXIST CURB & CONST P-5 CURB INLET GUTTI=R (TO REMAIN) SEE INDEX 2D6, 2O1 & 211 EP EL. MATCH EXIST EL. (S) INV EL.= EXIST EP EL. - 4, 0' I ~~ ~ ~ 114 ~ II ~ I I ~ I EXIST SWK I I~ Q I I ~ I (TO REMAIN) ~ ~ ~ I ~ III caNST P-s CURE Ir~Ll=r EXIST SWK ar ~? I I ~~I II I EPEES DMATCHOEX ST E~214 (TO REMAIN) I ~ I ~ I ~ I (S) INV EL.= EXIST EP EL. - 4.0' 48 LF OF 18" RCP I ~ } II I I °' I ~ I ~) I REMOVE EXIST CONC REMOVE EXIST CONC { xo ~ ~ III CURB & GUTTER CURB & GUTTER Q 1n ~ ~ ~ I I I INSTALL APPROX. 9 LF OF INSTALL APPROX. 36 LF OF X m- NEUTRAL CHANNEL TRENCH DRAIN NEUTRAL CHANNEL TRENCH DRA! o ¢ I (ACO KlassikDrain (ACO KlassikDrain } ~ OR APPROVED EQUAL) 0R APPROVED EQUAL) a I SET FLUSH W/ ADJACENT SET FLUSH W ADJACENT ¢ ~ I ~ SIDEWALK (TYPICAL) 51DEWALK (TYPICAL} ~ 16 LF OF 18" RCP - - - - 12 LF OF 18" RCP - ~ ` ~ _ - ~/`3 ~ ~ EXIST 15" I I ~ I I I ~ ~ ._... - -. .,_ ~ ,~-_ _= ~ PIPES ~~ II I ~ '"". - ~- ~~. ~~ ~ II INLE~ TOP RAND I II II I I EXIST INLET ~~ I INSTALL INLET - ~-~ ---~ ~ -c ~- n ° c"C - - 15' I COVER SEE DETAIL) II II ~ - - - - - - - - E A1LAM[C AVE II GOR WAL{.S ~ if !I ~~ ~~ ~~ ~~ ~ II II T~5~ RCPT c~ II II = - La..~,..~i ~~_ s~- - _ _' _ --~- _ _ = ~~ II II caNST P-s ~ ii II ~. ATLAMIC Ave I I II II CURB INLET ~ (I II - -- ~ - -j i II II SEE INDEX I - - - - - 200, 2O1 & 214 II I! ~ ~ ~ I ~ Ij II EP EL. MATCH I II !I - ~~._. - - _.. - ~ ._... LL ~ ~ ((EXIST EL. --~ - - - -. ~.. - - -~ ~~ ~~~I EP) ELV E ~.0'EX~ST II ~~ ~ - - - - ,~! ----~-_ ~ III-- - - ~ I III I~ ~ INSTALL APPROX. 47 LF OF I ~~ ~ ~ I NEUTRAL CHANNEL TRENCH DRAIN ((ACO KlassikDrain I ~I r ( I I bR APPROVED EQUAL I ~ ~ ~" I Q I SET FLUSH W/ ADJA~ENT I III n o ~~ ~ I SIDEWALK (T P1CAL) I ~~ ~ ~ I I III ~~ a L~ I~ u I I REMOVE EXIST CONC ~ III ~ I ~ CURB & GUTTER I II ~ I I ~ i I ~ I EXIST SWK 1 (TO REMAIN) LEGEND: SEE DETAIL FOR CONNECTION TO EXIST CURB & GUTTER (TYP) ~~~~ INDICATES DIRECTION OF EXISTING DRAINAGE - - APPROX. LIMA'S OF MISC ASPHALT SIDEWALK ~~~ ®f ®~L~~e~° ~~~~~ PERMiI' RViSiON oA~rE:4-a-24n ENYIFtONMEM"AL BERVICEB ©EPARTMENT EXH9 Bl T B a~a sovrr~ svee+nnri an, cw~r ~cM, r•~.aRUa, 3aaaa 2004-ooa MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: Apri18, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 SPECIAL EVENT REQUESTBED RACE ITEM BEFORE COMMISSION City Commission is requested to endorse the ll~ Annual Bed Race proposed to be held on May 16, 2008 from 5:30 p.m. until 7:30 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the use and closure of NE 2nd Avenue between NE 2nd Street and NE 3rd Street, to authorize staff support for traffic control and security, EMS assistance, trash removal and clean up, barricading, use and set up of the small stage, and preparation and installation of event signage. BACKGROUND Attached are an event permit request, site plan, budget and other back up material received from Stephanie hnmelman from the Downtown Marketing Cooperative, the producer, for this event. Staff assistance is being requested as stated above. Estimated overtime costs are $3,005, stage rental cost is $265, barricades $100 and signage $250 for a total cost of $3620. Based on event policies and procedures the charge for City services will be approximately $990. RECOMMENDATION Staff recommends approval of the event, the temporary use permit and staff assistance as requested contingent on the sponsor providing a Certificate of General Event Liability Insurance. DELRAY BEACH. City, of Delray Beach :~: Special Event Permit ~_ . - Applic..ation w ~ _, PLEASE TYPE QR PRINT ~ 993 200 r~ e. G~dt ~ac~ Event Name/Title: ~j V~Pr _. Event Dates}: ~~ Times: ~J ~ 30~ ~~ ~~~ w~ ow~.a fY~Q..~#re~'•+~aCz G}raD~~4T-/~. Event SponsorlProducer: ~, Event ContactlCoordinator: ~~ ~~+~ ~°~-~ ~ tm }. Brief History of Event (If applicable): i`C.~(~~Q_ ~ ~Ccc~ ~ _ _- Planned Activities (Cutline of activities/n er of activities, i.e. entertainment, children's rides, ~ ~~o~he~p~ ams): 1'Y1LlS~` n n' 7, ~ d °{~i ~ Number of Individuals Served Pirevious Yeaz {if applicable}: _ Zr DOa Describe the tazgeted population and expected attendance: ir~i ~Le. ~~lM-- X 1 Name: Address: d-~-- ~ _ Telephone Number: 7~-13 X llulaz Number: ~'{e l 3Z2 ~5~~ E-mail Address: ~~r~m~~~'Y1a'vC. {~1.~.~~3CAC~'1 ~Gbrn 11 1 / ~ ~ q ~. ~ ~ .. ho~1w the progrrra~m or proLoject addresses cnonrnmunity(~ne~ds: S /7110 /''[1rf/1 -1`Iwa -~l'1r~.9'[ii~~JA~ !'f-~e.Q.D,~D,A~~' ~.. ~~n.C~1C: g1.~. ~~~57}~''t~~._, ~,{ Describe your MariGetii~g/Promotians Ptro~rarrr::(H~w:will.you m ket/proxnote, i.e. TV, . radio, posters, flyers, web sites, other): Sponsor Category (please check) City ~ Non-ProfitlCharitable ta~`Private, a Co-Sponsor -Non-Profit/Privat~ ^ ;, (I,fNon profit attach prop of SOlc(3)t`c(4), c(6), C(IO), or c(l9):or (d) . Event Location (Describe are ourldaries of eventllocation): Site plan attached: yes ~ no (Site plan required for entire,, event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location i£,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) -U~S~k,~xss Event budget attached: yes_~~ no (Required for all events) Previoils year Revenue/Expense summazy attached: yes !~ no . (Reduired for all events) Do you have cash sponsors for the event: yes - V . no {Indicated on budget) Do you have inkind sponsors for the event: yes V _ no {Indicated on budget) U:lrvwdatalCreative City Collabrative Coma-itteelSpeeiai-Event Femvt Application Final 9.6.07.doc ~r selling alcoholic beverages: yes ~ no (If yes, copy of license and 'alcohol liability insurance required two (2) weeks prior to event) Lu~r/! ~.~-r~~w.. Pru..P~a-c~~2.¢;. Ate. t/ Event certificate of insurance attached:. yes _ na (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) ~~ ~~~ ~ ~ ~ ~ ~ s ~..4:.~c.e~ Playing of amplified music: yes ~ no (Waiver required) Will.there be entertainment: yes / no (If yes, attached list. of Performers andlor D7's) If yes, sponsot agrees all' en#ertain~erit will ~e family oriented and contain no obscenities: yes- / no Requesting Police assistance: `yes ~ ~ no `~ F (traffic. controllsecurity) . Will supplement with private security: yes (If yes, need plan attached) Requesting Emergency Medical assistance: yes ~ Requesting barricade assistance: yes ~ (If no, haw are• you handling?) Requesting trash removal/clean up assistance:. {Will be billed to sponsor) Requesting trash taxes/containers and- liners: no. / no no yes ~ nom Yes / ,.: no Requesting stage use ' ~ `~ - `yes / no (If yes,. check type) Large stage (14' z 3b') © Small stage (X6' x 21') © Half small stage (8' g21') ~/ Requesting signage: yes / no~ Type: 4'x4'Event sign Parking Signs Banner hangin J Indicate dates required (3~r`e_ c~.1~.a,.$c. An''~ ~~ ) (Waiver required if more than one (I) week prior to event) Requesting City Portable Generator: yes ~ no V {If yes, size & power) Food and beverage vendors: yes ~ Rio If yes, approgintate number (Health Department approval required) yes no~~ U:IwwdatalCreative City Collabrative Committwl,Special Event Perniit.Appiieetion Fina19.6.1Y7.doc ~, .. ~. Other vendors: (indicate type). yes n0 Tents:. .yes ~ . ~no Ifyes, Sow many . What size or size required ~d ~x la ~ {If yes, tent permits an fine inspections may be needed) . Will the event include amusement rides:. yes no (If yes, type and loeation and copy of liability insurance required, also requires state license and inspection.) . tip 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 pyratechaics: yes ~ no (If yes, contact Fire Marshal to obtain and complete permit application) Wili 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 ~ (~f yes, ,indicate locations and purpose for use) nue/Expease Budget Re nue/Expense 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 ^ W'~~ x Alcohol Beverage Liability Certificate ~~Proof of Rental Agreement or Authorization Letter from Private Property Owner uS Fuss _ ~/ Hold Harmless Agreement Event Permit Attachments: ~Reve ve Submittal Date Requirements: • Minor Event. .45 days prior to event Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Patty 30 days prior to event ~J:lwwdatalSpecial Event RequestiSpecial Event Permit Application FINAL 9.6.07.doc ti~ {~ p- ~ ~ J 3[~~e~r Event Contr. toy/ art inat~r ~, Date Please prints _ YY1P_~ ~~ ,, ~~~ Please enclose the appropriate no~i-refundable application fee payable to the-City of Delray Beach; 100 N.W. 1 ~` Avenue, Delray Beach, Florida 3344. Required with permit application.. For Staff Use Only~ / ~ . Date Received ~i~/~~ App ' ee received $ ~oO.a~ U:IwwdatalCYeative City Collabrativc CommitteelSpecial Event Permit Application Fine19:6.07.doc ~.1 ~ , f - ^ ^ ~ "~\ Lw.. ~ Y' S ` SSSS ^ ~ ~. i _~ ~ ~' . ~ 3 1 ~ - r _,~ ~ ^ --i_~ - 7 i _ l L I ` ~l ^ L ~ ' ~ ~_ ~ ~ 1 ^ 7 ,~ r~ i ~ r 3 4 I :~ ~~ ~~ y Pineapple Grove Bed Race -May 16, 2408 Breakdown Cate ories ESTIMATE D BUDGET Retail Promotion 200$ Revenue: Co-op sponsorships (2 x $1500) 3000 Bed race participants (10 x $150) 1500 Other sponsorships - DDA and CRA 1500 Subtotal Cash Revenue: 6000 In-Kind Newspaper -Sun Sentinel -ads and printing Radio -Sunny 104.3 TV Other Total Revenue. 6000 Expenses: Event si age $150 Contracted services $700 Awards & recognition $1, 000 Design & Typesetting $500 Insurance $800 Printing Event supplies $1,700 Equipment rental City Costs + Event fees $1,150 Sub-total Cash expenses In-kind expenses: DMC support staff Media support Total Expenses 6400 Difference rr~r r~on+w~oas s aao United State of Fitness 233 NE 2`~ Avenue Delray Beach, FL 33444 (561)330-0338 Fax: (561}330-0628 March 25, 2008 Al the request of the Downtown Marketing Cooperative, US of Fitness has agreed to let them use the firs~half of our parking lot for the Bed Race scheduled on May 16~', 2008. General Manager Denise Moms United State of Fitness 233 NE 2~ Ave. Delray Beach, Fl. 33444 47/GLd MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: Apri19, 2008 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF APRIL 15, 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 31, 2008 through April 11, 2008. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meeting of April 9, 2008 A. Approved with conditions (6 to 0), a master sign program for New Century Commons, located at the southwest corner of Linton Boulevard and SW 4th Avenue (500-520 Linton Boulevard). B. Approved (6 to 0), a request for a color change for Spring Landing, an existing residential development located on the west side of Congress Avenue, south of Linton Boulevard (1865 Linton Lakes Drive). C. Approved (6 to 0), a Class I site plan modification and architectural elevation change associated with the installation of a fabric awning for Shutter Services, located at the southeast corner of SE 2nd Avenue and SE 1st Street (100 SE 2nd Avenue). D. Approved (4 to 2, Andrew Youngross and Mark Gregory dissenting), a Class I site plan modification and elevation change associated with minor modifications made to increase the garage width and master bedroom sizes of the townhouse units for Midtown Delray, located on the south side of Linton Boulevard, at its intersection with Old Germantown Road (4600 Linton Boulevard). E. Approved (6 to 0), a Class I site plan modification and elevation change associated with the removal of coral rock, re-stuccoing and re-painting for Costa Delray, an existing residential condominium located on the east side of South Ocean Boulevard, south of Linton Boulevard (2175 S. Ocean Boulevard). F. Approved (6 to 0), a Class II site plan modification associated with the installation of a car display in the interior showroom for Delray Mazda, located on the east side of South Federal Highway, south of Linton Boulevard (2001 South Federal Highway). G. Approved (6 to 0), a Class I site plan modification associated with the installation of a new rust- colored fabric storefront awning for Mellow Mushroom, located at the southeast corner of SE 6th Avenue and East Atlantic Avenue (25 SE 6th Avenue). H. Approved with conditions (6 to 0), a Class II site plan modification and architectural elevation plans associated with the construction of a 1,340 sq. ft. building addition which includes an information center, restroom facilities and nursery area for Seacrest Presbyterian Church, located at the southeast corner of Seacrest Boulevard and Gulfstream Boulevard (2703 N. Seacrest Boulevard). L Approved with conditions (6 to 0), a Class III site plan associated with the previously constructed outside storage area, 6' wood fence, brick paver overflow parking area and the relocation of a dumpster enclosure for Tropical Awning, located at the northeast corner of SE 4th Street and SE 1st Avenue (335 SE 1st Avenue). J. Approved with conditions (5 to 1, Shane Ames dissenting), 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). K. Approved (6 to 0), a twenty-four month extension (expiring April 26, 2010) to allow the construction of 46 townhouse units interspersed throughout the existing development for Bahai Delray, located on the west side of Lindell Boulevard, approximately 2,100 feet south of Linton Boulevard and east of I-95 (955 Crystal Way). L. Approved with conditions (6 to 0), a Class III site plan modification and landscape plan associated with the establishment of the storage and rental of construction equipment that does not exceed 100' long, 14' wide and 15' high for Hunter Crane, located approximately 140' north of West Atlantic Avenue and 197 feet west of Congress Avenue (2189 West Atlantic Avenue). M. Approved (6 to 0), a request for a color change for Old Harbor Plaza, located at the northeast corner of Linton Boulevard and South Federal Highway (1725 South Federal Highway). N. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the conversion of a 1,200 sq. ft. office area to restaurant and the addition of a 834 sq. ft. kitchen, a new 284 sq. ft. dining deck, a new 120 sq. ft. gazebo area for Surf Cafe, located on the southeast corner of NE 5th Avenue and NE 4th Street (393 NE 5th Avenue). Concurrently, the Board approved a waiver request to reduce the minimum height of the building from 25' to 15' . Historic Preservation Board -Meeting of Apri12, 2008 1. Approved with conditions (6 to 0, Jan Kucera absent), a request for a Certificate of Appropriateness associated with the installation of a wall sign for La France Apartments, located on the west side of NW 4th Avenue, south of Martin Luther King Jr. Drive (140 NW 4th Avenue). Concurrently, the Board approved a variance to allow a wall mounted sign to be located on the east (front) building elevation, whereas City Code requires one (1) free standing sign with a maximum of eight (8) square feet in area and a maximum height of three (3) feet measured from the finished grade to the highest point(the variance request is not appealable to the City Commission). No other appealable items were considered by the Board. The following item which was considered by the Board will be forwarded to the City Commission for action: • A City initiated amendment to the Land Development Regulations (LDRs) (Ordinance 09- 08), enacting a new subsection 4.5.1(N), "Criteria for Removal of Historic Designation from Part of a District", and a new subsection 4.5.1(0), "Removal Procedures", in order to provide criteria and a method for removing a historic structure, building, site, or part of a district from the Local Register of Historic Places. The Board directed the Planning and Zoning Department staff to move forward with the resurvey of the Marina Historic District, review the resurvey results, and consider an overlay district as an alternative to the removal of the Historic designation. If the City Commission is committed to a de-designation process, the Board could support "Version 2" but only after the resurveyed and City staff has had ample time to review those results to 0. RECOMMENDATION By motion, receive and file this report. Marina Historic District has been . The motion passed by a vote of 6 Attachment: • Location Map SPRAB HPB A. NEW CENTURY COMMONS H. SEACREST PRESBYTERIAN 7. La FRANCE APARTMENTS 8. SPRING LANDING I .TROPICAL AWNING C. SHUTTER SERVICES J. DELRAY BEACH INFORMATION TECHNOLOGY BUILDING D. MIDTOWN DELRAY K. BAHIA DELRAY E. COSTA DELRAY L. HUNTER CRANE F. DELRAY MAZDA M. OLD HARBOR PLAZA G. MELLOW MUSHROOM N. SURF CAFE N ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DEL RAY BEACH, FL PLANNING & ZONING DEPARTMENT APRIL 2008 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\4-15-OS --DIGITAL BASE MAPSYSTEiIA-- MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri14, 2008 SUBJECT: AGENDA ITEM 8.M.1 -REGULAR COMMISSION MEETING OF APRIL 15, 2008 BID AWARD/RANDOLPH & DEWDNEY CONSTRUCTION/FIRE STATION #1 WIND RETROFIT PROJECT ITEM BEFORE COMMISSION Bid award to Randolph &Dewdney Construction for the construction of the Fire Station #1 Wind Retrofit Project for $148,757.44. BACKGROUND The project work consists of upgrading ten large garage bay doors utilized by fire apparatus to maintain compliance with current minimum building code wind load requirements at Fire Station #1, located at 501 West Atlantic Avenue. The Fire Station #1 Wind Retrofit Project is funded under the Hazard Mitigation Grant Program contract (DCA No. 07HM-4@-10-60-02-026) between the Division of Emergency Management and the City of Delray Beach. This is the second attempt at bidding this project, and Randolph &Dewdney Construction is the only bidder. The first attempt to bid the project resulted in no bidders. The proposal is close to the estimated cost of $138,130 for the project, and therefore is being recommended for award. FUNDING SOURCE The funding source is #334-2311-522-62.87, after budget transfer. The Division of Emergency Management contribution is $103,598.00 The City of Delray Beach's contribution is $45,159.44 RECOMMENDATION Recommend approval of the bid award to Randolph &Dewdney Construction, Inc. in the amount of $148,757.44 for the construction of the Fire Station No. 1 Wind Retrofit Project. U N O ~ O O ~ i W O ~ O N O ~ ~ ~ ~ O ~ O >C W c 0 LL 0 •~ ~~ O ~ O O O d' ~ O ~ 0 0 0 ~ ti ti ~ (/1 O O Off? ~ ~ w O ~ ~ N O GO ff? ff? ~ O W otS v ~ ~ ° ~ ° ° ° a ~ o o o o ~ W o r` o oo U o ~ r o o ~ U Z o ` o of~ ~ ~ a ~ N ~ ~ ff? ff? ~} Z ~ ~ W O H Z (n Q Q (n (n ~ J W uJ J J O O (0 i (6 ~ O ~ O ~ Z O •~ ~ O ~ ~ ~ U c6 ~ ~ H ~ O ~ ~ 0 C _ ~ (6 , ~ ~ O ~ C O W O > O O ~ ~ O ~ U ~ o ~ O ~ N M ~ ~ +. Z ~,- ~, Addendum No. 1 Addendum No. 2 ~ ~andolp~h & ~ewdney construction Inc. 1191 N. Federal Highway * Defray Beach, FL 33483 * (561 j 276-2$$9 * FAX (561 j 279-4$85 Request For Proposal Delray Beach Fire Station # 1 Wind Retrofit Project Project #: 2001-52 Re-Bid #: 2008-27 Submitted To: City of Defray Beach 100 NW 1St Avenue Defray Beach, Florida 33444 March 17, 2008 ~ t ~~` p~ Q ~"'! ~ CV ?~ '^ s~ ' ~ ~ ~ ~ n a~ v p ~ ~ ~ ~ ~ N ~~ ~ ~ ~~ ,~ ~ ~ ~ ~ ~~ :~ ~ ~ .~ ~ ~ ~ ~. a~ ~ ~ _ ,~ r ~'~° ,~ ~ ~. ,~ ~ ~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~ ~~ ~ ~ 9 . r~ c!p +t r 5. Bidder agrees that the 1Afork will be substantially Completed within ~,,, calendar days after the date when the Contract Tune commences to run, and completed within 3~ calendar days after the date of Substanfial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work an time. 6. The undersigned agrees as follows: Accompanying this Proposal is a certi#ied check, cashier's check ar bid bond (5°/q of total Bid Price} meeting the requirements of the Contract Documents far $; °)n ~~ ~a~ 8~~1 payable to the City of Delray Beach which is to be forfeited if, in the even# that this Praposai is accepted, the undersigned shall fail to execute the contract and famish satisfactory Contract Security and famish insurance certificates under the conditions and within the time specified a~ the instn~ctions to Bidders, otherwise, said cedified check, cashier`s Check or bid bond is to be r®tumed as provided herein. 7. Communications concerning this Bid shah be addressed to the Bidder as indicated below. 8. The terms used in #his Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on March l7, 2pp8 a.) (If a corporation) Signature of Bidder Corporate Seel Randolp ey Constrraction, Inc. By: Print ame: g Address of Bidder: l 191 N. Federal Hi~ltway --- ......~ - I]e~ v~ Bead F~ _ 33483 incxarporated under the laws of the State of Flo~da b.) (If an individual, partnership, or non-incorporated organization} Signature of Bidder i3y: Print Name: Address of Bidder. c.) Certificate of Competency number -CBC D 59 ~ 2 3 t-iGGn 5~ I'-4 d.} The names of the corporate officers, ar partners, or Individuals doing business under trade narrtes is as follarnrs: Signature 8i d icy; Print one: Title: Business Address: N. 3 Incarpa`ated under the laws [~f the Spate of IC~orv~ia. _ . [Remainder of this page left blank Intentlonaliyj P-5 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: Apri17, 2008 SUBJECT: AGENDA ITEM 8.M.2 -REGULAR COMMISSION MEETING OF APRIL 15, 2008 CONTRACT AWARD/ALL FLORIDA GENERATOR INSTALLATIONS, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $45,118.00 to All Florida Generator Installations, Inc. for the emergency backup generator for the new Information Technology Building, P/N 2007-001. BACKGROUND All Florida Generator will provide one (1) totally self contained fully enclosed "sound attenuated" diesel generator including all support electronics, fuel delivery systems and installation. Staff obtained three (3) quotes for the project as follows (attached for your reference): Vendor Amount• AFGI All Florida Generator Installations $45,118.00 Americas Generator, Inc. $52,846.14 Pantropic Power, Inc. $78,426.00 The low quote in the amount of $45,118.00 was submitted by All Florida Generator Installation, Inc. It is noted that All Florida Generator Installation, Inc., is the electrical subcontractor for BSA Construction on the IT Building construction project. FUNDING SOURCE Funding is available from account 334-6112-519-62.85 (Gen Constr. Fund/City Hall Exp/ IT Bldg). RECOMMENDATION Staff recommends award of contract in the amount of $45,118.00 to All Florida Generator Installations, Inc for the emergency backup generator. ~ t. $ ~~l _ .~ Bill Branning BSA Corporation 9 NE 2~~ Street Delray Beach, Florida 33444 Re: Information Tecihnology (°acility City of Delray Beach Bill: AFGI propose to furnish the fallowing: 2126108 One (1) ®iesel engine drlrren generator set type J20®[lL-111 consisting of the follov~ing accessories: - 4.2 L engine 1 diesel fueled Jahn DEERE engine type 6068HF475, TIER - 182 kw alternator type Leroy-Samar LSA462M5, 12 Lead recannectable, Shunt excitation. - 1 % voltage regulation - Caoi flow Radiator with fan guards - Fuel shut off solenoid valve - Fuell=filter - Solenoid activated starter motor - Air cleaner and oil filter with internal bypass - Oil and radiator drain extension - Battery charging alternator - 1 Battery 12vdc, 70AH - Diesel fuel flex line - Isolators between engine/alterna#or and base frame - 800 Amp main line circuit breaker - Mechanical type governor - Digital NEXYS type control panel displaying: o AC volts a AC amps o Frequency o Oil Pressure (Psi and Bar) o Water Temperature (°F and °C°) o l=ue1 Level (where applicable) o Overspeed o Overcrank o Emergency Stop - Sound Attenuated enclosure, rated at 70 dba @ 23 ft. Including a critical Silencer mounted inside. ALL FLORIDA GENRAT®R IRSTA~LAT10RS, IHC. X050 S,W`.14~"' Piacn, 5u~~e#ZO I~n~nton Il~eac~, I~rida 33426 RN: 9T1-676-9376 plp 561-572-3i0~i, FAQ[: 561-572-3101 IT Facility, CODE Page 2 2~2s~2aos - One Set Users Guide and Maintenance Manual - Two years 1 1000 hour warranty from commissioning date or 34 months from Purchase date or whichever occurs first. - 500 Gal. DW sub-base diesel tank Aut~mafie Transfer Swifch One Thomson Mode! 870, solid state, fully automatic transfer switch, rated 600 amps, 1201208 volts, three phase, four wire, three pole, 60 hz, in a nema 1 enclosure with manual operator and complete with all standard equipment and the following: programmed transition digital metering and programming package time delay start time delay stop time delay transfer time delay retransfer under voltage sensing, both sources source available and connected indicating lamps battery backup exerciser clack NET T®TAL PRICE: $45,118.00 (PLUS APPLICABLE SALES TAX) EXGEPTIORlS AN© NOTI=S: ® Includes delivery, off loading, test acceptance Excludes load bank and fuel Add $1,500.00 to eliminate the 000 amp main disconnect and upgrade to a service entrance rated automatic transfer switch Generator is in stock, ATS lead time is 4 to 6 weeks Respectfully Submitted, ALL 1=L®RI®A GENERAT®R INSTALLATIQNS, INC. Mark McCarmick~ President ~rrleric~~ G~ner~~®f'S, Ingo a~i ~ ~.w. 6~St str~~t Miami, FL 33166 {305j 592-6800 1=AX (305) 592-6900 CUST.#: 10794 SHIP TO: C,ty of Delray Beach 434 S SwlntOn Ave Delray Beach, FL 33444 ~ ~T~ QUOTE GATE QU07E N0. 02!11/08 10045110-04 P.O. NO. PAGE # 1 SALESPERSON: J~~n Schuh col~leESPONOaNC~TO AmerlCaS Generatflrs 8511 MW b1 st St Miami, FL 33166 Tel 3055926800 E31LL TOE City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 Tel 5612437306 Fax 561.243-1344 INS'FRUCTICN6 EX WOfkS ~ Miami 5H1P POINT SHIP VIA TcRMS Americas Get~eratvrs Net 30 LEHE NO. PRODUCT AND DESCRIPTItlN QUANTITY _ [aL9TED UNIT PRICE AfYIOUNT (NET) 1 553072 1 _~ _ 35184.00 ~W ~ 36184.00 200 kW John Beare Tier 3 SAE 3 Ph Gen Set MJ200 ~ 2 111113 1 99.99 99.99 Battery for 81 to 300 kw Generator, Series 31 3 110029 1 199.94 199.99 Triton Battery Charger 12 Volt for X Series 4 11203 1 250.00 250.0 Block heater JDS101 for John Deere M 6 Cynli 5 220031 1 450,00 450,D0 Fuel Tank Mounting 101 ~ 250 klyd including wiring & programming fuel level indicators 6 990002 1 3910.00 3910.00 5 Year Limited Extended Product Warranty The five year extended product warranty begins either 90 days after date of sale or upon generator start-up, whichever occurs first. Please see extended warranty policy for terms, length, and coverage of extended warranty. 7 220001 1 150.00 150.00 Labor far Installation of Battery Chargers $ 220002 1 125.00 125.00 Labor for Installation of Block Heaters 9 220014 1 499.00 499.00 120!240 V 3 Phase Delta 60Nz 208 Stinger Leg L-~I Signature: ALL SALES ARE SiJBJECT TO AMERICAS C:EIV~,RAT®RS "TERMS AND GQIUI)ITIONS OF SALE". AlVI' PURCHASE !INDICATES EXPRE55 AORI=EMEIUT ~IldITH OLDR "TERMS ANI] COIVIIITIOIVS OF SALT=". N® RETURINS OR REFUIU135. 25% RESTE~CKIlNO El*E APPLIES T(3 ALL C3Fi13ERS GA~lCELLED PRIDR TO SHIP PIING. All orders require payment in full upon customer acceptance of quote. It is the customer responsibility to communicate the required delivery date. If na delivery clefs is indicated a default of 34 days from order placement will be used as the expected delivery date. All equipment rTrrust be paid in full three working days prior to required delivery date. In the event a customer is not prefsared to receive their equipment on that date the following applies: The equipment will be transferred to our storage facility and wili remain in storage until customer is ready for delivery. the following charges apply to these additional services. 't% of the price of generator(s) far loading, securing, ~snloading, and insuring the equipment. ~3.0~ daily storage per generator. Continued Arrrl~rica~ ~en~r~t~r~, 1ttc. 8511 I~.ViI. 61st Street Misrni, FL 33166 (3D5) 592-6$DD FAX (3D5) 592-a9DD cusr#: 1x794 SHIP TOE City of Delray Beach 434 S 5vri nton Ave Delray Beach, FL 33444 Ski.ESPFR56N' co~xR_~aoNC~NC~To ~l~T~ C.ZUOTE oAT~ auo~E No. a2fll~a~ ,,,,,,,,,, ~aa4517a-xa P.O_ NO_ PAGE # 2 Jim Schuh A~nerica5 Generators 85I1 Nln~ ~~. St $t Miami, FL 33I6fi Tel 30559268x0 81LL 7n: City of Del ray 6eac~ 434 S Swinton Ave Delray Beach, FL 33444 Tel 6b12437306 Fax 56t-243-7344 IN5TF2UCTiCNS F~c Works Miami SHIP PO€NT Americas Generators SHIP VIA TE~RW?5 Met 3x LFNE PR06UCi QF7ANTITY UNIT _ Ah30UNT NQ. AiSp C3ESCRIPTION ~ 41UQT£f3 W PFt1CE ~... {NET) 1x 15Ix47 1 6375.59 6375.5 $ax Ar€p Thomson up to 60d dolt 3 Pole N3 11 160x86 1 4602.57 46x2.57 500 Gal UL Listed Double k~a1l Base Mounted Fuel T 500 Gal Fuel Tank fitted for MJ125 - MJ200, XJ265, & MPI50 - HP200 Only. Qimensions: 16$'" x 47.5" x 25.5" 11 Lines Total Total Items 4uoted 1.1 Total 5284fi.1.4 Invoice Total 5284b.14 ALL SALES ARE SIIEJECT TC3 AMERICAS CEIUERATORS "TERMS ANLI CCNDITICNS C3F SALE". Al~llf Pt1RCFiASE INDICATES ETCPRESS AGREEMENT U4PlTFi OiJR "TERMS AND Ct7NDITICiNS CF SALE". N® RETURNS OFZ REFt~NDS. 28% RE$TOCKlT1lG FEE APPLIES TO ALL ORDERS CAFVCELt_EL7 PRlt3R TO SHIPPING. All ®rders require payment in full upon customer acceptance of quote. It is the customer respansibility to communicate the required delivery date. if no delivery date is indicated a default of 30 days from order placement well tae used as the expected delivery date. All equipment must be paid in full three working days prier to required delivery date. In the event a customer is not prepared to receeve their equipment can that date the following applies: ~'he equipment will be transferred to our storage facility and will remain in storage until customer is ready for delivery. The following charges apply to these additional services: 1°/° of the price csf generators) for loading, securing, ur~loadint~, and insuring the equipment. $3.40 daily storage per generator. Last Page ~~~'~ . ~ . ~~ ~, ~a1~r`ro~-~ ~~~~~ ~~. ate sauac~ - ax1= csf7.c - afv~ saaflrta~v~° General Scvpe of Sutroly Ili, I)ese ' ~~ Cost l L (one (1) New Caterpillar ll~odel D200P3 Il~iesel Engine Generator set, fated ~ S'I$,42i.00 2QOkW Standlzy, 240VAC, 3 Phase, 60Hz., 1800RPM. I3iesei Efsgif~e Gefferatvr Se# wlith the follawi~g accessories: Electronic iv#odular Control Panel Eli1ICP 3.2 • Eleetronac Csovernar Weather Protective Enclosure ~ 24 hr, UL Lasted sul~-lie fueP tanl~ 600 amps, T/[~, rri~ustable Circ~zit ~rea~er, 3 pale ~ Lead Acid Starting Batteries, Rack ~ Cables • Battery Chargf~r; l2"~, 3 A output. l2€3V~.C, l ~'hase Input ~ Caalant heater Panel cixl~titry Ic~w fuel Level alar~z'f ~ Canopied silexfcer system Eight ~8) Pads Vibration Isolators ® Two (Z~ Years Factory Wa>~anty l Caterpillar Yellow All Weather Ff~atective Enclosure featuring: I~ci~€ded 1 24 Hratirs UL Listed, Approved Su}~--base Feel Tank: I~clnded l ATS-Automatic Transfer S~vitcb N>wfna 3R, hated at 600 A, 3 oles, 24(3 Vac. Ineliaded I One (l) lay-Technician Start. up, 4 hrs Training. Included l~ie# F.I~.l3. Factory l;freiglft prepaid to jalrsite~ ........................... 7$,426,80 ~sale~ >urst i~cludierl) ~~i Fact fadala West Fsim St~ti Fruf 3Uky++ew 8205 NW 58 5traet 2501 Stata head 94 5465 Okeachel~e titwlevartl 272 N, F1~ter Avenue 2471 R~fiil Raatl Phiami~ R 3'31571 R. Lauderdale, FL 33312 West Faun Beech. FL33417 StuBrf. FC.34904 FoR.k6vata, FL33916 305.592.4944 tel 954.70x.7312 tat 55I.A40A619 tel 77Z6323dA2 fel 239337.4222 ref 305.471.1943 fax 95d.79S~7719 iax 5°ri.64f6.7994 fac 172&4'L 9I~S7 fax 23.9.~i7.4211 fax Below please hnd the prapcssal for the genefatar set ragt>iested. ~~~ ~~~ Pantmpic Pawcar.lnc. afaE sarrec~- tree c~c -nt~rs=~aurronr~ 'I`o~l .................................................................................................~ 78,426.00 Il~luct fa-r the ATS .................................................................................~ - ~,90~.Q~1 bead Tirrse ........................ 3 '~eeeks, minty o~ae {l)+anit cura-emtly in stock based nn €irst iat, fit served basis, E~eeptinns/Notes. l . Electrical Riser Dnagrarn not available at the time of the quote Z. Specs were. zaot available at the bane of this quote I,~portsnt: Quote does not include the following (unless otherwise specifically axoted above ia~ the General Scope of SuPPIY)= • Foci, Faaei Piping, Fuel • Fiectrical Equip. • ]Cnstallatian Per~nfttir~g ~ Venting Installatiaaa fees • Fuel Equipment I~ststal~ti+att • Exllaartst E+~rupmtent I~Iatlan • E~6atast Pipe & ~su~tian Cables, Fires and CQaadnits • ~ll Eq~xipxnent Ins~.bation • Engiumecrix~g ~i benign, • Engineet~g Y1ia-awiatgs • Fer~ndation Can~rete Pall • Etluipnxeut IJnloadamtg * Egaaipanent Suring • F..gr€iprnertt Rend • Equiparent Anciaariu TERIviS: 90°ro payment due 3{l clays from date of invoice; $alance payment- due prior to start up or 1 SO days after iasvoice, whichever occurs. Sales tax might nut been fnciud~ in dais qu®tati~sn. CONDITIONS: Terms of this sale are subject to credit approvalL~w' Paotropi~ P©wer. Cagceilatiotts will aiot be accepted except an terms that will it~detmnify Paratropic Power agaiaast any loss. Cancellation charges will apply to orders cancelled aver .Paaxt~rropia's receipt of written release for production from Customer. Prices are valid for 3[} days from quote date. The conditions cif this quotation hecoaue a part of any order resultir-g hereforth and azay purchase order subrroitted in response to this quotation, modifying, altering, or adding t~s these conditions shall not be binding unless accepted by us ~ writing. There are Sao agreements, understandings, or stipulations relative to this quotation other than those expressed herein. Quotation is subject to 3taaadard Pantropic Power Products, mac. Standard Terms ~ Condition on reverse side. Tlzanlc you for allowing us the aglaorntnity to propose the above-descn`bed equiprrnent. PANTRC?PIC Pf3V1ER PROI3UCTS, INC. Mt9f~ tet[ 1811~(1{aE8 Yw@St ~1l~ ~6HEh halt. ~~ ~gtg 9205 N6+t 58 Suet ?5E11 State ~ 64 54S9t3taedro6ea @9ufeward 272 H. F€a~,er Avanne 2471 Rackfilt Aced Miamt, R 33156 F2. E~udeMale, f~ 33:it2 Ydaat Rakn , ~ 334.17 Stuart, R 34994 Fart Myers, Ft 33316 345.592.4944 iel 457.791.7972 t~l 551.6 49 1191 13 e;l 712.fi92:A4? 4al 239.337.4222 €ef 3~.4T1.t943 fax 95.4.791.1119 foe 5;3t.644.78S4far 772692.9757 fax 239.331.43tt faz " ~~~~ Parrtr~pic d'nfrrar, lr~e<. ENE 5Llift3trE - r3KE GALE _ LINE SIPLtlTlLiltF'" ~dCa.la~ly: Spenc~i- Chaccin I'c'wer ~~s~en~ Sales engineer ~l~(~OS j~f1~-3? ~9 e-mail: sprvncer chacon a7pa~~rc~pic.cam ~ Fit LepkerthtEe fit ar!€on Ica st~,t Fotc p9y~, 8205 WW ~ Street 2~1 State Aead 84 5480 Okear~uUse OauE~rd 2]2 N. h'aglur.4~nue 2474 Btukflll fluad Mimi. fL331t~5 Ft_ Lauderdale, FL 33312 West Palm Beech, FL33d17 Swart EI34~d FunMyers. FL 33915 3E~.592.4944 s8i ~d397.7972 tel 58t;8Q0.0$t8 tel 772:692.3442 tet ?38.337,4222 Gel 305A77.4943 fax 934.791.1710 fax 5t?1.540.7~9 fex 772.6929757tax 239.337.4211 fax gy,~p~g~~~ t pe9!?BfAj~lC ~6GYflf, IIfC. afitt' ~i}URCE - tTAi€ C~tCt - t3NE SDLUFltIf~" ,ro°,';e.F B11tCG'~rtC,ff:fR ~x 4 ~ -T 9 ey~ 1_ ~~fj~I `~k° -may ~ ~ . 1 ~~ 4+~ ~ k ~,,~ ~ryi ' ~' '~ ~ ra _~ Rai Caterpillar Generator Set - 2Qfl kw ~'o; M~. ~'~~'~~r~ ~~~~C~~r~~~~rA .1;';411 %tcat~tir~;~z~~,71 ~.~iui;::cerr,arzcc ~:~171` Of..r)C'.~f°C7;}% l:iFffC.'~1, :R lr; i^F-L1~"t ~J. e~Yi N Quot~#: 06SC~478-D2f14P3 Erann: Spencer Chact~n - EPG- Sales Engineer e-$nfai.[: spencer c~.con@pantropie.cam ~h(30S)9~9-3259 Ear{77264-~?~1 Attn: ~IIr. Williams ~3at~ rmc f~t~ardala waatPelm eaea6 Smart Cron arm 3?A6 NW 5Q Street ?54f State Aaad Sd 544A70~eechad~e Eaufevasd ?72 N. Fiagle~ Pxanus 2d7t AaCkfill Aoad Ahiami, FL 33T5fi ' F~ taudordala, FL 33312 WastPslm 9aach, Ff 33417 Stuart FL3g33q Fort fA}vxs, FC33916 33 5.59Z.A9AG ter 95.797.737? iel 55I.8kiJ.€i$t$ tel 772.692,3ddZiaf 239.337,d?22 tef 3U5.477.49d3 fax 954.791.7713 tar 551640.7( ta~c 7?2.f>~2.87s7 ~ 239337.42T1 fax ~~ INFORMATION TECHNOLOGY FACILITY PROJECT LOC,4TION NORTi-i ~].~. ~. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: Apri18, 2008 SUBJECT: AGENDA ITEM 8.M.3 -REGULAR COMMISSION MEETING OF APRIL 15, 2008 CONTRACT AWARDBELL SOUTH-PRIMARY RATE ISDN CIRCUIT ITEM BEFORE COMMISSION City Commission is requested to approve a three (3) year contract between the City and Bell South for one (1) Primary Rate ISDN circuit in the annual amount of $10,205.52. Our current annual charge is $10,888.80. BACKGROUND Attached is a quote and proposed contact with Bell South for one (1) Primary Rate ISDN circuit. The contract has been reviewed and approved by the City Attorney's Office. The price quoted is fixed for the three (3) year term of the contract. The ISDN Circuit is basically a network line that supports our 172 individual telephone lines. This circuit supports 172 telephone lines at City Hall, the Community Center and the City Attorney's Office. The service is required to provide telecommunication lines to the three (3) sites. FUNDING SOURCE Funding is available in the following budgets: Administrative Services (001-1802-512-41.10), Community Center (001-4125-572-41.10) and City Attorney (001-1611-514-41.10). RECOMMENDATION Staff recommends approval of the 36 month contract between the City and Bell South for one (1) Primary Rate ISDN Circuit in the annual amount of $10,205.52. TO: David T. Harden, City Manager FROM: Amanda Solomon, Telecommunications Systems Manager THRU Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting April 15~', 2008 Approval Letter of Election BellSouth Primary Rate ISDN DATE: April 7~, 2008 ACTION: City Commission is requested to approve an agreement with BellSouth to renew our Primary Rate ISDN contract. This contract provides for one (1) Primary Rate ISDN circuit which supports 172 telephone numbers for City Hall, Community Center and the City Attorneys office. Currently our contract has expired we are on a month-to-month billing. New contract rates will be $850.46 monthly or $10,205.52 annually. Funding is distributed throughout various departmental accounts in City Hall, Community Center and the City Attorney's office. BACKGROUND: This service is required to provide telecommunication lines for the City Hall, Community Center and the City Attorney's office. The attached proposed contract is for a period of 36 months. . RECOMMENDATION: Staff recommends approval of the proposed agreement with BellSouth in the amount of $10,205.52 annually with funding to come from account various departmental accounts. ags File: Allen/Projects Doc: Renewal of Contract for PRI Circuit 2008 City of Delray Beach Administrative Services Memorandum Letter of Election City of Delray ("Subscriber") requests BellSouth Telecommunications, Inc. ("Company") to provide the following Service at Subscriber locations as detailed in the Service Attachment attached hereto and incorporated herein by reference. The Service included in this Agreement is: Primary Rate ISDN Service The Company will provide the requested Service under the terms and conditions stipulated in the governing tariff, including any changes therein as may be made from time to time. Tariff references providing the basis for this Agreement are detailed in the Service Attachment. Important tariff provisions relating to the requested Service include, but are not limited to: 1. The Company will furnish, install, maintain, and provide maintenance of the Service in accordance with the Company's lawfully filed tariffs. The service period shall begin on the date Service is installed and billing begins ("Service Period"), unless specified otherwise in the tariff. 