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ORDINANCE NO. 09-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) amending Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", enacting a new Subsection 4.5.1(N~, "Criteria for Change of Historic Designation and/or Classification", and a new Subsection 4.5.1(O~, "Procedures for Change of Historic Designation and/or Classification", in order to provide criteria and a method for a change of historic designation and/or classification. ORDINANCE NO. 30-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) Section 2.2.6, "The Historic Preservation Board", Subsection (D~, "Duties, Powers, and Responsibilities", to provide consistency with the requirements listed in other sections in the Land Development Regulations, Amending Section 4.5.1, "Historic Preservation Sites and Districts" Subsection (D~, "Review and Approval Procedures", (E), "Development Standards", (F), "Restrictions on Demolitions", (H~ "Undue Economic Hardship" and ~), "Historic Preservation Board to Act on Site Plans, Landscape Plans, and Architectural Elevations", to require that relocation of a structure not occur until a building~ermit has been issued for the associated Redevelopment Plans. K. ORDINANCE NO. 35-08 (SECOND READING/SECOND PUBLIC HEARING):City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.19(D~ "Preservation and Promotion of Existing Plant Communities"; amending Section 4.6.190, "Tree Removal and Land Clearing Permits", amending Appendix "A", "Definitions", to clarify the regulations governing the "Tree Trust Fund". L. ORDINANCE NO. 38-08 (SECOND READING/SECOND PUBLIC HEARING):City initiated amendments to the Land Development Regulations (LDR) for Section 2.4.3, "Submission Requirements", Subsection (K) "Fees" to provide fees for extension requests, Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsections (D~, "Establishment of Project Approvals"~E), "Expiration of Approvals", and ~), "Extensions", to provide for the expiration and extension of time for Class I-V Site Plan Modifications and Certificates of Appropriateness. (THE CAPTION FOR THIS ORDINANCE WAS CHANGED AFTER FIRST READING TO ADD A REFERENCE TO "EXPIRATION AND EXTENSION OF TIME FOR CLASS I - V SITE PLANS. ") 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 SEPTEMBER 3, 2008 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 3, 2008. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie B. McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy McCarthy with the Delray Beach Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated there is a revised cover memo for Item 9.E., Grants Funding for Non-Profit Agencies and there is a revised Contract for Sale and Purchase for Item 10.D., Resolution No. 32-08/Contract for Sale and Purchase of Property/Community Redevelopment A~ency. The City Attorney requested that Item 8.0., Interlocal Agreement/Palm Beach County/Delray Beach Housing Authority for Carver Estates/Auburn Avenue of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mayor Ellis requested that Item 8.K, Agreement/Pompey Park Booster Club, Inc./Authorization to apply for 501(c)(3) Status, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mr. McDuffie requested that Item 8.Y.1. Bid Award to Oceanside Beach Service, Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. 09/03/08 Mr. Bernard requested that Item 8.Y.2., Purchase Award to Ten-8 Fire Equipment, Inc. be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A.A.A.A. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of August 19, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Workshop Meeting of August 26, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Bernard -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. Hand's Office Supply 75th Anniversary Mayor Ellis read and presented a proclamation hereby proclaiming September 16, 2008 as Hand's Office Supply 75th Anniversary in the City of Delray Beach. The Cook Family came forward to accept the proclamation and gave a few brief comments. 6.B. Spady Living Heritage Day -September 6, 2008 Mayor Ellis read and presented a proclamation hereby proclaiming September 6, 2008 as Spady Living Heritage Day. Ms. Daisy Fulton and Ms. Vera Farrington came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/1140 BAUHINIA ROAD: Approve a request to defer the installation of a sidewalk along Bauhinia Road and Seagate Drive for property located at 1140 Bauhinia Road. -2- 09/03/08 8.B. RESOLUTION NO. 36-08/ABANDONMENT OF A WATER EASEMENT/UNITED STOR-ALL CENTER (FKA DELRAY BEACH EXTRA CLOSET): Approve Resolution No. 36-08 vacating and abandoning a 12-foot water easement within United Stor-All Center (fka Delray Beach Extra Closet) located at 14216 Military Trail. office.) The caption of Resolution No. 36-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED EAST OF MILITARY TRAIL, APPROXIMATELY 2,750 FEET NORTH OF WEST ATLANTIC AVENUE WITHIN THE DELRAY EXTRA CLOSET PROPERTY AT 14216 MILITARY TRAIL AND AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 36-08 is on file in the City Clerk's 8.C. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/WEST CONSTRUCTION, INC.: Approve Contract Closeout (Change Order No. 2/Final) in the amount of $1,870.24 decrease and final payment in the amount of $32,078.68 to West Construction, Inc. for completion of the S.W. 2"d Avenue Streetscape/Infrastructure Improvements Project. Funding is available from 334-3162-541-65.87 (General Construction Fund/Capital Outlay/S.W. 2"d Ave - S.W. 1st St to W Atlantic) and 448- 5461-538-65.87 (Storm Water Utility Fund/Other Improvements/S.W. 2"d Ave - S.W. 1st St to W. Atlantic). 8.D. FINAL SUBDIVISION PLAT APPROVAL/PARADISE BANK: Approve a final subdivision plat for Paradise Bank, located on the northeast corner of North Federal Highway and South Lake Avenue. 8.E. CLEARBROOK PARK HOMEOWNERS ASSOCIATION/TRAFFIC ENFORCEMENT AGREEMENT: Approve a traffic enforcement agreement between the City and the Clearbrook Park Homeowners Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. 8.F. PROJECT AGREEMENT AMENDMENT/FLORIDA INLAND NAVIGATIONAL DISTRICT (ELN.D.)/MANGROVE PARK (AKA DELRAY INTRACOASTAL PARK): Approve a Project Agreement Amendment between the City and Florida Inland Navigational District (F.LN.D.) to extend the completion time for a one (1) year period ending September 1, 2009 for Mangrove Park (aka Delray Intracoastal Park) (MSA 650) Project #PB-DB-06-117. -3- 09/03/08 8.G. HISTORIC PRESERVATION GRANT AWARD AGREEMENT/HISTORIC MARKERS: Approve and authorize the Mayor to execute the Historic Preservation Grant in Aid agreement for the purchase of five (5) State Historical Markers to be located within the City's five (5) designated historic districts. 8.H. SERVICE AUTHORIZATION 4.0/COASTAL PLANNING AND ENGINEERING, INC./THREE YEAR POST CONSTRUCTION MONITORING OF THE BEACH NOURISHMENT PROJECT: Approve Service Authorization 4.0 for Coastal Planning and Engineering, Inc. for the Three Year Post Construction Monitoring of the beach nourishment project. 8_I. RESOLUTION NO. 37-08: Approve and adopt Resolution No. 37-08 providing support for the City's beach renourishment project and a funding commitment to provide for the local match through an Interlocal Agreement with Palm Beach County. The caption of Resolution No. 37-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA PROVIDING IT'S SUPPORT FOR THE CITY OF DELRAY BEACH RENOURISHMENT PROJECT AND IT'S ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH. (The official copy of Resolution No. 37-08 is on file in the City Clerk's 8_J. INTERNSHIPS/ASSIST IN POPULATING INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES (ICLEI) DATABASE: Approve a request to secure one (1) or two (2) interns to assist in populating the International Council for Local Environment Initiatives (ICLEI) database which will be used as the City's baseline when forecasting projected greenhouse gas emission reduction. There is no cost to the city to secure the intern(s) since they will be receiving college credit. 8.K. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.L. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING PREVENTION COALITION (DPC): Approve an Interlocal Agreement with Palm Beach County for reimbursement of swimming lessons not to exceed $50.00 per class for the Learn to Swim Program at Pompey Park and the Delray Swim & Tennis Center through the Drowning Prevention Coalition of Palm Beach County. -4- 09/03/08 8.M. PARHING LICENSE AGREEMENT/THE BLUE FISH: Approve a parking license agreement with The Blue Fish which amends the language in Paragraph 16, "Assignment", to provide that the agreement may be assigned with the express written consent of the City Manager or his/her designee; and also combines the agreement entered into on April 1, 2008. 8.N. AMENDMENT NO. 1 TO RENEWAL LEASE AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY/CASON COTTAGE PROPERTY: Approve Amendment No. 1 to the Renewal Lease Agreement dated October 19, 2007 between the City and the Delray Beach Historical Society for the Cason Cottage Property which provides that seventeen (17) parking spaces, including three (3) handicapped spaces, shall be provided for public parking purposes. 8.0. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.P. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/PLANNING AND OTHER SERVICES: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in an amount up to $110,000.00 per year for planning and other services related to the formation and implementation of neighborhood plans, mapping and graphic services, computer network services and shared use of a Parking Management Specialist. 8~. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/PLAN REVIEWER IL• Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in an amount up to $72,600.00 per year for a Plan Reviewer H position in the Community Improvement Department for the prioritization of CRA projects for plan review and permit approval. 8.R. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/NEIGHBORHOOD PLANNER: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding up to $34,410.00 per year for a Neighborhood Planner position to be assigned to the Neighborhood Resource Center to serve as a liaison between the CRA and the Community Land Trust (CLT) outreach services. The CRA shall contribute 50% of the cost of this position. 8_S. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/IN-HOUSE PROJECT MANAGEMENT SERVICES: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $87,900.00 for funding of the in-house Project Management Services position in the Environmental Services Department/Engineering Division. The Project Manager position manages certain projects located in the Community Redevelopment Agency (CRA) district. -5- 09/03/08 8.T. SERVICE AUTHORIZATION NO. 07-07/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 07-07 in the amount of $81,959.00 to Mathews Consulting, Inc. for the design of 14th Avenue Roadway, Alleys, and Drainage Improvements. Funding is available from 334-3162-541-68.05 (General Construction Fund/Other Improvements/S.W. 14th Alley Improvements). 8.U. FIRST AMENDMENT TO AGREEMENT/PALM BEACH COUNTY/DELRAY ROCKS FOOTBALL AND CHEERLEADING ORGANIZATION TRIP: Approve the First Amendment to Palm Beach County Recreation Assistance Program Funding Agreement between the City and Palm Beach County in an amount not to exceed $3,000.00 to assist with the cost of the Delray Rocks Youth Organization football and cheerleading trip. 8.V. PROPOSED SEVERANCE PACKAGE: Approve the proposed severance package as discussed at the August 26, 2008 Workshop Meeting. 8.W. AGREEMENT/ANNE M. GANNON, TAX COLLECTOR FOR PALM BEACH COUNTY: Approve an agreement between the City and Anne M. Gannon as Tax Collector for Palm Beach County to provide billing and collection services on the tax bills for our storm water utility for a one percent (1%) fee. 8.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 18, 2008 through August 29, 2008. 8.Y. AWARD OF BIDS AND CONTRACTS: 8.Y.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.Y.2. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A. Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DELRAY BEACH HOUSING AUTHORITY FOR CARVER ESTATES/AUBURN AVENUE: Approve an Interlocal Agreement between Palm Beach County, the City and Delray Beach Housing Authority (DBHA) for a County grant of $1,000,000.00 for infrastructure within the City's right-of--way and subsequent City maintenance. -6- 09/03/08 from the dais. Commissioner Bernard declared a conflict of interest and stepped down The City Attorney stated this is a grant agreement through Palm Beach County for the Delray Beach Housing Authority (DBHA) for $1,000,000.00 for infrastructure improvements that the Delray Beach Housing Authority is responsible for and it is a reimbursable grant. The City's participation is to maintain the improvements once they are complete. Mr. Eliopoulos commented about the time frame that talks about how this should be completed no later than September 1, 2011. He expressed concern that if in fact that is not happening and depending on how far down the road the work that is being implemented does the Delray Beach Housing Authority still has recourses to work with the County and reassure that they will get that money. In response, Mrs. Ellingsworth stated she tried to contact Palm Beach County this afternoon and did not receive a response. Mrs. Ellingsworth stated they have been very supportive of this project and in fact the original agreement called for us to have it done within a year. She contacted them at that time and asked for this date that is now in the agreement and is certain that they would work with the Delray Beach Housing if they were not far enough to complete it by that date and feels comfortable that they would give them an extension if they needed it at that time. NIr. Eliopoulos stated he would like Mrs. Ellingsworth to keep pursuing this because things change with this environment with regards to the financial status and the Commissions change. Mayor Ellis stated she concurs with Mr. Eliopoulos and would like to make sure that it is clarified for future Commissions to know. Mr. Fetzer moved to approve the Interlocal Agreement/Palm Beach County/Delray Beach Housing Authority for Carver Estates/Auburn Avenue, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; NIr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A. AGREEMENT/POMPEY PARK BOOSTER CLUB, INC./AUTHORIZATION TO APPLY FOR 501(c)(3) STATUS: Approve and authorize an agreement with Pompey Park Booster Club, Inc. providing that the City will have the right to audit the Booster Club at any time and the Booster Club shall be required to provide a monthly report to the City showing all monies collected; and authorize the City to apply for 501(c)(3) status on behalf of the Booster Club. Terrill Pyburn, Assistant City Attorney, stated this is an agreement about the responsibilities of the City versus the Pompey Park Booster Club, Inc. and the City would provide all equipment and uniforms, select all volunteer coaches and assistants, schedule all games, assist with scholarships for need based students, advertise for teen membership, background checks for all of the coaches, payment of league fees and liability insurance as necessary as well as transportation to and from the games. Ms. Pyburn stated historically over the last couple of years the City has been providing -7- 09/03/08 equipment uniforms to the different programs at Pompey Park already and this would solidify the responsibilities of the City versus the responsibilities of the booster club. She stated there is a new booster club that has been established to expand the club to cover all of the different Pompey Park programs. Ms. Pyburn reiterated that this agreement solidifies the City's responsibilities versus the Booster Club's responsibilities with regard to how all the different programs would work and the City would be able to audit the Booster Club and the Booster Club would have to provide a monthly report to the City on all funds raised and provides standard contract provisions as far as non-discrimination. Ms. Pyburn stated staff is requesting permission for 501(C)(3) status with the IRS (Internal Revenue Service) for the new Booster Club in the sense that this Booster Club has been expanded previously. This Booster Club used to cover only the Delray Rocks and the Cheerleaders but it now covers all of the programs at Pompey Park. David Ricks, Recreation Supervisor IV/Parks & Recreation, stated this is not only for the Delray Rocks but they are adding the track and field team, travel basketball team for the Delray Divas, a dance team, and flag football program. Mr. Ricks stated this will allow for those teams to have additional activities (i.e. if the basketball team wants to travel to Orlando) the booster club will provide the funding necessary to do the travel which the budget does not cover for those teams. Mr. Eliopoulos stated he was not sure with the Booster Clubs and the City's involvement with other organizations out there what the practice has been in the past. Mr. Ricks stated the Parks and Recreation Department is just expanding what they have done with the Delray Rocks because traditionally the Rocks have traveled to Daytona the program to allow other programs the same opportunity to do activities outside of what the budget would allow. The City Manager stated the City of Delray Beach has had a Booster Club for many years and noted that this is the only Booster Club the City has. Ms. Pyburn stated the City is providing the uniforms to the teams that are actually run under the programs at Pompey Park versus other teams that may exist in Delray Beach use Delray Beach fields but they are not actually organized by the City. At this point, Commissioner Bernard returned to the dais. Mr. McDuffie moved to approve the agreement with Pompey Park Booster Club, Inc. to apply for 501(c)(3) status, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. BID AWARD AND CONTRACTS: Bid award to Oceanside Beach Service, Inc. for the rental of Beach Cabanas and Beach Equipment at the City of Delray Municipal Beach. The contractor shall pay the City a flat rate of $12,345.67 per month -8- 09/03/08 plus sales tax. Linda Karch, Director of Parks and Recreation, stated this item is approve the bid award to Oceanside Beach Service, Inc. for the rental of Beach Cabanas and Beach Equipment at the City of Delray Municipal Beach. The contractor shall pay the City of Delray Beach a flat rate of $12,345.67 per month plus sales tax. Ms. Karch stated staff received four bids and this award is being awarded to the Oceanside Beach Service (high bidder) which has been doing the City's beach cabanas and equipment for the past six years. During that time their service has been satisfactory and the recommendation is to award this bid to Oceanside Beach Services, Inc. Mr. McDuffie stated there has been a tremendous amount of communication on this particular item and he would like to make certain that we brought the process out into the open so that the parties could understand what went on. He asked what the minimum term and maximum term of this contract will be. Tim Simmons, Parks Maintenance Superintendent, stated this would be a three year contract. The City Attorney stated the contract is a standard form agreement that has not been modified to include the contract terms specifically. She referred to a paragraph and stated it reads as follows: "the term of this contract shall commence on the date indicated on the notice to proceed." The City Attorney stated usually staff adds a termination date; however, it is not listed. The City Attorney stated it looks like a three year contract with 2-3 year renewal periods that is renewable if approved by the City Manager. The City Attorney stated the contract term is on page 16 and stated "the contract term shall be for a period of three years beginning October 1, 2008 expiring on September 30, 2011. A renewal period if approved shall be for an additional three years. Mayor Ellis suggested that this be tabled and take another shot at cleaning this up so we will know that each of these companies that did bid on it were all bidding on the same terms with the renewal provisions being the same. The City Attorney stated this may require the City to go out to bid again. Mr. McDuffie asked that staff expand on the following comment: "I recommend that we stay with the current vendor, Oceanside Beach Service, Inc., as stricter enforcement of the conditions of the contract must be enforced by City staff" In response, Mr. Simmons stated there were some concerns and/or complaints that the Ocean Rescue staff had in regards to the services on the beach. He stated since there was nothing tracked for the last four years he did not feel it was appropriate to bring up. Mr. McDuffie stated he received accolades from both sides of the fence and heard good things about Oceanside Beach Service, Inc. and Boucher Brothers Delray Beach, L.L.C. Mr. Eliopoulos stated one of the groups was offering to work with the surrounding hotels for guests, etc. and he assumes that this was not part of the bid package and was an offer that they brought to the table. He stated this is something the -9- 09/03/08 City may want to look at especially since Delray Beach is a beach resort town and it would be a nice benefit to have. Tim Simmons, Parks Maintenance Superintendent, stated Boucher Brothers Delray Beach, L.L.C. in Miami and other areas work with a separate contract with the hotels and the amenities. Mr. Bernard stated if the City is going to send out another bid package he would like us to address it in the bid package also. He stated another issue he would like addressed in the bid package is whether to stay with a minimum flat fee or go with a flat fee plus a percentage and this way if people are going to bid the Commission can compare apples to apples and oranges to oranges. Mr. Eliopoulos asked how were the past contracts written and was it just a flat rate or a percentage added onto it. In response, the City Manager stated it was a flat rate. Mr. Fetzer stated he would like to see more in the bid process that would evaluate the level of service they we are getting because he feels this is important. Secondly, he stated the high bid was about three times what we have been receiving over the past several years. Mr. Fetzer stated he is not sure what has changed that drastically if we just did not have a good deal prior to this and what this contract is really worth. He would like to see more analysis and do what other municipal beaches are paying for this type of service and receiving for it as a benefit to the city. Mr. Fetzer stated he is glad to see the increased revenue to the City but he feels we need to know what we are getting compared to other municipal beaches. The City Attorney suggested that the Commission reject these bids and go out again because there are different levels of things that would need to be in a new bid package. Mr. Bernard moved to reject the bid award to Oceanside Beach Service for the rental of the beach cabanas and beach equipment at the City of Delray Beach and go out and re-bid again, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A.A. BID AWARD AND CONTRACTS: Purchase award to Ten-8 Fire Equipment, Inc. in the amount of $389,944.50 for the purchase of one (1) 2009 Pierce 100' Platform on Velocity Chassis through St. John's County RFP #07-53. Funding is available from 501-3312-591-64.25 (Garage Fund/Machinery Equipment/Heavy Equipment). Chief David James stated this particular unit has been out of service 526 days since it was purchased October 2004. He stated it is the only spare of its type in our fleet and is designed for use of major fires for the delivery of large volumes of water from an elevated stream. If this unit continues to remain out of service, it could affect the insurance service organization rating which could ultimately result in an increase in the -10- 09/03/08 City's insurance rates. At this point, Chief Richard Ackerman came forward to further explain the purchase of the apparatus. He stated Pierce Manufacturing Company bought out another company and the technology was good but in practical use there are so many components and sensors on this truck that it is just not repairable. Chief Ackerman stated the Town of Clearwater purchased two of these units (2001 and 2003) and they got rid of theirs a couple of years ago because of multiple problems with the truck, etc. He stated the City of Delray Beach held onto their truck hoping that they would get all the bugs worked out and brought a factory expert to work on the truck Chief Ackerman stated the truck worked for a couple of weeks and then staff continued to have failures. He stated the City's garage finally gave up and sent it back to Ten-8 Fire Equipment, Inc. who does the maintenance. Chief Ackerman stated part of the problem was that they would get the ladder up in the air and it would fail to rotate every time. He stated the crews did not feel comfortable with it anymore. Chief Ackerman stated the price of a new truck the way the Fire-Rescue Department would like for it to fit our needs is $914,145.00. He stated Pierce Manufacturing Company is offering half of what the City paid for the truck ($375,577.00). Also, a discount is being offered for the maintenance costs ($207,777.00) in the amount of $103,888.50 (half of the total cost incurred). The purchase price is in accordance with St. John's County RFP #07-53. We are responsible for the net remaining balance in the amount of $389,944.50. Mayor Ellis asked how confident Chief Ackerman is that they have these bugs worked out. In response, Chief Ackerman stated they would not be buying the same truck The truck they have has an articulating boom on it and the new truck will not have the articulating boom on it. Chief Ackerman stated the truck they are getting rid of has a multiplex system where one wire is operating seven different functions and the new truck will have one wire that operates one function. He stated that Pierce Manufacturing Company is not marketing this truck anymore until they can perfect all the issues that they are having with it. Mr. Eliopoulos stated he is assuming we need this but commented that we have been living without it. Chief Ackerman explained that it is affecting their operations and stated the Fire-Rescue Department does not have a spare aerial apparatus at the moment. He stated there are currently 200 footers in service and it is just a straight stick and is just a ladder. Chief Ackerman stated to do any extended operations is tough but with the platform they can put several people on the platform and perform rescues at high elevations. He stated any time they have to down a truck they are down to one aerial apparatus and they are holding off on some of the maintenance on those because usually when they take one of these out of service they are usually out for one week. Chief Ackerman stated that puts the Fire-Rescue Department to one or two ladder trucks and only one of the larger trucks in the City. Chief Ackerman stated although the truck they are buying is a platform truck but it does not have the same electrical components or the multiplex system in it. -11- 09/03/08 The City Manager stated it is funded out of the vehicle replacement account so it has no direct impact on this year's operating budget. Mr. Fetzer moved to approve the Purchase Award to Ten-8 Fire Equipment, Inc., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:55 p.m. the Commission moved to Item 9.A. of the Regular Agenda. 9.A. CONDITIONAL USE REQUEST/XF MARTIAL ARTS: Consider a conditional use request to allow the establishment of an instructional martial arts facility within a 2,565 square foot tenant bay for XF Martial Arts, located at 2875 South Congress Avenue in the Delray Corporate Center. (Quasi-Judicial Hearing) Mayor Ellis read the City of Delray Beach procedures for aQuasi-Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling Director of Planning and Zoning, stated this request is to establish a martial arts facility within the MROC (Mixed Residential, Office and Commercial) District located at 2875 South Congress Avenue. On June 16, 2008, the Planning and Zoning Board determined that martial arts instruction is similar to following conditional uses that are allowed in the MROC district (health spas, fitness centers, gymnasiums, and exercise facilities). The applicant followed the request up with a conditional use before the Planning and Zoning Board for this specific martial arts facility. The facility will occupy a tenant bay of 2,565 square feet and accommodate approximately 20-25 students ranging from 3 years to adult. The program will operate from Monday through Saturday, 10:00 a.m. to 9:00 p.m. At its meeting of August 18, 2008, the Planning and Zoning Board considered the request at which time the Board recommended approval with a vote of 4 to 0 subj ect to the condition to re-install the deteriorated landscaping to comply with the approved landscape plan. Mr. Dorling stated the landscape installation is required prior to the occupation of this space. Vince Cohen, 2875 South Congress Avenue, Suite #D, Delray Beach (Applicant for XF Martial Arts), stated he is very excited to be a part of the Delray Beach community and is looking forward to working with the children. -12- 09/03/08 James Goldstein, 5882 N.W. 23rd Way, Boca Raton, stated he is a Father of several students at Vince Cohen's school Mr. Goldstein stated he is an outstanding citizen and teaches children respect and control and he will be a great asset to the community. 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. Eliopoulos moved to adopt the Board Order (approving the conditional use subject to the condition that they will re-install the deteriorated landscaping to comply with the approved landscape plan; the landscape installation is required prior to the occupancy of this space) as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 39-08 (TENTATIVE MILEAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2009. The caption of Resolution No. 39-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATNELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATNELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 39-08 is on file in the City Clerk's office.) 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. coming year. The City Manager stated this is a resolution setting the millage for the -13- 09/03/08 The City Attorney announced the tentative millage rate at 6.4490 mills would be 1.52 % less than the rolled back rate. The City Manager stated staff has discussed reducing the millage further and expects that the City will be able to do that. He stated the City is still waiting on the Community Redevelopment Agency (CRA) to make a final decision on their funding that they would apply toward our tennis tournaments. Therefore, the City Manager requests that the City Commission approve the resolution at 6.4490 with the intention of reducing it on September 16th. The City Manager stated it is a reduction of 1.52% from the rolled back rate; although the millage is higher the City would be receiving $2 million less in real estate taxes than in the current year. Mr. Eliopoulos asked the City Manager to go over this for the public because things have been published in the paper regarding comments about when the millage is not rolled back far enough then the City is raising taxes when this is not actually the case. The City Manager stated in the legal sense the way the State law defines it as a tax increase is when the revenue actually increases which is not the case here. He stated the City is reducing it and we have fully taken into account the tax relief afforded by the adoption of Amendment One. The City Manager stated that accounts for the difference between the rolled back rate of 6.539 and what the City is proposing of 6.4490. Mr. McDuffie stated Amendment One also added another $25,000.00 to the Homestead Exemption which could lower the taxable value of most of the homes in Delray Beach. The mandatory rolled back rate which was on TRIM notice that people got and the City was lower than that against the lower taxable value. Mayor Ellis declared the public hearing open. Deanna Bross, Realtors Association of the Palm Beaches, stated they represent over 8,000 in Palm Beach County. She stated they voted on January 29, 2008 on Amendment One that they wanted their taxes cut even if it means some of the services that are provided. Ms. Bross stated all of Palm Beach County is experiencing a bad economy and undergoing hardships. She stated cutting revenues and streamlining the City's budget will ultimately be better for the residents and the community as a whole. Ms. Bross urged the City Commission to continue to save businesses and help the residents through these financial hardships by not increasing the millage rate. Nancy Hogan, 37 Hibiscus Way, Ocean Ride, stated she is a real estate broker in the State of Florida and also serves as Chairman of the Government Affairs Committee of the Realtors Association of the Palm Beaches. She urged the Commission to not raise the millage rate and also to be firm and diligent in watching what they are doing in raising other fees. Ms. Hogan stated it has been a struggle in the professional life of a realtor and they need any help they can get in keeping taxes and fees low. She stated she believes not only realtors are suffering but the downturn in the economy has affected many arenas of prosperity. Ms. Hogan stated citizens overwhelmingly passed -14- 09/03/08 Amendment One in January 2008 and feels that the message was clear in that residents needed tax relief and the escalation of government spending must stop. Bonnie Lasar, 2717 Florida Boulevard, Delrav Beach (realtor and works in the area of Boca Raton and Delrav Beach), echoed comments of her colleagues and urged the Commission to not raise the millage rate. She stated we are in an area where the single family home prices have decreased 27% in two years and condominiums have decreased by 37%. She stated it will continue to decrease if we cannot get a handle on our taxes and with all the threats of the hurricanes coming now there are worries about insurance again. She stated realtors are now starting to see activity and buyers are looking and they are starting to buy because the prices have decreased so much that it is a commodity. She stated if people feel that we are not going to hold the taxes and hold the budgets and controls its spending unfortunately this wonderful city will lose a lot more money in tax revenue. There being no one from the public who wished to address the Commission regarding Resolution No. 39-08, the public hearing was closed. Mr. Fetzer stated the City Commission is working diligently to reduce the millage further. Mr. Eliopoulos moved to approve Resolution No. 39-08 (Tentative Millage Levy), seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 40-08 (TENTATIVE MILEAGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2009. The caption of Resolution No. 40-08 is as follows: ARESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATNELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER (The official copy of Resolution No. 40-08 is on file in the City Clerk's office.) 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. -15- 09/03/08 The City Attorney announced Resolution No. 40-08 for the Downtown Development Authority (DDA) tentatively levies a tax that is more than the 0.9535 rolled back rate calculated under the TRIM law by 4.88%. The City Manager stated staff distributed a memo from Michael Listick, Chairman of the DDA, explaining their reasoning for increasing their millage. The City Manager stated Mr. Listick is out of town; however, Marjorie Ferrer is present for questions the Commission may have. Mayor Ellis asked Mrs. Ferrer to elaborate on the discussions that the DDA had in connection with the scope of the marketing that the DDA plans to direct for the next year. In response, Marjorie Ferrer stated the DDA did a white paper on the local advertising in addition to regional and national advertising to compare it to remind the Commission that the DDA was given the tourism responsibility for the community and the DDA is the only entity that does tourism advertising. Mrs. Ferrer stated the Chamber of Commerce used to do this but it is now the responsibility of the DDA and anything out of Palm Beach County is considered regional for tourism and that component is extremely critical that it be maintained as well. She stated in the local campaign the study suggested that the DDA own the retailing holidays (i.e. Christmas, Mother's Day, and Valentine's Day). In addition, Mrs. Ferrer stated the Board came back with suggestions last month of local ideas and at the same time her staff has put together an intense email Internet local marketing because through their Mother's Day and Sweepstakes which they have added to their website they have been able to capture 1,500-2,000 emails of local people who are really interested in downtown. Mrs. Ferrer stated the DDA sent a survey out to them that asked them to check off if they want to know about special events, if they want the current calendar of events, if they want the merchant specials, and if they want to hear about Chamber events. She stated this is very cost effective because the DDA does everything for the Internet in their office. Mrs. Ferrer stated producing the constant contacts to them is all done in house. She stated that in addition to examining other local components that we can cooperatively advertise with not only the property owners of the hotels which are definitely tourism but all the local merchants are struggling. The DDA will set up grant programs that these people can apply for to help ease the cause of their contributing to advertising. Mrs. Ferrer stated the DDA co-ops with the merchants so that they get four pages for the price of two in most documents. She stated the DDA is working very closely with the restaurants, the hotel properties, and the merchants (especially the Pineapple Grove area and West Atlantic Avenue) to help them promote themselves. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 40-08, the public hearing was closed. Mr. McDuffie stated as we look at the City's budget we need to look at all of them because we are talking about going down 1.52% and the DDA's is going up 4.88%. He would like to make sure that the City takes a close look at this one just as well as we do our own budget. -16- 09/03/08 Mr. Fetzer concurred with comments expressed by Commissioner McDuffie and noted that the DDA does a lot of great things. He stated he fully supports what they have accomplished in the downtown but he has some reservations about increasing the millage rate. Mr. Fetzer commented about the $17,000.00 difference in revenue and stated he would like to see more justification on the need for that and how it will be used specifically. Mr. McDuffie stated the City is now receiving studies on Old School Square and the Tennis Stadium which is giving the City an economic impact in the community. He stated if the DDA can determine what the impact of tourism advertising is he would like this information brought back to the Commission as well. It was the consensus of the Commission to request the DDA to provide the Commission with any additional information that would support the request for an increase in the millage. Mr. McDuffie moved to approve Resolution No. 40-08 (Tentative Millage Levy/DDA), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 41-08 (TENTATIVE BUDGET ADOPTION FOR FY 2009): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2008 through September 30, 2009. The caption of Resolution No. 41-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2008, TO THE 30tH DAY OF SEPTEMBER, 2009; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 41-08 is on file in the City Clerk's office.) -17- 09/03/08 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. The City Manager stated this is the budget for all the City's funds. The General Fund Budget is $98,860,000.00 and noted that the total budget for the City is $147,000,000.00. He stated staff will be making some adjustments based on the things discussed about reducing the millage and adding back in some additional funding for School Crossing Guards and keeping the Animal Control function. The City Manager stated that will be reflected in the final budget resolution that will be before the Commission on September 16, 2008. He stated the entire budget is on the website in detail under the Finance Department. Mr. Eliopoulos stated the City has not heard from the CRA and asked if the City Manager has any comments with regard to the sponsorship of the tennis tournaments. The City Manager stated he expects the CRA will sponsor the tennis tournaments but does not know exactly what level. He stated they will be meeting at a Special Workshop Meeting on Monday, September 8, 2008 to make that decision. The City Manager stated the City has made some contingency plans if the CRA comes out a little less than what they have talked about then the City can still cover that. Mr. McDuffie stated with the understanding as well that approval of this budget will be adjusted down if the millage rate is reduced in the coming budget hearings. Mayor Ellis declared the public hearing open. Pam O'Brien, Executive Director of Aid to Victims of Domestic Abuse AVDA urged the Commission to find support in the budget for them. She stated she is speaking on behalf of 273 Delray residents who called AVDA's hotline this last year and 52 Delray Beach residents who received significant support services from AVDA through their shelter or counseling programs. She stated AVDA gives them a safe place to stay and keeps them alive so that they can spend money downtown and they can celebrate events like Christmas, Mother's Day and Valentine's Day and become productive citizens of the community. Ms. O'Brien stated the City's support is very important to AVDA and encouraged the Commission to see if there is any way they can support AVDA because it is critical to their operations. She stated the result is women and children stay alive (although they do serve men 97% are women) and at the end of the year they actually serve more children because the typical mother comes with 2 or 3 children. Ms. O'Brien stated AVDA appreciates the City's support on their upcoming SK run but asked the Commission to get AVDA in the budget. Alice Finst, 707 Place Tavant, Delray Beach (speaking on behalf of Carolyn Zimmerman who was not feeling well and went home), stated she would like to have Nancy King's position as Human Resource Consultant be restored to the budget. Mrs. Finst read a statement into the record written by Carolyn Zimmerman. -18- 09/03/08 Nancy Hurd, CEO of the Achievement Centers for Children and Families, commented about the partnership that the City of Delray Beach has had with her agency over all these years. Ms. Hurd stated the Achievement Centers serve over 700 children ages 12 months to 16 years of age and all of their families and this is done with the priority being protective services (child is abused, neglected or abandoned or high risk for any of those factors, they serve low income working poor families, teen parents, back in school, legal refugee entrant, and any parent that is in job training leading to full- time employment). She stated the Achievement Centers are a safe haven for the children but in the process they educate and train them and support them in their efforts to achieve school readiness, to have skill building opportunity, to achieve higher academics, and to make healthier life style choices. Ms. Hurd stated every single one of their parents work and in the 39 years that they have been in service they have never had a family that has failed to come off welfare and they have never lost a family back to the system. Ms. Hurd stated they provide over 85 jobs in the community and they are all local Delray people which is $1.8 million back into the community in someone's salary. Ms. Hurd stated next year they are stepping up to celebrate their 40 year anniversary of service in this community and thanked the Commission for all of their big and little investments. Daisy Fulton, Executive Director of SPADY Museum, on behalf of their Board of Directors EPOCH (Expanding and Preserving Our Cultural Heritage), they feel that it is time to stand before the Commission and recognize the City for all that they do for them. She stated the SPADY Museum is the only African-American Cultural Heritage Museum in the County. She stated the Spady Museum is one of the sites listed in the Visit Florida pamphlet. She stated they recently had the opportunity along with Old School Square and a few other sites that features Delray Beach and the cultural atmosphere and the attractions to invite people to come to our city. Ms. Fulton stated they are actually contributing themselves now as a site and attraction in the State of Florida as well as on a national level. She stated last year over 10,000 visitors visited the SPADY Museum, four new traveling exhibits on a quarterly basis, setting the record last year for Spady Living Heritage Day, and the lecture series connecting community and culture. Ms. Fulton stated the City's investment is working and thanked the City Commission. There being no one else from the public who wished to address the Commission regarding Resolution No. 41-08, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 41-08 (Tentative Budget Adoption for Fiscal Year 2009), seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. -19- 09/03/08 10.D. RESOLUTION NO. 32-08/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT AGENCY: Consider approval of Resolution No. 32-08 authorizing the City to transfer/sell City owned property, located at N.W. 2"d Street, to be utilized for affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Redevelopment Agency in the amount of $10.00. The caption of Resolution No. 32-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 32-08 is on file in the City Clerk's 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 stated there is a revised Contract for Sale and Purchase. The City Attorney stated the closing date changed from August to September 30, 2008 and this is a sliver of land located on N.W. 2"d Avenue and N.W. Stn Avenue. She stated this is a piece of property that the City of Delray Beach would like to convey to the CRA so they can group it with other properties to make buildable lots for affordable housing. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 32-08, the public hearing was closed. Mr. Eliopoulos moved to approve Resolution No. 32-08, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 37-08: Transmittal hearing for Comprehensive Plan Amendment 2008-W SP 1, regarding the Water Supply Facilities Work Plan. The caption of Ordinance No. 37-08 is as follows: -20- 09/03/08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008-WSP1, TO PROVIDE FORA 20 YEAR WATER SUPPLY FACILITIES WORK PLAN, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSNE PLAN AMENDMENT 2008- W SP 1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 37-08 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. Ron Hoggard, AICP, Principal Planner, stated the purpose of this amendment is to meet a State requirement which requires that local governments adopt a ten year Water Supply Plan and incorporate it into their Comprehensive Plan. Mr. Hoggard stated the Commission saw a presentation on the City's 20-year Water Supply Plan that Richard Hasko (Director of Environmental Services) gave at a May 13tH Workshop this year. Mr. Hoggard stated this amendment to the Comprehensive Plan includes the following three text amendments: (1) Add sub-element for 20 year Water Supply Facilities Work Plan to the Public Facilities Element, (2) Add policy A-1.10 to the Capital Improvement Element dealing with capital improvements for reclaimed water system and Table RW-CIP in Capital Improvement Element, (3) Add Table RW-CIP, 5- Year Capital Improvements Schedule for Reclaimed Water System to the Capital Improvement Element. The Water Supply Plan itself is to inventory the City's existing water supplies and project the future water demands through the year 2030 based on the population projections, examine and evaluate alternative water supply sources as an addition to the City's existing supply to meet future demands, and development an implementation plan for the selective alternative approach. The City of Delray Beach contracted with CH2M Hill, Inc. and they did a report last year and evaluated nine (9) alternatives for additional water supply to meet the City future demand. Mr. Hoggard stated the final recommendation was that water re-use was the best alternative to meet the future demands. -21 - 09/03/08 At its meeting of August 18, 2008, the Planning and Zoning Board held a public hearing regarding the amendment and the Board recommended approval with a 4 to 0 vote. Staff recommends approval of Ordinance No. 37-08 on First Reading and will send this to the Department of Community Affairs (DCA) for their review and this will come back later in the year. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 37-08, the public hearing was closed. Mr. McDuffie moved to approve Ordinance No. 37-08, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 09-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) amending Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", enacting a new Subsection 4.5.1(N), "Criteria for Change of Historic Designation and/or Classification", and a new Subsection 4.5.1(0), "Procedures for Change of Historic Designation and/or Classification", in order to provide criteria and a method for a change of historic designation and/or classification. If passed, a second public hearing will be scheduled for September 16, 2008. The caption of Ordinance No. 9-08 (Version 4) is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.51(N), "CRITERIA FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR INCREASING AND/OR REDUCING HISTORIC DISTRICT BOUNDARIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 09-08 (Version 4) is on file in the City Clerk's office.) -22- 09/03/08 The caption of Ordinance No. 09-08 (Version 5) is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.51(N), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR A CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 09-08 (Version 5) 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. from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down Paul Dorling, Director of Planning and Zoning, stated these changes are modifications to LDR Section 4.5.1 to provide criteria and a method for removal from or expansion of a historic district as well as a procedure for reclassification of contributing and non-contributing properties. At the City Commission Workshop Meeting of July 8, 2008, both Versions 4 and 5 were presented. At that time, the City Commission directed staff to take these versions back for review and recommendations by each of the advisory boards. Prior to that time, Versions 1-5 had gone forward, versions 1-3 had gone before many of the boards, and then Version 4 and 5 came out of input from the Planning and Zoning Board. Mr. Dorling stated Version 4 refers to is referenced as "Redefining Boundaries of Historic Districts" while Version 5 refers to "Criteria for Removal from or Expansion of a Historic District" which is a more appropriate title. Mr. Dorling stated Version 5 also includes additional process termed "Criteria for Change of Historic Classification" which allows a change of historic classification which allows a change of a historic classification if a survey recommends the inclusion of an additional period of significance. - 23 - 09/03/08 Mr. Dorling stated the Historic Preservation Board (HPB) considered the subject amendments at their August 6, 2008 meeting and they recommended approval of Version 5; the Pineapple Grove Main Street Committee considered the subject amendments at their meeting of August 6, 2008 and recommended approval of Version 5; the Downtown Development Authority (DDA) considered the subject amendments at their meeting of August 11, 2008 and recommended approval of Version 5; the West Atlantic Avenue Redevelopment Coalition (WARC) considered the subject amendments at their meeting of August 13, 2008 and recommended approval of Version 5; the Community Redevelopment Agency (CRA) considered the subject amendments at their August 14, 2008 meeting and recommended approval of Version 5; the Planning and Zoning Board considered the subject amendments at their August 18, 2008 meeting and recommended approval of Version 5. Mayor Ellis declared the public hearing open. Matthew Grabham, 350 S.E. 7t'' Avenue, Delray Beach (Marina Historic District), stated the background to this ordinance comes from the 300 block of the Marina District where a lot of development has taken place and the character of district has changed. Mr. Grabham stated the 300 block is seeking to be released from the district. He asked under each of these versions can the 300 block be released considering they follow all of the procedural steps that are required. Mr. Grabham stated the reason he is asking is because in Version 5 there is language for adding a period of significance which effectively opens up anything 50 years old or greater to be considered historic. He stated if the City does this without taking the other parts of recommendations from re-survey which the City has conducted into account this could put the City in a "catch 22". Mr. Grabham stated if the City accepts the survey they can say that here are a couple of houses which are straggling down at the end of the 300 block which arguably could now be called historic. He stated the ordinance seems to have grown with the idea of the expansion of the historic district in Version 5 and to his understanding this was focused on the issue of releasing people from districts. Mr. Grabham stated legally you have to have public participation and the opportunity to concur with or object to being designated historic in a case of expanding a district (Historic Preservation Act of 1966). Mr. Grabham expressed concern with the period of significance language in Version 5 in that we are opening up locking down anything that is 50 years old with a description of the architectural style never being redeveloped. He stated his main concern was whether the 300 block could be released under Version 4 or Version 5. There being no one else from the public who wished to address the Commission regarding Ordinance No. 09-08, the public hearing was closed. Mayor Ellis asked if staff knows the answer to Mr. Grabham's concern about being able to be removed from the district under either of these versions. In response, Mr. Dorling stated there are recommendations made for partial removal of the block in those surveys. Mr. Dorling stated the fact that this ordinance was initiated by issues of the 300 block of the Marina District, it was to bring forth a process to modify a historic district. He stated in their case they would like to remove it. Mr. Dorling stated -24- 09/03/08 modification can also go the other way and that is why it is included as an expansion and when appropriate based upon a recommendation of a survey. Mr. Dorling stated this group would like to take recommendations of the survey that may support removal of a piece but that same survey may make some recommendations with respect to the period of significance and he feels that if the City is going to take those recommendations to merit then we need to look at the entire picture. Mr. McDuffie stated we are not saying that a property is declared historically significant at 50 years period and asked are there other qualifying factors. In response, Mr. Dorling stated that there are other qualifying factors. Mr. Fetzer moved to approve Ordinance No. 09-08 (Alternate #6 -Version 4) on First Reading/First Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to approve Ordinance No. 09-08 (Alternate #7 - Version 5) on First Reading/First Public Hearing, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 10.G. ORDINANCE NO. 30-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) Section 2.2.6, "The Historic Preservation Board", Subsection (D), "Duties, Powers, and Responsibilities", to provide consistency with the requirements listed in other sections in the Land Development Regulations (LDR), amending Section 4.5.1, "Historic Preservation Sites and Districts", Subsection (D), "Review And Approval Procedures", (E), "Development Standards", (F), "Restrictions on Demolitions", (H), "Undue Economic Hardship", and (I), "Historic Preservation Board to act on Site Plans, Landscape Plans, and Architectural Elevations", to require that relocation of a structure not occur until the building permit for the redevelopment plans have been issued. If passed, a second public hearing will be scheduled for September 16, 2008. The caption of Ordinance No. 30-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (D), "DUTIES, POWERS, AND RESPONSIBILITIES", TO PROVIDE CONSISTENCY WITH THE REQUIREMENTS LISTED IN OTHER SECTIONS IN THE LDRS, AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS" SUBSECTION (D), "REVIEW AND APPROVAL - 25 - 09/03/08 PROCEDURES", (E), "DEVELOPMENT STANDARDS", (F), "RESTRICTIONS ON DEMOLITIONS", (H), "UNDUE ECONOMIC HARDSHIP" AND (I), "HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS, AND ARCHITECTURAL ELEVATIONS", TO REQUIRE THAT RELOCATION OF A STRUCTURE NOT OCCUR UNTIL THE BUILDING PERMIT FOR THE REDEVELOPMENT PLANS HAVE BEEN ISSUED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 30-08 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 is an amendment to LDR Sections 2.2.6(D) to provide consistency with the requirements listed in other sections of the LDRs and amending Sections 4.51(D), 4.51(E), 4.51(F), 4.51(H), and 4.51(I) to require that relocation of a structure not occur until a building permit has been issued for the associate redevelopment plans. Mr. Dorling stated this would apply similar regulations to relocations as currently exist for demolitions. At its meeting of August 6, 2008, the Historic Preservation Board (HPB) considered the subject amendments and recommended approval; at its meeting of August 6, 2008, the Pineapple Grove Main Street (PGMS) committee considered the subject amendments and recommended approval; at its meeting of August 11, 2008, the Downtown Development Authority (DDA) considered the subject amendments and recommended approval; at its meeting of August 13, 2008, the West Atlantic Redevelopment Coalition (WARC) considered the subject amendments and recommended approval; and at its meeting of August 18, 2008, the Planning and Zoning Board considered the subject amendments and recommended approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 30-08, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 30-08 on First Reading/First Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. -26- 09/03/08 10.H. ORDINANCE NO. 41-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3(B) "Standard Plan Items", Section 2.4.3(M) "Credentials for Preparation of Certain Submission Items" and Section 4.6.8 "Lighting" to provide for new lighting standards. (THIS' ORDINANCE IS REQUESTED TO BE POSTPONED) The City Attorney stated there is no ordinance to read at this time. Mr. Eliopoulos moved to postpone Ordinance No. 41-08 on First Reading/First Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.I. ORDINANCE NO. 35-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.19(D), "Preservation and Promotion of Existing Plant Communities"; Section 4.6.19(E), "Tree Removal and Land Clearing Permits", and Appendix "A", "Definitions", to clarify the regulations governing the "Tree Trust Fund". If passed, a second public hearing will be held on September 16, 2008. The caption of Ordinance No. 35-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.19(D), "PRESERVATION AND PROMOTION OF EXISTING PLANT COMMUNITIES"; AMENDING SECTION 4.6.19(E), "TREE REMOVAL AND LAND CLEARING PERMITS", AMENDING APPENDIX "A", "DEFINITIONS", TO CLARIFY THE REGULATIONS GOVERNING THE TREE TRUST FUND; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-08 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 LDR Amendment clarifies the regulations governing the Tree Trust Fund. Currently, the tree ordinance has provisions for tree removal with or without permits and responsible -27- 09/03/08 mitigation for those trees tied to caliper size. Mr. Dorling stated this ordinance amends the section of the tree ordinance to appropriately include and specify the fee amount and method of calculation in the appropriate section and removes the monetary amount that currently is in the tree trust fund definition. At its meeting of July 21, 2008, the Planning and Zoning Board recommended approval with a 4 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. 35-08, the public hearing was closed. Mr. Bernard moved to approve Ordinance No. 35-08 on First Reading/First Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 10.J. ORDINANCE NO. 38-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) for Section 2.4.3, "Submission Requirements", Subsection (K) "Fees" to provide fees for extension requests; Section 2.4.4 "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsections (D), "Establishment of Project Approvals", (E), "Expiration of Approvals", and (F), "Extensions", to provide for the expiration and extension of time for Class I - V Site Plan Modifications and Certificates of Appropriateness. If passed, a second public hearing will be held on September 16, 2008. The caption of Ordinance No. 38-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", IN ORDER TO PROVIDE FEES FOR EXTENSION REQUESTS; AMENDING SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTIONS (D), "ESTABLISHMENT OF PROJECT APPROVALS", (E), "EXPIRATION OF APPROVALS", AND (F), "EXTENSIONS", TO PROVIDE FOR EXTENSIONS OF TIME FOR CERTIFICATE OF APPROPRIATENESS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. - 28 - 09/03/08 office.) (The official copy of Ordinance No. 38-08 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 LDR Amendment clarifies the approval periods for Class I-V site development plans, site plan modifications, and conditional use requests. The amendments also establish approval periods for all Certificates of Appropriateness. Currently, Certificates of Appropriateness and site plan modifications do not have a stipulated expiration date in the LDRs. The amendment also establishes a fee schedule for all extension requests. At its meeting of August 18, 2008, the Planning and Zoning Board recommended approval with a 4 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. 38-08, the public hearing was closed. Mr. McDuffie moved to approve Ordinance No. 38-08 on First Reading/First Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:05 p.m. the Commission moved to Item 11.B., Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and 11. From the Public. 11.B.1. Mark Fields, 414 Seasage Drive #4, Delray Beach, expressed concern over kite boarding on the beach. He stated he has been surfing for the last five days and some people have come within 8-10 feet of him with their kites and spray him like one would with a water ski. Mr. Fields stated kite boarding is a dangerous sport and the ordinance in place is not working and 300 feet (100 yards) is not enough. He stated sometimes the surf is way out past 100 yards. Mr. Fields stated at some point an accident is going to happen and he does not want to be injured, crippled or killed. He suggested that the Commission research this by going on Google to see how many accidents occurred. Mr. Fields stated he is not talking about the people who go out during a -29- 09/03/08 tropical storm and want to kite surf but instead he is talking about the average everyday kite boarder. He stated there are some very good kite boarders who have tried to address this issue; however, there are always those who do not pay attention to the ordinance and once the lifeguards leave it is a free for all. Mr. Fields stated Richwagen's has a sign for the kayaks that says "100 feet south" and noted that this is not adhered to. He stated there are going to be injuries, death or lawsuits; and when the Seagate Beach Club opens, Mr. Fields stated the Commission is really going to hear it. 11.B.2. Rangel Santiago, 566 Udell Lane, Delrav Beach (speaking on behalf of the children of the Delrav Rocks Football Team), stated since its creation in 1967 the Delray Rocks have been a positive influence in the lives of our children in addition to providing a healthy, safe, and competitive environment it has also produced many great athletes and citizens. She stated many of the coaches and team leaders have devoted many volunteer hours each year from July through November. Ms. Santiago expressed concern that this 41 year old tradition will be jeopardized by the lack of having a home field on which to play and the fact that the existing Hilltopper Stadium is in need of a high level of maintenance (i.e. leveling). Ms. Santiago stressed how important it is for the Delray Rocks to have a home field within close proximity of where the children live, etc. She stated with regard to the condition of the field at the old Atlantic High School site, the irregular and uneven surface will become a hazard and a safety issue for the children as time goes by. Ms. Santiago stated they understand that funds are limited during this fiscal year due to the challenges the City is experiencing with the budget. However, they are open to fundraising efforts to leverage the funding needed with commitments from the City and the Palm Beach County School District to either repair the Hilltopper Stadium or make the Atlantic High School Football Field suitable for use by the Delray Rocks Team. 11.B.3. Chuck Ridley, 137 S.W. 12th Avenue, Delrav Beach, thanked the City Commission for their support that the staff has provided and stated this week Jennifer Buce (Litter Prevention Coordinator) did a litter pick up in his neighborhood (Atlantic Park Gardens, Carver Park and Sunshine Park). Mr. Ridley stated there were over half a dozen police officers, city staff and one Commissioner who joined them to help pick up litter. He stated it was a very well received event and is a good example of how citizens come together. Mr. Ridley stated Code Enforcement also went through three alleys and cleared out the overgrowth and the debris. Secondly, Mr. Ridley stated they also appreciate the support from the City with regard to the drug trafficking that is happening in that area. He stated MADDADS Street Patrol is going to be holding a vigil tomorrow evening at 8:30 p.m. in partnership with the Police Department. Lastly, Mr. Ridley stated he met Ms. Santiago and other citizens regarding the Delray Rocks and commented that they really want to establish a time for staff to speak to them and make clear the following: (1) Is there any plan or project that is going to not allow the Delray Rocks to play at the Hilltopper Stadium, (2) If it is, provide a timeline so the citizens can begin to understand what that impact means, (3) Let the -30- 09/03/08 citizens know who is currently responsible for the maintenance of the stadium and the field, (4) In who's budget is the funding allocated to make sure that the field is well maintained, (5) Who is responsible for keeping the field maintained. Mr. Ridley stated they will be glad to sit down with staff and talk this through so that we can make sure that a long standing tradition continues. He stated the City's role traditionally has been to make sure that the Delray Rocks has a field to play in, equipment, and a staff and he urged the City to continue in that role so that we can continue this great tradition. 11.B.4. Rosa, 613 S.W. 8t'' Avenue, Delray Beach (unable to obtain last name), speaking on behalf of the Delray Rocks, stated her daughter cheers for the Delray Rocks and her son plays for the Delray Rocks. She expressed concern over the children and stated this program helps to keep the children off the street so that they have somewhere to go so they will not get into trouble. At this point, the time being 8:17 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 42-08: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide fora 5% increase in residential, nonresidential, and irrigation rates for FY 2009. If passed, a public hearing will be scheduled for September 16, 2008. The caption of Ordinance No. 42-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34 (B), TO PROVIDE FOR CHANGES IN RATES FOR FY 2009; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Fetzer moved to approve Ordinance No. 42-08 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. -31- 09/03/08 12.B. ORDINANCE NO. 43-08: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates for FY 2009. If passed, a public hearing will be scheduled for September 16, 2008. The caption of Ordinance No. 43-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2009; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Eliopoulos moved to approve Ordinance No. 43-08 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 44-08: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates for FY 2009. If passed, a public hearing will be scheduled for September 16, 2008. The caption of Ordinance No. 44-08 is as follows AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2009; PROVIDING A GENERAL REPEALER CLAUSE, A -32- 09/03/08 SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 44-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Eliopoulos asked if this is the contract that the City did with Waste Management. The City Manager stated this incorporates the provisions of that contract. Mr. Eliopoulos commented that the monthly recycling service charge increased and he thought this was handled by the Solid Waste Authority. The City Manager stated the Solid Waste Authority does the recycling but Waste Management does the collection. Mr. Bernard moved to approve Ordinance No. 44-08 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 45-08: An ordinance amending Chapter 92, "Boats and Boating," of the Code of Ordinances by amending Subsection 92.33, "Dockage Rates", to provide for a change in the rate structure and the addition of application and daily docking fees. If passed, a public hearing will beheld on September 16, 2008. The caption of Ordinance No. 45-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 92.33, "DOCKAGE RATES", TO PROVIDE FOR A CHANGE IN THE RATE STRUCTURE AND THE ADDITION OF CERTAIN FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The City Manager explained that this ordinance will add a fee for applying for dockage space and for keeping your name on the list and also for daily dockage. The City Attorney stated this gives the City the ability to do it and the City will set this by resolution after this ordinance is passed. Mr. McDuffie asked if the fee was the same for live aboards as well as non live aboards. The City Manager stated the fee is the same for both. - 33 - 09/03/08 Mr. McDuffie moved to approve Ordinance No. 45-08 on FIRST Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:21 p.m. the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. WAIVER REQUEST/ST. GEORGE SUITES/AUXILLARY POWER GENERATOR: Consider a request for waiver of Land Development Regulations (LDR) Sections 4.3.3(00), "Multifamily Residential Buildings Equipped with Elevators", which requires that all new multifamily residential buildings (including hotels and motels) equipped with public elevators shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) public elevator. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, stated this is consideration of a waiver from LDR Section 4.3.3(00) for the St. George Suites Hotel project. This section of the LDRs requires that all new multi-family residential buildings including hotels and motels be equipped with public elevators that would provide power for all interior corridor lighting, exit signs and at least one public elevator in the event of a power outage either by a storm or other causes. At its meeting of June 13, 2007, the Site Plan Review and Appearance Board (SPRAB) reviewed and approved the Class V Site Plan application for the St. George Suites. The approval included the demolition of the existing office building and residential dwelling unit and construction of a four-story building that contains 6 hotel rooms and spa facilities. The applicant in doing his final elevations on this plan is now before the Commission seeking a waiver of this requirement for a generator. Mr. Dorling stated LDR Section 2.4.7(B)(5) findings are made and discussed in the staff report. He stated the applicant does not want to provide this because they believe that the cost is prohibitive as well as a statement that if a storm is approaching the applicant would empty the hotel Mr. Dorling stated there are other issues with power outages not related to storms. He stated the waiver analysis goes into a discussion about those very same things. The Fire-Rescue Department was consulted on this and they do oppose this waiver request based upon public safety concern and the increase in risk to medical patients and rescue should the power go out whether it be related to a storm or not with a 4-story building if the Fire-Rescue Department had to respond to an emergency and there was no power for an elevator they would have to haul that patient down four stories. -34- 09/03/08 At its meeting of August 13, 2008, the Site Plan Review and Appearance Board (SPRAB) recommended approval of the waiver. After discussion, the Board recommended approval subject to the following condition: (1) that they provide a manual transfer switch for a generator in the place of an automatic permanent generator. Staff recommends that this waiver be denied because the Fire-Rescue Department is particularly concerned that this would set a precedent based purely on economic reasons that this LDR requirement should be waived. Mayor Ellis stated if anyone from the public would like to address the Commission regarding the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Eliopoulos stated this is an intense use on a small site. Mr. Eliopoulos stated he feels we have learned what hurricanes do to us in South Florida and what generators actually do. He stated over the years people have actually improved their situations and are a little better prepared. He feels this is a small requirement to make these buildings safer. Mr. Eliopoulos stated as far as providing a manual transfer switch technically it is a safer way to go if you do not have a generator but a transfer switch really works to have the generator and then it would kick on automatically and that would get the people out. Mr. Eliopoulos stated he does not support the waiver. 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. Bernard moved to adopt the Board Order as presented (denying the waiver request) seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.C. CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE COVERAGE: Consider approval of the contract award through RFP #2008-48 to Employers Mutual, Inc. for broker services and Gallagher Bassett Services Inc. for Third Party Claims Administrator (TPA) services for property and casualty insurance coverage for the period of October 1, 2008 through September 31, 2011. Frank Babin, Risk Manager, stated this is a request for the Commission to consider an award of a contract for the insurance broker and a Third Party Claims Administrator (TPA). Mr. Babin stated the City's property and casualty insurance (which includes Worker's Compensation insurance) for the current broker Arthur J. Gallagher and the current TPA Gallagher Bassett Services' contract expires in September 2008. As a result, Mr. Babin stated staff went out for a Request for Proposal (RFP) in July 2008 requesting broker services and that the broker recommend a Third Party Claims - 35 - 09/03/08 Administrator (TPA). He stated there were close to 80-100 that were either sent to request RFP's and five were returned. Mr. Babin stated the City formed an Evaluation Committee which consisted of the Frank Babin, Risk Manager, Susan Ruby, City Attorney, Bruce Koeser, Human Resources Director and Joseph Safford, Finance Director. Mr. Babin stated several weeks after the City received the RFP's they went through the written proposals and evaluated those and contacted the referrals selectively and prospects were also contacted for additional information. The Committee held all presentations on Friday, August 15, 2008 and each broker had approximately 1 '/z hours to give their presentation and were asked questions by the Committee. At that point, Mr. Babin stated staff evaluated the additional information because they received the oral presentation and more contacts were made selectively by the referrals that were given to the Committee by the brokers and TPA's and they accumulated additional information by contacting the prospects. Mr. Babin stated in the Agenda backup staff has indicated what the broker and TPA criteria were that the Committee used to evaluate the broker's and TPA's. Mr. Babin further explained the more unique criteria such as the compensation, the costs, the trusts, the significance of the broker location, significance of a broker and TPA having handled Florida Government accounts. Mr. Babin stated as a result of this total effort, staff recommends that the Commission approve Employers Mutual, Inc. out of Stuart for broker services and Gallagher Bassett Services, Inc. (current incumbent) for TPA services. Mayor Ellis asked if Plastridge Agency were using a pool. In response, Mr. Babin stated that Plastridge Agency was using Florida Municipal Insurance Trust (League of Cities sponsors the FMIT). Mr. Babin stated Employers Mutual, Inc. (EMI) is not a trust but they proposed a directly written insurance program as the City currently has. Mayor Ellis stated when she attended the League of Cities Conference in Tampa last month there was an entire day for just Mayors from all over the State. She stated that pool from the League of Cities is very popular in other cities and the Mayors have very favorable things to say about this. Mayor Ellis clarified that EMI would not be able to get a quote from the League of Cities but they would be using an actual carrier. Mr. Babin stated this is correct and this is what the City has in its current program. Mayor Ellis asked what the most determining factor was between EMI and Plastridge. Mr. Babin stated it was the fact that they were a trust that was a concern not that they were not actuarially sound. He stated there was a strong preference among the Committee to have directly written insurance and the concern was in part conceivably losing control of a settlement claim and the administration of claims. Mr. Babin stated it is his understanding that when you go into a "pool of trust' you are not as free to direct the administration of claims as you normally do. Mr. Eliopoulos stated EMI came in at $100,000.00 and Plastridge came in at $125,000.00. He asked what the percentage is for EMI. In response, Mr. Babin stated EMI is a flat percent. Mr. Eliopoulos asked how much insurance coverage the City is going for. Mr. Babin explained this is for all of the City's programs and the Committee's recommendation is to change from Arthur J. Gallagher to EMI. Mr. Babin stated there -36- 09/03/08 are no other additional compensations and the $100,000.00 to EMI would be the total fee. Tim McCleary, President of Employers Mutual, Inc. (EMD, stated he feels the City should select EMI because it is based on the fact that a city the size of Delray Beach they feel should be in a stand alone program and will have a better chance at controlling their destiny. He stated typically a trust has 500 members and you are put into a big pool of property limits and they might have towers and the City would be sharing their property limits with 100 other districts. He stated if a hurricane were to hit and the entire tower is wiped out then the City of Delray Beach would be uninsured on the top and on the bottom because when the City goes to settle the claim with the trust the City would have to share a deductible allocation with the rest of the members in the trust as well as a limit allocation with the rest of the trust. He stated when dealing with a trust the insurance program would be run by a Board consisting of a half dozen people thus controlling 500 insurance programs. He stated most of the members of the League of Cities are smaller that do not have the funding or the scope to self insure so they go into these pools. He stated in their current program they can improve on a lot of the terms and conditions and stated there are some flood issues they have addressed in the RFP and some sexual molestation issues. He stated they have been handling public entities throughout the State for 25 years (over 70 throughout the Southeast), billions of dollars in TIV's (Total Insured Values) that they handle and they have a lot of direct assets to the markets. He stated the Florida Municipal Insurance Trust (FMIT) is a direct access market. Tom Lynch (The Plastrid~e A~encyh stated the trust was started 31 years ago when municipalities in Florida were having trouble getting insurance so the Florida League of Cities started the trust. He stated before that period of time they used to write the insurance for the City of Delray Beach and in the 1960's, 1970s and 1980's it was bid the same way it is bid now. He stated you would bid one broker and that broker would go on to the markets and come back and get the best price from those companies. Mr. Lynch stated the market has changed and they recommended to staff several years ago you should not be doing the same RFP's that were done several years ago because only certain agents can represent the trust and other organizations. Mr. Lynch stated that you really want to make sure to get all the competitive markets out there. Mr. Lynch stated the trust is not a shared pool and the City would have specific insurance. He stated right now the City is only buying half the insurance for the exposure; if you have $200,000,000.00 worth of property you are buying about $100,000,000.00 of insurance so you are not really buying the full amount. Mr. Lynch stated there are different silos in the trust and there are ten different silos and the City of Delray Beach would have a part of their insurance in each one of those silos. He stated this protects the City and it is called the "spread of risk" which is what insurance is all about. Mr. Lynch stated the City would have a lower deductible. He stated all they are asking is to allow the trust to give the City a proposal Mr. Lynch stated it would not cost more than $125,000.00 (maximum) and Plastridge would charge a fee of 6% of the premium. Mr. Lynch is requesting that the Commission allow the trust to bid along with the other carrier and at that time they can show the Commission all the financial stabilities of the companies including the rates, etc. Mr. Lynch briefly spoke about the seven criteria. -37- 09/03/08 The City Manager asked Mr. Lynch to comment on the issue of claim control Mr. Lynch stated since the City of Delray Beach wants to use Gallagher Bassett Services, Inc., the League is agreeable to use Gallagher Bassett and they have used it in other cities. Mr. Lynch stated as far as he knows there have been no problems and they would work with the City Attorney to pick the attorneys that the City would like to use as long as their fees are in the ranges that they should be. With regard to stability, they went through four storms in 2004, they went through Hurricane Wilma in 2005, and they paid their claims. He stated they are extremely well funded. The City Attorney asked if it is possible to adjust the deductibles so that the City can maintain the in-house litigation and control the City's destiny. Mr. Lynch stated they can do SIR's (Self Insured Retention) on limits that the City would like to do it. He stated on the City's property what they recommended to the Committee was that it would be 3% of each building instead of a 5% deductible for the total insured value and this would be a much higher deductible that the City would have to absorb. Mr. Lynch stated for buildings such as Old School Square they could do a buy down of the deductible or a Citizen's Underlining Program that could save the City a lot of money on the buildings which would be most susceptible to storms and problems. The City Attorney asked if they could do the same on the liability & casualty. Mr. Lynch stated they could do an SIR on that as well. Mr. Lynch stated in 2006-2007 the program was very successful and the League is giving back ten million dollars to the cities. He stated in the case of Delray Beach it would have amounted to 20% of the premium and the City would have received back a check for approximately $350,000-$400,000.00. Mr. Lynch stated it is anon-assessable policy so that if they lose money in a year they do not assess you. He stated it is not a "pool program" or "shared limit". Mr. Lynch stated the City would have specific limits for the entire insurance program. Mr. McDuffie stated earlier in the meeting the Commission was talking about millage rates, etc. and emphasized that the City Commission needs to look at who gives the best deal for the best price. He stated certainly the City does not want to incur an incredible amount of excess risk by doing that but he feels the City should look at every alternative we possibly can. Mr. Babin cautioned the Commission that we do not look just simply at premiums because Florida Municipal Insurance Trust (FMIT) can probably get lower premiums; however, at what cost. Mr. Babin stated as the Committee went through the brokerage process every broker had the best. However, Mr. Babin stated it is a matter of evaluating all five and saying where can we get the best (not necessarily the least expensive but the best buy). He stated the Committee decided that our own policies with our own limits are the more favorable way to go. Mr. McDuffie stated if we take anyone's word for something then shame on us. However, if the City does find something that is a better value and reduce it to contract terms that everyone can agree to then he feels then they have done what the taxpayers expect and what our own Budget Task Force has advised that the City Commission look into. -38- 09/03/08 Mr. Babin stated if the City chooses to go that way it cannot just be FMIT and Plastridge that has to go out but the City would have to redo the entire process and what would happen is the City would have to go out as we did for broker services and then ask the brokers what markets they prefer. He stated then once the City gets the bids back in the City would rate the brokers. Mr. Babin stated this is a difficult process and cautioned the Commission to really think this through. Mr. Eliopoulos asked if the Commission could consider going with these top two. The City Attorney stated she believes the Commission could select one but to have competition that no one else had the same advantage on the bid is a problem. The City Attorney stated the Commission could go with The Plastridge Agency because they think the trust is the appropriate thing and they know just from experience in talking with other Mayors that the cost is going to be good and competitive and that they are local. Or, the Commission can select EMI who is somewhat local (Stuart) and go out for that kind of a program. The City Attorney stated if we are going to change the bid to go out on the market and get us the best rates and then we will compare what the insurance is going to look like plus the brokerage fee then that is something different and probably not appropriate. Mayor Ellis stated she heard from so many Mayors who were very satisfied with this program and the service they received. She stated when you are in a room with that many Mayors and you do not really hear something negative then she feels this would have been made known. Mayor Ellis stated everyone in attendance was in the market for insurance from all over the State. She stated many of the Mayors convinced her that this was worth looking into because of the value received in lower premiums, the service that they have received, and the Third Party Administrators. Mayor Ellis recommends moving forward with The Plastridge Agency and have them come back with what they can come up with. Mr. Bernard moved to approve the bid award for broker services to The Plastridge Agency and bid award to Gallagher Bassett Services, Inc. for Third Party Claims Administration (TPA) for property and casualty insurance coverage for October 1, 2008 through September 31, 2011, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.D. NOTE, MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT/AUBURN TRACE, LTD: Consider approval of a Note, Mortgage Modification and Subordination Agreement between the City and Auburn Trace, Ltd which includes, in writing, the previously agreed upon terms to forgive one million dollars of the UDAG loan if paid by 2010, and the payment of the Land Note to the City in the amount of $276,432.00 upon execution of the modification and however, adds a Subordination Agreement; providing that the City will be moved from second place behind the Orion Bank Mortgage to fourth place behind two loans from Orion Bank and behind the Small Business Loan. -39- 09/03/08 from the dais. Commissioner Bernard declared a conflict of interest and stepped down The City Attorney stated sometime ago as part of its efforts to secure a CWHIP Grant from the State, Auburn Trace came before the Commission seeking some changes to the City's UDAG (Urban Development Action Grant) Loan Agreements and there was some pressure at that time to make the CWHIP deadlines. The City Attorney stated in the CWHIP Application they represented that we would enter into agreements that would provide a $1,000,000.00 loan forgiveness of the UDAG Loan if it was paid in 2010. In addition, the City Attorney stated they would pay off the Land Note in the amount of $276,432.00. The City Attorney stated that it was the understanding of the City that it was supposed to be paid off upon execution of the agreement. She stated she was provided a DVD today and it talks about payoff at closing but she thinks what we meant to say and what Rebecca O'Connor's numbers were confirmed and built on would be that when we enter into the closing meaning entering into this revised Note and Mortgage Agreement. The City Attorney stated this Note, Mortgage Modification and Subordination Agreement/Auburn Trace, LTD provides for forgiveness of the loan if the conditions are met about early payment and if not it would continue until it reached its end. She stated the other request that was made that was not part of any earlier conversations was a subordination agreement that we would be in fourth place behind Orion Bank and currently the City is second behind Orion Bank but they would refinance and deals a little bit with their project in Boynton. The City Attorney stated there would be those two Orion mortgages and then there is a small business association loan that the City is currently in front of and they have asked the City to agree to be subordinated behind that loan too. The City Attorney made reference to Mr. Weiner's letter which states: "We are attempting to rearrange this financing by taking a mortgage and promissory note with Auburn Trace as the Borrower and Boynton Bay as the Lender, which will be assigned to Orion Bank as additional collateral in the principal amount of $700,000.00 and placing it in a second position behind the first mortgage of Orion Bank. Some of these funds will be used to pay in full 20% Match UDAG Loan. So afterwards the financing will be as follows: (1) Orion Bank with an approximate balance of $9,500,000.00 (2) Orion Bank in the principal amount of $700,000.00 by way of an original mortgage which shows Boynton Bay as the Lender and Auburn Trace as the Borrower assigned to Orion Bank (3) The SBA loan with an approximate balance of $400,700.00 (4) City of Delray Beach consisting of a Primary UDAG Loan with an approximate balance of $3,800,000.00." The City Attorney stated the UDAG Loan program is really over and has been but these are Federal grant funds that the City received a long time ago under this program that the City has disbursed for the building of Auburn Trace and the City is to be repaid. The Finance Department recommends denial of the subordination agreement because it places the City of Delray Beach fourth. Michael Weiner, 10 S.E. 1st Avenue, Delray Beach (Attorney with Weiner, Aronson & Mankoff, P.A.), stated he is here this evening on behalf of the projects referred to as Village Lakes and Village of Delray. He stated these are located -40- 09/03/08 on Auburn Avenue (S.W. 8th Street and S.W. 4th Street). Mr. Weiner stated the request before the Commission is a refinement of certain arrangements that were made in January 2008 concerning the financing of these projects. He stated the mortgages cover approximately 31 acres and the first mortgage is with Orion Bank with an approximate balance of $9,500,000.00. Mr. Weiner stated then the City has their group of mortgages which started out at $5,800,000.00 and they have been bringing them down. He stated they now have two of the three left; one of them is for $276,000.00 and they want to try and accelerate a payment to the City of Delray Beach under terms that are acceptable to both parties and this would relieve the City of $3,800,000.00. Mr. Weiner stated in third place is an SBA loan of $400,700.00 (government loan). He stated there is an 11 acre site making up the 31 acres which is zoned for 24 units per acre which is going to be a rental project and then there is 20 acres which is zoned at 18 units per acre which is the remainder of the site. Mr. Weiner stated they are proposing a repayment in full of that 2"d loan ($276,432.00) to the City of Delray Beach and they will do that for the record at the close of Orion Bank. He stated that would leave one loan for the City in the amount of $3,800,000.00 subordinated and they would ask it to go behind what totals $1,100,700.00 in the form of a $700,000.00 loan and the SBA loan of $400,700.00 they cannot get the Federal Government to stay in any other place so therefore Mr. Weiner is asking that the City of Delray Beach subordinate to it. Mr. Weiner stated Tom Hinners, Chief Executive Officer (CEO) of Auburn Management, Inc., would actually use the value and equity he has in another project called Boynton Bay in order to arrange a mortgage. Mr. Weiner stated Boynton Bay is actually the lender and Auburn Trace is the borrower and it gets assigned over to Orion Bank and this is the way they would like to arrange financing. Mr. Weiner stated the City's collateral will be worth $32,000.00 instead of $29,000.00 per unit. He stated once the Boynton Bay project is complete and all of this unwinds and they do not need this mortgage at that point it reverts back to a line a credit and noted all of this is going to happen soon. Mr. Weiner stated when they close on the 11 acres and it gets released they will be significantly reducing the Orion mortgage by approximately $3,500,000.00 and this is expected to happen in February 2009. Mr. Weiner reiterated that they are closing with Orion Bank on this small piece soon for $700,000.00 and then they are closing in February 2009 allowing for the release of the 11 acres in a substantial reduction of Orion. He stated they went through this so that they could pay back the $276,000.00 faster. Mr. Weiner stated this project is part of a revitalization of the Southwest sector in these difficult economic times it is a credit to Mr. Hinners' company as well as to the Delray Beach Housing Authority, the City of Delray Beach and the Community Redevelopment Agency (CRA) that it can possibly be achieved. Mr. Weiner thanked the Community Land Trust (CLT), the Delray Beach Housing Authority (DBHA) and the Community Redevelopment Agency (CRA) for the hand they have had in supporting their particular project over this period of time. Mr. Weiner clarified that the $276,432.00 can be paid in connection with this Orion financing of the $700,000.00 and when they would sign this document. He stated while this financing assists in the timing of the project if it is the decision of the Commission to not approve this they would be happy to have further discussions concerning the UDAG Loan and City Loan and how to repay it and how it is that they can accelerate this $276,432.00. -41 - 09/03/08 After brief discussion between Mr. Weiner and the Commission it was the consensus of the Commission to postpone this item with direction to staff to re-negotiate. Mr. McDuffie moved to table and direct staff to re-negotiate with Mr. Weiner and Mr. Tom Hinners, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.E. GRANTS FUNDING FOR NON-PROFIT AGENCIES: Consider grant funding for non-profit agencies for FY 2008-2009. Mayor Ellis passed the gavel to Vice Mayor McDuffie and left the dais. At this point, Commissioner Bernard returned to the dais. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to provide staff direction concerning budget requests received for fiscal year 2008-2009 under the City Commission Special Event Account as well as the miscellaneous grant division. He stated for fiscal year 2008-2009 staff is proposing to fund the organizations that they funded last year at basically the same amounts except reduce the Sister Cities by approximately $500.00. Mr. Barcinski stated the City received one additional request from AVDA for their SK Walk for $3,000.00. He stated AVDA indicated that they made $57,000.00 on that walk last year and propose $60,000.00 this year. Mr. Barcinski stated the other part of this is that for the Miscellaneous Grants for fiscal year 2008-2009 staff recommends funding in the same amounts to the same organizations that were funded last year for a total of $191,000.00 but four additional requests were received one from AVDA for $25,000.00 for their programs, Alzheimer's Community Care, Inc. requested $5,000.00 to help offset the cost of a nurse that would be based in Delray Beach to help with their program, Boca Raton Society for the Disabled asked for $5,000.00 for a Tuition Assistance Program because they only have 15 clients one of which is in Delray Beach and the Urban League requested $5,000.00. Mr. Barcinski stated with regard to the Urban League, the general fund of the $5,000.00 was the same request they made to the Community Development Block Grant Program which will be funding that $5,000.00 as well as some additional money for a foreclosure program. The Drug Abuse Foundation gets their funds through the City's contributions to the Chris Evert Tournament. Mr. Barcinski stated the Commission has three options: (1) make no changes to the budgets as proposed, (2) make no changes to the dollar amount requested, but make changes to the amounts budgeted to each organization, (3) increase the budgeted amounts and provide direction as how to allocate funding. The City Manager stated he received a letter today from Bill Wood with the Chamber of Commerce regarding the Holiday Parade ($1,500.00) which states "with circumstances what they are I think it inappropriate to request this out of the City budget. The Chamber will conduct activities to raise the necessary money from our members to cover the expenses. The City Manager stated that $1,500.00 is available to reallocate or to put back toward the General Budget. -42- 09/03/08 It was the consensus of the Commission to put $1,500.00 toward AVDA for their SK Walk. At this point, Mayor Ellis returned to the dais. Mr. Fetzer stated these are all worthwhile organizations and he would like to give them all what they requested but it is just not financially possible. He stated AVDA does provide a great service in the community and it sounds like their walk is a major fundraiser for them and would like to see the Commission contribute $1,500.00 towards that he feels this would be a gesture that the City is trying to help. It was the consensus of the Commission to put $1,500.00 toward AVDA for their SK Walk and go with Option #2 and keep the budgeted levels the same for everyone else. 9.F. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint one (1) regular member to the Board of Adjustment to serve a two (2) year term ending on August 31, 2010 and one (1) alternate member to serve an unexpired term ending August 31, 2009. Based upon the rotation system, the appointments will be made by Commissioner McDuffie (Seat #3) and Commissioner Bernard (Seat #4). Mr. McDuffie moved to appoint Dale Miller as a regular member to the Board of Adjustment to serve a two (2) year term ending August 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to appoint Kathy Shackman 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: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member and one (1) student member to serve an unexpired term ending on July 31, 2009. Based upon the rotation system the appointments will be made by Commissioner Bernard (Seat #4) and Commissioner McDuffie (Seat #3). Mr. Bernard moved to appoint Regine Celestin as a student member to the Police Advisory Board to serve an unexpired term ending July 31, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to appoint Jason Dollard as a regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2009, seconded by Mr. - 43 - 09/03/08 Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated at the League of Cities Board Meeting the County presented some extensive revisions to their vegetation preservation protection ordinance basically because of their lack of funds they no longer have grant funds available for removal of exotic plants. He stated the League raised no objection to that. Secondly, he stated we are entering the time period where we need to promote the "Let Us Vote" initiative (the County Charter Amendment that will be on the November ballot). The City Manager stated the City will start doing that through publications, the City's website, and the speaker's bureau, etc. The City Manager stated the oral arguments on the Lake Worth case regarding annexation are scheduled for Wednesday, September 10, 2008. He stated the State says you cannot require a referendum if there are less than five or fewer property owners affected in the annexation. The City Manger stated the trial court ruled that even though the property had one owner, that there were more than those affected and this has not been the interpretation of the Statute. He stated this is in litigation and it will be heard by the appeals court. He stated Susan Haynie from the City of Boca Raton and Robert Gottlieb from the Town of South Palm Beach have been appointed to the Palm Beach County Green Task Force. The City Manager stated Commissioner Eliopoulos had commented about missing stop signs at Miller Park and noted that those have been taken care of. The City Manager stated Commissioner Bernard had expressed concern about animal control in the southwest section and commented that several weeks ago the Animal Control Officer removed a dog in heat that was causing many of the problems in the southwest area. The dog was surrendered by its owner as the owner could no longer properly care for the animal. The City Manager stated when this animal was removed the City did not receive any additional complaints relative to dog packs in the area. The Animal Control Officer subsequently attempted additional trappings in the southwest area to capture loose dogs. The trap that was being utilized was vandalized and rendered unusable and the dog that was observed in the trap was set loose by the person who vandalized the trap. In addition, one of the residents on S.W. 13th Avenue surrendered six dogs approximately 10 days ago. The City Manager stated since the female in heat was removed and the surrender of six other dogs by a S.W. 13th Avenue resident very few calls have been received from the southwest area. He stated the City continues to patrol -44- 09/03/08 and answer resident calls as they are received. On August 28, 2008, the Animal Control Officer attended a southwest area neighborhood meeting at the Neighborhood Resource Center and residents in attendance indicated that the loose dog problem was better; however, one residence was beginning to be a problem again. The relative of the owner of the problem house indicated that she would contact a relative and try to get him to take action against his tenant who is causing the problems. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments or inquiries on non-agenda items. 13.C.3. Mr. McDuffie Mr. McDuffie stated he had the opportunity this past week to attend the Green Task Force Meeting held at the Environmental Services Department (ESD). He stated the meeting was very good and commented that Chris Massey with ECO Media was the guest speaker. Mr. McDuffie stated ECO Media is partner with CBS and noted that this is an organization with a lot of revenue behind it. Mr. McDuffie stated the presentation was the partnership that they have with a number of cities across the United States one of them being the City of Miami. He stated they put up signage and solar panels and their theme is that all of this is done at no cost in taxpayer dollars. Mr. McDuffie stated they have a Green Schools Project and the first project is one school per city. He stated there is a television program that they have called ECO zone and another grant they have available is the Green Block Grant. The question was asked during the meeting if that could fund an employee and the answer was "yes" if that employee were totally involved in the green aspects of the city. Mr. McDuffie suggested that the City invite Chris Massey to attend a Workshop Meeting and have him make the same presentation he made to the Green Task Force because he feels it would be of interest to the City and noted that he was very impressed with his multi-media presentation. Secondly, Mr. McDuffie stated they could support and put signs up for Cason United Methodist Church directing people to the community garden. He stated the signage is at no cost to the City and they can also put signs of our choice throughout the City giving green hints to citizens or anything else that is involved through the whole ECO system. - 45 - 09/03/08 Lastly, he stated he received a telephone call from Gladys with Commissioner Greene's office regarding Hilltopper Stadium. Mr. McDuffie stated it is obvious that the Delray Rocks, their families, and coaches are disappointed with the conditions of the facilities that they have got. He stated Gladys and Commissioner Greene thought that Hilltopper Stadium was the City's stadium and he informed them that the City of Delray Beach could not solve the problem for her. Mr. McDuffie suggested that Commissioner Greene as well as the City of Delray Beach speak to the School Board about what they are planning to do. The City Manager will work on that and noted that they came back with plans for the Middle School initially which showed that field being done away with. He stated the City informed them that was not acceptable and it was a violation of the agreement that was made for the whole high school relocation and the use of that facility. The City Manager stated they have gone back and revised their plans so that there will not only be the soccer field as well as the football field. He stated that will still be there and believes they are supposed to leave the lighting standards. The City Manager stated the School Board informed the City that they were planning to demolish the grand stands and they have a safety inspection that was done and they indicated that $150,000.00 worth of repairs need to be done. The City Manager stated he will follow up on the current status because he has not heard anything about the stadium seating in approximately six weeks. 