2. The Subscriber agrees to pay the Company for the provision of the Service based on the selected length of term described in the tariff. This monthly rate will continue for the elected Service Period and will not be subject to Company initiated change during this period. 3. The Service Period, monthly recurring charges, and non-recurring charges for this Agreement are detailed in the Service Attachment. 4. In the event the Service is terminated prior to the expiration of the Service Period, the Subscriber shall pay Termination or Cancellation Charges as specified in the tariff or in the applicable promotion filing. The appropriate tariff sections shall govern moves of service, upgrades to a higher level of service, and changes in jurisdiction. 5. The Service Attachment describes the quantity of Service the Subscriber has ordered. Should the Subscriber desire to add or change Service, the Company agrees to do so under the terms and conditions of the tariff and the Subscriber agrees to pay any additional charges resulting from the change or addition. 6. In the event the Service requested by the Subscriber is cancelled prior to establishment of Service, but after the date of ordering reflected herein, the Subscriber is required to reimburse the Company for all expenses incurred in handling the request before the notice of cancellation is received. Such charges will not exceed the sum of all charges that would apply if the work involved in complying with the request had been completed. 7. The Subscriber agrees to pay any added costs incurred by the Company due to Subscriber initiated change in the location of the requested Service prior to the time the Service is installed. 8. This Agreement shall be extended for additional one-year terms under the terms and conditions provided in the tariff unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. 9. Suspension of Service is not permitted for the requested Service Initial: Date: Page 1 of 5 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election 10. Service may be transferred to another Subscriber at the same location upon prior written concurrence from the Company. The new subscriber to whom the Service is transferred will be subject to all tariff provisions and equipment configurations currently in effect for the present Subscriber. 11. Recognition of previous service may be given to the Subscriber who renews an existing Arrangement or converts from month-to-month billing, under circumstances detailed in the tariff. This Agreement period includes 36 for recognition of previous service. 12. Surcharges, such as end user common line, local number portability, federal universal service charge, etc., that may be included in an Agreement Attachment, are not affected by the Agreement's terms and conditions and are subject to change. 13. If you are purchasing a BeIlSouth® Fast Packet Transport Service (BeIlSouth® Frame Relay Service, BeIlSouth® Asynchronous Transfer Mode Service, or BeIlSouth® Metro Ethernet Service) or a BeIlSouth® Digital Network Service (BeIlSouth® MegaLink° Service, BeIlSouth® MegaLink® Channel Service, BeIlSouth® LightGate® Service, or BeIlSouth®SMARTRing® Service) under this Agreement, such service may only be purchased by Customers whose traffic on this service will be at least 90% intrastate. Customer is responsible for complying with this requirement, and by ordering or accepting such service under this Agreement, Customer is representing to the Company that its traffic on the service will be at least 90% intrastate. 14. Should any state or federal legislative or regulatory authority with appropriate jurisdiction determine that any or all of the Regulated Services provided hereunder should no longer be regulated or provisioned under previously applicable tariffs, and provided it is otherwise permissible under applicable state or federal law, the Parties agree that their respective provision and purchase of such Regulated Services shall thereupon be governed by the terms and conditions of this Agreement. Initial: Date: Page 2 of 5 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election State Specific Terms Select state where service will be provided under this Agreement. State specific terms may apply: ®Florida ^Louisiana ^Alabama ^Georgia ^Kentucky ^Mississippi ^North Carolina ^South Carolina Subscriber and BellSouth acknowledge and agree that to the extent the services to which Subscriber subscribes under this Letter of Election are provided in Alabama, Georgia, Kentucky, Mississippi, North Carolina, and South Carolina, all references to "BeIlSouth's General Subscriber Services Tariff," "BellSouth tariffs," "BeIlSouth's lawfully filed tariffs" or any other reference to BeIlSouth's tariffs, whether in the body of this Agreement or in the Service Attachment shall be deemed references to agreed contract terms and conditions applicable to the Service(s) identical to those set forth in BeIlSouth's Service Descriptions and Price Lists, available at http://cpr.bellsouth.com/bst/product_line.htm and incorporated herein by reference as if included fully herein. To the extent there exist any discrepancies or inconsistencies between the terms set forth in the body of this Agreement and the Service Attachment and those incorporated herein by reference, the terms set forth in the body of this Agreement and the Service Attachment shall govern. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms. By signing or indicating acceptance, Subscriber acknowledges and accepts all terms of the Agreement as set forth above, including all terms set forth in the "Service Descriptions and Price Lists found at http://cpr.bellsouth.com/bst/product_line.htm, as applicable. ^Tennessee In the event that the Subscriber terminates this tariff term plan without cause prior to the expiration of this term plan, the Subscriber shall pay a termination charge as specified in the BellSouth Tariffs (Section A2.4.10.E.1 and B2.4.9.A.4, available on the Web at http://cpr.bellsouth.com/pdf/tn/tn.htm). Subscriber and BellSouth acknowledge and agree that to the extent the services to which Subscriber subscribes under this Letter of Election constitute a "bundle or combination of products or services" under Tennessee Senate Bill 182/House Bill 593, effective June 1, 2005, all references to "BeIlSouth's General Subscriber Services Tariff', "BellSouth tariffs", "BeIlSouth's lawfully filed tariffs" or any other reference to BeIlSouth's tariffs on file with the Tennessee Regulatory Authority shall be deemed references to agreed contract terms and conditions identical to those set forth in the applicable tariff(s) for the services included within the Subscriber's bundle or combination, as such tariffs existed on May 31, 2005, and which are on file with the TRA. Such tariffs are incorporated herein by reference as if included fully herein and can be reviewed at http://www.bellsouth.com. To the extent there exist any discrepancies or inconsistencies between the terms set forth in the body of this Agreement and those incorporated by reference, the terms set forth in the body of this agreement shall govern. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms. By signing or indicating acceptance, Subscriber acknowledges and accepts all terms of the Agreement as set forth above, including all terms set forth in the "Service Descriptions and Price Lists found at http://cpr.bellsouth.com/bst/product_line.htm, as applicable. Initial: Date: Page 3 of 5 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election This Agreement is effective when executed by the Subscriber and accepted by the Company. Subscriber Name Signature Date Printed Name Title BELLSOUTH TELECOMMUNICATIONS, INC. By: BellSouth Business Systems, Inc. Signature Date: Printed Name Title Page 4 of 5 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election Attachment #1 State: Florida Service Period: 3s The attached QuoteExpert document, incorporated herein by reference, includes all rate elements required for: Primary Rate ISDN Service Those subject to rate stabilization are indicated in the General Subscriber Services Tariff. Other charges mandated or permitted by Federal, State, or Local statutes may also apply. Attach QuoteExpert document to the Letter of Election Initial: Date: Page 5 of 5 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Quote Number: BBS080307133053 Customer: City of Delray Prepared By: Karen Holmes Subject: BellSouth Primary Rate ISDN (FL) Quote Detail Description QTY USOC/Code Installation Monthly BellSouth Primary Rate ISDN (FL) Exchange: BOYNTONBEACH (Rate Group 11) Payment Term: 24 to 48 Months ServingArrangemerr~: Local Serving Office Rate Plan: Flat Rate Access Line 1 1LD1E Uoice/Data (Standard) Flat Rate Uoice/Data Class of Service 1 PR7RX Interface 1 PR71 V B-Channels 23 PIZ713V Telephone Numbers for Uoice/Data and Digital Data Inward/2-way 172 PIZTfF Fxid User Common Line (FLTCL) 5 9ZR Telecommunications Relay Service 5 E~ess Line Port Charge - PRI 1 9ZII'R Federal Universal Service Charge - PRI 1 FUJMX Circuit Location #1 Address: 100 NW 1 stAve Serving CO: BYBHFLMADSO (561/731) -BellSouth T elecomm, Inc. - FL Switch Type: EWSD *Rates for the tariffservices listed in this quote are bas ed on FCC Tariff Section 4.7 (FCC 1). Total List Price PRIAdvantage Promotion: (Offer expires 04/30/2008) - Installation Fees Not Applicable PR7TF, 9ZR, FUJMX, 9ZEPR, and PR7RX USOCs are excluded $875.00 $130.00 $0.00 $0.00 $110.00 $375.00 $115.00 $1,150.00 $0.00 $34.40 $0.00 $34.50 $0.00 $0.55 $0.00 $14.00 $0.00 $5.50 $1,100.00 $1,743.95 ($1,100.00) BeIlSouth's price quote identifies the various charges applicable forthe provisioning of the proposed services; however, there are miscellaneous additional charges that may be applicable but cannot be precisely quantified. Such charges may include directory assistance charges, franchise fees, license fees/taxes, local usage charges, per usage feature charges, dual party relay charges, hearing and speech impaired charges, miscellaneous listing charges, number portability recovery charges, Internet charges, long distance charges, operator assistance call charges (i. e. collect calls, third-party calls and call interrupts), and/or other charges identified in BeIlSouth's tariffs or applicable service agreement terms. In accordance with the tariffs or other applicable service agreement terms, the Customer will be billed any such charges incurred, and will be held responsible for payment of such charges. Prepared By KarenHolmes (561)640-6638 Quote Number BBS080307133053 This Quote is valid 30 days from last revision dateg3/07/2008 Federal, State and Local taxnot included. j i~ The information contained in this proposal is proprietary to BellSouth and is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written permission from BellSouth. This quote is subject to the availability of the services set forth above. Created by QuoteExpert Page:1 Printed: 03/07/2008 I Quote Number: BBS080307133053 Customer: City of Delray Prepared By: Karen Holmes Subject: BellSouth Primary Rate ISDN (FL) -Additional Reward: B Channel Bill Credit AperB channel effective rate of~15 applies ILDIE, PR71 V, PR7TF, 9ZR, FUJMX, 9ZEPR, and PR7RX USCX's are excluded - 90-Day Satisfaction (~iarantee! Winning Rewards Promotion: **Terms and Conditions Offervalid only for service billed to a BTNenrolled in the Winning Rewards Promotion, or for service billed to a new BTNenrolled in the Promotion subsequent to activation of the new BTN. Rewards start automatically for service billed to an enrolled BTN. Rewards start after 2 to 3 billing cycles for service billed to a new BTN. -Monthly Reward Plan A 36-month (10%Monthly) Reward on Eligible Services Reward not to exceed ,$2,500.00 per month 9ZR, FUJMX, and 9ZEPR USOCs are excluded - New Service Reward ($796.46) One Month Free Service 9ZR, FUJMX, and 9ZEPR USOCs are excluded Total Effective Price Monthly Reward: $893.50 Annualized Reward: $10,722.00 Total Life of Contract Rewards & Waivers: $24,402.46 ($88.50) $850.46 Totals $0.00 $850.46 BeIlSouth's price quote identifies the various charges applicable forthe provisioning of the proposed services; however, there are miscellaneous additional charges that may be applicable but cannot be precisely quantified. Such charges may include directory assistance charges, franchise fees, license fees/taxes, local usage charges, per usage feature charges, dual party relay charges, hearing and speech impaired charges, miscellaneous listing charges, number portability recovery charges, Internet charges, long distance charges, operator assistance call charges (i. e. collect calls, third-party calls and call interrupts), and/or other charges identified in BeIlSouth's tariffs or applicable service agreement terms. In accordance with the tariffs or other applicable service agreement terms, the Customer will be billed any such charges incurred, and will be held responsible for payment of such charges. Prepared By KarenHolmes (561)640-6638 Quote Number BBS080307133053 This Quote is valid 30 days from last revision dateg3/07/2008 Federal, State and Local taxnot included. j i~ The information contained in this proposal is proprietary to BellSouth and is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written permission from BellSouth. This quote is subject to the availability of the services set forth above. Created by QuoteExpert Page:2 Printed: 03/07/2008 2 Quote Number: BBS080307133053 Customer: City of Delray Prepared By: Karen Holmes Subject: BellSouth Primary Rate ISDN (FL) Circuit Location Information BellSouth Primary Rate ISDN (FL) cxL # ~ City of Delray 100 NW 1st Ave Delray Beach, FL 33444- BeIlSouth's price quote identifies the various charges applicable forthe provisioning of the proposed services; however, there are miscellaneous additional charges that may be applicable but cannot be precisely quantified. Such charges may include directory assistance charges, franchise fees, license fees/taxes, local usage charges, per usage feature charges, dual party relay charges, hearing and speech impaired charges, miscellaneous listing charges, number portability recovery charges, Internet charges, long distance charges, operator assistance call charges (i. e. collect calls, third-party calls and call interrupts), and/or other charges identified in BeIlSouth's tariffs or applicable service agreement terms. In accordance with the tariffs or other applicable service agreement terms, the Customer will be billed any such charges incurred, and will be held responsible for payment of such charges. Prepared By KarenHolmes (561)640-6638 Quote Number BBS080307133053 This Quote is valid 30 days from last revision dateg3/07/2008 Federal, State and Local taxnot included. j i~ The information contained in this proposal is proprietary to BellSouth and is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written permission from BellSouth. This quote is subject to the availability of the services set forth above. Created by QuoteExpert Page:3 Printed: 03/07/2008 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: Apri17, 2008 SUBJECT: AGENDA ITEM 8.M.4 -REGULAR COMMISSION MEETING OF APRIL 15, 2008 CONTRACT AWARD/MCCABE BROTHERS CONSTRUCTION CORPORATION - ATLANTIC DUNES PARK BOARDWALK ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $177,392.00 to McCabe Brothers Construction Corporation for the Atlantic Dunes Park Boardwalk Rehabilitation, P/N 2007-021. BACKGROUND McCabe Brothers Construction, the apparent low bidder will provide all labor, material and supervision necessary for the renovations to the beach access ramp that spans from SR AlA east to the beach. Scope of work will include modifications to the existing piles, new boardwalk decking, stringers, benches and handrail system. FUNDING SOURCE Funding is available from account 334-4170-572-63.48 (General Construction Fund/Improvements Other/Atlantic Dunes Boardwalk). RECOMMENDATION Staff recommends a contract award in the amount of $177,392.00 to McCabe Brothers Construction Corporation for the Atlantic Dunes Park Boardwalk Rehabilitation. O O O O O O O O O ~_ N m E a ° ~~ o ~• m cn o O N N ai Gj ~ O ~ +r Z o "~ ~ z °' w w w w w w w w w c `° c ~ ~a ~ ~ ~ ~ ~ ~ ~ ~ ~ v~ ~O ~ ~ ~ ° L d O ~ ~ a~ C a ' as '~ ~ Z o O o H o ~ a ~ ~ m o X 00 m 0 0 0 0 0 0 0 0 0 Q ~ N O N O O O O Q~ tD ~ Q~ r O r N ~ r tD LC> >+ L r + W m M M M Q~ LCD tD r O r LCD ~ _ 0 ~ ~ t ti ti ~ O M M ~ ~ M Q ~ ~ r r r N N N N N M +-~ ~ ~ ~ ER ER ER ER ER ER ER ER ER -a ~ ~ ~ 3 O N > o .~ a ~ ~ ~ ~ ~~ 3 W~ U ~ ~ N ~~ L a ~ ~ a ~~ m 0 0 ~ m ' c ~ o ~ ~ ~ Q o d U c ~ N ~ ~ to O c W O ~ a~ j 'a~ Z ~ }~ ~ ~ ~ L ~ ~ ~ Q ~ ~ ~ y d ~ N C N v ~ ~ O t+/! N O O ~ O U o ~ U O U ~ ~ O ~ O ` o Z to y a~ O v ~ ~ ~ . o ~ N J O .~ ' ~ ~ N i V ~ N CC L ~ m W L J N O U ~ m V vi o E ~ O ~ O J O ~ ~ Y ~ +~ L O ~ ~ ~ U ~ ~ ~ m ~ ,~ Z H ~ ~ U cv ~ O ~' N ~ +~ ~ ~ ~ ~ ~ ~ m m > ~ in w ~ cn v m a ~o O a WHITE I RHODES -VILLA AvE. Q DEL-HAVEN DR. W F- Q L I N T O N B O U L E V A R D J .. Q F- ln ..... Q U Q Z ~~ ri Q d Z' ~ CITY of DELRAY BEACH ®~ ENVIRONMENTAL SERVICES DEPARTMENT ATLANTIC DUNES PARK DATE:04/07/2008 LOCATION MAP AR DUNES PaPoC LocYaP ®0e 434 BourH awrrroN AVENUE, DELRAY BEACH, FLOFIDA 33444 2007-021 1 of 1 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: Apri17, 2008 SUBJECT: AGENDA ITEM 8.M.5 -REGULAR COMMISSION MEETING OF APRIL 15, 2008 CONTRACT AWARD/MCCABE BROTHERS CONSTRUCTION CORPORATION -POLICE DEPARTMENT RENOVATIONS ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $54,826.62 to McCabe Brothers Construction Corporation for the renovations to the Police Department Briefing Room, Report Writing and Mail Room, P/N 2007-056. BACKGROUND McCabe Brothers Construction, the apparent low bidder, will provide all labor, material and supervision necessary for the renovations to the briefing room, report writing room and mail room. Base bid includes the following; selective demolition of flooring, wall finishes, existing built-ins, acoustical ceilings, grid, light fixtures and diffusers. New finishes will include flooring, painting, millwork, acoustical ceiling, electrical and mechanical devices. FUNDING SOURCE Funding is available from account 334-2111-521-46.10 (General Construction Fund/Repair & Maintenance Services/Building Maintenance). RECOMMENDATION Staff recommends a contract award in the amount of $54,826.62 to McCabe Brothers Construction Corporation for the renovation to the Police Department Briefing Room, Report Writing Room and Mail Room. t V ~ ~ d 0 m a 0 ~_ ~ O ti m N O O ~j O N ~ ~ o ~ ~_ z °' H ~ ~ V ~ N N ~ W ~o~ ~ w w w ~ 7 c~ o ~ ~ ~ N ~ d c a° ~ a a d ~~ ~~ ..~ s ~~ ~~~ ~,.~~ -moo ~~~ c ~ .~ L ~ O ~ N C .- ~ ~ ~ O '~ rn.X N ao.=_~, o ao~ N ~" ~ ~ r M W L ~ N ~ ~ CC G ~ ~ ~ u, 0 m M ~ ~ N O O ~ ~ ~ 0 L tD O O ~ Q D .y ii t ~ 'a t' N tD r Z 0 ~ ,,ww V ~ ; m 00 00 tD '~ Z I ~ LJ L~f'~ Lf'~ _ Cfl ~ ~ ~ . ~ ER ER ER V e ~ W (Q ~ _ M W m F n O a ~ o L ~ V W ~ C C L N ~' a H U L o ~ ~ v N J L O U1 ~ ~ t U c ~ d ~ ~ U m ~ t ~ ~ z ~ ~ ~ U ' ' ~ Q m m > ~ ~ ~ ~ ~ ~ ai E . ~ 0 d 0 d t O N _A 0 O O O O N 0 0 O r O O O }' M r r O r 'a 1~ 1~ O 00 O y ~ ti tD 00 O N ER ER ER ER ER V L L 0 _~ 0 V ~ ++ o , V L (,~ L ~ ~ ~ ~ ~ ~ a i ~/j V O y a~ C C U - N . O ~+ i Q ~ C ~ ~ ~ ~ L ~, ~ c v ~ ci ~ W ~ L 0 ~ ~ ~ U ~ ~ t Y U1 ~ ~ p U ~ o ~ ° a ~ ~' ~ ~ , `~ ~ ~ a ~ ~ ~ ~ ~o Y U ~ s 00 0 o V O o 0 0 0 0 0 o vl Op o 0 0 0 0 LCD LCD N O LCD LCD LCD LCD LCD M U ~ x 0 i n 0 i :.J J 1 cC r 0 i a :~ ~ `~ ~0~ ~~ ~EL~AY ~EA(1H DELRAY BEACH POLICE DEPARTf~ENT o-Ar~:oa/oz/zoaa °~d ENVIRONMi~ITAL SEFiVIC~S ©EPARTMENT LOCATION MAP ~ArPCUC~o~r.~aarr~ '!7 Oe'P 434 SOUTM SWPf70N AVEMl1E, ~ELFiAY BEACM, FLOFd~A 33444 2007-058 ri 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: Apri13, 2008 SUBJECT: AGENDA ITEM 8.M.6 -REGULAR COMMISSION MEETING OF APRIL 15, 2008 CONTRACT AWARD/TECHNICAL INSPECTIONS, INC./LIFT STATION NO.50 ITEM BEFORE COMMISSION Approve an award to Technical Inspections, Inc. in the amount of $16,725.00 for cleaning the Wet Well in Lift Station #50 on Lowson Blvd. BACKGROUND Utility Maintenance staff has experienced problems with Lift Station #50 not pumping at the appropriate times due to foreign debris matter obstructing the float level indicators. Float level indicators that are obstructed will not properly signal the station pumps to activate, which can possibly cause a near capacity or even an overflow situation. This foreign matter consists of miscellaneous construction material (such as small sections of wood studs and concrete blocks), accumulated grit and grease, and miscellaneous garbage; unfortunately, this debris finds it way into sanitary sewer system. To properly clean the station will require temporary deactivation of the station and by-pass pumping, pressure washing of the walls and floors, and vacuum removal of all debris. Utility Maintenance solicited quotes for this work. Two quotes were received; one from Technical Inspections, Inc. in the amount of $16,725.00 and one from Chaz Equipment Company, Inc. in the amount of $22,900.00. FUNDING SOURCE Funding is available from account #442-5178-536-68.15, Water and Sewer Renewal and Replacement/Lift Station Rehabilitation. RECOMMENDATION Staff recommends award to Technical Inspections, Inc. in the amount of $16,725.00 for Lift Station 50 Wet Well Cleaning. Mar 1t3 Uti 1U:Z6a Mfke Fitzpatrick ~1_ggg_~~~g p ~ Technical inspections, frtc 808 S.VV. ftnperial Drive Palm City, FL 34990 Office (772} 597~T55 Fax {772} 597~T5t1 PROPOSAL. Attn: Mr. ilaiilor, CI. Willingham t]ate: iNarch 18, 2008 City al Delray Beach; Utilirias Supervisor Phone: 581-243-7307 434 5. Swr'sr>ron Ave t=a~c .581-243-73A4 Delray 8eact~, F133444 CQ#_ Bmai: Re: G of De~frav 6eacfi-LS ~F.*Q. 2Z2ip Lawson Rd. Please !nd below our pmposa! for Bypass Pimping ~ Vac:uurr- Rerrroval of Sevrage and acxumulated debris at LS#r.~0 kx;ated on 2220 Lawson Rd. scaPe of worn: Plug influent pipe flowing in6o lift station. (Dia. 24"} Set up and rrtainfenarrce of {2} ~ 0" Pwripq aapa6le of hantilir~g flows of A'iDD GPM. The pumps will beset up as one being the priirrrary anrt one as a back up. This will arrears that once the deaning operaSae begi,~s, should there be any faikrre of the prtmery pump, ~e badr up pump will t>e ~plemer>ted wlo delay. Cleaning with high pressure water of vwalis, piping, tloas, etc. Vacuum removal ~ all Sewage and accumulated detxis, sack as grit, grease, etc, by means of r~rrm truck. Far the Lump earn of #iS.725.00 (Siul3een Thousand, t~evan Hundr~f TMraMy Five Dollars.) Note: Technical hrspecGons would agree to provide afi equipmenE and supervision, to be ~ strict compliance with all oorr5ned space entry requirements City would allow debris removed in vawum finx~t to tae transported to there dump-site. 1NOrk will be subject to final approval by Cities rep. Thank you for the appa'turlity. Shoukf you have questions regarding #his proposal please oontad me direct at~95~d} 889- 4703. Tan Yule Jr. Prraajedt ,5uperintendsr>t ~~ ~~. 3181 P. 7 3180 fairlane Farms fiaad, Suite 1 Weflingtan, Florida 33414 Tsl; {5B1j 333-2109 Fax: {5s1j 333-21QQ Proposal March 21, 2008 City of Delray Beach F3D [Ulr. Milton Willingham 434 5fluth Swinttm Ave Delray Beach. Florida 33x44 Re: PrQ~ai for i.iitt Statign ~$f) Byloastt atrmQinst / Cieanince of wet well Mr. Willingham, Please find below our proposal for the labor and ntaterlals for bypassing and debris removal /cleaning of Liff Station ~D. Item 9; Bvoass setet~ and maintain A Mobilize, setup 1f}" Trash pump diesel {4,1(?0 GPM); w! 1a" backup pump installed on existing pump out connection 37',Ot?8.00 8 Maintain bypass 1t7" Primary Pump and 1tY' Backup Pump estimated at 5 days ~ ~8001day: 33,000.0© C Demabllize bypass pumps ~3.50Q.00 Item 2; Removal rDisr~nse debris from station A Vac truck wfoperator 5 days x 8 hours! day x $235.f3f)ihr gg,400.1}f) B Dump fees at SCRWWTB plant an Congress Ave By City of ©elray Total Propasaf Estimate: $37900.08 SpECial PnWi5tfltl: Item 1i3 and 7A are estimated. If actual usage tirne8 go over Ehe 5 days estima#ed, respective hourly unit pricing will be invciced for actual overages used. ~ VEla appreci~e~he opportunity, Ho4v~f'd Wight Vice President Page 1 of 1 0 U W N J Q Z Q U W 3 vi Z W Q LOWSON BOULEVARD ~t. o p S. yy, 10~ ~ w DEL-AIRE BLVD. L.S. 50 -o o a o ~ .°J ~ Q 0 ~ } 3 N N ',,.. ~ ~ N ~ (n p ~ N W ~[j K U I ~' 3 3 ~ O W ~ Vl U' ~ ~ ~ a MALAYAN DR. Z CV ~ p S. W. 11TH COURT O a ~~ v a PAPAYA i S.W. 12TH CT. o ~ DRIVE } a Q v ~~ 3 ~ n S.W. 13TH ST. ~ N ~ } Z ~ ~ N ` vi O = N ~ p Q } SW. 13TH CL d ~ y. z g ; rc 3 ~ ~ ~' ~ o d ~ 3 N <' O ~ ~' SUMAC CT. 3 ~ S. W. 14 ST " ~I of ILENE CT. ~' 0 ~ BLACK OLIVE BLVD. DRIVE ~ o CATHERINE m .-~ i ~ m ~ ~ ~ a J _ O O ' a CV 0o B O U L E V A R D 0 0 N U N O D_ 0 0 Q U W ~~ CITY of DELRAY BEACH LIFT STATION 50 DATE:04/02/2008 d ENVIRONMENTAL SERVICES DEPARTMENT ®®~ 434 80UiH SWNiON AVENUE, DEL RAY BEACH, FLOFl~A 3;1444 LOCATION MAP 2008-200 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: Apri13, 2008 SUBJECT: AGENDA ITEM 8.M.7 -REGULAR COMMISSION MEETING OF APRIL 15, 2008 CONTRACT AWARD/TECHNICAL INSPECTIONS, INC./LIFT STATIONS 94A, 95 & 107 ITEM BEFORE COMMISSION Approve an award to Technical Inspections, Inc. in the amount of $30,100.00 for Rehabilitation of Lift Stations 94A, 95 and 107, piggbacking on Martin County, Florida bid # A/ROS-351 BACKGROUND The Public Utilities Department requested funding for the annual lift station rehabilitation program with the current year's budget allocation at $60,630. The award will allow us to continue with our annual rehabilitation program, focusing on stations in the worst condition. For this year, Lift Stations 94A (Pines Trail South, NW 3rd Drive), 95 (Conklin Drive at Military Trail), and 107 (Dr. Carol Krol Way at NW 18d' Ave) will be rehabilitated. Utilities Maintenance staff solicited quotes for the rehabilitation of these stations receiving only three quotes for this work from Murray Logan Construction, Inc. in the amount of $41,000.00, Chaz Equipment Company, Inc. at $39,499.00, and Technical Inspections, Inc. at $30,100.00. The scope of work includes by-pass pumping of the stations; furnishing and installing new stainless steel base plates, flanges, and gaskets; installation of break-away fittings and new pump guide rails with associated brackets; and the restoration of the floors. Break-away fittings and guide rails are to be furnished by the City. FUNDING SOURCE Funding is available from account #442-5178-536-68.15, Water and Sewer Renewal and Replacement/ Lift Station Rehabilitation. RECOMMENDATION Staff recommends award to Technical inspections, Inc. in the amount of $30,100.00 for Rehabilitation of Lift Stations 94A, 95, and 107, piggbacking on Martin County, Florida bid # A/ROS-351 near its uzs `iu:~ba ivuxe ritzpatrrcx ~1-968-5129 p,2 Technical Ittspectior>FS, Inc PROPOSAL ~8 S.W. imRerial ~eive . Palrn City, FL 3499U Qffice (772) 597755 Fax (772 597~75Q Atirt: k~tr. Milton D. Willingham []ate. March t8, 2008 City of Delray Beach; tltilitiBS Supervisor Phone: 5fi1-243-7307 43d S. 5wint~ort Ave Fax: SS7-243-734+1 Delray Beach, FL 33M4 Ceu: - i=rr-ait: Re: Cif~y of Detrav Mach-tS i,Q~ LS s4A„ ~ Proaosat Please find below our proposal bebw for the fallowing struc#ures. This prop05al is in acxord2rtCe t+rn4h: cotml-rd Ahrtln, Mrwst.~r>~atfos Ylfaferwaatm+a~ar~edatg, rer~r,NOet~. tiia rt ,,I~R~35~ Scope of Want Remove existing 4" dk~ctile iron piping from Pump base 9t)'s uQ and in#o the valve vault, stopping ~ the Check valves. (To indude top ms's.) Replace wi#h neMr 4' PVC C-900 sewer pipe, D!P 9Drs (407 Epr~xy Lamed), vrf epoxy coa#ed SS mega 8anges_ Supplied bIf 7eclsnlcal Inspecdions_ Remove existing 4" pump bases, guide rails and txadcets; replace wI eaw pump bases and guiderails supplied by d#y. t..S #'! 7 Dr Carol Kral Wa 8 Rw it3lh Avenue Payment item descn'bed as farce main. Aittrr. Cost 53 50Q,flD Price pff# (x4Q) ~ 37.00 $7,240_iZ0 Replace iii>i sta#ion rails 57 ,600.OD Payment item descnibed as work not speafied (x13) tabor Rate $751hrhrean (4 man craw) ~ i,90D.4a Total i10,2+1fl.a0 L5 ~ 9dA 43321h111Y 3&h E7rive P'a~rment item described as force main repair. lf+fin_ Cost 53,500.00 Price ptft (x31) ~ 31.00 #80fi.06 Replace lift station tads 51.600.00 Payment item deecxibrrd as work not specrf' cd (x13} labor)tate $75firlman (4 man 53,90D.OD Fatal S9,t306.D0 LS # 55 Canidin DriYe & Militasv Troll [Tine Kinadoer] Payment i#errt described as force main. Min.. Cos! S3,SOD.00 Pnce pIR {a44) ~ 31.00 $9,054.OD Replace lift station rails - $1,600.DD Payment item described as work not specrFied (x13) lobar Rate 575lhrlman (4 rr~rt cre~-) 53,9[X}.00 Toffit 51 D, Q5+l..t10 Grand Total 0 i .00 lnduslons: Bypass ptxnping 6required. ~xdusiorts: nla ~i ~ ~ l~' Yom Yrtale Jr. RrNect StfperirrAara dent ~~ ~.~ ~~j14/LVUts Vtf.41 rrs,~ ~bIbJ6LI0V Vr[f4L tl$tflr~tn~ 1,U 1nL IQJVV'LlVU:f 318t! Felrlen8 Farms Ro8s0, S~tl#~ 1 t#Vell~rlgtori~ FIOr'id8 33414 Tel: [564) X33-2109 Fax: {561}333-~16A Engineering Contractor SewperCoat Lift Station Rehabilita~i~n Prvposa~ City of Defray t3each Utiti#ies January Z9, 2008 Mr. Miltpn WiMingh~t'r & Mr. Harold Wltliams Tsl: (561} 243-7308 100 N.W. 1st Ave., Delray Mach, F[ 33444 Fax: (561) 243-7344 Gentlemen, Please 1-ind bel~r our proposal for the rehabilitation of the five, (5) LiR 5tatinrrs below wlt?t the sp®cifr@d pipe-~wrlc in accordance with the C' of I ~ Z~T• Litt Station ~ - N.W. 18th Ave & Carol Kral Wy (off Ct3n9n'„ss) ( No 5ewperCoBf) -Wet WeH ©imensians - 6' E7iameter X 17' Deep; By-pass set t1p & maintenance far s" Influent ~ 52000fea: 3g,0~.40 s" ~y-pass I~,mp, 2 dais ~ ~zczoroar. ~aoo.o€~ (7C2) Reinstall 4" pump base (provided by City) {included) Remove 8 replace (Chat-furnished} 4" riser pipe ~ top 90`s + ins#ali guiderails and guiderail bra~cets [City furnished} (7096 of #1$}: 59,800.00 Tatai LS. ~ 107: i12.700.t)0 l.lft Statlan No. t35 - 1050 N. Drn-e -Nigh Ptiint #6 Off l3atwick Rd. ( IVo Se~rCoat } -Wet Wall Dimensions - 8' Eliameter X 10' Deep; 8y-pass set-~rp & mainterk~nca far 8" inRUen# ~ $2rJll0/ea: $2~OOOAO 6" By-pass Pump. 2 clays @ $200/Day_ $x00,00 (X2) Reinstall 4"pump base {provided by City) (included) Remove 8 replace (ChazdUmished} 4" riser pipe $ tap !a0's + install guiderails and guiderail brackets (City-furnished) (70% of #18}: ~g,$Qp,Op Total L5. ~ ti5: ~12,2t)D.00 '---~~- Llft $tatlon No. 94A - 4550 N.W. 3rd Dr. off Military Trail ( No Ser~perCaat } -Wet Well Dimensions - t3' Diameter X 10' Deep; 0y-pass setup S maintenance far 8" influent ~ $20001ea: S2,OO13.00 ~" 6y~pass Pump, z c~ys @ ~20aD~r X00.00 [X2) Reinstall 4" pump base (provided by City} [inde~ded) Remove & replace {& furnish} 4" riser pipe 8 top 90's 3C through to vault S CArrnect to existing check vahres + install Crew ®uideraits (Cittr-famished);BO°i6 of #18): $'I1,200.00 Yotal L.S. ~ 94A: S13,13Q0.00 Page 1 of 2 ~f.~ Jy~C~,~ SBw' ~'~/ i4/zvun ua : v ~ r nn ~ti I:i;i3'L I13V ~nnc e~ult'F1trv i ~u ins ' Llft 5talton If+to. ~ -Military Trail ~ Conklin Dr (t3y Tire Kingdom) ( NO SewperCaaf) -Wet Well I)imensivns - i3' Diameter X 13' yep; ~y-~aiss set-up ~ ma€rltenance fvr 8" influent ~ $2D©0lea: $2,0OO,OD 6" By-pass Pump, 2 days ~ S2Q0lDay: $,4ETD_Ot3 (XZ) Reinstall 4" pump base (prcn+ided by City) (included} Remove ~ replace (8 famish} ~" riser pipe 8 top 80's ~ through to vault 8 connect to existing Check valves + install new guideraifs (City-fumi5l~ed) (80~ of #18): $11,200,00 7oEail t.~. # 95: Sf 3,6t1dt.Ot3 . E,ift Station No. 59C - 2175 Rabbit Holknnr -off Old German Town Rd, ( No 5swperCoet) -Wet WeN Dimensions - 6' 17iarnet®r X 17` ~P; By-pass set-up 8. rnain#enanCe fvr B" ~ftuerrt ~ y200tUee: X2,000.00 6" B31-pass Pump, 2 days ~ $200/Day: 5400.OA (XZ} Reinstall 4" pump base (provided by City} (inclutie4y Remove ~ replace ($ famish) 4" riser pipe & top 90's 8 through to vault & connect td existing Check valves + install rtew guideraiis (City-fumishezi) (t3t7°~5 of #1 i3}: $11,20U.DD Tatai L.$. # SSt:: ;1l13~Bt1©.t>~Q inc~adad: Pipe 8 f'itb'n~ replacemen# as depicted an each station hereirs. Bypass set up 8e main#en8nc~ t]eiray-frsmisned in9taiFetlon ar new base t30's and guider8ilS Mobiliratlon excluded: Sewpen;.ast applicat#on existing canting removal inF~ration repairs (except for the# related 6D where pipewprk meets s4ruCtura) Valve vault plum#rirtg replaCSrnent ~J VV:~/UV:i Prvpoael 7v4at 4~Or (~~ LiR Stations; ~iG6,~tI!?,tltl Thank you very much, ~'t~ c:~ ~ ~~ j~ ~~~ ~~ Brad Miller Project Manager Page 2 of 2 Feb• 5. ~D08 I~44~~1 11~URRAY L~GAN CO~STR~TC~'IQN, Il~TC. ~a~rsl C~~trtrctors 3l 3 65th Ti~l North West Palm Bcuch, Fi.. 33413 DIVE ~b1.685-3948 PA7C 56f-fi8b-~4S5 QUOTATION TO: ~Y o~DdraY~eac~- 434 S. Swiutan Avg Dehay Beech, FI, 33444 Atm: Miltou D. Willin~a~m NAME OI' PR+[3IECT: Lill Statloa R~chabs_ I.5'9 lcl7, 95, 94A, 85 !~ 59C I.ACA'~C?N: City of De~q l3eaacl~ PLANS AND SPB~'ICA'f'IE3N5: ~o,8$fiG ~, 1 llA'TE: Febraary 5, 204$ '~ lPl<t4POSE '~O FifBNISi.{ ALL I.ABt}R, MATEII~AG AND 16«QIIIP11ixENT TU I~ERFtDRM THE FOI.i.4W1ENCrs ~- ltebabflit~ lift stat~tt s I07 85 as fallouts: i. Mobili~#ion ~. Vacanm cant wet well and bye sedge as necessary. 3. T;t,eatc)4'O ertd disport testing bast elbows and k71~1P.5_ ~. S~ipn~u new ~r.„ steel base ~~. 5. Install owner fiurushed base elbows and gkmcle rail sgstem. ~. 8upztlylinsia}l 4" Cr900 PVC tisex ld ~izirtg Uni- series 900 adapter . t,t~ scan Prl~e~ S 10,0~04.44~ea ~ 2 each = ~0,o0o.a0 Ret~abilita~ b#t sTatiau~c 9~, A~ s~1G as fuitaw^s: 1. Mvt~ili~to3u ~~// 2. Vaanurn out wet well aad by-piss sawa~c as ~ssasy. 3. Remove and dispose existing base elbows, riser pipes, top 90 bends and Iwrizo~al pipitk~ up to c~turclc valves. 4. Supp1Y/ill new'/~" bast plates. ~. XQStall oc fnm6shed elbows acid guide rail sys~m. ~- Suppi3'/ir~114" C-94ft FVC riser pipes, 4" Ask tlaagod 90 bap~ds, aid 4" G9~Ua PVC l~orixamal pipes, ntiliang Uai-ice series 900 air #~ges on the PVC. piPip& Luao~ Suva Price: SIS,~U0.0v/es ~ 3 each a S4b,500.00 Notes: 1. Price quoted is based on The CFty of I?c1raY Heaeh providi»g tbs base elbows and suede ~til systeur for each lift sta#ion. 2. Frioe quoted is based on piping oat each statism usi~ G900 PVC piping Pipe with Srxies 90ti Uni flange9. 3. l'eipt quoted is based on the ~t that tike ~ c,8~eclc valves aad plug valves bald }n+essnre. BIJY$It3' SIi3t~ED ACCEPTANCE CON3Tt1"ETt'ES AttI1~tDING CONTRACT. IN'i'HE HVr~V3' THER$ IsANY DEFgt1LT IPT PA:Y~EIV'PAL~ LJNA,ER'~I9 CpIq~RAAt:'r AND'FtIE 3AI~ i3 PLACED IN' TIC IiAND$ qF AN A730ItNEYK~R C6~ THE PC1gC$A.9£'R IlNDA[?R I~EiRC~IABERS f#E~1{ A08~'PO PAY ALL COST OF C`.OLEF,CTJC)N 1~TCLi1I)1NC, BI7'I' NinT IAA TQ A REA~tAI;I,E A.xTq~tEY'6 FBE. TAtMB NET3Q DAYS. ACCEPTED: M~TRRAY IAGAN CONSTRUC`~UN, ANC. ~• ~ ~ w urilG- ~kIG. 111Y l ~ qq PLACE O SANE O LANE LAKE I D A R O A D PETAL PLACE w N.W. 6TH a CT. ~' a ~ = a 0 ~ wFERNDALE DRIVE ~ ~ Z o ~ ~ ~ N.W. 6TH ST. N O ~ ~ z a ~ ~% a~ Q o N• W. 5TH CT. o_ ~ ~~ E ~ h~ a~ a ~ ~n 3. 0o N. W 2' 3 o Z o N Q o J h STN ST. n 3 Q - 2 c Q 0 0 0_' N.W. 4TH ST. U d O °.