13.C.4. Mr. Bernard Mr. Bernard thanked the City Manager, Lula Butler, Director of Community Improvement, and Jennifer Buce, Litter Prevention Coordinator because he got a chance to witness the citizens cleaning up the southwest side. He also thanked the volunteers and the Police Department for all their hard work. Secondly, Mr. Bernard stated he knows that we have a lot of schools that are "A" schools but he hopes that the City of Delray Beach can work diligently with the schools to make sure that we do not lose some of our children who are not graduating from high school. 13.C.5. Mayor Ellis Mayor Ellis had no comments or inquiries on non-agenda items. There being no further business, Mayor Ellis declared the meeting adjourned at 9:41 p.m. City Clerk ATTEST: -46- 09/03/08 MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 3, 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. -47- 09/03/08 WHEREAS, The Palm Beach County School District has adopted the Character Counts! Character Education program serving as the foundation for character education which is built upon shared beliefs and values; and WHEREAS, the Character Counts! program has six pillars of character: Trustworthiness, Respect, Responsibility, Fairness, Caring and Citizenship; and WHEREAS, the City of Delray Beach wishes to support character education and "encourage everyone in our community to live up to the six pillars of character" by helping to develop character traits within our families, youths, businesses, school personnel, and civic leaders by applying the Character Counts! framework; and WHEREAS, Cities of Character are communities that champion and live by basic universal principals of good character and articulate their values, reflect upon them, and identify practical applications to unify and sustain a caring community; and WHEREAS, character education promotes and contributes to civic pride, S.P.I.R.I.T., and community unity in our government, schools, businesses and neighborhoods. NOW THEREFORE, I, RITA ELLIS, Mayor of Delray Beach, do hereby designate the City of Delray Beach as a City of Character, and October 2008 as CHARACTER COUNTS! MONTH in the City of Delray Beach, and encourage all residents to participate and support the Palm Beach County School District's efforts in providing the Character Counts! Program to our youth. 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 16t" day of September, 2008. RITA ELLIS MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: September 8, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 RESOLUTION N0.45-08 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/515 NORTH SWINTON AVENUE) ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 515 North Swinton Avenue within the Del-Ida Park Historic District. The development site includes Lots 11 & 12, Block 4, Del-Ida Park, and is located on the south corner of Lake Court and North Swinton Avenue. BACKGROUND Prior to the recent improvements, the property contained a circa 1925 two-story, Mediterranean Revival style, single family residence and accessory shed. At its meeting of January 4, 2006, the Historic Preservation Board (HPB) approved a Certificate of Appropriateness (COA) (2005-365) which included alterations and additions to the existing historic residence, demolition of the accessory shed, construction of a 1,130 total square foot two-story detached garage/guest cottage, installation of a swimming pool, and landscaping improvements (not eligible towards the tax exemption). A subsequent revision (2006-10) of the original COA approval was approved by the HPB on February 15, 2006 which included elevation changes to the approved garage/guest cottage, and an additiona1200 square feet to the rear of the principal dwelling. The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was issued on February 15, 2008. The applicant is now applying for tax exemption status for those improvements. The HPB considered the tax exemption request at their August 20, 2008 meeting and recommended approval of the Ad Valorem Tax Exemption Application Parts 1 and 2. The tax exemption will apply only to the difference in assessed value before and after the eligible property improvements. The applicant is now before the City Commission for approval of the request. If approved, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recordation and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. ANALYSIS The project meets the qualifying improvements under LDR Section 4.5.1(M)(5)(a)(i)-(iv) regarding the new construction and alterations to the existing historic property and is compliant with the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.5.1(M)(10), the "Final Application/ Request for Review of Completed Work" was submitted within eighteen (18) months of the CO. The Final Application includes documentation of all costs incurred during the project, and the Historic Preservation Exemption Covenant. The City's Community Improvement Department has verified that the work has been completed, passed the final inspection, and the Certificate of Occupancy was issued on February 15, 2008. As mandated by LDR Section 4.5.1(M)(10), the Historic Preservation Board reviewed the Final Application during its meeting of August 20, 2008, and determined that the completed improvements were in compliance with the previously approved request. Pursuant to LDR Section 4.5.1(M)(12), upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The expenditures for the qualifying improvements total $740,539.86. The tax abatement will be limited to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) and result in an abatement of taxes for a period of ten years from the date of approval. RECOMMENDATION Approve the tax exemption request, "Final Application Request for Review of Completed Work" for site improvements to the property located at 515 North Swinton Avenue, Del-Ida Park Historic District, based upon positive findings with respect to LDR Sections 4.5.1(M)(5)(a)(iii), (M)(5)(b) and (M)(12), and the Delray Beach Historic Preservation Design Guidelines. RESOLUTION NO. 45-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO JAMES AND SANDRA HOESLEY FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 515 NORTH SWINTON AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50-96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Preconstruction Application and received preliminary approval from the Historic Preservation Board on August 20, 2008, for an ad valorem tax exemption for the historic renovation and restoration of the property located at 515 North Swinton Avenue; and WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on 515 North Swinton Avenue, for a determination that the completed improvements were consistent with LDR Section 4.5.1(M)(5) and recommends approval to grant an ad valorem City tax exemption to James and Sandra Howley for the restoration, renovation, and improvement to the property located at 515 North Swinton Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 515 North Swinton Avenue, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.51(M)(5). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owners, James and Sandra Howley, for a ten year period, commencing on 1/1/09, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/09 - 12/31/18, resulting from the renovation, restoration, and rehabilitation of the property located at 515 North Swinton Avenue, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2005-365 and No. 2006-130: Lots 11 & 12, Block 4, Del Ida Park Section 3. Prior to the ad valorem tax exemption described herein being effective, James and Sandra Howley shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the day of , 200_. ATTEST: City Clerk MAYOR 2 HISTORIC PRESERVATION BOARD MEMORANDUM STAFFF REPORT Applicant) Property Owner: James and Sandra Hoesley Property Address: 515 North Swinton Avenue, Del-Ida Park Historic District HPB Meeting Date: August 20, 2008 File No: 2008-163-COA ITEM BEFORE THE:BOARD The action requested of the Board is the approval of Parts 1 and 2 of a Tax Exemption application for improvements to a contributing property located at 515 North Swinton Avenue, Del-Ida Park Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(M). - - BACKGROUND:f PRQJECT DESC'RIPTIQN The subject property consists of Lots 11 & 12, Block 4, De[-Ida Park. Located on the south corner of Lake Court and North Swinton Avenue, the property is zoned R-1-AA (Single Family Residential} and within the Del-ida Park Historic District. Prior to the recent improvements, the property consisted of a circa 1925 two-story, Mediterranean Revival style, single family residence and accessory shed. A contributing structure in the Del-Ida Park Historic District inventory, the Florida Master Site File form notes that the principal structure was not originally located at the present site but was moved there from its original setting. The Sanborn Insurance Maps indicate that the building was moved to the property sometime between 19A~9 and 1963. At its meeting of January ~, 2006, the Board approved a COA (2005-365} for the following: • Alterations and additions to the existing historic residence consisting of replacement of all windows with impact resin#ant windows; installation of impact resistant French Doors; rear existing one story shed addition to be rebuilt and extended; • Demolition of shed measuring at sixteen feet by ten feet (16' x 10') in order to provide sufficient area for the proposed garagelguest cottage; • Construction of a 1,130 total square foot, two-story detached garagelguest cottage containing atwo-car garage and second story guest cottage consisting of a living room, guest bedroom, bathroom and office space. The structure also contains an exterior chimney finished in stucco on the north elevation, a cantilevered stairway with an aluminum rail on the south elevation. Architectural elements include recessed arches above the French doors, cantilevered balconies with wrought iron rails, barrel the hip roof, and cast concrete coat-of-arms. The garage doors, each a single doors, are clad in Pecky Cypress and cover arched openings; • Installation of a swimming pool measuring at eighteen feet by thirty-five feet (18'x35'); • Installation of a four foot (4'} tall aluminum fence, and; Landscape Plan. A subsequent revision (200fi-10) to the original COA approval was approved by the HPB on February 15, 2006 which included revisions to the GaragelGuest Cottage, and additional square footage to the rear addition. 5 ~5 worth S~~r.inPO~~ Avenue; ~'ex, ~.xe~Y~• ~~ ^p~licatio~i, 20G9-1~3-~Csi~ f-fPF3 fL~c,t;i':C;G Ati~uSE 2v. 20'Ju ~1LJa .C ::~ ~i [n addition to the components associated with the approved COAs noted above, all interior improvements are also eligible for the exemption. The applicant is now before the Board to request review of Parts 1 and 2 of the Ad Valorem Tax Exemption Application for the improvements stated above as approved with 2005-365 and 2006- 160. The tax exemption would apply to the expenditures associated with the above exterior and interior site improvements (excluding landscaping) which total $740,539.86 (per submitted invoice list}. Although the landscaping associated with the COA was approved, landscaping is not permitted as a legitimate expenditure as it is not interpreted as a "site improvement", pursuant to the Florida Administrative Code 1A-38. Part 1 is the initial evaluation of the property, and of the improvements included in the application, regarding their eligibility for the tax abatement. Part 2, "Final Application) Request for Review of Completed Work", requires that the Historic Preservation Board conduct a review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work described in the Construction Application. Based on State regulations, an Ad Valorem Tax Exemption can be approved for a project before, during, or after it has been undertaken. The applicant therefore requests consideration of an ad valorem tax exemption as the project is complete. ': AD VALOREM TAX EXEIUIPTION LDR Section 4.5.1{M}, Tax Exemption for Historic Properties Pursuant to LDR Section 4.5.1(M){1), Tax Exemption for Historic Properties, fhe Cify Commission hereby creafes a fax exempfion for fhe restoration, renovation or rehabilitafion of qualifying historic properties designafed. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 100% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying properfy made on or after the effective date of this ordinance. LDR Section 4.5.1(M)(2), clarifies that the exemption does not apply to the following: (a) Taxes levied for payment of bonds; (b} Taxes authorized by a vote of fhe elecfors pursuant to Section 9(b) or Section 12, Article T of the Florida Constitufion; or (c~ Persona! property. LDR Section 4.5.1(M){3), explains the duration of the exemption: (a) The exemption period shall be for ten (9Q} years, beginning January 9st following fhe year in which final approval is given by the Cify Commission and the Palm Beach County Property Appraiser has been instructed fo provide such exemption. However, the Cify Commission shall have the discretion to set a lesser term. (bJ The term of the exempfion shall be spedfied in the resolution approving fhe exemption and shall continue regardless of any changes in fhe authority of fhe City to grant such exempfion or change in ownership of the property. To retain an exempfion, the historic character of the property and the improvements which qualified fhe property for an exemption must be maintained in their historic state over the period for which the exempfion was granted. 5 i ~ Ncrl~ Svusntcs; ~,ven~~; Tax xem ? ks,}~licn~iot'~, 2GCH-9 ~:3-~~fa HF~ It~e~ti€rc Aug€as~ 2v: 2~~ifi F'~c~~ ',~ ~~ v LDR Section 4.5.1{M)(5}(a-b}, provides the parameters for qualifying properties and improvements. The subject property qualifies as it is considered contributing within the Del-Ida Park Historic District. The following, (5)(b), identifies qualifying improvements: {b} Far an improvement to a historic property fo qualify the property for an exemption, the improvement must: (i) be consistent with the United Stafes Secretary of fhe Inferior's Standards for Rehabilitation, as amended; (if) be determined an improvement by fhe Historic Preservation Board as established !n rules adopted by fhe Department of State, Division of Hisforica! Resources, FAC 7A-38, as amended which defines a real property improvement as changes in fhe condition of real property brought about by fhe expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvements shall include, but are not limited to: modifications, repairs, or additions to the principal contributing building and ifs associated accessory structures (i.e. a garage, cabana, guest cottage, storage/utility structures, swimming pools), whether existing or new, as long as the new construction is compatible with the historic character of fhe building and site in terms of size, scale, massing, design, and materials, and preserves the historic relationship between a building or buildings, Landscape features, and open space. The exemption does not apply to improvements made to non-contributing principal buildings or their non-contributing accessory sfructures. (iii) be consistent with Section 4.5.1(E), "Development Standards ; of the City's Land Development Regulations; and (iv} include, as part of the overall project, visible improvements to fhe exterior of fhe structure. The project meets criteria {i) and (ii) through previous approval by the Board of the associated improvements outlined above which constituted its compliance with the Secretary of the Interior's Standards for Rehabilitation, as well as the rules of Florida Administrative Cade 1A-38, promulgated by the Florida Department of State, Division of Historical Resources. The development project meets criterion (iii) per the COA approvals which applied the LDR Development Standards in the assessment of the proposal. Finally, the project meets criterion (iv} as the project encompasses visible improvements to the exterior of the building and related property. LDR Sec#ion 4.5.1(M){7}, Applicafion for Exemption, provides that Parf 7, Construction Application, may be submitted before, during, or after qualifying improvements are infitiated, and Part 2, the Final Application/Request for Review of Completed Work, shat! be submitted upon completion of fhe qualifying improvements. The qualifying improvements were completed prior to submittal of Parts 1 and 2 as the Certificate of Occupancy was issued on February 15, 2008. LDR Sec#ion 4.5.1(M}(8)(a}, Part 1, Construcfion Applicafion, requires that the submitted application contain information concerning fhe estimated cost of the qualifying improvement and be accompanied by a copy of fhe most recent tax bill from the Palm Beach County Property Appraiser for the property. The submitted estimated cost of the qualifying improvements has been calculated at $740,539.86. The most recent tax bill has not been submitted, and is therefore added as a condition of approval. LDR Sec#ion 4.5.1 {M}{9), Review of Construction Application by fhe Historic Preservafion Board, requires that the Historic Preservation Board review the Construction Application within 60 days of fhe Historic Preservation Planner`s determination of eligibility, and; that if Part I of the Construction Application is submitted after the project has been completed, the application must be submitted wifhin 7$ months from the date of issuance of a CO. Further, if the HPB determines that the work a" i ~ ivorrl~ ~~t,~int,^i~~ Av~nuc~; Tex Fx~m 7 F~rplic.atioi~, 2Gu~v-1o~-~C~,0. ~iP6 fi~i~~ir~a 11e;~u~= ~0: 2vi"!~S Faye ~ of a W as proposed is a qualifying improvement and is in compliance wifh the review standards contained in Section 4.5.1(E), fhe Construction Application and, if applicable, fhe COA shall be approved by fhe HPB. However, if the HPB determines that the work as proposed is not a qualifying improvement or is not in compliance wifh fhe review standards confained in Section 4.5.1(E), corrective measures shall be prescribed by fhe Board. As previously Hated, the property received a Certificate of Occupancy on February 15, 2008 which was within eighteen {18) months of the application submittal date. Therefore, the project is eligible far review and, if the Board deems the request to be in compliance, it is recommended that the application be approved. LDR Section 4.5.1{M}{1p}(a-c), Parf 2, Final ApplicatianlRequesf for Review of Completed Work, provides criferia for review of fhe final application: (a) If the Historic Preservation Board determines fhaf fhe work is a qualifying improvement and is in compliance with the review standards confained in Section 4.5.1(E), fhe Board shall approve fhe Final Application/Request for Review of Complefed Work and the Historic Preservation Planner shall issue a written order to fhe applicant. (b) The Final Application/Request for Review of Complefed Wark shall be accompanied by documentafion of the total expendifures of fhe qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, A!A Forms 702- 704, canceled checks, copies of invoices, and an approved building permit application listing fhe cast of work to be performed. Upon fhe receipt of a Final Application/Request for Review of Completed Work and all required supporting documentations, fhe Historic Preservation Board shat! conduct a review of a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance wifh the work described in the Construction Application, approved amendments, if any, and Section 4.5.1(E). After the above mentioned review, the Historic Preservation Board shat! recommend that the City Commission grant or deny the exemption. (c) If the Historic Preservation Board determines fhaf fhe work as completed is eifher not a qualifying improvement or is not in compliance wifh the review standards contained in Section 4.5.1(E), the applicant shall be advised that the Fina! Application has been denied. The Historic Preservation Planner shall provide a written summary of the reasons far fhe determination to fhe applicant. The "Final ApplicationlRequest for Review of Completed Work", Part 2, has been submitted as the work is complete. The final application includes copies of the checks submitted for payment of the work performed. The City's Community Improvement Department has confirmed that a Certificate of Occupancy {CO) was issued for the property an February 15, 2008. LDR Section 4.5.1(M)(12), Approval by the Cify Commission, notes that the approved Fina! Application/Request for Review of Complefed Work by the Historic Preservation Board shall be placed by resolution on fhe agenda of fhe City Commission for approval. The resolution of fhe City Commission approving the Final Applicafion shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant as provided in Section 4.5.1(M)(13) in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including fhe expiration date. Should the HPB make a recommendation to approve the subject request, the item will be placed an the September 1B, 2008 City Commission agenda for approval and subsequently forwarded to the Palm Beach County Property Appraiser's Office and Planning and Zoning Department for recordation. LDR Sec#ior~ 4.5.1 {M)(13}, Hlsforic Preservation Exemption Covenanf, explains the covenant required in order to qualify for fhe exemption: 515 ~Eprt(~ S~r~int~n Avenu~,'T"~x FxSor. t R~piic~ti~i~: 2008.103-GQA I-!F'6 F~~~iirtw AUOt~St 2v: 2%0$ ~'~~g~ 5 ~f b (a) To qualify for an exemption, the applicanf must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term for which the exempfion is granted and shall require the character of the property and qualifying improvements fo be maintained during fhe period that the exemption is granted. (b) On or before fhe effective date of the exemption, the owner of the property shall have the covenant recorded in the officio! records of Palm Beach Counfy, Florida, and shall cause a certified copy of fhe recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on fhe current property owner, transferees, and (heir heirs, assigns and successors. A violation of fhe covenant shall result in the property owner being subject to the payment of the differences between the fofal amount of the taxes which would have been due in March of each of fhe previous years in which fhe covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212.92(3), Florida Statutes. LDR Section 4.5.1 {M]{16](a-d], Revocation Proceedings, provides guidelines to revocation of the fax exemption upon violation of the recorded covenant. (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in fhe event the applicanf, or subsequent owner or successors in inferest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Hisforic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in fhe same manner as in Section 4.5. ~(M)(10), and make a recommendation to fhe City Commission. (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as fo whether the fax exemption shall be revoked. Should the City Commission determine that fhe tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to the owner, fhe Palm Beach Counfy Property Appraiser, and t<led in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, fhe Palm Beach Counfy Property Appraiser shall discontinue the fax exemption on the property as of January 9st of fhe year following receipt of fhe notice of revocation. The Sections noted above regarding the "Restrictive Covenant" and "Revocation Proceedings" are provided to demonstrate that the tax exemption is binding, and if violated, the property owner would have to comply with the consequences. ANALYSIS The tax exemption request complies with the criteria contained in LDR Section 4.5.1 {M} as the Board approved the associated improvements by making positive findings with respect to the applicable LDR Sections, Delray Beach Historic Preservation Design Guidelines, and Secretary of the Interior's Standards for Rehabilitation. Therefore, positive findings can be made with respect to LDR Section 4.5.1 {M}. ---- ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application, including Parts 1 and 2, regarding files 2005-365 and 2006-160 for improvements 61 h ~~~ih~ S~x~int~n f,ven€;~, ~GX x~rr3- ? R~aplir2iia~~: 20s 8-163-~C3A h-Ip~ IL~wLitt~ A~gu~t 2~;, 2uC~8 P~,qc ~ ^f 5 to the property at 515 North Swinton Avenue, Del-Ida Park Historic District, based upon positive findings with respect to LDR Section 4.5. ~ (M}. C. Recommend denial to the City Commission of the complete Ad Valorem Tax Exemption Application, including Parks ~ and 2, regarding files 2005-365 and 2006-160 for improvements to the property at 515 North Swinton Avenue, Del-Ida Park Historic District, based upon a failure to make positive findings with respect to LDR Section 4.5.1(M). Motion to be phrased in the affirmative. See above.} ~~ RECOMMENDAT#ON Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application, including Parks 1 and 2, regarding fides 2005-365 and 2006-160 for improvements to the property at 575 North Swinton Avenue, Del-Ida Park Historic District, based upon positive findings with respect to LDR Section 4.5.1 {M}, subject to the condition that the ,tax bill is submitted prior to review by the City Commission. Repart Prepared by: Amy E. Alvarez, Historic Preservafion Planner Attachments: • Ad Valorem Tax Exemption Application • Photographs of Before and After • Plans approved by HPB D03 Form No. HR3E101292 Revised 09/03/00 Read the attached instructions carefully before completing this application. Your application cannot be evaluated unless it is complete and all required supporting materials are provided. In the event of any discrepancy between the application form and other supplementary material submitted with it (such as architectural plans, drawings and specifications), the application form shall take precedence. Type or print clearly in black ink. If additional space is needed, attach additional sheets. CTENIi•RAI., li~p'{1I214'IaTI{?k! ~T~ ne c~tttplzted t?} ~tl appttc,artt.s') 2. Property identifcation and location: Property Identification Number (from tax records): ~ ~ `f 3 'f ~ ~~ Address ofproperty: Street ~ ~~ ,~1~~-~Yi City ~C,{ EZ.QJ~ ~.LA--CLL County tX1'~ 0 [ ! D Attach legal description of property Zip Code ~3`~ ~~ ` {)Individually National Register listed (~ Locally designated historic property or landmarlc* O In a National Register district (~ In a locally designated district * For applications submitted to the Division of Historical Resources, attach a copy of the local designation report for the property and the a~cial correspondence notifying the property owner of designation. Name of historic district ~L~[ ~ dG~, ~a~k ~hI Uhl For locally designated historic properties or landmarks, or properties located in locally designated historic districts, provide the following additional informatio/n~,: f Name of local historic preservation agency/office t~ ~ ~L'~ ~~' ~~fl L' I ~~se~~~~' Mailing Address ~ ~ ~ ~~ ~„~ ~ ~/P.M~1A Q~ City ~el,~- ~- State ''t t • Zip Code ~~ ` Telephone Number (_~p!) 2'f3 "" J ~ b'"I 2. Type of request: Exemption under 196.1997, F.S. (standard exemption} (} Exemption under 196.1998, F.S. {exemption for properties occupied by non-profit organizations or government agencies and regularly open to the pubic} If applying under s. 196.1998, F.S., complete Question 9 on page five. 3. Owner information: Name of individual or organization owning the property CJE.i,VI~rC~ f t V~c'S Mailing address [f ~~ VU+~OC~5~~C~'1~1 C`~. City ~QICL' ~~eS-'~ Stralte ~~~ i 1~U~ S Zip code +!0~0~~ Daytime Telephone Number (~ /) ~~`i - ~ ~~~ If the property is in multiple ownership, attach a list of all owners with their mailing addresses. a~ 5r~~ ~n ~ ~~~i~ ~" 1 DOS Form No. HR3E101292 Revised 09/03/00 Property Identification Number ~1{a ,"}"~~3 '"1 ~ ~~ ~j~~ ~ d ~ ~ ~ I ~ ~ Property Address ~ ~ ~ I}~~-"}V ti ~ Y~'~01~1 YIV~YI (~I-t/ 4. Owner Attestation: 1 hereby attest that the information I have provided is, to the best of my knowledge, correct, and that I own the property described above or that 1 am legally the authority in charge of the property. Further, by submission of this Application, I agree to allow access to the property by representatives of the Dzvision of Historical Resources or the Local Historic Preservation Office ,where such office exists, and appropriate representatives of the local government from which the exemption is being requested, for the purpose of verification of information provided in this Application. I also understand that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government granting the exemption in which I mast agree to maintain the character of the property and the qualifying improvements for the term of the exemption. 5a~~~~ ~n~~ ~ ,~1~. ~!ly Name Signature Date Complete the following if signing for an organization or multiple owners: Title Organization name __ Ff~•'ALU:~"l`ION O)4 PROPLRTYT~LIGI1;lI~lT~' __ _ _ ___ __ __ (To be completed only for properties in historic or archaeolosical districts): 5. Description of Physical Appearance: I~ ~v~~ea~`~~ Co~l~cu'c~5 a two-~~~, yr,~~~ ~Qr~-r~ ~ )~f~S ~~gic~~e~- ~ ~~ ~~.~fec~~c~vle~.rn ~evtl~a~ 1~~1 c(,e~-~-, ~ G~- Con~ri~~+~t~ ~DoG~ ~Ya~- Crms~u-ed~'i1n Clc~ ~~ s~~ecc~ ~,~ ~ t ~,1 ~da- ~Q~I~ fJh'hfi~~'i ~ ~rSfiYiG~` T~r/wz~~~ . w~~ d~. ~ f g (~ I wr~od~vt `~ ~ ~vo , Date of Construction .~ ~• Date(s) of Alterations} ~ ~ +L ~ (~~Q Has building been moved? (},(}Yes ()No if so, when? ~ ~ y 6. Statement of Significance: '~~~ ~GXI ~-~ ~`csi c~~- ~~ ,~~ S N. ~. ~"~ ~ ~a.r~ 5firu.e~w~- Ju11'If"~~ ~~~-~ • UJ ~- ~r37~Y Jl~tt,'1~n (~' DOS Form No. H1Z3E] 01292 Revised 09/43/00 • ~ ~ • a /~ • Property Identification Number ~~ `'~'~ ~~P U R ~ ~ D~ ~ ~ < < ~ Property Address ~ ~ ~ ~ ®~"I Vti ~,C~~ 1~~d~ ~VQ/V~(IG~ 7. Photographs and reaps: Attach photographs and maps to application. DOS Form No. HR3E101292 Revised 09/03/00 Property Identification Number J 01 "~ ~ '1" ~ ~~ ~ `! ~ a e ~ ~ ` Property Address :J ~ ~~'~ C~W~ ~~ 1! Y~~~ Feature 7 Approx, dat of feature Describe existing feature and its condition: ~~~, L- 4r,-rh L(lGr4 ,~~ ~v ; Wes' ~aYuri~- ~-C~'a . Describe work and impact on existing feature: 1,ZUXp~~~~G~L',C~ "L~ r ~b~ i,(~ti ~~~ `~~ ~~ /~~~- . ©[l~. Photo no. ~ Drawing no. ~~ Feature K ~ ,~}~ a ~ 0~ , Approx, date of feature Describe existing feature and its condition: I ~~m~~- ~~~ c~ ~do~ Describe work and impact on existing feature: ~m ~o emu"' ~~~-- ~cl~s ~ ~eLc. , v~5 C~~~,r.~ max"e r,~ f~~n, ~, rn,Gu~ ~o Ihz ~` ~l~ ~ curve no. Drawing no. Feature ~~1~~ dQ~. I~~~7t3Yti Approx. date of feature Describe existing feature and its condition: ~~ ,~TCI~ Ga,~as`~f3 ~ !~ fps ~~5~ oto no. Drawing no. ~a Describe work and impact on existing feature: ~I.riv~- Qixal ~- ~1~~-~ ~~.~, Wes- L~,L~P.,~ `~ ~ ~ y~" '6~Ch~~~ ~~ {To be completed by all applicantsl: Complete the blocks below. Include site work, new construction, aIteratians, etc. DOS Form No. HR3E3 OI292 Revised 09/03/00 Property Identification Number (~ ~~ ~ ~~ ~~ ~(~~ ~t~~ Property Address Feature ~h~ fl Approx. date of feature ~r~fn-~n ~~e., Describe existing feature and its condition: ~~ _ ~. y, ael~(- Gam- ~~ , w ~ - ~~ ~ ~~~~~ no.• yawing no. 1S, ~~ ~f~ i ~°~ Describe work and imgrypapc~t~on~~e~xi~stin/~1yg`-f({/e~/attire: (rn~Ic,~ a ~f~ hcd~o~'+ ~ nd~w5/ k~arG tai P, ~- ~.«~ ~ ~-vYw ~C~~ > i Feature jy~'/l~~ Describe work and impact on existing feature: Approx. date of fee •~- . /~ 1, Describe existing feature and its condition: ~!~"~f~/~' ! ~ ~ ~~ r~//.I~~c~'. ~: , -~ Photo no. Drawin no. ~ ~~, ~ Feature Describe work and impact on existing feature: Approx. date of feature _ Describe existing feature and its condition: ~- c,Ufi/~E~i t.1~U-t, la~~ ~ 7 ~C ~l~w-n- ~~~~~ t Photo no. ~ Drawing no. ~2 ~~un~ ~ ,Cezvx~- U%~- DOS Form No. HR3E101292 Revised 09/03/00 Property Identification Number ~ ~ ~ J ~ ~(i ~ ~] p~G} d (~~ ®~ ~ ~ , Property Address ,~~~ N. ~~~~'(~~ Feature Approx. u/~i Describe work and impact on existing feature: -~E1 U CCi/L ~rli~'w ~~~~ Describe existing feature and its condition: wood~c. ~nru.a~. ~~ ~ U~: -f~~-cry cQ,~r~e~ccw, ~jrorec.~. ~~`v~ot.''~ t~v~a tom. , U no. Approx. date of feature Describe existing feature and its condition: l~1d c~~`V~do-u~s -~u~ -_. ~- no. Drawing na Describe work and impact on existing feature:. M~ h~eer,~.~~~~t~.`~-, .~ ~~-~ Feature~~~~~ ,/,p (,(d/J1(~.S Approx, date o fea e ~^^~vt~ 5~Q ti~S e Describe existing feature and its condition: ,~~lc ~~w ~,r~tf~h, , ,~u~ ~,~- a ~,.,.~~, P no. Drawing no._ Describe work and impact on existing feature: ~ _ ~ ~ .~' ~~ . cures-~'~' j~- ~~~ ~~ ~ e~C~~~ , ~ Da ~ ~ QCIL~t ~ i ayt I5~ ~rx~- ~ ~a~ ~~ ~~ • ~ (~~'{V ~ ~ ~ dig ~-~ 2c~a~,-~ .~ 7, 5~, 5~, ~~, G 1, ~ ~, fa 3 (t ~. DOS Form No. HR3EI01292 Revised 09/03/00 Property Identification[ tNumber y~,, ~ (/ ~~., ` ~ "l D V 7 ~ ~ 1 Property Address ;J i ~'I l'. I ~ r 1 YQ~`(,l~,Qi Pra~erty iisc (To he c 1. Uses} before improve 2. Proposed use{s) after improvement: ~~~)~~~ rit-l- ~~~- e ~~tCl~ll ~4EIIl~t1o11 (C'trmplrtc o~[ly if applS~n~ 1'i;r e~entpti4si: u[~d~r s. i9fi.i9yti, F.ti, (propet't~" occupied by non-prop"or~;:lnicaiion ur ~~r3ver[1n[rnt :i~;enr~ al[d re~~ularl~~ upon to the public): NOTE: ,4pplicants should check with local officials to determine whether or not the exemption program offered by their municipal government and/or county allows the special exemption provided by s. 19G.1998, F.S. 1. Identify the governmental agency ornon-profit organization that occupies the building or archaeological site: 2. How often does this organiza#ion ar agency use the building ar archaeological site? 3. For buildings, indicate the total useable area of the building in square feet. (For archaeological sites, indicate the total area of the upland eomgonent in acres) square feet{)acres{ ) How much area does the organization or agency use? square feet{)acres{ ) 5. What percentage of the usable area does the organization or agency use? 6. Is the property open to the public Oyes (}No If so, when? 7. Are there regular hours? ()Yes ()No If so, what are they? $. Is the property also open by appointment? (}Yes ONa 9. Is the property open o~ by appointment? (}Yes ()No DOS Form No. HR3E101292 Revised 49/03/00 • . . • PART 1 APPLYCATTON REVYEW For Local Historic Preservation Oi'l~ce or Division Use Only Property Ydentification N~um..ber ii Property Address /~ ~ fit The (~bocal Preservation Office ( }Division has reviewed the Historic Preservation Property Tax Exemption Application far the above named property and hereby: ,Certifies that the above referenced property qua_lifi_es_as a historic property consistent with the provisions of s. 196.1997 (11}, F.S. ()Certifies that the above referenced property does_ not_gualify as a historic property consistent with the provisions of s. 196.1997 (11), F.S. ()Certifies that the above referenced property qualifies for the special exemption provided under s. 196.1998, F.S., for properties occupied by non-profit orgazuzations or government agencies and regularly open to the public. {) Certifies that the above referenced property does not qualify for the special exemption provided under s. 196.1998, P.S. Review Comments: Additional Review Comments attached? Yes( ) Signa Types Title Date ~~~a ~ ~~~' __ DOS Form No. IIR3 E 101292 Revised 09/03/00 ' ~ • • ~ . ~ PART 2 APPLrCATION REVYEW For Local Historic P~-eselrvation Office or Division Use Only Property Identification Number Property Address The (cal Preservation Office { )Division has reviewed the Historic Preservation Property Tax Exemption Application for the above named property and hereby: S Determines that improvements to the above referenced property are consistent with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitatin Historic Buildin s, and the criteria set forth in Chapter 1A-38, F.A.C. {)Determines that improvements to the above referenced property are nat consistent with the Secretary of Interior's Standards far Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the criteria set forth in Chapter 1A-38, F.A.C. All work not consistent with the referenced Standards, Guidelines and criteria are identified in the Review Comments. Recommendations to assist the applicant in bringing the proposed work into compliance with the referenced Standards, Guidelines and criteria are provided in the Review Comments. Review Comments: Additional Review Comments attached? YesO No{ ) Signature ~. ~ -' Typed or printed name ~ . Title ~~Gp , ~L ~~.~E'~'Un `~~+r") \~[ f-T . -- Date D05 Form No. HR3E101292 Revised 09/03/00 Upon completion of the restoration, rehabilitation or renovation, return this forth with photographs of the completed work {views of site improvements, exterior and interior work for buildings) to the Division of Historical Resources or the Local Historic Preservation Office, as applicable. These photographs must provide a comprehensive description of the completed work. They should be the same views as the before photographs included in Part 2 of the application. Type or print clearly in black ink. The final recommendation of the Division of Historical Resources or the Local Historic Preservation Office, as applicable, with respect to the requested historic preservation property tax exemption is made on the basis of the descriptions in this Request for Review of Completed Work. 1. Property iden#i#ica#ion and location: ~,p `~ Property Identification Number: ~~ ~~ ~ ~ ~`/ ~ ~ UQ ~ ~ ~' Address of property: Street ~~~j 1 y ~1~~1 ~(,(11 ~}~ _ _ _ l"1 i~~j'[,(,(,Q "~ City ~ Yet ~.G~Z~ Countyf ~{~ Zip Code , ° ~ T T ~, 2. Data on restoration, rehabilitation, or renovation project: L(~~/ Project starting date, _ p'~On7 _ __ _ Project completion date: 9 (~V.~ ~ ~ a ~~ Estimated cost of entire project: $ ~ 5E~ i1~ ~d V Estimated costs attributed solely to work on historic buildings or archaeological site: $ ~ ~~ 3. Owner Attestation: I hereby apply for the historic preservation property tax exemption for the restoration, rehabilitation or renovation work described above and in Part 2 of the Historic Preservation Property Tax Exemption Application (Application) submitted far this project. I attest that the information provided is, to the best of my knowledge, correct, and that in my opinion the completed project conforms to Tlze. Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatin Historic Buildin s, and is consistent with the work described in Part 2 of the Application. I also attest that I am the owner of the property described above or, if the property is not owned by an individual, that I am the duly authorized representative of the owner. Further, by submission of this Application and Request for Review of Completed Work {Request), I agree to allow access to the property by representatives of the Division of Historical Resources or the Local Historic Preservation Office, where such office exists, and appropriate representatives of the local government from which the exemption is being requested, for the purpose of verification of information provided in the Application and this Request. I understand that, if the requested exemption is granted, I will be required to en#er into a Covenant with the local government granting the exemption in which I must agree to maintain the character of the property and the qualifying improvements far the terrrt of the exemption. I also understand that falsification of factual representations in this Application or Request is subject to criminal sanctions pursuant to the Laws of Florida. Name ~ Signature Date Complete the following if signing for an organization or multiple owners (See next page for additional owners): Title Organization name Mailing Address. City State Zip Cade Daytime Telephone Number ]705 Form No. HR3E101292 Revised 69/03/00 ' . - • ~ • List Additional Owners: Name Street City Name State Zip Code Street City Name State Zip Code Street City State Zip Code If there are additional owners, provide the indicated information for each on a separate sheet of paper. RYti'iL~i' [)~~' C:ONCYL,ETLD `~'ORh Fur Li}cal Historic F're5ei~-atitfn Office c~z' Dig°isi~t~~ [1sc 4)nly~ Property Identification Nnrnber Property Address The ( )Local Historic Preservation Office ( )Division has reviewed Part 3 (Request for Review of Completed Work) of the Historic Preservation Property Tax Exemption Application far the above named property and hereby: Determines that the completed improvements to the property are consistent with the Secretary of the Interior's Standards_for Rehabilitation and Guidelines for Rehabilitating„Historic Buildings, and other criteria set forth in Chapter 1A-38, F.A.C., and, therefore, recommends approval of the requested historic preservation tax exemption. { }Determines that the completed improvements to tlae above referenced property are not consistent with the S.ecretar_y of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and other criteria set forth in Chapter 1A-38, F,A.C., and, therefore, recommends denial of the requested historic preservation tax exemption for the reasons stated in the Review Comments below. Review Comments: DOS Form No. HR3E101292 Revised 09/03/06 Property Identifrcation Number ~~ 73 ~tP ~ q pt `1 ~ ~ I ~ ~ ! ~ ~ , s Address of property: Street ~~S ~ ~W~~~ City ~Rf ~.~ County ~~~ /J~ C~, Zip Code ~ J 7 7' Y 1. Amendment Description: Indicate all changes in the project work, giving the originally proposed treatment and the amended work item description {use additional blank sheets if necessary): -~o~~ ~u,~ ru~or ~.. rte- _ ~~ -~~ c 6 (fit, Q,ec.~C FyI~L ~~rn l ~c~m, 2. Attach photographs and drawings as necessary to illustrate the proposed changes. ~~~1~ ~~5 ~~ ~ ~ ~ ~~~ Name Signature Date Complete the following if signing for an organization or multiple owners (See next page for additional owners): Title Organization name Mailing Address City Daytime Telephone Number ~} State Zip Code Lut~l f~ist~-r'ic V~'eserv~~tioll (~€t~ce=ur• I)i_vi4i~-n-=lE~t* C),ttl,y The ( )Local Historic Preservation Office or ( )Division has reviewed the Amendment Sheet for the above named property and hereby: {)Determines that the work described in this Amendment to the Historic Preservation Property Tax Exemption Application far the property is consistent with the Secretary of the Ynterior's Standards for Rehabilitation and Guidelines for Rehabilitatin Historic Buildin s and the criteria set forth in Chapter 1A-38, F.A.C. ()Determines that the work described in this Amendment to the Historic Preservation property Tax Exemption Application for the property is not consistent with the Secretary of the interior's Standards for Rehabilitation and Guidelines for, Rehabilitating Historic Buildings, and the criteria set forth in Chapter 1A-3$, F.A.C. All work not consistent with the referenced Standards, Guidelines and criteria is identified in the Review Comments. Recommendations to assist the applicant in bringing the proposed work into compliance with the Standards, Guidelines and criteria are provided in the Review Comments. ~ I LEGENU• ~ ~' = C£NTE•RLd'~ CDNG = CQNCRETE ~ `~`~a COV7J = COVFJZED J U7 = 5/8° A?ON ROO WITH CAP ~L8 353 [la p`'c~~~ W~LI =WATER METER ~ ~ / y 4, p ~l~cp`'c FFI = F87E HYDRANT m'e P ~ = 1'lATER VALVE ~~•~-~~ = CHA~V LB+!!C FENCE ~~ T ~ ~ r ~ o e° . ~0~~, --~-~ = WaoD FENCE r~ = ovERr~Ap ur~rrY Lr~rEs •~ ~ / ~` ~ ~ FLOOO zCNE~ x o/ ap .,~,~ '~~ i ~~ ~ o~, ~s ~'R ~G'/r-~O -i. _-- ~ ~~ r ~ x~' h' ~+.lf ~ ~ a7• cY~ s`ue' ~ y ~ ~ ~~r Z I 1 ~ \ ~g ~~~( G~ sn• ems" 0 `_ {~ 0 G / 4~ ~ ~ ~ ~U' / ~ a \. i ~ ti 8~ ~ o ~ LoT ~2 ~ ~~ ~. aa. ~~~G BLOCK 4 rwc. ~. ~ ~.. ~ I 6 C~ .'~: C PaE WrM ~5 ~~ .J ~ ~~ ~ ~ ~ 59>63' ~ ~ ~0 QG~ ~ ~ ~ . ~ ~ ~~ ~ LOT .94 ( BL©cK ~ MAP OF BOUNDARY .SURVEY ,XSff 1 HEREBY CER77F'Y THAT fN15 SURVEY WAS AlADE UNDER MY RESPON,AYiLE CHARGE Ahb NE£r5 r{~~M1NkIfG4A rECF1f~BCAL STANDARDS A5 SST FORTHBY T71E FLO~DA eOARDOFPRDF£S51CWA! 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Y; i .:,~.a roo v,wcara SN'P"ld 2100'ld 39YZ17`.} •••••~R, .~...a„ +~+ a wroau wee aren3a 3nwnv npu~urs'N sus i°r"n°"Tr iu~ ~ u~arana ~' ~ ~~ ~~ ~ F ~ ~~~ s ~ ~~~ 3~N3d1s3~[ Jl3l.S3DH.3Hi ~t+rr st~3tt>f.~ab~do~ _ - ~ ~~~s~~,x ~ °~`~`~"~' ~I i ~` ''~. 1 ~' . -, 9 ~ r 9 ~ ~ ~ Q s~ w Q ~j D 5 ~3 M .~ s~niav,i~-ia aaiaalx~ 1 .,~~~ ~~~ KNaol3'H7I39 AVttT30 .mw.~....~.~.ua,.v. _. f :a x a 3~+C1~Y NOLiWS"t! 515 ~H%KnvwLair~i i'~orea wvy~pq ~ ~ £~ " ~ -=' o ,,.s,.e„.«., 3~N3©1S321 A~'35301i 3Mi ~N! `SL~31ll,1.~?IV 3do.7 ' ' .' {~ & ~ ~3~ Y ~ ',, ~~ < 2 s~ l~ ~u MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: September 8, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 RESOLUTION N0.46-08 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/214 S.E. 7TH AVENUE) ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 214 SE 7th Avenue within the Marina Historic District. The development site consists of Lot 21 of the Gracey-Byrd Subdivision of Block 119, Map of the Town of Linton Plat (now Delray). BACKGROUND Prior to the recent improvements, the property contained a 1,083 square foot, contributing, wood frame, single-family residence circa 1935. At its meeting of May 17, 2006, the Historic Preservation Board (HPB) approved a Certificate of Appropriateness (COA) for alterations and an addition to the contributing structure including the partial demolition of 262 square feet, construction of a 1,038 square foot, one-story addition and entry porch, landscaping improvements (not eligible towards the tax exemption), and a variance request to the side interior setback requirement. The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was issued on April 2, 2008. The applicant is now applying for tax exemption status for those improvements. The HPB considered the request at their August 20, 2008 meeting and recommended approval of the Ad Valorem Tax Exemption Application Parts 1 and 2. The tax exemption will apply only to the difference in assessed value before and after the eligible property improvements. The applicant is now before the City Commission for approval of the request. If approved, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recordation and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. ANALYSIS The project meets the qualifying improvements under LDR Section 4.5.1(M)(5)(a)(i)-(iv) regarding the new construction and alterations to the existing historic property and is compliant with the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.5.1(M)(10), the "Final Application/ Request for Review of Completed Work" was submitted within eighteen (18) months of the CO. The Final Application includes documentation of all costs incurred during the project, and the Historic Preservation Exemption Covenant. The City's Community Improvement Department has verified that the work has been completed, passed the final inspection, and the Certificate of Occupancy was issued on Apri12, 2008. As mandated by LDR Section 4.5.1(M)(10), the Historic Preservation Board reviewed the Final Application during its meeting of August 20, 2008, and determined that the completed improvements were in compliance with the previously approved request. Pursuant to LDR Section 4.5.1(M)(12), upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The expenditures for the qualifying improvements total $190,000.00. The tax abatement will be limited to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) and result in an abatement of taxes for a period of ten years from the date of approval. RECOMMENDATION Approve the tax exemption request, the "Final Application Request for Review of Completed Work" for site improvements to the property located at 214 SE 7th Avenue, Marina Historic District, based upon positive findings with respect to LDR Sections 4.5.1(M)(5)(a)(iii), (M)(5)(b) and (M)(12), and the Delray Beach Historic Preservation Design Guidelines. RESOLUTION NO. 46-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO ROBERT AND GLORIA SPICER FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 214 S.E. 7t'' AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.51(M)(5); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50-96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Preconstruction Application and received preliminary approval from the Historic Preservation Board on August 20, 2008, for an ad valorem tax exemption for the historic renovation and restoration of the property located at 214 S.E. 7t'' Avenue; and WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on 214 S.E. 7t'' Avenue, for a determination that the completed improvements were consistent with LDR Section 4.51(M)(5) and recommends approval to grant an ad valorem City tax exemption to Robert and Gloria Spicer for the restoration, renovation, and improvement to the property located at 214 S.E. 7t'' Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 214 S.E. 7t'' Avenue, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.51(M)(5). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owners, Robert and Gloria Spicer, for a ten year period, commencing on 1/1/09, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/09 - 12/31/18, resulting from the renovation, restoration, and rehabilitation of the property located at 214 S.E. 7t'' Avenue, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2006-236: Lot 21 of the Gracey-Byrd Subdivision of Block 119 Section 3. Prior to the ad valorem tax exemption described herein being effective, Robert and Gloria Spicer shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the day of , 200_. ATTEST: City Clerk MAYOR 2 i ~ ~- iy ~~ ~-ti fir. :~ ^ ~_ y ~ r_ ` `Y~ ~f~ ~~ ~ i~ }~ ~~ Ul :~. ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 10, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 FINAL SUBDIVISION PLAT APPROVAL/ALTA CONGRESS REPEAT ITEM BEFORE COMMISSION The item before Commission is approval of the Alta Congress plat. BACKGROUND The Alta Congress redevelopment is located along the west side of Congress Avenue between SW 10th Street and West Atlantic Avenue. This project is a re-plat of Tract A-1 and a portion of Tracts A, B, F and E-2, Congress Park, as recorded in Plat Book 44, Pages 194 and 195, Public Records of Palm Beach County, Florida and Lying in Section 18, Township 46 south, Range 43 East, Delray Beach, Palm Beach County, Florida. This plat was processed as a minor subdivision; therefore, it is forwarded directly to City Commission for final action. No other Board review or action was required. A reduced copy of the proposed plat is attached. 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U~ I S R \ c~ ~- _ V-~-- `~ t W = ~ ~ ~„ _ ~\,, \ .~O O M„OD,0~0 N w~~ \ ~\ \ ti «~ 3„00,00.00 N~°b, ~~ i G g \ ^~ \\ ^, ~' 'Os \ \ ~ ~ R" :w ._~ - - ~' _'~• ~~' ` r' - 1 I I min w R R ~ ~ ='B C~ I- U ~~ ~ ~~ ~ ~~ ~ 'ON 133HS Ol HOldW CV O z w In U Q JN)138V3 Ni!!OB/3d108QM ~--+ v, O U m Q =a a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a Z ~_ C~ U (~ N m (~ L 0 0 N N r MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, PE, Asst. City Engineer Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 10, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 WATER EASEMENT DEED/CONGRESS PARK BUSINESS CENTER ITEM BEFORE COMMISSION Approval of an exclusive 12-foot water easement deed for the relocation of an existing fire hydrant for Congress Park Business Center. This project is located at 420 South Congress Avenue. BACKGROUND The existing fire hydrant is being relocated due to site plan revisions and for compliance with the Fire Department requirements. RECOMMENDATION Staff recommends approval of the water easement deed. Prepared by: RETURN: tt. Brian Shutt, Bsq. C€ty Attorney's Office 200 N.W. 1st Avenue Delray Beach, 1Alorida 33444 E~1$EMENT ®EE® THIS INDEI'~1TURE, made this 3rd day of September, 2008, by and between RI~EEI+ AIVIERICA REIT III C®RI'. N':~, a Maryland corporation, with a mailing address of 875 N. Michigan Avenue, 41s` Floar, Chicago, Illinois 60611, party of the first part, and the CI`T`Y ®lk DEI.RAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation 'rn Palm Beach Caunty, State of Flarida, party of the second part: 'WITNESSETH: That the party of the first part, for and in considcratian of the mutual promises herein contained and other goad and valuable carlsiderations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of wa}r and perpetual eas~r-neat for the ptrrpnse of the eanstruction and maintenance of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main well under, across, through and upon, over, under or within the following described property located in Palm Beach Caunty, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. "l'hat this easement shall be subject only to those easements, restrictions, and reservations of record, That the party of the first part. agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. ~•he party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above described property; provided, however that the party of the fast part may install sidewalks within the easement area. [.EGAL.,0213[3~26447~2 It is understood that upon completion of such construction, alI 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. Pa~~ty 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 ].awful authority to grant the above-described easement a~~d that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. 