~' N W 3RD DR. 0 ~, L.S. 94A 3 n N. W. 3RD CT. 0 E U a L.S. 95~ ~ a a rnl CONKLIN DRIVE Q ~ ~° ~ 3 °'I _ N. W. 3RD ST. Z c ~ NORTH LA SEDONA CIRCLE J N.W. 3RD cc J G O O N 00 3 O O Z N U N O d 0 0 Q U W ~~ CITY of DELRAY BEACH LIFT STATION 94A 8~ 95 DATE:04/02/2008 d ENVIRONMENTAL SERVICES DEPARTMENT ®®~ 434 80UiH SWNiON AVBJUE, DELRAY BEACH, ROFl~A 3;1444 LOCATION MAP 2008-200 a° BISHOP OR ~ Q J( GN v~i ~ ° u W o ~ L.S. 107 OR' OA ^ R0~ KRO~ WAY ~ ~ ~ U _~ v POINSETTIA BLVD. U ti S ~ o a ~ w rn ~ 41 a AM ROSE DR. W = N.W. ~ ~ 2ND z ST. W 3 ~ Q z I W J N.w. 1ST ST. MARTY FLADELL DRIVE Q Z a Q U (n ~ W ~ 3 z C~ Z _ O U ~J~ P~ N ~ ~ ~G~,Pe ~~ P ,o o' a G ~ N P T ~A ~ CITY of DELRAY BEACH LIFT STATION 107 DATE:04/02/2008 ®d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP ®0@ 434 9C1J11~ 8VVNIiON AVENUE, DELRAY BEACH, FLORDA 33444 2008-200 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: Apri17, 2008 SUBJECT: AGENDA ITEM 8.M.8 -REGULAR COMMISSION MEETING OF APRIL 15, 2008 PURCHASE AWARD/DUVAL FORD/PICKUP TRUCKS ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of two (2) replacement Ford F-150 4x2 pick-up trucks from Duval Ford for a total cost of $27,534.00, including accessories and warranty, per Florida Sheriff's Association contract (FSA-Bid #06-14-0821 Rollover) specification #33. BACKGROUND The two (2) replacements will be assigned in order to better utilize current resources and to down-size one vehicle from 3/4 ton to i/z ton. Vehicle 407 (Ford F-250) will be replaced with the smaller Ford F-150. Vehicle 467 (Chevrolet 5-10)is not capable of pulling/carrying over weight equipment or heavy pay loads; this vehicle will also be replaced with a Ford F-150 and will be re-assigned to the IPP/Backflow Inspector (the IPP/Backflow Inspector's current vehicle is a Ford F-250 which will be assigned back to a field crew in place of Vehicle 467). Dealer Cost Contract # Duval Ford North (1) 20081/2 Ton Pickup $11,969.00 FSA-Bid #06-14-0821 Rollover :4X2 ;:Contract Third Kev 98.00 Bedliner 495.00 !:Backup Alarm 95.00 Warranty 1,110.00 :Total: $13,767. X (2) _ `$27,534. FUNDING SOURCE 501-3312-591-64.20 Garage Fund, Machinery/Equipment, Automotive RECOMMENDATION Purchasing, Fleet Maintenance and Water/Sewer Network recommend the purchase of two (2) replacement pickup trucks from Duval Ford in the amount of $27,534.00, including warranty and needed accessories. Pricing per the Florida Sheriffs Association Rollover Contract #06-14-0821, Specification #33. ~~ .~ ~~` - .C.~RtDA ~-r,-• i, u^ .,,~ - : \StiCIl:I A 1'1 f 1N Ulu CAUN"f IIsB ~M ' ~ ~~ All About Florida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION i12 TON PICKUP TRUCK - 4X2 SPECIFICATION #33 20D7 Ford F-15D (F12} (RO) 2007 Nissan Titan XE King Cab FFV (31517} (RO} ALL ITEMS FACTORY INSTALLED 1;1NLESS OTHERWISE INDICATED -- ~'~ ,- ~ .~ ~` z: ~~:~ pna ~NSTRUCTIDNS-Listed above, you will find the model numbers of the vehicles that will be included in this year's contract. 1. ENGINE: a. Manufacturer's standard 6 cylinder gasoline engine, alternator, battery and cooling package. 2. TRANSMI55ION/AXLES: a. Manufacturer's standard automatic transmission and axles. 3. PERFORMANCE IT11MS• a. Manufacturer's standard power steering. b. Manufacturer's standard gauges. 4. COMFORT ITEMS: a. Manufacturer's standard air conditioning with 134A system. b. Manufacturer's standard tinted glass all around. c. Manufactuer's standard AM/FM stereo. d. Heavy duty rubber floor covering instead of carpet. e. Manufacturer's standard production seats. Purchaser will select color at time of order. f. Keys: two (2) per vehicle, single key locking system, {each vehicle keyed differently}. 5. SAFETY ITEMS: a. Dual outside mirrors and inside rearview mirror. b. Interior dome lights with left and righ# door activated switches. c. Manufacturer's standard air bags. d. Daytime running lights, if available. 6. BRAKES: a. Four wheel anti-lock brake ABS system. 7. TIRES AND WHEELS: a. Manufacturer's standard tires and wheels. b. Manufacturer's standard size spare tine and rim. $, CHA5SIS. FRAME, CAB_ a. Manufacturer's standard colors, factory painted, Colors to be determined by individual agencies. b. Manufacturer's standard fuel tank. Bid Award Announcement Rollover (06-I4-0821 & 06-14-0821A) 327 c. Manufacturer's standard front and rear bumpers. d, Manufacturer's standard short bed. 9. CONDITIONS In addition to equipment specified, vehicle shall be equipped with all standard equipment as specified by the manufacturer for this model and shall comply with all EPA Emission Standards and all Motor Vehicle Safety Standards as established by the U.S. Department of Transportation regarding the manufacture of motor vehicles. The successful bidder shall be responsible for delivering vehicles that are properly serviced, clean and in first class operating condition. Pre-delivery service, at a minimum, shall include the following; a. Complete lubrication. b. Check all fluid levels to assure proper fill. c. Adjustment of engine to proper operating condition, d. Inflate tires to proper pressure. e. Check to assure proper operation of all accessories, gauges, lights, and mechanical Features. f. Focusing of headlights. g. Cleaning of vehicles, if necessary, and removal of all unnecessary tags, stickers, papers, etc. DO NOT remove window price sticker or supplied line sheet. Sid Award Announcement Rollover (0b-14-0821 ~ 06-I4-0821Aj 328 VEHICLE: DEALER: ZONE: BASE PRICE 52N ~ 52N 2 52N ~ 52N 2 DTL 2 T3 DHC 2 168 ~ 168 2 DFM ~ DFM 2 DTG 3 DDT2 433-9243 433 2 585 ~ 585 2 3K t 3K 2 NA 2 X ] 2-99 W ~ X122 W 12-99W 3 W12XLT2 NA 2 145WB1 LWBZ DVV ~ DVV 2 nRV ' DRS2 DSS3 DBS2 NA 2 WGG3 WGG2 DATB € HAB 2 F-150(F12) F-150(F12} Orville Beckford Duva! Ford Ford-Mercury Western Northern $i 1,920.00 $11,849.00 ,Speed control Tilt steering wheel Passenger dome lamp Bucket seats in lieu of bench seat REGXl2 ~ W/ HAMS CONSOLE CUP HOLDER & ARM REST 2 Carpet in lieu of rubber floor covering `Floor mats HD R LIBBER 2 Deep tinted glass DEALER INSTALLED 2 Sliding rear window AM/FM radio with single CD Third key Side air bags Extended cab model (4 door) INCL. 4.6 Y8/LONG WHEEL BASE REQUIRES 627,8200GVWR PKG 2 Crew cab INCL..YLT PKG & 4.6 V8 2 Mega cab (extended 4 door cab) Long bed in lieu of short bed RESTRICTIONSAPPLYFDR EXT. CAB 2 Vent visors -stick-on style Rainshields -flange style Bug shield Trailer tow mirrors Wrap-around grille guard Aluminum tool box F-]50(F12) F-150 (F12) Duval Ford Duval Ford Central Southern $11,844.00 ~ $11,969.00 $225-.001 '; $225.002 °. lncl.3 $225.002`, Std $65.00' $300.00 f $396.002 $145.001, $145.002: $170.00 ' $8D.002 $390:001 $322.042 $390.00 ~ ~ $225.002 $290A0 ~ $290.002'i $]40.003 ? $98.002i~ NA ; NAz' $4,195.003 ' $3,638.002. $10,445.001 $8,615.002 NA NAZ! $300.001 $390.OOz $120.003 ' $89.002: $140.441 $89.402 $165.003 ! $185.002'. NA ` NA2. $1,695.003 $795.002. $695.403 $385.002 Bid Award Announcement Rollover (06-14-0821 8r 06-14-08ZIA) 331 VEHICLE: F-150 (F 12} F-150 (F12) F-150 (F12) DEALER: Orville Beckford Duval Ford Duval Ford Ford-Mercury ZONE: Western Northern Central BASE FRICE: $11,920.00 $11,849.00 $11,844.00 p13L ~ DBL 2 DSOB ~ LINEX 2 NA 2 535-CNB ~ DC4 2 D8WR ~ 8KW 2 535 ~ s3srsK 2 99L-535 -627 ~ 535172 2 DFTC ~ FTC 2 ^FCH ~ FCH 2 DBA ~ DBA 2 BUCK BUC2 RDH 2 D W-RDS RDS2 DW-RDL ~ -RDL 2 DLHPM ~ DSL 2 co-L 2 Bedliner ' PLASTIC UNDER RAIL 2 :Spray-on bedliner (Rhino or approved equivalent} Tow hooks Class 1V hitch and ball REQUIRES 535 TRAILER TOW PKG 2 8,000 lb. winch with remote 1-Ieavy duty towing package up to 5,000 lbs. with appropriate hitch INCL. BAR ~ Z 2 1-leavy duty towing package up to 7,200 lbs. with appropriate hitch 8200 GVWR ~ INCL. BAR & Z 2 Fiberglass tonneau cover (painted to match) Fiberglass cab high topper with front, side and rear windows (painted to match) ;Backup alarm Backup camera with 3.5' LCD (rear mounted camera to provide wide angle field of vision at rear ofvehicle} Rear deck halogen warning lights -red and or blue flashing ~ Rear deck strobe warning lights -red and or blue flashing DW-GS ~ GLS2 DW-GL i GLL 2 DW-RMS ~ RMS2 DW-RML 1 RML2 F-150 (F 12) Duval Ford Southern $11,969.00 $39s.0o' $24s.042 $695.001 € I $495.002[ NA ' NA2 $390.001 ~ $485.002; $1,695.00 $1,634.002! $350.00 ' $489.00; $4,550.00 $489.002; $1,645.00 ~ $1,199.002= i $1,895.00 $1,399.002 $120.00 ~ $95.2; $695.00 ' $450.002f NA _' $198A02E $390A0~ $273.002: Rear deck LED, GEN 3 minimum, warning lights -LED lights may be blue, red, amber $498.40 $333.002' or any combination -specify color Left-hand pillar mounted 6" spotlight with clear halogen bulb $420.00 ' $295.002'' DOOR MO UNTED ~ DEALER INSTALLED 2 Left & right-hand pillar mounted 6" spotlight with clear halogen bulb NA = $345.002; SINGLE REMOTE GO LIGHT 2 Strobe grille lights, 2 minimum (Whelen, Federal, Code 3 or approved equivalent) $398.00 ~ $325.002' LED, GEN 3 minimum, grille lights, 2 minimum -LED lights may be blue, red, amber ; $469.40 ~ ! $335.002; or any combination -specify color (Whelen, Federal, Cade 3 or approved equivalent) Rearview mirror strobes (Whelen, Federal, Code 3 or approved equivalent} $590.00 $355.002` LED, GEN 3 minimum, rear view mirror flashing lights -LED lights may be blue, red, $573.001: $345.002: amber or any combination -specify color (Whelen, Federal, Code 3 or approved equivalent) Bid Award Announcement Rollover (06-14-0821 ~ 06-14-08ZIA) 332 VEHICLE: F-150 (F 12} F-150 (F12} F-150 (F12) F-150 (F12) DEALER: Orville Beckford Duval Ford Duval Fard Duva] Ford Ford-Mercury ZONE: Western Northern Central Southern BASE PRICE: $11,920.00 $11,849.00 $11,844.00 $11,969.OD C64 2 .Corner Strobe Kits -Code 3 Kit with 4 c]ear tubes, PSE460 power supply, 2-15' cables, NA ~ NA2: 2-3D' cables C90 2 Corner Strobe Kits -Code 3 Kit with 6 clear tubes, PSE69D power supply, 2-] 5' cables, NA ; NAz 2-30' cables DSM ~ Complete set of shop manuals ONLY $290.00 ~ $365.402 DSM 2 51100 B ~ Minimum 5175 Manufacturer's Extended Sase Warranty ($0 deductible} $i,l ]0.00 $1,360.002; B6/100 z 6ilno e ~ISSO ~ 6YR/100, 000 ML COVERAGE 2 ~[ 5175 E ~ 'Minimum 5175 Manufacturer's Extended Extra Care Warranty ($0 deductible) $1,110.00 $1,110AOz~ '~` E5175&61100 2 ' silno E $16ss OR eiloo E $ 21so ~ r---- 6YR/IOQ OOd MI COVERAGE $21 SO 2 51100 P ~ Minimum 5175 Manufacturer's Extended Power Train Warranty ($0 deductible) $880.00 $960.042 P6/100 2 6i1nn >' ~ 96a ~ 6rwlno,nnn Ml. covERACE 2 Bid Award Announcement Rollover (t7G-14-0821 & 06-14-0821A) 334 ~~.~ ~ ~ O ~ O ~ ~ ~ N ~ ~ O ~ ~ N ~ U L c~ ^^~ G LL ~ U O ~- ~~ L ~ ~ '~ ~ ~ ~ O ~ U ~ dam' ~~ d~ ~o °-a s a v ~ _ ~ ~ ~ Q U a ~ N ~ 0 ~ C ~ ~ O ~ U c~ d N Y X N R d V X ~2 ~ O ~ ~ ~ ~ O T LL > ~ N L U ~i a d ~ ~ ~ m m ~ ~ ~ c ~ ~ rn w~ _ N > Q d Y £ O O F Q C C L31 ~ C N ~ O R V as v v d ~ > N ~ r- v v ~ ~ ~ "~ i ~ ti ~ r U ~ ~ r ~ N ER N EA Q T ~ ~ N N C'J ~ ~ r r U ~ c~ ~ en J R Q O ~ F O d ~ ~ v 0 ~ z ~ ~ ~ 3 0 0 ~ ~ ~ ~ Z ~ ~ co co 0 0 0 0 N N d Y R ~ ~ ~ Z i i L L O N ~ ~ ~ O O LL LL c6 c6 > > 7 7 ~ ~ N N ~ ~ d ~ O" V O . O ~- a s Y Y d ~ V U d U fp d d N Z ~ O C H F N N MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri17, 2008 SUBJECT: AGENDA ITEM 8.M.9 -REGULAR COMMISSION MEETING OF APRIL 15, 2008 PURCHASE AWARD/HD SUPPLY WATERWORKS, LTD. ITEM BEFORE COMMISSION This item is before the Commission to approve a purchase award in the amount of $40,436.53 to HD Supply Waterworks, Ltd. for various piping materials to be installed by the City's in-house construction crew for the Lakeview Golf Course Reclaimed Water Project #2007-020. BACKGROUND HD Supply Waterworks had a contract with the City for piping materials that recently expired. They are honoring the previous contract pricing while piping materials are being re-bid. The City's in-house construction crew will be installing the materials as part of the Lakeview Golf Course Reclaimed Water Project. Attached is a quote from HD Supply Waterworks for your reference. FUNDING SOURCE Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission) RECOMMENDATION Staff recommends approval of a purchase award in the amount of $40,436.53 to HD Supply Waterworks, Ltd. for various piping materials to be installed by the City's in-house construction crew for the Lakeview Golf Course Reclaimed Water Project. 42/I3l2408 ~iED 14:1$ FAx 95426?4498 ~lao~/oos Russ ]~at:e 2 / 3.3 / Q 8 ~~D SUI~PL~ C~IATERWOR.KS , T~`1'~) . CITE" OF DELRA Y BEACH HI~SWW -- W PAT,,i~~ BEACH E"L STOCK 13 p1 'W 1'7tT~ Street 1fl(3 N~ 1ST AV E Riviera Bead. ~~L 33404 7~l~TaRAY BEACH ~~ 33444 Te~.epk~nne: 561 -8484396 Tele~:ho z~.e: 56 1-243-~70(?0 Fax: 561 -84.5-7267 Fax: 56 1-243--7166 2/'' 2/08 B1 C3 Tlx: 3..650857 LAFZEVTEW REUSE PVC VERSION Page ~. Sell N~1~ Extelzded. Lir2e Quantity Per Description Prig Px'ice Bxd ~t~m 1 24 3160 Fi 8 0906 DR.18 0,150 PZ3RPT~E PIPE ? .12 22, t?72 . 44 30 4fl FT 6 090(7 D1~18 CL15Q PURPLE PIPE 4.77 3.9D.SD 40 2,Q ~"~ 12 0900 DR18 CL15(} PURPLE PIPE 17.90 358.00 6b 20 EA LIE`R139Q-C-8 F3ELL HARNESS G90t] 56 , 2Q 1, 124 , p© 70 30 TtL 36'~~3~OO;ROI,f~ STL'!' FENCE ~7/POS'T' x.'7.24 51.7.20 (WOODEN POST) Eid Tf.em S~.a_b~-tata7.: 24, 262.00 did Tt~m 2 100 1 EA 1flX8 MJ RFpUCER (T} CP D3; C1,S3 53.73 53.'73 110 3 EA 8 MJ 22-1/2 BEND{I) CP DI C153 71.54 214.62 120 3 EA 8 MJ 45 BEND(I} CP D~ C153 76.70 23©. 1(7 13fl 1 EA 8X5 M~' REDUCE'R (T} CP DT C153 51.66 5:1..66 14Q 2 EA b F61flt7 MJ Rte GV pL OIL ~,/ACC 411.24 822.48 CLflW GATE VALVE 150 1 EA 6 N(:7 45 I~END~I} CP DI C153 47.flfl 47.00 164 1 EA 12X6 M~' REDUCI1R ~I} CP 17I 0153 92.34 92.39.- 1.8© 2 EA 461--5 VALVE BOX M/REUSE 23.93 47.86 1.90 1 EA 12 MEGAI.,UG 0900&3wPS ~2ED 2012PV E5.44 65.44 2 Q 0 i EA 12 M~' ACC CSK'I&BOLTS SE'T' I.~/GL 8 . 95 $ . 95 (LESS GLAND} 210 1 EA 3.0 MEGALUG C9fl0&TPS RED 2010PV 62.27 62.27 22fl 1 EA 10 MJ ACC GSKT&BOLTS SET L/GL 8.91 8.91. (LESS G1.;.ANT~) 230 20 EA 8 ME`GALUG C900&TPS RED 2t308PV 32.93 658.6© 244 20 EA 8 MJ ACC GS~C'T` & BO~,TS SET I,/GL 6.94 138.80 tLESS GLAND) 250 S EA 6 MEGAT,UG C9fl0&TPS RED 20Q6PV 22.27 178.1b 26C 8 EA 6 MJ ACC GSKT & BOLTS SET L/GL 5.99 47.32 (LESS GI:Al~7I~} 02/13/29©$ WEB 19:IB FAX 9542574998 ~J9971909 Ru~~ 17at.e 2/1.:3/Q8 HD SUP P.%sY WA'I'ERWC3RK5, LTD. C1'I'Y QF I.}ELRAY BEACF-i HT]SV7~v~ -- W PALM BEACH FL STOCK 1101 W 1.7th ,Street 1.00 NW 1ST AVE £zitrie~~'a Bea~Y~~ FL 33404 IOET3RAY F3EACH FL 33444 Telephone: a61-848-,4.396 Tel.eprorae: 561.-243-70Q0 Fax: 561.-845-72f~7 ~'ax: 561. 243--7156 2/12/08 T3id ID: 1654857 LA~CL~(71E~! PF.L'SE' PVC' V~?:RSION Page 2 ,Se1J. Net Extended Li~.e Quantity Per I~e~cx'i?~t~.on Prig Price Bid Item Sub total: 2,728.8 Bid Item 3 ~*~* M~.~"~k'~+'R MA`I'ERIAIa VAULT I3Y O'T'HERS *~*~ 320 1 E,'A 6" SENSUS OMN~[' 'T'L7RBf~ TRPL F2EG 3 , 457.44 3 , 457 , flfl 330 ~. EA E FLGXPE DI PIPE. 6'4" C/L 149.65 .1,49.55 3403 ~ EA 6 FLGXFLG DI PIPE 1'0" 118.85 1,1.8.85 350 1 EA 6 MFCAFT..~~NCrFa 21fl6 72.94 72.9© 364 2 E.A. 6" PIPE SC7PPORT 31.6SS 125.Ofl 250.4fl 380 3 F.A 6X1/8 FLG ACC RR FF 31bSS B&N 39.62 118.86 Bid Item Sub-total.: 4,167.25 *~~* CONTROL VALVE MATERIATS Bid Item 4 VAULT .AND STILL WELL BY OTI-iERS *~~* 4&0 2 EA 6 ~'LGXPE DI PIPE 6"0" C/L 1.49.55 299.3(3 470 1 EA 6 MJ L/P SLEEVE(I) CP DI 01.53 56.58 56.58 48fl 1 EA 6 FLGXFLG ll1• PIPE 4'6" 185.25 185.25 490 1 EA 6" 672-20~PS flN CUFF FLO.~`I' VLV 7, 2f}1.00 I, 241. E}0 t~ITI3 RATE OF FLOW PRES SUST AND PRESSURE GUAGES 530 2 EA 6 MEGALC~G C90Q&IPS RED 2005PV 22.27 44.54 540 2 EA b M~ ACC G,SK.`I.' & BOLTS SET L/GT, 5.99 11. a8 (LESS G1,?~'~10} 556 2 EA 6" PIPE SUPPORT 316SS 1.25.00 25C?.00 560 64 FT 2X20' PVC SCHB© GRAY PIPE SWB 1.13 b7.SC7 p2f1312p©8 wED 10:18 ~Ax 9542674p98 ~008/9p9 P~~zn Date 2/:i.3/Q8 ~3 St~PP1.,Y WATEfZrr7Oh'I~S, LTD. CITY OF ;,7~;T.,BAY ~3EACH HDSWC+,7 - WPAI,~'I F~EAC:F~ ~'~, STOCIf 1:LQi Gv 17t~1 St~'~et a.oa NAT 7.5~` AVF I2a.vi~ra ~3c~ach FL 334Q4 DELrZAY ~3EAC~3 ESL 33444 'I`el~phane: 561--848-439b T~lephnrle: 567.-243-7L~00 ~'~~c: 56~-845-7267 7:~'ax: 561.-243--7166 2/12f aF3 Bach ~:~: 1 ~5©8S'7 7:,AI~EF1~1rW RS;USF PVC ~IERSION Page :~ Sell Ne ~ Extendeca Li~1e Quantity Pc~r T~e~c~~~tzox: Price Pr_c~ SOLVEN`T' WE7.,1~ S~;I~L 570 60 ~'T l,l?X60' ~~<) SOFT C'C)PPIZ 'I'U~3ING 2.90 ].'74.00 5n0 1 FA C8~-5a 1-1/4 CPLG MIPXPJC'IS 17.23 7.7.23 590 1 A C1.4-17. 1/2 CPLG FIPXPJCTS 7.79 7,79 Bid item Sub-tn~al. 8,315.4' **~* POSSIBLE CONFLICT PIPING ~~v~* Ha.d 7~.em 5 660 4 EIa 8 M~7' 45 BEN~3 (I) CP I]I C153 674 6 ~A UFF~139Q-C-8 BELL, I3ARNESS 0900 680 8 EA 8 MEGALU~ C900&IPS REP 2008P~ 690 8 EA B MJ .ACC GSKT & BOLTS SE`Z' 7~/CL, BLESS GLAND} 76.70 3a~.8a 56.20 337.2Q 32.93 263.44 &.94 55.52 Sid item Sub-fatal: 962.96 02/l3l2QQ8 WED IQ; L$ FAX 9542&74498 l~OQ9/Q09 i~urz Iaate 2/1.3/08 I-~S~ SUPPLY WATERWORKS, I.,TTJ. CITY OF ]~ET.,I~AY F3EACI-T HDSWi~' -- W I~1aI~M J~~;AC~i I~'L S`~t}CI~ 1? 01. W 17th Street 1QC1 NTH 1.ST AVE R~Yriex'a Bead ~`i: 33404 ~LR~.Y ~~A.CH FI~, 33444 'I'e]_ephone: 56:1.-848-4396 `~'e.~ephane: 561--243-700fl ~'ax: 561-545--7267 E~'ax: 5b1.-2d3-716 2/1.2/08 }3ic~ I17: :LC-i~0857 L.AICE~~1:~W REt7SR PVC VEI~S:I:~N Yaae 4 Special Instruc~.a.r~n~ ~RIC`ING GOOD FC1I2 30 DAYS Subtotal: x#0,436.53 Tam: . tl0 .Baal. Total : 40, 436 . ~3 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: Apri18, 2008 SUBJECT: AGENDA ITEM 8M.10 -REGULAR COMMISSION MEETING OF APRIL 15, 2008 PURCHASE AWARD/EVS/T3 PERSONAL ELECTRIC MOBILITY VEHICLE ITEM BEFORE COMMISSION The Police Department requests approval to purchase two T3 Personal Electric Mobility Vehicles from EVS for a total of $18,976. They will be utilized during special events and to provide security in the downtown area. BACKGROUND The T3 provides improved maneuverability in small spaces such as alleys or crowds. Since officers in the T3 are situated higher than pedestrians, visibility is superior to that of an officer on foot or in a golf cart. They are ideally designed to support proactive law enforcement for the City's Downtown and during Special Events. FUNDING SOURCE Funding will be provided through a generous donation from the Delaire Community. That funding is in the Police Reserve Account, #115-2111-521-64.90. RECOMMENDATION The Police Department recommends approval. ~~~ ~! f ., V i8 1^ MEMORANDUM TO: Mayor and City Commissioners FROM: Joeseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: March 26, 2008 SUBJECT: AGENDA ITEM 8.M11 -REGULAR COMMISSION MEETING OF APRIL 15, 2008 BID AWARD/MULTIPLE VENDORS/CHEMICALS AND FERTILIZERS CO-OP BID ITEM BEFORE COMMISSION City Commission is requested to approve multiple bid awards for the purchase of Chemicals and Fertilizers through Co-Op Bid #2008-04 at an estimated annual cost of $187,000 for the City of Delray Beach. BACKGROUND The City of Delray Beach is the lead entity for this co-operative bid. Bids were received on Thursday, January 10, 2008 from nine (9) vendors, all in accordance with City purchasing policies and procedures. (Bid #2008-04, documentation on file in the Purchasing office.) A tabulation of bids is attached with the vendors that we are recommending awards to highlighted per item number. On the chemicals bid tab, line item #94 (Weedar 64) is not recommended for award to the low bidder. This chemical must be used in conjunction with line #95 (Habitat-herbicide). UAP Distribution is the low bidder if lines 94 and 95 are combined. Also, on the chemicals bid tab, line 63 (Sevin 80 WSP) is recommended for award to the third low bidder, Diamond R, because this product must be purchased in larger quantities than we need from the low bidder and second-low bidder. Awards are recommended to the following vendors: Vendor(s): Agro Distribution d/b/a Prosource Diamond R d/b/a Atlantic-Florida East Coast Helena Chemical Company Lesco, Inc. Regal Chemical Company Southeastern Turf Gress Supply, Inc. UAP Distribution Inc. Univar USA, Inc. FUNDING SOURCE Funding from the City of Delray Parks and Recreation Department - 001-4131-572.52-26 Beautification Fund - 119-4144-572.52-21 Parks Maintenance - 001-4131-572.52-21 DB Municipal Golf Course - 445-4714-572.52-26 Lakeview Golf Course - 446-4714-572.52-26 RECOMMENDATION Recommend approval of multiple bid awards for the purchase of Chemicals and Fertilizers through Co- Op Bid #2008-04 at an estimated annual cost of $187,000 for the City of Delray Beach. a ~ ~ J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U C m ~ ~ U ~ T p~ ~ U O 7 N ~ ~ N fn U ~ - ~~ m O ~ ~ Q p N is I~ N d is M i "-' O O O O ~~ 00 ~ y ~~ o N~ p ~ M N~ m O O O O a7 ~ M~ ii N J X p ~~ ~ X p (n ~~ J a7 X ~ Ef? ~ Q O Ef? O EA O EA O EA a7 ~N O~ c ~N J Q E C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L Q. - N - N - ~~ O O - O O - U ~ ~ X M X a7 ~ O ~ ~ ~ ~ ~ O ~ O ~ O ~ N O O U O X ~ N X ~ ~ N~ CO N 0 0 I~ O ~~ N ~~ ~ N O X a7 N O X N N ~~ O N N ~ N (A O~ M ~ ~''~ ~ ~ ~ cf? a0 EA (A (A N EA (A = fC fC N V ~ ~ ~ ~ .` N ~ O G U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ` ~ ~ U o~ ~ ~ 0 ~ 0 o 0 o ~ ~ o o o o ~ ~ o o ._ ~ O N E ~ O N N O EA O EA ~ ~ O EA O EA ~ ~ O EA N ~p - W ~ ff? fA fA ~ Q Q ~ d LL d O J 7 ~ ~ O 07 VJ N X C`7 ~~ ~ ~ a7 ~ O ~ O ~ ~ ~ ~ O ~ ~ ~ O ~ ~ ~ Q ~ ~ ' N X ~ ~ N O ~ O ~ O O N N X ~ O 00 N ~ X O ~ ~ ~ d ~~ ~ Ef?~ EAO N N ~ M EAN Ef?N VJ fC EA N ~ EA EA N EA ~ ~ J a~ a w ~ ~ ~ L m ~ m m ~ p ~ ~ ~ ~_ ~_ ~ ~ ~ ~ ~ ~ ~ O E z~ o ° ~ o c~ o o ~n ~n N o c~ ~n o ~n ~n V y Q~ ~ ~ W ~ ~ ~ O N M I~ CO N N N ~ Y W ~ Z ~ J ~ d _ Y H W ~ (n J U H W Q W~ = O z p w = ~ p z~ u~ ~ Q U o ~ Z N W J ~ ~ ~ ~ C'1 ~ l ~ C'1 (n ~ ~ ~ w Q ~ U ~ O C ~ Q Q Q Q c~ Q Q Q Q= Q W ~ N M ~ ~ CO I~ a0 a7 H N N O N N (6 a J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U ~ ~ ~ ~ ~ ~ ~ o O o- ~ N 0 O 0 O 0 O o O m~ CO ~ ao CO ~ ~ c9 Ef? EA EA EA EA EA ~ N ~ N ~ ~ C O ~ ~ ~ ~ L L y C - N ~ I~ ~ O ~ O ~ ~ ~ ~ O ~ ~ ~ CO ~ Q O ~ ~~ ~ 00 N m O~ o O~ O r ~ Q 67 N O N O~ O ~~ a O N Ef? ~ ~ N r N _ ~ N Q ~ ~ (A f~ z EA ER EA ~ EA EA `C V 7 C H Q y d ~~ 0 0 67 O O 00 O O O O O O O O O O O O S ~ y ~ ` 00 EA O EA ~ O EA O EA O EA O EA O EA O EA O ~ v >. ~ ~ ~ - uj ~ ~ - ~ ~ p - L i N ~ ~ ~ ~ (6 ~ N ~ ~ - V ~ ~~ ~1D ~ rn~ ~ ~ Q ° Q ° ~ ° ° ° ~ ~ ~ j ~ ~ N ~ ~ CV ~ o O ~ ~ o ? CO N ~ o O o O o O c o c9 CV ~ fC I~ ~ N K3 ~ O O ~ ~ M ~ (A fA fA EA ~ EA ~ N ~ ~ ~ ~ Efl J a~ a w ~ ~ ~ y E L m ~ m m ~ p ~ ~ ~ ~_ ~_ ~ ~ ~ ~ ~ ~ ~ O E z~ o ° ~ o c~ o o ~n ~n N o c~ ~n o ~n ~n V y Q~ ~ ~ W ~ ~ ~ O N M I~ CO N N N ~ Y W ~ Z J ~ a ~ ~ U H W ~ Q W~ _ J ~ Z~ w = ~ O z~ u~ ~ Q U o ~ ~ z N W J ~ ~ p~ ~ ~ ~ ~ ~ (n ~ ~ Q Q Q Q Q ~ Q Q Q Q= Q W ~ N M ~ ~ CO I~ a0 O H N N O M N (6 a ~ ~ J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U ~ - ~ ~ cn ~ cn ~ cn > a~ ° cn V ~ ~ ~ ~ 67 O ~ N ~ ~ ~ O ~ ` H O O ~ o O ~ ~ N ~ ~ ~ y J N o o ~ ~ ~ ~ r N ~ X ~ ~ o ~n ~ N N ~ N N ~ ~ ~ o ~ N J - H Ef? i ~ o in ~ N ~' ~ O ~ ~~ Ef? N ~ ~ N o ~ N ~ . ~ ~ N ~ ~ J m V _ _ _ T ~ ~ ~ ~ U~ O N ~ O O O N N ~ N f~ ~ N N ~~ 67 N N N N ~ c U O~ ~~ ao a0 o (A X ~ ~ N x ~ N N X ~ N N O N~ (A X o M N d d N fA fA fA 4A r (A 2 ~ fC fC ~ V ~ ~ ~ _ ~~ VJ ~ ~ LL ~ U ~ N ~ N ~ N ~ N ~ N ~ ~ N ~ ~ ~ U~ ~ ~ ~ ~ 0 0 0 0 0 0 ~ 0 0 ~ 0 o _ N N y~ ~ ~ ~ ~ O EA O EA O EA 00 CO M EA O EA W r r ~ _ Q ~` ~ Ef? EA d LL d U O J J V ~ N N N N N ~ N N O y Q O~ ~~ O O O N~ ~~ O~ ~~ ' d ~~ N~ r O Ef? O EA O EA I~ X N O ~3 N X N ~ N K3 ~ CV r ~ CV Efl y fC fA ~ ~ ~ J ~ y y y y y y ~(7 O ~ ~ ~ ~ ~ ~ ~ ~ O E z~ ~n 0 ~ ~ O ~ O O O O U y Q~ a 0 N N N N O ~ W ~ M W O U_ ~ ~ Z O a ~ ~ U ~ N w w OD v m Q ~> C7 U o U C7 ~ OO Q O OU w ~ (¢ W ~ N W Q ~ W W W ~ = m m m m 0 U U U? O ~ O ~ N M ~ ~ CO I~ W ~ r r r r r r r H N N O V N (6 a J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U a ~, ~, ~ ~ _- ~~ o ~ o o o m~ ao o o ao~ ~n o~ o o 0 C ~ rn O ~ ~ ~ 00 00 O EA N N M O (A ~ N M M O (A ~ O EA EA ~ ~ ~ EA C O ~ •~ Ct ~ -~ N O N N O N~ a~ O O H N O N O N ~ N O~ y C - ~ M N O O O~ O 67 O O O O O O ~ O ~ N o O O~ O O ~ d ~ ~ Ef? LL N o~ ~ ~ ~ ~ EA EA 00 EA `C V 7 C H - ~ Q Q ~~ O O O O O O O O O O O O O O O O ~ s y 0 O O O O O O O ~ ` O (7 EA EA EA EA EA EA EA EA ~ C ~ - ~ ca N N N N N~ m~ N d a (sj ~ ~ 0~ ~ ~ M ~ O O O~ O p p O c ~ o ~ O N 'o O N p~j ~ O U ~ ~ ~ ~ ~ O ~ 00 T ~ O ~ 00 x n 0 x N N N O ~ ~ O ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J y y y y y y O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O E z~ ~n ~ ~ O ~ O O O O U y Q~ N O ~ W a0 N N N ~ M W O U O ~ ~ z O= d ~ J ~ N U W W v ~ z ~ > C7 O D U ~ U W ~ ~ ~ Oz~ Q O OU w ~ ~ ~ N W Q ~ W W W ~ = m m m m 0 U U U? O ~ O ~ N M ~ ~ CO I~ W ~ r r r r r r r H N N O N (6 a ~ ~ J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U ~ ~ ~ ~ ~ ci ~ vi ~ p~ U ~ ui ~ U N U o ~ N '~ ~ o ~ U o ~ U ~ O ~ ~ p 0 O O N ~ N ca o 0 0 Q a7 c ~ 0 ~ O ~ ~ ~~ ~ V d O 0 O O O O v I~ ~ ~ c~ ~~ c~ ~ w N CO o CO ~ ~ ca M M ~ ~ a7 CO ~ O O ~ 0 o o ~ U J ~ ~ ~N ~ ~N ~N a~i ~~ ~ ~ ~ ~~ ~ m o o N ~ ~ `~ a~ J o C~ ~ ~ J J C~ V T E c N O ~ - ~~ (~ O _ (~ ~° O O _ (~ ~° O O _ ~ ~ Q Q ~ ~ N (~ o N ~~ '- N (~ (~ ~~ L a o N O O~ O~ ~ ~ O O~ O~ n ~ ~~ ~ ~ O () ~ O ~ N O O O X ~ N O X M N I~ CV I~ ~ O O O~ ~ I~ O o O~ U d 0 0~ 0~ N ~ x ~ Ef? ~ In Ef? EA I~ ER C7 M O ~ EA EA EA EA EA O 2 ~ fC fC N V ~ ~ .` N LL O ~ ~ V °~ O 0 O 0 O o M m O 0 O 0 O ~ O 0 O 0 O~ VJ d 0 O O O O O ~ O O ~ ~p lJJ N ff? fA fA ~ fA fA ~ fA fA Q Q ~ d LL d U O o ~ m o o~ o~ o o~ rn ~ ~ o Q y ~~ ~ ~~ O O O CO X O O X O O C~ C`7 N ~ DO O c9 O O O ~~ a ~ ~ m N ~ N <s~ ~ X co ~ ~ VJ fC ~ fA fA ~ Efl ~ ~ J a~ a w ~ ~ m ~ m ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ z (7 ~ ~ ~ ~ n O E ~ o ~n o ~n ~ o ao 0 0 z U Q~ ~ ~ N ao ~ ~n c~ 0 0 VJ N a0 ~ N ~ ~ O ~ W ~ ~,.~ W ~ ~ Z m Z N W ~ o O U ~ ~ ~ H U =~ O H ~ ~ N W U ~~ W ~ z Q ~ m ~ ~ ~. > Z Q J W J ~ X O W J ~ ~ J U_ m~ Z ~ m W o Q O ~~ W ~C7 z= ~~ Z ~ Q ~~ Z m QQ W H ~zU W W ~Y U ~ N ~ ~ U Q U LL Z = ~ ~ ~ ~ ~ O o ~~ Q > W Q W O H W ~ ~ ~ C~Z ~~ UN ULL ~> ~ ~Z ~> ~ ~ DU ~ a0 a7 O ~ N M ~ ~ CO W ~ ~ N N N N N N N H N N O N (6 a J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U Q ~~ >_- 0 0 0 0 0 °~ 0~? o °~ o~? o~ o~ o o o~ o~ 0 0 0 0 ~ ~ O O ~ N M N ~ O f~ - O O EA EA I~ EA In EA Ef? EA CO EA EA EA C O tt ~ O ~ O ~ o Q ~ ~ ~ ~ ~ ~ y C - 0 0 O m O O O O O~ O O O~ 67 ~ ~ f~ ~ ~ O O O O O O O O ~ ~ ~ ~ ~ ~ ~ c ~ - ~ ~ a c° ~, ~ ~ °.~' a ~~ o O o O ~ ~~ 0 N 0 O 0 O 0 O 0 O 0 O 0 O ~ ~ ~ s y ~ ` 0 EA O EA N U o ~ ~ U O Ef? O EA O EA O EA O EA O EA ~ ~ ~ V T ~ ~ "' _ ~ ~ N (6 Q c ~ ~ ~ N s~ 0 N O O~ o o O O Q~ O~ ~ O~ ~ O O () j ~ O N O O N~ O O ~ o O O ~ ~ O c ~ O O ~ ~ ~ ~ O ~ a0 ~ v O ~ ~ ~ ~ ~ ~ a N ~ ~ O ~ O ~ ~ ~? ~? n n n ~? n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J a~ a w O ~ ~ (7 ~ ~ y m ~ y m ~ y m ~ ~ n ~ ~ ~ ~ ~ ~ ~ ~ O E z~ o ~n o ~n ~ o ~ ao 0 0 U VJ Q~ ~ ~ N N a0 ao ~ ~ N n ~ c~ ~ 0 O 0 ~ W ~ ~ ~ ~ Z m Z N W ~ o O J U > > ~ _ ~ ~ ~ ~ N ~ U ~ ~ LL ~ ~ N ~ p m ~ ~~ ~ Z Q J W J ~ X ~ W J ~ ~ Z J U Q om- Z H Q W ~ Q O (n~ W WC7 Z= O~ Z Q Q O~ z m QQ W m ~ ~ZU Q W W m ~Y ~ N ~~ U Q W U IL Z =~ H W ~ ~ ~~ ~ U O O ~~ Q > Q W O ~ ~ C~Z ~~ UN ULL ~> ~ ~Z ~> ~ ~ DU ~ 00 67 O ~ N M ~ ~ CO W ~ ~ N N N N N N N H a ~ ~ J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U C T c ~ U ~ .- m ~ ~ ~ Uj U N ~ U ~ ~ ~ U ~ ~ • i - ~ ~ - ~ ~ 'N O '~ N p O N ~ O M ~ O O f~ S O N O O V O O p O M~ L O O ~ V N~ 0 0 ~~ d N N~ ~ O cf? 67 ~ 0 EA N x 0 EA O EA ~ N N~ ~ x ~ Q M ~ op x I~ ~ op J EA N ~ c6 ~ ~ ~ m r ~ ~ (A ~ ~ ~_ EA EA EA ~ T - N N ~ ~ ~ O Q O O O d' O O ~~ ~~ O O V ~~ O O Q~ t U~ ~~ T d N N n O OO ~ N N O~ ~ V ~ x O~ c O N E O ~ O x O ~ O x ~ ~ ~ ~ c U o X o ~ M N O O x CO N O~ EA N ~~ ~ ~ x m a7 N C7 ~ O a7 ~~ ~ x ~ O N ~ U EA EA EA EA M ~ ~ (A ~ = EA EA fC fC N V ~ ~ ~ _ ~~ VJ d ~ ~ ~ s N ~ N ~ ~ N ~ N ~ ~ N ~ N ~ ~ ~ U °~ °o N °o °o °o rn ~ °o N~~ O ~ O O O N CO O N E W fA I~ ER fA fA In 00 fA N ~. = Q •` ~ ~ Ef? ~ EA d LL d U O J C ~ ~ ~ ~ ~ ~ ~ ~ ...~ p~ (6 ~ ~ ~ -_ ~ N ~ ~ •- 0 07 ~ VJ 0~ O O~ ~ O ~ ~ O CO O~ ~ O~ O O ~ V ~ ~ O N C`7 Q ~ ~ • ~ X O X ~ ~ X 00 00 ~ X ~ ~ ~ N X ~ ~ ~ ~ ~ ~ d N N ~ N Ef? N ~ ~ N DO ~ CO y N Ef3 EA fA EA M EA Q ~ Efl EA J O O O O O O O ~ Z (7 ~ ~ ~ ~ ~ ~ ~ ~ O ~ Z~ •- O ~ O O ~ CO ~ O o 00 ~ ~ o O U Q~ y ~ W r r N r ~ ~ r z o O ~' o (n O O U ~ ~ J C'1 ~ O Q Q _ ~ ~ W ~ Q Z J N O W W Z Z = Z~ ~ Q w ~` ~? fA ~ Q J m Q J Q~ J Z O W E H Z ~ ~ W O Q (( ~ C7 Q w ~ Q Q w W ~ Q Q ~ ~n Z_ ~_ Q ~ Q ~ ~ ~ ~ N LL LL m LL C7 ~ ~ = J Q ~ ~ a0 a7 O ~ N M ~ W N N N M M M M M H N N O W N (6 a J ~ Q ~ U_ c ~ '~_ U o U T U ~ ~ ~ ~ ~ ~_ ~ ~_ ~~ >_ - o o o °~ m~ o~ ~n- 0 0 0 0 0~ 0 0 0 0 0 ~ ~ O EA I~ N CO O~ EA N O EA O EA ~ 67 O EA O EA EA M EA C O ~ • O O O ~ O~ v O ~ O~ ~ y C - 0 O O~ O I~ ~ 00 O O O O~ ~ ~ O~ O O O O O O O N M N CO N ~ ~ N O N ~ O O d EA CO EA ~ In W O ~ O In Ef? Q (A ~ EA M ~ ~ EA EA EA `C V 7 C H - ~ Q Q ~~ O O O O O O O O O O O O O O O O ~ s y 0 O O O O O O O ~ ` O (7 EA EA EA EA EA EA EA EA w N E ni ~ d a ~ ~- ° ~ ° a ~ ° ° ~ o ° ~ ~ c~ - V ~ o~ -° o~ rn~ n o~ o o~ n ° ° °~ ^ ~ ~j N 00 U ~ N O ~ ~ N~ ~ ~ O O ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ N ~ N ~ r ~ ~ J y y y y y y O ~ ~ (7 ~ ~ ~ ~ ~ ~ ~ ~ O ~ Z~ •- O ~ O O ~ CO ~ O o 00 ~ ~ o O U Q~ y ~ W r r N r ~ ~ r Z ~ O W' ~ p ~ U m ~ ~ ~ p ~ ~ Z H Q J ~ a ~ ~ ¢ Q ~ Z ~ O w U ui ~ Z U ~ Z Q W = ~ ~ W ~ _ Z ~ ~ W ~ c Z O~ U ~ ~ p ~ Q J Q~ J O w Q H ~ W ~ Q ~ cn ~ w z ~ O Q ~ Q ~ ~ Z ~ ~ J ~ Q ~ ~ N LL LL m LL ~ C7 = ~ ~ a0 O O ~ N M ~ W N N N M M M M M H N N O N (6 a ~ ~ J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U C1 C (~ U ~ ~ ~ ~ (~ U ~ N ~ ~ U (n ~ U O _ In ~ ~ N O ~ O a0 ~ ~ ~ O O N O NO ~ O ~ N In O O ~ ~ ~ O V O CO ~ N N d ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ O d J 0 EA I~ X M ~ ~ x ~ N N ~ a7 ~ E a7 X ~ N N ~ N ~ ~ O ~ ~~ ~ ~ 0X0 0~0 a7 ~ X O ~ EA ~ o E~ O o ~ o m ~~ o E~ N ~ ~ ~ 3 ~ J (n 0 J LL J fC V N .O O A O O - ~ ~~ ~ ~~~ ..: O o _ O O N ~~ ~ ca O O N _ O O c6 ~ U~ a7 ~ O X O E ~ N~ o O~ N CO X ~ O~ ~ O~ ~ N O O ~ N N 00 X N N ~ ~ O O o CO 00 N ~ a0 ~ V ~ N N a7 ~ I O V O O () N ~ N M (A I~ ~~ C ~ ~ ~ C ~ ER ~ EA EA EA ~ ~ EA Ef? EA EA 2 fC fC N V ~ ~ ~ ~ ~ N s U ~ ~ ~ ~ ~ ~ .~. ~ O O ~ ~ LL O ~ V U~ O O ~ 00 O O O O O O O~~ ~ O~ O~ ~ CO ~ ~ O O O VJ ~ O N O O O p~ O N Y X ~vj O E N O N W EA ~ EA EA EA CO ~ a7 ~ ~ ~ N Ef? N ~, - Q '` (A M Ef? ~ EA (A d LL C N ~ O =~ J O ~ ~ ~ ~ ~ ~ O ~ ~ ~ °~ ~ ~ ~ O O ~ ~ ~ O O ° ~• - o o~ ~~ o 0 0 ~ v~ o o~ ~ ~~ o 07 ~ VJ Q~ O O ~ X f~ X N N O O O ~,,~ ~ N ` ~ O N f~ O O In ~ M U N ~ X O O L '~a ~N c~~ ~ C 7 ~ ~ ~ X ~N <s~ X ~~ ~N <s~ VJ fC EA EA X ~ Ef? fA EA ~ O (n ~ ~ ~ J O O O O O O O O ~ Z C7 ~ ~ ~ ~ ~ ~ o ~ ~ O E Z~ 00 ~ ~ O ~ ~ ~ O o a7 m O ao O ~n V Q~ V ~ ~ ~ J W N ~ N M ~ ~ ~ ~ W ~ W ~ U H m ~ ~ i ~ ~ ~ _ a ~ v ~ cn ~ w °° _ ~ m w w w z Q w °7 W ° w W a p U Y ~ cfl m ~ + U ~ N C 7 ~ ~ c~ ~ ~ z z Z ~ ~ ~ ~ ~ ~ x W W Q °? Q~ Q W (n (n ~ z N Y J ~ ~ ~ L.L ~ ~ ~ ~ (~ ~ ~ O ~ 00 a7 O ~ N M W M M M M M ~ ~ ~ ~ H a J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U Q °~ ~ ~ ~ N ~ O N N O ~ ~ t1 ~ O ~ ~ O O O O O O ~ >_ M ~ CO CO X ~ X ~ ~ O I~ O O O O O r ~j N ~ N EA M EA (A EA EA EA N X EA ~ ~ EA EA C O '- ~ o ~ O ~ ~ ~ ~ _ NO ~ ~ N O ~ N O O y C In ~ c~a N O O~ O O N~ O O O O ~ N 67 O ~~ X ~~ CO X N ~ X n ~ ~ O _ N ~ N N d ~ N ~ ~ (A a 0 (A (A N ~ ~ EA EA EA EA EA EA `C V ~ H N ~ Q nj O ~ ~ Q ~ ~ ~ ~~ O O O O O O O O O O O O O~ ~ ~ Cfl O O O O ~ p~ ~ ~ s y 0 O O O O O O .~ c Q O O ~ ~ V) N ~ Q ~ ~ V ~O. N J U U T .~ ~ ~ ~ ~ ~ ~ +-' O ~ ~ ~ O NO L Q ~ O ~ O O ~ N ~ 0 0~ ~ ~ O I~ O~ O O~ V o o c~ o m O o, ~ ? o m om,- o rn X ~~ j O ~ O 00 N ~ N N ~ O M X a~i °o O 00 N ~ cf? ~ ~? ~ ~ ~ ~ d ~ ~ ao N o ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ J O O O O O O O ~~~~ O ~ O ~ O O O O O O ~ Z fA ~ ~ ~ O ~ 000 ~ Q~ V ~ ~ J W N ~ N M ~ ~ ~ ~ W ~ W Z U J ~ m ~ ~ a i w ~ m ~ ~ _ v u j _ w m W w z ~ ~ °' ~ _ ~ W w N co Q H w W N ° W C 7 a U O Y O m + U ~ ~ ~ c~ ~ ~ z Z Z ~ ~ ~ ~ ~ ~ x W W Q °? Q~ Q W (n (n ~ z N Y J ~ ~ ~ L.L ~ ~ ~ ~ (~ ~ ~ O ~ a0 O O ~ N M W M M M M M ~ ~ ~ ~ H a ~ ~ J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U U tt C v ~ m W ~ U ~`? O - M ~ U ~ - ~p ~ o ~ ~ ~ U O - ~ U O - _ ~~ ~ ~ ~ O ~ O ~ 0 0 N d O ~ ~ ~ 6~ ~ f~ 0 0~ _ O O f /J J O ff? ~ x ~ EA X ~ ~ ~ M X ~ ~ ~ ~ X O O ~ K3 ~ ° ~ ~ ~ In N ~ ~ ~ ~ ~ N E ~ o ~ N ~ ~ 3 N ° ~ N o ~ N ~ ~ J ~ J ~ J d J fC N N ~ ~ ~ O ~ ~ ~ ~ ~ O O ~ ~ ~ ~ H U a - O ~ O~ ~ X O O~ U N S W - O O p~ U O ~ W ~ ~ O N O N H ~ N p~ N c~ O O ~ X x C U O ~ ~ ~ N ~ ~ ~ N ri ~ N ~ ~ N m ~ ~ d ~ EA EA EA EA ~ 2 fC fC N V ~ ~ ~ _ ~~ VJ O o ° s ~ V ~ N ~ ~ N ~ N ~ ~ N ~ N ~ " ° ~ ~ V °~ o 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 ~ O~ VJ d 0 O O ~ O O O O ~ ~p lJJ N ff? fA fA ~ fA fA fA ~ Q •` Ef? d LL d U O J J V N N N N N ~ O 0 0 O 00 ~ ~ O~ ~~ O O ~ O O 07 ~ VJ a~~ O 0 O O a7 X ~ I~ N ~ N ~ X N N ~ X O O O O O ~ ~ •~ a ~ ~ ~ ~ c~ N ~ N <s~ ~ 00 y N ff? Ef? M ~ ~ ~ J ~ ~ ~ ~ ~ O ~Z(7 ~ ~ ~ ~ ~ ~ ~ ~ O E Z~ O o ~ ~ O o ~ ~ O o O o O N ~ rn V a~ V J W M N N CO ~ ~ O ~ ~ ~ Z U w Q ~ c~ ~ w ~ U ~ w ~ > > ~ w O Z Z W W W W ~~ W W Q ~ ~ ~ Z O O ~ w w U w w w ~ ~ ~n m ~ ao rn o w ~ ~ ~ ~ ~ ~ ~n ~n a J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U Q ~ 0 0 0~ o °~ ~ o °~ ~ 0 0 0 °~ - O O CO ~ O O O O O X O O O ~ N 00 N O O N~ EA EA ~ M ~ (A EA M EA EA EA ~ C O ~ c ~ C1 o N N ~ ~ ~ M C6 (6 ~ ~ O ~ ~ N ~ ~ N ~ ~ N ~ N y C - O p ~~ O~ ~ o ~~ ~ N X- O ~ ~ ~~ ~ N O~ O N O O O O I~ O O ~ d ~ Q d EA w N N r ~ I~ M ~ ~ O (A O EA O O Q O Q ~? EA EA EA ~ ~ Z EA `C V 7 C H - ~ Q ~ Q ~~ O O O O O O O O O O O O O O O O ~ s y 0 O O O O O O O ~ ` EA EA EA EA EA EA EA EA O ~ V T fC ~ ~ ~ o rn _ ~ ~ N N ~ N _ ~ ~ ~ ~ J ~ ~ ~ - s Q' ~ 0 0 0 ~ o °~ 0 0 0 °' x o~~ V ~ ~o ~ o ~~ n rn~ o o ~~ .~ o~ ~ ~ V ~ ff? O fA ~ ~ I~ N O (A O fA ~ N ~ ~ o ~ ~ Q ~ ~ O N c^ as o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J y y y y y ~~~~ ~ O ~ O O ~ O O O E Z fn 0 ~ O ~ O O N 67 U a~ V J W M N N CO ~ ~ O ~ ~ ~ Z U w Q ~ c~ ~ w ? ? w U Q ~ w ~ U ~ ~ ~ Q = ~ ~ ~ ~ _ _ W W ~~ W W Q ~ ~ ~ Z O O ~ w w U w w w ~ ~ ~n m ~ ao rn o w ~ ~ ~ ~ ~ ~ ~n ~n a J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U m ~ ~ o ` ~ o ` ~ c ~ ~ ~ ~ ~ ~ ~ ~ ~v ~ ~ L ~ a ` ~ ~ a ` V _ O ~ ~ O O O ~ ~ N o O ~ O~ O O ~ ~ ao ~ o ~O O ~ ~ O~~ ~ v o ~ p) ~ I~ ~ O O ~ ~ co X O rn °~ ~ ao ~ a X ~ X o ~ ~ a i ~ `~ ~ ~ ~ a i `~? `~ ~ N ~ ~ J ~ EA ~ O ~ EA pp a~ N ~~ n r ~ N (A EA o0 ~ a ~ X d N CO ~ ~ ~ ~ ~ ~ E~ ~ >~ ~ J ~ J V ~ ~ C ~ ~ ~ ~ _ (~ ~ ~ ~ (n ~ ~i ~ _ (~ ~ ~ ~ N ~ ~ L L ~ ~ _ (~ ~ U L L s Q' U ~ X O~ O~ ~ O~ ~~ O ~ ~ O~ O ~ ~ ~ O N~ ~ N I~ X O N CO O ~ O N O ~ C U ~ ~ I~ CO X M CV CO ~ op CV r O ~ op O ~ CV op O N ~ EA ~ EA ~ ~ EA ~ ~ M EA (A CO O ~ ~ ~ O O ~ ~ _ ~ r ~ r EA EA fC N t1 ~ ~ L VI ~ o ~ s ~ ~ ~, N O ~ ~ N O ~ L ~ (~ ~ L ~ ~ ~? U °~ ~ N ~ N O ~ ~ ~ O d ~ 00 M I~ O ~ O ~ O N~ N W CO 00 M O (A EA M In Ef? 1p ~. = Q '` (A EA ~ Ef? N EA M ~ N EA d LL fA d J O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ ~ O ~ . y E E ~ ~ ~ O O ~ O Q ~ ~~ C O ~ N C O ~ f~ N C~ N N ~ ~ ~ N N ~ N '~ a v co c9 X rnN co ~ X c'~N ~ c~° ~ ~ ~ X aoN ~ O VJ fC K3 EA ~ K3 ~ fA O ~ O ~ ~ Ef? r ~ ~ ~ EA EA ~ ~ J a ~ Q w ~ ~ ~ ~ ~ ~? ~ ~ ~ ~ L ~ ~ L O ~ Z C7 ~ .; O ~ O ~ ~ v ~ O E Z~ O o ~ m O c~ 67 rn O ao O c~ O 67 ~ CO V y a~ ~ W M N r r r r N ~ N Z ~ W ~ c~ O ~ ~ ~ W u) a O ~ ~ + ~ ~ ~ ~ ~ Q ~ Q' ~ p~ J W' W ~ N W E _ W N W~ W' ~ Q ~ O z~ ~~~ ~ U ~ ~~ ~ Q ~~ ~ N ~ z ~ W ~ J U O ~ ~ ~~ o w J o ~ O ~Ooo ' J Y Q >Q ~ pm ~ w ~ c~ Z z ~ ~ z~ ~ N zUQ ~ Z ( ~ - ~}~ > W O ~ W W O O ~ O p O X ~ O O p ~ Omm ~Q ~_ ~ ~ ~c~ ~N ~Uc~ ~ N M ~ ~ CO I~ a0 ~ O W ~ ~ ~ ~ ~ ~ ~ ~ CO H a J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U w Q E m ~ ~_ ~ ~ ~ ~ O~ ~ ~ .-. ~ N O L O ~ O y y U U N~ > O~ _ O~ O O ~~ ~ O~ O O jj ~~ O _ - O D O~ O X 67 00 X O O~ ~ N O ~ ~ I~ ~ ~~ O~ O ~ N O O~ L ~ CV O ~ EA 00 CO EA X ~ ~ I~ ~ ~ EA ER O N~ ~ N EA ~ EA EA ~ ~ EA EA O ~ ~ y •- 7 p~ ~ ~ ~ ~ ca L~ o cn ~ (6 0 ~ N 7 O ~ ~ ~ 7 ~ N ~ ~, ~ ~ ~ ~ ~ O d U ~ d ~ O y C - O p O O CO O~ ~ O ~ O O~ ~ X O~ ~ - O II o O ~ O II ~ O ~ O II O ~ ~ ~ ~ O M N ~ CO N ~~ ~ ~~ ~ ~ O U C O L a ~ ao ., rn ~ c~ ~» v ~ ~ ~ `n ~ Q c~ ~ ~ ~ ~ co o ~ ~ ~ ~ ~ ~ ~ ~ ~ c H - a °r a ~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ s y o 0 0 0 0 0 0 0 0 o ~ U Q v `° E >. .~ ~ ~ ~ ~ (6 ~ ~ C i O fn ~ OL s~ 0 ~ O O c ~ O~ N~ ~ ~ ~ O 0 0~ O~ ~ O (~ U I~ o O ~ O 00 ~ O N a~i O r ~ ~ ~ N ~,,~ ~ ~ ~~ O p o~ M c r ~ o~ N ~ O ~ ~ cf? 67 .~ cf? N ~ ~ n 00 ~ C`7 Q e> n EA ~ n ~ o n 0 ~ 0 ~ n ~ ~ ~ cn cn cn ~ cn cn ~ ~ J a ~ Q w ~ y ~ y ~ ~? y ~ ~ ~ L y ~ L ~ N = ~ ~ .~ O ~ O ~ ~ U ~ O ~ Z fn O ~ ~ O a0 O O 67 CO y a~ ~ W M N r r r r N ~ N Z O W ~ M ~ O O W Q' ~ ~~ ~ J W' W W~ O N ~ W E W N ~ W L~ ~ y Q H U ~ W' ~~ ~ U W' J ~ ~ L ~ ? N ? Z ~ W H U O H ~ ~ ~ W J o ~ O ~Om Y Q ' J >Q ~ pm ~ w ~ (~ Z z= ~ ~ z~ ~ N zUQ ~ Z ( ~ - ~~ao > WU' ~ W W O O Oo O x ~ Opo ~ U' mco ~Q ~_ ~ ~ ~c~ W'N ~Uc~ ~ N M ~ ~ CO I~ a0 O O W ~ ~ ~ ~ ~ ~ ~ ~ CO H a ~ ~ J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U C ~ U w U U ~ ~ ~ ~ ~ U ~ U w ~ U _ _ . ~ O V O O ~~ O- O O O O M~ a7 O M U O O A N N N O O O O N c O O ca 0 0 O O d 0 EA O X O EA M a7 N~ Et? O EA ~ ~ ~ O ~ N ~~ O a7 J ~ ~ X N O ~ CV o c EA ~ ~ Ef? ~ ~ ~ o c a~ N J ~_ m fC V ~ ~ U ~ ~ ~ ~ ~ ~ U ~ ~ ~ ~ ~ ~ (6 ~ ~ ~ ~ ~ ~ U ~ O ~ ~ ~ - N N ~ ~ ~ - ~ ~ - ~ ~ O M ~ - ~ ~ O ~ O O r O C O W N O N O X O~ I~ X O X o0 N O N rn O N c`') ~~ N X O N ~ M N O N I~ CV O X N~ N ~ ~ Ef? ~ CO K3 ~ O (A O EA EA EA (A Ef? 2 fC fC N V ~ ~ ~ O N s U ~ ~ U ~ ~ O ~ O O ~ ~ U ~ °o N ~ °o °o °o ~ ° °o °o O ~ VJ N O ~ CO ~ O O 00 ~ I~ O ~ N lJJ ,N EA In K3 ~ Ef? EA O EA I~ ER N .+ Q '` EA ~ Ef? I~ EA ER d LL d U O J O j v ~ ~ ~ U ~ ~ ~ ~ O- ~ ~ O ~ O N O •°- o o~ ~ y~ o O o O ~n ~ N m N ~ ~ M o~ O o C`7 ~ o~ O o °~ O ~ Q ~~ O O CO X _ I~ 00 ~ _ C`7 O X O~ ~ X '~ d c9 N EA EA CO N ~ p EA ~ N CO ~ EA N Ef? N CO EA ~ fA EA In fA Ef? Q ~ J a ~ Q w ~ ~ ~ ~ ~ ~ m ~ m m ~ N Z (' U ~ ~ U ~ ~ O ~ O O O ~ Z ~ '- N O CO O O CO N ~ O O ~ O ~ N ~ O ~ U Q U V ~ ~ ~ J W ~ M ~ CO N ~ O ~ a ~Q ~ ~ (n ~ ~ ~~ Q (~ O U ~~ ~ I` > J ~ ~ Q Q J N 000 O O J N (~ ' W ~ W O S W 0. W ~ ~ ~~ J Q ~ o Z U~ U Z z~ J Q ~ ~ z LL ~ O O x w W W X z Q O > > ~ Q W' U N (~ (~ (~ N (~ m (~ (~ (~ U` (~ H ~ ~ N M ~ ~ CO I~ a0 a7 O W CO CO CO CO CO CO CO CO CO I~ H a J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U Q ~ ~ ~ ~ ~ ~ v ~ ~ ~ ~ o ~ ~ ~ ~ .~ ~ ~ ` C1 N C > O O - ~ ~ ~ O~ ca ~ O O c ~ O~ - ~~ N O ~ i U O ~ ~ _ - O O M D~ O N O O ~ X~ O c9 X O O x 07 ~ ~ O EA O EA ~ X ca EA ~ U M N U ~ O EA O EA CO N o ~ n M~ (f? N O N o ~ Q ~~ ~ ~ _ - ~ _ ~ fA .~ fA ~ ~ ~ ~ C~ ~ C~ ~ C O ~ ~ O U O ~ ~ ~ ~ U O ~ ~ ~ N ~ ~ ~ N Ct y C - 0~ ~ O O~ 67 p N O~ O O O ~ p M I~ O 00 ~ N~ M O O O O O ~ ~ ~ U ~ ~ ~ U O ~ I~ N M~ O O d ~ ~ ~ (A I~ (A N a0 (A N (A a0 Q ~ ~ (A ~ ~ EA ~ EA ~ EA EA EA `C V 7 C H - ~ Q Q ~~ O O O O O O O O O O O O O O O O O O O O ~ s y 0 O O O O O O O O O ~ ` EA EA EA EA EA EA EA EA EA EA O (7 E ~ ~ w ~ ~ ~ ~ cn ~ ~ ~ ~ ~ ~ ~ ~ m d ~ m L Q O O~ ~ N O ~ Lf) O O O ~ o O- 0 0 ~ ~ 0 0 ~ () ~ O O~ 00 ~ X O O O O~ In N O N N T O ~ N ~ ~ U ~ ~ ~ ~ O N ~ O tf? O cf? O ii ~ tf? a0 O o m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J a ~ Q w ~ ~ ~ ~ ~ ~ m ~ m m p ~ ~ (7 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ Z ~ '- N O CO O O CO N ~ O O ~ O ~ N ~ O ~ U Q U V ~ ~ ~ J W ~ M ~ CO N ~ Z O ~ d ~ ~ U ~ ~ (~ ~ U ~ ~ Q (~ ~ Q' ~ N ~ ~ ~ ~ J ~ ~ ~ Q _ J U ? Z N ~ apo J N J ' W W W J Q Q ~ Q S W 0. ~ ~ U i z z i J Q ~ ~ Z L.L ~ Z N Z > > N Q~ Z m m Q W' J O O x w W w X z Q O > >~ ~ Q W' U N (~ (~ (~ N (~ m (~ (~ (~ U` (~ H ~ ~ N M ~ ~ CO I~ a0 O O W CO CO CO CO CO CO CO CO CO I~ H a ~ ~ J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U c ~ m ~~~ m ~ a~ m ~ W m ~ ~ v a, - v - - ~ - ~ ~ ~ ~ O N O N ~ O N ~ ~ in ~ N V m a co ~ ~ ~ o ~ ~n ~ ~ o ~ N ~ ~ >. ao 0 00 ~ Y ~ ~ ~ Y CO O O ~ I~ ~ ~ O ~ a N ~ ~ - N ~ J o~n v AN Oo ~ ~`n ° ~~ ~ ~ ~ x ~ ~ ~ x o ~ x ~ ~ o ~~ a ~° ~ ~ N ~ N N ~ o~ o o 0 o U ~ o_ J U ~ J ~ J ~ J fC ~ T ~ ~ ~ ~ N ~ N fn U ~ ~ ~ O ~ ~ ~ O ~ T ~ ~ ~ N ~ Ln ~ X c 0 0 0 O N O X C`7 ~ N I~ CV N O N (n ~~ I~ N d EA ~ EA EA ~ N M ~ -6 N CO ~ EA fA fA Q (A fA 2 fC fC N V ~ ~ ~ ~ `o ~ s V ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ V °~ ~ o 0 0 0 0 0 ~ ~ ~n 0 o 0 o 0 ~n ~ ~ ~ °~ 0 0 0 ~ ~ o o ri N E ` ° W EA EA EA M ~ (A EA N N ~. = Q '` ~ ~ ~ Ef? d LL d U O c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O M ~ O O ~ O Lf) L{) In Ln Lf) ~ O N 07 "" VJ a~~ CO ~ O f~ ~ O ~ X N X ~ X ~ O ~ '~ d 0~ Ef? N O Ef? N O K3 ~ O EA O c`') N M ~ N O N ~ N ~ y N Ef3 ff? Ef3 K3 ~ ~ J d~ Q W cn cn cn N N N ~ N ~ ~ Z (~ ~ ~ ~ O O O ~ O O E Z~ O O O O ~ O ~ ~ U y Q ~ ~ ~ ~ ~ ~ ~ N ~ W ~ O r W O ~ Q Z ~ a W ~ ~ ~ N °z o - U o ~ ~ Q ~ ~ ~ ~ W ~ ~ H z O Y ~ W ~ ~ Q J J W ~ Q ~ ~ ~ ~ ~ LL W ~ ~ N M ~ ~ CO I~ a0 H a J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U Q ~ ~ `° ~ ~ m ~ F m v ~ x ~ ~ ~ - - ~ ~ N~ - ~ J ~~ ~ O - ~ O ~- - O~ i ~ ~ ~ O ~ ~ ~ N al O~ ~ = - ~ ~ ~ ~ N O ~ > - .~ ~ ~ O 00 O ~ O ~ I~ O ~ ~ M ~ ~ O~ m 0 N ~ x ~~ ~ N Q N~ N N ~ EA N EA EA ~ ~ ~ N ~ ~ ~ ~ ~ C O ~ ~ ~ ~ ~ ~ H ~ ~ ~ ~ o ~ ~ ~ N C - O O ~ O ~ ~ O ~ ~~~ ~ O~ O O ~ O O 00 ~ N N H ~ N ~ d Q ~ ~ 00 N d Ef? EA ~ N EA M EA ~ ~ N EA ~ ~ EA `C V 7 C H - ~ Q Q ~~ O O O O O O O O O O O O O O O O ~ s y 0 O O O O O O O ~ ` O ~ EA EA EA EA EA EA EA EA v >. ~ N ~ ~ ~ ~ ~= ~ N ~ ~ ~ ~ ~ ~ ~ p L Q X ~ ~ 0 0 O O O N O O~ Z O O~ O~ O~~ O O~ M N~ M N () j ~ O~ O M~ ~ ~ 00 } N N O N ~ ~ ~ ~ ~ o cf? m cf? cf? N ~ ~ ~ ~ ~ o ~ ~ n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J d~ Q W cn cn cn N N N ~ N ~ ~ ~ (~ ~ ~ ~ ~ ~ ~ ~ O O ~ Z ~ O ~ O N ~ ~ ~ ~ Q~ V J W ~ ~ O ~ O r ~ O O N W Z O ~ ~ ~ ~ ~ ~ Q a N O z W W o~ ~ W ~ ~ } U ~ U ¢ ~ W Q ~ Q~ ~ ~ W W p ~ U Z (n O z ~ ~ (n ~ z (n U U W W _ ~ U ~ W LL J ~ ~ ~ W W = W ~ ~ N M ~ ~ CO I~ a0 H a ~ ~ J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U V ~ U U IJi N C ~ ~ ~ ~ U p 0 ~ O O O O O O O 0 0~ - tt ~~ O O O O O O O O~ ~ Q J ~ X p ~ ~ x Ef? EA EA EA EA EA EA ~ ~ ~? ~ N o U fn N J fC V E C N O N p~ O _ N N O O _ ~ N O O _ ~ N O O ~ ~~ _ ~ (6 ~~ _ ~ (6 O O _ ~ N O O ~ O ~~+ U U ~ O N ~ ~ O ~ O ~ a7 ~ ~ ~ O ~ ~ ~ O .Q O I~ ~ ~ N O N a7 N ~ ~ N O N ~ N O ~ ~ U M X ~ ~ N M N In 00 CV In N O Ef? ~ ~ N M N In ~ N O (A p N ~ ~ fA ~ fA fA fA 4A fA r fA 2 fC fC N V ~ ~ ~ _ ~~ VJ d ~ ~ s N ~ N ~ N ~ N ~ ~ N ~ N ~ N ~ N ~ 4? N U~ U_ ~ V ~ O O O O O O O O Q O~~ y 0 O O O O O O O O ~ E fC W .N _ ~ fA fA fA fA fA fA fA fA p fC .+ Q '` ~ Ef? d LL d U O J J V c N~ ~ N ~ ~~ ~ ~~ ~ ~ - N ~ N ~ N ~ N ~ 4? ~ o "" ~ o~ O ~ o~ ~ o~ a~ O O O O ~ ~ 07 VJ Q~ O O '' X O ~ `7 X 67 ~ X ~ O O O O ~ L ~~ d ~ ~ ~ N O Ef? C N N ~ N N ~3 O Ef? O EA O EA O EA p VJ fC ~ K3 EA ~ ~ ~~~ U O O O O ~ O O O O O E Z~ '- O N O O O N O ~ O O O O ~ O O O Q~ U V ~ U J W N ~ ~ O ~,.~ N Q 7 p Z ~ O ~ a z ~ Y Y U Y W w U O ~ ~ U ~ ~ ~ Y ~ O Q ~n ~ Q o Y U o Q M N M Q z M ~ U U = U U U U Q N Q U ~ ~ a7 O ~ N M ~ ~ CO I~ a0 W I~ a0 a0 a0 a0 a0 a0 a0 a0 a0 H N N O O N N (6 a J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U ~ ~ ~ ~j N C > - O O O O O O O O O O O O O O O O O O U ~- _ ~ ~ O O O O O O O O O ~ ~ EA EA EA EA EA EA EA EA EA C O ~ Ct ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ - ~ ~ H ~ ~ N ~ ~ ~ ~ ~ ... U ~ O (n O O ~ UJ C VJ - O O O ~ ~ In ~ ~ ~ ~ ~ ~ O ~ ~ -C ~ ~ ~ O ~ ~ 00 Q O ~ N ~ N~ ~ N ~ N (6 ~ N W ~ N~ ~ N O ~ ~ d Q ~ K3 ~ EA ~ EA ~ EA ~ `C V 7 C H - ~ Q "' N Q U ~~ O O O O O O O O O O O O O O O O O O Q ~ ~ s y 0 O O O O O O O O ~ ~ ` EA EA EA EA EA EA EA EA EA O (7 V T E = > ~ N N d a ~ - ~ ° ~ ca ~ ~ v V~ o ~ 0 0 0 0 0 0 0 0 ~? ° ~- ~ ~j ao 0 0 0 0 0 0 0 O ~ N ~ ~ p ~ CO EA fA fA fA fA fA fA fA ~ U K3 n ~ Q. ~ ~~~ O O O O O ~ O O O O O E Z~ '- O N O O O N O ~ O O O O ~ O O O Q~ U V ~ U J W N ~ ~ O ~ N Q 7 Q Z ~ O ~ - ~ ~ Z Y U W Y Y U ~ ~ O Q ~n ~ Q O O ~ Q M ~ N ~ ~ M Q z M ~ U U N = U U U U Q Q U ~ ~ O O ~ N M ~ ~ CO I~ a0 W I~ a0 a0 a0 a0 a0 a0 a0 a0 a0 H N N (6 a ~ ~ J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U 0 p U O O~ 00 M~ O~ C`7 O O O O O O ~ O ~ ° V Q N O J ~ Ef? N ~ N Ef3 ~ Efl EA EA N `.~ ~ ~ ~ U O N U ~ Q C i (n W m T .~ ~ ~ ~ ~ V Q ~ U - C`7 ~ N ~ 67 ~ CO ~ r ~ O ~ o ~ c U ~ ~ f~ ~ N ~ ~ N CO X ~~ N~ 00 ~ ~ X M N O X O N O N Ef? Ef? EA EA ~ In O ~ ~ EA 2 fC fC ~ V ~ ~ _ ~ p y s ~ LL G U .0. N ~ - ~ - ~ - N ~ N ~ N ~ ~ U ~ ~ ~ .Q ~ 0 o 0 0 0 0 0 0 0 ~ 0 o 0 _ N y N ~ N W ~ ~ O fA O fA O fA O fA 00 ~ O fA O N ~. = ~ Q Q ~ d LL d U O J J y . O O O ~ N ~ O Q t ~ Q N ~ ~ O O O I~ r O X ~ •~ a p c~ ~ ~ ~ ~ N N VJ fC ~ ~ ~ ~ J O O O O E z~ ~ 0 0 0 0 0 0 U y Q~ U O O O CO O ~ N r N O r W ~- CV 7 H ~ ~ ~ O O O Z O ~ w m Z ¢ O Z O W L ~ ~ ~~ ~ ~ H > ~ o w~ a ? ~Y ~Q °°~ a~ m o v ~ U ~ = Q U Q 00 W J ~ ~ ~ co ~~ c~ W W ~ U ~ LLJ ~ W ~ Q N ~ N O O O W p ~ Z O W Z Q O ~ ~ W ~ Q ~~ c ~ ~ W~ ~- ~- ~ ~ W J W W ~ Z_ w W m L ~ O E E .~ w ~O ~~ OQ ~ W Q °' 0.~~~ w ~~ ~~ ~~ ~ _= Z~ U U Q ~ O O ~ N M ~ ~ W 00 67 67 67 67 67 67 H N N O N N N (6 a J ~ Q ~ U_ c ~ '~_ 2 ~ U o U T U ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ - 'Q ~ ~ I~ O ~ O O O O O ~ ~ ~ O O O ° ~~ ~ ~ ~ ~~ EA N O N ~ ~ O EA O EA ~ ~ ~ N O (A O O EA EA C O ._ ~ '~ C1 ~ N U ~ ~ - ~ ~ ~ - ~ ~ - O ~ ~ c6 ~ ~ ~ ~ - c6 ~ ~ ~ ~ o c6 ~ ~ ~ ~ o - 67 O M N N ~ N ~ O N Y N~ ~ N~ O a ~ ~ ~ ~ ~ ~ c ~ - a ~ d ~ ~~ U Q O O O O O O o N y ~ O O O O O O O t y ~ O O O O O O O ~ ` O ~ EA EA EA EA EA EA v >, . N ~ ~ ~ ~ ' ~ ~ Q U ~ ~ ~ ~ . s ao 0 0 ~ x 0 0 0 U o N U ~- ~ ~ N ~ ~3 O r N O ~ X ~3 O O ~3 ~~ O N O O ~3 O O ~ ~ ~ ~ d J O O O ~~ Z~ ~ O O O O y Q~ U O CO ~ N r N r W ~- CV 7 Q H ~ ~ ~ O O O Z O O ~ w Q Z m Z W L ~~ ~ O~ O~ o ~ o.~ N ~ Q ~ N N +'' U ~ ~ U = QU ~ Qm ~ W _ ~ ~ W ~ N v i ~ c N O W W Z U Z W ~ ~ Q Q~ O O W o ~ Ow Q O ~ W ~ ~'- ~ c ~ ~ w ~~-~- ~ ~ w W J ~O W W ~~ ~ Z_ O~ w W W m Q °' ~ ~ E E .~ ~~~ 0 w ~~ ~~ ~ ~ ~ _= . Z~ U U Q ~ O O ~ N M ~ ~ W 00 67 67 67 67 67 67 H m w0 (n } O ~ Q ~ ~* N_ c J ~ J_ .~ W m H fn ~ d W ~ O O w o O ~ U T U U ~ ° ° ° ° ° ° ° ° ° 0 o o o o o o o o o c ~ . ~ d c d a ~ o ~ ~ o c°7o ~ 0 O 0 O 0 O ~ ~ o ~ o0 0 J O ~ ~ ~ O o O - ~ ~ O Q 7 ~ ~ O O ~ ~ ~ O ~ ~ ~ ~ ~ O ~ O M ~ O Q ~ ~ p ~ ~ K} O t~? ~ O ~ ~ O EA 0~0 ~ ~ ~ (A ' EA fA ~ E!T V Q O VJ - O d O J ~n c~ O O O O O O O O O >+ ~ V ~ O E!T O EA O EA O EA O EA O EA O EA O EA O EA d ~ Q d d E = s o U U o ~ c ~ ~ c o~ c ~ ~ ~ o o ~ c ~ 0 c 0 o ~ c ~ ~ ~ ~ ~ ~ ~ O o ~°~ °~ c = o o ~ O ~ O ~ ° o ~ cq o c O O ~~ ~ O EA O M V ~ N I~ O N (~ ~ c O~ ~ O ~ O ~ O ~ O ~ -~ O i O K} W O ~ ~ O N M O ~ N N N ~ ~ M K} EA ~ c0 ~ O N Ef3 64 ~ EA O ~ O K} ~ > ~ ~ ~ lL V ~ N C y U ~ ~ ~ ~ ~ ~ ~ ~ ~ m o ~ ~ N a fC W ,M ~~ _ c _ ~ Q ` ~ ~ d LL O O O O O O O O O O O O O 67 c6 ~ ~ 67 c c6 ~ O 07 c cB O ~ O O O O O O ~ M ~ O ~ ~ d EA EA EA EA EA EA ~ I~ O ~ ~ O ~ O ~ ` '~ fC 7 EA ~ O O O Efl O O ~ ~ O EA ER Q o a` `~ Q a a c ~ a ~ ~ ~ ~ ~ O ~ ~ ~ y O O O N N O O O O () y ~ W Q ~ O ~ O O O O O M N O N O O I~ N N M M ~ Q ~ W N ~ ~ ~ j Z W w N O Q J a ~ LL W } LL ~ J ~ = w o f O } ~ ~~ w w ~ w c i~ ~ W Z w ~ H J 2 O ~ Z ~ C7 + ~ ~ w H ~ Z d Z ~ W U w o w ~ Z m in ~ W Q ~ ~ ~ O ~ Z m ~ W ~ W p ~ W O W Q ~ ~ J ~ a U Z J J ~ Q ~_ ~ LL W ~ m Z ~ ~ ~ W H ~ ~ 2 m p W H W O O H ~ J O Q } J a~ o Z~~ W~ O~ O O~ ~ J Y O W O~ W O W c'~ ~ W p~ W o~ o cn d m ~ o cn w ~~~ 2 cq C7 w ~ d w W ~ N M V ~ O H a~ a mach } o ~ a ~ ~* N_ c J ~ J_ .~ W m H fn ~ d W ~ O O w o O ~ U T U U O O O O O O O O O ~ y °cfr °cfr °cfr °cfr °cfr °cfr °cfr °cfr °cfr ~ > . C1 ~ ~ O O O O O O O O O O a ~~ Q ~ ' c m ~ - y O O O O O O O O O C ~ . + _ .T s ~ (7 Q- ~ ~ o ~ ~ o0 0 ~ ~ o ~ ~ o0 0o c°7o ~ o ~ ~ o ~ ~ o 00 tl O O O ~ 0 0 ~ O O ~ N O ~~ O ~~ O O T ~ K} O ~ O ~ O K} O ~ EA EA ~_ M O O ~_ ~ O O ~_ ~? O O Efl N Oj ~ ~ O K} ~ O ~ O ~ U a E ~ ~ ~ ~ ~ ~ U d a c a ~ a ~ O ~ ~ d tq ~ ~ N ~ ~ iq ~ ~ p ~ ~ ~ o tq ~ tq ~ tq ~ ~ O ~ y O O O N N O O O O U W Q = o ~ o 0 0 0 0 M N O N O O I~ N N M M ~ Q ~ W N Q' Z Z ~ J ~ ~ W ~ W O Q N a ~ ~ w ~ w ~ J w o f ~ ~~ w w w w U Q ~ H w 0 Z O ~ ~ w O ~ ~ ~ H o z J 2 = w ~ w o a z ~ w m Q ~ ~~ w Q ~ z ~ O ~ ~ z m O w t w o O w ~ w ~ O Q J H d U Z J ~ J Q Q W Z ~ ~ ~ m W W IL O~ O~ ~ a J O W O~ W Z ~ O~ W o~ W p~ W o~ o cn d Y m ~ o cn w ~~~ 2 cq C7 w ~ d w W ~ N M V ~ O H N O N N (6 a m Q (~ } O ~ Q ~ ~* N c J ~ J .~ W m H ~ ~ d W ~ O O w o O ~ U T U U ~ O O O O O O O O O C ~ ~ d c d a ~ ° ~ ~ o ~ ~ o ~ ~ ° a, ``~' ~ ° ~ ~ o ~ ~ o o M 0 M 0 ~ o ~ ~ 0 ~ 0 ~ N O N ~ ~ ~ M O ~ N O O ~ ~ O ~ ~ O K} ~ ~ X ~ O K} ~ O t~? ~ ~ EA N tD EA ER O N V VJ vi to d J O O O O O O O O >+ ~ V ~ O E!T O EA O EA O EA O EA O EA O EA O EA d ~ Q- N N E U U o~ ~ c ~ ~ o~ ~ c ~ ~ o~ ~ c ~ ~ ~ ~ c ~ ~ ~ c ~ ~ p o V ~ N fC O ~~ O ~ O O ~~ O O O E M O ~~ ~ ~_ ~ O • N ~_ ~ O N J N O N Q_ N O N ~ ~ ~_ M O N ~ ~ ~ VJ d O ER ~ i O Ef} O i O Ef} ~ i O Efl W i O Efl O i lL ~ V Lf~ ~ ~ LfJ ~ ~ LfJ ~ ~ L17 ~ ~ L17 ~ ~ V ~ ~ ~ V ~ ~ ~ ~ ~~ ~ . ~ . J ~ •~ ~~ O N a N a . a ~ a ~ a E N W ,N c c c c c Q Q ` ~ ~ ~ ~ ~ d LL ~ 0 ~ ~ O ~ ~ o ~ ~ o ~ O ~ o ~ ~ ~ d 0 ~ ~ V 0 ~ W Q ~~ Q al Q O ~ ~ Q M N 7 0 ~ O O Q O N ~ fC O Cn ~ ~ O ~ ~ ~ ~ K} y ~ O W ~ 7 c0 Q ~ O ` EA EA ER ER o a Q ~ a ~; ~ O ~ ~ ~ y O O O O O O O O () y ~ N N W Q~ O N O O ~ O O O 00 M N M O N ~ O N J Z W ~ ~ J O ~ w ~ Q a z J _ ~ z cn _ ~ U ~ O X _ H J ~ ~ O w ~ W Q J d W Z ~ W U W Z Z ~ Z o ~ X W Q O Q ~~ Z ~ o d~ U H H w Q Z~ O~ ~ U N d ~ W ~ Z~ O W N ~ N Z eo W ~ J ~ ~ ~ (n ~ ~ ~ xs ~ ~ Q Q O Z ~ J ~ ~ J ~ Y _ ~= J ~ ~ _ ~ H J (n ~ W Z ~ W J Q ~ J Z O W U ~ O J ~ N ~~ O W N J ~ w C7 w a w w a ° d 0 ~ U~ xs ~ m ~ cn w ~ H~ ~ W ~ O O O N M ~ H N O M N N a mach } o ~ a ~ ~* N_ c J ~ J_ .~ W m H fn ~ d W ~ O O w o O ~ U T U U O O O O O O O O ~ °cfr y °cfr °cfr °cfr °cfr °cfr °cfr °cfr ~ C1 > ~ . ~ O O O O O O O O O a ~~ Q ~ c ' m ~ - y O O O O O O O O C ~ . + _ .T s ~ Q- ~ ~ ~ o ~ ~ 0 0 0 0 0 0 0 0 ~ ~ o o o o ~~ o ~ t1 ~~ T O EA O EA O EA O EA O N O K} O EA M O ~ O s ~ ~ Efl ° a U Q' E ~ ~ ~ U d a ~ O ~ ~ d ~' ~ O ~ y O O O O O O O O U W Q= ° N o N o N v o 0 0 v 00 M N O ~ M N N J Z W ~ ~ J O ~ w ~ Q a z J _ ~ z cn _ ~ U ~ O X _ H J ~ ~ O w ~ W Q J d W Z ~ U W ~ Z Q ~ m X w U p~ ~~ z ~ O o ~ ~ Q w w ~ z o~ w _ ~ z w ° w Z W ~ J_ cn N ~ ~ Q ~ Q O Z JC~ ~ = J_ ~ ~ M ~ J_ ~ eo ~ ~ ~ ~ ~ ~ ~ J ~ ~ ~ Y ~ ~ ~ O~ N Q w V Q O Q~ O= U~ O~ N O W M Q W w C7 Op J LL w d ~ d 0 ~ U~ xs ~ m ~ cn w ~ H w ~ W ~ O O O N M ~ H N O V N (6 a m w0 (~ } O ~ Q ~ ~* N_ c J ~ J .~ W m H ~_ ~ d W ~ O O w o O ~ U T U U ~ O O O O O O O O O C ~ C N c d a ~ o~ ~ c ~ o o~ ~ ~ c o ~ ~ co c o o~ ~ ~ c o o~ ~ ~ c o O ~ ~ co c 0 o 0 O ~ ~ O ~ ~ O ~ M O ~ ~ O ~ 7 00 ~ ~ N 00 ~ V O EH Q O ER Q O EA M O EH 0 7 ~ ~ O C 01 01 O ~ ~ L17 ER ER EA ER ER EA O V y d J O O O O O O O 0 > O 0 + ~ V ~ O E!T O EA O EA ~ O EA O EA O EA ~ d ~ Q d d E = s o U U ~ o o O ~ c co h o ~ c O ~ c co h o ~ c O o~ ~ ~~ c o ~ c o o ~ ~ o ~ O o o ~ ~ 0 o o ~ ~ N -~ 0 o ~ ~ ~ ~ ' ~ ~ N N ~ V 0 N ~ 0 N ~ ~ VJ d s o o va ~ ~ ° ~ ~ ° ~ a ~ G U ~ ~ ~ `~ ~ c !~ ° a~ ~ c fC W N a ~ Q Q ` ~ ~ d LL ~ O 0 ~ 0 0 ~ ~ O ~ O ~ O ~ ~ O 7 N ~ 0 ~ N O 0 ~ ~ ~~ O ~ O N O ~ ~~ O ~ ~ ' ~ ~ O _ E!T 0 O Efl ~ fC 7 y ~ O ~ ~ N rn 0 0 ~ ~ ~ ~ ~ ~ ~ O ~ ~ N ~ ~ ` HT o a Q a °' O ~ ~ d ~ ~ ~ ~ ~ ~ ~ ~ ~i ~ ~i ~ ~ ~ ~i ~ O ~ ~ ~ y O O O O O O O O () y ~ W Q~ O O N ~ O ~ ~ ~ O O N W 00 O O ~ O ~ ~ ~ N W (n ~ 00 ~ ~ ~ a w ~ w ~ w w ~ ~ W ~ O ~ H o Q ~ z ~ Q ~ z x ~ w ~ z z O~ J~ W O W O~ ~ ~ N M W J M (n Z a N M ~tS J C7 W ~ p~ v Z ~~ v 0 ~ U ~ N L17 W J o O c~ O N W M w N ~ ~~ ~ O~ in W ~ U X ~ ~ M d ~ M ~ M ~ ~ v ~ ~ v d ~ O `n d ~ `n ~ ~ ~ O ~ W O O N ~J,J ~ N N N H N O u~ a~ m a mach } o ~ a ~ ~* N_ c J ~ J_ .~ w m ~ N ~ d W ~ O O w o O ~ U T U U O O O O O O O O ~ °cfr y °cfr °cfr °cfr °cfr °cfr °cfr °cfr ~ C1 > ~ . ~ O O O O O O O O O a ~~ Q ~ c ' ~ ~ - y O O O O O O O C ~ . + _ . T ~ s Q- ~ ~ ~ o ~ ~ 0 0 0 0 °o ~~ o °o ~ m °o oc~r oc~r oc~r oc~r °~ ~ ~ ~ c`no ° . °~r ~ ~ ~ o T o . ~ U a ~ `~ E ~ ~ U d a °' O ~ ~ d ~ ~ ~ ~ ~ ~ ~ ~ ~i ~ ~i ~ ~ ~ ~i ~ ~ O ~ y O O O O O O O O U w Q~ o o N v_ o v_ v_ in o O N W 00 O O ~ O ~ N ~ ~ W (n Z Q ~ O ~ ~ a w ~ w ~ w U ~ W ~ ~ ~ ~ ~ ~ uJ ~ W ~ H ~ Q Z Q Z ~ Z X ~ W ~ ~ Z O~ J~ w O w O~ ~ ~ N M W J (n M Z a N M ~tS J C7 W ~ p~ v Z ~~ V p ~ U (n N L17 ~J J J o O c~ O N w M w N ~ ~~ , ~ O~ in ~ ~ U X ~ ~ M d~ M O M~~ v~~ v d ~ O `n d~ `n ~ ~ ~ O ~ W O O N ~J ~ N N N H N O N (6 a m w0 (~ ~ } O ~ Q ~ ~* N c J ~ J .~ W m H ~ ~ d W ~ O O w o O ~ U T U U ~ ° ° ° ° ° ° 0 o o o o o o c ~ • c d c d a ~ o ~ ~ o ~ ~ o ~ ~ o ~ ~ ~ o 0 Q M 00 ~ N 00 ~ N 00 Q M 00 ~ ~ ~ 00 t1 ~ V ~ ~ ~ ~ ~ M ~ N C O V V O W EA EA EA EA EA O V y d J O O O O O O >+ ~ V ~ O E!T O EA O EA O EA O EA O EA d ~ Q d d E = s o U U ~ o~ c ~~ o ~ c ~ c ~p ~ p ~ C o~ c ~~ o ~ c ~ c co h o ~ c O ~ co h c ~ o c ~ t1 ~~ O ~ O O ~~ O ~ O O ~ ~ N O ~~ ~ ~~ O N ~ N O N ~ O N ~ N O N ~ ~ M O N ~ '~ VJ d O O ~ O ~ i N O ~ ~ O 00 i O ~ i O fC s U Q-' lIJ I~ ~ > ~ in N ~ N N > ~ ~ N ~ N N LL U S ~ V ~ . ~ > ~ . ~ > ~ > J ~, at O ` ~ ~ N a N a N a N a N a c a s E fC W ,N c C c C C Q Q ` c E c E E d LL ~ ~ ~ c o o~ c ~ o ~ ~ c O o~ ~ c 0 0 o~ c ~ o ~ ~ ~ ~ ~ 0 ~ ~ ` ~ N O ~ N O ~ N O ~ N O ~ ~ ~ O •~ ~ ~ O O ~ O t~? ~ ~ O EA ~ O t~? ~ ~ O ~ N ~ ~ y ~ O ~ u'~ 7 ~ ~ ~ ~ Q ~ G ` ~{} EA E{} ER ER o a Q a °' ~i ~i ~i ~i ~i ~i O ~ ~ ~ y O O O O O O () y ~ W Q ~ ~ O O O O O O I~ O M ~ M N ~ N ~ Z ~ O N H J a ~ w ~ w ~ ~' w ~ w ~ ~ U ~ ~ H ~ o H ~ H ~ H w ~ ~ ~ Z Z ~ Z Z X W O~ O~ ~ O~ O~ ~ N N N N ~ ~ _ ~ _ ~ ~ _ ~ _ ~ N in W J W J L W J cq W J cq Z ~ (n ° in O ~ c~ O ~ ~ ° c~ O ~ c~ O ~ v w N ~ in ~ w cq ~ w ~ cq ~ w cq ~ w cq ~ cq ~ a w m a w m a w m a w ~ O ~~ M ~ L17 O ~ W W N N N N N N H a~ a mach } o ~ a ~ ~* N_ c J ~ J_ .~ W m H ~ ~ d W ~ O O w o O ~ U T U U O O O O O O ~ y °cfr °cfr °cfr °cfr °cfr °cfr ~ C1 > ~ . ~ O O O O O O ~ ~ ~ ~ ~ ~ ~ O a •~ Q ~ c ' ~ ~ - y O O O O O O C ~ ~ ~ ~ ~ ~ ~ ~ ~ . + _ . T ~ s Q- ~ ~ ~ o ~ ~ ~ o ~ ~ o ~ ~ o ~ ~ 0 0 0 ~ o ~ o ~ o ~ 0 0 0 •~ A ~ ~ 00 ~ N ~ ~ N ~ ~ O O ~ ~ ~ ~ O O O K} ~ O EA ~ O EA ~q s a ~ `fr ~' `fr ~' `fr ~' `fr . U ~ ~ U d a °' ~i ~i ~i ~i ~i ~i ~ O ~ y O O O O O O U W Q= ~ 0 0 0 0 0 O O ~ N N ~ I~ M M ~ Z ~ O N H J a ~ w ~ w ~ ~' w ~ w ~ ~ U ~ ~ C ~ ~ ~ W ~ H H ~ H H ~ ~ Z Z Z Z W ~ X O~ O~ ~ O~ O~ ~ ~ ~ w ~ w Q ~ w ~ w Q ~ N ~ N ~ ~ N ~ N_ ~ N ~ in W J W J L W J cq W J cq Z ~ (n 00 ° 00 in O ~ c~ O ~ ~ o c~ O ~ c~ O ~ v W N ~ ~ a~ o a r ~ o a~ o a r ~ 0 o ff 0 M ~ L17 O ~ W ~J N N N N N N H N O W N (6 a m Q (~ } O ~ Q ~ ~* N c J ~ J .~ W m H ~ ~ d W ~ O O w o O ~ U T U U ~ O O O O O O O O O C ~ C N c d a ~ o~ ~ ~ c o o~ ~ ~ ~ o ~ ~ co c O °' ~ co ~ °' °' ~ c ~ co co o °' ~ ~ c o °' ~ co c 0 ~ "_' ~ ~ "_' ~ O O O ~ _ O ~ ~ M O ~ ~ "_' ~ V ~ 7 Q ~ 7 0 ~ O O ~ ~~ O V ~~~ N ~~ O ~ M O ~ O ~ O c0 ~ Efl O O~ O O O~~ O O~ ~ O Efl Q C ~ ~ N N ~ N N ~ O 00 ~ ~ I~ ~ ~ ER ER N ~ ~ ~ EA EA O EA N v in VJ EA d J O O O O O O O O ~ >+ V ~ O E!T O EA O EA O EA O EA O EA O EA O EA d ~ Q d d E = s o U U 0 o c°7o h o c O O c°7o c°7o m o o O ~~ o c ~ ~ o o ~ o 0 0 0 ~~ o o ~~ o fC ~ ~ ~ O EA O EA H M O O N O EA O EA ~ O p O N - O O Efl ~ O ~ O N ~ '~ O VJ d s ~ ~ N N i ~ M i O O ~ ~ ? O ~ ~ N ' ~ LL O U ~ ~ > cq . i» c O a ~ VJ U ~ _ K} _ N ~ ~ a ~ ~ ' ~ ~ E N N w ° C '~ oa ~ ~ d LL p O p ~ ~ ~ O cB ~ O cB ~ ~ O (6 ~ O O - ~ c0 ~ ~ ~ c0 O ~ ~ ~ N ~ W O ` EA EA ~ ~ p Efl ~ ~ O ~ N 00 ~ ~ ~ O O ~ ~ ~n o o ° o o~ o O c~ o VJ ~ O N cN') ~ ~ EF3 ~ ~ O 7 ~ ~ Efl Q ~ G ~ ~ o L a EA ~ Q a °' O ~ ~ d ~i ~ ~i ~ ~i ~ ~i ~ ~ ~ ~i ~ ~i ~ O ~ ~ y O O ~ O O ~ O O O () y ~ W Q~ O O O O O ~ O O O V MV N ~ ~ 00 ~ O ~ O ~ Z z ~ w N ~ W ~ >, O ~ - a J ~ ~ ~ ~ Q cn O o ~ cn ~ W W O d ~ O J L.L a ~ ~ J J d W W ~ J 0 c W' W fl- o W p ~ Z o0 in ~ N~ rn N Q W ~ O~ J E O J ~ ~ J W O ~ ~ W W ~~ O W ~ O (n Z O O~~ O N~ O J Z N f~J J N W a ~ LL ~ ~ N Q J W O LL W W~ O p W ~ O Y O ~ H N ~ LL d N ~~~ N LL M W W Z O N J ~~ ~ J ~ ~ C7 ~ a U > ON > N m N Q W N H~ N H LL N H ~ O O N M ~ ~ O ~J,J N M M M M M M M H N O rn a~ m a mach ~ o ~ a ~ ~* N_ c J ~ J_ .~ W m H ~ ~ d W ~ O O ~ o O ~ U T U U ° ° ° ° ° ° ° ° o o o o o o o o ~ y ocfr ocfr ocfr ocfr ocfr ocfr ocfr ocfr ~ C1 > ~ . ~ O O O O O O O O O a ~~ Q ~ c ' ~ ~ - y O O O O O O O O C ~ . + _ . T ~ s Q- (7 ~ ~ o ~ ~ 0 ~ o o ~~ ° ~ o o ~ 0 0 ~~ o s f° N o oO ° o ° °w U c q `~ ~ ~ ~ a ~ U ~ M m a °' O ~ ~ d ~i ~ ~i ~ ~i ~ ~i ~ ~ ~ ~i ~ ~i ~ O~ ~~ 0 0 0 0 0 ~ 0 0 0 w U o 0 in ° ° ~ ° ° ° w Q 0 0 O o o o_ o o V MV N ~ ~ 00 ~ O ~ O z w ~ ~, O ~ N W o ~ a J H ~ ~ ~ ~ cn O ~ cn ~ ~ ~ O d ~ O d~ a ~ ~ d J d U ~ W ~ ~ ~ W N ~ N ~ ~ Z m in ~ rn Q ~ W C7 ~ J ~ O H _ J_ E O O _ J_ U ~ J W O ~ ~ ~ ~ W W ~ ~ ~~ o ~ W ~ ~ O (n Z O q) ~~ O N~ O J Z N ~ N J W a ~ L.L ~ ~ N Q J W O LL W ~ W~ O W O Y ~ Q H ~ LL d ~~~ N ~ LL M ~ O H O N Q ~? N~~ N~ ~ J~ ~ C7 ~ d U ON > N m N Q~ N H S N H LL N H ~ O O N M ~ ~ O ~J,J N M M M M M M M H m a m wO (~ } O ~ Q ~ ~* N c J ~ J .~ w m H ~ ~ d W ~ U O w o O ~ U T U U c o 0 0 ~~ 0 0 0 O ~j o 0 0 ~ ~, -- 0 0 ~ ~ o o o ~ `'' ° o o ~ • cfr cfr cfr ~ ~ a 0 cfr cfr ~ ~ 0 o C d ~ N a ~ `~ 00 0~ a~ U c~ i ~ p7 ~~ O ~ O O O O O ~ ~ ~ O Efl K} V to N x N (~ ~ N ~(j ~ ~} O ~ C ER LfJ M LfJ EA O V y d J O O O O O O >+ ~ V ~ O E!T O EA O EA O EA O EA O EA d ~ Q d d E = s o U U ~ o o ~~ o c o 0 ~ • °er- ocfr ~ o ~ ~ a ° o ~ ~ ~ ~ cfr cfr ~ LL O (~ M -O ~ w U ~ ~ ~ o '~ ~ _ E E fC W ,M p Q ~ d LL C O O ~p ~p ~~ O O O O ~ ~ al al Q O O O ~ ` ~ ~ N ~ ~ ~ O ~ ~ ~ M O O y~ 0 ~ ~ ` ~} ~ o a Q ~ a ~; ~ ~ O ~ ~ d ~ ~ ~ O ~ ~ ~ y O ~ O O () y ~ O W Q~ O N N O ~ O ~ (n J Z Q Q Z O ~ w ~ w a cn ~ ~ O Z w ~ ? o ~ z w ~ cvn = ~ ~ ~ w ~ o w ~ _ ~ U Q z z ~ ~ Z H w ~ cn N Q ~ ~~ Q d ~ ~ Z J ~ Q ~ J ~ O ~ ~ ~ w ~ O O ~ O w _ ~~ Q O ~ N~ 2 U ~ cn ~ oo d Q in U ~ ~ W O O N W M M M ~ ~ ~ H a~ m a mach } o ~ a ~ ~* N_ c J p J_ .~ w m ~ N ~ d W ~ U O w o O ~ U T U U ° ° ° ° ° ° o o o o o o ~ y ocfr ocfr ocfr ocfr ocfr ocfr ~ C1 > ~ . ~ O O O O O O ~ ~ ~ ~ ~ ~ ~ O a ~~ Q ~ c ' ~ ~ - y O O O O O O C ~ ~ ~ ~ ~ ~ ~ ~ ~ . + _ . T ~ s Q- (7 ~ ~ o ~ o `6 o c°7o ~ 0 0 0 ~ o ~ ~ o ~ ~~ ~ 0 0 ~ 0 ~ ~ A N ~ O d ~ O i O Ef} ~ O c U a E » ~ ~ ~ U d a ~ O ~ ~ d ~' ~' O~ ~~ o o in o 0 y V O O O ~ W Q N N O 00 N O cn J z Q O Z O ~ a ~ ~ ~ ~ O ~ Z W ~ ~ p p U p Z _ w ~ ~ W H W~ p p ~ ~ U Z Z w Q ~ Z p ~ Z w U H Z W Y ~ Q (n N Q H _ ~ W ~ _ d <n ~~ L17 J ~ Q ~ d ~ O~ O~ W U ~ ~ ~ W = O~ Q C7o 0 N W 2 U ~ cn ~ oo d Q in U ~ ~ W O O N UJ M M M ~ ~ ~ H m a MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: Apri18, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 PRELIMINARY AND FINAL PLAT/MIDTOWN DELRAY ITEM BEFORE COMMISSION The item before the City Commission is that of approval of a preliminary plat and certification of a final plat fora 9.85 acre mixed-use development containing 116 fee-simple townhouse lots (32 of which are subject to the City Workforce Housing Ordinance) 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.This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The property involves a 9.85 acre portion of "Blood's Grove Orchard" and a portion of the Old Germantown Road right-of-way that has been abandoned by the City. The property has operated as a commercial area with associated retail for the processing and selling of citrus produce. All of the structures on site are to be demolished. The property is presently zoned SAD (Special Activities District) and has a Future Land Use Map (FLUM) designation of TRN (Transitional). At its meeting of December 11, 2007, the City Commission approved the rezoning request to modify the Blood's Grove SAD (Special Activities District) Ordinance #51-95 via Ordinance #46-07 to accommodate the Midtown Delray mixed-use development. At its meeting of March 18, 2008 the City Commission reviewed the combined preliminary/final plat and recommended it be rescheduled for a subsequent meeting of the Commission on April 1, 2008. The plat was continued with direction that two conditions of approval from the December 11, 2007 action be addressed prior to reconsideration of the plat. These conditions required an adjustment of the unit sizes, specifically to widen the garages for the three bedroom, two car garage units; and expand the master bedroom sizes of the two and three bedroom units. This would subsequently affect the dimensions of the platted lots and are to be noted on the revised plat. 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. The applicant has addressed the second concern by modifying the plat dedication language so that a master association is now assigned access rights and maintenance responsibilities for certain common areas of the plat as mentioned above. At its meeting of April 1, 2008 the City Commission rescheduled the plat to the April 15, 2008 Commission Meeting. Changes to the unit designs and associated elevations were considered and approved by the Site Plan Review and Appearance Board (SPRAB) by a 4 -2 vote at their April 9, 2008 meeting. The plat, showing the reconfiguration of the lots and modified dedication language is now before the City Commission for approval. REVIEW BY OTHERS The plat went before the Planning & Zoning Board meeting of March 17, 2008 and the City Commission on March 18, 2008. The development proposal is not within a geographical area requiring review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA) or the Historic Preservation Board (HPB). RECOMMENDATION Approve the Preliminary Plat and certify the Final Plat for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Attachments: . Location Map. . 8.5" x 11" reduction of the plat & site plan. 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 15, 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 15th day of April, 2008, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 3 - o 0 ~~ ~~~~ m o~ SIN ~_ w U 4 !r U Q N ~ N N WO W W ~z ¢~ ao O U r ~~ o ~~~c ~~w0 K~~F OO W 7 } L p]W QO = U ~ H I W ~U HZ ~¢ W~~© ~Z .g ~ J }tea Z '~ aM vsi` W ~ 3 u ~O© ~M Y (nom ~z ow ~o ~~ o d' Q F oa w° a rn r om ~ Z~ to ~ m J m U Z ~ O O ~ Cn m Q °a a a M ~ h ~ o y i b ~ O ~ ~ U v h y o VU~ V N >. i'";C h n y+ yl Q ~ o, z w N ~ S N 4' ti x'7 0 N w w _ -- -_ - V.l W (ib -Jd `S~~CS -z-~.~~ ~ _. C3?C ~1KV'J~~M W ``\~ _ (n __ ________ z J ~ a 0 ~ `- ~~ _ OHOb 553~~V ~121Vd _ _ ~_ _ ~ ~__ ~ ~ .Atc;~- ~~-~~--- is . _ Nfi i-J~ z 3.eZ,Ba,O;,y ~ t,Ot.t05 l'l6t ~_ _ - - - - - - - - .£F-Bl - z W No Z ,OF tSI i1.Y .12 >'0 94 SS321`J3 553i1ON'- ~ OS 3.3Z FO! 3 _ is 9S 6 ~ 13016 W X01'3015"W 0 I I "f/ NOt 60 35 W o .FF'g1 .eb.OtV N.Ob1C~NryOJ S [ my ~ 3 u 10'].00 W N023.50 '.633 3.6~ I m £C0{ ~ z ,rhi/ n / n OS'FZ n o u 23 50 73.s0 2 . n __ - _ __ _ ~ 4 0 LL Io ' ~ NI a .33 sA Ay9s as m _ go ¢IN III PAC W 'gy`m ~k~o i,n1311 Vry~ L III.. _ LJ~ -- I~ _ _ zOt "3015oW ?6 ~ ~' -ssJ~bsJ '~ <J - ~ lm~v. ~I __ o{N - 1 ~ y S `6 ~~fSJ '~~' a T m m m+ ~ ZSJ ISJ ~ 049/G5~ SnJJ 65>_L-23.SON_1633 2J 60~ 33"" 35~ ~362`lpW f, '1.~ -~ - t - ~ 01'24 35" W 23.38' p ' a ~ _ ;~tiZ.105 N C1'30'is N'o-~ 9' - Y 013015' W 65.]2' 1 J - _ - - -,- ~~, 3~oaio 3noao r ~I slaoo~a~` - ~ S~No 6 ~ I SCE OZO C21~ N 01'3015 W ]Q93' 2 Lt3 \ 6 L26 " S~yO'1" /~ 2 °lo oln WI WI i -k, ~ "E/6M ••o sW _~ s2 `ss r i ,. _o i~ ~ ~ / 0^ _ o nl ~~ / F` mh _ h .o°I 9,a. e £ M 0 o N' / ^ .OS FZ S'£Z I ~ I ry IN ml ~w cR,~ Gi r %%y~~S~°^/ ~-o .~52 9a. n ~ F y 0 t£'9! ~ 1 ^ nH O ?~ £'84 ~ y i oan \ L9' d a / w S J°jryh FL ~1i uo£S ~~ i 3„0t, 9yj N .OSEZ a ~ / 8p~~ \\ s~ ~ iM~ 159"!_____________ /'C o 0 ~~ La.@0 s Oz.s9'S3'_E _-____-__-- 6~ / ` i £S .Sp S~ y ~ F 5 ,L 145.46' _-- ~ (< m£2 rgE.y^,'S .St d°' / ' '~<[~- N 03'69's3" W_____________ ~ .moo ~a 9 o I ml ; 33 / s ~( 9~ 6 99 ` p~ W w '/0 /i S9SS ~~a `fS 6 /i 3 GS :'m 2 ,h5506 3/ i c1 0 nl .`~"II C30~~2-20 3 ~~1 ^~a ` ~~ ml /? R~'p3 00 2aa es °=3 ~~Y `s2. ~+ °' ~ .g'y / ` i4. `- o ni ~I' /' -y11 a~ %/ s,3%ifi 5~2c6' ~` ~(~/`` ^69E c3~'` _V.c33 ""' c3x ~F3 g`- GRO~CIRC~„°:~,, ~co ,`~e°9s c ~. %\ ~~s \ ;',g. si. s .s.9 e555 5c.~ P~~ / -~~ - co,.~ ~ 6 ~ ~ ~O~ ~~ "r~W \s ~ ~G~PP~s j 6<_$$I1 Ict~1~icri ei cts _~6 ~ ~'- ~ o ~ ~~ ~~~°~s\ ) zW O `~ ~O6iIC66, Y C191 ~ c66 4y 3 Z vqo 60 3J-~ _ ~~ ~~ -~ ~ see 35o~ 6s~ ~'\ ~ _ W m -~ W NI ~1 nl 2350 519,33.E 2350 / Z_ z o m~ _ " ~m ~I ~I ~~1 235°~S~'If'o~ J 23.5J' ~ 23.sC' z ~ ~ LL~~ " 'l o sor, a'36'E o' v r`^ U azao' -~~ - lH_ ~/ U ~ __ L'9 L31~ / / _' _ i / i N w _ ~ / / V ti - - - - - - - - „ L- _ - - _ _- - _ __ _ mpo _ ~ c __ r ~ _~ 6 -- 3.5 &105 9£'816S8L N \ \ \ m~ _ U v~ rrN II ~ ~ o- ~~. cs ~\\ \\ __ - - - _ _ - Z z N '.1 U I.y) a ~ \ S W J;~ SE 2 x~,b~ ,n g W rnn ~ n~ yM,~b .~`s^ \\ SH IJ ~ o ~ I- .ap ~ o~ o N ~\ ~ m ~ h no 2F am m ~. a~ ~s \ 5~ - ~ ~r3 N6r3`5o is'w y ~e ~~J~~ A~ ~~sa~ ~~d ~yo ~ ~ Com S'~~~°~ al .00' yh- 7O\ L ~ .~ m ~ a o ifs sZF I^\= b \ /~ PwBI ~E 5~ ~~ ~~ 9~°~tlfn ~h ohhyyC~o ~9 ?~ ~i~\ S~ ~ Vn,° 1 0 ~a Nd ydyo d0 SO~ .~`~ ~O ~£~ a \\ (O +~++w n"ml n S m ~h S, ~ ~~9'9 O\'>`\d9<. is £ Sa r - hE n ~ z \ ~ _ - \~~~ - _ ~_ \ \. - N k ~N s ~ I i f ~e, y"~ ~,~,~ ~e"gym ~~z ~ ~ ~ ~ °.¢~ ~, t ~ - ~ h0.M ^~ h 0£' L 3 W QZ X06-- ~ ~F'~N ba ~ y. 9 Gig/ ~S-n 9=<s /~ d ~ v .Oy f~ ~ ^ /6.ryj yo ~z t£ry r~ Q SS.r yN9 oe-+r o-9a9 '2J~ j ~a~N `o `'~0 ~JW ~° ms~ll b`.4~ <2f2 X05 _ o ~ ~/ ti .> .~s( rog'absa P W ~ ^`~~ Sa Z b\ a~ o ~ "'(~ 5~ _ 9hN6 <992 9Z tl N (~mH n II N\, s( ba ~xZ `~~G \/2 \~O ~ o<4rN~`. ra. .05.~ 9SIl~ ' {~ I ~rZ~z I~am \`d gso s ''~"F "~6~~` `~L~~/an, ~ ~ry a ~s`~ ~6~ v~ o y ~ \ 06 I I ~~rn r mS ~O °rn ~002n ~°bs Fn Z' ~Sd 2~ O o'~ 0'tL ,4. p. W O Z ~ a ~ c a ~~b .n ~,. ~' See eh .h~` ~4", j yi > ~ x~ ~ ~ ~ ~'' °i £2 \\ \~'9U m ti} a ~~ Oa w ~ ~"2x e \ ~~~ o ~ ~ °~ c' ~ E N e o0~0` 03\ asraG '.'~ aGO y W wl ? Z ~ i ,c z, °~ G 6 ° - " r, ~l z U> a ¢a Ion '' `/L °= I ¢ /vbe M fi -~\~" n k< J ~aMrMS ~a~a 6N~ N ~~~ am 7 J ~ x'G~P 9 98ep M:nl _ ~ so c O ~~om 1 ~\ h~~n. F. m~~~a h6~y^ i. -~:oo s<. G~-a~:oS-~^ ~ t a z Owz ~°°'` `~~yy`` ~a~~b~ "`°~ - -~ Ts,e~ry%'zsG\r°°y,y ®~U, o~ loan °z h6om y° ~~o zvL \ _ a ro ~ 6~6or, 5odpO ipJa ~ ~~ voz°>_ 3i-FeF - "~ G >~ ~~'zz-4sx~ L~ U1> SN LNG ~2`p as02 m~1k<h6~~0° C / 6 a' L ~ ~o ~C~~ 9 6~ o G P[ 3 h Z~ ~ lo~^M O 69~SG~ 3aa SpF~ ~'9 p/~ ~OJ `n 2.J b°S Um - pN~ 0\b~op Z~~r~~° l't t9 No-N _ o/^/ 1 ` o ZK .,S I~S Zi9 [.° ~G~N r > 3ya£FF ^~ l ° ~I' 2 / N °\\ / / \ b ~C2 N~~ tSO tN yF', ~/ m/wo - ! w/ 1 C~/ 1 G ~ ' ~ .90,hZ.90 S o ` Zq t L=0 4> ZS. t, \ / n~w_a ~ s o c~ Q~ -l ~~O('i~ F nl Z ~/~~~ m si LOS---~691_y ___ X0'00 L_b BZZS[Z=4=9 ~~/ - + e - / ~ z ~ 0 ~ µ (n - ~~~ '---~O OOt a s 00'53'2 _F 7.95' -' BBF--ti u m 3..Z0--J .ZS za3„zp a - .bt991 ~ - .ri . ~.IeN~_ - Q mm~p ,FC 3ZBS,IZ90NFFZ ,BS,OZ.90 .£t. £Z 3.9C,bZ.90N ~~- \\~ o°r Pl I^ £FVEZ ££'9t ££ G94J 5 00'53'22" EJ 5 Ot'2fi a<'"' 126.6T S. Z90N 23.SD' 23.50' "~/ 2~ I~ -- Z.90N9 .£F'FZ 23.50' S 2350' 5.33' 6.35 o% h/ to I .I - .I~ o 345 OZ BON /rye Irv ~ ~° ~ Iy ~ iolm y/I I~ I. In - Iw I el I~ nl L`~ o j J~J-_I ssl ~~ IN ~~ o~IW ly ~^ EMI ao'az a~ ~J_ >E=J ~ to I~ 3.:~.9ezan'~ ~m M a i d- ~~ _y"v Zf IJ lF lJ NI ~I z Im m z a, ~- .e,z t,~c->r4el ao~£ §z Po Ls to ~zl sz lJ ~ sz to ~~n z] pct z2 ~~zt i ci 2a ~ ,ZF-Z f.g=p ,ZZ.O=Z- n e ~ 363.00' L M~'at'26' b y ~ 6l4J ~ - oe'LSe~=y - I ~~I ~I --~L~! 0.50_L=t 63.t 9' N~'41__26" _ o ~ ~ w -~- ~~91lJ S a _ ~ 3~oaio 3noao saoo~e N ~ ti ~ ~ ~ m 1 OI IIJ ..S SS.B J ~. ~ N ~ (/0 e 01 3~Z\ -b~ tlJ ZI I~~•S~'LIYI OOIIJ 4~6J 601 - ~ ~ ~C) ~ ~ ~ ~ '6Gl ~~ 1 J ~ ~ 001.] jLO IJ 9 J I _b Vl~ ~ C10] C 02 C1 1 C OOo N U ~ SS~ ? ~ h r~ I n~111 eL IJ I ~ o~- ~ TII J gIL1 r W F n 'E = rn~ rvl'n ~~ ±- ml u'Oi °o a ''~' Q w .. ssa~ ry£FE W"~ ''T~ _ ~o ~ lo~`Io-~o a%e-~- I V7 M ~ 3.ZF£9! e~ °' Eery __ ~ •zCFCIe m~ - - ~ i i ~ ~ ~ ~~ h ~ ~~ ~, _o m ~o ~ Z ro C V .ecso i~ - ' '`~ ~ ~ o z z m ~ N (2.b,n 3.ZF FE LIN 5Z Il " £Zl I 30Z 55 ZON ££-9l 3; ZCSS ZON •E£9l OS£Z w 5023836E 633 023506 ESOt 18'35 E U N) 662 'JV SL'0 ~jSS ZSS.i:LN 3,OZ SS.ZOly. 3,vZ 55 LON 30ZSS ZON IS 18'35E .50 01 6E .33 ~ .6Z'SZ _ Y NOnWOC6Z F9A~~R1 L Q tl, 13Vtl1 _ L10~ 00 OZZ=ao M.6£,8 L10N ,OB'49Z ~I Za 6Y=1 ~"1'V N'N) O - ~i z w =~ 0 _ !^ ~1~_`J.LS ~iv~ir3al _ ~ } 3Nb'~ 42JVH~~JO JIB --- -~'--_ OJ ~ I ~ I Oi H W W (n ~~ ' ' i ~ ~1~a36, ~ -~ ! v~~6 s~~~~ ~ ~ ~ _ 5 ~ L`I~ ~ ~~ m (~ ~, I 3, 0£.106 w w w Y~ ~ A M1~I'~ti 2 ~' ~ S 2'a0i1 E /E 38 E i i I - ~ 38 I - 235 5 0 1 _!_' ' / ~ Ul y6 ~ ~ m ~1' Z~. zw/ r-~ / I ~ _I ~ nl ~ 1 I .2. ~ °al ~~;J41Fa~ I ^ 5 0163015 o E ~ ] 5 Ot24 'lS `_ ~ ` I °~ S 0''3015 E 46 60 1 ,33 16.33 ~ ~1~ 20.33' 24.33' .33' .l 1''7 vv1 ~~n I -'`~ ~I wi `° / u:Mi.l I r/ avj W / ~I °I ~~' Jf m1 W ~~m~- / ml ,~^ _ /Ot'1 s'39_'we_<,3-._ ~-II_~51Y- ~I~ z ^l j1 _o _o m m (n 0 0 I \ zL( ` -~L'DL9 9 934-- r~_-_i ~ .~) ~ o z ~ o ol° U7 I N / °\ SS\ D Z N12. N \ ryN 0 _015" O ^~ Iw \y \' o~ \ nl 3 _ z = z ZS FO~Z J~~ I ~ }L 2M1.3_ 24. ~ t6_33' z16 J31r 243} _ J rl Z\ ~0 r , z U ~ ~ ~ 30~ £N~ 1-I 5 01 301 138.34 U Q / / ~ O6 FN~~ L~ _ _ Nor3o'u'w (~ _ _ - - - //Ip w l la ~ -~- H a `oo n3.e' I - otl's: / I ~'LNO_}o'1~_w }s.i a'__ F.aoeN Q `rv ~ 1 ~~ ~ ~ -~ --- - ~ I - 3.,og 9 ~j N o,-3DS'v, 53.}4' ~ _ 1 - . --_ 12.59 - T23 __ o. m °V- _Zf' o Iii I 1 m - - Z_1 ---t----- n / `~ ~ I° 'j StlZL9'£E 1 1 N~I~ / N W 500 'd2'E ~--- ,ZO'F94 --- -- __3 _t I,9Z.40 N -------~ ? V3`JV NOWW00 1 1 I 3 „1I.9L.>0 V --'--- --'---L299 3, 1Jtl2L 1 I ~ r Ln~ OSOAPC \ s\ < I - L2-fi I \ y\~F 50.61' N0114'S9'W 55.41 N01'14'59"w 1--- - -L225-I---501' 0'15"3 56.00' /a n f b 1.hm W\ ---. ------_ --_ --- _- a1 _ ----- it-_ _~ m n ~ No ~m `~\ » ]134' -N01'14'59'W---~-_,~---49.68' N01'14_9"W-, NI m_i n _ o `~ I y / N9\~~ __ ~ mN L2 -- N91'14'S9"1V m: m\ 45 ~ a y\ \ 12.00' a 50130'5 S"E 500' 0 121 TO F ~" ~-' _ N 51'30'15' w 1 ~ v ~---,L- ~I~ 1 r _-_-__-- -- F~. ¢° cp / ro/3 ~----_i ~I II I I~ ~ N ~ % h/ I nlv°VII° LL ~~ - z 3./ I ~~I IF ~I so1'3o'1 s'E n ss.00' ~ I ,0~1 ; ~ hl I-r ,~ ° ~ ~ .M/:/ ICI o r ^. zr rv ~ ~~ ~~ / / INI ~/ ~I mN Ulz I` sot'3o't~N° Il~jw ~ / / Il µl~s `I= KI _I~ m`mS QZ I / I ~ I ~ r. to U ~,1_ '' ~ L ~ W 50130'15"E fi5.00' 1233 L23] O~ / / li I I OI Flo ~¢ ` ~~ ~ n I I ^.IoLL ~. y~N o I z of I ml ~ I~ m° / ~ W~ I/ m Ot J9"W ml I N c Q ~= w ~ DO' OO 501'30'15"E 55.00' I ~00 ~F /r 'ml I~ C1I m_d p]= ~ O I - I II `~~~ ~e~L~~~ 501'30'15"E n ss.0o' m W O~ / I N01 y118'39"w ~ ~ 3t ° 6Z I o IT di P529"~-53 d0'--_~ Iw-Z ~~ ~ 5. 0' OL '.230 _~'L 01'2S29_~"/~fr,OD'--_ Q- ~1~ ~~ r I ~~ ~ JV LL„OW- j'S ZL9 FF W ~ O m _ / I N n NOl'30'15"N~4].52' '1~ E I ~~' d321tl NO OJ - .3, -Jtli11 ~Z ~ I Sn ~I. of -_-'. rli--~ I ~= 501 X0'11--- 3~E Sj o~ ~Z~a? '1600/ NBLS ,ol z z NOl'30 J32'~ I Ir~10 dl.. ~I zly _o z JM vzi .ae'~1V al II IP nl ~ .31.J mN ly OF © _ w zl ~ i of °' I SOl'30'12"E 05300' ®~N N~ ?3 zN NI .~ ml WI NIn o O J a 50 F u n ®~~~ J 9j2 Iwl I ~ I S01'30't 3"E 65.00' ~ 6 w ~ zl z Im _w zo m° 10-we r"'~'E IL_____L__rvor3c'u'_w________13-'-~__________~~~I? I I ss.oo e W n ° wn d cwi> > ° I a l l a ~~~ ~ Zm ~ ~z <° `°mo e° !- ~ n~~'~ `- rv o1'3a15=" w 149.2 s ______ _______________________________~ _ n O y 501'30'13"E 55.D0' prn Zo ~ mL z°I I I~ ~m< VO] ~ Jv F_~D CAPE I ~ I~ S mOSfi.00' M Z ~ - E ~ I o'~ 05'30'13"E 53.00' I- O~ M p SOt'30'13'Eo .00' (n (n -_ 1205 lJJ Q o L2t,1 -'~'~LJ.20 ~_ _ ~ 0] ~ J~J I L222 --_~ W Q _ _ _ ___ _ \0. ~=~n ~ _ J 1 ~_,~ .~~ soza ~ U ~~I ~ ^ ~~ ~GO H LI ' \ J 9pr s S£~' ZJ M Q I I ~w$ \ ~, .ES ~6,~L_P J OS~~~ .OS <6F\ y ~ ~~ I ~ OyC~ £wZJ ~ ~b w) ~~ m ZO m m )~ n I m ry00 ti ZO IOZ z ~ I .~~ ''b OOZJ I Wig` ~'._ _ q w' w~~ ~o _~ m _ a Q m/m M C ~ h C b S - o m1 .FFFZ m ~~~~ 03 (}bA U~o 3. Z££ ti OF.OL I.L=0 Z9~p L-uo .F£'9! n O F n yO ^ ~ ... ~ • @ l e - a ~ . tti.5F.5=o G9'ZF 9 Z , FF'9! 1 ~ ,. Z y „ ~ I ~,Ofl"ZSL M 6 .BLIO.ti II UZ 5Z~ F.!! M .G 9'96 3 FEE , 1 ZS.Z!=0 •ZF, FF IlZ o ~ hdn~N)_ J~~ ~dDO~ m - ~ I~ :, Oi b h ~. L ~ ~.,. _ J zw (~0'b'~N) OS'[5( ti ~ :~ I _ ~ C a33aL3 ~d~l~dl - N d ' r ~ - ~, - - - 3NV~ aavH~ao I - wlw _ „Iso O I ~ _ z - C h I U ~ _ I~ - - - W - h J r ~~ r £SC9Z 'd9j _ ~I,~ 8 9£ (6£Zo ~' 3nv ~ [~[M.J 5669~f6, (6fZa ' u TO~ J V ~l ai~n5 'I~o~l iwoiwol 'S S S[t b9~JNVN x.[6o59V AH5NMOS SL VOU~aS W r~rrnnRn~rrrn~r v~nnrn vaRio~a `~.~Nnoo xovaa r~zva _ w --- i ~~ oNwoz~N3aano~ ~a------------------------- ~, `~ ~ a ---- 'Z 1 ~ H ~ peen ~ro9 uo7ur~ ,_ ~= .. ~~ ~~' ~ ~ _ ~ ~ i --,-~~ ~ 1 - ~-~ -_- - - ~ ~ a ,.~- _ _ ~ ~ I' ~ _ rr ~_ -. ~ _ + o I; i e i ~I ~ 1 ~ ~~ A ~ o :~:~':•:•::~. ~ ... ~~ ~ i. ~ I ~ 1 yL I. ~ yam.. 3 8 Sag ~'~ w~ a e~ I ~' 4~ ' ~ ~ ~ III i a . p 5 I' 4 w ~ ~~ f I - _ _ _ ~ ~ ~ ~~ ~ ,'~ ~ ~ Q ? ~ I II / 9 - w _~ __ ~~ - ___ ~ - ~~ o%~_ ' 11..0 1 _ ~, '~~~a ' - i - - ~ I ~. -- a e ~w _ _ ~~ , o ~ ~- f ,.,~,f~~. _ ~ , -y ! _ , - ~ r' yy y z ' ~" ~ 1 t~-' ~ ~ ti-~-~c-=--~~ u ~ ~~ ~ ~ ~ I ~ ~ I ~~~ t ~ - - ~ --- t ~ ~ ~ --- ~ ~ ~ ' ~ r ' ~ ~ i r ~ - F tl_ ' ~~ Iii ~~~ ~ s~ .,_ , h ~ ~~~ ), _ ~ - s ~r f vi Zh°.. _, J W 0 2S5 .. .., ~ Q Q 9~b.' ,.e .. ry i "O~~.r J - m e9 - - LI' O V ~ ~?a m3pe S ec y_ ~ es _z i ~ g. ~ a kar e~ ._ Q ~, ~6~m o ~ r q g \, w --~~~~ ~ Z 528392322 ~~ ~~ ~, a s a " e~ w e £ ° ~ ~ Q ~ z ~ O ~s~ of o3 a $ co 0 ~ z 0 5 $ ~ >~ r N Via: ~~ ~ ~~~ oi~ 5~ ~ wee m€ ~ ~~ / o ~ ~} 2 a;~g g a~4~ O ? V' o ~$~~ o 5~~. d m ? z ~R~ & ~Rm- ~ ~ ^4^5 ~ - E ~~~ ~, .. i N ~ , U ~ ~ rn ~ ~N ' a ww ~ N am I ~ `i ~~ ~~ /~ ~ , ~ ~ // w ~ ~~ i ~ ~ -' _ - a ~ ,~ ~~~ ~ 7~ ~ I hL'o ~ , ITS ~ - -- ~ I ~ ' u' ~/ _ 1' / Y / t, ~ r } ~' w I C ~~- ~ <~ -,~ / U - ,~ [ ~, i ,rr l ~ ~ ~ Z ~. _ F, 07 - -. ~ ~ i-~i ~ `- ~ ~ ~`a' ~ O i~t ~_ ~ ~r i i ~~ a m r `~4 ~L ii ~ ~ ~ ~~ i ' ~ ~- - ~ - ~- r ~ ~ ~ ~ ~_ ~. 1 _. n .~ yf 1 ~ 2 ~~ `. _ ~l~ k µ ~ ~ F / 3 Z ~ ~ - ~r I [9 i 1y~~ ~ yJ 1 ~ ~ k \ w w ~; i~ o ~ ~ a <w _ e w z ~ ,~ ~~,r{[{[ ~ ~ a p J-l~ ~ f` a'= ~ a ~ tau ~\ ~ ~ ~~ ~~~ f ~1 d ~ I n g ~ ~ ~ u8 ' 6' (G I ~F"~ ~ ~ I I ~ ~ u w \ ~ / pL y ~, - ~ 3K ` O vn ~ w~ o z ~b~ z N N / ~~ ~~., o Y ~ g ~ ~' ( I s31 .~--~, ~ ~6 $ 1 E V w ~ ~ E ~ nu4 AUe~~j12~~ ~ ' ~ ~~ ~ ~ ~ .b _ ._ ~ w o~$~ 3~$. AI SwF ~ w ~_ a wwa ~s~ ~I1 3L~ gwi ~.zo ~J N I NOZ 1N3Nb J W ___... a.^s aaswem .un .axo srvn c~ !~-^^ £SLBZ 3c6i Z££8 9£6 (6£z)'.oi J{~~®~'®9C 1~N99 ~l\~~ ®® _-__.. - ~ ~ ^ c ~ ~~~E9 595@ 9£6 6£Z) 'auo4d 9 am m p06££ j va,(yy yoi eataWi,wwnW xJria w'~vd °°E° tuawaoia nta .LSYi ~939NW HJ.'ID59b.LHS~IM01 SL NOISJ35 ~ ° __- ZOl al^5 1 "5 S65L1 ~ r Z~~SV V~2I0'I3 `~.LNROO HJV'3fi Y~i"Nd ° ao-,~- ,.,~,,,.o =~ ~ w~ ~, oa= ~re~ ~ h~~n7~I~IT-1~~ ~ K`~rT~'K17 z ~; ~r-T~rr ~r nn n r rraanr ~, e , ., a ~ F W L6Z1009Z-VV #'Oll Z Z O~i Q J '^'" ', O F " ~ i ~ ~~ ~ J U n "' a O Q ~ ~ ~ ~ J n n ~ ~ ~ W Z n N a ~ ti J rr \\ V c ~~ LL Q Y m ~ W Q K ) W ~ i d W s ~c~ ~ ~ ¢ rc m a oc ~~ a r a ¢ m z ~ ~, C N~ ~ w o ~ r~ w~ ~ ¢ w w IV ~ i Q _ w w ~ j Q O v N i ~£S l-aV ~I~ ~~~ ~~~n~ Z N f! i C Ka a 4 ~ W~ ~ ao~ ~~ ~ { 2~ a J o = ~o> m ° ~n ° »~ m o muuu° o> oa~ ~aau ° m J LL c , ° ~ ~ ~~ ~~_ pia i~I ale $ ~f 1 1 . ° (,.3) i ~ ~'; m. ~ C . a $.k k 3 . ~ y Fe ~ ~ ~, I ~; '. . J d ~ $ ~ e~ ~. o !I O ILL Z II LL ---_--= g - ~ 0 U ~ -s ~ N 8:~§ I ~i _ _. _ a: c: ~~,y i°~y~ 4 !VIII((( _ 'a y 3 ~ '..-_L~~.. fv s. ~' yy ~J. ~.- ~ §wd~ ~. ~YS~ ~ ~~ 3 ~ ~_ ~ -' „ -_ ~_ L ._ y Z J a K O O J LL ~_ 2 F ~~ ~~ R~'€~~ z~ 9£6 (6£Z) o, ~NOa~~r~~ 1mNn xos 4 nv 5959 £6 6£Z 4d tlatxu ii ,uNn0" ®® Y9Z>30NtlN'H1f1059 0 'S ~ .~,o~SF7 s ~ °'~ ~ ~'~ s~` 6 ~2iO'I3 I,LNIlOO HOV'dg Ni'IF~d - - ~, /~ ~ S~I~O'IOI~H~~Z h~db'~Q Adxza~ Nn~ozow~ ; ~ ~ a W 41d 10092-HV #'~IS ~ [~] Z Z O.. hH 4J ~ J V ~ n V = M~ _ JM w ~ ~ ~`~,~ IrQ ro r\ o+w ~ M w a ~/ P Qr U ~O~ °°• m ¢ ~ mC c m ¢' OC r ~ Q N C ` a" i' EL Q ~ o~~a ~ r = Ww w ~ o~w " ~ w w ® " fzSl-LIV #~SI~ ~ ~°'~~ Z ~ a ~xrc a ~ a ~~rcff a ® ~ J u~~w a o rn I m o ~a~ o m ov~i uc~is~ m o F ~N~U 0 6L ~^~ T ~ & . 8 ~ of ® F 3 ~' # ~ ~ Y ® ~ ~® ~'e3 0~ o_. 33 ! a sp9j ® 6a~ ®, - ~„ . § ~ ~.; ®~ -/ ~. ~ 900 ,~~ e g U 'o ~ ® $": 7 L® y 1 K o ~. . oi~ t~~® ®= TL '. 8 yy B §P ' x _~ .i 7 ~ ®_ _ T _._.. .3 _ ®h ~ ~~, ® ~ ®~ .:; 1 N " e , a y g ~ g~. @ ~ ~ a. ~, _© ~ ~ ~ ~ 3 ~ e aE .u a ® ~ ~ a e z O . ~i - D ® LL '~ ', LL O ~ a Z U i ~ ®~ ' K Q ! a, W t 3.. _: .,~ ~ .. e ®i ~ §.4 ~ 1= ~, ~ ~8 rii o'e ® 1 I- 13j ® a 9: '~ ., am .. _ ,_. - ® ~ ~. ~s~ ~;_ g fi ~ ~ ® k $ ,€ " ~ ~ a ~~ ° ® ~. 1.. ® ® ~, 8 a4 6e. ®~ -.380 m~ e s~~sw a ,.~,,..~,,._... cscsz -deg asfi (fica) :xo~ .~{~I®~I~~ glNn ~~~~~ ~ _.. _ ____- ~:~ sees ~ yam, ~ ~ S8S8 9£6 (6FZ) :auoyd pJ HJtl39 Nltld ~ am .room yxaxao»~aa H06C£ ~d s~aRry yoj tlalNOltl AJ.WI wo wo 1$tl3ZT 9Ok HSfl069b aIxSVMOt SZ x0[IJ3S o r _.. ZOl a; n5 'I O.l 1 8 S6SLL ~ .°~ .LO~SFI vazxoza `az~~noo x~vag ~~da ,~ ° a 4 w-,.. ~md~~ow ,~~ ~,~ ~ S~IJO'i0i~-I~~, ~~dH~Q ~~x~racr nrn~osa-rw ~ a r„~ i I zlZ l009Z-VV #~01~ a Z Z ~ ~ s ~ Z U' ~ C' ® .. ! F VS z x ~ w ~~ w o w a w °'~ ~~ C~ ®a rc a s rc ~ a rc Q~ a / ^ o~wa ~ F~ N_z ww N ~ ow uS ~~ i wuS Z ® O N SCSI-21V #~~n m~~ ~ cn Z W N'~axrcQ ~ N~affCCa a~ oa ~t7~iKQ ~~ ~ ~ ~ pUO M~ UUO M o mo o z~o LL a J a 0 0 J LL U W y 3 s~ d ' '' l g~~ ~,~ •- $~ ~ ~ g€~ ~:, fl_ _ - 0 ~~'?' z 3 Q J a z O 0 J J3 O -i ~ S 4a F ~I a~ L`J - ~s; a~ c - - eg ~~;: ~o ~ e.e8 x= ~~ ~, - i~ ~s=maniw ~.w omn w pp.