1N WITNESS WHEREOF, the parties to this Easement Deed set their Lands and seals the day and year first above wi-ittene Witness #I: RREEF AMERICA REIT III CORP. NN, a ~ Ma~~yIand corporation ~dir~ {name punted or type written) ~~~~ By: Nan"le: IV are^o v9 ~ d' 1"1 ~ -4~~ _~ Witness #2: Title: _____ ~f.~e~ ~~ c szo ~~~ {na~r~e printed or type written) STATE OF ~11~ ~a~ ~ COliNTY OF ~ T e foregoing instrument was acknowledged before me this ~4~ day of , 20~ by ~t r~ , the ~ .._~~~ ~ of RREEF AMERICA REIT ILI CORP. NN, a Maryland corporation, on behalf of the corporation. HelShe is personally known to ~xre or has produced (ty f identif a ion) as id i~~cation. Signal r of Notary Public State of ~l i r~ji {SEAL] OFFICIAL 5£AL tYt~ii~€ GEMMELLARO NOW1Y PU8t1G, STATE OF ILLINOIS ray comm. ~~. a2~28112 L,ECs A Lt)21:i 0926497 v2 CONSENT OF I,,ENDER The undersigned, STATE ~"ABM ~3ANK, F.S,~o, a Federal savings bank ("Lender"), is the owner and holder of that certain mortgage from RREEF ,4lVlEitiCA RFIT iii CORP. Nl'~l, a ie!faryland corporation, dated March. 22, 2007, which is duly recorded in the Cleo°k's Office f the Circuit Court of Palm Beach County, .Florida at Official Records Book 21601, Fage I295 on Agri] 9, 2007, as the same may have been further amended {the "Mortgage"). Lender, as the owner aid holder of the Mortgage, hereby consents to the foregoing Easement Deed (the "Agreement") to which this Consent is attached, and Lender agrees that all of its right., Title anti interest in and to the real property described therein existing by virtue of the Mortgage shall be bound by and subject to the restrictions, servitudes, easements and other terms and provisions of the foregoing Agreement, and the Agreement sha.k.1 survive any foreclosure, deed in lieu of foreclosure andlor exercise of any remedy by Lender pursuant to the Mortgage. WITNESS #l: LENDER: {nazxse printed ar typed) W7T1~1ESS #2: ~*? (Warne printed or typed} STATE OF ~~° ~~~ COUNTY OF ~ '"~ STATE FARM I3ANi~, F.SaB., a federal savings bank Name: ~ ~~:4t. ~~;~ Title:~~~l.~ _';~e~a~r'~ay?~!lCt~t.., The foregoing instrurrient was aeknawlcdged before me this day of „~ ~~ , 20~J by ~t~ ~~ ~~~~~ (name of officer ar agent), of m ~, .~~- (Warne of corporation), a (Stag or place of incorporation) corporation, on behalf of the corporation, He/Sloe is personally known to me or has produced (type of identification) as identification and didldid not take an nath. Signature of Notary Public State of ~~ i~•S {SEA.L) r.~t,n~~z~3~~zsa~wz I ~ 1 ~ fY UTILITY EASEl4ilENT PORTION QF TRACT C 'REPEAT OF CONGRESS PARK SOUTH" PLAT BOOK 71, PAGES 190-191, PBCR CJ S9D'OO'p0 "W 5.97' F~. U ~ E LINE o TRACT C N q~ Q C7z p ~- ~'} ,p p ~y S~J ~"PU y~G7 ~~ ~ U POC SW GORNER "TRACT D N LINE TRACT A ~ 2 00 ~ N89'48'48"W ' . 3.82 Poe ~ ~ ~ ~ Q ~~ ~""l F-. U N h W ~ ~ N O N ~ ~- I Z g 1 CO NV 9 ~'p'8 ~4U NYV E Fem. d ~O U ~, ~ O ~~ ~ ~4 ~ N LINE OF EXISTING 12' WATER EASEMENT i ~~ SURVEYOR'S NDTES: 1. NOT /ALlD YS~ITHOUT THE SIGNATURE AND OR1GlNAL RAISED SEAL OF A FLORIDA LICENSED SUR/EYOR & MAPPER. 2. BEARINGS SHOWN MEREDN ARE RELA TI ~/E TD 'REPLA T OF CONGRESS PARK SOUTH ", RECORDED iN PLAT BOOK 71, PAGE 190-•-]9], OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. 3 THIS !S NOT A LAND 5UR~lEY. ,~S~LUTE S~~C'VE~~N~i ~NC. LAND SURliEYDRS 215 CgL7L58Y 8L liD. DEERflELD $EACH, FL 33442 (9S4) 421-4170 L1CEN5E"D BUSINESS No. LBfi218 LEGAL DESCRIPTIOhf. POR770NS DF TRACT C, ;4EPLAT OF CONGRESS PARK SOUTH", ACCORdING TO THE PLAT THEREOF, AS RECaRDED IN PLAT BDOK 71. AT PAGE 190-191, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT d OF SAID PLAr• THENCE SOUTH 90'00'00" WEST ALONG THE NORTH LINE OF TRACT A OF SAId PLAT; A DISTANCE OF 5.37 FEE'7;• THENCE SOUTH 00 00'00" WEST ALONG THE" EAST LINE OF SAID TRACT C, A dISTANCE OF ]9.88 FEET THENCE NORTH $9'48'4$" WEST; A DISTANCE' OF 3.62 FEET, TO THE POINT OF BEGINNING THENCE SOUTH DO'1 ]'72" WEST; A d1STANCE OF 37, 71 FEET,• THENCE NORTH 89'48'48" WEST, ALONG THE" NORTH LINE OF THAT CERTAIN 12 FOOT WATER EASEMENT RECORDEd IN OFFICIAL RECORDS BOOK 10060, PAGE 571, OF PALM BEACH COUNTY RECORd.~ A dISTANCE OF 72.00 FEE7;• THENCE NORTH 00'11'12" EA51; A 015TANCE OF 37.71 FEE'T,• THENCE SOUTH 89'~I8'48" EAST, A dlSTANCE OF 12.00 FEET, TO THE POINT OF BEGINNING, LEGEND. PBCR = PALM BE4CH COUNTY RECORDS POB ~ POfNT OF BEGINNING PDC = POINT OF COMMENCEMENT SUR1iEY0R'S CERTIFICA~"E:° 1 HEREBY CERTIFY THAT THIS 'SKETC,'~? AtJD 17ESCRlPIION" IS TRUE AND CORRECT TO THE BEST pF MY KNDWLEDGE AND BEL,f~F t FURTHER CERTIFY THAT THIS SKETCH ,tlEETS THE MINIMUM TECi-IN,~C;gL:5~4NpARD5 ,AS SFT FORlH BY THE FLORIDA 84ARD OF PROFE5510NAL SURUE'}~rDfrs Afi?A MAPPERS 1!J CHAPTER fi1G]7-fi, FLORIDA ADMINiSTRATI~/E CODE PURSUANT 1;~ SEC`'LON 472--027, FLORIDA STATUTES. p~yy~. ; MITCHELL R ,tfALLORY PROFESSIONJiL SURVEYOR & MAPPER FLORIDA R£G,SrRATION No. LS4851 PROJECT" Na.: OOS6& REY151ON ' DiNN DATE F6/Pg. CKD SKETCH & DESCRIPT?DN ~ LD ~ 8-6-fl8 i ,tlRM L V .~ ~, L N N L ca O ^ ~~ V J V =a a° ~= ~ M r' Y° _ OHO ~° ~- o_ a. ~ ~ ~ ~ o a i ~ ~ ~ L O o U r~ L Q ~ N ~ N O i 0 ~ O ~ U C~ U (~ N m a~ O O N N r o~ MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 27, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1)/FINAL/TOTAL GOLF CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$4,285.41) and final payment amount of $27,184.36 to Total Golf Construction, Inc. for the completion of the Lakeview Municipal Golf Course Greens Renovation Project #2008-055. BACKGROUND The project scope consisted of the resurfacing and renovating of the greens; establishment of a turf nursery; closing of bunkers at five holes; construction of a new tee for hole fourteen; renovation of all tees; installation of satellite irrigation controllers; installation of a new pump station, to accommodate withdrawal of reclaimed water from the newly expanded pond; restoration of areas disturbed through the reclaimed water main installation; and resurfacing all the tees. The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #652697 to funding accounts 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission) and 446-4761-572-63.20 (Lakeview Golf Course/Improvements Other/Landscaping/Beautification). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$4,285.41) and final payment amount of $27,184.36 to Total Golf Construction, Inc. for the completion of the Lakeview Municipal Golf Course Greens Renovation Project. C~'TY ®F I)ELRAY BEACH CI~AIs1GE ORIDER TO GRiGTNA~, C®NTRAC'1" CHANGE NO. 1 Final (Contract Closeout) PROJECT NO. 2008-055 DATE: PROJECT TITLE: ~.,akeview Municipal Golf Course Greens Renovation TO CONTRAC`T'OR: T~atal Golf Construction, Ine. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CI-IANGES IN TIME PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTJFICATION: Complete changes to project per the attached Schedule "A" SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHAIv~G ORDER PERCENT DECREASE THIS CHANGE ORDER -1.55°/a TOTAL PERCENT DECREASE TO DATE -1.55% $276,I29A0 $ .oo $27b,129.Ot3 ~$4,28S.4I} $271,843.54 CERTIIIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Total Golf Construction, Ync. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT Environmental Services DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: APPROVED: City Attorney FUNDING By: Mayor ATTEST: By: City Clerk S:~.EngAdminlProjects1200812008-05510FT1CTALtiCO L Fins1 Tntal Gnlf GC 091608.doc CERTIFIED BY sCHEDULE"A„ TO CHANGE ORIIER N®. 1 I FINAL (CONTRACT CLOSEOUT) TOTAL GOLF C©NSTRUCTION, INC. LAKEVIEW GOLF COURSE GREENS RENOVATION PIN 2008-055 1TEM DESCRIPTION EINIT CONTRACT AWARD CONTRACT TO DATE NO. EST. QTY. tlNIT PRICE -,-- TOTAL ACTUAL QTY. UNIT PRICE EXTENDED TOTAL PRICE QUANT ADJ. ¢ ! - 1 Greens LS 1 $ 83,974.60 $83,974.6D 1 $83,974.60 $ 83,974.60 $O.OQ 2 TurfNurs L.S. 1 $ 14,805.6D $94,805.60 1 $14,SOS.6D $ 14.805.60 $0.00 3 BunlcerClosure L.S, t $ 6,197.05 $6,197.05 1 $6,197.05 $ 6,197.D5 $O.DO 4 1'u~n Station L.S. 1 $ 44,805.55 $44,805.55 1 $44,805.55 $ 44,805.55 $O.Dfl 5 1`l0. l4 Tee L.S. 1 $ 6,332.55 $6,332.55 1 $6,332.55 $ 6,332.56 $0.00 6 Satellite Controllers L.S. ] $ 25,574.50 $25.574.SQ 1 $25,574.5D $ 25,574,50 $D.00 7 Restoration Area Disturbed by [nstallatian of Keuse l~lai~1 L S 1 $ 36,161.90 $36,161.90 1 $36,161.9D $ 36,161.90 $0.{7D 8 Contin encyAllowance L.S. 1 $ 10,000.00 $10,ODD.D4 0.57 $10,000.00 $ 5,714.59 -$4,285.41 9 Indemnification L.S, t $ 113.00 $10.00 1 $10.00 $ 10.00 $O.OD 10 AtternateNo.t7eeResurfacin L.S. 1 $ 48,267.25 $48,267.25 1 $48,267.25 $ 4$,267.25 $0.00 TOTAL CONTRACT AWARD $276,129.00 $271,843.59 ($4,2$5.41} Original Contract Award $276,128.OU Pr~,;i:,::s;iyA;spra.4d Cha::ge~ ~Q.nn Total AwardlApproved to Date $276,125.00 Final Contract to Date $271,843.59 CHANGE ®RIIER NO. 1 1 FINAL $ 4,285.41 Page: t of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 10, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 AGREEMENT/CHILDREN'S SERVICES COUNCIL OUT OF SCHOOL PROGRAM ITEM BEFORE COMMISSION Request approval of an Agreement with Children's Services Council which provides for reimbursement to the City of Delray Beach up to $299,417 for the Parks and Recreation Out-of-School Youth Recreation/Enrichment Program, and the Mayor's signature on two original Agreements. BACKGROUND We will enroll 300 children at three (3) sites during the school year, with CSC funding the actual daily attendance which is anticipated to be between 250 to 300 children per day. The Out-of-School Youth Recreation/Enrichment Program will consist of an After School Program, Holiday Camp, Spring Fling, One Day Camps, and 9 weeks of Summer Camp. CSC funding will amount to approximately $299,417. RECOMMENDATION Parks and Recreation Department recommends approval of Agreement with Children's Services Council for a reimbursable amount up to $299,417. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: City Manager DATE: September 11, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 AGREEMENT/CHILDREN'S SERVICES COUNCIL/BEACON CENTER AT VILLAGE ACADEMY ELEMENTARY SCHOOL ITEM BEFORE COMMISSION City Commission approval to accept the funded service contracts from Children's Services Council (CSC) in the amount of $777,305 for services provided through the Beacon Center at Village Academy and authorize the execution of the contract between the City and CSC as the fiscal agent for the program. The Beacon Center Services will be carried out by the City's non-profit partner, the Community Child Care Center doing business as Achievement Center for Children and Families. BACKGROUND The City accepted the responsibility as the fiscal agent for programs and funds dedicated for the support of the Beacon Center at Village Academy in 2004 via its non-profit partner, the Achievement Center for Children and Families. This item provides for funding in the amount of $777,305 for Fiscal Year 2008/09. The funding allocation includes social worker services provided through Families First. The program will support 350 students and approximately 250 adults throughout the year. FUNDING SOURCE Children's Services Council of Palm Beach County Inc. RECOMMENDATION Staff is recommending City Commission approval to accept the annual grant in the amount of $777,305 from Children's Service Council for Beacon Center services at Village Academy for FY 08/09 and authorize the execution of the required contract agreement specifying the conditions to be met for services provided. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: September 9, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 DRI HOUSING REHABILITATION GRANT/CONTRACT AWARDS ITEM BEFORE COMMISSION Approval is requested for four (4) Housing Rehabilitation grant awards to be awarded to the lowest responsive bidders for the following projects: ^ 826 SW 4d' Avenue/ South Florida Construction Services/ $18,453.75 ^ 1208 NW 2nd Avenue/ Ray Graeve & Sons Construction /$21,887.25 ^ 1332 Lee Street/ Cordoba Construction/ $29,772.75 ^ 131 NW l ld' Avenue/ Cordoba Construction/ $22,039.50 Approval is also requested for a waiver to the Neighborhood Services Division's approved Policies and Procedures that limits bid award to be within 10% of the in-house estimate for 1208 NW 2nd Avenue, 1332 Lee Street, and 131 NW l ld' Avenue. BACKGROUND Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidders, plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the DRI Housing Rehabilitation program. Cost does not include termite fumigation or lead based paint inspection and treatment fees. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. In this case several bids were received below the in-house estimate and therefore lowest responsive bidder is considered to be a reasonable bid. The low bidders for 1208 NW 2nd Avenue and 131 NW lld' Avenue did not have a bid bond and therefore are deemed non-responsive, and awards are recommended to the lowest responsive bidders. FUNDING SOURCE Disaster Recovery Initiative 118-1960-554-49.19 RECOMMENDATION Staff recommends the award of four (4) Housing Rehabilitation grant awards to the lowest responsive bidders and approval of a waiver to the Neighborhood Services Division's approved Policies and Procedures that limits bid award to be within 10% of the in-house estimate for 1208 NW 2nd Avenue, 1332 Lee Street, and 131 NW l ld' Avenue. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BII7 INFORMATION SHEET BID #: 2008-51 Ai'PLICANT: Eddie Sanders PROJECT ADDRESS: 826 SW 4th Avenue DATE OF BID LETTERS: DATE OF BED OPENING: August 1, 2008 August 29, 2008 GENERAL CONTRACTORS ABC General Services lnc. All Phase Contracting Brian E. Rega, inc. Brigcon Consulting Services Cordoba Construction Co., Inc. Graftsman Plus,lnc. DMD Construction Group, Inc. East Coast Contractors, Inc. Fleisher's, Inc. Gadsden Property Investment, Inc. Maywood Construction I.Q. Constructions, Inc. Jemstone Construction Group Inc LAD Construction M & A Builders, LLC. Master Contractors, Inc. Maralago Construction Morra Construction Corp. Precision Construction Group, Inc. Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. StarMark Properties, Enc. Sun Band Builders Construction, Inc. In-House Estimate: - -~ CONTRACTOR AWARDED CONTRACT: BIDICONTRACT AMOUNT 5% Contingency CONTRACT AWARD AMOUNT: FUNDING SOURCE: Account # BID AMOUNT BID BOND $18,830.00 $23,510.00 NO NO BID NO BID $21,173.00 $21,930.00 $18,600.00 $27,635.00 $25,230.00 NO $21,fi80.00 $17, 575.00 $23, 075.00 $16,564.50 South Florida Construction Services, lnc. $ 17,575.00 $ 878.75 $ 18,453.75 DRI- Housing Rehabilitation '} 18~1960~554-49.:19 COMMENTS: Awarded to lowest responsive bidder. ro o ~ b o U U U Q fq6 i6 20 O C a U d C o v y C ' Cn ~ c ., ~ © ~ ~ ~ ~ V .~ Vl ~ ~ N O ~ a O :~, ~ m ~"" W fl ~ ~ ~ ~~ > ~ Q~ Z CL' U s .. , t ~ ~ w a. 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M V N r N r N ~ [h0 O n ~ Y M V ItJ r ~ r ~ W 64 Vl 43 f9 EH Vl ~l Efl 63 Vl 64 !r4 4} 63 V9 m ~ ~ ~ ro C m o ~~, i 6 a) U , C - ~ a ~ U `oa o ~ ~ 3 5 . ~ ~ m C d 0 ~ C E~ ~ ~ ~ ~ O J ~ ~ ~ ~ ? U ~ ~ ~ ~ U ~ O " ~ ~ J ~ u ~ - m ro ~ ~ ~ ~ ~° °7 v 0 o ~- ~ o C ro ~ r w ~¢w eL ~ Z A PfI ~ ~ ~ i d ..~ .~ y °- v ~ ~ ia ~ iu ~~ ~ ~ ~ o ( {) N in N ~ 61 U1 N N ~ ~ N ~ C C C C C ~ ~ C 'z ~ ~ ~ I/) r^ N M ~ Y7 SO f~ W O) 6 Y N (7 ~ CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: 2008.51 Mozella Davis 1208 NW 2nd St August 1, 2008 DATE OF BID OPENING: August 29, 2008 GENERAL CONTRACTORS ABC General Services Inc. Al] Phase Contracting Brian E. Rega, Inc. Brigcon Consulting Services Cordoba Construction Co., Inc. Craftsman Plus,lnc, DMD Construction Group, Inc. East Coast Contractors Fleisher's, Inc. Gadsden Property lnvestment, Inc. Haywood Construction LQ. Constructions, Inc. Jemstone Construction Group Inc LAD Construction M & A Builders, LLC. Master Contractors, Inc. Maralago Construction Marra Construction Corp. Precision Construction Group, Inc. Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. StarMark Properties, Inc. Sun Band Builders Construction, Inc. In House Estimake: CONTRACTOR AWARDED CONTRACT: BID AMOUNT BID BOND $33,830.00 ~~~~ $37, 550.00 $18,273.00 No $34,140.00 $22,033.00 $28,580.00 $28,6f}0.00 $30,491.00 $24,784.00 No $2o,s45.o0 $23,485.00 $31, 825.00 $24, 786.90 Ra Graeve & Sons Construction, LLC BIDICONTRACT AMOUNT 5% Contingency CONTRACT AWARD AMOUNT: FUNDING SOURCE: Account # ~ 2a,s45,aa $ 1,042.25 $ 21,887.25 DRI 1'I`$'-1980-554 4:919_ COMMEND Awarded to lowest responsive bidder. C O .y .' d ~ a7 V •~ ~ w+ s. 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All Phase Contrac#ing Brian E. Rego, Inc. Brigcon Consulting Services Cordoba Construction Co., Inc. Craftsman Plus,lnc. DMD Construction Group, Inc. East Coast Contractors Fleisher's, Inc. Gadsden Property Investment, Inc. Haywood Construction l.Q. Constructions, Inc. Jemstone Construction Group Inc LAD Construction M & A Builders, Lt_C. Master Contractors, fnc. Maralago Construction Marra Construction Carp. Precision Construction Group, Inc. Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. StarMark Properties, Inc. Sun Band Builders Construction, lnc. In House Estimate: CONTRACTOR AWARDED CONTRACT: B1DlCONTRACT AMOUNT 5% Contingency CONTRACT AWARD AMOUNT; FUNDING SOURCE: Account # BID AMOUNT BID BOND $43,620.00 $55,004.00 $29,086.00 NO $28,355.04 $48,934.00 $39 , 982.44 $36,470.04 $30,545.00 $44,876.04 $39,867.04 NO $34,89 5.00 $29,025.00 $35,041.75 Cordoba Construction Co., Inc. $ 28, 355.00 $ 1,417.75 $ 29,772.75 DRI-Housing Rehabilitation '91 ~ ~ - S4 COMMENTS: Awarded to lowest responsive bidder. 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All Phase Contracting Brian E. Rega, Inc. Brigcon Consulting Services Cordoba Construction Co., Inc. Craftsman P[us,lnc. DMD Construction Group, Inc. East Coast Contractors Fleisher's, Inc. Gadsden Property Investment, Inc. Haywood Construction I.Q. Constructions, Inc. Jemstone Construction Group Inc Lad Construction M & A Builders, LLC. Master Contractors, inc. Maralago Construction Marra Construction Corp. Precision Construction Group, Inc. Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. StarMark Properties, Inc. Sun Band Builders Construction, Inc. In House Estimate: CONTRACTOR AWARDED CONTRACT BIDICONTRACT AMOUNT 5% Contingency CONTRACT AWARD AMOUNT: 1=UNDING 50URCE: Account # BID AMOUNT BID BOND $29,850.00 $37,500.00 $20,980.00 NO $20, 990.00 No Bid $27, 379.00 $23,870.00 $31,150.00 $28, 310.00 $22,707.a0 $32,430.00 NO $22,800.00 $23,245.00 $28,670.00 $23,554.50 Cordoba Construction Co., Inc. $ 20,990.00 $ 1, 049.50 $ 22,039.50 DRI- Housing Rehabilitation ~1'I~-1960-5549.19 COMMENTS: Awarded to lowest responsive bidder. ~~ ~U U ~ m Q O O Q S C U v d w N Q ~ U c m O x4 v S. 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Q o 0 0 0 N O N C1 N ~ M a ~ Y~'f N r V41 'Od' W [a ~ N t-' O N vs ar an ~n fn w rA us w ~ vi to trr yr O o 0 o O 0 0 0 0 0 0 0 0 4 O O o O O O O O O O O O O 4 O O O o 0 0 0 li7 0 0 0 0 0 ~ N COD ~ lNC! O r m [Q\[ ti ff N r N LLB"! N O V' N m N v3 v> Fts c> ~r cv m Ftr va sfl as er to r» 0 0 0 a o 0 0 0 0 0 4 a o 0 O O O O Cs7 0 0 0 4 0 4 4 4 [f) W 11') O 7' N O lt7 4'] O O KS C7 O ~ . W O) N to O N N O N r Q (D ti l° N cD ~ ~D m N N N ~ m CS O ~ ~ ~ ~ M N En Ea? V- ft} 69 kR f9 d} t9 Eft V3 V7 H} 64 U (=p `1 ~, ~ ~ ~ Y ~ _ ~ N . . ~ C L ~ ~ O 3 to UJ L o ° o v° E ~ w a`> ~ 'J ~ ~ Q ~ ~_ ° a ~ ~ _ o - ~` c o > w ~ n z u 1 z ~ ~ > i "v ~ m ~ ~~ m ~~ m 3 ~ 16 ~9 ~ C C _ ~ N ~ N C CU C C O C d 2' d' Z d' (/) r N m ~T 4] CD I~ W O] O r N M MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 9, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 INTERLOCAL AGREEMENT/COMMUNITY REDEVELPMENT AGENCY/CLEAN AND SAFE PROGRAM ITEM BEFORE COMMISSION Commission is requested to approve an Interlocal Agreement between the City and the CRA in the amount of nine hundred eighty-five thousand dollars ($985,000) for fiscal year 2008-09 for the Clean and Safe Program. BACKGROUND Attached is the proposed Interlocal Agreement for funding the Clean and Safe Program for FY08- 09. The agreement is the same as last year's agreement except for the dollar amount, which is one hundred fifteen thousand dollars ($115,000) more than last year. This funding helps offset costs for four (4) Police Officers, 1.25 Code Officers, the Clean and Safe Green Team, decorative street light and other lighting maintenance, as well as electric costs, part-time assistance from Parks Maintenance and a portion of staff time for Parking Garage maintenance in the Clean and Safe area. RECOMMENDATION Staff recommends approval of the Interlocal Agreement between the City and the CRA for FY08-09. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF THE CLEAN AND SAFE PROGRAM THIS AGREEMENT is made this day of , 200$, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duty created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY OF DELRAY BEACH has initiated a Clean and Safe Program within the Downtown Development Authority ("DDA") District to enhance the maintenance of physical improvements and security in the Downtown area; and WHEREAS, the DDA district exists within a portion of the CRA district; and WHEREAS, enhanced maintenance and security in the Clean and Safe area supports the mission of the CRA and property values therein; and, WHEREAS, the CRA has agreed to support the program by funding all or a portion of the cost of maintaining physical improvements and security in the Clean and Safe District as described herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations: The recitations set forth above are hereby incorporated herein. 2. Applicability: The CRA hereby agrees to fund costs for maintenance and security in the Clean and Safe ^istrict which includes the ^owntown Development Authority ^istrict from A-1-A to I-95. Funding can be used to supplement personnel and fringe benefit costs, equipment costs, supplies and material costs, repair parts, landscape materials, and utility costs. It is understood that funding provided by the CRA cannot be used for funding of vehicles. 3. Funding and Future Funding: The CRA agrees to fund Clean and Safe program costs in the amount of Nine Hundred Eighty-Five Thousand Dollars ($985,000.00} for fiscal year 2008-2009. Payments will be made on a quarterly basis with October 1st as the commencement date for the first quarter. The parties acknowledge that while it is the CRA's intention to continue to provide funding for such maintenance and security in the future, the CRA shall be under no obligation to provide funds thereafter and such action shall be solely discretionary with its Board on an annual basis. Thereafter in the event the CRA approves and budgets far the program in subsequent fiscal years, payments will continue to be made on a quarterly basis. 4. Reporting: The CITY shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the Clean and Safe Program, and the use of funds by the CITY. The report should detail police activity (i.e. number of arrests and type of arrests}, Cade enforcement activity (number of citations issued), and maintenance and utility expenses. The report shall be pravided to the CRA Executive Director no later than ten (10) days after the end of each quarter (December 31st, March 31st, June 3Dth, and September 30th). In the event the CITY fails to provide the 2 required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 5. A reement to be Recorded: This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 6. Modifications: No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 7. Severability: The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 8. Governing Laws: This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. Assignment: Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 10. Effective Date: This Agreement shall not be valid until signed by the Mayor and the City Clerk, and shall be effective through September 30, 2009and thereafter on an annual basis, unless otherwise mutually terminated or amended. 3 ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Diane Colonna, Executive Director {SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH By: CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor COMMUNITY REDEVELOPMENT AGENCY Frank Wheat, Chair The foregoing instrument was acknowledged before me this day of 2008, by as {name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification} as identification. DNT:dnt Notary Public -State of Florida H:12d861060618 DBCRAIAGMT 200711LA City CRA re funding clean safe program (2}.doc 4 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: September 11, 2008 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CONSTRUCTION/PROFESSIONAL SERVICES ITEM BEFORE COMMISSION Commission is requested to approve an Interlocal Agreement between the City and the CRA for the funding of construction costs and professional services for certain projects as listed on Exhibit "A" attached to the Agreement. BACKGROUND Attached is the proposed Interlocal Agreement for the funding of construction costs and professional services for certain projects, located in the CRA district, as listed on Exhibit "A" attached to the Agreement. The CRA shall provide such funding to the City upon bid award to the contractor. The Agreement further provides that the City will first obtain the consent of the CRA prior to issuing a change order for a cost increase and if the project comes in under the amount paid by the CRA a refund will be issued to the CRA. RECOMMENDATION Staff recommends approval of the interlocal agreement. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES THIS AGREEMENT is made this day of 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY will be performing various construction projects located in the CRA district and as shown on Exhibit "A"; and WHEREAS, the CRA is providing funding for the projects in the amount listed on Exhibit "A"; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the bid award to the contractor. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA. The CITY shall submit the written request to the CRA prior to the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. The CITY and the CRA agree and acknowledge that the approval of a change order does not require an amendment to this Agreement. 4. The term of this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other party of its intent to terminate this agreement, or 60 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit "A". Notwithstanding the foregoing, once the City has executed a contract with a contractor or professional for a particular project, the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreement, the CITY shall refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. If the total funds the CITY requires to complete a particular project, as identified in Exhibit "A", is less than the amount paid by the CRA to the CITY for a particular project, the CITY shall refund to the CRA any and all funds provided to the CITY that exceed the amount the CITY paid to the contractor or professional for the particular project. 5. Once the CRA provides any funding for any of the projects identified in Exhibit "A", the CITY shall provide the CRA with monthly reports detailing the progress of the specific projects, including, but not limited to, the contract amount, the amount of funds paid to the contractor, the status of the project, and the total of any change orders related to the project. 2 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the CRA logo as required by this paragraph for projects funded pursuant to this Agreement. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. 3 ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Rita Ellis, Mayor COMMUNITY REDEVELOPMENT AGENCY inane c;o~onna, txecutlve ulrector (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: By: Frank Wheat, Chair The foregoing instrument was acknowledged before me this day of 2008, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida DNT:dnt H:\2006\060018 DBCRAWGMT 2008\ILA Construction Professional Services 9-1-08.doc 4 EXHIBIT A Fiscal Yea~° 2008-2009 P~°ojects Project 1Yame Amount of CRA F ll 11 (1111 a A West Atlantic Avenue Beautification - SW/NW 6~' Avenue to SW/NW 12~' Avenue $ 100,000.00 B Gateway Feature (Public Art Project) $1,300,000.00 C Cultural Loop/MLK Blvd $ 200,000.00 D Block 20 Alley $ 191,000.00 E SW 14 Avenue Beautification -Street & Alley Improvements $ 560,000.00 F Osceola Park $ 800,000.00 G SW 2nd Ave/W Atlantic Ave (Signalization) $ 180,000.00 H US1 & Dixie Connector Street $ 150,000.00 I SW 12 Avenue/Auburn Avenue Beautification (Phase I) -Alley Improvements $1,500,000.00 J SE/NE lgt Street One-Way Pair Conversion $ 200,000.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 9, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for October 23, 2008 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7d' Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1St Avenue, NE/SE 2nd Avenue, SE 3rd Avenue, NE/SE 4th Avenue and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, budget, site plan, Hold Harmless Agreement and Certificate of Insurance for this event received from Marjorie Ferrer. Although we are not asking to close Atlantic Avenue west of Swinton, the event boundary will extend to NW/SW Sth Avenue. Entertainment will be located in the library, in front of Atlantic Grove, in Clay Wideman's Parking lot. The estimate of overtime cost for this event is $4,765. Cost for the barricade rental is estimated at $350. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 35% for all costs over $1,000 plus the full cost of barricade rental. This event is sponsored by the Sun Sentinel. REVIEW BY OTHERS Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, including barricades with payment of costs to the City per the agreement between the City and the Downtown Marking Cooperative. Event Name/Title: City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT ~~~x~r ~racH /~ lU~ AiC1EltC~City ,~aq~G 1 y FR ySTiQ,~ ?D~~ ~' ~o i cFST~~F Event Date(s): Q r ~ Times: Event Sponsor/Producer: ~' ` ~ ~ Event Contact/Coordinator: f t0~1~~ ~.l~Y~>l~ Planned Activities (Outline of activities/number of ctivities, i.e_ entertai me t, children's rides, games, other programs}: ~~l [~ ~ ho5 .,. .. ,. Number of Individuals Served Previous Year (if applicable): ~' Describe the targeted population and expected attendance: Name: ~ ~ D~tL~, f'r' r' Address: ~] e Telephone Number: ' x Cellular umber: E-mail Address: ~lrir~OeiC _I~~e~ ~ ~ ~..... Descr~be h~w the ror~gr~ or project addresses com uni needs: '~ .z ~ Describe your Marketing/Promotions Program (How will you mar radio, poste{rs~, fl ers} web sites, other): yg ~~'A' ~11A~ ~AIAiro,w14~ L.~....~.. ~hl l __ ._._ S i.e. TV, Sponsor Category {please check) City ~NOn-Proft/Charitable ^ Private ^ Co-Sponsor -Non-ProfitlPrivate ^ (If Non proft attach proof of SDIc(3}, c(4), c(6}, C(IO}, or c(19} or {d} , Event Location (Describe area boundaries 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 if appIicable.} Rental of Old School Square: yes no~ {If yes, attach proof of approval) Private Property Use: yes no /1 {If yes, attach letter giving authorization from p peon rty oulner) Event budget attached: yes` no (Required for all events} Previous year Revenue/Expense summary attached: yes ~ no (Required for all events) Do you have cash sponsors for the event: yes ~ no (Indicated on budget) Do you have inkind sponsors for the event: yes no (Indicated on budget) C:1Dceuments and Settingsl~..isilDesktoplspecial Event Permit Application F1NAL 9.6.07.doc Serving ar selling alcoholic beverages: yes no~~ (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes- - ,~ ~ no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes ~ no Will there be entertainment: yes ~ no {If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes- ~ _ no Requesting Police assistance: yes ~ no (traffic controUsecurity) Will supplement with private security: yes no (If yes, need plan attached) Requesting Emergency Medical assistance: yes ~ na Requesting barricade assistance: yes~~ no ~' (Ifno, how are you handling?) Requesting trash removal/clean u assistance: yes~_ no L Requesting trash boxes/containers and liners: yes J~ _,_ no Requesting stage use: yes no~_ (Ifyes, check type) Large stage (14' x 36') a Small stage (x6' x 2Z') Q Half small stage ($' x 21') Requesting signage: yes no Type: 4'x4'Event sign Parking Signs Banner hangin Indicate dates requ' ed (Waiver required if more than one ( wee prior o even ~ ~, Requesting City Portable Generator: yes no~ {If yes, size & power) Food and beverage vendors: yes no ~ ~- If yes, approximate number (Health Department approval required} yes na C:1Documents and SettingslLisilDesktopl5pecial Event Fermis Application F[NAI. 9.6.U7.doc Other vendors:.L~. ~ yes nc {Indicate type} _s Tents: yes-~ - Ifyes, How many What size or size required (If yes, tent permits and fire inspections may be needed} Will the event include amusement rides: yes no____a~~ (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: yes, (Show on-site map} Will there be a charge for the event: yes (If yes, indicate ticket prices) no ~ .~ no Will there be fireworks or other pyrotechnics: yes no~` (If yes, contact Fire Marshal to obtain and complefe permit application) ~J WiII there be cooking with compressed gas: yes no /` (If yes, contact Fire Marsha! for inspections) Will you be providing port-a-lets for the event: yes_~ r>;o (If yes, locate on-site map. If no, indicate how you will handle restroom needs) is reserved parking requested: yes (If yes, indicate locations and purpose far use) no- .~ Event Permit Attachments f Reveni~e/Expense Budget ~~~Revenue/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver `Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non-Profit Status ~_General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event + Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Parry 30 days prior to event no C:1Documents and Settingsll.isilDesktopl5pecial Event Permit App€icatiort FINAL. 9.6.07.doc Y. _ Event Cantrac or/Co rd' Date Please print: ~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, i00 N.W. lst Aven~-e, Delray Beach, Florida 33444. 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[ c h OD ~ r r r N dl fl Z ~ l~ 00 ~ Q (+'3 1~ O r 1~ ~ 1~ N O V N (7 u) y ~j r r N N V r D ° ° 00 L° ~' p ~ ~ m t~ ~ v c o ~ o ~ u c c o r~ N a '~ _ 00 r- r N ICI r 7 Q 0 0 0 0 ~ N ~ O C ~ a] r Oi ~ ; m r r ~ m ~ ~ O ~ r ° N~ O ~ (p ( 7 M N C S~ ( 7 ~ ~ CO ~ C7 N ~ ~D T L r ^ ° W C10 ~ 11I 1~ W O O r~ ~ _ j6 0 0 0 0 0 0 0 0 m ~ N r L(7 i~ C] [p M CA C • '~'' ~ 0 0 0 0 0 ~~ ~. C ~ M r `" r ~ O ~ Q N T (D CO M ~ ~~ ~ '7 N r ~ _ ~ ~ Q _ d O ~ A U ^ ~ N V p O ~ ~ O ~ ~ ~ C W L N ::. ~o ao ~N M 7N iL .d 40 .~1r r From: Erikka Adams At: Plastridge Insurance Agency FaxID: To; Selma Date: 4l24fL008 69:31 AM Page: 2 of 3 OP ID EA ACORD CERTIFICATE 4F LIABILITY INSURANCE DATE (MMrDOfYWYI DowN~r-2 D4/23/os I'RaoucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Plastridge Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 82a N.E. 6th Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Delray Beach E'I, 33483 Phone: 561-276-5221 Fax:561-276-5244 INSURERS AFFORDING COVERAGE NA1C# INSURED INSURER, A. Scott^d^1^ In^uc^nc^ Co~p^r~y belray Beach bowntown Mktg INSURER e Cooperative:DDA,CRA,Chamber of Coerce City of Delray Beach 64 nth 3NSURER C 5 . E . Avenue Deixay Beach FZ 33483 INSURER D INSURER E: COVERAGES THE PQLICIES OF INSS.F2ANCE LiSTE4 BELOW HOVE BEEha I£SUED TO THE IhJ5LRE7 i~A1vED AB04'E FOR THE POLICY PERIOD IND CPTED. NOlW11H5TANDING ANY REULIRfMEN7 TERN OR CONDITION OF A!\Y CONN3A~ OR OTHER DOCUMENT ~'JITi RESPECT TO'/JrEC}- TFIS CERTIFICATE N41Y EE ISSUED 4R ht4Y PERTAIN, THE INJ-IJF;?NCE .~FFORUE7 EY THE POLICIES DESCRIBED HEREIN IS SIIHJECT TO ALL THE ~EFMS, E.<CLUSIDNS rND CONDITIONS GF SUCH POLICIES AGGZfG.4TE LI+AIT5 SHdJVIV NvSY HAVE SEEN REDUCED BY PWDCLAINS LTR lJSR TYPE DF JNSURANCE A4LICY NUMBER DATE (MMfBDlYlr) DATE (MMIDUIYYI LUdffS GENERAL LViBILiTY EACH OCCURRENCE 61DDODDO A X X coMrr.ERCI,v.GENE3aLLl°J311TY CZ514375$5 01/23/06 41/23/09 PHEMISESIEao,cirerce} 550DOD CLAlIAS MADE ~ OCCUR MED E:[P ;Any one person; 6 PERSOfJAL&AD4'INJURY s 1DDaaaa ~- ~I=NERAL AG,REGATE ~ 2 DD a ao 0 GE~YLAi,GREGA,TELIMIT;4'~L1ES?ER. PRODLCTS-CO'dP:OPAGG - t excluded x PO~ CY PRO- JECT LOC AUTOMOBILE LIABILETY CQMHII~D S' NGLE LIMIT ~ ;' ENV ALiTO [Ea acddenll FLL O'rVNED.tLITD5 BODILI'INJURY SCFECULED AUTOS IPergso~) 6 ~ I-IRED ALNOS BODILY INJURY ~ NON-OtivN'eD ?~I70£ {Fer aocidenq PROPERT'! D.Nv1AGE (Per axidenl} 5 GARAGE LIABILITY AUTO QNLY - EA ACCIDENT j I ~ I rNY ALfrO .. OTFEP. 7H°N EA fit-C 6 ~ AUTO ONLY: :?GG . ( E%CESSIUMBRELLA LIABILITY EACH OCCURRENCE ~ OCCUR ^ CLNIAS h7ADE AGGREGATE $ S CECUCTIB_E 6 FETENTfOFJ $ $ WDRKERS C0RIPFNSATION ANO EMPLOYERS' LIADILITY TCTtY LR.IIT5 ER ~.N'! P1CF'RI='€OFi7F!-YT~Y-R~HECUTI'~!E EL £FCHAOCIDENT 6 OFFIC=~MEMBEP. EXCLUDED? If vas de=cnGe under E.L. DISEASE - EA EMPLOYEE ~ . SF'ECIr.L PROVISIC'NS bebw E.L. DISEASE -POLICY LIMIT S OTHER DESCRIPTIDN DF OPERATIDN$ f LQCATIE}NS 7 VEHICLES ! E%CLUSIDNS ADDED BY ENDpRSEMENT! SPECIAL PRgVISIONS Sgecial Event - 6 Art & 3azz an the Avenue; one Fashion Shax; one First Night/New Years Eve. City of Delray Beach is listed as additional insured with respect to General i~ia;bility. i.~n I m..n I c nuwcrt CANCELLATION C=rrm_ 1 SHOLJLD ANY OF THE ABDVE DESCRIBED POLICIES BE CANCELLED J3EfDRE THE E%PIRATIDN DATE THEREOF. THE ISSUING INSURER WlL ENDEAVOR Tp MAIL 3D DAYS WRITTEN NOTICE TD THE CERTIFICATE HOLDER NAMED TD THE LEFT, BUT FAILURE TD D^ SO SHALL City of Delray Heach IMPOSE NO OBLIGATIDN DR LIABILITY pF ANY KIND UPDN THE INSURER, Ifs AGENFS DR 100 N, W. 1st Avenue REPRESENTATIVES, Delray Beach FL 33444 AUTHORI7ED REPRESENTATIVE r7 25 (2D017a8J O ACORD CDRPORA 08/21/2008 02:20 FAX 561 278 0555 DELRAY BEACH SPECIAL EVENT HOLD HARMLESS AGF~.EEMENT C~j 001 "T'he Delray Beach Dvwntovun Marketing Cooperative (comprised of the Community Redevelaprnent Agency, Downtown Development Authority, Chamber of Commerce and the City of Delray Bosch) agrees to indemnify, hold harmless and defend the City of Delray Beach, i#s agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrativE proceeding, appeal and judgment of every name and descrip#ian brought agairs# the City as a result of Toss, damage or injury to person or property arising frorn and in exchange for the Delray Beach Downtown Marketing Cooperative use of Ci Facilities or property for the special event of ~ ~ ~~ v t and hereby releases the City of eiray Beach, fts agents and employees from all suits, aeons and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgmenrt of every name and des~eription brought against th® City as a result of r<oss, damage or injury to person ar property arising from the special event of ~~ •~.Ta i1. a~ A~Ewed~- id~3~! " This lndemnifrcatian and Hold Harmless ar~d Defend P~greement is only to the extent of insurance malntair}ed by the Delray Beach Downtown Marketing Cooperative as cowered under SoottSdale Insurance Company Policy nurrrber GLS '1437585 Frank Whew, Chairma Communihr Redev~Eopment Anency ~f ~ ~G Michael Listick, Chairman downtown Devefo UVii~iam VIlaod, Presi nt Chamber of Commerce Hobert 13arclnski, Assistant City Manager City of Delray Seach Revised 8!13!2008 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 9, 2008 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 SPECIAL EVENT REQUEST/2ND ANNUAL DOWNTOWN DELRAY BEACH NEW YEAR'S WEEKEND CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 2nd Annual Downtown Delray Beach New Year's Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on December 27-28, 2008 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the closure and use of NW 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center parking lot, to provide staff support for traffic control, barricading and for fire inspection services. BACKGROUND Attached are an event permit application, site plan, budget and insurance certificate. The event sponsor will be responsible for event management, clean up, night time security, dumpsters, for providing barricades and event signage. City staff will inspect and prepare the barricade plan. The event sponsor will utilize private security for day and night, which will minimize our staff support costs. Total estimated City costs for this event are $795. Per event policies and procedures the event sponsor is responsible for the payment of all City costs. The Court House Garage, as well as City Hall Parking lots will be used for event parking. The North lot at City Hall will be used for vendor parking. RECOMMENDATION Staff recommends endorsement of the event, granting of the temporary use permit for the street closure on NW 3rd Avenue and Tennis Center Parking lot, providing staff assistance for traffic control, barricading, fire inspection services, and allowing the event signs to be installed ten (10) days prior to the event with all overtime costs to be paid by sponsor; conditional on the receipt of an executed Hold Harmless Agreement. City of Delray Beach Special Event Permit Application PLEASE TYPE 4R PRINT A ~~~~ z~c~~ Event Name/Title: 2nd Annual Downtown Delray Beach New Year's Weekend Craft Festival Event Dates}: December 27-28 2008 Times: Saturday and Sunday 10AM-5PM Event Sponsor/Producer: Downtown Marketing Cooperative Event ContactlCoordinator: Howard Alan Events /American Craft Endeavors Name: Helayne Stillings Address: 8695 W. Broward Blvd Plantation, FL 33324 . Telephone Number: 454.472.3755 Cellular Number: 813-600-7688 E-mail Address: info@artfestival.com Event Description/Purpose: Outdoor craft festival Annual, cultural and community gathering opportunity Brief History of Event (If applicable}: This is the 2nd year this festival has been servin this communit Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs}: Varied crafters exhibiting and selling their hand-made items Number of Individuals Served Previous Year (if applicable): 4240 Describe the targeted population and expected attendance: expected 4540 ,~ Local residents are targeted population. Describe how the program or project addresses community needs: Providing a free festival with artists ranging in mediums from iewerly_to sculpture Acts as a community cultural and civic event. Describe your Marketing/Promotions Program (How will you marketlpramote, i.e. T`V, radio, posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations,word of mouth and flyers Sponsor Category (please check) City ^ Non-ProfitJCharitable ^ Private ~ Co-Sponsor -Non-Profit/Private ^ (If~Yon profit attach proof of S01c(3), c(4), c(b), C(10), or.c(19) or (d) Event Location (Describe area boundaries of event/location): The location of the show is in the Tennis Center as well as NIN 3rd Ave off Atlantic Ave Site plan attached: yes x no (Site plan required, for entire event site. Include locations of tents, stage, portalets, durnpsters, portable lighting, and barricade location if applicable.) Rental of Qld School Square: yes no x (If yes, attach proof of approval) Private Property Use: yes no x (If yes, attach letter giving authorization from property owner) Event budget attached: yes x no (Required for all events) Previous year Revenue/Expense summary attached: yes x {Required for all events) Do you have cash sponsors far the event: yes no {Indicated on budget) Do you have inkind sponsors far the event: yes x na. (Indicated on budget) x no C:1Documents and scttingslLisilDcsktoplSpecial Event Permit Application FINAL 4.G.O7.doc Other vendors: ~ yes no x (Indicate type} Flame retardant canopies yes x no If yes, Ilow many 100 What size or size required 10' x 10` (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no x (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Wili the event be gated: yes no x (Show on-site map) Will there be a charge for the event: yes no x (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no x (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no x (If yes, contact Fire Marshat for inspections) WiII you be providing port-a-lets for the event: yes x no (If yes, locate an-site map. If na, indicate how you will handle restraom needs) Is reserved parking requested: yes no x (If yes, indicate locations and purpose for use) Event Permit Attachments: x RevenuelExpense Budget x Revenue/Expense Recap Last Years Event X Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status x General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner x Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 40 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C.1Doceunents and 5ettingslLisilDesktopl5pecial Event Permit Application FINAL 9.6.07.doc Ev t Contractor/Coordinator Please print: Howard Aian ~/~ ~~ Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. Far Staff Use On Date Received ~/ ~ Application fee received $ l`~ C:1Documents and SettingslLisilBesktoplSpecial Becnt Permit Application FINAL 4.6.07.doc American Craft Endeavors Downtown Delray New Years Weekend Craft Fe stival December 27 & 28, 2008 PROPOSEE7 BUDGET FOR D ecember 2008 Income Number of Crafters 110 Crafter Revenue 622,000 Number of Food Vendors 3 Food Vendor Revenue 61,350.00 Total Revenue 523,350.00 EXPENSES Advertising Boca Raton News Expense 6850.00 Palm Seach Post Expense 32,300.00 South Florida Newspaper Expense 3325.00 Sun Sentinel Expense 51,750.00 Advertising SubTotal 65,225.00 Services Permit Palm Beach County Health Expense 625.00 Permit City Of Delray Beach Expense 5100.00 Signage AA Sign Lines Expense 5750.00 Sanitation Able Sanitation Expense 3750.00 Sanitation Southern Waste Systems Expense 3800.00 Sanitation Tents far Events Expense 3530.00 Barricades NES Expense 6325.00 Security, Fire, Public Works City Of Delray Beach Expense 63,500.00 Rentals Tents far Events Expense 3400.00 Liquid Graphics Expense Expense 6250.00 Payroll Helayne Stillings & Staff Expense 51,953.48 Rental Property Delray Joint Venture Expense 52,000.00 Lodgings and meals, travel Expense 6400.00 One Million Dollar liability ins policy Expense 6750.00 Administrative Overhead telephone, mailings,etc Expense 67,800.00 Service SubTatal 514,133.48 Total Expenses $19,358.48 Show Profit x3,991.52 American Craft Endeavors Down#own Delray New Years Weekend Craft Fe stival December 29 & 30, 2007 PROPOSED BUDGET FOR D ecember 2007 Income Number of Crafters 1 ~ 0 Crafter Revenue 519,250 Number of Food Vendors 3 Food Vendor Revenue 31,049.40 Total Revenue 520,299.40 EXPENSES Advertising Baca Raton News Expense 5708.50 Palm Beach Post Expense $1,551.12 South Florida Newspaper Expense 5325.00 Sun Sentinel Expense 51,544.80 Advertising SubTotal 54,129.42 Services Permit Palm Beach County Health Expense 525.00 Permit City Of Delray Beach Expense 5100.00 Signage AA Sign Lines Expense 5600.00 Sanitation Able Sanitation Expense 5680.34 Sanitation Southern Waste Systems Expense 5798.96 Sanitation Tents for Events Expense 5530.00 Barricades Bob's Barricades Expense 5350.00 Security, Fire, Public Works City Of Delray Beach Expense 53,351.00 Rentals Tents for Events Expense 5350.00 Graphics for advertising Expense Expense 1250.00 Payroll Helayne Stillings & Staff Expense 51,953.48 Rental Property Delray Joint Venture Expense 32,000.00 Lodgings and meals, travel Expense 5400.00 One Million Dollar liability ins policy Expense x$75.00 Administrative Overhead teiephane, mailings,etc Expense 51,800.00 Service Sut,Total 513,863.78 Total Expenses $17,793.20 Shaw Profit $2,506.20 AMB RD,~ CERTIFICATE ~F LIABILITY INSURANCE 14a418? ~~8/D~8/ ern Pr04111C61 TC i K Insurance Group, Inc , 1712 ttagnavooc way P.O. Box 2338 Tees c~+mFecwt~ es esswero ns w ueATT~ of Ie~d1YATIOM ON.Y AAEI GOM1Fe~tS IiiO IIIA1fi>; UPON Tle~ eCATE FIDL.DEii. TENS CERTeF1CATE ~ eeOR Ae~18ip EX1~MD QR ALT9t ~'nI+ cove~Aae: AF~pRDED 8Y TFies POI.~CE~ BELOW. Fort Wayne, Ia 45801 IN~IIRER! AFFOR~IMG CQVERAi4E RAeC / 41MlR~ PI04TP RD ALAN EVEIPCS LTD 888 GAI30 1 rrILYIERA: CRSAT AIBERICABT ASSURAl,TCS C A ~ U ( ? 5695 N. 8R01iARD 8LW_ R~ PLA1sTTATIO~N, FL 33324 4sglil-KRC: iiR k 41lDl~ItRE: THE POLICES OF IMSIIRAivICE itST~ 9ELOW HAVE BEEN 18911ED T'O T'}E ISO I+UJI~DA50VE FOR THE POLICY PER10D k1Di['J17F~. NOT1MT11STA~V[~ ANY RECU~iT, 'PERM OR CQI~IION QF AItiIY CONTRACT OR OTHER DOCEJMEHT WRH RESPECT TO WHICH THIS CER'l7FICJliE MAY lIE IS9liED OR MAY PERTAIN, THE iN6lIRANCE A!•RORDED BY TFE POL.IGES pESCAIBED FEREIN I$ SuB.IECT TO ALL THE T4~liAiS, EXCLUSIONS AHD CONbT1TONB OF Si.K:H POLICIES. AGGREGATE L8IIT9 SHOWN IIIAY FIAVE BEEN REDUCED BY PALO CLAMS. 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S1T8 ]L'L'>aL'® ADI>BT~T,TQ M10-11a NfYOP Y44f A440VS YMCI~IOLI~,Mi 4fE CMII~IiA1M011i1lM WRA7101I OATt 7T4wMOf. M rq~mlr OR~lI 11LL ~AYOI To rw. 3 D OAr7 Tr1~TTeT CITY OF D113I17]1Y rla~rTee TO TlrE L4!R11gCA7E 140roase rula~ T411M LMf, 411IT PARiIN TD DO 10 4f41LL iDn NIT 1sT AVt .Mar sro awA~ oR r.4nwurr or runr+ao 4Mau t4ot~ ns s.ens a4e D6LRAY 8ID1G7I, i2 33.444 ~s~~a~~ ~ ~ a A D D E N D CT M P A G E F O R C L R T I F I CAT B K & K INSURANCE GRQIIP, INC. CERTIFICATE: 1484182 DATE I3SU&D: 8/p8/p8 ACCOUNT NAME: HOWARD ALAN EVENTS LTD (SEE GAI3001) TYPE OP I1~T5URANCE: POLICY NUMBER: GENERAL LIABILITY PAC078B942206 AUTOMOBILE LIRHiLITY PAC0788942206 F]~CESS LIABILITY E%C0788942306 RB: 2ND ANNUAL DOWNTOWN DBLRAY BEACH NEW YEARS WEEFCSND CRAFT FESTIVAL DAT8fS1: 12/27-12/28/08 CG2024 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: September 5, 2008 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 AMENDMENT N0.2/LEASE AGREEMENT/EPOCH INC. ITEM BEFORE COMMISSION Amendment No. 2 to the Lease Agreement between the City of Delray Beach and Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH). BACKGROUND We are amending the attached lease on the Spady Multi-Cultural Museum properties to add the Munnings Cottage. The amendment references an Exhibit D -Historic Facade Architectural Control and Redevelopment Easement Agreement, which is a separate item on the September 16 agenda for Commission consideration that provides that the CRA will give Seventy-Five Thousand Dollars ($75,000.00) for renovation of the Munnings Cottage. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. AMENDMENT N0.2 T4 LEASE AGREEMENT THIS AMENDMENT NO. 2 to the Lease by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "Lessor" or "City", and EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC,, a Florida not- for-profit corporation authorized to do business in the State of Florida, hereinafter referred to as "EPOCH " or 'Lessee" is made this day of , 2008. WITNESSETH; WHEREAS, the parties entered into a Lease and Management Agreement for Premises know as the "Spady House Multicultural Museum Properties" on June 1, 2001; amended by Amendment No. 1 to the Lease Agreement on October 30, 2002; and WHEREAS, the Lease Agreement provided that the Lessor shall [ease unto the Lessee certain land and buildings and improvements thereon known as the "Spady Multi- cultural Museum Properties" orthe'Premises" located in the City of Delray Beach, Florida, as described in Exhibit "A"; and WHEREAS, the City has been asked to include a reference to the Munnings Cottage, which is located on the property in the Lease Agreement; and WHEREAS, the Lease A,greemen# provides that all modifications shall be in writing. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as fioliows: 1. Recitals. The above recitals are incorporated as if fully set forth herein. 