~p~~Ipe'~®mw.. CRC9Z 3d9j ~q~~ v, nm I~f11 S9S8-9L8 ~B veRry uo~ _ dmaOltl A,LN(IOJHJtlOff N^ttld _. - _ o06£W l 9SVa` OS9 Sf:A101 -- _ .LO~SV' ao~ a ~ ~ i o woi s se a ~QRIO'Id ~,L~iROJ H~F~~fi Y~i'IVd ` ~, ~dk- _-- ~ S~IJO'IONH~~, ~~d~2IQ ~~x~aQ ~~mo.i.Qr~ Q ~y/ F ~ IL-' ~y Z Z ® ~ s z ~ @' ~ ,~ w ~ W " ~ ~ Z U' ~ U' Z F-~ r\ cog ~ N w ~ o ~ yaj W w N N ~y/ j i ~/ ~ ~ ~ U C I.Y Q ~°OyW Q6 C Q< pF Q C V ~I ~ o ~ ~ m~ Ww w m i aww i ~ yw u~ o m /~ S'C5l-bti #'Oi~ ~ s m~~ ~ ~ ~ ° a N ~ i~ c~ w w a ° ~ "" W p ~ Z ~ uxs ~~ a ~~owa LL a a a ~o> oa'o 'oo S ¢°~°e~o ~ m° ~a~ ° m ° ~°p° LL ° °H M ~ _~ h R a 3 e~ ~' _' _-_ a s'. ~ ~@~9 5~a3 - © - 7 e~ ~ or .. ~°[ s:, si: , -, _ IL u _ ___. _ 0 8:. l rrrrnrrr _ _ _ _ -_ -_ g I ~:a. __ - a am Q Q LL 3~I6c~~ ~ II _ ~_J ~ I ~ $;; ¢ F9 3;V' .''1 ~ Z i R e ~ - ~!3 b ~_a bl III :II -- _ ~ ~I ` -- ~ ~ ~ ~67 a sy 3 r 1 a. ' \ ~ V °sesa R ~. o y Z J a 0 0 J LL O Z O U ~3c L__ - -- o~ ~! ~~ o o - ~, ~r ~.~ eF -1i ® ~P' (~ , ~ - W 3 I 1 s~ ~ m~ i ~-~ ~ I fi~o ~ 0:~3 fj §_ a J ` s.'7 ~ ~ Rx3~ ~ ~ _ ~~ d of 8i ~ R m I h J ~ ~ b ~ 1 1I ~I .y~J a_ ~~:3 _ ~~''vv _ i.._ __ N Z J a 0 - o J LL ~3 # K F MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT PAPE, AICP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: Apri18, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 CONDITIONAL USE EXTENSION REQUEST/PARC PLACE NORTH AT DELRAY BEACH ITEM BEFORE COMMISSION Consideration of a conditional use extension request for the construction of a new multiple family and mixed use development per LDR Section 2.4.4(F)(1) and (2). The mixed use portion of the development consists of 6,435 square feet of retail floor area, 35,647 square feet of office floor area, and 30 condominium residential units, which are located along Federal Highway. The multiple family portion of the development consists of 15 townhouse dwelling units that are located along the east side of the development. Pursuant to LDR Section 4.4.9(D)(11), stand alone multiple family developments are considered conditional uses in the GC zoning district and are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and height, which are subject to the GC zoning district regulations. BACKGROUND The property consists of Lots 31 through 35 of the Delray Beach Estates subdivision. The subject property is located within the North Federal Highway Redevelopment Area and Overlay District and consists of 3.85 acres and is zoned GC. The property contained nine structures that were constructed between 1951 and 1996 at the time of the conditional use approval, which have subsequently been demolished. At its meeting of April 4, 2006, the City Commission approved the conditional use associated with the proposed development to allow a multiple family residential development in the GC zoning district. At its meeting of June 28, 2006, the Site Plan Review and Appearance Board approved the Class V site plan application for the project. Additional background information and full analysis of the proposal can be found in the attached Planning and Zoning Board staff report, dated March 20, 2006. Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application, pursuant to the following: ^ A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; ^ The letter must set forth the basis and reason for the extension; ^ The extension shall be considered by the same body which granted the original approval; ^ The extension, if granted, shall be for eighteen (18) months unless otherwise stated. LDR Section 2.4.40(2) "Construction Has Commenced" Pursuant to LDR Section 2.4.4(F)(2), when there are substantial improvements on the site, but the 25% establishment standard is not met, the granting agency shall consider the diligence and good faith of the developer to actually commence and complete construction. In this case, an extension to the originally approved project without change or without evaluation, pursuant to subsection (3), shall be granted to enable the developer to complete the project as opposed to allowing a continuing approval in order to more readily sell the land and/or project. Pursuant to LDR Appendix "A," the definition of construction is: "The building of or substantial improvement to any structure or the clearing, filling, or excavation of any land. When appropriate to the context, "CONSTRUCTION" refers to the act of construction or the result of construction. " Given the demolition activity that has occurred, the provisions of Section 2.4.4(F)(2) shall apply to the proposed extension. In considering "diligence and good faith", the granting body shall consider: When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith); The extent to which construction has proceeded; The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. The applicant submitted the following verbatim statement, regarding the delay with the construction of the proposed project, with the extension request. "... We are requesting extensions to the Site Plan Approval and Conditional Use Approval for the above project. The status of the project is as follows: 1. Site Plan Approval - We are processing plans through the City departments to respond to conditions of approval resulting from our site plan review. The majority of the comments are engineering in nature and we are close to resolving all issues. 2. The project required replatting and we have plans submitted to the City and are being processed for replatting approval. Again, the outstanding issues are being addressed and are near resolution of all issues. 3. We have plans submitted for Building Permit and have received comments from the Delray Beach Building Department and are responding to those comments and expect to have plans resubmitted within a few weeks. 4. We have further delays due to the current housing market conditions which have caused a change in our development plans, which we are now addressing internally and for financing of the project... " The development proposal included the demolition of the existing buildings, which occurred in May 2006 and May 2007, well in advance of the expiration date of the site plan approval. Since this constitutes the commencement of the construction of the project, the demolition supports the extension request. Further, asecurity/construction fence has been installed around the perimeter of the property and a temporary sales office was approved and installed at the site. The City has processed multiple extension requests recently for residential and mixed use projects that were approved in the past several years that have not been built primarily due to the down-turn in the market. The City has generally supported extension of approvals for these projects given market forces that are not in the control of the individual developer. Based on the down-turn in the real estate market, it is reasonable to grant the extension of the conditional use approval since this issue is beyond the control of the developer. It is noted that the SPRAB will consider the request for site plan extension if the conditional use extension is granted by the City Commission There have been no changes to the development regulations that affect the project. However, the City has typically required that extensions of conditional use and site plan approvals include a condition that the site be seeded and watered until the grass is established and the perimeter construction fence be removed until construction is imminent. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. Based upon the above, the extension request would be valid through October 4, 2009. RECOMMENDATION Move approval of the request for an extension of the Conditional Use approval for Parc Place North at Delray Beach to allow establishment of afree-standing multiple family development in the GC zoning district, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (2) of the Land Development Regulations, with said approval to be valid until October 4, 2009, subject to the following condition: 1. That the site is seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EIGHTEEN MONTH EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL GRANTED TO PARC PLACE NORTH AT DELRAY BEACH FOR STAND ALONE MULTIPLE FAMILY DEVELOPMENTS IN THE GC (GENERAL COMMERCIAL) ZONING DISTRICT (THE EXTENSION REQUEST) ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named eighteen month conditional use extension request has come before the City Commission on APRIL 15, 2008. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Parc Place North at Delray Beach development. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(2) 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated . Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes No 5. In making a determination under LDR Section 2.4.4(F)(2) the Commission shall consider the following regarding the diligence and good faith of the Developer: When the construction commenced; The extent to which construction has proceeded; The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. Has the Developer shown diligence and good faith to commence and complete construction of the Parc Place North Development Project? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8. 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. 10. Based on the entire record before it, the City Commission approves denies the conditional use extension request to allow the previous conditional use approval to be valid until October 4, 2009 subject to the condition that states: That the site is seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. The City Commission hereby adopts this Order this 15th day of April, 2008, by a vote of in favor and opposed. Brenda Montague, Vice Mayor ATTEST: Chevelle Nubin City Clerk 2 March 20, 2008 Mr. Paul Dorling Director, Planning & Zoning City of Delray Beach 100 NW 15t Avenue Delray Beach, FL 33444 Re: Parc Place North at Delray Beach Dear Mr. Darling: n T'~~€ I I MAR ~ Q 2Q08 ~ ~; I II '~~~, PLANNING & 7~i~.lit:`~:~ We are requesting extensions to the Site Plan Approval and Conditional Use Approval for the above project. The status of the project is as follows: Site Plan Approval - we are processing plans through the City departments to respond to conditions of approval resulting from our site plan review. The majority of the comments are engineering in nature and we are close to resolving all issues. 2. The project required replatting and we have plans submitted to the City and are being processed for reply#ting approval. Again, the outstanding issues are being addressed and are near resolution of a[I issues. 3. We have plans submitted for Building Permit and have received comments from the Delray Beach Building Department and are responding to those comments and expect to have plans resubmitted within a few weeks. 4. We have further delays due to the current housing market conditions which have caused a change in our development plans, which we are now addressing internally and for financing of the project. Enclosed are two checks in the amount of $610 each -one for Site Plan Approval extension and one for Conditional Use extension fees. We are working continuously to meet the City requirements and trust that we will receive positive approval of reques#s for extensions. With kindest regards, Dale Meaux, Architect API Group, Inc. DMlcf Enclosure • 111 EAST PALMET"I'O PARK ROAD • BOCA RATAN, FLORIDA 33432 PHONE: (56i) 392-7120 FAX: (561) 392-7502 • AAC001990 GULFS AM BOULEVARD ~; II a ¢ ~ ~ A~ qU ORCHID LAND Sa~~l~ ~'' Q Q ~ [~ fNDlpp AO! ~ ° NT W ~ ~ J LrJ ¢ J ~ O U _ ~ Li Q ~ TANGERINE WAY EMERgLp Raw v CANARY WALK ~~4 - w 4 Z (~ 'a -1 F SERE AM RroN ~~L vo~xs ~ ~ ~L~B o AVENUE AU SOLEIL GOL eoRroN ~" voL vo Q 0 U _ Q M.S.A. TRACT ~ DELRAY'S _ ~ LOST DRIVE-!N II~II` LPN ^ KOKOMO KEY _^ _J F- ALLEN AVE. ~ ~ 4 N --~ PARC PLACE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- DIGITAL BASE' MAP SYSTEM -- MAP REF: LM905 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 20, 2006 AGENDA ITEM: Iv.A. ITEM: Conditional Use Request for Parc Place North at Delray Beach to Allow a Free Standing Multiple Family Development in the' GC {General Commercial) Zoning District an the East Side of North Federal Highway, approximately 860 feet south of Gulf Stream Boulevard. GENERAL DATA: ApplicantlOwner......... Paul Brent Deve[opmen# Group Agent ......................... API Group f_ocation .......................... East Side of North Federal Highway, approximately 860 feet south of Gulf Stream Boulevard Property Size .................. 3.85 acres Future Land Use Map.._.. GC (Genera] Commercial) Current Zoning ............... GC {General Commercial} Adjacent Zoning....North: GC East: SF (Single Famly -Town of Gulfstream) South: GC West: GC Existing Land Use.......... Vacant -Office, Restaurant, Service Proposed Land Use........ Conditional Use Request for a . Praposed S#and Alone Multiple Family and Mixed-Use Project Known as Parc Place North at Defray Beach Water Service ................. Existing on site Sewer Service ................ Existing on site IV.A. ~~ ~~~ ~.II~r~~EFO ~~~TrIE s ~Q The action before the Board is making a recommendation to the City Commission on the conditional use request for Parc Place North at Delray Beach to allow a free- standing multiple family development in the GC (General Commercial) zoning district [LDR Section 4.4.9{D){11)], pursuant to LDR Section 2.4.5(E}. The property is located on the east side of Federal Highway, approximately 860 feet south of Gulf Stream Boulevard (2507 through 2605 North Federal Highway). ~_ ~, O =:IPRO~~T DESCRIPTION The property consists of Lots 31 through 35 of the Delray Beach Esta#es subdivision. The subject property is located within the North Federal Highway Redevelopment Area and Overlay District and consists of 3.85 acres and is zoned GC. The property contains nine structures that were constructed between 1951 and 1996. The applicant proposes to demolish the existing residential and commercial structures and construct a multiple family and mixed use development. The mixed use portion of the development consists of 6,435 square feet of retail floor area, 35,647 square feet of office floor area, and 30 condominium residential units, which are located along Federal Highway. The multiple family portion of the development consists of 15 townhouse dwelling units to be located behind and east of the development along Federal Highway. Pursuant to LDR Section 4.4.9{D)(11), multiple family developments are considered conditional uses in the GC zoning district and are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and height, which are subject to the GC zoning district regula#ions. The conditional use application includes a waiver request to the following section of the City's Land Development Regulations: 1. A waiver to LDR Section 4.6.9(D}(3}{c}(2), which requires a clear stacking distance of 100 feet in advance of all guardhouses or security gates. The applicant has submitted a conditional use application for the townhouses and is now before the Board for consideration. ~~1- ~ ~~AL US~~I~LALYSIS~= REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings}, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These Planning and Zoning Boarc ~ff Report Parc Place North at Delray Beach -Conditional Use Request Page 2 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 zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map and Zoning District designation of GC (General Commercial). Pursuant to LDR Section 4.4.9(D}I;11 }, free-standing multiple- family housing is allowed as a conditional use in the GC zoning district. Pursuant to the North Federal Highway Redevelopment Plan: `The City encourages addifional residential develapmenf in fhe sfudy area." The North Federal Highway Redevelopment Plan further indicates that: `The potenfia! for mixed-use developmenf cansisfing of commercial uses on the ground floor and residential units above also exists along Federal Highway. The convenience of living and working in fhe same area saves time and reduces dependence on fhe aufomobile." 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 an existing 12" water main located along Federal Highway and extension of a water main along the interior loop road. Sewer service is available via an existing 10" main along Federal Highway and extension of a sewer main along the interior loop road. Adequate fire protection will be provided via an existing fire hydrant along Federal Highway and installation of a new fire hydrant along the interior coop road. 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 and exfiltration trenches. There are no problems anticipated in retaining drainage on site and obtaining anylall necessary permits. Traffic: A traffic statement has been submitted that indicates that the proposed development, including the, commercial portion of the development, will generate 168 peak p.m. trips and 1,409 average daily trips. It does not appear that the traffic study takes credit for the traffic impact of the existing commercial and residential uses. The traffic impact includes the vehicle trips associated with the residential units, which are excluded from traffic Concurrency. Per the Palm Beach County Traffic Performance Standards Ordinance, residential projects and the residential portion of mixed-use project, located east of I-95, are exempt from traffic Concurrency, and Concurrency is relevant only to the non-residential portion of the development. The traffic statement Planning and Zoning Boarc .aff Report Parc Place North at Delray Beach -Conditional Use Request Page 3 has been transmitted to the Traffic Engineering Division of Palm Beach County and a finding of concurrency has been forwarded. It is noted that the traffic statement was based on a commercial floor area and dwelling unit count associated with a previous version of the development proposal, the revised proposal represents a slight reduction in traffic. It is noted that there is no anticipated concern with respect to traffic concurrency. However, a technical condition of approval is attached that the traffic impact statement be revised to reflect the current development proposal. Thus, a positive finding of concurrency can be made subject to the condition that a finding of concurrency be submitted from the Traffic Division. It is noted that the Traffic Division suggested improvements to the turning lanes at the intersection of Federal Highway and SE 23rd Avenue {Gulf Stream Boulevard} and that an exclusive left-turn lane be provided in the southbound Panes of Federal Highway to provide access to the property. A technical condition of approval is attached that the applicant pursues dialogue with the County and the City Engineer and incorporates these improvements as part of this development proposal. 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 that projects may have on City recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit for parks and recreation purposes. A total fee of $22,500 will be required of this development {45 x $500 = $22,500) for parks and recreation purposes. Solid Waste. The proposed 45 multiple family dwelling units will generate 23.4 tons of solid waste per year (45 units x 0.52 tons = 23.4 tons}. The 35,647 square feet of office area will generate 96.25 tons of solid waste per year (35,647 sq. ft. x 5.4 lbs. 1 2,000 = 96.25 tons). The 6,435 square feet of retail floor area will generate 32.82 tons of solid waste per year (6,435 sq.ft. x 10.2 lbs. 1 2,000 = 32.82 tons). The total solid waste generation for the project will be 152.47 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. Schools: The Palm Beach County School District has forwarded a finding of concurrency for the proposed development. Thus, a positive finding of concurrency can be made. CONSISTENCY: Compliance with performance s#anidards set forth in Chapter 3 and required findings in LDR 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. Planning and Zoning Baarc ~ff Report Parc Place North at ©elray Beach -Conditional Use Request Page 4 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use application are noted: Future Land Use Element Ob'ective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property. The proposed mixed-use and townhouse project will provide a transitional use between Federal Highway and the single family residential neighborhood to the east (Town of Gulf Stream}. There is a concern with respect to the massing of the development proposal on the adjacent single family neighborhood. The proximity of three story townhouses and a four story condominium building will generate an adverse impact on these residences. As will be discussed later in this report, staff is recommending that certain townhouses along the east side of the property be reduced to two story units, or that they be relocated, and that the condominiums at the northeast corner of the garage be reduced to three stories rather than four story units. Future Land Use Element Policy C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of--way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identifed as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 1fi, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan, The goals of the redevelopment plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway Corridor by encouraging new residential development. The new residential development will help to stimulate commercial development along Federal Highway by creating demand for goods and services in the area. Analysis of the architecture of the buildings will be discussed in Planning and Zoning Boar :aff Report Parc Place North at Delray Beach -Conditional Use Request Page 5 detail under the Performance Standards section of this report. Thus, the proposal helps to fulfill several of the items listed above. Omen Space and Recreation Element Policv A-3.1 -Tot lots and recreation areas serving children from #oddlers ~~~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. The recreational facilities include a tot lot along the east side of the property, a club house, and a basketball court and swimming pool on the deck above the parking garage. The proposed recreational facilities provide opportunities for children from toddlers to teens. Housing Element Objective B-2 -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 identifed in this Element. Policies, which will implement this objective, include: Policv B-2.2 -The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom -units and activity areas for children ranging from toddlers to teens, This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. This project will not be excluded to occupancy by adults only. However, it is acknowledged that urban in-fill type projects are not generally conducive to families with children. The proposed development has provided a tot lot and basketball court, which will make the development more attractive to families. The floor plans are comprised of one and three bedroom units. Thus, there will be opportunities for small families within this development. Given the urban infill nature of the project, it is appropriate that this project not be required to provide 4 bedroom units. Policv B-2.3 -New housing developments shall include a range of housing types that offer variety in size, color, and style. The analysis of the archi#ecture will be discussed in further detail under the Performance Standards section of this report. However, the architectural renderings indica#e that color and architectural appurtenances are varied between townhouse units and the mixed use building. The development provides six different varieties of floor plans. Housing Objective A-12: To assist residents of the city in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure Planning and Zoning Boar Taff Report Parc Place North at Delray Beach -Conditional Use Request Page 6 that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policy. 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 degrada#ion of any neighborhood, the project shall be modified accordingly yr denied. The .proposed mixed-use and townhouse project will provide a transition between Federal Highway and the less intense residential neighborhood to the east. As noted previously, staff is recommending that the massing of the townhouses and condominiums be reduced along the east portion of the property to mitigate the impact on the single family neighborhood. The issues with respect to safety, habitability and stability of the neighborhood should be improved by introducing additional homeowners into the area. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.6 RM Zone District: Pursuant to LDR Section 4.4.fi (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. The actual densi#y of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan, which call for accommodating a variety of housing types. LDR Section 4.4.6{I} Performance Standards: 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 projec# 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 Planning and Zoning Boarc ~ff Report Parc Place North at Delray Beach -Conditional Use Request Page 7 achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: The density of the proposed development including the 45 townhouses and condominiums is '11.69 dwelling units per acre, which requires a fnding of substantial compliance with all applicable Performance Standards as noted below. (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street 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 at or below 20 m.p.h. The internal street network is a loop road that provides access to the 27 interior dwelling units. This loop road has short segments which will control the vehicular speeds. However, the loop road is 24 feet wide and has cone-way circulation. The width of this one-way loop road will facilitate residents and guest to park within the drive aisle. This one-way loop should be converted to two-way and is attached as a condition of approval. It is noted that this will necessitate the reconfiguration of the security gates. Based on the above, a finding can be made that this development substantially complies with this performance standard. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The three townhouse groups consist of 6-unit structures. Given the configuration of the property and the required 30-foot separation, the two townhouse groups at the southeast corner of the property have a significant .open space between the structures. The townhouse group along the east side of the property has extensive rear yards due to this property configuration. As noted previously, the massing of the townhouses along the east side of the property will have an adverse impact on the residential neighborhood to the east. Further, the four story condominium building at the northeast corner of the garage should be reduced to three stories. Based on the above, a finding can be made that this development substantially complies with this performance standard provided that the massing of the townhouses and condominiums are reduced. (c) Where immediately adjacent to 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 density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25°1° or more; and a hedge, wall or fence is provided as a visual buffer between the properties. Planning and Zoning Boa. ;toff Report Parc Place North at ©elray Beach -Conditional Use Request Page 8 The subject property is bordered on the east by SF {Single Family -Town of Gulf Stream}. The required rear yard setback in the GC zoning distric# is 10-feet. The townhouses along the east side of the property are setback the additional 25% (12.5 feet}, The minimum required tree and palm height is 12-feet. The applicant proposes to install 14-foot high Pigeon Plum and Live Oak trees together with 14- foot to 2Q-foot Washingtonia Palms along the east side of the property. It is noted that finding 14-foot Pigeon Plum trees is unlikely and that this species will likely need to be exchanged and will be addressed during the site plan process. A condition of approval is attached that the trees or palms are planted at a minimum height of 15- feet. Further, the Washingtonia Palms along the east side of the property should be grouped and shade trees installed in the gap between the townhouse groupings to provided visual protection from the larger condominium structure to the west and this is attached as a condition of approval. Finally, the applicant proposes to construct an 8~foofi high concrete wall along the eastern property line. Based on the above, a finding can be made that this development substantially complies with this performance standard provided that the trees and palms along the east side of the property are installed at a minimum height of 15-feet and the shade trees provided. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity 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 architecture of the townhouses is a contemporary architectural style. The fronf fagade of the mixed use building is finished with reveals, horizontal siding, and smooth textured stucco. The roof line has a decorative parapet cap that is broken by an arched parapet with a clock and a stair tower with a standing seam metal roof. It is Hated that the parapet is allowed a maximum height of 6 feet above the 48 feet maximum height and a reduction to this element is required and attached as a technical item. The roof line needs to be varied in height to provide interest to the fagade and raised sufficiently to completely screen the roof-top mechanical equipment such as the air conditioning units. Balconies are provided with an awning. The windows are all one style with the same window molding treatment. The condominium units are also a contemporary architectural style. The structures contain a standing seam metal roof with opposing gable features. The fagade of the condominium units include variations of stucco reveals and horizontal siding. These elevations also have a variety of window styles that includes ornamental fixed windows, clere-story windows and standard windows. An interesting architectural element is the use of pairs of multi-story bays that terminate at the third story and include fish scale siding. The garages are all single doors with the same style. The front doors are also all the same style with the same architectural trea#ment. The front doors have an acrylic awning that is attached substantially higher than the front door. Planning and Zoning Boarc aff Report Parc Place North at Delray Beach -Conditional Use Request Page 9 The townhouses have a contemporary interpre#ation of the Key West style. The roof is standing seam metal with opposing hip and gable feature. Same of the gable roofs have a fish scale siding. The balconies have decorative columns and brackets together with acrylic awnings. The garage doors are varied between single and double doors. The treatment of the windows is varied and includes decorative headers and sills, shutters, and awnings. The front doors and entry feature could be varied to provide a better. distinction between units. The rear of these units contains virtually none of the decorative treatments exhibited on the front of the units. These rear elevations are monotonous and bland. In summary, the architectural treatments for the mixed-use building and the condominiums are out of proportion and contain no rhythm. The architectural expression of the front facade of the townhouses is more in keeping with the architectural consistency that the City has come #o expect. However, this balance of architectural expressions has not been carried through to the rear of the units. Based on the above analysis, a finding of consistency cannot be made that the development is consistent with 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 following table identifies the mix of residential floor plans that are included in the proposed development: Unit Floor Area Quantit 1 bedroom, 2 sto 1,820 s . ft. 12 1 bedroom, 2 sto 1,185 sq. ft. 2 1 bedroom, 2 sto 1,448 sq. ft. 4 3 bedroom, 2 story 2,508 sq. ft. 12 3 bedroom, 3 sta 2,873 sq. ft. 13 3 bedroom, 3 sto 2,995 sq. ft. 2 ~. =~ Total ~ - ~ -_ ~.. ~ ,:: =45_ The table indicates that a variety of one and three bedroom units will be provided. Despite not having a four bedroom unit, families can be accommodated in the three bedroom units. Based on the above, this standard has been substantially met. (f) The development is designed to preserve and enhance existing natural areas andlor water bodies. Where no such areas exist, new areas which provide open space and native habi#a# are created and incorporated into the project. The property does not contain an existing natural area or water body that warrants preservation. The conceptual plan indicates that native habitat areas will be Planning and Zoning Boa. staff Report Parc Place North at Delray Beach -Conditional Use Request Page 10 provided at the northwest and southwest corners of the properly along Federal Highway. These areas are densely planted with various native landscaping including Bald Cypress and Sabal Palms. While these areas are too small to function as nature preserves, they will comply as addi#ional open spaces. Therefore, compliance with this standard is achieved. (g) The project provides a convenient and extensive bicyclelpedestrian network, and access to available transit. The development plan includes the installation of a bus shelter along Federal Highway (easement noted on site plan}. Further, limited sidewalks are provided for residents to access the recreation facilities on the parking deck. Based on the above, a finding can be made that the development substantially complies with this performance standard. In conclusion, the applicable perfom7ance standards are (a), (b), (c), {d}, {e}, {f) and (g). A finding can be made that the proposed development complies with these performance standards provided the conditions of approval are met. As noted, there are concerns with respect to the impact that the three story townhouses and the four story condominiums will have on the adjacent single family neighborhood to the east. Conditions of approval are attached that the condominium units at the northeast corner of the garage are reduced to three stories and the end townhouse unit along the north side of the property be reduced to two stories. Further, the end townhouse unit along the east side of the property needs to be reduced to two stories or relocated to the south. There is a concern with respect to the lack of architectural treatment particularly to the rear elevations of the townhouses and the elevations of the mixed uselcondominium structures. A condition of approval is attached that the townhouses provide more variation in the front doors and entry features and that the rear elevations be revised to provide additional architectural treatment consistent with the front elevations. Further, that the condominium elevations be revised to provide more variation in windows, garage doors, and front doors and that the Site Plan Review Board addresses the general architectural treatment (i.e. material selections} of the condominiumlmixed-use building. If the proposal is revised to address all conditions of approval, a positive finding can be made that the development proposal complies with all six of the applicable performance standard and a density increase to 11.69 dwelling units per acre can be supported. LDR Section 4,3.3(0) (Townhouse Design Standards): As described below, the development proposal complies with the design standards for townhouse developments outlined in LDR Sections 4,3.3(0)(4)(a} through (d): a) No more than two townhouses may be constructed without providing a front setback of no less than 4° offset front to rear. The purpose of this requirement is to prevent a long linear appearance. The proposed development consists of 5-unit townhouse buildings. These building have Planning and Zoning Boara ~ff Report Parc Place North at Delray Beach -Conditional Use Request Page 11 been designed with a recessed door alcove that has a 4-foot offset from the front facade. However, the entire front fia~ade has not been designed with the required 4-foot offset. Therefore, a condition of approval is attached that a 4-foot offset far the entire front facade be provided. b) No townhouse row shall consist of more than 8 units or a length of 200'. The maximum townhouse row consists of five dwelling units, which are 166 feet in length, thus meeting this code requirement. c] Service features, garages, parking areas, and entrances to dwelling units shall, whenever possible, is located on a side of the individual lot having access to the interior street. Walkways should be designed to connect dwelling units with each other and connect each dwelling unit with common open space. The garages are oriented toward the interior street system. d] Not less than 25% of the total area, less water bodies, shall be usable open space, either for recreational or some other suitable purpose, public or private, The basis for this standard is to assure that larger residential developments provide adequate recreational amenities. With smaller developments, provision of these amenities is not considered financially feasible, and the required contribution of $500.00 per unit (park impact fee} is considered adequate. It is noted, however, that 25% of the site will be Iandscapelopen space area, which can be used for passive recreational purposes. 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 make fndings 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 subject property is bordered on the north, south and west by GC {General Commercial) zoning and on the east by SF {Single Family -Town of Gulfstream}. The adjacent land uses consist of commercial to the north, south and west, and single family residential to the east. The proposed townhouses will provide a transition from Federal Highway. As noted previously, the townhouses along the east side of the property needs to be reduced to Planning and Zoning Boa. ;tall Report Parc Place North at Delray Beach -Conditional Use Request Page 12 2-story units and the 4-story condominium building at the northeast corner of the garage need to be reduced to three stories to achieve compatibility with the lower intensity single family neighborhood. Further, the tot lot needs to be relocated to the south side of the property and additional trees need to be installed along the east side of the property to mitigate the massing of the proposed development each of which are attached as a condition of approval. The additional residents should improve the stability and vitality of the adjacent commercial areas as well as the neighborhood by increasing the number of "eyes" in the neighborhood. 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. Townhouses and Townhouse Type of Development: Setbacks: Pursuant to LDR Section 4.3.3(0}(3){c}, setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in-lieu thereof structures (dwelling unit groups} shall not be located closer than twenty-five (25) feet for atwo-story structure, nor thirty-feet {30} for a three story or greater structure. The proposed separation between the three story townhouses at the southeast corner of the property is 37-feet. The separation between the townhouses at the northeast corner of the property is not a concern since they significantly exceed the separation requirement. LDR Section 4.3.4(K) Development 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: -- -- Stand_ and Provided: _- MEnm~m`door Area __ One Bedroom Unit 600 sq.ft. 1,185 sq.ft. Three Bedroom Unit 1,250 sq.ft. 2,508 sq.ft. Maximum Lot Coverage 40% 52.58% 1~I~nr~umOpen'Space 25% 25% The following table indicates that the proposal complies with LDR Section 4.4.6{F)(3}(a) as it pertains to the General Commercial (GC) zone district: ~:: ' :Standard Provided' fl/iin_imumBuldir~g Setbacks Side Interior {north) 0' 10' 1" - _ - Side Interior {south) 0' 10' 7" Planning and Zoning Boar: :aff Report Parc Place Narth at Delray Beach -Conditional Use Request Page 13 Rear 10' 12.5" ~M~aXimum Budding',' Height : 48' 48' North Federal Highway Setbacks: Pursuant to LDR Section 4.4.9{F)(2}(a), parcels shall have a minimum front building setback of 5 feet measured from the ultimate right-of--way line. The maximum setback shall be 15 feet unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. The proposed setback of the mixed use building along Federal Highway ranges from 10 feet to 15 feet. However, the setback to the northern townhouse is 63 feet, and 75 feet for the southern townhouse. The applicant has submitted a request to waive this requirement, which will be considered by the Site Plan Review and Appearance Board during the site plan process. Special Landscape. Area: Pursuant to LDR Section 4.3.4(H)(6}{b)(2}, a 10-foot special landscape area is required along North Federal Highway. The proposed walls along the north and south sides of the property are located with the required special [andscape area. A condition of approval is attached that the walls are located au# of the landscape area. Special District Boundary Treatment: Pursuant to LDR Section 4.6.4{A)(2)(a), where the rear or side of commercially zoned property directly abuts residentially zoned property without any division or separation between them, such as a street, alley, railroad, waterway, park, or other public open space, the commercially zoned property shall provide a 10-foot building setback from the property line located adjacent to the residentially zoned property. In addition, either a solid finished masonry wall 6-feet in height, or a continuous hedge at least 4.5-feet high at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the commercially zoned property which directly abuts the residentially zoned property. The proposed development complies with these requirements since a 12.5-foot setback is provided and an 8-foot wall is provided along the eastern property line. Parking Requirements: Pursuant to LDR Section 4.6.9{C){3)(a), the required parking for the 5,435 square feet of retail floor is 29 parking spaces. Per LDR Section 4.6.9(C)(4}(a), the required parking for the 35,647 square feet of office floor area is 125 spaces. The required parking for the 45 multiple family dwelling units is 99 parking spaces. Pursuant to LDR Section 4.6.9(C}(8){a), the total required shared parking for the proposed development is 241 parking spaces including 91 reserved spaces for the townhouses, condominiums, and the 10 surface guest spaces located behind the security gates. The proposed development exceeds the parking requirements since 242 spaces are provided on-site. Planning and Zoning Boa; Gaff Report Parc Place North at Delray Beach -Conditional Use Request Page 14 Qfherlssues Right-of-Way Dedication: Pursuant to Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of--way for North Federal Highway is 120' and currently only '100' of right- of-way exists. Thus, the west ten feet of the subject property must be dedicated for North Federal Highway right-of-way. The conditional use sketch plan depicts the dedication of the ten feet of right-ofi way; however aright-of"way deed dedicating the ten feet of right-of-way must be provided and accepted by the City Commission via a re-plat of the property. This item has been attached as a condition of approval. Lighting: A photometric plan has been submitted that demonstrates compliance with LDR Section 4.6.8. A technical item is attached that an elevation detail of the garage driveway is provided that identifies how the ceiling mounted light fixtures will be screened from view. Bike Racks: Pursuant to Comprehensive Plan Transportation Element Policy D-2.2 and LDR Section 4.6.9{C){1)(c}, bicycle racks are required far all new development. The development proposal complies with this requirement since bicycle racks are provided at the north and south ends of the mixed-use building along Federal Highway. Sight Visibility: Pursuant to LDR Section 4.6.14(A), a 20-foot visibility triangle is required at the intersection of access ways and public rights-of-way. The required visibility triangles have been graphically noted on the plans. However, they are measured from the travel lanes of Federal Highway. There are no obstructions in the sight visibility triangles when they are measured from the ultimate right-off way line. A technical item is attached that the visibility triangles are provided based on the ultimate right-of-way. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3}(c){2), provisions must be made to provide for 100- feet of clear stacking in advance of all guardhouses or security gates. A stacking distance of 96-feet is proposed for the visitor stacking lane along the south side of the property. Given the tight radius of this stacking lane, a condition of approval is attached that a maneuvering template be provided that demonstrates the ability of vehicle to navigate this area. Further, the applicant has submitted a waiver request to reduce the stacking distance. Planning and Zoning Boar Taff Report Parc Place North at Delray Beach -Conditional Use Request Page 15 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. Waiver Analysis: The applicant has submitted the following narrative in support of the waiver request: "100' clear sfacking required in advance of security gates. We have provided 9fi' and request approval of this 96' considering the fact fhat this entry serves only 27 residential units. " The 4-foot deficiency will not significantly affect the capacity of the stacking lane given the number of dwelling units it serves. The concern with this stacking lane relates to the tight turning radius and the ability of drivers to maneuver this area. If this area is not maneuverable it will become unnecessary paved area and guests will utilize the garage parking solely. Based on the above a positive finding with respect to LDR Section 2.4.7(B}(5) can be made. x ~ _ `=REVIEW BY CTH1=F~ _ ~ - R The proposed development is not in an area that requires review by the Downtown Development Authority {DDA). Community Redevelopment Agency The Community Redevelopment Agency {CRA) considered the development proposal at its meeting of March 9, 2006. The CRA had the following comments: ~ . The project seems too massive. 2. The four story mixed-use building fronting on North Federal Highway needs additional variation in the front setback to break up the mass of the building. 3. The one-way traffic circulation system is problematic. Planning and Zoning Boar. ,taff Report Parc Place North at Delray Beach -Conditional Use Request Page 16 Site Plan Review and AAAearance Board: If the Conditional Use request is approved, a site plan application will be processed far the development proposal, with 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: - Progressive Residents of Delray (PROD} - President's Council - Neighborhood Advisory Council - Au Soleil - La Hacienda - Kokomo Key Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. During the review process of the conditional use request, staff has been in contact with the Town of Gulf Stream and residents of Au Soleil. They have expressed concerns with respect to the buffering of the proposed development from the single family neighborhaod. The Town of Gulf Stream has submitted the attached letter of concern with respect to the proposed development. Any additional letters of support or objection will be presented at the Planning and Zoning Board meeting. = ~ ~ ASSN- sSlil~l~'4~D COiVCLUSI©1 - _ .. ~ .._ As described in this staff report, there are several concerns regarding the incompatibility of the development with respect to the single family neighborhood to the east. The height of the townhouses along the east side should be reduced to 2-stories and the height of the condominiums along the east side of the garage reduced to 3-stories. Further, there is a concern with respect to the lack of architectural treatment on the rear of the townhouses. It is also noted that the elevations of the mixed use building and the condominiums should be revised and this must be addressed during the site plan review process. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) regarding compatibility of the proposed development with the surrounding properties that support the requested increase in density, provided that the height of the structures are reduced and that additional architectural treatments are provided on the rear of the townhouses, and to the mixed use structure. i~L~'E~NA'T1VE AC. It7N5 ~ ~_ A. Postpone with direction. Planning and Zoning Boaro .aff Report Parc Place North at Delray Beach -Conditional Use Request Page 17 B. Move a recommendation of approval to the City Commission for the waiver and conditional use request to allow afree-standing multiple family development in the GC zoning district for Parc Place North at Delray Beach, 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}, 2.4.7(B){5}, 4.4.6(I)[Performance Standards], and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the waiver and conditional use request to allow afree-standing multiple family development in the GC zoning district for Parc Place North at Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(E}(5), 2.4.7(B}(5), 4.4.6(1}[Performance Standards], and Chapter 3 of the Land Development Regulations. ' ;~'EC4i~[~NDED ACTIaN By separate motion: Waiver Move a recommendation of approval to the City Commission of a waiver to LDR Section 4.6.9(D)(3)(c}(2), to reduce the required stacking distance from 100 feet to 96 feet in advance of the security gate, based on a positive finding with respect to LDR Section Conditional Use. Move a recommendation of appraval to the City Commission for the conditional use request to allow afree-standing multiple family development in the GC zoning district for Parc Place North at Delray Beach, 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], and Chapter 3 of the Land Development Regulations, sub]ect to the following conditions: Approvak of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" -Technical Items" attached in the staff report; 2. That the architectural treatments far the mixed-use building and the condominiums are revised to achieve better proportion and rhythm. This should include more variation in windows, garage doors and front doors. together with greater variation in building materials. The rear elevations of the townhouses must be revised to provide an architectural expression that is consistent with the front facade and that Planning and Zoning Boarc. ~ff Report Parc Place North at Delray Beach -Conditional Use Request Page ~ 8 additional variation be provided in the front doors and entry features. These issues will need to be addressed during the site plan review process. 3. That the roof line of the mixed use building is varied to provide interest and to completely screen the roof-top mechanical equipment. Modifications to the clock feature to meet the maximum parapet height of 6 feet will be required. 4. That the condominium units at the northeast corner of the garage are reduced to three stories and the end townhouse unit along the north side of the property be reduced to two stories. Further, fihe end townhouse unit along the east side of the property needs to be reduced to two stories or relocated to the south. 5. That a 4-foot offset for the entire front facade be provided. 6. That fihe tot lot be relocated to the south side of the property and additional trees be installed along the east side of the property. 7. That the one-way loop is converted to two-way and the security gates are reconfigured. 8. That the walls proposed along Federal Highway are located out of the required 10- foot special landscape area. 9. That 10-feet is dedicated to the Federal Highway right-of-way along the west side of the property. 10.That the Washingtonia Palms along the east side of the property are grouped, shade trees installed in the gap between the townhouse groupings, and material size to be increased to 15 feet minimum. 11.That a maneuvering template is provided that demonstrates the adequacy of vehicles to negotiate fhe visitor stacking lane. 12.That parking is prohibited in the internal loop road and that homeowners documents prohibiting this are submitted. 13.That the one-way loop road is reconfigured to a two-way road and that the guest parking spaces are realigned to provide a 90 degree angle. Attachments: • Exhibit "A" • Conceptual Plans • Location Map • Letter of concern Report prepared by: Scott D. Pape, Senior Planner Planning and Zoning Boarc off Report Parc Pkace North at Delray Beach -Conditional Use Request Page 19 ,, _- ~ TAM= _ '_ -~„ ~. HNIC'AL I ...~~. 1. Pursuant to LDR Section ~.3.3(O)(2), a plat will be required. 2. That the applicant remits the contribution of $7,500 for the construction of a bus shelter. 3. That an elevation detail is provided of the garage entrances that demonstrate that the ceiling light fixture will be completely screened by a fascia or structural beam. 4. That the required 5-foot landscape strip is provided between vehicular areas and adjacent properly lines. 5. That a revised traffic impact statement and letter be submitted from the Palm Beach County Traffic Engineering Division with respect to a finding of concurrency. 6. That the applicant provide improvements to the turning lanes at the intersection of Federal Highway and SE 23"~ Avenue (Gulf Stream Boulevard) and that an exclusive left-turn lane be provided in the southbound lanes of Federal Highway to provide access to the property in accordance with direction by the City Engineer and Palm Beach County Traffic Division. 7. That the Site Plan Review and Appearance Board consider a waiver request regarding the setbacks of the townhouses along Federal Highway. 8. That the visibility triangles are provided based on the ultimate right-of--way. 9. That the conflicts between landscaping and utilities are resolved in accordance with direction by the City Horticulturalist and City Engineer. 10. That vision obscuring gates are provided for the dumpster enclosures. 11. That the applicant seeks to underground the overhead lines along the east side of the property in order to eliminate conflicts with the proposed trees. 12. That a plat be recorded prior to issuance of a building permit. 13. That a composite utility plan that includes the landscaping be provided. 14. That a knox box is provided for the security gates. 15. That a vertical distance of 13.5-feet is provided through-out the property including the garage. 16. That the maximum height of the parapet is 6 feet. .~b volao~~ `wov~s Ada~~o a~ ,~ ~ ~ •,~ ~ ~ ~ n 1,tJMH~JIH 14213Q3d H1230N ylyl 'df1O219 ~di' a q $ ~ ~ I I 3N0 Q3113'I HQ'd38 Atl2kl3O ltl H1MON 3Qtl•ld a21tld ~ ~ i ~ ~ y _ k ~Dg ~~ 5 ,n. ~ mom r u ~ o n a A a-~ .-s ~ rf p ° g E E9' Y 3..408 POL'S-8Z' wwnrt~.ods-ten a.uda ~ s R . i ° 1 ~ __ __ _ _- ~ - --°r - .._.-_- ___ -- - ----- a 8 ~ 5 _ ~' t lno .k ~~~ ~ ~ s a a $$ a c ~ ~ 1 ~~ ~~ ~~ ~8 ~8 ` ~ a ~ I e. ` --------------- s ~ ~ ----- -- - -- -- ~ - a i • ~~ 5 p` ~~ d rT ad ~ 1 s ~ 6 ~ ~ I o Z F n f.a ~~ ~ 5~ _ 4 , ~~ 3- ~ ~ s~ P °~ 8 °~ x ^~ ~ '~ I 3 a ~~~ -II ~P E :~ ~ s ' i ;, ~-,__ 4 ~_ ~~ ;sop ~ ~, ~~ -- --~- - ,"~ ~$ ---• . a m' I•g ~ ~ €~ I 9 ~ 1 ~ ~I I ~ RR ~ my ~ a~ ~ ~i~J =I 6 - - - - -I~- d D s"~~ a i ~ I ~ ~~ s II 6 ~ 6II 11; k E a l~~dei ~~ 1', x~ ~ a. ~ ®I ~ I ~~ I s o- I h_ 3Y I g 4~~~~ ~ - y1 ---- 44 rl n~ ~ ~ I ~ I I "~~ ~ eS ~ I z 4 ~~C~~~ ~~ ~ I ~ I 1 t ~~ I 3 gggg gg ~ ~99~7~ ~r ~ t~ I ~ 0 E e I I $ ~ ~ .I! P fps. ~` la ! a "e I I I s a ~ ~ j LL k ~ I s~ I l i~ b ~ ~ $ I ~ 8~~~~ ~ ~~_ ~ I I a I ~ e ~~' j w~ ~~~~~~ i~ ~ 1', ®I I I a ~ I zIl 6 I a ~ 3 3c ~ } 4i _ 1 ~ E 1 ze P d ~• ~ ~ EL -s ~um rv g as s € ~ &~ ~ ~ ~ ~~ rg ''a II~b ~~ ~E F ~ ~ II ~ ~ nm g ~a ~~a ~& - ~& _ ~ - -- - a i i $ i~ ~.~ ~ s~ ;;a ~ ~ - -- ~- --- -- --, ---- -- ~ ~~ ~ ~ ~~ m~ ~~ - ~~ ~~ ~ ~ R~ I i3a a ~ ~F~ ~ e€a I ~~ m ea y " " E ~ ~ 8 ~ k _ _ -~.. --- i- b¢ - - --_ - veai m ld9E z.g s a~^ri 3 ---~~ --- 1 SE c g~~ ~~ ]~ '3 4080 pOL -.8L'08Z ~ a i ~ F ga _ x ~F ~ R ~~ ~"' e a a ~ 3 F a~ ~.~ 8~~ dBE ~S~S ~a nis a~nx a-xs .n .i~Aa 7 Q it Q ~ ~; $ 5 4 ~; 5§ ~3 : E: ~ a ~~ a,~n S ti ~ ~ ~R 7 ~ B O ~ ~ ~ ~ 3 F~ ( i ! f- ~ . ~ a o e s e ti l e e ~ @ " ~ i ~ ~ F ~ ~ 9 i ~ e ~~ ~~ ~ ~ ~ 5 e ~ e ~ ` ~ ~ ~ ~ ~ ~ ~ ~° nn ~~ ~ ~~ ~ ~ ~ ~ ~ ii1~~ 4 ~ ~~~ a~ '~NI `dfi(l~I9 ITV OIVLL ~3A31 y H9tl39 AtlM"!3a 1V~FI1.210 3'Jtl"Id 'J21tld ema w one ~ ' ~= == eaiaa~~ `H~v~e Ava~3a ~.~:~~ ~.m 3 g~ ~ ~ 33LIH1 r AHMFi~JIH lF>'H303~ H.L2iON ,~1 '~~~ ~~ ~ g ~ ~ ~ ~ ~ p ^ 333 H9V38 AtRll3a ltl HIZION 35tl1d ~21tld ~ ~ a ~ yr a a l 1 3 I a 0 g ~. a ~ k ~~ S~ H 1 e I ago .~ , ~.~ .~ ,. ~ ! f F __ ___ _..._ _ .--- ---- ---- - - ----- ~_~ 1 s i ; ~ . G , 4 i - -- ~ €~ -- - ~ \ d P d o ~ ` ~ ~ ~ A a ~ i ~ E --- - t .. .._._ ~ o ~O O - r~° ~ ~ ~ ~ ------ ~ lu! ` E ~ - ~ P a 1 - ~ ~ ...~, j - - ' ' _r ® , ---- ll C a., a -< a~e a;o~ g ~ ~ ~~ ~ RC5 --- i i ' ~~ ~ 1 ~ O ~ ~ -- x ~ S~ I ® $ ~ ~ ~~ ~ x I ~ E ! ~ g~ " L 5 o a % '~ d ~~ i =~ ®' ~ ` ~ f ~~ e e S5 ° 3 -- ` ~~ d b ~ -- ~ ~ ~~ 1 ~~ ~ p ~yC3 I ~1 3t333 0 b IDi€ _~ _____ --_ --_ _._ t ` a _.______ H aa~ ® ry ~~ rv~ x~ O O - ~~ D ~ ~ .__ ~ ~ ~ $l11i ~ Q b 0 '~ o o ~ I 1 ~ E I !i - ~~ - ~~ ~r1 -- S~ ' ~~ /; ~ ~ { i s f 1 i ,^~ _ ~~ =~` 1~ORiOId'H~H39JlVZkl30 ,~„"~'"'.~;.a~,~~ ~ ~~ 3 13113'7 i~laV39 Atlill30 1tl~HltlO 3'~tlld 3Zktld '~IVI `~flOtl9 ~dV ~ g ~ ~ ~ ~ ~ h a R 4 R 5 ff O O LL ~~ LL _ ~ it ... ~ 1 s ~ 3 a ~ 1 ~ '\ 4 ~ ~ EE E i a= a a 1 3 ~ s~ c _. ~ h Q d - 4 ~ ~ / _ ~ ~~ ~ I i 0 ii .a~ , ~ ~~ 3 1 I ~~ 3 ~ ~ ~~ ~. ~ na 3 ~ o i 1 ~;: i j 6 ~ ~ ' 6 D ~ R~ o ~ ~ ~ i ~ a [J ~ LL ~ ~ .. 0 ~ ~ ~~ 3 ~ A~ ~~ ' __ a a ~ ~@ i ~ /~ \ ~ ----J w I~ m ^ ~ d ~ ~ 4 I ~ I 3 ~ 1 ..,~ ._ - i Fi a 4 HOIZiOI~ ~H`JM/38 A'dLil3a c®n w.e ~.Md ~ tl~ 43~US_^y J.tlMH~JIH ltlM3a3~ Hl?J4N 'mil 'Afgtl9 ~r~i+ ~ g ~ ~ ~ ~ t G SNOlitlfl3~~ HOtl38 Atlai"13tl ltl HJ210N 30tl1d 021tld ~ g a e r+ I~ ~~~~ ~~~~ I ~A x ~~r ~: w ~j I I I I ~ - f ~ I I 9 ~~ I ~ t ~ I I I $$ ~+ ffi Y i 2, I Z ~ C ~ ~ ¢ Z O ~~ ~' ~~ I~ m Z P I I ~-- ~I EL Cp t~J- I F I 8 1 ~ ~ i= ' ~ IzI: W 1~ 1 ~ ~ ~ # - O ~ r ~ ~.I ~ _ p ~ ~ ~ O I`L_ ~~~ I ~ ? 11--~ i ll~°R ~ 2 ~ ~ ~ I ~ Cam: m I z ~: z - z o I i d ~ ~~ ~~~ I ! o m ~ I ~ J Q a I, ~ I K § ~~ I ~ 3 I~~w § S g~3 W § I Y E I~ O ~ a~ I I g S i ~~ ~ gg ~ S~ g S~~ O ~ Y ~ i ~ ~I ~ I I V ~ U I ~ ~ ~ ~ ~~I ~ ~~~ m~r~r W m ~ i ~ 4~ ~ LL ~~ ~ ~ _ g c~ct9 i Y I i ~ ~.c+. i ~~ ~ $' " 4 ~ ~ ~A ~ g m Ed Ctx I 66 ~{ ~ Q .~~ i ! ~ j ~ ~ 9 ~ ~ s ~ ~ 4 ~ ~ 4 ~ ~ ! I 3 Y ~ ~ F, 9 L _ it i ~ ~ ~~I~ ~~ E i Et-+-~ ! I I~ I I I ~. m: ® ~ _o ° - 0 I i~ ~ I i ~ ~ i~ d~ i~ ~[ i ~. i ~ ~ i ~ i ~ i p i ! ~~ ! I, I ~ ~~ € ~~g~ S~ SNOI~lpl13l8Y H3tl38Atl21't301tlH1LION aV"Id 0~3tld "~NI 'dfl(02~9 ItiV ~ ~ ~~ $ ~ ~ va, I ~~ ~~ ~h s ~ ~ i ~ 4g &~ h AI ~ - S ~ I ~ ~~ C~7O~ ~~ ~OOO ~ ~ ~ A S ~ ~b ~ 'Fi' ~ S g ~ g ~ ~ c ~ ~ ~I -' ~ ® ~ I ®I ® ®,:: ® I ®I pp~ ~ ~~ ~~ ~ ~ ~ ~ - ~~ ~~~ - ~ ~ ~ ® ® Z LJ ® ® ® } ~ w ~ , u i ~ fl W y® Ps~v ~ ~ ~ ~ ~ ®' ~ C:~ ® J ~ Y ~ ` ~ ~ C7 _ S ~ ® ® ® ~ Z r ~ ® ® 0 ~ _ Z ~ ® ® ® ~ 2 ~ m S ~ [ ~ r ~ ® F ~ ' D D D N ~ ~ 2 ~ ~ a & ~ ® ® aVa '~ 000 CJ000 m ~ N y _ u ~ ~ t ~ ~ ~ ® ® i M-, ~. E ®~ ~~pppp~~ ~. '. '.:. q ^C7C7 dC]O gg ® ®. Y , , = ~ ~~ -p = ap ® ®f® ~ ~ ~ ~ ~ g F ~ ~ ~ ~ ~ N}~}~1 8 p ~ ~z ~ ~b ~i Y a. _ nn LJ t~ ~ ~~ r"rW WPB w Po.'npo ~u.Cppn M~tl>mWm.4P+1~.N 'Pa~M11VW0IY •IIOW0114VIoW 9001 N'd'ld 3db'~SONtfi ~ilS ulu-zs~ussl*~scaezs~nvsl.~la 9cxcbv~es~+w~+~e+unoSr,~caea+~l~n ~ ~ ~ $ ~ = _ o 3 s ~ n o ~ ~ A - w~9!4~ N ' ~ ~Pue"l wMO~'Fi~Y3BAtltl33[!'AtlMIi;7iHTJCCimiHltlON ,~cua6euey~ uoq~nAwo] g _ ~ ~ LL. ~ / ~ ,~ H~t/3B A`d!~"f3a fib' H12~ON 3~Y/'ld ~2ib'd ~JIVI~~A r~~.s3[bw i C ~ ~ ~ a ~ ~ -~ ~l~~l~e?~~~ ~li~~l;~lil:i;~e~g ~ p ~ a a ~06~~~~~'=ono a ~b~pb~6bEr ~ ~ a # ~ § t ~ ~ ~ _ ~~~ ~ ~ ~~ ~3 >~ ~~ ~ ~~~~ ~~ ~ ~~ ~~ ~ ~~ ~ ~ ~ 5 ~ ~ ~ ~ ~ ~ ~ ~ ~ a$ aae ~ sa ~ °a s R~ f s ~ t! #E a ~~~~~~°~~F~~171P ~~PFrP~SF~'Y.K~~~~g w g$ x x x ig x KE 3 e~ x d 5 x ~~ ' ~ ~ N ri f ~d i r d of ~~ ~ ~ < am uyyw.ce m+'44V~eVH~u.uWeVµ~++W vo WPM P~AO+ + NYid ~db'~SaN'd'l N~O~IHJ d002~ . ~~°°°°4°'°°"„""°P°°`" "~'"'~~Y'~,.°"°""~ s~G a s~lc sl+~s sla+ << - ~ i ~ N ~.ea a rx 9 z 9 w 4fi4LS ~Laoae uo~u~os'ul^PS ayn ReiW~uro ~ ° ~ ~ emaov'~vae xebrao'xa~x ~ Fu auawa6eu2W uo~ngsuo3 - aa~~l4aN adeaspuel t u ~ nox HOH38 Jl~i"EHO ld Hl!!ON 30t/ld 32f'dd SM~YA ,,7~~[~~ll~ ~ ~ a `~ ~ ~ J $ c e ~~ ~, ~: g. 10/14/2005 16:33 FAX 15617370188 T044n of G1xIY Stream TOWN OF GULF STREAM PALM BF~-CH CouNTY, FLORIDA COMMiS510HEF15 WILLIAM F, KQGH, dR. Mayor ,IpAN K. ORTHNiEIN, Vloe Mayor FRED 8. pEUITT III ROBERT W, HQPKINS ll 1N[ttIAM A. LYNCH ~- ~ ^c~~ c°'~ _ y . ,.~ ~z~~~gas October 14, 2005 Mr. Paul Dorling Director Planning & Zoning City of llelray Beach l00 N_Vit. l9t Ave. peh~ty Beach, k'L 33444-2698 Via Fax & Regular Mail Re: Pare Place by Paul Brent Development Group, L.L_C. Dear 1vLr. Dorling: Telephone (581 ~ 27fi-5116 Fa~c {567)797.0189 'l'awn Manager WILLIAM H. THRASHER Town Clerk AITA L TAYLOR At Town of Gulf Streanr>. Commission held today, I was asked to review the above referenced application and any appropriate and available docume><ztation. The question from our Commission was whether this development proposal, as filed or presented, is seeking design elements that are not normally provided by the City o~ Delray Beach Cade or Standards, l; a>< exau~ple, is the height of the structures, including any facades, greater than. what is allowed? The Town of Gulf Stream is interested in learning mote about this proposa~ Co~ssion Place Au Soled residents, the portion of Town west of the Intracoastal, attended meeting and it appears they have concerns. As you know, the Town is very interested, as you are for your residents, in protecting r~vhat our residents perceive to be Their quality of life. Absent any special conditions requested by the developer, the Town would ask for your cooperation in mitigating any possible infringements upon their quality of life. The Town of Gulf Stream is interested in leanng more about this proposal. Tam asking far your assistance to do so. Please contact me at Town Mall to explain how. this can be accomplished. Your continued cooperation and consideration for the Town of Gulf Stream and its' residents is greatly appreciated. Sincerely, 1 ~~ ` William H. Thrasher, CM Town Manager ~joo2 ~.`~° 100 5EA Ro,~o, GULF ~STRr~M, FLOl~IDA 33483 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager DATE: Apri14, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 WAIVER REQUESTS/HISTORIC DEPOT SQUARE ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of two waivers from the following Land Development Regulations associated with the Class V site plan for the Historic Depot Square project: 1. 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. 2. LDR Section 6.1.3(B), which requires a 5-foot sidewalk along both sides of Depot Road and NW 2nd Street. BACKGROUND At its meeting of March 20, 2007, the City Commission approved an LDR text amendment establishing the Interstate 95/CSX Railroad Corridor Overlay District, which allows multiple family residential developments in the MIC zoning district up to 24 dwelling units per acre as a conditional use, provided at least 25% of the units are workforce housing units. At its meeting of October 2, 2007, the City Commission approved the conditional use request for the mixed use project known as Historic Depot Square. The Historic Depot Square project is a mixed use development consisting of 296 dwelling units and 90,135 square feet of office floor area. The residential portion of the development is subject to Article 4.7 (Family/Workforce Housing), which requires that a minimum of 25% of the units be designated as workforce housing units. At its meeting of March 26, 2008, the Site Plan Review and Appearance Board approved the Class V site plan for the project. The Board considered the waivers mentioned below and recommended approval of both. WAIVERS 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. Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance for a parking area that has 51 or more parking spaces is 50'. All of the proposed driveways along NW 2nd Street and Depot Road do not provide the minimum required stacking distance. The following table identifies the specific deficiencies of each driveway: ;Road::::::::: Proposed:.:Stacking::::: 'Depth :;East driveway south side of NW ;17 feet ;,end Street ;West driveway south side of NW 20 feet Znd Street est driveway north side of NW d Street th driveway along Depot Road ,,11 feet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . dle driveway along Depot .36 feet Required Stacking Requested Stacking Depth 'Reduction 50 feet 33 feet 50 feet 0 feet 1 feet 50 feet 19 feet 50 feet 39 feet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet 14 feet ;North driveway along Depot Road LS feet ~U feet 35 feet :North driveway at roundabout 17 feet ~0 feet 33 feet ...................................................................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................... The applicant has submitted the following narrative in support of the waiver: "...STACKING DISTANCES -LDR 4.69(D 3)(c)(I):This section of the code would require that we have a 50 foot stacking distance at each of the...seven entrances in the project due to the amount of overall parking proposed for the site. In response to this requirement, we have established a 50 foot stacking distance for the...entrance to the parking garage on the proposed new Depot Road. However, at the other entrances off Depot Road and NW 2nd Street, we are requesting a waiver to allow us to utilize the stacking dimensions shown on our plan. We feel that the approval of this request would be justified for the following reasons: • As noted in our Traffic Study, the traffic volumes anticipated to this project are very low. The new Depot Road will basically serve the project needs only, with minimal traffic generated from the small outparcel and the old Train Depot. • The project provides for multiple entrances which will allow traffic to be distributed among the various uses on the site and reduce the need for large stacking areas. Note that we have retained the required 50 feet of stacking at the entrance to the parking garage where greater volumes could possibly occur. • Although the stacking provided at the various intersections does not meet code, in most cases it exceeds 35 feet. • Depot Road is shown as a public street because it will connect to the Old Train Station and continue to serve a small outparcel. If that were not the case this road would be a private driveway for the project and would not require the code dictated stacking... " Waiver Analysis: The purpose of the required stacking distance is to ensure that vehicles entering the property do not back up into the street and cause a safety concern. It is noted that the stacking distance to the parking garage is 36 feet, not 50 feet as noted by the applicant. Nonetheless, given the numerous driveways into the property, vehicles will be distributed throughout the property rather than at one point. It is also noted that the peak hours of vehicles entering the site will be varied given the nature of the office and residential uses, which further reduces the impact on stacking. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Sidewalks: Pursuant to LDR Section 6.1.3(B), a 5-foot sidewalk is required along both sides of Depot Road and NW 2nd Street. The applicant has noted a sidewalk on the east side and requests a waiver of the west side of Depot Road. There are no sidewalks along NW 2nd Street. Thus, the applicant has requested a waiver from installing a sidewalk along the west side of Depot Road and both sides of NW 2nd Street. The applicant has submitted the following verbatim narrative in support of the waiver: "...This provision of the code would require that we install an additional sidewalk on the west side of the proposed new Depot Road. We are herein requesting that this requirement be waived and we feel that such a waiver would be justified for the following reasons: • There is no development proposed for the western portion of Depot Road nor is any possible because of the existing railroad tracks. • The new Depot Road will only serve the proposed project, a small outparcel and Old Train Station. All of these uses can be adequately served by the proposed sidewalk on the east side of the proposed roadway. NW 2nd Street: Our Master plan for the project provides for a small portion of NW 2nd Street to be retained as a 30 foot R.O. W. to serve an existing outparcel. All of the necessary drainage improvements and utility easements typically associated with a public R.O.W. have been accommodated on the site. However, due to the limited length of this roadway and the size of the R.O.W., the petitioner is herein requesting a waiver to the above code section which requires the installation of sidewalks on both sides of the road... " Waiver Analysis: With respect to Depot Road, the applicant is correct in noting that a sidewalk along the west side of Depot Road would serve no purpose since the CSX Railroad right-of-way borders the west side of the Depot Road right-of-way. Pedestrian access to the site will be adequately served by providing a public sidewalk along the east side of Depot Road since this is the only other property south of the proposed mixed use project.. With respect to NW 2nd Street, this street provides vehicular access to a single industrial development. This development is a destination oriented development that does not depend on pedestrian access for customers or employees. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. RECOMMENDATION By separate motion: 1. Approve 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, based on a positive finding with respect to LDR Section 2.4.7(B)(5). 2. Approve 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, based on a positive finding with respect to LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR HISTORIC DEPOT SQUARE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests to reduce the minimum required stacking distance for parking areas that have more than 51 spaces and to waive the requirement for the installation of a sidewalk along the west side of Depot Road and on both sides of NW 2~d Street have come before the City Commission on April 15, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Historic Depot Square Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance for a parking area that has 51 or more parking spaces is 50'. All of the proposed driveways along NW 2~d Street and Depot Road do not provide the minimum required stacking distance. The following table identifies the Applicant's waiver request: Road Proposed Required Requested Stacking Stackin Depth Stackin Depth Reduction East driveway south side of 17 feet 50 feet 33 feet NW 2nd Street West driveway south side of 20 feet 50 feet 30 feet NW 2nd Street West driveway north side of 31 feet 50 feet 19 feet NW 2nd Street South driveway along Depot 11 feet 50 feet 39 feet Road Middle driveway along Depot 36 feet 50 feet 14 feet Road North driveway along Depot 15 feet 50 feet 35 feet Road North driveway at 17 feet 50 feet 33 feet roundabout Pursuant to LDR Section 6.1.3(8), a 5-foot sidewalk is required along both sides of Depot Road and NW 2~d Street. The applicant has requested a waiver from installing a sidewalk along the west side of Depot Road and both sides of NW 2~d Street. 1 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, as to all of the streets listed above, of Section 4.6.9(D)(3)(c)(1), regarding the reduction of stacking distances comply with the requirements of 2.4.7(8)(5)? Yes No Would the waiver of Section 6.1.3(8), as to the west side of Depot Road and both sides of NW 2~d Street comply with the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.6.9.(D)(3)(c)(1) (stacking distance reduction) 6.1.3(8) (sidewalk requirement) 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of April, 2008, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 26, 2008 AGENDA ITEM: Iv. A. ITEM: Historic Depot Square - Class V Site Plan, Landscape Plan And Architecture! Elevations Associated With The Construction Of A Mixed Use Development Consisting ofi 296 Dwelling Units and 90,135 Square Feet of Office Between the CSX Railroad and Interstate 95 Rights-Of-Way, South of Lake Ida Road. GENERAL DATA: Agent ............................... Charles Putman OwnerlApplicant ................. Depot ]ndustrial Center, LLC Location .................................. The subject property between the CSX Railroad and ]nterstate 95 rights-of-way, south of Lake Ida Right. Property Size .......................... 12.37 Acres Future Land Use Map ............. CMR (Commerce} Current Zoning..... ................... MIC {Mixed [ndustrial and Commercial) Adjacent Zoning......... North: MIC South: MIC East: R-1-A {Single Family Residential) West: MIC Existing Land Use ................... Vacant Proposed Land Use ............... Mixed Use Project Known as Historic Depot Square to Allow a Multiple Family Residential Project with a Density up to 24 Dwelling Units Per Acre Together With 90,135 Square Feet of Office Floor Area. Water Service ......................... Existing on site Sewer Service ........................ Existing on site Rv ~a e.uz w PW~ 0 uwu lax nnv~- STA IA7AAY ~~ G~x ~~ GNm.` ~ ~-..:k'. E,':.: ;~,' ~ ., E ~ ~ PNY RlAN i ~~,~ N UF,P~Y . AIMRXS ^ e +vm~u C PpQ AyF `~` 9 ors Mv[ V ~' ~ L ~yy w , ~~ v' t ,~ ~~ IV.A. .~ ~~ :~' IT;~M 'B~FO;RE THE B~ ,~D _.~~~__ The action befiore the Board is that of approval of the following aspects of a Class V site plan for Historic Depot Square, pursuant to LDR Section 2.4.5(F}(5): ^ Site Plan; ^ Landscape Pian; ^ Building Elevations; ^ Special Action; and ^ Waivers. The property is located between the CSX railroad and Interstate 95 rights-of-way, south of Lake Ida Road and measures 12.37 acres. At its meeting of March 20, 2007, the City Commission approved an LDR text amendment establishing the Interstate 951CSX Railroad Corridor Overlay District, which allows multiple family residential developments in the MIC zoning district up to 24 dwelling units per acre as a conditional use, provided at least 25% of the units are workforce housing units. At its meeting of October 2, 2007, the City Commission approved the conditional use request for the mixed use project. Historic Depot Square is a mixed use development consisting of 296 dwelling units and 90,135 square feet of office fiioor area. The residential portion of the development is subject to Article 4.7 (Family/Workforce Housing), which requires that a minimum of 25% of the units be designated as workforce housing units. The development approval is subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff report; 2. That a bus shelter be provided near the intersection of Lake Ida Road and Depot Road; 3. That a letter from the Palm Beach County traffic Division indicating that the proposed development complies with the Palm Beach County Traffic Performance Standards Ordinance be provided; 4. That the plans be revised to graphically note the specific units that will be reserved for workforce housing or as otherwise approved and monitored by the City and as set forth by restrictive covenant; and 5. That floor plans for the recreational facilities be provided. Exhibit "A" -Technical Items: 1. Pursuant to LDR Section 5.3.3([=), the water and sewer mains need to be extended to the furthest points of the property bath north and south. 