2. Modifications. Paragraphs 1, "Demise and Description", 3, "Covenants of Lessee", Subsections c., "To Keep in Repair and in Good Condition", e., "Nat to Make Unlawful Use, etc.", j., 4To Indemnify Against Accidents and Negligence", and p., "Funding Agreerrment", of the Lease Agreement shall be amended to read as follows: 1. Demise and Description. That, subject to the terms and conditions hereinafter set out, the Lessor hereby lets and leases unto the Lessee that land and the buildings and improvements thereon including the Spady Museum and the Munnings Cottage which shall be hereinafter referred to k~ewn as the "Spady House Multi-Cultural Museum Properties" or the `"Premises", located in the City of Delray Beach, Florida, and which property is more particularly described in Appendix "A" attached hereto and made a part hereof. c. To Keea in Reaalr and In Good Condition. Lessee understands that the Lessor leases the premises "as is" at the date of the commencement of this Lease. Lessee witl renovated and restored the Spady House and plans to restore the Munnings Cottage structure.;-ate ~ Wises Lessee shall keep the structures in such or better repair as the same are from the date the restoration is completed, reasonable wear and tear accepted. Lessee shall, prior to completion of the restoration of the premises, keep the premises in such good or better repair as the same existed prior to the completion of the restoration. Lessee shall be responsible for the complete restoration of the premises including, but not limited to, the structural components, air conditioning and heating equipment, roof and exterior wa11s. It is also explicitly agreed that the duty of the Lessees shall include at all times the furnishing of all necessary. janitorial and cleaning services, including regular pest control service (except extraordinary measures or services such as complete tenting. of the structure), and care and maintenance of the building not otherwise expressly reserved to Lessor. Lessor shall be responsible for the maintenance of the exterior walls, roof, air conditioning and heating equipment and other structured components, maintain the grounds and irrigation system and the parking lot and fences, after the aforesaid initial renovation. e. Not to Make Unlawful Use, etc. That it will not make, or allow to be made, any unlawful, improper or offensive use of the premises which would be injurious to any person or property, or which would violate the laws of the State of Florida or of the United States, or any ordinance of the City of Delray Beach, or any administrative rules or regulations promulgated by the City Manager, yr which would affect or endanger any insurance on said building (or increase any premium thereof which is at all borne by the Lessor}, or which would violate Paragraph 10 of the Lease, or which would violate any term of the Interlocal Agreement between Palm Beach County, the City of Delray Beach and the Community Redevelopment Agency for the funding of the renovation of the Solomon D. Spady Multi-Cultural Museum dated pursuant to the Interiocal Agreement attached as Appendix "C" or an term of the Historic Fa ode Architectural Control and Redevelo rrment Easement A reement between the Communi Redevelo merit A ency the City of Dekay Beach and Expandin , and Preserving fur Cultural Herita a Inc. for fundin of the renovation ofthe Munnin s Cotta a dated ursuant to the A regiment attached hereto as A endix ``D'". j, To Indemni A ainst Accidents and Ne li ence. That it will hold harmless., indemnify and defend the Lessor, its officers, employees, and agents, from and against any and all loss, liability or expense tha# may be incurred by reason of any claim or litigation arising out of or in connection with Lessees' occupancy and use of the leased premises, including, but not limited to, any accident with the appliances and fixtures installed by the Lessees, or the gas, water 2 or other pipes, or from any damage or neglect arising from or in any way connected with the use, misuse or abuse of all utilities or from any neglect in not removing foreign objects from the sidewalks, grounds, structures, or raof of the buildings. p. Fundin A reemen#. Lessee, in addition to the Lease Aareement and Amendment thereto will abide by all terms and conditions in the Funding Agreement between Palm Beach County, the City of Delray Beach and the Community Redevelopment Agency and the Historic Facade Architectural Control and Redevelopment Easement Aareement. 3. Entire Aareement. Except as modified by this Amendment, the originaC Lease Agreement and Amendment No. 1 thereto shall remain in full force and effect. [N WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor 3 WITNESSES: / f /~ _ ~, ~~ ~ ' Print Name. ~ .S , .~ - ~ ~~ ~~ P mt Name: ~l-~Ct` ~- f~rG~ STATE OF FLO IDA COUNTY OF <</'v-, ~ -'1 EXPAN ING AND PRESERVING OUR/ ULTU L HERITAGE, INC. By N~-y Print Name: Title Q.u. The foregoing instrument was acknowledged before me thi , 2008, by title officer or agent} acknowledging), a behalf of the corporation. ~.~ A ~ ; ,~ ~ ~n1e of of ~ .,d.L ,~pr~l~' Syr ~.-~/ name (state or place of incorporation} s,~ day of o icer ar agent, of corporation corporation, on Me1She i~ersonal]y .known to me or has produced (type of identification fas identification and did (did no#) take an oath. ~ ;~~;~,, ~ ign ure of Notary Public- tate ~: ~ ~ ~-Y coM~lssroff ~ no s~ase of lorida ~~ , ° EXPIR~3: Mey 10, 2ott s«w.a 1s~,rHewy ue.,. 4 APPENDIX "A" Lots 5 and b and the North 26.25 feet of Lot 7, Melvin Burds Subdivision of the North half of Block 19, shown on the Map of Town of Linton (navy Delray Beach), according to the map or plat thereof as recorded in Plat Book 11, Page 73 of the Public Records of Palm Beach Caunty, Florida. Together with The South Z 2 feet of Lot 7 and all of Lot $, Melvin Burds Subdivision of the North half of Block 19, shown on the map of Town of Linton {now Delray Beach), according to the map or plat thereof as recorded in Plat Book 11, Page 73 of the Public Records of Palm Beach County, Florida. 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I n F ~. ~ ~. a I i I I~ n W P IfE4 0. ~ ~ I V ~~ t.. O C~ .f cx j I II °I I MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: September 8, 2008 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 HISTORIC FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT AGREEMENT/EPOCH/CRA ITEM BEFORE COMMISSION Historic Facade Architectural Control and Redevelopment Easement Agreement between the City, EPOCH and the CRA. BACKGROUND The attached agreement between the City, EPOCH, and the CRA provides that the CRA will give Seventy-Five Thousand Dollars ($75,000.00) for renovation of the Munnings Cottage located at 154- 170 NW 5th Avenue. The agreement also provides that the historic intergrity of the structure be maintained. The subject property is owned by the City and leased to EPOCH under a separate lease agreement which encompasses the Spady Multicultural Museum and the Munnings Cottage. RECOMMENDATION The City Attorney's Office recommends approval. Document Prepared ay David N. Tolces, Esq. Goren, Cl~erof, Doody & Fzrol, PA 3U99 E. Commercial Blvd., #200 Fort Lauderdale, FL 333fl8 HISTORIC FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT AGREEMENT THIS HISTORIC FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT made this day of , 2008, by and between the CITY OF DELRAY BEACH ("CITY"), a Florida municipal corporation, and EXPANDING AND PERSERVING OUR CULTURAL HERITAGE, INC. ("EPOCH"), a Florida not for profit corporation, collectively referred to as "Grantor", and the CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163 of the Florida Statutes, ("Grantee"}. WITNESSETH: WHEREAS, the Grantee is organized as a redevelopment agency under the laws of the State of Florida and is empowered to facilitate redevelopment of designated areas within the City of Delray Beach, Florida; and WHEREAS, the Grantee is authorized to preserve significant properties within its redevelopment area and to facilitate the redevelopment of properties which have deteriorated and are a part of the slum and biigh# within such area and after redevelopment to preserve such improvements in order to .maintain the integrity of the redevelopment project; and WHEREAS, the CITY is owner in fee simple of certain real properly in the City of Delray Beach, Palm Beach County, Florida, (hereinafter "the Premises,") described herein, said Premises; WHEREAS, pursuant to a Lease Agreement dated June 1, 2001 between the CITY and EPOCH, and as amended by the First Amendment to the Lease Agreement dated October 30, 2002, (the "Lease"), the CITY has leased a portion of the Premises to EPOCH for the placement of a structure known as the Munnings Cottage, {hereinafter the "Building"}, which was owned by EPOCH and is more particularly described below; and WHEREAS, the Grantee 'ts willing to provide Seventy Five Thousand Dollars {$75,D00.00) to EPOCH, for the renovation of the Building that was relocated to the Premises for use by EPOCH; and - --WHEREAS; tie-Grantor---and-Grantee-recogniz~~he~calue~an~significance of restoring, preserving, and controlling the architectural appearance and facade of the exterior of the Building and the appearance of the. Premises as they relate to the overall integrity of the redevelopment of the area within which the Premises are located and have the common purpose of conserving and preserving the value and integrity of the redevelopment efforts expended. Said Premises including one structure commonly known as the Munnings Cottage (hereinafter "the Building"), and is mare particularly described as follows: Lots 5 and 6 and the North 26.25 feet of Lot. 7, Melvin Burds Subdivision of the North half of Block 19, shown on the Map of Town of Linton {now Delray Beach.), according to the map or plat thereof as recorded in Plat Book 11, Page 73 of the Public Records of Palm Beach County, Florida. Together with The South 12 feet of-Lot 7 and all of Lot 8, Melvin Burds Subdivision of the North half of Block 19, shown on the map of Town of Linton {now Delray Beach), according to the map or plat thereof as recorded in Piat Book 11, Page T3 of the Public Records of Palm Beach County, . Florida. and WHEREAS, the Grantor and Grantee recognize the historical, cultural, and aesthetic value and significance of the Premises, and have the common purpose of conserving, and preserving the aforesaid value and significance of the Building; and WHEREAS, the grant of the Historic Facade Architectural Control and Redevelopment Easement by Grantor to Grantee on the real properly referred to herein will assist in preserving and maintaining the Premises and its architectural, historical, and cultural features; and WHEREAS, the grant of the easement by Grantor to Grantee on the Historic Facade Architectural Control and Redevelopment Easement to Grantee on the Premises will assist in preserving and maintaining the aforesaid value, integrity of the Premises, redevelopment effort and historic significance of the Premises; and WHEREAS, as well as providing the assurances required by the Grantee that its redevelopment efforts will be preserved; and WHEREAS, to that end, Grantor desires to grant to Grantee, and Grantee desires to accept, a His#oric Facade Architectural Control and Redevelopment Easement on the Premises, pursuant to the Larws of the State of Florida. NOW, THEREFORE:, in consideration of the payment of Seventy Five Thousand and 001100 Dollars {$75,OOD.00) and other .good and valuable consideration by the 2 Grantee to the Grantor, receip# of which is hereby acknowledged, Grantor does hereby irrevocably grant and convey unto the Grantee a Historic Facade Architectural Control and Redevelopment Easement in gross in perpetuity (which easement is more particularly described below and is hereinafter "the Easemen#") in and to that certain real property and the exterior surfaces of the Building located thereon, owned by the Grantor, and more particularly described as: The Easement, to be of the nature and character hereinafter further expressed shall constitute a binding servitude upon said Premises of the Grantor, and to that end Grantor covenants on behalf of itself, its successors, and assigns, with Grantee, its successors, and assigns, such covenants being deemed to run as a binding servitude, in perpetuity, with the land, to do upon the Premises each of the following covenants and stipulations, which contribute to the public purpose in that #hey aid significantly in the preservation of the .Building and surrounding land area, and which help maintain and assure the present and future historic integrity of the Building:. 1. Description of Facade. In order to make more certain the full extent of Grantor's obligations and the restrictions on the Premises (including the Building}, and in order to document the external nature- of the Building as of the date hereof, attached hereto as Exhibit "A" and incorporated herein by this reference area set of photographs depicting the exterior surfaces of 'the Building and the surrounding property. It is stipulated by and between Grantor and Grantee that the external nature of the Building as shown in Exhibit 'B" is deemed to be the extemal nature of the Building as of the date hereof and as of the date this instrument is first recorded in the land records of Palm Beach County, State of Florida. The external nature of the Building as shown in Exhibit "B" is hereinafter referred to as the "Facade". 2. Grantor's Covenants. In furtherance of the easement herein granted, Grantor undertakes, of itself, to do (and #o refrain from doing as the case may be) upon the Premises each of the following covenants, which contribute to the public purpose of significantly protecting and preserving the Premises: (a) Grantor shall not demolish, remove or raze the Building or the Facade except as provided in Paragraphs 6 and 7. (b} Without the prior express written permission of the Grantee, signed by a duty authorized representative thereof, Grantor shall not undertake any of the following actions: (i} increase or decrease the height of the Facade or the Building; (ii) adversely affect the structural soundness of the Facade; (iii) make any changes in the Facade including the alteration, partial r~aval; cans#ru6tior}_-r~rx~d - . ~ngTo~vther~pbysicai!-o~-structural--.change ~~ridl~ng_any change in color or surfacing, with respect to the appearance or construction of the Facade, with the exception of ordinary maintenance pursuant to Paragraph 2(c) below; 3 {iv} erect anything on the Premises or on the Facade which would prohibit them from being visible from street level, except for a temporary structure during any period of approved alteration or restoration; {v) permit any significant reconstruction, repair, repainting, or refinishing of the Facade that alters their state from the existing condition. This subsection (v) shall not include ordinary maintenance pursuant to Paragraph Z(c) below; {vi} erect, construct, or move anything an the Premises that would encroach on the open land area surrounding the Building and interfere wi#h a view of the Facade or be incompatible with the historic or architectural character of the Building or the Facade.. (c) Grantor agrees that at all times to maintain the Building in a good and sound state of repair and to maintain the Facade and the structural soundness and safety of the Building and to undertake a main#enance program so as to prevent deterioration of the Facade which shall include but not be limited to repainting at least once every five {5) years. Subject to the casualty provisions of Paragraphs 5 through 7, this obligation to maintain shall require replacement, rebuilding, repair, and reconstruction whenever necessary to have the external nature of the Building at all times appear to be and actually be the same as the Facade. (d) No buildings or structures, including satellite receiving dishes, camping accommodations, or mobile homes not presently on the Premises shall be erected or placed on the Premises hereafter, except for temporary structures required for the maintenance or rehabilitation of the property, such as construction trailers. (e) No signs, billboards, awnings, or advertisements shall be displayed or placed on the Premises or Building; provided, however, that Grantor may, with prior written approval from and in the sole discretion of Grantee, erect such signs or awnings as are compatible with the preservation and conservation purposes of this easement and appropriate to identify the Premises and Building and any activities on the Premises or in the Building, including signage recognizing entities that contributed to the preservation, restoration, and conservation of the Premises and Building. Such approval from Grantee shall not be unreasonably withheld. (f) No topographical changes, including but not limited to excavation, shall occur on the Premises, provided, however, that Grantor may, with prior written approval from and in the sale discretion of Grantee, make such topographical changes as are consistent with and reasonably necessary to promote the preservation and conservation purposes of this easement. - {g}~ ~"ei~-ehaa~--be~o-re~va~-des#~ustign-or-cuuttingdown-~f-#~ees,- -~- shrubs, or other vegetation on the Premises; provided, however, that Grantor may with prior written approval from and in the sole discretion of Grantee, undertake such 4 landscaping of the Premises as is compatible with the preservation and conservation purposes of this easement and which may involve removal or alteration of present landscaping, including trees, shrubs, or other vegetation. In all events, Grantor shall maintain trees, shrubs, and lawn in good manner and appearance in conformity with good forestry practices. {h) No dumping of ashes, trash, rubbish, or any other unsightly or offensive materials shall be permitted on the Premises. (i) The Premises shall be used only for purposes consistent with the preservation and conservation purposes of this easement. {j} The Premises shall not be subdivided and the Premises shall not be devised or conveyed except as a .unit. {k} No utility transmission lines, except those reasonably necessary for the existing Building, may be created on said land, subject to utility easements already recorded. Installation of a gas fine to serve the Premises and Building may be installed with the prior written approval of the Grantee. {[) To maintain at all times the subject property on the City of Delray Beach's local historic designation pursuant to the requirements of Section 4.5.1 0# the City of Delray Beach Land Development Regulations, as may be amended from time to time. 3. Public View. Grantor agrees not to obstruct the substantial and regular opportunity of the public to view the exterior architectural features of any building, structure, or improvements of the Premises from adjacent publicly accessible areas such as public streets. 4. Standards for Review. In exercising any authority created by the Easement to inspect the Premises, the Building, or the Facade; to review any construction or alteration; or to review casualty damage or to reconstruct or approve reconstruction of the Building following casualty damage, Grantee shall apply the Standards for Rehabilitation and Guidelines for Rehabilitating Historic Building, issued and as may be amended from time to time by the Secre#ary of the United States Department of the Interior (hereinafter the "Standards"} andlor state or local standards considered appropriate by Grantee for review of work affecting historically or architecturally significant structures or for .construction of new structures within historically, architecturally, or culturally signifcant areas, and whenever Grantee receives notice that the Standards have been amended, it shall notify Grantor of the amendment. In the sole judgment of the Grantee, the .Grantee may apply reasonable alternative standards and notify Grantor of the substituted standards. - - --- ~~ - -- - ~~ - ----~aeealt~-Damage-of-Des#~e~iora--fra--~ht~a~ the-P-rer~+ses er amp-- part thereof shall be damaged or destroyed by casually, the Grantor shall notify the Grantee in writing within three (3} days of the damage or destruction, such notification y including what, if any, emergency work has already been completed. For .purposes of this instrument, the term "casualty" is defined as such sudden damage or loss as would qualify for a loss deduction pursuant to Section 165(c)(3) of the U.S. Code (construed without regard to the legal status, trade, or business of the Grantor or any applicable dollar limitation). No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Property and to protect public. safety, shall be undertaken by Grantor without the Grantee's prior written approval of the work. Within four (4} weeks of the date of damage or destruction, the Grantor shall submit to the Grantee a written report prepared by a qualified restoration archi#ect and an engineer, if required, acceptable to the Grantor and the Grantee which shall include the following: (a) an assessment of the nature and the extent of the damage; (b) a determination of the feasibility of the restoration of the Facade andlar reconstruction of damaged or destroyed portions of the Premises; and {c) a report of such restorationlreconstruction work necessary. to return the Premises to the condi#ion existing at the date (hereof or of the completion of any required work as set forth in the Easement). If in the opinion of the Grantee, after reviewing such report, the purpose and intent of the Easement will be served by such restoratioNreconstruction, the Grantor shall, within eighteen {18) months after the date of such change or destruction, complete the restorationlconstruction of the premises in accordance with plans and specifications consented to by the Grantee up to at least the total of the casualty insurance proceeds. Grantee has the right to raise funds toward the costs of restoration of partially destroyed premises above and beyond the total of the casualty insurance proceeds as may be necessary to restore the appearance of the Facade, and such additional casts shall constitute a lien on the Premises until repaid by Grantor. 6. Grantee's Remedies Following Casualty. Damage. The foregoing notwithstanding, in the event of damage resulting from casualty, as defined at Paragraph 5, which is of such magnitude and extent as to render repairs or reconstruction of the Building impossible using all applicable insurance proceeds, as determined by Grantee by reference to bona fide cost estimates, then {a) Grantee may elect to reconstruct the Building using insurance proceeds, donations, or other funds received by Grantor or Grantee on account of such casualty, but otherwise at its own expense {such expense of Grantee to constitute a lien on the premises until repaid in full); or {b) Grantee may elect to choose any salvageable portion of the Facade and remove them from the premises, extinguish the easement pursuant to Paragraph, 24~_and this instrument shall thereupon lapse and be of no further force and such fact suitable for recording in the land records of Palm Beach County, Florida, and .Grantor shall deliver to Grantee a good and sufFcient Bill of Sale for such salvaged s portions of the Facade. 7. Review After Casualty_,Loss. if in the opinion of the Grantee, restorationlreconstruction would not serve the purpose and intent of the Easement, then the Grantor shall continue to comply with the provisions of the Easement and obtain the prior written consent of the Grantee in the event the Grantor wishes to alter, demolish, remove, or raze the Building, andlor construct new improvements on the Premises. 8. Grantee's Covenants. The Grantee hereby warrants and covenants that: {a) In the event the Grantee shall cease to exist, then all of its rights and obligations under the easement shall pass to and inure to the benefit of the City of Delray Beach, Florida. (b) Grantee may, at its discretion and without prior notice to Grantor, convey, assign, or transfer this easement to a unit of federal, state, or focal government or to a similar focal, state, or national organizafion whose purposes, inter olio, are to promote the preservation of the redevelopment effort expended on the Premises and the surrounding properties, provided that any such conveyance, assignment, or transfer requires that the preservation and redevelopment purposes for which the easement was granted will continue to be carried out. {c) Grantee shall exercise reasonable judgmen# and care in performing its obligations and exercising its rights under the terms of the Easement. 9. Inspection. Grantor hereby agrees that representatives of Grantee shad be permitted at all reasonable times to inspect the Premises, including the Facade and the Building. Grantor agrees that representatives of Grantee shall be permitted to enter and inspect the interior of the Building to ensure maintenance of structural soundness and safety; inspection of the interior will not, in the absence of evidence of deterioration, take place more often than annually, and may involve reasonable testing of interior structural condition. Inspection of the interior will be made at a time mutually agreed upon by Grantor and Grantee, and Grantor covenants not to withhold unreasonably its consent in determining a date and time for such inspection. 10. Grantee's Remedies. Gran#ee has the following legal remedies to correct any violation of any covenant, stipulation, or restriction herein, in addition to any remedies now or hereafter provided by law:. {a) Grantee may, #ollowing reasonable written notice. to Grantor, institute suit{s) to enjoin such violation by ex parte, temporary, preliminary, andlor permanent, injunction, including prohibitory andlor mandatory injunctive relief, and to require the .restoration of the Premises to the condition and appearance required under this instrument. {b) Representatives of the Grantee may, following reasonable notice to Gran#or, enter upon the Premises, correct any such violation, and hold Grantor, its 7 successors, and assigns, responsible for the cost thereof. (c) Grantee shall exercise reasonable care in selecting independent contractors if it chooses to retain such contractors to correct any such violations, including making reasonable inquiry as to whether any such contractor is properly licensed and has adequate liability insurance and workman's compensation coverage. {d) Grantee shall also have available all legal and equitable remedies to enforce Grantor's obligations hereunder. (e) In the event EPOCH is found to have violated any of its obligations, EPOCH shall reimburse Grantee for any costs or expenses incurred in connection therewith, including all reasonable court costs, attorney's fees at the trial and appellate levels, in addition to any architectural, engineering, and expert witness fees. (~e) Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limi#ing the use of any other remedy or the use of such remedy at any other time. 11. Notice from Government Authorities. Grantor shall deliver to Grantee copies of any notice, demand, letter, or bill received by Gran#or from any government authority within five {5) days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with such notice, demand, letter, or bill, where compliance is required by law. . 12. Grantor shall promptly notify Grantee in writing of any proposed sale of the Premises and provide the opportunity for Grantee to explain the terms of the Easement to potential new owners prior to sale closing. 13. Runs with the Land. The obligations imposed by this Easement shall be effective in perpetuity and shall be deemed to run as a binding servitude with the premises. This Easement shall extend to and be binding upon Grantor and Grantee, their respective successors in interest, and all persons hereafter claiming under or through Grantor and Grantee., and the words "Grantor" and "Grantee" when used herein shall include all such persons. Anything contained herein to the contrary notwithstanding, aperson shall have no obligation pursuant to this instrument where such person shall cease to have any interest in the premises by reason of a bona fide transfer. Restrictions, stipulations, and covenan#s contained in this instrument shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the premises or any part thereo#, including,. by way of example and not limitation, a lease of office space. --- -- --~--Per# -- _- ~ - - --- --- ~ ~ - - - - _-_. 'Id.~ Rcrnrrlinrr ~r~~e o~ necessary to the prompt recording of this instrument in the land records of Palm Beach County, Florida. This instrument is effective only upon recording in the Public Records 8 of Palm Beach County, Florida. 1 fi. Existing Liens. Grantor warrants to Grantee that no lien or encumbrance exists on the premises as of the date hereof. Grantor shall immediately cause to be satisfied or release any lien or claim of lien that may hereafter come to exist against the premises which would have priority over any of the rights, title, or interest hereunder of Grantee. 16. Subordination of Mort a es and Leases. Grantor and Grantee agree that all mortgages and rights in the property of all Mortgages and Leases are subject and subordinate at all times to the rights of the Grantee to enforce the purposes of the Historic Facade Architectural Control and Redevelopment Easement. The following provisions apply to all Mortgagees now existing or hereafter holding a mortgage on the Premises. (a} If a mortgage grants to a Mortgages the right to receive the proceeds of condemnation proceedings arising from any exercise of the power of eminent domain as to all or any part of the Premises or the right to receive insurance proceeds as a result of any casualty, hazard, or accident occurring to or about the Premises, the Mortgagee shall have a prior claim to the insurance and condemnation proceeds and shall be entitled to same in preference to Grantee until the mortgage is paid off and discharged, notwithstanding that the mortgage is subordinate in priority to. the Easement (b} If a Mortgagee has received an assignment of the leases, rents, and profits of the Premises as security or additional security for a loan, then the Mortgagee shall have a prior claim to the leases, rents, and profits of the Premises and shall be entitled to receive same in preference to Grantee until said Mortgagee's debt is paid off, notwithstanding that the Mortgage is subordinate to the Easement. (c) Until a Mortgagee or purchaser at foreclosure obtains ownership of the Premises following foreclosure of its Mortgage or deed in lieu of foreclosure, the Mortgagee or purchaser shall have no obligation, debt, or liability under the Easement. (d) Before exercising any right or remedy due to breach of the Easement except the right to enjoin a violation hereof, Grantee shall give all Mortgagees of record written notice describing the default, and the Mortgagees shall have sixty (fi0) days thereafter to cure or cause a cure of the default. (e) Nothing contained in the above paragraphs or in the Easement shall be construed to give any Mortgagee the right to extinguish this Easement by taking title to the Premises by foreclosure or otherwise. _ _ 17. Indemnification. EPOCH hereby agrees to pay, protect, indemnify, hold and employees, or independent contrac#ors from and against any and all claims., liabilities, expenses, costs, damages, losses, and expenditures (including reasonable 9 attorneys' fees and disbursements hereafter incurred} arising out of or in any way relating to the administration, performed in good faith, of this Historic Facade Architectural Control and Redevelopment Easement, including, but not limited to, the granting or denial of consents hereunder, the reporting on or advising as to arty condition on the Premises, and the execution of work on the Premises. This provision shall not be deemed to affect a waiver of sovereign immunity. 18. Taxes. Grantor shall pay immediately, when first due and owing,. all general taxes, special taxes, special assessments, water charges, sewer service charges, and other charges which may became a lien on the premises. Grantee is hereby authorized, but in no event required or expected, to make or advance, upon three (3} days prior written notice to Grantor, in the place of Grantor,. any payment relating to taxes, assessments, water rates, sewer rentals, and a#her governmental or municipality charge, fine, imposition., or lien asser#ed against the premises and may do so according to any bill, statement, or estimate procured from the. appropriate public office without inquiry into the accuracy of such bill, statement, or assessment or into the validity of such tax, assessment, sale, or forfeiture. Such payment, if made by Grantee, shall become a lien on the premises of the same priority as the item if not paid would have had and shall bear interest until paid by Grantor at two {2) percentage points over the prime rate of interest from time to time charged by SunTrust Bank, South Florida, N.A. 19. Insurance. It shall be EPOCH's obligation to keep the premises. insured , and maintain the insurance coverages as required by the Lease entered into between EPOCH and the CITY. Such insurance shall name Grantee as an additional insured and shall provide for at least thirty (30} days' notice to Grantee. before cancellation and that the act or omission of one insured will not invalidate the policy as to the other insured party. Furthermore, the EPOCH shall deliver to the Grantee fully executed copies of such insurance policies evidencing the aforesaid insurance coverage at the commencement of this grant and copies of new or renewed policies at least ten (10) days prior to the expiration of such policy. The Grantee shall have the right to provide insurance at the EPOCH's cost and expense, should the EPOCH fail to obtain same. In the event the Grantee obtains such insurance, the cost of such insurance shall be a lien on the Premises until repaid by the EPOCH. 20. Written Notice. Any notice which either Grantor or Grantee may desire or be required to give to the other party shall be in writing and shall be mailed postage prepaid by registered or certified mail with return receipt requested, or hand delivered; rfi to Grantor, then in care of the City Attorneys' Office at 200 N.W. First Avenue, Delray Beach, Florida 33444, and to EPOCH, c!o Vera Ferrington, 170 NW 5th Avenue, Delray Beach, Florida 33444, and if to Grantee, then to 20 North Swinton Avenue, Delray Beach, Florida 33444. Each party may change its address set forth herein by a notice to such effect to the other party. Any notice, consent, approval., agreement,. or amendment permitted_ or required of Grantee under the Easement may be given by the Grantee. 10 21. Evidence of Compliance. Upon request by Grantee, Grantor shall promptly famish Grantee with evidence of Grantor's compliance with any obligation of Grantor contained herein. 22. Extinguishment. Grantor and Grantee hereby recognize that an unexpected change in the conditions surrounding the Premises may make impossible the continued ownership or use of the Premises for the preservation and conservation purposes and necessitate extinguishment of the Easement. Such a change in conditions includes, but is not limited to, partial or total destruction of the Building or the Facade resulting from a casualty of such magnitude that Grantee approves demolition as explained in Paragraph 5 and 7, or condemnation or loss of title of all or a portion of the Premises, the Building, or the Facade. Such an extinguishment must comply with the following requirements: (a} The extinguishment must be the result of a final judicial proceeding; {b} Grantee shall be entitled to share in the net proceeds resulting from the extinguishment in an amount equal to the value of the Easement. {c} Net proceeds shall include, without limitation, insurance proceeds, condemnation proceeds of awards, proceeds from a sale in lieu of condemnation, and proceeds from the sale or exchange by Grantor of any portion of the Premises after the extinguishment, but shall specifically exclude any preferential claim of a Mortgagee under Paragraph 1fi. 23. Interpretation and Enforcement. The following provisions shall govern the effectiveness, interpretation, and duration of the Easement. (a} Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of property shall not apply in the construction or interpretation of this instrument, and this instrument shall be interpreted broadly to effect its preservation and conservation purposes and the transfer of rights and the restrictions on use herein contained as provided in the Act. (b} This instrument shall extend to and be binding upon Grantor and all persons hereafter claiming under or through Grantor, and the word "Grantor" when used herein shall include all such persons, whether or not such persons have signed this instrument or then have an interest in the premises. Anything contained herein to the contrary notwithstanding, aperson shall have no obligation pursuant to this instrument where such person shall cease to have any interes# (present, partial, contingent, collateral, or future) in the premises by reason of a bona fide transfer for full value. Any right, title, or interest herein granted to Grantee also shalf be deemed granted to each successor and assign of Grantee and each such following successor and assign thereaf, and the word "Grantee" shall_include all such successors and assigns. (c) This instrument is executed in counterparts, each page of which (including exhibits) has been initialed by Grantor and Grantee for purposes of 11 identification. In the event of any disparity between the coup#erparts produced, the recorded counterpart shall in all cases govern.- Except as provided above, each counterpart sha11 constitute the agreement of the parties. Immediately after execution hereof, one counterpart shall be held by each of Grantor, Grantee, and the preparer of this instrument, David N. Tolces, Esq. (d) To the extent that Grantor owns or is entitled to development rights which may exist now or at some time hereafter by reason of the fact that under any applicable zoning or similar ordinance the Premises may be developed to use more intensive (in temps of height, bulk, or other objective criteria regula#ed by such ordinances) than the Premises are devoted as of the date hereof, such development rights shall not be exercisable on, above, or below the Premises during the term of the Easement, nor shall they be transferred to any adjacent parcel. (e) For purposes of furthering the preservation of the Premises and Building and of furthering the other purposes of this instrument, and to meet changing conditions, Grantor and Grantee are free to amend jointly the terms of this instrument in writing without notice to any party; provided; however, that na such amendmen# shall limi# the perpetual duration or interFere with the .preservation and conservation purposes of the donation Such amendment shall become effective upon recording among the land records of Palm Beach County, Florida. (f} The terms and conditions of this easement shall be referenced in any transfer of the property by the Grantor, his heirs, successors, and assigns. (g) The invalidity or unenforceability of any provision of this instnament shall not affect the validity or enforceability of any other provision of this instrument or any ancillary or supplementary agreement relating to the subject matter hereof. (h) This instrument is made pursuant to the laws of the State of Florida, but the invalidity of such statute or any part thereof shall not affect the validity and enforceability of this instrument according to its terms, it being the intent of the parties to agree and to bind themselves, their successors, and their assigns in perpetuity to each term of this instrument whether this instrument be enforceable by reason of any state#e, common law, or private agreement either in existence now or at any time subsequent hereto. This instrument may be re-recorded at any time by any person if the effect of such re-recording is to make more certain the enforcement of this instrument or any part thereof. The invalidity or unenforceability of any provision of this instrument shall not affect the validity or enforceability of any other provision of this instrument or any ancillary or supplementary agreement relating to the subject matter hereof. (i) Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction __ ._ methods, or use. In the event of any conflict between any such ordinance or regulation cooperate with Grantee and the applicable governmental entity to accommodate the purposes of both this instrument and such ordinance or regulation. 12 (j) This instrument reflects the entire agreement of Grantor and Grantee. Any prior or simultaneous correspondence, understandings, agreements, and representations are null and void upon execution hereof,. unless set out in this instrument. (k} Wherever the approval of the Grantee is required in this Agreement, such approva! shall not be arbitrarily withheld. IN WITNESS WHEREOF, o this Historic Facade Archi#ectural executed, sealed,. and delivered;. accepted, sealed, and executed in attested by its Secretary. n the date first shown above, Grantor has caused Control and Redevelopment Easement to be and Grantee has caused this instrument to be its corporate name by its Executive Director and GRANTOR: CITY OF DELRAY BEACH, FLORIDA ATTEST: City Cierk Approved as to Form: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH Rita Ellis, Mayor The foregoing instrument was acknowledged before me this day of 2008 by Rita Ellis, as Mayor of the City of Delray Beach, a Florida municipal corporation, on behalf of the corporation. She is personalty known to me, or has produced as idea#ification. No#ary Public Print Name: My Commission Expires: 13 ATTEST: Secretary STATE OF FLORIDA GOUNTY OF PALM BEACH EXPANDING AND PRESERVING OUR CULTU HERIT GE 13y: Vera R. rrington, Pres' ent (CORPORATE SEAL) The foregoing instrument was acknowledged before me this day of 2008 by Vera F. Ferrington, as President of the City of Delray e Historical EPOCH, a Florida municipal corporation, on behalf of the corporation. ~,,~~ He is personally known to me, or has produced as identification. - ~ ~. t Public r "•,•,,•,• AEFREDSTRA(4RJ MY COMMISSION N DD 659$58 Print Name: ~~ ~~ ~ Baaea thru Naary P~iie Usidam~ilers Commission No. My Commission Expires: By: (sEAL) GRANTEE: DELRAY BEACH COMMUNITY REDEV M T GENCY ey: Frank Wheat, Chair 14 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument ~c~: , 204 ~ , by Frank was acknowledged before me Wheat, as Chair, of the Delray Redevelopment Agency, a Florida public agency, on personal) known to me or has produced ~~cation) as ident~i ication. behalf of the this ~~~ day of Beach Community agency. He/She is {type of Nota Public - S#ate Florida DNT:dnt H:120071U706231Munnings Cottage Facade Grant Agmt{8-7-0$}.doc $`*~`~ .IEAN MOOREFiEI D y, MY COMMISSION ~ DD443156 ~~Op fly EXPIRES: Juce 22, appg (~~7 396-0159 Florida Notary Sorvioe.oom 15 SCHEDULE OF EXHIBITS A. Photographs of Protected Property (Baseline Documentation) B. External Facade of the Building 16 ~ - 4 ~ i ~i~ , MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director, Environmental Services Department THROUGH: David Harden; City Manager DATE: September 11, 2008 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 SERVICE AUTHORIZATION #07-08 TO MATHEWS CONSULTING INC./ AREA 11A RECLAIMED WATER SYSTEM ITEM BEFORE COMMISSION Service Authorization #07-08 to Mathews Consulting, Inc. in the amount of $249,831.00 for professional engineering services in the design of Area 11A of the Reclaimed Water System, P/N 2008- 048. BACKGROUND The City has successfully completed Areas 1, 2, 3, and 4 as identified in the Reclaimed Water Master Plan (adopted in 2003). The next area identified for supplying reclaimed water is Area 11, more specifically identified as the section on the Barrier Island north of Atlantic Avenue. Under a previously approved service authorization (March 2008), the consultant performed a Study and Report Phase for Area 11 consisting of a corridor analysis for pipeline routing; and a Preliminary Design Phase which included establishing basic parameters for converting a portion of an existing wastewater booster pump station to a reclaimed booster pump station, design parameters for the Area 11 reclaimed transmission and distribution system, and a preliminary opinion of probable construction cost. Due to the size of Area 11, it will be subdivided into two areas, 11A and 11 B respectively, with the project design and construction split over two years. Area 11A includes two construction phases. Phase I consists of the conversion of a portion of the wastewater booster pump capacity to reclaimed water capacity for an estimated cost of $765,304, and phase II includes the construction of the transmission system from the pump station (at NE 3rd St/NE 4tr' Ave) east to the Intracoastal, crossing at NE 1st St, and expanding the transmission/distribution system from Lowry St north to Sea Spray Avenue for an estimated cost of $2,029,572. Area 11B involves expanding the transmission/distribution system from Beach Drive north to George Bush Blvd. This service authorization is for professional services in the design of Area IIA only. From a construction standpoint, there will be two construction packages; one contract for the Reclaimed Water Booster Pump Station conversion (Contract 1) and one for the construction of the Reclaimed Water Transmission/Distribution system identified as Area 11A (Contract 2). Services under this authorization involve providing final engineering design, surveying, geotechnical services, field verifications of existing utilities, permitting, and bidding services required in preparing bid packages for the Area 11A Reclaimed Water Transmission and Distribution system and for the Reclaimed Water Booster Pump Station. Not included is the need for additional services due to uncertainties discovered during surveying, field verifications, soils investigations, and potential property or easement acquisitions. Such services, if needed, will require written authorization from the City; estimated not to exceed $15,000. Total cost for Service Authorization #07-08 is $249,831.00. Total estimated construction cost for this project is $2,794,900. We have received preliminary notification that South Florida Water Management District staff will recomend that the District Board award an Alternative Water Supply grant to the City for this project in the amount of $1,118,000. FUNDING SOURCE Funding is available from account #441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water Transmission. RECOMMENDATION Staff recommends approval of Service Authorization #07-08 to Mathews Consulting, Inc. in the amount of $249,831.00 for professional engineering services relating to the final design of the Area 11A Reclaimed Water System, P/N 2008-048. PROJECT: City of Delray Beach Reclaimed Water System Area 11 and Area 12, Phase 1 PRELIMINARY DESIGN REPORT COST OPTION DATE: May 2008 DIVISION NO DESCRIPTION : Reclaimed Water In-line Booster Pump Station QUANTITY UNIT UNIT PRICE INSTALLATION OTAL SUBTOTAL General General Conditions (16.5%)" $1.00 L.S. $90,326 1.00 $90,326 Subtotal -General , DIVISION 2 -CIVIL (Yard piping) DI Pipe, 24-inch (underground) 150 LF $110.00 1.05 $17,325 24-inch Pipe Restrains (underground) 0.600 TON $6,000.00 1.05 $3,780 Mech Fittings, restrained 5.130 TON $6,000.00 1.05 $32,319 Tie-into existing 36-inch DI Pipe 1 LS $10,000.00 1.05 $10,500 24 MJ Butterfly Valve 2 EA $4,500.00 1.05 $9,450 36 MJ Butterfly Valve 1 EA $9,500.00 1.05 $9,975 3-inch AARY Assembly 1 LS $2,500.00 1.05 $2,625 Paint pipe 1 LS $2,500.00 1.05 $2,625 Concrete pads/pipe supports 1 LS $5,000.00 1.05 $5,250 Wall demo/repair 1 LS $2,500.00 1.05 $2,625 Restoration (trees) 1 LS $5,000.00 1.05 $5,250 DIVISION 15 -MECHANICAL Flanged Fittings 7.17 TON $6,000.00 1.05 $45,171 Flanges 2.820 TON $6,000.00 1.05 $17,766 Flanged Pipe, 10-inch 4 LF $45.00 1.05 $189 Flanged Pipe, 12-inch 12 LF $55.00 1.05 $693 Flanged Pipe, 16-inch 8 LF $70.00 1.05 $560 Flanged Pipe, 24-inch 52 LF $110.00 1.05 $5,720 Flanged Gate Valve, 10-inch 2 EA $2,500.00 1.05 $5,000 Flanged Gate Valve, 12-inch 2 EA $3,500.00 1.05 $7,000 Flanged ButterFly Valve, 16-inch 1 EA $2,000.00 1.05 $2,000 Flanged ButterFly Valve, 24-inch 1 EA $4,500.00 1.05 $4,500 Flanged Check Valve, 12-inch 2 EA $6,500.00 1.05 $13,000 Flanged Check Valve, 16-inch 1 EA $8,500.00 1.05 $8,500 Flex Coupling, 10-inch 4 EA $2,000.00 1.05 $8,000 3-inch AARY Assembly 2 EA $2,000.00 1.05 $4,000 75 Hp pump and motor 2 LS $88,800.00 1.05 $186,480 Paint pipe 1 LS $2,500.00 1.05 $2,625 $311,204 DIVISION 16 -ELECTRICAL Demolition 1.00 LS $3,500.00 1.00 $3,500 150A,3P Breakers 2.00 EA $2,500.00 1.00 $5,000 75 HP VFDs 2.00 EA $30,000.00 1.00 $60,000 Flow Meter 1.00 EA $18,000.00 1.00 $18,000 Pressure Indicating Transmiiter/PSL 1.00 EA $1,500.00 1.00 $1,500 Flow Switch 3.00 EA $500.00 1.00 $1,500 Control Panel 1.00 EA $30,000.00 1.00 $30,000 Conduit and Wire 1.00 LS $15,000.00 1.00 $15,000 $134,500 Total Construction $637,754 20% Contingencies $127,551 Total Cost: $765,304 `General Conditions include Contractor mob., demob., bonds, insurance and G.C. MATHEWS CONSULTING, INC. PAGE 1 of 1 PDR Cost Estimate Table 2 Engineer's Opinion of Probable Construction Cost Based on Conceptual Design (2008 Dollars) Phase 11 -Transmission Svstem and Distribution Svstem (Area 11A Estimated Unit Quanity Unit Price Total General General Conditions (5%) 1 L.S. $101,479 $101,479 Mobilization (2.5%) 1 L.S. $50,739 $50,739 Maintenance of Traffic 14,641 L.F. $3.0 $43,923 Clearing & Misc. Site Work (2.5%) 1 L.S. $50,739 $50,739 Reclaimed Transmission Main/Appurtenances 8~ Restoration Rehab Exist. 16" Subaqueous ICW Crossing 1 L.S. $90,000 $90,000 10" RWM (open-cut) 0 L.F. $90 $0 16" RWM (open-cut) 3,150 L.F. $120 $378,000 18" RWM (open-cut) 2,750 L.F. $130 $357,500 10" Gate Valve 0 E.A. $2,000 $0 16" Butterfly Valve 3 E.A. $3,000 $9,000 18" Butterfly Valve 2 E.A. $4,500 $9,000 Reclaimed Distribution Piping/Appurtenances 8~ Restoration 6" RWM (open-cut) & Services/Meter Boxes 8,741 L.F. $85 $742,985 6" Gate Valve 9 E.A. $1,300 $11,700 Total Construction $1,845,065 10% Contingencies $184,507 Total Cost: $2,029,572 E-. Q F-- 11, Q ~ 1-, ~ a7 ° ~ e`a ~` Q ~ .z ~ ~ p y Cyt} ~ O tll © ` 4t g v i K) ~ t t6 ~ ~ .~ _ ~- O ~ ~ ~ ~ ~ m N tt3 ~ O ` ~ m m a a ~ v ~ ~ i v i O :~ ` > t > ~ O ~ £2 C (~ CL ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L ~) C N LL. S1S ~ -O ~ -O ~ +~' (~ ~.) Y ~ _ ~ ~ r QD ~. ~ a. 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O v-- ~" n ~ N N p N Q ~ C Q} 4. i1 T N w ~_ M ~ U ~ ~~~ r d ~~ Gl iJ5 v ~, -° Z MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Ron Hoggard, AICP, Principal Planner THROUGH: City Manager DATE: September 11, 2008 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 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 September 1, 2008 through September 12, 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 - Meetin~ptember 10, 2008 A. Approved (7 to 0), a request for a color change for Windemere House, an existing multiple family residential development located at the northwest corner of South Ocean Boulevard and Bay Street (250 South Ocean Boulevard). B. Approved with conditions (5 to 2, Shane Ames and Andrew Youngross dissenting), a modification to the site plan, landscape plan and photometric plan associated with the Class V site plan application for the construction of a 15,266 sq. ft. CVS Building, located on the south side of George Bush Boulevard, between NE 5th Avenue and NE 6th Avenue (700 NE 6th Avenue). Other Items: No other appealable items were considered by the Board. However, the Board provided courtesy review comments for Plaza 85, a proposed mixed use (residential/office) building which incorporates a green architectural design, located at 85 SE 4th Avenue. Historic Preservation Board - Meetin~ptember 4, 2008 1. Approved with conditions (4 to 0, Joann Peart, Keith Snider and Tom Stanley absent), a request for a Certificate of Appropriateness associated with the installation of accordion shutters on a non- contributing structure located at 246 Dixie Boulevard. 2. Approved with conditions (3 to 1, Rhonda Sexton dissenting), a Class II site plan modification and a Certificate of Appropriateness associated with certain site improvements for 154-170 NW 5th Avenue (Spady Cultural Complex), located on the west side of NW 5th Avenue, between NW 1st Street and Martin Luther King Jr. Drive. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map N ~ ~ SPRAB HPB ~ ~ A. WINDEMERE HOUSE 1. 246 DIXIE BOULEVARD B. CVS PHARMACY 2. 154-170 NW 5TH AVENUE-SPADY CULTURAL CENTER ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT SEPTEMBER 2008 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\9-16-08 --olslraLeaseMaPSVSrEnn-- MEMORANDUM TO: Mayor and City Commissioners FROM: Amy Alvarez, Historic Preservation Planner Ron Hoggard, Acting Director of Planning and Zoning THROUGH: City Manager DATE: September 12, 2008 SUBJECT: AGENDA ITEM 8.Q.1 -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 PURCHASE AWARD/SEWAH STUDIOS/STATE HISTORICAL MARKERS ITEM BEFORE COMMISSION The item before the City Commission is approval of a contract with Sewah Studios for the purchase of ten (10) State Historical Markers to be located within the City's five (5) designated historic district. BACKGROUND At its October 16, 2007 meeting, the City Commission approved a request to submit a Historic Preservation Grants-in-Aid application for the purchase of ten (10) state historical markers. The estimated total cost of the ten (10) markers was $19,000, and the grant application requested $9,500 in State funding, half of the estimated total cost. Upon review in March 2008 by the grants review panel, the application was approved for $4,750, half the amount requested, and one-quarter of the total project cost. The balance of the funding was originally going to be collectively provided by the City ($5,700), CRA ($2,375), Delray Beach Historical Society ($475), EPOCH ($475), and the Delray Beach Preservation Trust ($475). It is noted that since the initial request to purchase the markers in 2007, the price increased $20/markers, resulting in a total project increase of $200, for a total purchase price of $19,200. The funding source for the $4,750 grant shortfall and additional $200 will come from the Planning and Zoning Department's current budget. Due to the reduced award amount, the State noted that the funding was for the purchase of five (5) State Historical Markers, as opposed to ten. At its meeting of September 3, 2008, the City Commission approved a Historic Preservation Grant Award Agreement with the State of Florida for $4,750 towards the purchase of five State Historical Markers. The subject markers are made by Sewah Studios, and a letter stating that Sewah is the only vendor who manufactures these markers is attached. FUNDING SOURCE Funding is available in 001-2511-515-31.90. RECOMMENDATION By motion, approve the contract with Sewah Studios for the purchase of ten (10) State Historical Markers in the amount of $19,200. September 5', 2008 Ms. Amy Alvarez Historic Preservation Planner City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 Dear Ms. Alvarez: This is to confirm that Sewah Studios, Milcreek Road, Marietta, Ohio 45750, is the sole source for manufacturing Florida State Historical Markers. Please Iet me knovcr if you require any further sip o ~ z~o~ 1. } f~ ~ ~~ ~: ~ ~~_~~~~~r~~~ ~ ~o~~r~~ 500 S. Bronough Street .Tallahassee,l•L 32399-0250 • httpalwww.#lheritage.com D Director's Office O Archaeological Research C] Historic Preservation ©HlstoricaI Museums (850) 245-6300 • FAX: 245-6435 (850} 245-6444 • FAX: 245-6436 (850) 245-6333 • FAX: 245-6437 {850) 245-6460 • FAX: 245-6433 - D Palm Beach Regional Office ~ St. Augustine Regional Office O Tampa Regional Office {561) 279-1475 • FAX; 279-7.476 (904) $25-5045 • FAX: 825-5044 (813} 272-3843 • FAX: 272-2344 Catherine Clark State Historical Marker Coordinator STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 20, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and SEWAH STUDIOS (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this Contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the contract price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT/S Florida Department of State Letter Standard Form of Agreement Corporate Acknowledgment Certif sate PAGE NUMBERIS 1 2-6 7 8 2 Florida Department of State Grant Agreement for Grant No.S0906, Addenda numbers 1 to 28, inclusive, and any Modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall camxnence upon execution of agreement and all services required of CONTRACTOR shall be complete prior to June 30, 2009, in accordance with the requirements of the attached Historic Preservation Grant Award Agreement, Grant No, 50906. 5. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in farce. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 As to Contractor: Sewah Studios Millcreek Road PO Box 298 Marietta, Ohio 45750 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the. contract documents. 3 9. Payment: The CITY agrees to pay to the CONTRACTOR the sum of Nineteen thousand, two hundred dollars ($19,200) far the purchase and installation of ten (10) Florida State Historical Markers. a) The CITY shall pay CONTRACTOR one half (112) of the total amount or Nine Thousand Six Hundred Dollars ($9,600.00) within thirty (30) days of execution of this Agreement and b) the remaining one half {112) of the total amount or Nine Thousand Six Hundred Dollars {$9,600.00) shall be paid within thirty (30) days of installation of the last marker. 10. In consideration of ten dollars ($10.00} and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and casts received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY}, recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Agreement. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, its agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may 6e brought against the CITY on account of 4 any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the CONTRACTOR, its agents or employees. This indemnifcation includes all costs and fees including attorney's fees and costs at trial and appellate levels. 11. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 12. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: 5 Rita El1is,Mayor WITNESS: (Print or Type Narne) (Print or Type Narne and Title) (SEAL) CONTRACTOR: By: [INTENTIONALLY LEFT BLANK] CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF - The foregoing instrument was acknowledged before me this day of 2008 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a {state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public Print, Type or Stamp Name of Notary Public 7 CERTIFICATE (if Corporation} STATE OF FLORIDA } } SS COUNTY OF } I HERESY CERTIFY that a meeting of the Board of Directors of a corporation under the laves of the State of held on , 20 the following resolution was duly passed and adopted: "RESOLVED, that as President of the corporation, he/she is hereby authorized to execute the Agreement dated 20_, between the City of Delray Beach, Florida, and this corporation, and that his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20 {Secretary} (Seal) 8 ~• - Abbreviated Historic Preservation Gran# Award Agreement Historic Marker Grants Grant No. 50906 'T'his AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the City of Delray Beach, ,hereinafter referred to as the Grantee, relative to the Delray Beach Historic.District Markers Project, hereinafter referred to as the Project. The Department is responsible for the administration of grants-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida .Statutes. The Grantee has applied far grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter 1A-35, Florida Administrative Code, which regulates Historic Preservation Grants-in-Aid. Pursuant to Line Item Number 3156, contained in the 2008 - 2009 General Appropriations Act, Ch. 2008-152, Laws of Florida, the Department enters into this Agreement with the Grantee under grant number S0906, for the proposes as described in Section 1. Subject to the limitations set forth in this Agreement, grant-hy-aid funds in the amount of $4,754.00 (four thousand seven hundred fifty dollars) have been reserved for the Project by the Department. The Department and the Grantee agree as follows: 1. The Project shall include the following Approved Scope of Work: A. Five Florida Heritage Markers to be placed in five historic districts in Delray Beach. B. Upon completion of the project, a photo of the ins#alled Marker will be submitted to the Department as a final product no later than June 30,7 ~~ ~.~~ Any grant product deadlines indicated in this section (excluding Quarterly and FinaE Project Progress & Expenditure Report deadlines) must be incorporated into the applicable contract for goods and services. II. The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDITIONS GOVERNING-GRANTS AND THE ADMINISTRATIVE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOi)NTABILITY attached as Attachment A hereto; Chapter 1t1-35, Florida Jdministrative Code; and the following specific conditions: A. This grant becomes effective on July 1, 2008 and ends on June 30, 2009. This agreement must be signed by the grantee and received in Department offices by October 1, 2008 to avoid forfeiture of award. Ail grant funds and match shall be expended and all project work shall be completed by Jnne 30, 2009. B. The Grantee agrees to complete and submit the Final Project Progress & Expenditure Report, incorporated herein by reference and available online at http://www.flheritage.cam/grants/info/reportsl, as specified in Attachment A, Part Il, subparagraph B.2., by Juiy 31, 2009. No costs incurred prior to duly 1, 2008 are eligible for payment from grant funds. No costs incurred after dune 30, 2009 are eligible for payment. No extension of the grant period will be allowed. C. The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants ar employees; nor shall the Grantee exclude liability fox its own acts, omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury or property damage resulting front any activities conducted by the Grantee, its agents, servants or employees. D. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and bald the Department harmless from and against any and all claims or demands for damages, including attorney fees and court costs, resulting Pram personal injury, including death or damage to property, arising out of any activities performed under this Agreement, omissions to act or negligence of the Grantee, its agents, servants, or employees and shall investigate all claims at its own expense. E. The Grantee shall designate a Project Manager to serve as liaison with the Department for all administrative requiremen#s set forth in this Agreement. The designated Project Manager for the Project is: Name: ~~(II.U G Title: • G ~~ Mailing Address: ~~~ Mw i~ST f~l"Ll'P-Y~11t° city:. I ~ ~~ fJ'Cu~' Daytime Telephone: ~ f~~ e-wail: Q ~ VQI'L~- ~ Gle~~l _ • L~"1 zip code: /~~ FAx: . ~3 . ~Z~1 F. The Grantee shall be solely responsible for aIl work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform-the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution, as specified in Attachment A, Part II, subparagraph A.2.g{3); and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incanted under the subcontract. G. The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. H. The Department shall unilaterally cancel this Agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. t_ Bills for fees or other compensation far services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. The Grantee shall not charge the Department for any travel expense without the Department's written approval. Upon obtaining the Department's written approval, the Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with Section II2.061, Florida Statutes. J. The Grantee recognizes that the State of Florida, pursuant to Section 212.08(5), Florida Statutes, is not required to pay taxes an any goods or services that maybe provided to it pursuant to this Agreement. K. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the Department has no further liability to. the Grantee beyond that ah-eady incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in proportion to the revenue shortfall. L. The Grantee will not discriminate against any employee employed in the performance of this Agreement, ar against any applican# for employment because of race, religion, color, disability, national origin, age, gender, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. M. The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. N. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state agency. III. Far Historical Marker projects, the Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures up to a maximum payment of $4,750 00 four thousand seven hundred fifty dollars). IV. For Main Street proj ects, the Department agrees to pay the Grantee for 100% of the Grantee's total cash expenditures up to a maximum payment of $ ( dollars). A. All disbursements of grant funds shall be on a reimbursement basis as described in 1 and 2 below. Requests for payment must be made in writing by the Grantee and must specify the amount of funding being requested. 1. For Flistorical Marker projects, reimbursement of expenditures will be made upon Department receipt and approval of a Final Froject Progress and Expenditure Report, including documentation of payment for and erection of the marker(s). 2. For Main Street projects, the Grantee may request reimbursement of expenditures as documented in each required Quarterly Project Progress and Expenditure Report. For these projects, the Grantee shall submit a complete Quarterly Project Progress and Expenditure Report each quarter on the schedule provided by the Department for the duration of the Project. 3. Disbursement of grant funds shall be subject to any special conditions required by the Office of the Ghief Financial Officer of the State of Florida. The Department reserves the right to withhold payment if the Grantee fails to provide required Project Progress and Expenditure Reports ar is otherwise found to be in violation of any term(s) of this Agreement or other Agreements with the Department. 4. The Grantee shall submit a complete Quarterly Project Progress and Expenditure Report each quarter on the schedule provided by the Department for the duration of the Project. All such reports shall provide accurate information regarding the status of project work, as well as accurate funding expenditure information. Reports that do not contain accurate information will be rejected. S. The Department shall evaluate all payment requests based on the status of project work and compliance with the reporting and procurement requirements of this Agreement. The total of grant funds transferred to the grantee following final Project completion, including all fiords previously transferred in incremental payments, shall not exceed the amount of the grantee's actual cash expenditures in payment of allowable project costs. V. Consistent with the grant funding expenditure threshold indicated in Attachment B, Part II, paragraph 1, each grantee, other than a grantee which is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. A. AIl audits as described above shall be submitted within six months of the close of the Grantee's fiscal year, or within six months of the ending of the Grant Period. All audits or attestations must cover each of the Grantee's fiscal years for which grant funds were received or expended under this Agreement. Grantees shall sign and return to the Department one original copy of Attachment B, which refers to the responsibility of the Grantee under the Florida Single Audit Act. C. The Grantee shall complete the Florida Single Audit AGt Certfcation included in the Quarterly Project Progress and Expenditure Report. Completion of this certification is required for each reporting period for the duration of the Project. VI. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. VII. If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. VIII. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either parry under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. 1X. Each grantee, other than a grantee which is a State agency, agrees that, its officers, agents and employees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the State. Each grantee, other than a grantee which is a State agency, is not entitled to accrue any benefits including retirement benefits and any other rights or privileges connectedwith employment in the State Career Service. The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State. X. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior written consent of the Department which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter IA-35, Flarrda Administrative Code. If the Depar#rnent approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the i.egislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 2D.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were an original party to the Agreement. XI. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Department. XII. The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee`s authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 1. Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 30 calendar days) and an opportunity to show cause why the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date oftlae suspension. 2. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the stiispension, and not th anticipation of suspension yr termination. Third party contributions applicable to the suspension period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed by the parties. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period. 4. Suspension period. Suspensions will remain in affect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that corrective action will betaken, or until the Department terminates the grant. The grant shad be terminated by the Department if the Grantee fails to respond in writing #o a notification of suspension within 30 calendar days of receipt of such notification by the Grantee. B. Termination. Termination is the cancellation of grant assistance, in whole or in part, under a grant or project at any time prior to the date of completion. 1. Termination for cause. The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant award agreement with. this Division or any other Division within the Department of State. Satisfaction of obligations by the Grantee shall be determined by the Department. The Department shall provide the Grantee a written notice of default letter. The Grantee shah have 15 calendar days to cure the default, unless it is determined by the Department that the default is of a nature that cannot be cured. If the default is not cured by the Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. th the event of termination of this Agreement, the Grantee will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination. 2. Termination for convenience. The Department or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. 3. Termination by Grantee. `The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Department. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 4. Commitments. When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the notification of the effective date oftermination. The Grantee will cancel as many outstanding obligations as passible. The Department will allow full credit to the Grantee for the Department's share of the noricancelable obligations properly incurred by the Grantee prior to termination. Casts incurred after the effective date of the termination will be disallowed. XIII. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida. Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to City of Delray Se~ch, 104 North West 1st Avenue, Delray Beaeh, FZ 33444, for the Grantee. Unless the Grantee has notified the Department in writing by return receipt mail of any change of address, all notices shall be deemed delivered if sent to the above address. XIV. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. XV. This instrument and the Attachments hereto embody the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. No change or addition to this Agreement and the Attachments hereto shall be effective unless in writing and properly executed by the parties. All written approvals referenced i}a this Agreement must be obtained from the parties' grant administrators or their designees. The Department and the Grantee have read this Agreement and~the Attachments hereto and have affixed theix signatures: DEPARTMENT OF STATE 4 ~ ~~,~ FREDERICK I'. GASKE Director, Division o Historical Resources a~so$ ate CITY OF DELRAY BEACH r~~ ~~ .~.. ~ _~~- Sign tore of Authorized Official RTTA IaLI,IS Typed Name of Authorized Official MAYQR OF DELRAY BEACH Typed Title of Authorized Official U9.05.0$ Date Af,proved as to form and legal sufficiency: ~~~ By: ,City Attorney Historic Preservation Grant Award Agreement At#achment A Grant No. S090fi Delray Beach Historr`c Disfrict Markers Project General and Special .Conditions Governing Non-Matching Grants and Administrative instructions for Historic Preservation Project Accountability State of Florida Department of State Division of Historical Resources July 2008 Infroducfion and Qefinitions In accordance with the provisions of Chapter 267, Florida Statutes, the Division of Historical Resources, Department of State is responsible for'the administration of a comprehensive program of historic preservation activities in Florida, and is authorized to participate in and receive funding assistance from the Federal historic preservation program administered by the National Park ~ Service, United. States Department of the Interior as authorized by the.Nafiona! Historic Preservafion.Act of 1966, as amended. Major funding for the overall program is derives from State funds authorized~by the Florida Legislature and from the annual appor#ionment of Federal funds to Florida through the Federal historic preservation program. The award and administration of grantan-aid assistance fior historic preservation projects to be carried out by public agencies or preservation organizations at the local [eve; is one element of the State's comprehensive historic preservation program.. Grants are awarded f[om funds available in the Historic Preservation Trust Fund established under authority of Section 267.0617, Florida Statutes. These funds may include a part of the Federal funds apportioned annually to the State, as well as funds appropriated for this purpose by the State Legislature and funds contributed from other sources. The cost of administering historic preservation projects grants is included in the overall costs of the comprehensive program, and is supported in part by the annual,apportionment of Federal funds. Continued eligibility for Federal finding assistance requires that the ~ State's comprehensive historic preservation prograr .be administered in accordance;with :Federal laws,: regulations, and conditions, as well as those of the State of i=lorida. The General and Specia; Conditions Go~eriiing Grants and the Administrative Instructions for Historic Preservation Project Accountabi;sty contained herein are intended to inform grantees of and assure grantee compliance with the Federal and State requirements applicable to historic preservation projects grants. Definitions "A[lowable project costs" are the direct costs in cash expenditures that are necessary to the accomplishment of .authorized project work, incurred during the project period, and properly documented in accordance with the Department's Administrative Instructions for His#oric Preservation Project Accountability. "Approved Scope of Work" means those activities described in Section I of the Grant Award Agreement or in a fully executed amendment thereto. "Department" means the State of Florida, Department of State, Division of Historical Resources. "Grantee" means the agency, organization, or individual named in the Grant Award Agreement. "Grant periosi" means the period of time beginning on the effective date of the Grant Award Agreement and ending on the date specified in the Grant Award Agreement. "Project funds" refers to all amounts available for or expended in connection with the authorized project work, whether derived from State or Federal grant share. 2 PART! General and Special Conditions Governing Grants All expenditures in connection with projects approved far assistance under the historic preservation grant program are subject to the provisions of Chapter 26-T, Florida 5tafutes; the National Historic Preservation Act of 1966, as amended; other applicable State and Federal laws, rules and regulations; the general conditions fisted below; and special conditions affixed to project grant awards. Applicability These conditions are applicable to the Grantee and to any consultants, contractors, or employees to which grant-in-aid funds are paid {inc[uding but not limited to architects, engineers, archaeofogis#s, historians, contractors, construction managers, suppEiers, vendors, etc.). Failure by the Gran#ee'to comply with the conditions of grant assistance will be considered to be noncompEiance. A. Genera[ Conditions 'I. Grantee Publicity Requirements. In order to insure a wide public awareness of local preservation projects and historic preservation in general, the Grantee shall meet the following requirements regarding publicity of fiislher project: a. At the outset of the project, a news release shall be sent by the Grantee to focal print and electronic media identifying the project's specifics including the source(s) of grant funds, name of the project, nature of tine project, and its benefits to the community. A copy of the Haws release(s) shall be submitted to the Department. b. Upon completion of the project, the Grantee shall issue another news release. to focaE print and electronic media. c. There shall be an effort on the part of-the Grantee. to encourage publication of one. or mare feature stories on the-Grantee`s project by a newspaper, magazine or television program of a# least local circulation. The Grantee shall provide the Department with a copy of any ensuing articles ar a written statement identifying the date and network of any television broadcast{s}. In the event that such efforts are unsuccessful, the' Grantee shall provide the .Department with copies of correspondence with newspapers, magazines or television stations indicating the Grantee has requested such a feature story, or written certification from the Grantee to the Department that such an effort was made. d. During the course of the project; the Grantee is encouraged to inform elected officials, including state officials, mayors, and city and county commissions, by letter of the nature and benefits of the project. e. in the case of rehabilitation or restoration.projects, the Grantee should also make an effort, where appropriate in the judgment of the Grantee, to publicize the project and the source of grant assistance (at any s#age of the project) to the community through a dedication or other public ceremony of some nature. f. Federally Funded Projects: AEI news releases and promotional materials relating to Federally funded projects shall contain acknowledgment of grant assistance, substantiaEly as follows: This project ['publication] has been financed in part with historic preservation grant assistance provided by the National Park Service, U.S. Department of the interior, administered through the Bureau of Historic Preservation, Division of Hisforical Resources, Florida Department of Stote, assisted by the Florida Historical Commission. g. State Funded Projects: All news releases and promotional materials relating to State funded projects shall contain acknowledgment of grant assistance, substantially as fo[[aws: This project ~publicationJ has been financed i`n part with historic preservation grant assistance provided by the Bureau of Hisforic Preservafion, Division of Historical Resources, Florida Department of State, assisfed by the Florida Historical Commission. 2. Amendments to the Grant Award Agreement. All amendments to the Grant Award Agreement for the project shall be in writing and fully executed by both parties. Amendments will be prepared by the Department, either at its own initiative or upon approval ofi the written request of the Grantee. 3. Changes in Approved Scope of Wor1K. The Grantee may not, without formal amend~-nent of the Grant Award Agreement, make changes in the scope of ,the project that would be inconsistent with the Approved Scope of Work as stipulated in Section I. of the-Grant Award Agreement or make any changes that might result in a deviation from the intent of the legislation that authorized the award of the grant. In the event of uncertainty, questions should be referred to the Department for:final determination. 4. Extension of Grant Period. No extension of the rant eriod will be allowed. 5. Timeliness of Worfc. All project work shall be completed and al! grant funds.shall be expended by the grant end date. The "i'inal Project Progress & Expenditure Report" shall be submitted within thirty(3fl)-days following the grant end date. 6. Project Supervision. The Grantee will assure that competent and- adequate professions! supervision anal inspection are provided and ensure that the completed. work conforms to the approved standards and specifications. 7. Conflict of 1nte~est: The.:Grantee-shall comply with the laws of the State, of Florida governing conflict of interest: and standards: of ethical cpnduct. En addition, no grantee, officio[, employee, or consultant who- is aitthonzed in-his ar her official capacity to negotiate,. make,' accept, approve, or iake,~art in decisions regarding acontract, -subcontract,. or other. agreement in connection with a grant:assisted project sliali take part in-any decision relating to such contract, subcontract or otheragreement.in:wliich he or she has any.financial,or other interest, er in.which his or her spouse,. child., parent or. partner,. or any organization. in which he or she. is saving as an officer, director, trustee, -partner, or employee: of which he or she has or is negotiating; any arrangement concerning employment has such interest. Grantees si~ali avoid circurristaitces presenting the appearance of-such confiiet. Furthermore, the spouse, .child„ parent,:. or .partner of an officer, .director, trustee, partner, or employee. of the Grantee shall •not. receive grant funds unless specifically authorized in writing by the Department prior to expenditure of said-grant funds. 8. Dual Compensation. If a Grantee staff member or consultant is involved simultaneously in twa or more projects supported by State or. Federal- funds, and compensation on either project is based upon percentage of time spent, he or she may not be compensated for more than 100 percent of hislher time during any part of the period of dual involvement. 9. Cantingertt Fees: Na person,. agency, or other organization may. be .employed or retained to solicit or secure a: grant or contract upon an agreement ar understanding, far commission, percentage, brokerage, or contingent fee. For _ breach or violation of this prohibition, the Department shall have the right to annul the grant without liability or, at its discretion, to deduct from the grant or otherwise recover the ,full amount of such commission, percentage brokerage or contingent fee, or to seeEc such other remedies as may be legally available. 4 10. Use of [ndividual Consultants. No project funds shall be used for the payment of fees to individual consultants without the written authorization of the Department. The prQCUrement of individual consultant services must be justified and documented in accordance with the Administrative Instructions for Historic Preservation Projec# Accountability contained In Part I! herein. In no case .will consultant fees over and above .regular salary be paid to employees of the Grantee organization- or of professional- firms or ~organizatians whose services have been properly procured by the Grantee for the project. The Grantee will not use any project funds to pay. travel expenses of employees of.the Florida Department of State or Federal government for lectures,. attending program functions, ar any other activities in connection with the project. 1i. Civil Rights Compliance. The Grantee will assure that the. project is administered in conformance with the Civi! Righfs Act of 19.84, Section 504 of the Rehabilitation Act of 1973, and the Age Discriminafion Acf of 1975, as amended. Title VI of the Civi! Righfs Act of 1964 states that no person will, on the grounds of race, color, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance. Section 504 of the Rehabilitation Acf of 9973 requires that no qualified disabled individual is solely, by reason of disability, excluded froni participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal fnancial assistance. The Age Discriminafion,Ad of 7975 prohibitsdiscrimination on the basis of age under arty program or activity receiving Federal financial assistance. Every grantee is required to submit a. Civi[ Rights Assurance of Compliance Form. No grant awards may be made without a Civil Rights Assurance of Compliance Form on file. 12. Discrimination in Employmen# Prohibited: In all hiring ar employment in connection with the project, each employer. {1) will not :discriminate- .against, any .employee or applicant for employment because of race, color, religion, sex, age, or national origin, and (2) will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, age, or national origin. In addition, no qualified.. person shall, on the basis of disability,. be subject to discrimiration in employment in the grant .assisted project. These requirements .apply to, but are not limited ta, the fo[Eowing: employment, promotion; demotion or transfer; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The..Grantee and its consultants or contractors will comply. with- all-applicable statutes and Executive Orders- on equal employment opportunity artd grant:awards will be governed. by the provi ions of al! such statutes and Executive Orders, including enforcement provisions. 13. Religious Institutions. If the project involves a place of worship or faith-based organization or property, the Grantee wilt assure that neither the execution of nor the public benefit resulting from the project require involvement or participation in religious services or activities. 14. Political Activities. Na expenditure of project funds may be made for the use of equipment or premises for political purposes, sponsoring. or conduction of candidate's meeting{s), engaging in voter registration or voter transpor#ation activity, or other partisan political activities. 15. Hatch Act. No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part with grant assistance shall take part in any of the political activity proscribed in the Notch Political Activity Act 5 USC 1509 et seq., as amended, with its stated exceptions. 16. t_obbying Activity. No part of the project funds shall be used, either directly ar indirectly, to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a. Member of Congress ar the State legislature, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress or .the State legislature, whether before or -after the. introduction of any bill or resolution proposing such legislation or appropriation, as proscribed in 18 USC 1913. 17. Sa#ety Precau#ions and Liability. The Department assumes no responsibility with respect to accidents, illness, or claims arising out of any work performed under a grant supported project. The Grantee is expected to take necessary steps to insure or protect itself-and its personnel and to comply with the applicable local, State or Federal safety standards, including those issued .pursuant to the National ~ccupationa! Safety and Healfh Act of 1970 (see 20 CFR 9910). 18. Reports, Records, arrd Inspections. The Grantee will submit financial, project progress, evaluation, 'arid other reports as required by the Department and will maintain such property, personnel, financial, and other records and accounts as are deemed necessary by the Department to assure proper accounting for all program funds. The Grantee, its consultants and contractors will permit on-site inspections by Department representatives and will effectively require employees to furnish such information as, in the judgment of the Department representatives, may be relevant to a question an compliance with grant conditions and the effectiveness, legality, and achievements of the program. 19. Examination of Records. The Secretary of State of~the State of Florida and the State Auditor General, or any of their duly authorized representatives, shall have access for the purpose of financial or programmatic audit and examination to any books, documents, papers, and records of the Grantee that are pertinent to the grant at all reasonable times during a period of-five years following completion of the project, or until all claims or audit findings have been: resolved. 20. I]isclosure of Information. The Grant Award Agreement may be canceled by the Department without prior notices for refusal by the Grantee to allow public access to a!i documents, papers, letters or other material 'relating to the project, in accordance with the provisions of Chapter 119, Florida Statutes,' and with the Freedom of lnformafion Act, 5 USC 552 as amended by Public Law No. 104-239, 910 Staff: 3048. 21. Rights to Data and Copyrights: NNhen publications,' films, or similar materials are developed, directly or rndi~ectly; from a program, projector activity supported:tiy grant tunas,-any copyright re5ultirig therefrom shall be held by~the Floi°ida Departrr~ent of State, Division~of Historical Resources: The author may arrange for copyright of'such iriaterials only after approval from tote Department: Any copyright arranged for by the author shall include acknowledgment of grant assistance. 'As a condition of grant assistance; the Grantee agrees ~to, and- awards to the Department and; if applicable, to the Federal Government, and- to its officers, agents, and employees acting within the scope of their official duties, aroyalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and userall subject data or copyrighitable material based on such data covered by.the copyright. 22. Compliance with Environmental Protection Laws and Regulations: No project funds shall be used for project work involving ground disturbance, modification of land use patterns, new construction, or other known or potential alteration of the natural environment that does not conform to State and Federal laws and regulations relating to protection of the natural environment, including but not limited to the !National Environmental Policy Act of 9989, as amended, 42 USC 4321 of seq., establishing national policy goals and objectives for protecting grid enhancing the environment. 23. Energy Conservation. The Grantee. shelf promote energy conservation and utilize to the maximum extent practicable the mast energy efficient equipment, materials, construction methods, and operating procedures available in the accomplishment of project work. 2~4. Convict Laisor. The Grantee or its contractors may utilize the labor of State prisoners in authorized work release, parole or probation programs in the accomplishment of work. (n accordance with Executive Order 11755, as amended no person undergoing a sentence of imprisonment ak hard labor shaft be employed on grant assisted project work. 25. Minority Businesses. The Grantee shall encourage greater economic opportunity far minority business enterprises, as defned in Section 288.703, Florida Sfafufes, in accomplishment of project work. To the maximum extent possible, the Grantee and its consultants or contractors will take affirmative steps to assure tha# minority businesses are used as sources of supplies, equipment, construction, and services. Affirmative steps sha[! include but not necessarily be limi#ed to the following: a. Inclusion of qualified minority businesses on solicitation lists; b. The assurance minority businesses are solicited whenever they are identified as potential sources; c. The division of total requirements, when economicaAy feasible, into small tasks; or quantities to permit maximum participation of minority businesses; The establishment of reasonable delivery .schedules when feasible, so as to encourage participation by minority businesses; and e. Utilization of the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce. 26. Requirements for Survey Reports, Publications and Media Project Products. All projects resulting in a written or .published report or other publication, and for projects that result in production of a video; DVD or other non-print media product shall contain the following acknowledgement of funding assis~ance and content disclaimer: a. For Federally Funded Projects: This project (publication] has been financed in part with historic preservation grant assistance provided by the National Park Service, U.S. Department of fhe Interior, administered through the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. However, the contents and opinions do not necessarily reflect the views and opinions of the Department of the Interior or the Florida Departmenf of State, nor does the mention of trade names or commercial products constitute endorsement or recommendatlan by the Department of the Interior or the Florida Department of State. This program receives Federal financial assisfance for identification and pro#ection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation .Act of 1973, and the Age Discriminafian Acf of 1975, as amended, the U.S. Department of the, Interior prohibits discrimination an the basis of race, color, age, national origin, religion, sex, disabilify, or sexual orientation in its federally assisted programs. !f you believe you have been discriminated against in any program, activity, ar facility as described above, or if you desire further information, please write to: Office of -Equal Opportunity, U. S. Department of Interior, National Park Service, 7849 C Street, NW, Washington, DC 20240. b. State Funded Projects: This project fpublicafionj has been financed in part with historic preservation grant assistance provided by the Bureau of Hisfaric Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. However, the contents and opinions do not necessarily reflecf the views and opinions of the Florida Department of State, nor does fhe mention of trade names or commercial products constitute endorsement or recommendatlan by the Florida Department of State. B. Special Provisions Applicable to Acquisition & Development Projects. The following special donditions apply to grant assisted projects involving the acquisikian, preservation, protection, restoration, rehabilitation, stabilization, or construction of a site, building, structure, or object. Accessibility for the Disabled. The Grantee shall ensure that the grant assisted property meets the requirements of the Americans with Disabilities Act, Public Law 101-33fi; Section 25.21, Florida Statutes; and Part 11, Chapter 553, Florida Statutes regarding accessibility for the disabled. Specifications for project work must con#orm to the Specifications for Making Buildings and Facilities Accessible fo, and.(Jsable by, the Physically Handicapped published by the American National Standards Institute and the Secretary of the Inferior's Standards for Rehabilitation. 2. Project Identification Sign. When grant assistance is provided for acquisition or development work, a project identification sign will be displayed in a pron3inent location at the project site while project work is in process. The sign must be a minimum of eight (8) square feet in size (usually 2x4 feet}, be constructed of plywood or other durable material, and identify the project and source of grant support. Any variation in the above specifications must be approved by the Department. The sign shall contain the following acknowledgment of grant assistance: This project has been financed in part with Historic Preservafion Grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Deparfinenf of Sfafe, assisted by the Florida Historical Commission. The costs of preparation and erection of the project ideritificafiion sign are allowable project costs; routine maintenance costs of signs are not allowable. A photograph of the project identification sign at the project site shall be submitted to the Department. 8 PART f I Administrative Instructions for Historic Preservation Project Accountability These instructions are intended to assist historic preservation grant recipients in meeting the accounting and public benefit requirements, of the historic preservation grants-in-aid programs administered by the Department. Grantee Adminis#rative and Reporting Requirements Grantees are responsible for maintaining financial records and project progress reports as outlined below. These records and reports shall be retained for a period of five (5) years following completion of the praject, or until such time as any litigation, claims, or audit questions arising from examination or audit initiated prior to expiration of the fve year period are finapy resolved. All Grantee project records and reports are subject to public disclosure under the provisions of Chapter 119, Florida Statutes, and the Freedom of Information Acty 5 USC 552 as amended by Public L.aw 104- 231, 110 Staf. 3048. A. Financial Records. Financial records must be adequate to account for the receipt and expenditure of all project funds, and to demonstrate compliance with required procedures. Grantee financial records are subject to audit by State auditors: Inadequate, incomplete or incorrect project financial records may result in ineligibility for grant assistance. Financial records shall include, but are not limited to: Documentation of Project Expenditures. Project expenditures are direct cash value project costs that are reimbursable or are paid for using grant assistance provided by the Department. Department grant. assistance is authorized for payment of 100% of allowable project costs, within ttie dollar limits of~ the grant, as specified in the Grant Award Agreement. Grantee financial records .shall include complete documentation pertaining to the application for -grant assistance, the award of the grant, the Grant Award Agreement, and the receipt and deposition of grant funds. 2. Required Procurement Procedures for Obtaining Goods and Services, Be sure that your organization provides maximum free competition when procuring goods and services related to your grant-assisted project. Every effort must be made to use small business firms, minority owned frms, wornen's`business enterprises, and labor surplus areas. a. Instructions ,for Procurement of Goods and Services for Smaller Projects (Including Arofessional Services and Construction) for Individual Purchases or Contract Amounts not ~xceeding $75,000.00._ For individual purchases. or contract amounts not exceeding $95,000, the Grantee must use the applicable procurement method described below: (9 } Small Purchase Procedures I [Purchases or Contract Amounts Up to $2,500). Procurement of goads and services where individua! purchases or contracts do not exceed $2,500 may be conducted at the Grantee`s discretion. (2) 5mal! Purchase Procedures II {Purchases or Contract Amounts Between $2,500 and. $15;000). Goods and services costing between $2,500 and $15,000 may be procured by purchase order, acceptance of vendor proposals, or other appropriate procurement document, provided that you: (a) Solicit written or verbal quotes or proposals from two (2) or more competitors; 9 {b) Develop and implement a process for evaluating proposals and document application of that. process far selection {i.e., for construction work, your selection may be based on the lowest responsible proposal amount, while for professional services, selection should be based on task-specific criteria and committee review and ranking of proposals. (b} Are provided with an adequate description of the goads and services proposed; and (c) Secure written approval from the Department prior to acceptance of proposal or execution of contract. Instructions for Procurement of Professional Services (Including Architec#ural, Engineering and other Consultant Services for Contracts Exceeding $15,000). 1=or individual contract amounts exceeding $15,000, the Grantee must use the applicable procurement method described below: (1) CompetitEVe Selection ($15,000 - $25,000). Professional services greater than $15,000 but less than $25,000 must be procured in the following manner: (a) Solicit wrtten quotes or qualifications submissions from two {2) or more competitors; {i) Identify all significant evaluation factors and fiheir relative iir~partance in the request far qualifications. (ii} Indicate in solicitation that public funds are involved. {iii) Develop and distribute detailed project specifcations with the solicitation. {b) Establish a review committee to evaluate and rank qua[ifcation submissions; (c) Select the mast qualified competitor based an the established evaluation criteria (option: Conduct an initial ranking to."short list" competitors and interview the top three far final ranking); (d) Enter into contract negotiations with the top ranked competitor. If negotiations are unsuccessful with this competitor, proceed to the next ranked competitor; {e) Secure written approval from the Department prior to executiar~ of contract. {2) Competitive Negotiation ($25,000 and up). Professional services in excess of $25,000 must be procured in the following manner. (a} Advertise with a Request for Qualifications (RFQ) to secure qualification submittals far professional services from two or more competitors; (i) Publicized the request through notices in local newspapers of general circulation or trade journals, in addition to individual solicitations. (ii) Identify all significant evaluation factors and their relative importance in the request for qualifications. (iii) Indicate in RFQ that public funds are involved. IO (b} Establish a review committee to evaluate and rank qualification proposals; (c} Conduct an initial ranking based on the. established evaluation criteria to "short list" competitors and interview the top three for final ranking; {d} Enter into contract negotiations with the top ranked competitor. If negotiations are unsuccessful with this competitor, proceed to the next ranked competitor; (e) Secure written approval from the Department prior to execution of contract. Exception: Departments or agencies of the state and units of county, municipal or other local government must always procure. professional architectural, engineering, landscape architectural, or land survey and mapping services in accordance wi#h the provisions of the Consultants Competitive Negotiations AcY; Section 287.05 Florida Statutes. c. instructions for Procurement Using Competitive Sealed Bids (Procurement of Goods and 5eroices 1=xceeding $'i 5,000). Except as noted in 3a. and 3b. above, contracts for procurement of goods and services (exciusive_of professional serviced shall be undertaken on the basis of sealed bids solicited through.formaf advertisement in a newspaper of local or area circulation including: (7) Notice of the time and .place of liublic bid opening; (2} instructions on how to obtain detailed bid documents or procurement specifications; and {3) A statement that public funds are involved. d. Qualification of Contractors. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate-to the nature of the project. Grantees shall require, as a part of the bid or proposal package submitted by prospective contractors, documentation of the professional qualifications of the key personnel to be employed. Such documentation shall include, but not be limited to: °(9 j Resumes of academic training and employment in the applicable field; {2) Evidence of possession of required licenses or business permits; and {3} Evidence of any previous experience in projects of a similar nature, especially projects requiring compliance with the standards cited in Section II. Paragraph M. of the Grant Award Agreement. e. Contract Provisions. in addition to provisions defining a sound and complete procurement contract, the Grantee shall ensure that the following contract provisions or conditions are included in all procurement contracts and subcontracts relating to the project (also refer to Section V. Paragraph A. of the Grant Award Agreement): {9) Contracts other than small purchases shall contain provisions or conditions which wit{ allow for administrative, contractual; or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (2) All contracts shall contain suitable provisions for termination by the Grantee, including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for I1 default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. {3} All contracts and subcontracts awarded by the Grantee and its primary contractors shall assure equal employment opportunity. (4} All- contracts (except those awarded by small purchases procedures) awarded by grantees shall include a provision to the effect that the Grantee, the Department, or any of their duly authorised representatives shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specifc contract; for- the purpose of making, audit, examination, excerpts, and transcription. Grantees shall require contractors to maintain a!I required records for five years after grantees make final payments and a[[ other pending matters are CI05ed. {5) All contracts involving the research, preparation, and publication of data shall include notice of the conditions•reEating to copyrights contained in Part I, Paragraph 21 of Section A on page 5 of this document. Contract Pricing (1) Procurement by small purchase procedures or competitive negotiation methods may be priced on either affixed-fee or cost reimbursable basis. (2) Procurement by the competitive sealed bid method shall be priced on a firm-fixed-fee basis. (3) Contracts far goads and services based . on cost~plus-percentage-of--cost or percentage-of-construction-cost contracts are not allowable for grant-assisted work. Procurement Documentation to be Submitted-to~the Department: -The Grantee shall submit the following items to the Department as evidence of compliance with procurement procedures prior to the execution cif any contract for project:work: (1) Copies of the solicitation for proposals or invitation to bid and all applicable bid iocuments, including construction -plans and specifcations, if required - to be submitted upon distribution or publication; (2} A summary of proposals or bids received and the basis for professional, consultant or contractor selection - to be submitted upon completion of the selection process; and {3) A copy of the contract - tv be submitted for review and approval by the Department prior to execution. A copy of the executed contract is to be submitted to the Department following approval and execution. B. Project Progress and Expenditure Reports. The Grantee steal[ submit a Project Progress S~ Expenditure Report- (incorporated- herein by reference and available online at htto:Ilwww.flheritage.comlgrant~ to the Department at the end of each quarter within the grant period except forthe fnal quarter in which the Grantee shall instead submit a Final Project Progress and Expenditure Report. Project Progress 8~ Expenditure Reports must be submitted regardless of the type of project {Acquisition and Development; Survey and Planning, or.Community Education) or whether funds have been expended. 