2. The applicant needs to contact the Florida Department of Transportation to determine the drainage requirements sought by the State. 3. Per LDR Section 4.3.3(00), generators are required for all in#erior corridor lighting and exit signs and at least one public elevator. 4. Per LDR Section 4.3.3(000), generators are required for all new clubhouses, which would include the lobbylcyber cafelgame room areas. 5. The applicant needs to contact the railroad to obtain approval of the trees along Depot Road, since the overhang of trees into the right-of-way is typically discouraged. SPRAB Staff Report Historic Depot Square -- Class V Site Plan, Landscape Plan, and Building Elevations Page 2 6. Per LDR Section 4.6.8, the maximum illumination is 4 foot candles, which is exceeded in the ground parking areas and the garage. The photometric plan needs to include all stories of the garage and how the light fixtures will be screened from off-site. 7. A hold harmless and landscape maintenance agreement will be required For the installation and maintenance of the landscaping within the public righ#-of-way. 8. The on-site parallel parking lot needs #o have signage that clearly indicates that it is one-way or widened to 24 feet for two-way traffic flow. 9. Per LDR Section 6.1.8, a note needs to be added to the site plan #hat indicates that all services utilities will be located underground. 10. The sound dampening measures employed by the proposed development need to be provided with the submittal. 11. Given the shared parking, drainage, etc. the property needs to platted and maintained as a unified development with due cross-access stipulation within the property owners documentation. The maintenance responsibilities of the common areas need #o be delineated in this documentation. 12. Per 4.6.16(H) (3) {d} the applicant shall provide a landscape barrier between the vehicular use area and abutting property. This landscape barrier shall be not less than five (5} feet in width. This has not been provided along a portion of the east perimeter of the site (east of parking garage in the lot with nine (9) compact spaces}. 13. Light poles shall be centered between the proposed trees. There are conflicts between some of the proposed site lighting and trees. Although the light poles shall be centered between the trees, the spacing of the trees around the perimeter of the site shall not exceed thirty (30) feet. Currently, the gaps between many of the trees are as much as fifty {50) feet. Several of the double back-back lights are oriented to be parallel with the landscape strips that separate the parking rows. If the heads are rotated to be perpendicular to the landscape strips, there would be less interference with the tree canopies. 14. There are other conflicts be#ween proposed u#ilities (fire hydrant, water lines, etc.} and landscaping. In addition, some of the trees and other landscaping are shown within utility easements. Per 4.6.16(H) (3) (o) landscaping may be permii:ked in easements only with the written permission of the easement holder. Written permission shall be submitted as part of the site plan or landscape plan review. 15. Per 4.6.16{H} (3} {I) landscape islands shall contain a minimum of seventy-five (75} square feet of plant able area, with a minimum dimension of five (5) feet, exclusive of the required curb. A note on the plan indicated that the typical island width is six (6} feet inclusive of the curb but some of the islands did not meet this requirement. 16. The proposed hedge adjacent to the parking lot along the west side of the `Business A Building' and the hedge adjacent to the parking lot (by the triangular retention area) along the east side of thak building are not necessary. There is ample screening of the vehicular use areas from the plantings along the property lines. If the hedges adjacent to the vehicular use area are eliminated, there will be a better vista of the landscape instead of hiding it. 17. The applicant shall provide the visibility triangles on the landscape plan and add a note to the plan that requires all plantings within the visibility triangles to be installed and maintained at a heigh# not to exceed 36 inches. Some of the proposed plant material may need to be eliminated. 18. The list of Sabai palms to be relocated shown on Sheet TS-1 references Sheet LP-1 far khe new locations. Some of them can be found on Sheets LP-4 & LP-5 but not on Sheet LP-1. Not ail of the palms to be relocated can be found on any of the plans. The plant lis# only shows the new palms but does not reflect the palms to be relocated. The applicant shall show all of the new locations and make the necessary corrections. 19. FDQT permits are required-for this project. Submit copy of FDQT pre-application letter to City Engineer. 20. Provide existing elevations on existing roadway including edge of pavement and center line. 21: Provide finished floor elevation.. If finished floor elevation is less than 18-inches above centerline of adjacenf 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}. 22. 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 wafer will be retained on site. See LDR Section 2.4.3 (D) (4) and (7). 23. Clearly dimension driveway wid#h. Maximum driveway width of driveway is 24 feet. 24. 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). 25. Provide location of existing water service on engineering plans. SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 3 26. Indicate where proposed water main will connect to existing water main east of I-95. 27. Minimum size of water main in City of Delray Beach is 8-inches. Material of proposed water main is to be Ductile Iron Pipe or 0900. 28. Provide double valves at connection points. 29. Provide copy of Palm Beach City Well Permit required for irrigation. 30. Irrigation system needs to be designed so it can be converted to reclaimed water when made available. Verify requirements with Public Utilities. 31. Provide exclusive 12-feet water and sewer easements over water and sewer mains. 32. Indicate typical configuration and location of proposed sewer services with cleanouts. 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. 33. Indicate how existing building will be served with water & sewer. 34. Provide larger splitter islands at roundabout. 35. Provide on the detail sheet City of Delray Beach Standard Detail WW 4.1, WW 5.1 or 5.2 {which ever is applicable). 3fi. 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. 37. Show and clearly label all easements on Landscape Plans. 38. A minimum 10-feet genera! utility easement is to be provided through the property. 39. Provide location of proposed street lights and address responsibility for installation and maintenance per LDR 2.4.3 {D) {6). 40. That a covenant be submitted far approval by the City Attorney's Office and recorded. 41. Due to the parking area at the entrance to the garage and resulting pedestrian activity, a tactile warning devise should be installed at the exit from the garage. It is noted that the site plan has been modified from the conceptual plan reviewed and approved by the City Commission. These changes include a redistribution of dwelling unit types {i.e. number of bedrooms), layout of residential building "A," and the layout of parking areas. These modifications do not affect the findings made by the City Commission with respect to the density increase. Thus, the conditional use does not require reconsideration by the City Commission. A site plan request has been submitted to construct a mixed use project containing offices and apartment dwelling units containing a minimum of 25% familylworkforce housing units on this property and is now before the Board for action. m ~ ~~ P,';R 4 J E CT A-1E S ~~=~`P~I~~I __W_ ~. _ - _ _ s The development proposal consists of the following: © Construction of two (2} two-story buildings with a total of 90,135 square feet of office area, and two (2} four-story buildings that contain a total of 296 multiple family dwelling units; afive-story parking garage with 340 parking space, and 528 surface parking spaces. The residential portion of the development consists of 81 one-bedroom units, 181 two-bedroom units, and 34 three-bedroom units. Of these units the applicant proposes to set aside 20 one-bedroom units, 45 two-bedroom units, and 9 three- bedroom units as workforce housing units; SPRAB Staff Report Historic Depot Square - Class V Site Pian, Landscape Plan, and Building Elevations Page 4 ^ Construction of a swimming pool and garden terraces within the courtyards of the residential buildings. Additional recreational features include a children's playroom, teen game room, cyber cafe, and an exercise room; ^ Relocation of the Depot Road right-of-way to the west side of the property and construction of improvements that include landscaping, parallel parking spaces, drive lanes, vehicular roundabout, and sidewalks; and ^ Installation of sidewalks, walkways, and associated landscaping on-site. The development proposal includes waivers to the following sections of the Land Development Regulations: 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. 2. LDR Section 6.1.3(6), which requires a 5-foot sidewalk along both sides of Depot Road and NW 2nd Street. '~.~ -.--~ S IfiE P-LA~N ' A N A L Y S 1 5-- ~ .- COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS Items identified in the Land Development Regulations shall speci#ically be addressed by the body taking fins! action on the site and development applicationlrequest. FAMILYIWORKhORCE HOUSING: Minimum 1=amilylWork#orce Housing: Pursuant to LDR jLand Development Regulation] Section 4.4.19(A), a minimum of 25% of the 296 dwelling units (74} must be designated for workforce housing. Per LDR Section 4.7.9{a), all workforce housing units shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as market-rate units. Further, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide . them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market-rate unit. The applicant has responded with the following statement: "lt is the applicant's experience that specifically identifying particular apartments within the projecf as Workforce Housing unifs could unnecessarily sfigmafize those unifs as somehow being different from other project unifs and work against the goal of having these units fully SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 5 blended fhroughouf fhe projecf. Rather Phan earmarking units, it would be fhe appllcanf's intention to lease units to tenants on availability and demand while at all times adhering to fhe 25% Workforce housing requirement and the relafed criteria In the City's Workforce Housing Ordinance. Per the Workforce Housing Ordinance the applicant will record a covenant specifying fhe Income levels, rent levels, reporting requirements and restrictions far fhe Workforce Housing units. All leases will contain language Incorporating the applicable covenant. The applicant is preparing a draft of fhaf covenant for review and approval by fhe Cify and that document will provide far a specific reporting process whereby the applicanf will make available his rent rolls and a unit map for the City's review and audit so as to confirm fhaf the Workforce Housing provisions of fhe project are reasonably dispersed throughout fhe project and fhaf provisions of the Clfy Code are being met." The City has typically required projects with a workforce housing component to designate the specific units that will be set aside for this program. As noted by the applicant, the designation of the specific units does not function well in an apartment context. Thus, the City Commission {via the conditional use approval) allowed for the scenario wherein the applicant can submit a restrictive covenant that delineates the operation of the workforce housing program. The City will be responsible for monitoring the applicant's adherence to this restrictive covenant. The workforce housing program, as approved by the City Commission, is attached as a condition of approval. Ratio: Per LDR Section 4.7.9(c}(i) through (ii), the proportion of one, two, and three bedroom workforce units to total workforce units must meet or exceed the corresponding number of one, two, and three bedroom market rate units to total market rate units. Given the number of workforce units noted on the site plan, the proposed development provides 27% one bedroom market rate units and workforce units; 61 % two bedroom market rate and workforce units. The percentage of three bedroom market rate units is 11% and the percentage of workforce units is 12%. Based on the above, the proposed development complies with the required ratio of unit types. Covenant: Per LDR Section 4.7.6(a), a covenant will need to be recorded that specifies the income level served, rent levels, reporting requirements and, all restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.19(A) - Pert'ormance Standards; These standards shall apply to the residential portion of the development to allow a density of up to 24 dwelling units per acre. SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 6 (a} The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of #raffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m,p.h. The parking area consis#s of short segments and multiple entrances onto Depot Road. The applicant proposes to construct around-about at the northern end of the development to aid in controlling speeds along Depot Road. These traffic designs will keep the speeds within the development at or below 20 miles per hour. Based on the above this performance standard has been met. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The residential buildings are designed in the courtyard fashion. Building "A" has an interior courtyard that includes landscaping and pedestrian walkways. These courtyards wilt provide unique "places" for the resident's of the development. Building "B" also contains a courtyard with a pool and landscaping. Thus, the development has met this performance standard. {c} Where immediately adjacent to 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 density areas. Building setbacks are increased by at least 25% of the required_minimum; at least one tree per 30 linear feet {or fraction thereof) is provided; trees exceed the required height at time of planting by 25%-or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The property is not immediately adjacent to a residential zoning district. Therefore, this performance standard is not applicable. {d} The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity 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 architecture of the residential buildings is a contemporary interpretation of the vernacular s#yle. The buildings have a standing metal seam roof an a sloped parapet. The buildings have a variation of formed stucco and smooth stucco. The windows are varied with respect to size and treatment. All windows have muntins and are varied with awnings and sills. The balconies and breezeways have aluminum picket railing. The SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 7 rhythm and balance of the buildings are adequate, thus, this performance standard has been met. (e} A number of difFerent unit types, sixes 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 proposed development provides 81 one-bedroom units, 181 two-bedroom units, and 34 three-bedroom units. The development contains only one version of the one-bedroom floor plan that contains 722 square feet. The two-bedroom units come in two different models that contain 1,026 square feet and 1,109 square feet respectively. The three- bedroom is available in two different floor plans the first with 1,233 square feet and the second with 1,185 square feet. Given the variety of floor plans and unit types, this performance standard has been met. (f} The development is designed to preserve and enhance existing natural areas andlor water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. The property does not contain existing natural areas or water bodies. The applicant has provided additional landscaping along the south side of the property adjacent to the retention area. Since a native habitat has not been provided, this performance standard has only partially been met. (g} The project provides a convenient and extensive bicyclelpedestrian network, and access to available transit. The project provides an adequate bicyclelpedestrian system within the development. The applicant proposes to install a pedestrian connection along Depot Road to Lake Ida Road. The provision of a bus shelter at Lake Ida Road and Depot Road helps meet this standard by providing access to existing mass transit. Therefore, this performance standard has been met. Based on the above analysis, the proposed development will comply with performance standards (a), (b}, (d}, (e), and (g). The development proposal does not fully comply with performance standard (f}, and (c) is not applicable. Given the level of achievement with the performance standards, the density increase can be supported. LDR Section 4.3.4 K Develo ment Standards Matrix; The following table indicates that the proposa! complies with LDR Section 4.3.4(K) and Section 4.4.6(F}(3) as it pertains to the Mixed IndustriallCommerce (MIC) zone district: SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 8 _.... Provid -;_:__ Standard , er) 1Viaximurn Building: Height Residential Building (A) _ 48' 44' 7" Residential Building (B) 48' 46' 9" Commercial Building (A) 48' 46' 4" ` Commercial Building (B) 48' 42' 7" Minimum Building Setbacks Front -Commercial Building 15' 79' A Front -Commercial Building 15' 78' B Front - Residential Building 15' 144' B Side Interior - Residential 15' 20' Buildin A ~ East Side Interior - Residential 15' 20' Buildin B -East _ Side Interior -- Commercial 10' 90' Buildin A -East Side Interior -- Commercial 10' 112' Buildin B -East Side Street Residential Bld. 15' 18' 10" A = Side Street Residential Bld. 15' 17' 6" B Side Street-Commercial Bld. 15' $2` A Side Street-Commercial Bld. 15' 32' 4" B Rear -Commercial Building 10' 176' __ A Maximum Lot Coverage 50% 32% _ _Nliriimum Open SpaceM 25% 30% Parking Requirements: Per LDR Section 4.6.9(C)(2)(c}, the required parking for the multiple family portion of the development must be provided pursuant to the following: • One bedroom dwellin unit 1.50 spaceslunit • Two or more bedroom dwellin unit 2.00 spaceslunit • Guest parking shall be provided cumulatively as follows: - fior the first 20 units 0.50 s aceslunit - for units 21-50 0.30 s aceslunit - for units 51 and above 0.20 s aceslunit SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 9 The proposed development consists of $1 one-bedroom units, 181 two-bedroom units, and 34 three-bedroom units. Based on this unit mix, the residential portion of the development is required to provide 619.70 parking spaces. Per LDR Section, 4.6.9(C}(4)(a}, the parking for the office component of the development is 3.5 spaces per 1,000 square feet of gross floor area. The 90,135 square feet of proposed grass floor area is required to provide 315.47 parking spaces. The total parking required for the development is 936 parking spaces and 855 parking spaces are proposed in surFace areas and the garage. 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 a request to reduce the parking requirements based essentially on the position that the proposed development is similar to an urban residential development, which allows for a reduced mixed uselshared parking ratio. It is Hated that per LDR Section 4.6.9(C}(8)(a), the City allows the reduction of parking requirements based on a shared parking calculation in the CBD, GC, MROC, or PC zoning districts but not the MIC zoning district. If based on a shared parking calculation, the proposed development would be required to provide 806 parking spaces, which would then result with a surplus of 49 parking spaces. This is a very compelling argument for supporting the parking reduction since the proposed development is in all respects similar to a mixed use development within other zoning districts that allow shared parking. The request for a parking reduction is supported. Right-of Way Dedication: Pursuant to LDR Sections 5.3.1 (A) and {D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: . Ri Fft of Wa g_ Y_. Re wired _` _' q - _~ Existin E Pro ~osec~ 9 P __~ Required ~Detlication . De of Road new _ _ __ 60' n/a 50' . 0' NW 2" Street 60' 40' 30' 0' Pursuant to LDR Section 5.3.1{D){4}, a reduction in the required right-af-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG}. The City Engineer and DSMG considered the reductions and approved the reduction of right-of--way for De~ot Road to 50 feet. The applicant has requested an abandonment of 1 ~ feet of the NW 2" Street right-of- way width, which is under review as part of the plat application that has been submitted concurrently with the Master Plan and Site Plan applications. A condition of approval is attached that approval of the 10-foot abandonment of NW 2"d Street by the City Commission is granted. SPRAB Staff Report Historic Depot Square -- Class V Site Plan, Landscape Plan, and Building Elevations Page 10 Site Lighting: Pursuant to LDR Section 4.6.8(6){3)(c), the illumination levels within the parking garage exceeds the maximum 4 foat candle level. The applicant indicates that the City's illumination levels are insufficient for parking garages in terms of safety. The SPRAB has approved similar parking garages such as Alta Congress, subject to the condition that the garages comply with the I.E.S. (Illuminating Engineering Society of North America) standards, and this is attached as a condition of approval. Further, the surface parking areas exceed the 4 foot candle maximum illumination levels. Thus, a condition of approval is attached that the illumination levels within the surface parking areas comply with the City's illumination requirements. __ vim.. ~ WADERS:. - 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. Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9{D){3)(c)(1), the minimum stacking distance for a parking area that has 51 or more parking spaces is 50'. The proposed development provides 20-foot stacking distances for the driveways along NW 2nd Street and 11-feet to 35-feet along Depot Raad. The applicant has submitted the following verbatim narrative in support of the waiver: "...STACKING DISTANCES -LDR 4.fi.9(D)(3)(c)(I): This section of fhe code would require that we have a 50 foof slacking distance at each of the eight seven entrances in fhe projecf due fo the amount of overall parking proposed for the sife. In response fo this requirement, we have established a 50 foof slacking disfance for fhe tvue onfr~ra'nvc°a entrance to the parking garage on the proposed new Depot Road.. However, at fhe other entrances off Depot Road and NW 27°~ Street, we are requesting a waiver fo allow us to utilize fhe sfacking dimensions shown on our plan. We feel that the approval of this request would be justified for the following reasons: As noted in our Traffic Study, the fraffic volumes anticipafed fa this projecf are very low. The new Depot Road will basically serve the projecf needs only, with minimal traffic generated from the small aufparcel and fhe old Train Depot. The projecf provides for multiple entrances which will allow traffic to be disfributed SPRAB Staff Report Historic Depot Square - Class V Site Plan, ~.andscape Plan, and Building Elevations Page 11 among the various uses on fhe sife and reduce the need for large sfacking areas. Nofe that we have retained fhe required 50 feet of stacking at the entrance to the parking garage where greater volumes could possibly occur. Although fhe stacking provided at the various intersections does not meet code, in most cases it exceeds 35 feet. Depof Road is shown as a public street because it will connecf fo the Old Train Sfation and continue fo serve a small outparcel. if That were not fhe case this road would be a private driveway for fhe projecf and would not require the code dictated stacking..." Waiver Analysis: The purpose of the required stacking distance is to ensure that vehicles entering the property do not back up into the street and cause a safety concern. It is noted that the stacking distance to the parking garage is 36 feet, not 50 feet as noted by the applicant. Nonetheless, given the numerous driveways into the property, vehicles will be distributed throughout the property rather than at one point. It is also noted that the peak hours of vehicles entering the site will be varied given the nature of the ofl:ICe and residential uses, which further reduces the impact on stacking. Consequently, positive findings can be made with respect to LDR Section 2.4.7{B)(5}, Waiver Findings. Sidewalks: Pursuant to L.DR Section 6.1.3(B), a 5-foot sidewalk is required along both sides of Depot Road and NW 2"d Street. The applicant has noted a sidewalk on the east side and requests a waiver of the west side of Depot Road. There are no sidewalks along NW 2"d Street. Thus, the applicant has requested a waiver firom installing a sidewalk along the west side of Depot Road and both sides of NW 2"d Street. The applicant has submitted the following verbatim narrative in support of the waiver: "... Pro-oosed Depot Road: This provision of the code would require fhat we install an additional sidewalk on fhe west side of the proposed new Depot Road. We are herein requesting that this requirement be waived and we feel that such a waiver would be justified for the following reasons: There is no development proposed for the wesfern portion of Depof Road nor is any possible because of the existing railroad fracts. The new Depot Road will only serve the proposed projecf, a small oufparcel and Old Train Sfation. All of these uses can be adequately served by the proposed sidewalk on fhe east side of fhe proposed roadway. SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 12 NW 2"d Street: Our Master plan for fhe project provides for a small portion of NW 2"~ Street to be retained as a 30 foot R.O. W. to serve an existing outparcel. Al! of fhe necessary drainage improvements and ufilify easements typically associated wifh a public R.O.W. have been accommodafed on fhe site. However, due fo the limited length of this roadway and the size of the R.O.W., fhe petitioner is herein requesting a waiver to the above code section which requires the installation of sidewalks 'on both sides of the road..." Waiver Anaf sis: With respect to Depot Road, the applicant is correct in noting that a sidewalk along the west side of Depot Road would serve no purpose since the CSX Railroad right-of-way boarders the west side of the Depot Road right-of-way. Pedestrian access to the Train Depot will be adequately served by providing a public sidewalk along the east side of Depot Road only. With respect to NW 2"d Street, this street provides vehicular access to a single industrial development. This development is a destination oriented development that does not depend on pedestrian access for customers or employees. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8}(5), Waiver Findings. Site Plan and Engineering Technical Items: The following technical comments were identified during the Master Development Plan review and were noted as technical conditions of approval (see background section of this report). These comments have not been addressed and will need to be addressed prior to certification of the site plan: 1. The proposed generator within the parking garage must be of sufficient size to accommodate the electrical needs of all interior corridor lighting, exit signs, at least one public elevator, the club househobbylcyber cafelgame room in both residential buildings. 2. Pursuant to LDR Section 5.3.3(F), the water and sewer mains need to be extended to the furthest points of the property both north and south. 3. That the applicant contacts the Florida Department of Transportation to ascertain the feasibility of installing lighting underneath the Interstate 95 overpass for security and safety purposes. 4. That the applicant is responsible for the contribution of the cost associated with the purchase and installation of a bus shelter at the existing bus stop along Lake Ida Road. 5. That the property need be platted and maintained as a unified development with cross- access stipulations and so noted within the property owners documentation. The maintenance responsibilities of the common areas need to be delineated in this documentation. SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 13 5. That the handicap parking spaces adjacent to apartment building "A" are relocated in proximity to the entrance doors in accordance with direction by the Community Improvement Department. 7. That a phasing plan be provided for the installation of proposed water and sewer improvements." 8. That the applicant obtain written approval for the proposed improvements including landscaping, hardscape, and entry features. __ _ ,- --- =~ -~- The City Horticulturalist has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.15. The proposed landscaping consists of Brazilian Beauty Leaf trees, Cat Palms, Silver Buttonwood trees, Pigeon Plum trees, Seagrape trees, Green Malayan Coconut Palms, Satin leaf trees, Orange Geiger trees, Royal Poinciana trees, Dahoon Holly trees, Jacaranda trees, White Crape Myrtle trees, Ligustrum trees, Dwarf Magnolia trees, Canary Date Palms, Solitaire Palms, Cliff Date Palms, Live Oak trees, Florida Royal Palms, Cabbage Palms, Glaucous Cassia trees, Yellow Trumpet trees, Bald Cypress trees, Florida Thatch Palms, Montgomery Palms, and Washington Palms. These areas will be underplanted with Giant Agave, Foxtail Fern, Dwarf Copperleaf, Dwarf Red Bougainvillea, Golden Bamboo, Purple Crinum Lily, Jamaica Caper, Silver Buttonwood, Black Ti Plant, Small Leaf Clusia, Red Tip Cocoplum, Dwarf Pitch Apple, Seagrape, Variegated Croton, Heliconia Paradise, Golden Duranta, Red Edge Dracaena, Variegated Pleomele, Bluberry Flax Lilly, Japanese Blueberry, Green Island Ficus, Thryallis, Dwarf Fire Bush, Daylily, Ixora Maui Yellow, Pink Nora Grant Ixora, Dwarf Flex Holly, Parson's Juniper, Leea, Coral Honeysuckle, Purple Lantana, Macho Fern, Sword Fern, Dwarf Pink Oleander, Red Oleander, Selloam Philodendron Burle Marx, Podocarpus, Wild Coffee, Xanadu Philodendron, Purple Showers, Lady Palms, Dwarf Indian Hawthorn, Tricolor Schefflera, Snake Plant, Eugenia, Saw Palmetto, Fakahatchee Grass, Confederate Jasmine, Dwarf Oyster Plant, Awabuki Viburnum, Sandankwa Viburnum, Cardboard Cycad, and Coontie. Based upon the above, the proposed landscape plan will comply with LDR Section 4.6.16, subject to the following: Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission unless as otherwise stated. That a hold harmless and landscape maintenance agreement be provided for the landscaping within the public rights-of-way. 2. That the applicant contacts the railroad to obtain approval of the trees along Depot Road, since the overhang of trees into the right-of--way is typically discouraged. SPRAB Staff Report Historic Depot Square _ Class V Site Plan, Landscape Plan, and Building Elevations Page 14 A.R` C~H ' I; T E G T U=~°f~A'~ ~ V A T I ~ ~ ~1 N .A L Y S I S Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environmenfi or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architecture of the residential buildings is a contemporary interpretation of the vernacular style. The buildings have a standing metal seam roof on a sloped parapet. The buildings have a variation of formed stucco and smooth stucco. The windows are varied with respect to size and treatment. All windows have muntins and are varied with awnings and sills. The balconies and breezeways have aluminum picket railing. The color scheme is reminiscent of the Floribbean palate and includes light green, yellow, light blue, white, and light orange. The two office buildings also have a contemporary vernacular interpretation. Office building "B" maintains a cbser adherence to the vernacular style. The buildings have standing seam metal roofs and a mixture of stucco lap siding and stucco finish. The paint schemes of these buildings are the same Floribbean palette as the residential buildings. In order to verify that the roof-top equipment will be completely screened, a condition of approval is attached that this equipment be dotted-in on the building elevations. Per the direction of the SPRAB, developments need to provide the locations of wall mounted light fixtures. The wall mounted fixtures have not been provided on the building elevations. Thus, a condition of approval is attached that all wall mounted light fixtures be noted on the building elevations and that they be decorative in nature and consistent with the architecture of the buildings. Based on the above, a positive finding can be made that the development complies with LDR Section 4.6.18(E). Tom, ,REQUIRED ~IN~D`ING-S - ~ _ REQULRED FINDINGS {Chapter 3}; Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the ofhcial record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 15 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. The subject property has a Future Land Use Map (PLUM) designation of CMR {Commerce} and a zoning designation of MIC, which are consistent with one another. Pursuant to LDR Section 4.4.9 9{D}{1)(f), multiple family residential development up to a maximum of 24 units per acre within the 1-951CSX Railroad Corridor Overlay District, as defined in Section 4.5.9 5, subject to the provisions of Article 4.7, are permitted through the conditional use approval process. The development complies with the maximum density of 24 units per acre since a density of 23.93 units per acre is proposed. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. Section 3.1,1 (B}_- Concurrency: 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 SCIIOOIS.. Section 3.1.1 (C? -Consistency (Standards for Site Plan Actions and Specific Areas): 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 Develo ment Re ulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDR can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan_ Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted. Future Land Use Element 4biective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. With the LDR text amendment to include residential components in the MIC zoning district, the City Commission essentially found that residential uses are compatible with the surrounding industrial uses for this property. Therefore, the proposed project is consistent with this policy. The original proposal included an industrial component rather than the office component subject to a similar assumption that it was compatible with residential development. This has been modified to an office component with this request. SPRAB Staff Report Historic Depot Square -- Class V Site Plan, Landscape Plan, and Building Elevations Page 16 Trans ortation Element Polic A-1.3: The City endorses the continued operations of the Palm Tran Transi# System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed mixed-use development will have on the surrounding road network and the location of a Palm Tran bus stop at the intersection of Lake Ida Road and Depot Road, it is appropriate that the development construct a bus shelter at this bus stop and this is attached as a condition of approval. The development will then comply with Transportation Element Policy A-1.3. Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. In response to this requirement the applicant has provided a teen game room and a children's playroom. However, the proposal does not include details of the fixtures or play equipment within these rooms. Thus, a. condition of approval is attached that the floor plans be revised to include the recreational facilities within these rooms. H_ousing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue #o accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three {3) and four {4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. The residential portion of the proposed development is a rental community. The mix of units includes 81 one-bedroom units, 181 two-bedroom units, and 34 three-bedroom units. There are no four bedroom units proposed within the development. Given the location of the development in an industrial area, it is acknowledged that larger families may not find the locale appropriate. Housing Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Pian, and Building Elevations Page 17 stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The proposed rental development is not located within the TCEA or North Federal Highway area. Therefore, the proposed development does not comply with this policy. 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 modifcations 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 modifed accordingly or denied. Given the location of the development within an industrial area, this development wil[ not have a direct impact on the stability of nearby neighborhoods. The introduction of residential uses into an industrial area is likely to create conflicts between long established industrial uses and new residential occupants. However, future residents will be coming to live in an area that is industrially intensive and no changes to these existing uses are warranted or are appropriate. LDR Section 2.4.5{F){5] {Site Plan Findings): Pursuant to Section 2.4.5(F)(5} {Findings}, in addition to provisions of Chapter Three, the approving body must make a finding that the development of the property pursuant to the site plan will be harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The property is surrounded by the following zoning districts: to the north, south, and west by MIC (Mixed Industrial and Commercial}, and to the east {across Interstate 95} by R-1-A {Single Family Residential). The surrounding uses to the north are vacant, to the south is the Train Depot, to the east {across Interstate 95) is single family, and to the west are industrial uses. As noted previously in this staff report, the City Commission made the determination that residential uses are compatible with the surrounding industrial uses at this property. R E ~I~==1~0 T H E R S _..~ The development proposal is not within a geographical area requiring review by the Communi#y Redevelopment Agency (CRA} or the Downtown Development Authority (DDA). SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 18 Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: • Neighborhood Advisory Council Progressive Residents of Delray Letters of objection and support, if any, will be presented at the Site Plan Review and Appearance Board meeting. --= -16~=f~ ASSE;SSMEN~. ~;N_D CONCLUSION ~ -= ._w... _ The proposed development is consistent with the policies of the Comprehensive Plan and the Land Development Regulations. Also, a positive finding can be made with respect to LDR Section 2.4.5{F){5) (Findings}, as the proposed development does not signifcantly affect surrounding properties in terms of their property values. The provision of the workforce housing units will assist in maintaining a balanced workforce that resides within the City. .~ALTERN/C~=EVE ACTIONS T _ .. A. Postpone with direction. B. Move approval of the special action, waivers and Class V .site plan, landscape plan, and architectural elevations for Historic Depot Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F}(5), Section 2.4.7(8)(5), Section 4.6.18(E), Section 4.6.16, and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the special action, waivers and Class V site plan, landscape plan, and architectural elevations for Historic Depot Square, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(F}(5), Section 2.4.7(6)(5), Section 4.6.18(E}, Section 4.6.16 and Chapter 3 of the Land Development Regulations. S T A F F1R-_E_ G O~IIII` M E N D A T I O N By separate motion: Special Action: Approve a parking reduction per LDR Section 4.6.9(F}(1) from 936 required parking spaces to 855 parking spaces by adopting the findings of fact and law contained in the staff report. SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Pian, and Building Elevations Page 19 Waivers• 1. 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 50 feet for a parking area that has 51 or more parking spaces, based on a positive finding with respect to LDR Section 2.4.7(8}(5). 2. Recommend to the City Commission approval of the waiver to LDR Section 6.1.3(8}, which requires a 5-foot sidewalk along both sides of Depot Road and NW 2~d Street, based on a positive finding with respect to LDR Section 2.4.7(8}(5). Site Plan Move approval of the request for Class V site plan approval for Historic Depot Square, 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(F)(5} and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Pian and Engineering Technical Items and submit four (4) copies of-the revised plans. 2. That a bus shelter be provided near the intersection of Lake Ida Road and Depot Road and be shown on the plan and noted as a requirement of this applicant. 3. That a letter from the Palm Beach County Traffic Division indicating that the proposed development complies with the Palm Beach County Traffic Performance Standards Ordinance be provided. 4. That a covenant be approved by the City and recorded that specifies the income level served, rent levels, reporting requirements and all restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing units and reference recorded covenants. The workforce housing program for the project as stipulated by the covenant wil[ be monitored by the City. 5. That the illumination within the parking garage complies with the I.E.S. standards. 6. That the illumination levels within the surface parking areas comply with the City's illumination requirements. 7. That the floor plans be revised to include the recreational facilities within these rooms. 8. That the site plan approval is contingent on the approval of the 10-foot abandonment of NW 2"d Street by the City Commission. 9. That the applicant contacts the Florida Department of Transportation to determine the drainage requirements sought by the State. SPRAB Staff Report Historic Depot Square - Class V Site Pian, Landscape Plan, and Building Elevations Page 20 Landscape_Plan: Approve the landscape plan for Historic Depot Square based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following condition: 1. Address all Landscape Technical I#ems and submit three (3} copies of the revised plans. Elevations• Approve the proposed elevations for Historic Depot Square based on positive findings with respect to LDR Section 4.6.18(E}, subject to the following conditions: 1. That the roof-top equipment be dotted-in on the building elevations and that they be completely screened by the parapets. 2. That all wall mounted light fixtures be noted on the building elevations and that they be decorative in nature and consistent with the architecture of the buildings Attachments: © Appendix A ^ Appendix B ^ Site Plan ^ Landscape Plan ^ Architectural Elevations Report prepared by: Scott Pape. AICP. Senior Planner SPRAB Staff Repork Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 21 _ ~ ---, ~P~E N D I X~.A _ u-_~• s G NCY FINDINGS Pursuant to Section 3.1.1{B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvemen#s for the following areas: Water and Sewer: Water service will be available to the site via extension of a water main along Depot Road from Lake ida Road. It is noted that the water main will need to be extended to the southern end of the property and this is attached as technical item. Sewer service will be available to the site via extension of a sewer main from Lake Ida Road. This main will also need to be extended to the southern end of the property and this is attached as a technical item. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard provided the technical items are addressed. Drainage: Conceptual engineering plans have been submitted that indicate that drainage will be accommodated via sheet flow to catch basin with outfall to three retention areas located at the northern and southern ends of the property. It is noted that with the relocation of Depot Road, the applicant will be required to accommodate a certain amount of drainage from the I-95 right-af-way. A condition of approval is attached that the applicant provides drainage in accordance with the Florida Department of Transportation. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic; The applicant has submitted a traffic study that indicates that the project will generate 3,242 new daily trips onto the surrounding roads and approximately 349 new peak p.m. trips. The traffic study indicates that the proposed development will not have an adverse impact on the Level of Service for the surrounding roads. However, a letter from the Palm Beach County traffic Division indicating that the proposed development complies with the Palm Beach County Traffic Performance Standards Ordinance must be provided and is attached as a condition of approval. Parks and Recreation Facilities: 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 that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 22 collected prior to issuance of a building permit for each unit. A total fee of $148,000 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 296 dwelling units will generate 159.12 tons of solid waste per year (296 units x 0.52 tons = 153.92 tons}; the 90,135 square feet of office floor area will generate 243.36 tons of solid waste per year (90,135 x 5.4 lbs. 1 2,DD0 = 243.36) for a project total of 402.48 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024, thus a positive finding with respect to this level of service standard can be made. School Concurrency: Notification from the Palm Beach County School District has been submitted that indicates that the residential portion of the development has been found concurrent. SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 23 ~' ~ `~ - ~ SIX ~~g„ ~ B "~~ ~ STAND~~'~`.~ITE PLAN ACTIONS A. Building design, landscaping, and fighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as if pertains to traffic circulation. Nat applicable Meets intent of standard X Does not meet intent B. Separafion of different forms of transportation shall be encouraged. This r"ncludes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-7 and D-2 of the Transportafion Element. Nat applicable Meets intent of standard X Does not meet intent C. Open space enhancemenfs as described in Policies found under Objective B-T of the Open Space and Recreation Element are appropriafely addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an exisfing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of fhe neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes steal! be planned in a manner which is consistent with adjacent developmenf regardless of zoning designations. Not applicable Meets intent of standard X Does nat meet intent F. Property shall be developed or redeveloped in a manner so fhat fhe 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. Nat applicable SPRAB Staff Report Historic Depot Square - Class V Site Plan, Landscape Plan, and Building Elevations Page 24 Meets intent of standard ~ X Does not meet intent G. Redevelopment and fhe development of new land shall result in fhe provisr"on of a variety of housr'ng types which shall continue fo accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in fhe Housing Element This shall be accomplished through the irnplemenfation of policies under Objective B-2 of the Housing Elemenf. Not applicable Meets intent of standard X Does not meet intent H. The Cify 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 pofential fo negatively impact the safety, habitability and sfability of residential areas. !f if is determined that a proposed development will result in a degradation of any neighborhood, the projecf shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shat! not be approved if traffic associafed with such development would create a new high accident location, or exacerbate an existing situation causing if to become a high accident location, withouf such developmenf taking actions to remedy fhe accident situation. Not applicable Meets intent of standard ~ X Does not meet intent J. Tot lots and recreational areas, serving children from toddler fo 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 residenfial developments located in fhe downtown area, and for infill projects having fewer than 25 unify. Not applicable Meets intent of standard X (Subject to the condition that the recreation facilities within the buildin are ro~ided on the pians). Does not meet intent CNVRCN OF CNR15T CANAL L-32 LAMDA Q NOVA- ~ TRONICS ~ LEE sT. ~- ' ~ a s~rA N - DELRAY ~ ° CENTER ART1C z ~ ICE ~ PROSPECT S7. c~ OR. CARGL KROL , Z N µ AY ~ '~ ~ Q CONGRESS 4 AVENUE NOLAND ,'? Auro cENTER ~ '' I N.w. aRO sT. vT ~ ~t '~~~ "`~ MDS VMDLESALE E s_ z BEAUTY SUPPLIES KEYSTONE ,x'i ~v~i CREATIONS 3 . ~ ~ lal ~ ~ a 4 !sJ a . Z S ~ H co ~ N w ~~o ,~T_ N.W. ~ ~ ~ PALM IRAN ' ~~ ~ z SATELLITE-FACILITY DELRAY AWNING (!) ~ ~ ~ z ~ z ~ ~ C9 ROYAL Z COMM. PARK OF ~ O DELRAY z U ~ CHEVRON V E P N ~ IN! ARKS P a J~ a ~ ~ ~ e ~L~- ~ ~ G ~G~~ MATER A 5 SH 3 ~ N ~A ~ P N HISTORIC DEPOT SC~UARE ~~ SUBJECT PROPERTY CITY OF 6ELRAY BEACH, FL 0 LOCATION MAP PLANNING & ZONING DEPARTMENT - DIGITAL &95E MAP SYSTEM -- MAP REF: LM950~ ~ g ~ ~ = W ~ ~ `~'.y.4Kgn`~Yy~ ~~ti~ a~~Y ~ ~~ S ~~ ~ : ~ ~ I9 2 ~t ~~ fl Q ~ ~ f~ ~ ~ ~ p ~ a F ~ 4 ~ h ~ v;~ ~ s~~..~ ~;.~ .~W~r~ ~:~ ~ L1 1 B r ;~ ; a E t i Nr ~h r avv. ~ ~~ ~;y as $~ ~ ~ ~ ~ ~~5 as s~s ~ s ^ , ~ ~ g ~S ~ $ ~ ~~ 3 ~ ~ ~ . ~ g~g 3s }~ ~q~q 3 g3g~ # s ~ 5~ ~ ~ ~~ ' ~ 3 ~ ~ X3 5 ~ ~ ~ ~ 0 ~5 ~5 ~ ~ ~ ~ ~~ ~ ~ ~ ¢ ~ ~ ~ 4 ~ ~ ~o oe "w~ e 3s ~~ 9~ ~ ~ ~ u g~ ~ ~ g ~ p ~ ~ 4 ,~° ~ x g ~ p~ x d € E _ ~ ~ ~ e gg 5 gg ri ~~ oS ea a b ~ 5" ~ y ~ $ ~ 4d R -- ~ ~ ~ 3 3. ~~ • ~ ~ ~ gg g~~ z Z ~ ~ ~ ~ ~ ' o~. n :~ ~~ ~~ =~ ~ °" -a ° ~ ~~ ~ ~~w ~ ~~~ h ~ W ~ ~ Q g pp ~ ~iS ~~ Y~ ~ W o ~ ~ ~ ~ ~ ~ ~ V ~~ ~ ~ $ i ~ ~~ ~ ~ ~~ yy ~i ~ ~y ~~ ~ C 4 Zg ~ ~ a E ~ ~ ~o a s i ~ ~'~ Vl~ g ' ~ y.~ ''_- I { ~I. o ` ~ ~. _ l . ~',~ Y g _ $I ~ C ~A ~ I ~ F Y " ~ l ~ ' gg g ~ ~ i l , ~ 4 - ~ g 4 ~ k ~ ~f • g g '~ `RB ~`~8S ~ 8` ~ ~ h ~ ^ ~ ~ ~ ~ S gQgQ ~ ~ 3 S ~ , ~ µ ~ y i ~ ~ ~p ~~~4'~~.E gi :~ ~~°3~~ ~g ~ ~ ~ V ~ ~ ~$ $ ~ ~~5g~~~ ~3 ~E 9$~~~ ~~E~~ ~ o $ ~ ~ 'd .. ~ W t`g k~~y~~~C4~sh~ ~~3~ g~Y S °~°S} a ~ y ~ s _ `~ ~ ~ ~~§ y y d y ~ + ~ ~~2~~g33~~~ a € ~ ~ ~~~~ ~~~ ~ ~ ~ ~~6~~~"e o ~P~a~ q ~ o f ~ 5 rv ~ ~ Gt~~ ~ ~ ~ ~g 2 ~ ~~ ~~ _ ~ g K ; ~ys ~ ~ g ~ ~b ` g p ~ ~: ? <~6 ~ ~~t $ o~~ ~Y ~ y ~ 'S ~~ m ~£~~ $€~ z s ~~g Q ~ z ~ g Z g ~~~a° aSZ~oBS ~ ~ ~~ ~ gg a U ~ g~ ~~ ~~ E~ ~~~~BF ~` ~ ~~ ~ U Y Y ~ ~ 4 F~ 6 ~ ~'3Y~~~ L'~~~~5~ ~ g 8 e~ c ~1 ..w ~tY6 y~~ ~~~~sa~~~~~ m 8 ~ ~ ~ ~~$ ~5~~-~~~~v~a I ~l 2 O 4 On J s DOSS laf~a~"[ l~l~ dy `W V S [~SS~ l S SODZILZIZ'$~ l08{3SOl~f lh ~ ~ ~ ~ ~ o ~ ~ ~ J C.~~~~~S~p¢y 4g ~~ S r y S ~ _ ~ ~ p' Q ~ ~ S ~ ~~ ~ ~~ r ~Y j g ~ _ l7 ~ V o~ $ ya ~~ G i~~~~d3~a1X ~~g a ~~~~~~ u n ~ ~ { Y,~ O ~ ~~ o a V ~ ~ ~ RCS a ~ ~ U~1 ~ ~ ~ ~ 6 ~~ ~~e~~'r~Y ~~ ~ ~ n -~ ~'~ a ~ n m 1 0/i 7/7 i GFlTIdS DOSS 3af~ase-~ io~o~ dq'y~y LZ:SS I1 SOOZ/LZlZ `~~+P'4-5-6-5-Z-l0 LB 1081L0-9Z-I l Z-Ia~~u~S~JKIMf+21g121H.LAl~~'7d12LlSf1QK1.LOd9© 1080501f '.1 //. .. W Mgr 6s1°`~-y Z W ~ ~ ~~ ~ .? 7 ~ a~yETg:'ue~ ~ ~ ~~ O ~ a 7 .., &~ ~~ i ~ ~a N m ~M~~,s~sn~~c o ~ ~ C3 2 ~ ~ ~~ O F qr ~~ g~ ~~ e F o ~ r co/YZ/zx evaas I_ b 1 ~ --1 I I P1a171i33Y18 1 _- ~ - ~~ .r r ~ do _._ia ~ o.m ~ ~ ~~~*~s~~ {~~~~~Ilww~~w i $'IMJ1bN I I f I - ~ - ~ I 1 1- .I - ... .. .. .. I i i /~liuR~~/} .(.-~ I I I u Q ~ ~~S.,j I ~ 1 ~~i .. r, _ ~ - i I ' J, ~ ^ ^ ^ ^ i - i 4 ~ 1 ^ G ^^ I m I I I I I w- I I ~J/ ry l {~~I ^^ GQ I -1' ~I I-~fll Al ,1~1 ^ ^ I I II I 1 i 1 ~ I ^^ ~ G L1 j ~~~._ I- I I ' Y C{; ~ [] ^ J ^ ^ ~ ll I I11 ^ G II~.I I' I I F 2 'F,.. ' ~`,` ^ p=,,, b fl ^ r ~ I ~_. ~ ~~ 0 vii ~ II I \y I ^ G' ~- O ~ ^ ^ I - I ~- i i I _ 1L ^ 9 I I t J ~~ dS I I I ^^ ~ p- 11 d I I G G 1(1 oG Z^^ i I ~ 1 'il U 1 ,f' i_ j j li ^ ^ ~ ~ LL ^ ^ tI i '" I ~ r I i ~ I ^ L7 n G G I 1 ~~ t I 1 f< 1 E ^^ I {~ 1 3 I ~Q ..1 .q U _ I I i ^ ^ I ~ IIQ }~ I 1 1 G^ G G I l ~ I~ -f- -e I I I - ~I 1 ~~~'[y# 1 .y I ~~ I m I ~ I 3 ~ ~'~ ~ I .A, I ~ I I I WfI. I I I ~ I ~ 1 y- I ~~ I I I I i I i - i I I - ^ ^ ^ ^ O ^ ^ ^ ^ ^ ^ ^ G G O O O ^ ^ -- t - j I I 1 I I s i I _. I - 1 I I I I I w x pl-. 91 ry0-,bL .0-.91 I t ~- i ~~ ... I I I I II rl7 Vl ~ 7 I I I i- __ i - - -I .'Fi I I r l ~ ~ I o f - __ I I __ 4 __ - __ __ I 1 1 fem. 11 I ~ ~ , N -. V~ Y Q U U U V U '^ ~ i I a .o-,o n n ~ ~ I _. j u Q - 0 U U U k W~ u u U U ~ ~- 9 u u u f i ~ ~ _~ 1 _-- - - _ _ ,p } ~ I • r + a _ L- - '---' I V U 1 I . I ----ti r--- ~ I - _ I °963 ~ 1 ..O-i5 I~ i f-~ I f I~ 1 ,I-„ l 1 I ;,Z i II i y . , .. fl , 13 lu I t _ a L't.T ~~ i i I -- I i~." ~":~ 1 p~ ---=~ ~ -- I I 9• I I I ~ ~ I I ~ ..~ ! I N ___ - r - oo I I e~- ~~; I ,i ~, .___ ____ _ ~ I ve -' - tl 1 ~ ~, I .+ U _ _ ________ ~ I .~O-~br 1 .,O-~trZ 1 n. I ! ~ I 1 1 1- 1 i I~ ~ I - y . I I I < I• I .{ I I I I i t [ I r _ a 6 ~ I I I ~ i` I - I I _ - I S I~ .. __ __ __ ~~ I.-I i - U F I-.'I ~ ...._ 1 ~ _- I _ V " ~ I • I I .i I f ~' I ' ~ ~ r I. {p - - - I ~ ~ _ _ al . ,Q r - __ _ _ _ _ _ _ __ _ _ ._ _ _ .1~~~1~ CI~1Z fTll~ I a - - ^^-- - arn~n~inw Draw ~~, •~ ` ~wrYeYYYYYY~~~f ~ ~~~~~ YYIU~ ~l~~~~~~~~~ w..!^yYY~~~~~ ~y OOSS la f~as¢~ ao~oo dq'~y ~ESS~I l 800ZlLZlZ `~^sP'4y S-b-E-Z-[OIe1081L0'9Z° f 1 Z-Sa~~~~ISDDi[M.d2I4121~1K3~;1V121,LSf1CEhf[ .LOd'3a~ LOSOoSOI~f ~o~.w ~,~~ ~ . ~~a ~ .,,, iTM. ~o ,s, b~.,~ ~ ~a~~d~m ~as,~s~ ..~, o~tr~ ~~. ,w~ ,,, V7 ~aa~~r ~ar+F U ~ Q ~ v01V 133M6 ..-. ~..... ~ivi~ivw~ curia ~a~e 2~ o ~ z a4 ~~ N: 3~r~~~j'^ggYg 94g~~gf ~B F Q C c~,y ~SC.7 ~ -a ~c.. ~ ~ s t"7 _ 4 ~ G¢~s~~a g~ ~ ~~~~~~~~~ ~ $ ~ ~ 0 ~ ~ r ~~ ~ a g g ~~ x~~*~~~Y .~ ~ a ~~ q° L O/TZ/ZT 9tl~1d5 DOSSaaf~ase~~o~o~d4`WVOti~SS~1[ 800ZILZIZ`B~+P~gMS~b-~-Z-tO[E[D81L0-9Z-[t ~-CaW~R1SFJhiIMd~Id1N~.Lf~l~~1t+12~~5 ~QI~u.LOd'~O 108aSOl~C w~~io s~]u r . is n 3.n ]iii mu 3v~ tl3~~0 a0 r:a ~anoox.i3a 'naisntm.i axv o_uaa3n ]w swan rn W ~~ ~ ~ a a d 5_5 sfp S ~ spa 8e ~x22EE~~ ~ . s z ~s 3 ~ x Wa VI c . w es€~a.~7. yY4 U7 ~ F ~ ~ ~ ~ a ti' e~.k~}aSr~~jta s w ~ U 'Q p - ~ ~ gc~c SY~~8 P~ ~~ d' Q ~-+ F ~~ 7~ga ~ U O' u e~W B~ 8`aa ~ s~ ' ~'~ " ~~ ~ v - LO/ /Zi 9tl2Sd5 U ~ `U',..aiy r ~~ .~ . ~ ~ 4 ~ / \ \_~~ ~-~ ~ ~ ° $~ .~ z -~ :' ~ ~ ~ ~.o, ~~`,~ , ~ } ,~, ;. ~ ~ ti, +~' - ~~ "_ u ~f,;' _E~r '+~ - ,(ate o aka ~~ ~, 5= ~ ~ P =' c 5 ~', %' ~' .?'v E yi t1 J ' /1 iq E 1 S F ® ~k 1• 'U' ~ i~ tip; J"` ~ - I ll ~ y~ l 9L .p'~b 4~. .4 7'~b ,2 r 5 0 .~. 7 • ~ . ~ I ~ f m ~ - - 41 Y ~ ~ ~ 1 _ ~~ 3 ~~~- ~ ~ i Q 11 R -'9 y n j 1 E E 4 L r UN~ rr Q iLU r G Z ,.ri ~ "4.o a ~ ~ 1 ~ .f g J' s f. ~ q r ~I 1 „ W~ ;~:w r. --- - -- -- -- -- l z d t E` ~1 J• '~~r E ~ ~ 1 ~ ~ I j m , ' ~~~ ~ 1 .o z _ ^ E ^^^rJO©ou^^^^^^a E~-E3' 5 c'..,~ ^^^oodnn^^a^^^^ 2 .r E E S -r ,E. w ._~! E _l ~ •,r r E E S J I _ 11 ~ }~-BA tt /'~j ~ ~4r E E E V _ ^ ^ i] E 4 1/1 nn ^^ , J=~' ~ ~@ ^ © ^ ^ j $ l ;s}~ i ^ n d p^ i ~x, ~r ~~°'s l1 E ^ ^ ^~ E IS ^ ^ ^ ^ 1 ..i r~~ f J "'z .f i ^ ^ w ^ ^ E ~a'Ea" aul t/ J rx~11 O° w u ~ ;;,v ^ ^ z ~ ~ ^ ^ i it a 5 i - I ^^ w q ^~ ^^ 1 a 1 ~~: '"tilt iI ^ ^ ~ S l7 0 ^ n ~ m f Q ~~•} + E ^ ^ ~ ~ Z ^ ^ li r i ^ ^ ~ ~ ^ ^ i 5 _ _ =~4r i ^ ^ O ^ ^ E _ ~ ~ \~~_ °°° ~ ^ ^ ° E ^n .O-~B E C7 ~ ~ ^ ~ l .O -- -- n ^ ^ ~ U 1 i i] ^ ^ ^ O t J _ J 5 p °- a i E~ , r ~ ~ n ~ r M ~u C ~ ~ ry @@ y 3 7 ~ '.7 ~ } g x JN ,,. - ~ ~ _ ~V ~l ~P i' ~ 3 V A.~.. - ~ ~ n ~^ I IIf It s W }y ~ 0 r ~~•,bC sa~eds tf_~~ ~ Y Q n ~ s..o ..w o ~ ~' ~ ~ ~~fC^ B _ E i i~ t v i ~ ~ ) ~w~rr.7rou I ~M9 tlW E ~F a ll F ~ ~ ~~ 9 ~ E ~ E v 193M8 cra.~eta~ rnsoserr ,La ,~ s ,n, s,,,~~.~.. ,~~. ~~..~ 3 na~., w~~ ~~w~„ ~, ~„~, ~~,~~ ,~, ,o ~.~ ny~ .~ ~,x~n, , ~,s ~ ~. ~~~ 3~ Sw~a ,,. ~ s~, ,.,,~, ~.,~, ,~~.,~, ~,.,, .,o A,,,.~, ~~, s ~,,.~~ , .~ [II ~ C C ~ ~ ~~ ` ¢ ~i ~Y ~~ ~ ~ '~g~d ~ F .x ~/~ ~ ¢ ~ ~ s~ ~~g~ ~ ~ ~' m ~ ~~~~~~~a°~s & ~x mi/ o ~ o ¢ u ~ ~ ~j~~ e ~ ~ ~ o H a ~ ~ ~~~-~~g~~~ ~ ~ o~ ~ Y ~G e~ggq o m ~ ¢ ~ o d s N ~ ~ W ~ Q {p ¢ y [ L O/T Z/Z T Etl~idS Z 0 a 0 ~a a„ w~ O: /• ~ (~ . i h . .,~.'I s 11 OOSS1?~f~ase-~~o~o~dy`pytl ES~SS~IS SOOZILZIZ'$MP'4-S-b-6-Z-FOlE1p81L0-~JZ-Il Z-la~~~115'JNlMd2IQIN~~H~~ ;1tlIb.LSf]Qhll.L~d'~Q 10805D1~f ~mixo ~ s~ 51~Yii~Ar n~ vxnws ]main N u~aw] wwux vu uiaxiw vl)rwlw s'iii~ fo asn avna xu rwiiMOawae 'WSW wv ai+d]sJn ]a~ s~xax iM i v M ~ BOG siw N a UNF l1J ~ ~ ~ ~ W ~ ~SF~~~~"yg4 ~k~mgY ~$ ~~ ~ ~ ti cC „~_, W '~ ~~~3 ~ 3 ~ u ~g ~ M a = o o ~ ~ ~44F~~ ~ ~~~~~a~~eP d ~ a ~ O ~ _ U O Q ~ g SS a ~ ~ ~ a J g a~,~a'~~er~~ ~ ~ ~sw ~ Q UI K <<c q€ r B 7 W ~ ir "c y2SC y;~g ~~ C ~. H_ o c DOSS]~f]ase-~~o~oaay~wy6S~SS~IESOOZ/LZlZ'a~^P'q-S'7-£-Z'[O1E1081L0-9Z-ILZ-Ia~wEA15:7i~l1mV2iuLil~dyl~l~dJ ~~v~u~~iiu ouyvn~~ ~Uan„~~;~C ~onoe a -m sa~~~~rm. n~n~. sw..ro; 3nem sa ~.3~w~ .~~~ ~~u mow. w~nnm vin so r m~~w ew xeaanuoe.~~e w ssrsuu µr avnn~n ~.. sane rn w MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: Apri18, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 SPECIAL EVENT REQUEST/HAITIAN FLAG DAY ITEM BEFORE COMMISSION City Commission is requested to endorse the Haitian Flag Day Celebration sponsored by Toussaint L' Ouverture High School on May 18, 2008 from noon until 10:00 p.m., at Old School Square, to grant a temporary use permit per LDR's Section 2.4.6.(F) for use of a part of the Old School Square surface lot, portion of NE 1St Avenue, and use of the east side of the gravel lot on NE 1st Avenue/1St Street for vendor parking. Commission is also requested to authorize staff support for security and traffic control, EMS assistance, trash removal and clean up, barricading, generator use, and event signage. The applicant is also requesting financial assistance. BACKGROUND Attached are letters, special event permit, schedule of festivities, budget and site plan received from Joseph Bernadel for this event. The event will be held on Sunday, May 18, 2008 from noon to 10:00 p.m., on the grounds at Old School Square and in a portion of the Old School Square surface lot. Activities include speakers and entertainment. Barricades would be provided by the City and set up by the event sponsor. The event sponsor does have a rental agreement with Old School Square. Estimated overtime costs for this event are $5,575 and trash boxes at $350 for a total of $5,925. Per event policies and procedures the charge to the event sponsor would be approximately $3,325. Mr. Bernadel did not indicate the amount of financial assistance he is requesting. Staff is not recommending providing financial assistance because there are no budgeted funds available and because of the precedent it would set for other events. We suggest the event sponsor reduce their costs in other areas. RECOMMENDATION Staff recommends approval of the event, providing staff assistance for security and traffic control, EMS assistance, trash removal and clean up, barricading, generator use, and event signage. Due to lack of funding and the precedent it would set, staff is not recommending financial assistance. Approval would be contingent on the sponsor providing the required Certificates of Liability Insurance and paying $3,325 of the costs in accordance with the City's policy on special events. i~ Toussaint L'Ouverture High School for Arts & Social Justice April 4th, 2008 Mr. Robert Bareinski Assistant City Manager Delray Beacb city Hall 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski, Toussaint L'Ouverture High School for Arts and Social Justice {'TLHS) is orga~aizirng an event to celebrate Haitian Flag Day in Delray Beach on Sunday the 18th of May, 2448 from 12:00 noon 10:00pm. The festival will take place on the grounds at Old School Square, 50 N Swinton Avenue, Deh~ay Beach, FL 33444. This event is to let the Haitian Cammunity of Delray Beach, Palm Beach and Broward counties celebrate the historical significance of Haiti's Liberation in 1804, and promote the cultural diversity of our community. We are writing to invite the Mayor, City Commissioners, and City Hall Staff Members to participate in this significant event. We are requesting your support and assistance with the following: • Financial Assistance to cover the cost of hosting this event. • Delray Beach Police presence for traffic and crowd control. • Parks and Recreation for clean-up operation. Several Federal, State, and Local elected officials have been invited as guest speakers and have confirmed attendance for the Haitian Flag Day Festival. We would like to have Mayor Rita Ellis as our Key Note speaker if her schedule allows. We will provide you a copy of our event budgets as required. We look forward to your favorable consideration of our request. I may be reached by phone at 561-376-7179 or 561-279-1110, or by email at toussaintiouverturemedia@yahoo.com or laurenkellerTLHS@aol.com. Sincerel oseph . Bernadel Major U5 Army {Ret.) Chief Operating Officer, TLHS. School Address: Mailing Address: TEL: (561) 279-1100 Seacrest Campus 777 E. Atlantic Ave. # FAX: {561) zss-0176 25D1 Seacrest Blvd 242 www.toussaintlouverture.org Delray Beach, FL 33444 Toussaint L'Ouverture High School ~~ ~~ for Arts & Social Justice February 15, 2008 Mr. Robert Barcinsld Assistant City Manager Delray Beach City Hall 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski, Regarding the 2nd Annual South Florida Haitian Flag Day Festival, we are hereby requesting: 1} Assigned V]P parking for 20 cars on the ground floor of the OSS Parking Garage 2} Free usage of the OSS garage for attendees 3) Reserved Vendor Parking on the eastside of the surface parking Iat (on the north side of NE I st Street opposite the OSS Parking Garage) 4) Parking area usage for a Medical Screening Bus in the parking spots on the east side of the Cornel Museum front lawn (marked in red on the Layout Plan} 5) Usage of 1/4 of the open parking area for food vendors (cross-marked area on the Layout Plan) 6) City 8c Delray Police acceptance far three {3) marching bands to walk in-turn from the rear of the Crest Theater along Swinton Avenue to the entrance of the Festival at the noon opening time. Sincerely, Joseph : B 1 Major US Army (Ret.) Chief Operating Officer, TLHS. Schooi Address: Marring Address: TEL: (561) 278-1100 Seacrest Campus 777 E. Atlantic Ave. # FAX: {561) 266-0176 2501 Seacrest Blvd 242 www.taussaintlouverture.org ©elray Beach, FL 33444 r i o s~ o w City of Delray Beach °~'Y g~'~" Special Event Permit Application ~ PLEASE TYPE 4R PRINT t 993 2001 Event Name/Title: Event Date{s): Times: X02 004[ ~- ~(~: DO~Y+~• Event SponsorlProducer: ~~~ ~~~~~ ~~' ,~~ ~ ~~ ~-~~ Event Contact/Coordinator: Name: Telephone Num E-mail Address: Brief History of Event (If applicable): N Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs}: C S ~' S v ~ Number of Individuals Served Previous Year {if applicable}: ~,0~0 Describe the targeted population and expected attendance: ~ ~rs 0~ M... n.,n ~-J. Fev, . er~i 7-r A r/~r AI..~ 4]~-r r~ ..rr /~?~aA ~IIL /'dn, 3ZDCd r1 - 1 L'A RQh, ~e 1 Describe how the program or project addresses community needs: cfoMMw~jn+ u,~l . Describe your Marketing/Promotions Pro am (How will you marked romote, i.e: TV, radio, posters, flyers, web sites, other}: ~, ~~~, 1V~'W.1', ~iy7~2NET, Sponsor Category (please check) City I~Ton-Profit/Charitable,~f Private Co-Sponsor -Non-Profit/Private a (IflVon proft attach proof o SOIc(3) c(4), c(G), C(10), or c(19) or (d) Event Location (Describe area 'es of eventllocatio ) y~Tprr.Ed f~W 7a ~Il,GOw Site plan attached: ~+e no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade iocatio if applicable.) Rental of Old School Square: ye no (If yes, attach proof of approval) Private Property Use: yes no / (If yes, attach letter giving authorization from property owner) Event budget attached: yes ~ no (Required for all events) Previous year RevenuelExpense summary attached: yes / (Required for all events) , / Do you have cash sponsors for the event: y t/ no~ (Indicated on budget) - / V Do you have mkmd sponsors for the event: ~ na~ (Indicated on budget} no U:lwwdatalCreative City Coliabrative CornmitteelSpecial Event Permit Application Final 9.6,07.doc Serving or selling alcoholic beverages: yes C~3+' (If yes, copy of license and alcohol liability insurance required two {2) weeks prior to event) Event certificate of insurance attached: ye no (Required two (2) weeks prior to event namtng the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) ye lJ no Will there be entertainment: ye v no (If yes, attached list of Performers an or DJ''s) If yes, sponsor agrees all entertainment will be f ' y oriented and contain na obscenities: a no Requesting Police assistance: ~ / no (traffic controllsecurity} Will supplement with private security: y~ (If yes, need plan attached) Requestua.g Emergency Medical assistance: ye Requesting barricade assistance: e (If no, how are you handling?) Requesting trash removallclean up assistance: (Will be billed to sponsor} Requesting trash boxes/containers and liners: Requesting stage use: (If yes, check type) Large stage (14' z 36') no no no ~ ~ -fie. ~°',~, . yes yes v yes no no nb ^ Small stage {16' x ~ 1'} ^ Half small stage (S' x 21') ^ Requesting signage: es ~ no Type: 4'x4'Event sign Parking Sites Banner hangin Indicate dates required _ (Waiver required if more than one (Y) week prier to/event) ~~G ~~ ~. ~Y~ Requesting City Portable Generator: ~_ V no {If yes, size & power} ~/ ' / d bevera a vendors: es `~ no Food an g If yes, approximate number (Health Department approval required) yes_ n U:lwwdatalCreative City Collabrative CommitteelSpecial Event Pemlis Application Fina19.6.07.doc Other vendors: (Indicate type} Tents: yes no If yes, How many What sue or size required (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: ~ no (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) ~ .BOIJ/til~ ~(,(,~'~ - r OF C.0~ /1?(,(!~fil~'1- J~`~`!'~Ill) Will the event. be gated: yes v no (Show onsite map) ~ ~aT Will there be a charge for the event: yes ~ no (If yes, indicate ticket prices) /}~~j ~3~ , j~~'rl yr~T1~ yhj ,~ G1iYG~V S'- F~r~r Will there be fireworks or other pyrotechnics: yes n (If yes, contact Fare Marshal to obtain and corr~plete 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 restroorn needs) ~rc,rrs mom oSS ~ A~ NGr ~ Is reserved pazking requested: e ~ no (If yes, indicate locations and purpose for e ~P /rt1C~ ~ Gfl~Sn' a~ Loc~&2 ~ ~ Event Permit ~ (,~, I2evenue/Expense Budget RevenuelExpense Recap Last Yeazs Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Nori-Profit Status General Liability insurance Certificate Submittal Date Requirements: Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property / Owner ~/ Hold Harmless Agreement • Minor Event .45 days prior to event • Intermediate Event 90 days prior to event • Maj or Event 120 days prior to event • Neighborhood Block Party 30 days prior to event U:lwwdatalspecial Event RequestlSpecial Event Permit Application FIldAL 9.b.07.doc Q Loa ~ Contr or ordina e Pleas :print: R c~ ~z ~f~lf~ ~r ~ ~ ~' PleasE enclose the appropria#e nan-refu~dahle a~plicatian fee payable to the City of Delra. ~ Beach', 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. For S`aff Use Only Date I:eceived ~1~g ~ Application fee received ~ ~• LT:Ivv~ :atalCrcative City Collabra#ive CommitteelSpeciaF Event Permit Application Fina19.6.07.doc Event schedule (approx.) 12:00 -Marching bands opening music 12:10 -invocation, USA ~ Haitian National Anthems 12:30 -Speaker -Delray Beach Mayor'?? 12:45 -Poetry recitation -guest poets 01:15 - #1 band music 01:45 -guest speaker 02:00 - #~ band music D2:30 - #1 dance exhibition 02:45 - #2 band music 03:15 -guest speaker 03:25 - #2 dance exhibition 03:50 - #2 band music 04:20 -Haitian March Routine: Preparation for War 04:30 -Jean Lexima -The Importance of Institution Building 04:40 - Dr. Ferere -The Role of Toussaint L'Ouverture in the American Revolution 04:50 - #3 dance exhibition 05:15 -Major Bemadel: History of Haitian Flag 05:25 - Dr. Allerdyce: Educational legacy of Toussaint L'Ouverture 05:35 -guest speaker 05:50 - #3 band music Ofi:20 -Award presentation 06:30 -guest speaker FL Rep. Maria Sachs 06:4D - #3 band music 07:00 - 50150 raffle winner and award 07:15 -Poetry recitation -guest poets 07:45 -TLHS Drums Corp. performance 08:00 - #4 band music 08:9 5 -guest speaker 08:30 -TLHS dance presentation 08:50 - #4 band music & dance competition 09:30 -Dance award D9:45 -Major Bemadel: "thanks for attending" 09:50 - #4 closing band music r W D m _z J a C O v ~ ~ R ~ 0 ~ ~ m ~ ~ = O ~ N T~ i o 0 a o o o o o o o o o o a 0 o `~ 0 o 0 o 0 o g a o p N c N o y~ ~D u; O o m ui 4~] o COO $ N ~ 1~ $ 1L3 $ h o pp 0~ $ 7~ ° p 47 o ° O C N W [+7 N l7 N ~ W 3 a O °' E ~ m 0 } a ~ ~ $ W ~i W w o c`~ ~ °~ ~ ~ ~, m ~ c 8 D 8 ~ ~ m m -_ ~ U g~ a C ~ ~ N ° W ~ ~ ' L ~ CC y O r n n . a i° w F- w 0 ~ m ~ e W 8 3 a ~ ~ ~n ~ ~ = ~ ~ m ' ~ ~ W U Q m' z i ~ l ~ y ~ R i QC c ~ t +~ C E °o ° uQi N °° O u~ N °o 1~ N °o ° u~i °o i°O g N $$p {h ao ~ ~~ ~ ~ ~ ~ @ ~ di t L J H rN/~ m t ~ ~ ~ C } ~ E 3 l f H , ~ ~ y ~ ~ Y v ~ ~ e S f~ ~ ~ ~ LL O i '. i i ~E /~ N C N 7.i. X W ~m W U C y^ Vf C •~ 2 pp Q O O O O Q O M ~ O Q O C0 +'^ 0 ~••' O1 pp 0 O 0 O 0 ~ O Lp ~ r e aa ('~ c~ G QO ~t C N r Oi (O N O 47 r ~ i~ N ~ r r O N r ~~pp 0 N 0 0 *- 0 ~ ~ W C e a O a ~ ~ ~ ~ ,~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ °° U a a ~ ~ ~ ~ ^ ~ ~ C p o ~, ~ ~ w ~ ~ O W ~ M (n c = ~, ~ O ro O O = O ..+ ~ m m C 0 ~ 0 fA m C O m C C Q" C ~ W C •- lL ~ C C ~ pp7~ U f4 C m m ~. w d1 0 O ~ 01 C ~ O dp ~ ~ ~ ~ u n6 '6 ~ O m ~ ~ m j M p - d r'r3 p ~ ~ m m ~ ~ S ~ U +~ ,C ~ ° O E c ~ "qq'}~ m ~ ~ ~ . ~ g ~ s ~ p 0 7 L U ._ Al m 0 q ~ m a ~ ~ M ~ C W ~ ~ yp C L _ C m m a ° ~ m z -~ m ~ ~ ~' ~ ~ ' •- ~ U ~ m L m ~ - -- ~ r ~ ~ ~ m r> m ¢ m ~ u ~ ~ ~ o ~ a ~ ° c ~ ~ $ W ~ r ~ ~ ~ ~ ~ ~ Q U [3 W LL 1L ~ Z U3 F -i C 7 O a $ !~ h r ~ v o O O N ~, o c,7 gq O N ~ o o O Q w ~ o o O ~ ~ o o O 0 N ~ o o Cf 0 O r+ ~ o o O 0 N «~ o o C~ vv N ~ ~n w < N W ~ o o O O r ~ a a O Et7 N ~ Q 0 M «, o o O 0 d ~ o 0 Q cc..aa K7 ~ o 0 O pp 0l ~ o 0 O O LL~ ~ o o O O N ~ a o O O O T ,~ o o I~ tg +! ~ o o G r .~ o o O N ~n cA CD e = co e co r ~- r w Z r~ ao o N cn o rn ~ = = gk a N ~ N r G~ QQ O COO ~ ~ N a nivi O " ~ v ,°$ a`~n u~i o 7 ~ a ¢ a Y U M N N m t ? u7 (~ u~ < r N r N U r U (~ U V c Q U - ~ ~ a ~ ~ c ~ m ~ Z ao ~ c _ " o m ~ o o ~+ m o m ~ -~ :~ Q ~ a is ~ ~ * ~ m ~ = ~ v ~ ~ C O ~ m C ~ ~ - m ao ~ 08 .p ~ i m m l q~ ~ T a ~ C .•~ ~ m 3 G O O L O O Q ~ ~ m U LL ." m ~ W c D ~ = ~ '_' p U O p m U ~ ~ ® j m ~ ~ a ~ ~ ~ O c~ ~ ~ ~ ~ C 3 ~ ~ m ~ O ~ ~ m ~ ~ ~ = ~ Y C 7 ~ T2 m m ~ H ~ i0 a, t4 ~ ~ p o ~ ~ d c m -- w ~ c ~ ~ m ~ ~ ~ -~ c c~ cn ~_ ~ ~ m `m in 1° ~ ~ L ~ • C _ p ~n a1J Q O ~ C U O [] g W ~ W ~ ~ O ti ~ ~ P ~ ~ ~ oo O -~ ~ ~ ~ ~ ~ a ~ u~ ~ ~ O ~ ~ t- C ~ a MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: Apri19, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 APPOINTMENT OF OUTSIDE COUNSEL/REVIEW ORDINANCE REGARDING TRANSIENT RENTALS ITEM BEFORE COMMISSION Approval of the appointment of the firm of Weiss, Serota, Helfman, Pastoriza, Cole and Boniske, P.L. to assist in review of ordinance regarding transient rentals. BACKGROUND Our office has been working on an ordinance draft dealing with transient rentals. Our office recommends that we retain and consult with the above firm on the ordinance. The anticipated expenditure will be a flat $3,500 dollars for review and recommendations. If additional work is required, the firm charges an hourly rate of $225.00. FUNDING SOURCE 001-1611-514-31.10 RECOMMENDATION The City Attorney recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: Apri18, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 ORDINANCE N0.22-08 -SECOND READING ITEM BEFORE COMMISSION This ordinance is before Commission for 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). BACKGROUND At the first reading on April 1, 2008, the Commission passed Ordinance No. 22-08. RECOMMENDATION Recommend approval of Ordinance No. 22-08 on second and final reading. ORDINANCE NO. 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 AUTOMOTNE COMMERCIAL (AC) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY (U. 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 April 2007, 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(4)(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 finds 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, be 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 57 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 Palm 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-Raton 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-Raton 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 abandoned right-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 of Section 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 whole or part thereof other than the 2 ORD NO. 22-08 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 City Clerk First Readi Second Reading MAYOR ORD NO. 22-08 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 April 4, 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. 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 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: Apri18, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF APRIL 15, 2008 ORDINANCE N0.20-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) pertaining to Assisted Living Facilities, Continuing Care Facilities and Nursing Homes. BACKGROUND At the first reading on April 1, 2008, the Commission passed Ordinance No. 20-08. RECOMMENDATION Recommend approval of Ordinance No. 20-08 on second and final reading. 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 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~~ec-~ee~efrt}e~~xe~. 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 day of 2008. ATTEST: VICE MAYOR City Clerk First Reading Second Reading 21 ORD. N0.20-08 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 Living Facility, replaces it with the term Assisted Living Facility, 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 Care 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 Living Facility and Nursing Home are included in the ordinance, and the existing definition for Continuing Care Facility is updated. The terms Adult Congregate Living Facility 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 fmdings 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