1. Determination of Allowable Project Costs. The total project cost submitted by the Grantee might contain expenditures that are not allowable in determining the eligible costs in accordance with the provisions of the Grant Award Agreement. The Department will review each Project 12 Progress and Expenditure Report, and make its determination of the eligible expenditures on the basis of the following criteria: a. Altowabl~ Project Costs. Allowable project costs shall include: (1} Costs incurred by contract for procurement of goods and services consistent with the Approved Scope of Work in Section I of the Grant Award Agreement; (2) Costs incurred by property documented small purchase procedures; (3} Casts incurred by the Grantee for the following items applied directly to elements of the Approved Scope of Work in Section 1. of the Grant Award Agreement: (a) Accounting: the cost of establishing and maintaining interest-bearing financial accounts directly relating to the Project; (b) Auditing: audit costs only as required by the 1=[orida Single Audit Act (see Section IV. of the Grant Award Agreement and Attachment B hereto). {c) Communications: specific charges far telephone, telegraph, or other communications services; .. {d) Employee salaries and benefits (only if included in the original grant application fior the Project and only if documented by the Grantee to be specifically applicable to one or more items within the Approved Scope of Work); {e) Materials and supplies; (f) Procurement services: the cost of advertising, solicitation, processing, and administration of procurement contracts; (.g) Reproduction: the cost of limited reproduction of reports, forms, and project documents; and (h) Travel: the cnsts of travel, lodging and subsistence at rates not exceeding commercial coach fares or current mileage and per diem rates allowed by the . State (allowable only if costs of trove! and related expenses have been approved by the Department in writing before they are incurred). b. Non-allowable Project Casts. Costs not allowable #or expenditure of grant funds shall include: (1) Project costs incurred outside the project period; {2} Costs of goods. and services not procured in accordance with required procurement procedures; {3) .Costs incurred by the Grantee other than those specified: in the Approved Scope of Work in Section t. pf the Grant-Award Agreement, or not directly related to the project; {~4) Costs incurred by the Grantee for paving, parking, sidewalks, site lighting, site utilities, Eandscaping and other site development unless specifically indicated in the Approved Scope of Work; and (5e) Indirect costs incurred for common or joint activities of the Grantee. 13 Z. Docdrnentation of Expenditures. Each quarterly Project Progress and Expenditure Report and the 1=inal Project Progress and Expenditure Report must include documentation of payment. for each cash expenditure claimed during the reporting period. a. Grantees shall provide a detailed fisting of each expenditure in the Cash Expenditure section of these reports, which shall contain the following information: (~) Check number; or if a cash payment; a copy of the paid receipt must be submitted; (2} Check date or date of cash expenditure; expenditures overlapping the grant period must be prorated; (3} The name of the payee or vendor for each expenditure paid by cash or check; (4} The expenditure amount; (5) The Approved Scope of Work category.to which the goods or services contribute (see Section I. of the Grant Award Agreement}; and (8) The purpose of each expenditure; stated clearly and in suffcient detail for the Department to determine if the expenditure is allowable. b. The Grantee sha11 provide the following documentation of payment of expenditures listed in the Cash Expenditure section of the quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report: (1 } Copies of contractors' invoices itemizing the materials delivered; services rendered, work items completed, and: the following forms of proof of payment by the Grantee: {a} Copies of signed and dated receipts from the contractorslsuppliers showing the date payments were received-and the amounts received; and {b) Copies of the front and back of the canceled checks OR (c} In cases when receipts and cancel checks cannot be provided, alternative documentation of proof of payment shall be provided as:determined acceptable by~the Department. Examples include: purchase orders, vendor fags, payment .ledgers, etc. (2) 1=or authorized employee salaries (see {9 }(c) iii. above) the following expenditure documentation is required: {a) A copy of the log indicating the dates and hours devoted to authorized project work signed by both the employee and his or her supervisor or the designated Project Manager; and {b} Copies of payroll registers for all pay periods claimed for each employee or the firont and back of canceled checks for all pay periods claimed for each employee. 3. Additional Documentation to be Included in Project Progress and 1=xpendi#ure Reports. In addition to expenditure documentation indicated in B:2. above, each quarterly Project Progress and Expenditure Report sha11 include: a. A brief description of work accomplished in the previous three months; 14 b. A description of any unusual problems or conditions encountered or any unusual methods, materials, or techniques employed; c. Copies of required documents (contracts, press releases, etc.) as applicable; and d. For construction projects., photographic documentation of construction work in-progress or completed work shall be included. ~. Final Pro~ec# Progress and Expenditure Report. To be submitted within 30 days following completion of ail projects In addition to the documentation indicated in B.2, and 8.3. above, this report shall also include: a. A description and explanation of any variations between the planned project work and that actually accomplished; b. A .description and explanation of any significant differences between the planned project budget and the actual project costs; c. Final products as specified in the Approved Scope of Work (Section 1 of the Historic Preservation Grant Award Agreement; . d. Photographic documentation of completed construction work; and e. Required audit documents. C. Reports Required for Survey Projects. In addition to the Project Progress & Expenditure Reports described- in Section B: above, .the following reports and forms are required for historic and archaeological survey projects: Draft Survey Report. The Grantee shall submit a Draft Survey Report to the Department`s Grants Section no later than sixty (60) days prior to the end ofithe grant period. a. The Grants Section shall .review all Draft Survey .Reports for compliance .with the Archaeological and Historical Report Standards and Guidelines, Chapter 7A-46, Florida Administrative .Cade, and transmit the results ofi the review to the Grantee. The Grantee shall ensure that necessary revisions identified in the Grants Section review are incorporated into the Final Survey Report. The Draft Survey Report is to be organized by and shall include all applicalle items on the 'IA-4B checklist (see a. above). A signed and checked copy of the checklist must accompany the Draft Survey Report. The checklist will farm the basis for pepartment review of the draft. c. The Draft Survey Report submission must include five "sample" Florida Master Site File forms, each accompanied by a street map, a USGS map and printout of a digital photograph. d. During the 60 days following submission of the Draft Survey Report, submission ofi additional drafts or revisions may be required to secure Department approval far submission of the Final Survey Report, which will 6e due no later than 30 days following the end of the grant period. e. Clearance for submission of the Fina! Survey Report will be granted no later than the ending date of the grant period. 15 2. Final Survey Report. The Grantee shall submit a Final Survey Report to the Department's Grants Section no later than thirty (30} days following the end of the grant period. After review. for completeness and sufFciency, the Grants Section shall forward the Final Survey Report to the Florida Master Site Fife. a. Survey L.og Sheet. The Grantee shalt obtain~the mast recent version of the Survey Log Sheet by contacting the Florida Master Site File, to be completed and submitted to the Department's Grants Section with the Final Survey Report. b. Florida Master Site File forms. If standing structures are recorded, a Historical Structure Form must be completed for each structure. If archeological sites ate recorded, an Archaeological Site Form must be completed for each site. Separate forms for Historical Cemeteries, Historical Bridges, Underwater Archeological Sites and Shipwrecks are also available and must be completed if such resources are investigated. The Grantee shall obtain the most recent version of these forms by contacting the Florida Master Site File. All completed Florida Master Site File Forms shall be submitted to the Department's Grants Section with the FinaE Survey Report. After review for completeness and sufficiency, the Grants Section shall forward the completed forms to the Florida Master Site File. D. Reports Required for Preservation Planning Projects. In~addition to the Project Progress & Expenditure Repor#s described in Section B. above, a draft of the final product will be submitted to the Department no later than sixty days (60) prior to the end of the grant period. Based on Department review of the clraft(s}, supplemental reports or drafts of the final product may be required to be submitted for preservation planning projects depending on the nature and scope of the individual project. E. Submissions Required for Architectural Planning Projects. In addition to the Project Progress and Expenditure Reports described in Section B. above, in acaordance•with Section 267.031(5}{iJ, Florida Sfafufes, the Grantee shall provide the Department an opportunity to review and approve architectural documents for the Project at~the following points in their development: a. Upon-completion ofsche~rtatic design; b. Upon completion of design development and outline specifications; and c. Upon completion of working drawings and specifications, prior to execution of the construction contract. F. Reports Required for Camrnunity Education Projects. In addition to the Progress & `Expenditure Reports described in Section- B. above, a draft of the lino[ product shall be submitted to the DeparEment'no later than sixty .days (60) prior to the end of the grant period. Based on I]epartment review of the draft, supplemental reports or drafts of the final product may be required to be submitted for community education projects depending on the nature and scope of the individual project. 16 Historic Preservation Grant Award Agreement Attachment A Genera! and Special Conditions Governing Non-Matching Grants and Administrative instructions for Historic Preservation Project Accountability Grant No. S0906 Delray Beach Historic Disfrict Markers Project have read, understand, and recognize that Attachment A is a legally binding part of my Grant Award Agreement and that its provisions shall be enforced. /°~ ~ c C Signatur of Authorized Official Sionatu a Project Mama _r RITA ELLIS Typed or Printed Name of Authorized Official MAYOR OE DELRAY BEACH Typed or Printed Title of Authorized Official Nams of Project Manager Typed or Printed Title of 09.fl5.0Ei uate uate Please si nand return this a e with our si ned Grant Award Agreement. Approved as to form and State of Florida legal sufficiency: Department of State By: ~ Division of Historical Resources ~,~,Oity Attorney July 2008 ATTACHMENT B 50906 FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REOiTIItEMENTB The administration of resources awarded by the Department of State to the Grantee maybe subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-I33, as revised, and Section 215.97, F.S., monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by OMB, Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedureslprocesses deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS. PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-prof t organization as defined in OMB Circular A-133, as revised. I_ In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department of State by,this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received .from the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General, in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I,' paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year. and elects to have an audit - conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid froze non-Federal resources (i.e., the cost of such an audit must be paid froze recipient resources obtained from other than Federal entities). 4. The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Iepartment Financial Services (Chief Financial Officer) htto:l/www: fld.fs. com/ Federal Office of Management and Budget Circulars Index http:/Iwww.whitehause.gov/omb/grants/index.html -circulars Governor's Office Initiatives, Florida Single Audit Act http:I/www.~nyflorida.com/myflorida/governmendgovernorinitiativeslfsaa/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http:/lwww.leg. state.fl,us/ FART II: STATE FUNDED '1'kiis. part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipiettt expends a total amount of state financial assistance equal to or in excess of $500;000 in any fiscal year of. such recipient, the recipient mast have a State single or project-specific audit far such fiscal year in accordance with: Section 215.97, FIorida Statutes; appiicalile rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.b50 (nonprofit and for-profit organizations), Rules of the Auditor General. BXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department .of State by this agreement. Tn determining the state fmancial assistance expended in its fiscal year, the recipient shall consider. all sources of state financial assistance; including state.fmancial assistance. received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does ,not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2, In connection with the .audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit. complies with the requirements of Section 215.97(7), )Fonda Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 {local governnxental entities) or 10.650 (nonprofit and for-profit organizations); Rules 'of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000. in state financial assistance in its fiscal year and elects to have art audit conducted in accordance with tlae provisions of Section 215.97, FIorida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such am audit must be paid from the recipient's resources obtained from other than State entities). 2 PART III: REPORT SUBNIISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shalt be subntted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the. recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d}(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`s Street 7effersonviile, IN 47132 C. Other Federal agencies and pass-.hrough entities in accordance with Sections .320 (e) and {~, OMB Circular A- I33, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-i33, as revised, is not required to be submitted to the Department of State for the reasons pursuant to Section _320 (e)(2}, OMB Circular A-133, as revised, the recipient shall submit the requited written notification pursuant to Section .320 (e)(2} and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 3 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, Section 215.97, Florida Statutes, and Chapters 10.550 {local governmental entities) or 10.650 (nonprofit and for-profit organizations}, Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (Iocal governmental entities) or 10.650 {nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date -that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement far a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, Chief Financial Officer, ar Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three years from the date the audit report is issued,. unless extended in writing by the Department of State. EXHIBIT X FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT AREAS FOLLOWS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. SUB7ECT TO SECTION 215.97~FLORIDA STATUTES: Florida Department of State Historic Preservation Grants, CSFA Number 45.031 $4,750.00 {four thousand seven hundred fifty dollars). 4 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in tl~c Coatpliance Supplement to CSFA Number 45.031. The Grantee has read this Addendum to the Grant Award Agreement and has affixed their signature: CITY OF DELRAY BEACH ~~ ~- GL Signature of Authorized Off cial RITA ELLIS, MAYOR OF DELRAY BEACH Typed Name and Title of Authorized Off cial A~,praved es to form end legal sufficiency: _ By: ~~,City Attorney. 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 8, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 WAIVER REQUEST/WAKSMAKI PROPERTY ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a waiver from LDR Section 4.5.1(E)(8)(j) (2.), Scale of a Building, which requires that for buildings deeper than fifty percent (50%) of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line. Pursuant to LDR Section 4.5.1(E)(8)(j)(2)(a), at least thirty feet, six inches (30'6") is required to be set back an additional five feet (5') on each side elevation. The south elevation complies with this requirement, while no additional setback is provided along the north elevation. BACKGROUND The original Class V Site Plan approval was granted by the Historic Preservation Board (HPB) at its August 23, 2006 meeting for the construction of a 4,646 total square foot, three story, mixed-use structure. During the two year approval timeframe construction did not commence, and in June 2008, the property owners submitted a request to extend the approval for an additional two years. The justification statement for the request is attached to the HPB Staff Report. Pursuant to LDR Section 2.4.4(F)(3), if construction has not commenced on a project, the approved plans are analyzed pursuant to the LDRs in effect at the time of the extension request and the development is required to be compliant with the current requirements. Over the past two years changes to LDR Section 4.5.1 were adopted, and the previous approval does not comply with two (2) of the "new" regulations. Therefore, two (2) waivers were requested to those Sections. While one of the waiver requests was approved by the HPB, as permitted by the LDR Section 4.5.1(E)(8)(a)(2)(a)(v), the subject waiver request to LDR Section 4.5.1(E)(8)(j)(2)(a), Scale of a Building, requires City Commission approval via a recommendation by the HPB. At its meeting of August 6, 2008, the HPB considered and approved the Class V Site Plan extension request by a vote of 4-1 (Cope dissenting) subject to the condition that the subject waiver request be approved by the City Commission. The HPB considered the subject waiver request concurrently with the extension request and recommended approval by a vote of 3-2 (Cope and Del Fiandra dissenting). WAIVER ANALYSIS LDR Section 4.5.1(E)(8)(j)(2)(a), Scale of a Building, requires that at least thirty feet, six inches (30'6") be set back an additional five feet (5') on the north elevation. No additional setback is proposed. 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. Approval of the subject request can be supported in that (a) it will not adversely affect the neighboring area as the Board previously made positive findings with respect to appropriateness and compatibility prior to the establishment of the offset requirements, (b) the provision of public facilities will not be diminished as they would not be affected by the request, (c) an unsafe situation will not be created, and (d) a special privilege is not being granted as the lack of change in the wall plane between the first and second floors will not alter the compatibility findings made by the Board in the 2006 approval prior to the establishment of the offset requirements. Therefore, positive findings can be made with respect to LDR Section 2.4.7(B)(5). RECOMMENDATION Approve the waiver to LDR Section 4.5.1(E)(8)(j)(2.), Scale of a Building, which requires that for buildings deeper than fifty percent (50%) of the lot depth, a portion of each side facade, which is greater than one story high, be setback a minimum of five (5) additional feet from the side setback line, permitting the first and second stories of the north elevation to remain as previously approved, and not provide the required additional five foot (5') offset for a length of thirty feet, six inches (30'6"). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 338 NE 1St AVENUE PROPERTY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The action requested is a waiver, for the north elevation of the property, from the LDR section that requires a portion of each side facade, which is greater than one story high, be setback a minimum of 5 additional feet from the side setback line. This item has come before the City Commission on September 16, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request from the property owner of 338 NE 1St Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: LDR Section 4.5.1(E)(8)(j)(2) requires that for buildings deeper than fifty percent (50%) of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line. Pursuant to LDR Section 4.5.1 (E)(8)(j)(2)(a), at least thirty feet, six inches (30'6") is required to be set back an additional five feet (5') on each side elevation. The applicant has requested a waiver from this section for the north elevation of the property. 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. Does the waiver request to Section 4.5.1(E)(8)(j)(2), for 5' additional setback for a length of 30'6" along the north elevation, meet all the requirements of 2.4.7(8)(5)? Yes No 1 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 denies the waiver request to LDR Section 4.5.1(E)(8)(j)(2). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 16t" day of September, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 HISTORIC PRESERVATION BQARD MEMORANDUM STAFF REPQRT Property Owner: Walter Waksmacki Project Location: 338 NE 1St Avenue, Old School Square Historic District HPB Meeting Date: August 6, 2008 File No.: 2006-970-SPF ITEM BEFORE THE BOAR© The item before the Board is consideration of a twenty-four month time extension for a Certificate of Appropriateness, Class V site plan, and associated waivers for the property located at 338 NE 1st Avenue, Old School Square Historic District pursuant to LDR Section 2.4.6(H). C BACKGROUND The subject property consists of Lot 19, Block 65, Town of Delray and contains approximately 0.15 acres, all of which is vacant [and. The property is zoned OSSHAD (Old School Square Historic Arts District), and is located in the Old School Square Historic District. The subject application was reviewed and approved with conditions at the HPB meeting of August 23, 2006 meeting. The development proposal consisted of the construction of a 4,646 total square foot, three story, mixed-use structure in addition to two waivers: one waiver for the location of parking within the front yard and required front setback, and one waiver for the reduction of the required landscape strip from five feet (5'} to two feet nine inches (2'9") and three feet, three inches (3'3"). These waivers were approved by the City Commission at its September 19, 2006 meeting. The aforementioned conditions of approval consisted of the following: Site Plan 1. That the details of any proposed signage are to be submitted; 2. That spun concrete lighting is provided on NE 15t Avenue and the details are noted on the plans if required by the Pineapple Grove Main Street Association andlor the Planning and Zoning Department; 3. That, where feasible, all overhead utility lines {including the alley) are placed under ground; 4. That the City Commission accept a 2' {two foot) dedication from the alley and a 5' (five foot) dedication from NE 1St Avenue from the subject property prior to site plan certification; 5. That all Site Plan Technical Items are addressed and three (3) copies of the revised plans are submitted (See Attached); 6. That a bicycle rack is provided, and; 7. That notification is received from the Palm Beach County Traffic Division that the proposed development meets traffic concurrency. Landscape Plan 1. Subject to the City Commission approval of the waiver request to reduce the required five foot (5') wide landscape barrier provided between the off-street parking area or other vehicular use area and abutting properties. Design Elements 1. That the third-floor porch on the rear elevation is revised to contain a post at the southern corner similar to that of the front elevation. X38 1"' llventE~, Si#~ r'iai~ xt~r~~icar~ R~qu~st; 2oo~s-1 ltd HFd tv1~:~#ing ~€agEaSt ~r 2~4f3 rage ~ ~~ 11 The noted conditions of approval were met and the plans were certified by the Planning and Zoning Director on December 12, 2006. E'XTENSI`ON REQUEST & ANALYSIS `;~ Pursuant to LDR Section 2.4.4(F}('I-3}, extensions may be granted to the previously approved application, pursuant to the following: (1) General: (a) A written request for an extension must have been received by the City at least fiorty-five {45) days prior to the expiration date; (b) The Fetter must set forth the basis and reason for the extension; (c) The extension shall be considered by the same body which granted the original approval; (d} The extension, if granted, shall be for eighteen months unless otherwise stated; STAFF COMMENT A written request was submitted on June 25, 2008, which was more than forty-five (45} days prior to the site plan expiration date. The extension request letter (see attached) states that the pro}ect has been delayed due to the following: "...market conditions have adversely affected the appraisal value of my project and forced me to postpone construction." As no construction has occurred, this extension request is to be considered pursuant to LDR Section 2.4.4(F)(3) "No Construction" as follows: (3) No Construction: When the project has not commenced construction, or construction has not been deemed substantial, the request far extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; {b) Additional submittal information including a new application and copies of previously submitted material maybe required; {c} The granting body must make fndings pursuant to 2.4.4(B}; {d} The granting body may impose additional conditions of approval pursuant to 2.4.4{C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. STAFF COMMENT The criteria noted above are considered as follows: {a} At the time of review, the Board felt that the proposal complied with the LDRs and made positive findings upon approving the site plan with conditions. However, LDR Section 4.5.1, Historic .Preservation Districts and Sites, has undergone significant revisions. As llustrated in the analysis provided in "Appendix A", and upon approval of the waiver requests to those sections with which the proposal does not comply, positive findings can be made. (b} Previously submitted materials were deemed complete and included elevations which were revised to meet HPB conditions of approval; (c) LDR Section 2.4.4(B) requires positive findings of Article 3.1. The Board made these positive findings upon approval of the development proposal; 33~ Nlw ~:" 11v:~rt~te, Sits Plan C~xt~n~icir~ ~2eq~€~st; 2€06-'~7~ ~P~ 1t;~titig 1~t,igli4i ~, ~~0~ Page 3 taf 11 (d) At the time of approval, the Board incorporated conditions of approval to provide for a proposal which complied with the required review criteria. Staff has no further recommendations for additional revisions to the plans. Pursuant to LDR Section 2.4.4{F)(1)(d}, eighteen month extensions are allowed by code unless otherwise stated. The applicant has requested an extension of 24 months. Therefore, the site plan approval would be valid through August 23, 2010. AS'SESSMFNT & CONCLUSION The request is not unreasonable as market conditions have drastically declined since the development proposal was approved in 2406. This is evident in the statement provided by the property owner which notes that the appraisal value of the project has been adversely affected. The Board approved the application with conditions based upon positive fndings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. While there have been significant LDR changes since the approval, the development extension request should not be affected as an appropriate and compatible development is being provided. Based on the analysis given and the justification request statement, positive findings can be made with respect to LDR Sections 2.4.4(D} and (F){1) & {3}, subject to the approval of the two waiver requests. ALT'.ERNATiVE ACTIONS A. Postpone with direction. B. Move approval of the request for an extension of the Certificate of Appropriateness and Class V site plan (2006-170} far the property located at 338 NE 1St Avenue, Old School Square Historic 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 Sections 2.4.4{D) and {F}(1) & (3} of the Land Development Regulations. C. Move denial of the request for an extension of the Certificate of Appropriateness and Class V site plan (200fi-170} for the property located at 338 NE 15t Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, does not meet criteria set forth in Sections 2.4.4(D} and (F){1) & (3) of the Land Development Regulations. (Motion to be phrased in the affirmative. See above) RECO:MMi*NDATlf3N`: Site Plan Extension Approve the request for an extension of the Certificate of Appropriateness and Class V site plan (2006-170) for the property located at 338 NE 1St Avenue, Ofd School Square Historic 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 Sections 2.4.4(D) and {l=}(1) & {3) of the Land Development Regulations. Waiver Request - L,DR Section 4.5.1(E}(8)(a){1.){a}, Height -Building Height Plane Recommend approval of the waiver request to LDR Section 4.5.1 (E}{8}(a)(1,)(a), which requires compliance with the Building Height Plane, based on positive findings. 338 NIA ~'" l~veue, fife r ~ar~ i~xt~n5ic~r~ I~~~{~.iesE; 2C~~1~-'~7C3 F~€'Ef t~~ee~is~g Augusi ~, ~~(~$ Page 4 of 1 T Waiver Request-LDR Section 4.5.1{E)($){j)(2.), Scale of a Building Recommend approval to the City Commission of the waiver request to LDR Section 4.5.1 (E}(8)(j}(2.}, which requires that buildings deeper than fifty percent {50%} of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five {5) additional feet from the side setback line: Report Prepared By: Amy E Alvarez, Historic Preservation Planner Attachments: • Appendix A -LDR Section 4.5.1 Analysis • Appendix B -Waiver Analysis • Extension Request Letter dated June 18 2007. • Historic Preservation Board Staff Report Dated August 23, 2006. ~3~ ~~ 1"' ~lvenuw, ~ie~ ~s~r~~ Ext~nsic~r~ ~c~~3~~t: 2~0~-~7~ H~'E~ ~~cting ~tE~guti ~a, 2~(l~ rage 5 cif 1€ -- APPENDIX A LDR Section 45.1 Analysis t_DR Section 4.5.1 (E) is provided and analyzed below as applicable. {E) Develo ment Standards: Alf development regardless of use within individually designated historic properties andlor properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the In#erior's Standards for Rehabilitation. (2) Maior and Minor development: For purposes of this section, major and minor development standards shall be applied as noted in the following table: Review Type;by Use and Zoning `Qistric# Zonin g New Modification of Modification of Non- District Use Construction Contrihu#in Structures Contributin Structures Under 25°Io Over 2&°lo Under 23%a Over 2S% CBD & CF Multi-Famil Minor Minor Minor Minor Minor Non-Residential Minor Minor Minor Minor Minor R-1-A, R- Single 1-AA, Famil /Du lex .Major Minor .Major Minor Major RO, Multi-Famil Major Minor _ Ma~or' Minor Major OSSHAD, Non-Residential Major Minor Major. Minor Major RL, & RM, STAFF COMMENT: Pursuant to the chart above, the subject development proposal is considered "Major Development" as it is new construction wi#hin the OSSHAD zonin dis#rict. (3} Buildin s Structures A urtenances and Parkin Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: {a) Appurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. Fences and Walls: c. Fences and walls over four feet {4'} shall not be allowed in front or side street setbacks. STAFF COMMENT; The landscape plan notes the removal of the existing picket fence from the north property fine. Therefore, there will not be any fences located on the property or associated with the proposed development, and positive findings can be made. 2. Garages and Carports: a. The following compatibility standards shall apply for major development, where applicable: i. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. However, if this is not 3~8 N~ ~:'~ ~ia~er~~~~, ~IF~ F'E~t~ Ext~nsiar3 E1~c~~~~st: 2t~Cl~-~7~J H'E~ fv1~;~fir~g Augi,~E. 6, 2;~0~3 "'~c~~ ~ ~i ~ 1 possible, the orientation of garages and carports shall be consistent with the majority of such structures within the district. ii.Garage doors should be designed to be compatible with the architectural style of the principal structure and include individual openings for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged. STAFF COMMENT: A single garage door is located on the west {rear) elevation which faces the alley. However, this space is to be utilized for storage, not parking. Nevertheless, the proposal complies with the subject requirement and positive findings can be made. {b) Parma. Where feasible, alternative methods of meeting minimum parking standards contained in Sections 4.6.9(C){S} andlor 4.6.9{E), as applicable, shall be explored to avoid excessive use of historic properties andlor properties located in historic districts for parking. Parking lots shall strive to contribute to the historic riature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from historic structures. At a minimum, the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right-of-way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. 2. Waivers may be gran#ed by the Historic Preservation Board far relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. STAFF COMMENT: The required parking is located along the rear of the property and backs out onto the alley, while a circular driveway is proposed at the front of the property and would accommodate two {2} of the required parking spaces. Due to the parking located in front of the structure, a waiver request was made to L.DR Section 4.4.24{G)(3), which states that "all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure." Further analysis may be found in the attached HPB Staff Report. Nevertheless, the parking is in compliance with the subject regulations and positive findings can be made. {5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. STAFF COMMENT: The subject Standards and Guidelines applied to the subject application in 2006 have not been revised. Therefore, positive findings can be_made with the respect to the„subject regulation. 338 I~tE 1"' Avsrtu2, Sits F'IaE~ ~xt?n~ior~ Rsq~~esf; 2b~~-171x1 Page 7 sf 11 (8) Visual Compatibility Standards. New construction and all improvements within a designated historic district shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for major development as referenced in Section 4.5.1(E)(2} shall be determined by utilizing criteria contained in {a}-{m) below. STAFF COMMENT: Those applicable Visual Compatibility Standards which were not significantly revised andlor added since the HPB approved the subject Class V Site Plan Application are noted and analyzed below. (a} Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height ofi existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1 {E)(2){a}, shall also be determined through application of the following: 1. Building Height Plane ;BHP); The building height plane technique sets luck the overall height of a building from the front property line. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall he established at a two to one {2:1 }ratio. See illustration below. zl ~ ~D L?Gil.O h1AX 35' HT, { ZL'IvE r~ / ~I ~,~ ~'' 1, O~ 22.5'4 HIS7C3RIG O] ~ '17.5' ruEAR mi a9~~,~ •.. ;;\_~a• / SETBACK 3 p.9' m ..3u.G 9131L.D1ASG HEIGHT PLAt+IE AT 2c1 RATIO STAFF COMMENT: Upon application of the subject regulation, the proposed structure is not in compliance, as a portion up to thirty two feet (32') in length is located within this area. Therefore, a waiver request is necessa . See A endix B fior the waiver anal sis. 2. First Floor Maximum Height: a. ~ Single-story or first floor limits shall be established toy: i. Height from finished floor elevation to top of beam {tie or bond) shall not exceed fourteen feet (14'}, ii. Mean Roof Height shall not exceed eighteen fleet (18'). X38 NE 1"~ l~venue, Site Dian Ext~nsian Rega~st; 2C}~~5-17~ H~~i ~V1~:Pfing ~ki.~gL~s~ 6, ~pOr~ F~aq~ 8 ai 11 iii. Any portion exceeding the dimensions described in i. and ii above shall be considered multi-story structures. iv. See illustration below: v. Sections i. and ii., above may be waived by the Historic Preservation Board when appropriate, based an the architectural style of the building. 3. Upper Story Height: a. Height from finished floor elevation to finished floor elevation or top of beam {tie or bond) shall not exceed twelve feet (12'). STAR= COMMENT. The first floor height is twelve feet, four inches (12'4") to the top of the concrete slab for the second story, while the second story measures twenty-three feet {23') to the top of the beam, and the third story portion measures thirty feet (30') to the tap of the beam. Therefore, the proposed structure complies with the height requirements noted above. Q} Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: 2. For buildings deeper than fifty percent {50%} of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% = 60' - 25' front yard setback - 10' rear setback = 25'). b. Any part or parts of the side facades may be used to meet this requirement. c. See illustration below: ~3~3 ~iC 1'~ /tvenu?, Sits {~I~r~ ~xtvns€an Re~u~St: 2Q~36-1 ~fl ~~ fvl~~fing ~€~gtls~ f~, 2(~~8 P~€ca~ 9 ~i 11 Tb' I,OT b In N Ili Zr.S'~ .~ ~~~~~ ~Il N d. if the entire building is set back an additional five {5) feet from the side, no offsets are required on that side. 3. Porches may be placed in the offset portion of the front or side fagades, provided they are completely open except for supporting columns andlor railings. STAFF COMMENT: Pursuant to the above, at least thirty feet, six inches (3fl'6") is required to be set back an additional five feet (5'} on each side elevation. The entire south elevation complies with this requirement as there is at [east an additional five foot (5'} setback along this side. However, the north elevation is flush with respect to the first and second stories which measures sixty five feet, four inches (65'4"} in length. To the contrary, the third floor measures only thirty feet (30') in length and is set back an additional three feet, six inches (3'6"). As a result of the second story not complying with the new regulation, a waiver to this regulation is required and analyzed in Appendix B. (I) Architectural Style: All major and minor development shall consist of only one (1 } architectural style per structure or property and not introduce elements definitive of another style. STAFF COMMENT: As identified in the attached HPB Staff Report, the overall architectural style is Vernacular, consisting of Hardiplank siding and a 5-V crimp, mill finish metal roof. Aluminum, single hung windows of a 212 configuration are proposed throughout with paneled, aluminum shutters and shutter-dog hardware. The main entry consists of a pair of divided light, French doors. Therefore, positive findings can be made with respect to the subject regulation. 3~~ ~~ 1'",~Eren~~a, Site Pl~~~ iWxt~rsit~rt Req~.~e~t; 2~~6-1`t~ HP~' Mt~~ting Riagu~t a; 2C}(~8 P~r~ ~{l o',` 11 APPENDIX B w~1Ver Analysts As noted in Appendix A, two additional requests are required in order to comply with the current LDRs. LDR Section 4.5.1(E)(8)(a)(1.)(a) A waiver is required to LDR Section 4.5.1(E)(8}(a)(1.)(a), Height, Building Height Plane (BHP), which requires compliance with the building height plane technique. The BHP sets back the overall height of a building from the front property line. As indicated in Appendix A, a portion up to thirty two feet {32`} in length is located within this area. LDR Section 4.5.1 (E){$}(a)(2.)(a}(v.) notes that this requirement may be waived by the Historic Preservation Board when appropriate based on the architectural style of the building. In support of the waiver request, the applicant has submitted the following: "This section did not exist when the project was originally approved; therefore, such requirement was not taken into account when designing the project." 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; or, {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. ANALYSIS Approval of the subject request can be supported in that (a). it will not adversely affect the neighboring area as the Board was previously able to make positive findings with respect to appropriateness and compatibility, (b) the provision of public facilities will not be diminished as they would not be affected by the request, (c) an unsafe situation will not be created as this would have been addressed in the original Board review and approval, and (d), a special privilege is not being granted as the additional building portion which extends into the BHP is appropriate to the style of the building and will not appear to be incompatible as it will assist in balancing the streetscape with the development located on the apposite side of NE 1ST Avenue. Therefore, positive findings can be made with respect to the subject waiver request. LDR Section 4.5.1(E}(8)(j}{2.) A waiver is required to LDR Section 4.5.1(E)(8)(j)(2.}, Scale of a Building, which requires an additional setback of five feet (5'} on each side elevation. Therefore, the subject development proposal will require that at leas# thirty feet, six inches (30'6"} is setback an additional five feet (5') on each side elevation. The north elevation is flush with respect to the first and second stories which measures sixty five feet, four inches {65'4") in length. To the contrary, the third floor measures only thirty feet (30'} in length and is set back an additional three feet, six inches (3'6"). In support of the waiver request, the applicant has submitted the following: "This section did not exist when the project was originally approved; fherefore, such requirement was not taken into account when designing the project." 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: 333 NE ~ `'~'1ver~ue, ~it~ Plar ~ Extension I~er~~~~~t; 2[~~7~-1 l~ N~'B €~I~:eti~tr~ l;ugtSSi ~, 2siC3F~ Page ~ 1 of 13 {a) Shali not adversely affect the neighboring area; {b} Shall not significantly diminish the provision of public facilities; {c} Shall not create an unsafe situation; or, {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. ANALYSIS Approval of the subject request can be supported in that (a) it will not adversely affect the neighboring area as the Board was previously able to make positive findings with respect to appropriateness and compatibility, {b} the provision of public facilities will not be diminished as they would not be affected by the request, {c) an unsafe situation will not be created as this would have been addressed in the original Board review and approval, and (d), a special privilege is not being granted as the lack of change in the wall plane between the first and second floors .Therefore, positive findings can be made with respect to the subject waiver request. E L E G A N T ~: KITCHENS & BATHS, ENC. a~o1 N. Congress Ave., Suite 210 Delray Beach, FE. 33445 Office: 561-330-3566 Fax: 561-330-6404 CRC #1326320 June 24, 2008 Paul Dorling Director of Planning & Zoning City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Dorling, I am writing to you to ask for an extension on the project at 338 NE lst Ave in Delray Beach. Palm Beach county has increased their development of new commercial space since 2006 with over a million plus square feet of new or currently under construction square footage. There is a 14% vacancy rate in office/commercial space according to a market study done by CaStar. All of these facts in addition with current market conditions have adversely affected the appraisal value of my project and forced me to postpone construction. Job growth is positive which should lead to a slow expansion of existing businesses, which is why I feel the market will recover. I am asking fora 24 month extension to wait out the current market conditions; this will allow me to proceed with my project in a more favorable environment. Sincerely t alter Waksmacki President Elegant Kitchens & Baths, Inc: ~~ ~. , ~ ~ ~ ~ ~~4 ~~ ~~i ~ sup ~ ~ ~~o~ la ~~r~z ~es~~n ~~A~a ~a~ ~1"1COC~OxB~~Cj aa-oozese July 29, 2008 Amy Alvarez Historic Preservaticn Planner Planning and honing Department Cify of Delray Beach Defray Beach, Florida Reference: Waksmacki Building Site Plan !`xtension Dear Amy: A pursuant to LDR sec#ion 2.4.7(8), we hereby request a waiver to the following sections of the Land Development Regulations: Waiver#7: A waiver to LDR Section 4.5.1(E)(8)(a)(1.)(a), which requires compliance with the Building Height Piave. This section did not exist when the project was originally approved; #herefore, such requirement was vat taken in#o account when designing the project The granting of the waiver will not adversely affect the neighboring area, the granting of the waiver will not create and unsafe situation, and the granting of the waiver wilt not result in the grant of a special privilege. Waiver #2: A waiver to LDR Section 4.5.1(E}(8)(j)(2.), which requires that k~uildings deeper than fifty percent of the lot depth have special side setback requirements. This section did not exist when the project was originally approved; therefore, such requirement was not taken into account when designing the project The granting of the waiver will not adversely affect the neighboring area, the granting of the waiver will not create and unsafe si#uation, and the granting of the waiver will not result in the grant of a special privilege. 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ITEM: Waksmaci Building (338 NE 1St Avenue} - Consider a Certificate of Appropriateness Associated with a Class V Site Plan, Landscape Plan, Design Elements and Waiver Requests for the Construction of a Mixed Use Structure. GENERAL DATA: OwnerlApplican# ........................ Agent ......................................... Location---~ ~-~---~ ........................... Property Size ............................. Future Land Use Map ................ Current Zoning ........................... Adjacent Zoning ................North: East: South: West: Existing Land Use ..................... Proposed Land Use .................. Elegant Kitchens & Baths, Inc. Perez Design, Inc. W est side of Northeast 1St Avenue, approximately 220` south of Northeast Ott' Street. 0.15 Acres OMU (Other Mixed Use) OSSHAD (Old School Square Historic Arts District) OSSHAD (Ofd School Square Historic Arts District) CBD (Central Business District) OSSHAD (Old School Square Historic Arts District) OSSHAD (Old School Square Historic Arts District} Vacant Construction of a mixed use structure. o\+~~, G~ F~ ~~D N.E. 5TH w Z N.E. 4TF! ST. w POST ~ OFFlCE z w Q Q Q N.E. ~RD ST. Z ,~ F- G. ~ ~ z ~ N W I.1 Z Z I II. A. _~.._ L ITEM BEFORE THE:BOARD The action before the Board is approval of the following development proposal aspects for the Waksmacki Building located at 338 NE ,lst Avenue, Old School Square Historic Arts District, pursuant to LDR Section 2.4.5(F}: ^ Class V Site Plan; ^ Landscape Plan; ^ Design Elements, and; ^ Waiver Requests The subject property is located on the west side of NE 1St Avenue, between NE 3'd and 4tn Streets. BACKGROUND The subject property consists of Lot 19, Block 65, Town of Delray and contains approximately Q.15 acres, all of which is vacant land. The property is zoned OSSHAD (Old School Square Historic Arts District), and is located in the historic district of the same name. Records do not show a structure ever having been located on the lot. The action now before the Board is approval of the site plan, landscape plan, architectural elevations, and two waivers. _. _ PROJECT DESCRIPTION _ . The development proposal incorporates the following: ^ Construction of a 4,646 total square foot, two and three story, mixed use structure, and; ^ Installation of associated landscape plan. New Construction The subject property measures fifty feet (50') in width and one-hundred, thirty-one feet (131 `) in depth. The proposed development consists of the construction of a 4,646 square foot, mixed- use structure measuring approximately thirty-four feet {34'} to the mean roof height and consisting of two-stories with a partial third story situated to the rear of the structure. The first floor contains approximately 1,591 square feet of office space, 2T2 square feet of storage and 80 square feet of residential space, while the second and third floors contain a combined total of 2,296 square feet to be used as asingle-family residence. The overall architectural style is Vernacular, consisting of Hardiplank siding and a 5-V crimp, mill finish metal roof. Aluminum, single hung windows of a 212 configuration are proposed throughout with paneled, aluminum shutters and shutter-dog hardware. The main entry consists of a pair of divided fight, French doors. The exterior color scheme consists of `Summer Tree Peach` for the siding, White for the windows, fascia, columns, railings, and doors, and 'Cornstalk' {light green} for the shutters. Landscape Plan The landscaping consis#s of 2 Magnolias and a Gumbo Limbo to the front of the building and 2 Silver Buttonwoods adjacent to the rear car parking area. Other plant species include Redtip X38 NE 1St Avenue. 2006~17C 'F PB N~eetinq August ~, 2006 Cocoplum, Double Alexander Palms, Crown of Thorn, Green Island Fiscus, and Confederate Jasmine. Waivers The development proposal also includes waivers to the following sections of the Land Development Regulations: 1. LDR Section 4.4.24{G}{3), which states that all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. The applicant proposes a circular driveway allowing for two (2) parking spaces located within the fron# yard and required front setback. 2. LDR Section 4.6.16{H){3)(d), which requires a five foot (5'} landscape strip between aff- street parking areas or other vehicular use areas and abutting properties. The parking at the rear of the property, along the alley, is situated between two landscape strips measuring two feet nine inches {2'9") and three feet, three inches {3'3"). SITE-.PLAN=ANALYSIS ` _:::, The subject property is zoned OSSHAD. Pursuant to LDR Section 4.4.24(A}, the OSSHAD is a mixed use district which is intended to: (1 } Provide for mixed uses of residential, office, and commercial activities, with an emphasis on the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and. enhance the historic and pedestrian scale of the area; (2) Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach"; (3) Improve the environmental quality and overall livability of this Historic District and stabilize and improve property value-therein,-and; (4) Allow uses which promote preservation and adaptive reuse of all structures within the District. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS Items identified in the Land Development Regulations shat! specifically be addressed by .the body #aking final action on the site and development applicationlrequest. 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 that portion of the development located in the OSSHAD zone district: Required Provided Buildin Hei ht maximum 35' 34' Open S ace 25% 31 °1° Maximum Lot Covera e 40% 33% Setbacks ^ Front 25' 25' ^ Side Interior North & South 7'6"' 7'6" ^ Rear 10' 33' Development Standards Pursuant to LDR Section 4.4.24(F)(5), the floor area for the third floor shall be limited to 50% of the second floor area and the building setbacks ar planes of the fagade are offset and varied to 2118 338 h!E ~St Avenue, 20x6-17C 'F I~iPB Meeting August 2; 2006 provide visual relief. The proposed third floor contains approximately 565 total square feet, while the second floor contains approximately 1,898 total square feet. Therefore, the proposal is in compliance with this requirement at 29.7%. Special District Regulations Pursuant to LDR Section 4.4.24(H}(1), residential units within a structure containing permitted non-residential use(s) shall not use more than 50% of the gross floor area of the structure within which they are located. The proposal has a total area of 4,646 square feet and contains 2,296 square feet of residential use which is 49.4%. The proposal is therefore in compliance with this requirement. Parking The following LDRs apply: Pursuant to LDR Section 4.4.24(G}{3), all parking, except fior single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking sha[I be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. if approved, such parking shall be substantially screened from off-premises view by a hedge or decorative fencing. The proposal includes 6 parking spaces, 4 of which are accessed from the rear alley and 2 of which are located between the street and the building. The 2 front spaces will be screened by Crown of Thorn, Trinette and a Gumbo Limbo. Asemi-circular drive will allow vehicles to exit in a forward manner to NE 15t Avenue. Pursuant to LDR Section 4.4.24{G){4)(a), all non-residential uses, with the exception of restaurants, shall provide one parking space per 300 sq.ft. of total new or existing floor area being converted #o non-residential use. This requirement may be reduced to one parking space per 400 sq.ft. of total floor area, or by at least one space, where there is a mix of residential and non-residential use in the same structure. Pursuant to LDR Section 4.6.9(C)(2){a}, single-family detached residences require two spaces per dwelling unit. As per the applicant's letter of June 27, 2006, the first floor storage area will be used as part of 'the office area. The total office area therefore is 1,863 square feet which requires 5 parking spaces. The dwelling unit requires 2 parking spaces. A total of 7 spaces are required and the proposal includes 6. LDR Section 4.6.9{F}(1) allows a reduction in the number of parking spaces 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 is requesting a reduced number of parking spaces with regard to this section of the LDRs and has submitted a letter of request and the building floor plans as special documentation. The letter states: `The building floor plans clearly indicate that the reduced number of parking spaces (six instead of seven) will accommodate the commercial use within the building because of the following reasons: 3118 338 NE 15' Avenue. 20{36-17C 'F HPB Meeting August 2; 2Q05 • The actual square footage of the commercial space without the storage area, which is 7, 591 SF, requires four parking spaces'. As this proposal has an inordinately large storage area associated with the commercial use {272 square feet}, this request can be supported. Per LDR Section 4.6.9(D)(2){a-b), each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except in the following situations: (a) When the land use is a single family detached dwelling, a townhouse (fee simple ownership), or a duplex; (b) When the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' and a minimum width of ten feet (10'} and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley; The combined depth of the alley and the parking space is 42 feet therefore the proposal is in compliance with this requirement. Waiver Re nests As previously noted, the following waivers have been requested: ~ . LDR Section 4.424(G){3), which states that all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No -such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If approved, such parking shall be substantially screened from off-premises -view by a hedge or decorative fencing. The proposal includes 6 parking spaces, 4 of which are accessed from the rear alley and 2 of which are located between the street and the building within the front setback. The 2 front spaces will be screened by Crown of Thorn, Trinette and a Gumbo Limbo. Asemi- circulardrive will allow vehicles to exit in a forward manner to NE 'Ist Avenue. 2. LDR Section 4.6.16(H)(3)(d), which requires afive-foot (5') landscape strip between off- street parking area or other vehicular use areas and abutting properties. The parking at the rear of the property, along the alley, is situated between two landscape strips measuring two feet nine inches {2'9") and three feet, three inches (3'3"). Signs: As the fiirst-floor is to be used for officelcommercial space, the details of any proposed signage must be submitted. This is attached as a condition of approval. Site Ligh#ing: Pursuant to LDR Section 4.6.8, site lighting is required #o be provided. The proposal includes the installation of Cyclone CN5502 wall mounted lighting fixtures. The black aluminum fixtures will be installed on the structure approximately 8` 8" above ground level. In accordance with aft ~ 338 HE 15i /-~~enue, 2006-17C ` '~ HP~ Meeting August 2, 2000 LDR Section 4.8.8, a photometric plan has been provided which complies with the requirements of this section. Sidewalks: A paver brick sidewalk and spun concrete lighting are to be provided on NE 1St Avenue. This requirement has been added as a condition of approval and must be shown on the plans. ~neapp a rove am __treet a eve,opme.,,_,. „„ ,,, nt Plan: The Pineapple Grove Main Street Neighborhood Plan (The Plan) contains several design guidelines that address redevelopment efforts within this area. The following is an analysis of the applicable design guidelines: Overhead Power Lines: Overhead cables (electric, telephone, CATV} are required to be placed under ground whenever feasible. A condition of approval is attached that, where feasible, all overhead utility lines (including the alley} are placed under ground. The Pineapple Grove Design Committee submitted a letter of support for the proposal dated March 30, 2006 subject to the condition that the decorative shutters are in direct proportion to the size of the windows. 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 folEowing table describes the required rights-of--way and the existing rights-of-way adjacent to the subject property: Right-of-Way Required Existing Proposed Required Dedication Pines le Grave Wa 80' S0' 50` 0' NE 15 Street 55' S0' S0' S' NE 1St Avenue 60' S0' S0' S' Alle 20'or dominant width 18' 20' 4' The City Engineer has stated #hat a 2' right-of-way dedication along the alley is required and a 5` right-of-way dedication along NE 1St Avenue is required. Copies of recorded right-of-way dedications must be submitted and the dedications must be accepted by the City Commission. Site Plan and En ineerin .Technical Items: While the revised site plan has accommodated some staff concerns; the following items remain outstanding, and will need to be addressed prior to building permit submittal {unless stated otherwise}: 1. No building permit will be issued until all dedications are recorded. 2. Remove all civil details firom the architectural plans. 3. Health Department permits are required for this project. Provide copies of the water permit. 4. Verify limits of 8" water main along NE 1St Ave and show an plans. 5. Provide copy of certifiied topographic survey. 6. A 2' right-oF way dedication along the alley is required. Provide copy of recorded right- of-way dedication. ~~~ s 338 NE 15f Avenue, 200-~7C " 'F HPB Meeting August 2, 20Q6 7. A 5' right-of-way dedication along NE 1St Ave is required. Provide copy of recorded right- of-way dedication. 8. Provide certified exfiltration trench test results. 9. Existing 2" water main along NE 1St Ave may need to be upgraded. 14. Provide asphalt paving cross section. 11. The sidewalk along NE 1St Avenue is required to be pavers. Match existing design for Pineapple Grove area. The Site Plan shows the sidewalk as being concrete. 12. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities prior to submitting Final Engineering Plans. 13. Provide on the plans current City of Delray Beach standard construction details as applicable. 14. All connections to existing water mains shall be made while the water main is under normal working pressure. If this cannot be accommodated, the design shall incorporate special provisions such as line-stops to minimize the impact on existing customers. 15. Show limits of trench repair for installation of new water main. 16. Indicate on the plans the location pigging wyes. 17. Provide on the detail sheet the City's standard Fill and Flush detail. 18. Material size of water main in the City of Delray Beach is 8 inches. Material of proposed water main is to be Ductile Iron Pipe or C-900. 19. Provide copy of approved Landscape plan. 20. A certified engineer's estimate will be required for all City maintained improvements. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement far Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. Far additional information see Section II of the City of Delray Beach Minirnum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. 21. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the Engineering Department, 434 S. Swinton Avenue. 22. Additional comments may follow upon provision of requested information. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Sha[I not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; or, {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Parking Pursuant to LDR Section 4.4.24{G)(3}, all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. The applicant proposes a circular driveway allowing for two (2} parking spaces located within the front yard and required front setback. The applicant has submitted the following narrative in support of the waiver: "The intenf of the projecf is to create a single occupanf, mixed-use building fhaf looks and feels like asingle-family home. Mr. Wally and Susan Waksmacki would like to live ~r~ s 338 N~ ~StAvenue. 2(}06-17C 'F 1-~PB ~Fieeting August 2, 2006 and work in fhe historic disfricf...they want fo build, attached to their residence, a small (1 bDOst) show room where they are going to see cusfomers by appointment only...Because they see their cusfomers on a `by appointment only' basis, Wally and Susan do not need fhe traffic and exposure of a commercial sfreet." Analysis VHhile the proposed development is not solely asingle-family home, it does contain asingle- family residence component. The parking spaces at the front meet the required residential parking component. Additionally, the addition of a circular driveway would add #o the residential feel of the property within the mixed-use historic district. Therefore, positive findings can be made to the waiver request for parking located in the front yard. Landscaping Pursuant to LDR Section 4.6.16(H}(3){d), a landscaped barrier shall be provided between the off-street parking area or other vehicular use area and abutting properties. This landscape barrier shall be Iota#ed between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than five (5) feet in width. "The project pravides...landscape islands around the parking lots on fhe west side of fhe property. These widths have been reduced in order to accommodate parking on fhis very small property. !n addition, we are unable to provide free with the island, as such free will conflict with the existing power lines. As we have experienced during fhe previous hurricanes, FPL is very weary of frees being planted in close proximity to power lines." Analysis The parking at the rear of the property (along the alley) is situated between two proposed landscape strips measuring two feet nine inches {2'9") and three feet three inches {3'3") in width. While the landscape strips measure less than the required width, the buffer area is stilt provided at more than half of the required width. Therefore, positive findings can be made to the waiver request to reduce the landscape strips to two feet nine inches (2' 9") and three feet three inches {3' 3"}. -- LANpSCAPIt ANALYSIS The following Landscape Technical Review item remains outstanding, bu# is addressed in the form of a waiver: Per 4.6.16(H} (3) {d) a landscaped barrier shall be provided between the off-street parking area or other vehicular use area and abutting properties. This landscape barrier shall be located between the common lot line and the off street parking area or other vehicular use area in a planting strip of not less than five (5) feet in width. This space has not been provided on both sides of the parking row adjacent to the alley or the circular driveway in front. DESIGN ELEMENTS Comprehensive Plan Objective A-12.1 of the Comprehensive Plan, offers that to assist the residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. ~~~ s 338 NE 1~~ Avenue, 2006-17C ~~ HPB Meeting August 2, 2oQ6 Policy A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit size and scale of new homes to be consistent with the existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. Design Elements t_DR Section 4.5.1(E)(4) and 4.5.1(E)(8){a-k}, "Development Standards" provides guidelines in evaluafing Certificafes of Appropriateness for the alteration or addition of exterior architectural features. The Board shall consider the following: (E)(4) A historic site, or building, structure, site improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of Interior's Standards for Rehabilitation, as amended from time to time. (E)(7) The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of anon-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance. of an existing non- contributing building. Any material change in the exterior appearance if any existing non-contributing building, structure, or appurtenance in a designated historic district steal! be generally compatible with the farm, proporfion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approxlmafe to the non-confributing building, structure, or site. (E)(8) All improvemenfs to buildings, structures, and appurfenances shah be visually compatible. Visual compatibility shall be determined in terms of height, fronf fagade proportion, proportion of openings {windows and doors), rhythm of solids to voids on fronf facades, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of front elevation. The fallowing criteria have not been met: (a) Height: The helghf of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings. {j) Scale of a Buildinp: The size of a building, the building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with the building size and building mass of historic sites, buildings, and structures within a historic dlsfricf.. The Secretary of the Interior's Standards for Rehabilitation recommend #hat: Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (Standard #3) New additions, exterior alterations, or related new construction shalt not destroy historic materials that characterize the property. The new work shall be differentiated from the old and ~r~ s 3~8 N 15f Avenue. 2000-17C :~ H1~8 1l~ieeting August 2; 2006 shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. {Standard #9) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Standard #10) Delray Beach Historic Preservation Design Guidelines o Far buildings where additional height is allowed, stepping back the upper stories may help to minimize the difference as viewed from fhe sfreef. oAl! infill musf be compatible wifh the surrounding buildings and yet must be differentiated from the historic building stock. oThe heighf of any new building should be similar to those of other buildings along fhe sfreetscape. oThe new construction should be compafible with the widfh of fhe surrounding buildings. o The relationship of new construcfion adjacent to significant historic resources can either enhance or detract from the historic setting of the district. o The character of the massing should be compatible with the surrounding buildings. oRoof forms and pifch should be compafible with the surrounding buildings. The proposed mean height of the roof is 34` and the height to the ridge is approximately 37' fi". The property to the south is 2-story, to the north is a 1-story cottage and to the rear (west) are :mainly 1-story properties. The lots across NE 1Sf Avenue are currently empty but will be developed as 3-story townhomes. The third story has been set back approximately 35' 6" from the first and second story facade and this should limit the impact from NE 15t Avenue. However, there is concern that the third story will be overbearing to the adjacent properties, particularly the one-story structures to the north and rear {west). The roof pitch of the. third floor should be reduced, the overall roof height should be lowered and roof lights should be installed. The covered balcony area on the west elevation should be removed which would then step back the -third floor from the west elevation. This is noted as a condition of approval. The scale and mass of the building appear to be suitable on the front elevation as the third story is stepped back and there is a 2-story structure to the south. There is concern, however, over the increased massing of the third floor on the north, south and wes# elevations. This massing could be reduced by the above condition of approval. The structure will be constructed from Hardiplank siding and will have a 5-V crimp metal roof. Hardiplank siding is an appropriate material for this style of house as it has a similar appearance to wood siding but also identifies the structure as being of new construction. Metal roofs have been approved for similar style buildings in historic areas. The windows and balcony rails will be aluminum which will also identify this building as being of new construction. RE4UIRED FINDINGS Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. ~~~ ~ 338 i<IE 1~tAver~ue, 2006-17C 'F PB Meeting August 2. 2000 This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regula#ions. At its meeting of May 7, 2002, the City Commission made positive findings with respect to the Future Land Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of approval are addressed. However, the following is provided: Section 3.1.1 {A) -Future Land Use Maps The subject property has a FLUM (Future Land Use Map) designation of OMU {Other Mixed Use) and zoning designation of OSSHAD. The zoning districts are consis#ent with the Future Land Use Map designs#ions. Pursuant to LDR Section 4.4.24(A}{1 ), mixed use of residential, office and commercial activities is to provided with in the OSSHAD. Thus, positive findings can be made with respect to Future Land Use Map consistency. 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, and solid waste, provided that all outstanding items attached as conditions of approval are addressed. Section 3.1.1 C - Consistent Standards for Site Plan Actions As described in Appendix F3, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions provided, that all outstanding items attached as conditions of approval are addressed. Section 3.1.1. D - Com fiance With the Land Deveio ment Re ulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, provided that all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and paficies of the adapted Comprehensive Plan was conducted and the following applicable objectives ar policies were noted: Future Land Use Element ~b`ective A-1 -Property shat[ be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is a vacant lot and therefore, there are na special physical, historic, or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use development. The development will be complimentary with the surrounding mixed- use developments and residential properties while providing a customer base far area businesses on a year-round basis instead of seasonal, which provides economic stability far the area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states as follows: 1[3118 338 NE 15t Avenue, 20Q6-17C `F HPB Meeting August 2; 20(36 One of the most important objectives of the Cify's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of fhe 1989 Comprehensive Plan fhe downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibranf year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area. .The proposed development will help to fulfill this stated land use need, and is therefore consistent with this policy. Future Land Use Element Polic C-4.4. -The City supports the efforts to revitalize the Pineapple Grove Main Street (PGMS} area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. While the CRA is the lead support agency for the PGMS organization, the City will provide technical support and assistance #hrough the Planning & Zoning and Community Improvement Departments. .The Pineapple Grove Main Street Neighborhood Plan contains several design guidelines that address redevelopment efforts within this area. These items were previously discussed under the "Compliance with I_DRs" Section of this report. Trans ortation Element Polic D-2.2 -Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area, Bicycle parking has not been provided and has been added as a condition of approval. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. 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, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safe#y, habitability and stability of residential areas. If it is determined that a proposed development will resuf# in a degradation of any neighborhood, the project shall be modified accordingly or denied. The applicants are in the kitchen cabinet business and they stock their products in a warehouse outside the historic district. The commercial element of this proposal is for use as a small showroom where they will meet customers by appointment only, therefore, the traffic volume should be low. The project is located within an area that consists of the traditional road grid system. This system is conducive #o traffic distribution, wherein, automobiles have a diverse choice of options to navigating the downtown area. Motorists are able to navigate the local grid street system to avoid congestion in order to reach collector and arterial roads such as Pineapple Grove Way, NE 15` Street, NE 15Y Avenue, NE 2°d Street, Swinton Avenue, NE 4tn StreetlLake Ida Road, Atlantic Avenue, and Federal Highway. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by the additional traffic. Section 2.4.5 F 5 - Com atibili# Site Plan Findin s :The approving body mus# make a finding that development of the property pursuant to the site plan will be compatible and ~~E~s 3~8 ICE 1St Avenue, 2Q06-17~ =F HPB meeting August 2; 2ot76 harmonious with adjacen# and nearby properties and the City as a whole, so as not to cause substantial depreciation of proper#y values. The subject property is bordered to the north, south and west by the Old School Square Historic Arts District zoning district and to east by the CBD zoning district. The adjacent land uses include: to the north, south, and west single family residential and commercial uses. The lots to the east are currently vacant but will be developed as residential properties. The mixed-use development proposal will enhance the aesthetics of the subject property together with the neighborhood. The traffic volume will be low as customers will be seen by appointment only. The applicants will also live on the property, which is to be encouraged as the Old School Square Historic District needs residents due to the number of small houses that have been converted to business uses. REVII=W BY OTHERS Pineapple Grove Design Review Committee With reference to their letter of March 30, 2006, the Design Review Committee reviewed the proposal and recommended approval of the development proposal, subject to the condition that the decorative shutters be in direct proportion to the size of the windows. Community Redevelopment Aaency (CRA} At its meeting of April 13, the CRA reviewed the proposal and recommended approval. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray {PROD) ^ President's Council ASSESSMENT AND CONCLUSIC3N = ~ The proposed mixed-use portion of the development will further enhance this section of NE 1St Avenue and bring more residents to the Old School Square Historic District. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5{F)(5) regarding compatibility of the proposed development with surrounding properties. Positive .findings can be made with respect #o compliance with the Land Development Regulations provided the conditions of approval are addressed,. -- ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness and associated Class V site plan {2006- 17-SPI=), landscape plan, design elements, and waivers for the Waksmacki Building located at 338 NE 15t Avenue, Old School Square Historic Arts District, by adopting the findings of-fact and law contained in the staff report, and finding that the request, and 12118 338 NF ,iscAvenue, 2006-17C '~ €-~PB Meeting August 2; 2006 approval thereof, meets criteria set forth in Chapter 3, Section 2.4.5(F)(5) of the Land Development Regulations and Comprehensive Plan, subject to conditions of approval. C. Move denial of the Certificate of Appropriateness and associated Class V site plan (2006- 17-SPF), landscape plan, design elements, and waivers far the Waksmacki Building located at 338 NE 15t Avenue, Old School Square Historic Arts District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, does not meet criteria set forth in Chapter 3, Section 2.4.5{F}(5) of the Land Development Regulations and Comprehensive Plan. STAFF .RECOMMENDATION By Separate Motions: Waivers 1. Recommend approval to the City Commission the waiver request to LDR Section 4.4.24{G)(3), which requires that all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley, based on positive findings. 2. Recommend approval to the City Commission the waiver request to LDR Section 4.6.16{H){3)(d), which requires that a 5' landscaped barrier be provided between the off- street parking area or other vehicular use area and abutting properties, based on positive findings. Si#e Plan Move approval of the Certificate of Appropriateness and associated Class V site plan (2006- 170-SPF} for the Waksmacki Building located at 338 NE 1Sf Avenue, Old School Square Historic Arts 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 Chapter 3, Section 2.4.5(F){5) of the Land Development Regulations and Comprehensive -Plan, subject to the following conditions: 1. That the Board reduce the number of required parking spaces from 7 to 6. 2. That the details of any proposed signage are be submitted. 3. That a paver brick sidewalk and spun concrete lighting are provided on NE 1St Avenue and the details are noted on the plans. 4. That, where feasible, ail overhead utility lines (including the alley) are placed under ground. 5. That the City Commission accept a 2' (two foot) dedication from the alley and a 5' (five foot) dedication from NE 1St Avenue from the subject property prior to site plan certification. 6. That all Site Plan Technical items are addressed and three (3) copies of the revised plans are submitted. 7. That a bicycle rack is provided. 9 313 8 338IV t~`Avenue, 2006-~7C 'F HPS Nleetir~g August 2; 2006 8. That notification is received from the Palm Beach County Traffic Division that the proposed development meets traffic concurrency. Landscape Plan Approve the Certificate of Appropriateness and associated Landscape Plan {2006-170-SPF) for the Waksmacki Building located at 338 NE 1St Avenue, Old School Square Historic Arts District, based on positive findings with respect to LDR Section 4.6.16, subject to the following Landscape Technical Items: That a landscaped barrier 5' in width is provided between the off-street parking area or other vehicular use area and abutting properties. This space has not been provided on both sides of the parking row adjacent to the alley or the circular driveway in front but is subject to a waiver request. Design Elements Approve the Certificate of Appropriateness and associated design. elements (2006-170-SPF} for the Waksmacki Building located at 338 NE 15t Avenue, Old School Square Historic Arts Dis#rict, based on positive findings with respect to LDR Section 4.6.18, subject to the following conditions: 1. That the roof pitch on the third floor is reduced, the overall roof height is lowered and roof fights are instaped. 2. That the covered balcony area on the west elevation is removed to provide a step back to the third floor from the west elevation. Report prepared by: Warren Adams Attachments:. Appendix A, Appendix B, Survey, Site Plan, Architectural Elevations, Landscape Plan 14118 338 NE 1st Avenue, 2006-170-SPF Appendix A, Page 1 APPENDIX A CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B} Concurrency as defined pursuant to Ob}ective B-2 of the Land Use Element of the Comprehensive Plan must be met and a de#ermina#ion made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: With respect to water and sewer service, the following is noted: - Water service will be available to the site via lateral connection to a proposed main along the in#erior of the property from an existing main along NE 1St Avenue when all outstanding items attached as conditions of approval are addressed. Sewer service exists to the site via an 8" sewer main located within the alley. - The location of existing fire hydrants are noted on the engineering plans. 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 these levels of service standards. Streets and Traffic: The applicant submitted a traffic statement that indicates that the mixed use development will generate a net of 43 average fatal daily (AM and PM) trips onto the surrounding streets. Notification has not yet beery received from the Palm Beach County Traffic Division that the proposed development meets traffic Concurrency. A condition of approval is that this notification is received. The subject property is located within the Coastal Exception Areas of Palm Beach County and therefore meets the Traffic Performance Standards of Palm Beach County with respect to the residential units. The subject property is also located within the City's TCEA (Traffic Concurrency Exception Area), which encompasses the CBD, CBD-RC, grid OSSHAD zoning districts, as well as the West Atlantic Avenue corridor. The TCEA was established in December, 1995 to aid in the revitalization of downtown, with a purpose of reducing the adverse impacts of transportation Concurrency requirements on urban infill development and redevelopment. These revitalization efforts are achieved by exempting development within the TCEA from the requirements of traffic Concurrency. A positive finding can be made with respect to traffic Concurrency. Parks and Recreation Facilities: The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City wi!! 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 an the City's recreational fiacilities. 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; the fee will be $500.00, as only one dwelling unit is proposed. 338 NE 15t Avenue, 2006-170-SPF Appendix A, Page 2 Solid Waste: Trash generated each year by the single family residence and the 2,350 square feet of commercial space is 8.10 tans. Per the Solid Waste Authority, the trash generated by this proposal can be accommodated by existing facilities. Therefore, a positive finding with respect to this level of service standard can be made. ©rainage• Preliminary drainage plans were submitted which indicate that drainage will be accommodated provided that all outstanding items attached as conditions of approval are addressed. School Concurrence: The School District of Palm Beach County has approved the Concurrency Application. Therefore, a positive finding with respect to this level of service standard can be made. 16J18 338 NE 1St Avenue, 2006-170-SPF Appendix B, Page 1 APPENDIX B STANDARDS >=0R S[TE PLAN ACTIONS A. Building design, landscaping, and lighting {glare} shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element, Not applicable Meets intent of standard Does not meet intent Will be met once a bicycle rack is provided in the plans. C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If i# is determined that the widening or modification will be detrimen#al and result in a degradation of the neighborhood, the project shall not be permitted. Nat applicable Meets intent of standard X Does nat meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent 1=. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Daes not meet intent 33$ NE 15t Avenue, 2x06-17Q-SPF Appendix B, Page 2 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shalt continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identi#ied in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Nat applicable Meets intent of standard X Does not meet intent H. The City shalt 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 wilt result in a degrada#ion of any neighborhood, the project shall be modified accordingly or denied. Nat applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shat! be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent '[ 8l'f 8 MEMORANDUM TO: Mayor and City Commissioners FROM: Rebecca S. O'Connor, Treasurer THROUGH: Joseph M. Safford, Director of Finance DATE: September 8, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 RESOLUTION N0.47-08/TD BANK/OLD SCHOOL SQUARE PARKING GARAGE PROJECT ITEM BEFORE COMMISSION Approve Resolution # 47-08 authorizing TD Bank (formerly know as Commerce Bank) as the provider of a $3,000,000 Taxable Line of Credit. BACKGROUND The Finance Department has analyzed bids received relative to a $3,000,000 Variable Taxable Line of Credit agreement that shall be executed for the purpose of refunding the City for upfronting a portion of the cost of construction of the Old School Square Parking Garage Project. The City received the following bids: Financial Institution TD Bank Bank of America SunTrust Bank CNL Bank (submitted after deadline) Rate Terms Current Rate 30 Day Libor* 3.435% + .625%/monthly reset 30 Day Libor` + 4.060% 1.250%/daily reset 30 Day Libor` + L780%/6 mos. reset 4.59% Opt.l: 6 month Libor* + 2.5% Option l: 5.59% Option 2: fixed rate Option 2: 6.59% Misc. Fees -0- 4,500 3,000 10,000 `Libor (London Interbank Offered Rate) is a common rate index used in the field of finance. The agreement will allow for pre-payment at any time without penalty. The Line of Credit will be reimbursed with proceeds from the sale of retail portion of the parking structure. RECOMMENDATION The Finance Department recommends Resolution No. 47-08 which authorizes TD Bank, the low bidder, as the provider of a $3,000,000 Taxable Line of Credit. TD Bank bid a variable rate of the 30-day Libor plus .625% (adjusted every 30-days) for a five (5) year term. RESOLUTION NO. 47-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE IMPROVEMENT BONDS, SERIES 2008 (TAXABLE), OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE PURPOSE OF FINANCING A PORTION OF THE CITY'S OLD SCHOOL SQUARE PARKING GARAGE PROJECT, INCLUDING WITHOUT LIMITATION REIMBURSEMENT FOR LAND ACQUISITION AND CONSTRUCTION COSTS AND ALL INCIDENTAL AND NECESSARY COSTS RELATING THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO TD BANK, N.A.; PROVIDING FOR THE TERMS AND PAYMENT OF SAID REVENUE IMPROVEMENT BONDS, SERIES 2008 (TAXABLE) AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID REVENUE IMPROVEMENT BONDS, SERIES 2008 (TAXABLE); APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT WITH TD BANK, N.A.; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID REVENUE IMPROVEMENT BONDS, SERIES 2008 (TAXABLE); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida (the "City Commission"), hereby determines that it is in the best interest of the City of Delray Beach, Florida (the "City"), to finance certain costs relating to the acquisition and construction of the City's Old School Square Parking Garage Project, as further described on Exhibit C attached hereto, together with all incidental and necessary costs relating thereto (the "2008 Project"); and WHEREAS, on December 14, 1999, the City Commission did adopt Resolution No. 76-99 (the "Bond Resolution") authorizing the issuance, from time to time, of revenue bonds (the "Bonds") to financial capital projects in the City; and WHEREAS, any capitalized term used in this Resolution and not otherwise defined, shall have the meaning ascribed to such term in the Bond Resolution; and WHEREAS, pursuant to the Bond Resolution, each series of Bonds issued thereunder shall be payable from the City's covenant contained in the Bond Resolution to budget and appropriate in each Fiscal Year, by budget amendment if necessary, Non-Ad Valorem Revenues and deposit the same in the Debt Service Fund created and established under the Bond Resolution (herein, the "City's Covenant"); and WHEREAS, pursuant to the terms and provisions of the Bond Resolution and this Resolution, the City shall issue a series of Bonds known as "City of Delray Beach, Florida Revenue Improvement Bonds, Series 2008 (Taxable)" (herein, the "2008 Bonds") to finance the costs of the 2008 Project, including the costs of issuing such 2008 Bonds; and WHEREAS, the principal amount of the 2008 Bonds authorized under this Resolution shall not exceed $3,000,000; and solution No. 47-08381.891.667v6/WPB/016787.012100 WHEREAS, the 2008 Bonds shall be secured by a pledge of and lien on the Pledged Revenues; and WHEREAS, City staff has previously solicited bids from qualified lending institutions to provide aclosed-end line of credit as the vehicle by which the 2008 Bonds are to be issued and the 2008 Project is to be financed; and WHEREAS, City staff has determined and the City Commission hereby concurs that TD Bank, N.A., a national banking association organized under the laws of the United States with its designated office in Fort Lauderdale, Florida (herein, the "Bank") has provided the best overall bid to the City; and WHEREAS, the City Commission hereby finds that in light of present market conditions, the aforementioned bid provided by the Bank, the necessity for the funds in calendar year 2008 and calendar year 2009 and other factors described herein, it would be in the best interest of the City to sell the 2008 Bonds to the Bank on a negotiated basis pursuant to the terms and provisions of the Bond Resolution, this Resolution and that certain Bond Purchase Agreement dated the date of delivery of the initial issuance of the 2008 Bonds (herein, the "Agreement") by and between the City and the Bank in substantially the form attached hereto as Exhibit A; and WHEREAS, it is intended that interest on the 2008 Bonds will be includable in the gross income of the Bank for federal income tax purposes. NOW, THEREFORE, be it resolved by the City Commission of the City of Delray Beach, Florida, as follows: ARTICLE I STATUTORY AUTHORITY; FINDINGS AND DEFINITIONS Section 1.1 AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Charter of the City of Delray Beach, Florida, as amended and supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as amended and supplemented and other applicable provisions of law (collectively, the "Act") and the authority provided for in the Bond Resolution. Section 1.2 FINDINGS. It is hereby ascertained, determined and declared: (a) That the City hereby authorizes that the 2008 Project be financed from a portion of the proceeds derived from the 2008 Bonds issued pursuant to this Resolution, together with all incidental and necessary costs and expenses associated therewith, as more fully set forth in Section 1.2(d) hereof. (b) That the City Commission has previously determined it to be necessary and in the best economic interest of the City to acquire, construct and implement the Old School Square Parking Garage Project in order to provide public parking and promote commerce in the East Atlantic Avenue corridor. (c) That the 2008 Project will serve a valid municipal purpose. (d) That the cost of the 2008 Project shall be deemed to include, but not be limited to, the cost of acquisition, construction, improving, renovating and equipping a portion of Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 (e) That the principal of and interest on the 2008 Bonds shall be secured solely by the Pledged Revenues in the manner provided herein, provided that the Owner of the 2008 Bonds shall have no lien on any Non-Ad Valorem Revenues until deposited into the Debt Service Fund. The ad valorem taxing power of the City will never be necessary or authorized to pay the principal of and interest on the 2008 Bonds and the 2008 Bonds issued pursuant to this Resolution shall not constitute a lien upon any other property whatsoever of or in the City. (f) That the City, having previously solicited bids for the sale of the 2008 Bonds, has determined that the best qualified bid for the 2008 Bonds was delivered by the Bank. (g) That the negotiated sale of the 2008 Bonds to the Bank is in the best interest of the City by reason of the nature of and schedule for the completion of the 2008 Project, the ability to receive advances of the proceeds of the 2008 Bonds when needed for the construction of the 2008 Project and present market conditions. (h) That the Agreement, in the form attached hereto as Exhibit A, is hereby approved, with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof and the Mayor (or in his absence, the Vice Mayor) and City Clerk are hereby authorized to execute the same on behalf of the City. (i) That pursuant to the provisions of the Bond Resolution and this Resolution, the City may issue obligations in the future secured by Pledged Revenues. (j) That any capitalized term not otherwise defined herein, shall have the meaning ascribed to such term in the Bond Resolution. Section 1.3 DEFINITIONS. That, in addition to terms defined elsewhere in this Resolution, the following terms shall have the following meanings unless the context otherwise clearly requires: "Bond Counsel" shall mean Greenberg Traurig, P.A. or any other firm of nationally recognized bond counsel selected by the City and acceptable to the Bank. "Bond Resolution" shall mean Resolution No. 76-99, adopted by the City Commission on December 14, 1999. "Business Day" shall mean any day other than a Saturday or Sunday, or a day on which the Bank or London banks are closed. "City" shall mean the City of Delray Beach, Florida, a municipal corporation in the County of Palm Beach, State of Florida and its successors and assigns. 3 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 "City Commission" shall mean the duly constituted governing body of the City. "Closing Date" shall mean the date the City issues the authorized principal amount of the 2008 Bonds. "Default Rate" shall mean three hundred basis points above the actual Interest Rate in effect immediately prior to any default by the City under this Resolution. "Interest Rate" shall mean with respect to the 2008 Bonds, unless the 2008 Bonds bear interest at the Default Rate, a variable rate of interest on the 2008 Bonds which shall be equal to 62.5 basis points above LIBOR. The Interest Rate shall be calculated on the basis of a 360 day year of twelve thirty-day months and shall be recalculated by the Bank on the first business day of each month. "LIBOR" shall mean the rate of interest (rounded upwards if necessary to the next 100tH of one percent) equal to the British Bankers Association LIBOR ("BBA LIBOR") as published by Bloomberg (or such other commercially available source providing quotations of BBA LIBOR as designated by the Bank from time to time) at approximately 11:00 A.M. (London time) 2 Business Days prior to the first day of such LIBOR Interest Period for a term comparable to such LIBOR Interest Period; provided however, if more than one BBA LIBOR is specified, the applicable rate shall be the arithmetic mean of all such rates. If, for any reason, such rate is not available, the term LIBOR shall mean the rate of interest per annum (rounded upwards, if necessary, to the nearest 1/100 of 1%) determined by the Bank to be the average rates per annum at which deposits in dollars are offered for such LIBOR Interest Period to major banks in the London Interbank Market in London, England at approximately 11:00 A.M. (London time) two Business Days prior to the first day of such LIBOR Interest Period for a term comparable to such LIBOR Interest Period. The effective interest rate applicable to the 2008 Bonds shall change at the end of each Interest Period. LIBOR Interest Period means initially, a period of one month; provided however, (i) if any LIBOR Interest Period would end on a day which is not a Business Day, such LIBOR Interest Period shall be extended to the next succeeding Business Day (except that where the next succeeding Business Day falls in the next succeeding calendar month, then on the next preceding Business Day), (ii) no LIBOR Interest Period shall extend beyond the Maturity Date and (iii) any LIBOR Interest Period with respect to the 2008 Bonds that begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such LIBOR Interest Period) shall end on the last Business Day of the relevant calendar month at the end of such LIBOR Interest Period. "Maturity Date" shall mean, with respect to the unpaid principal of and interest on the 2008 Bonds, June 1, 2013. "Owner," "Bondholder" or "registered holder" or any similar term shall mean the Bank or, subject to the provisions of Section 2.4 hereof, any successor registered holder of the 2008 Bonds; provided no Bondholder may be the registered owner of less than $1,000,000 in the aggregate principal amount of the 2008 Bonds. "Paying Agent" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceeding, any bank or trust company and any successor bank or trust company appointed by the City to act as Paying Agent hereunder. 4 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 "Payment Date" shall mean, with respect to interest on the 2008 Bonds, each June 1 and December 1, commencing December 1, 2008 and with respect to principal on the 2008 Bonds, the Maturity Date and on any other date the principal of the 2008 Bonds is optionally prepaid in whole or in part, provided that if such date is not a Business Day, the payment shall be made on the next succeeding Business Day. "Pledged Revenues" shall mean (a) with respect to interest on the 2008 Bonds, (i) the Non-Ad Valorem Revenues deposited in the Debt Service Fund created and established under the Bond Resolution, (ii) investment income received from the investment of moneys in the Debt Service Fund and accounts established thereunder and (iii) any other moneys deposited in the Debt Service Fund or received by the Paying Agent in connection with the payment of interest on the 2008 Bonds; (b) with respect to the payment of the principal of the 2008 Bonds on the Maturity Date, or earlier prepayment date (i) the Non-Ad Valorem Revenue deposited in the Debt Service Fund pursuant to the City's Covenant and (ii) any other moneys deposited in the Debt Service Fund or received by the Paying Agent in connection with the repayment of the 2008 Bonds. "Registrar" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceeding, any bank or trust company and any successor bank or trust company appointed by the City to act as Registrar hereunder. "Resolution" shall mean this Resolution as the same may from time to time be amended and supplemented in accordance with the terms hereof. "2008 Bonds" shall mean the not to exceed $3,000,000 aggregate principal amount of Revenue Improvement Bonds, Series 2008 (Taxable), authorized by the Bond Resolution and this Resolution Words importing singular number shall include the plural number and vice versa, as the case may be and words importing persons shall include firms and corporations. Section 1.4 RESOLUTION AND BOND RESOLUTION CONSTITUTE CONTRACT. In consideration of the acceptance of the 2008 Bonds authorized to be issued hereunder by those who shall own the same from time to time, this Resolution and the Bond Resolution shall be deemed to be and shall constitute a contract between the City and the Bondholders and the covenants and agreements herein and therein set forth to be performed by said City shall be for the benefit, protection and security of the Bondholders. ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF 2008 BONDS Section 2.1 AUTHORIZATION OF 2008 BONDS. Subject and pursuant to the provisions of this Resolution and the Bond Resolution, obligations of the City of Delray Beach, Florida, to be known as "Revenue Improvement Bonds, Series 2008 (Taxable)" are hereby authorized to be issued in the aggregate principal amount of not exceeding Three Million Dollars ($3,000,000) for the purpose of financing the costs of the 2008 Project. Section 2.2 DESCRIPTION OF 2008 BONDS. Notwithstanding the form of Bonds set forth in the Bond Resolution, the text of the 2008 Bonds shall be substantially in the form attached hereto as Exhibit B with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof. 5 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 The 2008 Bonds (initially issued in one (1) typewritten certificate) shall be dated the date of initial issuance of such 2008 Bonds. The 2008 Bonds shall be issued in registered form. Unless the interest rate on the 2008 Bonds is adjusted in accordance with Section 3.7 hereof, the 2008 Bonds shall bear interest on the outstanding principal amount of the 2008 Bonds at the Interest Rate and shall be payable on each Payment Date, commencing December 1, 2008. Unless all or a portion of the 2008 Bonds is optionally prepaid in accordance with the terms of this Resolution, the outstanding principal of the 2008 Bonds shall be payable on the Maturity Date. The 2008 Bonds shall be issued in a not to exceed principal amount of $3,000,000, but the actual principal amount of the 2008 Bonds outstanding will be determined by the amount of proceeds advanced by the Bank to the City on the Closing Date. Principal and interest on the 2008 Bonds shall be payable at the office of the Paying Agent (the designated corporate trust office of the Paying Agent if the City's Finance Department is not the Paying Agent). The 2008 Bonds shall be numbered in such manner as may be prescribed by the Registrar. The 2008 Bonds shall be payable, with respect to interest and principal, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Subject to the next succeeding paragraphs, the City may prepay the 2008 Bonds in whole or in part, at any time or from time to time, without penalty or premium, by paying to the registered holder all or part of the principal amount of the 2008 Bonds, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Each prepayment shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the registered owner not less than two (2) Business Days prior thereto. Notice having been given as aforesaid, the principal amount stated in such notice or the whole thereof, as the case may be, shall become due and payable on the prepayment date stated in such notice; and the amount of principal shall be paid (i) in case the entire unpaid balance of the principal of the 2008 Bonds is to be paid, upon presentation and surrender of the 2008 Bonds to the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) and (ii) in case only part of the unpaid balance of principal of the 2008 Bonds is to be paid, upon presentation of such 2008 Bonds at the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the amount of principal then paid or for issuance of a replacement 2008 Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all of the 2008 Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the principal, together with unpaid interest accrued thereon, without surrender of the 2008 Bonds. If, on the prepayment date, funds for the payment of the principal amount to be prepaid, together with unpaid interest accrued thereon, shall not have been provided to the Paying Agent, as above provided, the principal amount of the 2008 Bonds shall continue to be outstanding and to bear interest until payment thereof at the Interest Rate. Notwithstanding the provisions of clause (i) or (ii) above, if all of the 2008 Bonds are registered in the name of the Bank, payments shall be effected by payment to the Bank of the principal and interest then due without surrender of the 2008 Bond so paid; such payment to be evidenced by the records of the City and the Bank and such records shall be conclusive and binding upon the City and the Owner absent manifest error. 6 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 Upon a prepayment in whole, the City understands that the Bank will promptly thereafter surrender the 2008 Bonds to the City marked "satisfied" or "paid in full." If, on the prepayment date, funds for the payment of the principal amount to be prepaid, together with interest to the prepayment date on such principal amount, shall have been provided to the Owner, as above provided, then from and after the prepayment date interest on such principal amount of the 2008 Bonds which are prepaid shall cease to accrue. If said funds shall not have been so paid on the prepayment date, the principal amount of such 2008 Bonds shall continue to bear interest until payment thereof at the applicable Interest Rate. Any partial prepayment shall not postpone the due dates of, or relieve the amounts of, any payments of interest due hereunder on the unpaid principal of the 2008 Bonds. Once the City prepays a principal amount of the 2008 Bonds, the Bank shall have no obligation to repurchase such amount if the City shall subsequently issue a like amount. Section 2.3 EXECUTION OF THE 2008 BONDS. The 2008 Bonds shall be executed in the name of the City by the signature of the Mayor or Vice Mayor of the City and its official seal shall be affixed thereto or imprinted or reproduced thereon and attested by the City Clerk. The signatures of the Mayor or Vice Mayor of the City and City Clerk on the 2008 Bonds may be manual or facsimile signatures. In case any one or more of the officers who shall have signed or sealed the 2008 Bonds shall cease to be such officer of the City before the 2008 Bonds so signed and sealed shall have been actually sold and delivered, such 2008 Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such 2008 Bonds had not ceased to hold such office. The 2008 Bonds may be signed and sealed on behalf of the City by such person who at the actual time of the execution of the 2008 Bonds shall hold the proper office, although at the date the 2008 Bonds shall be actually delivered such person may not have held such office or may not have been so authorized. The 2008 Bonds shall bear thereon a certificate of authentication, in the form set forth on Exhibit B attached hereto, executed manually by the Registrar (when the City's Finance Department shall act as Registrar, the certificate of authentication shall be manually executed by the City's Finance Director). Only the 2008 Bonds as shall bear thereon such certificate of authentication shall be entitled to any right or benefit under this Resolution and no 2008 Bonds shall be valid or obligatory for any purpose until such certificate of authentication shall have been duly executed by the Registrar. The certificate of authentication of the Registrar upon the 2008 Bonds executed on behalf of the City shall be conclusive evidence that the 2008 Bonds so authenticated have been duly authenticated and delivered under this Resolution and that the Owner thereof is entitled to the benefits of this Resolution. Section 2.4 NEGOTIABILITY, REGISTRATION AND CANCELLATION. The Registrar shall keep books for the registration of the 2008 Bonds and for the registration of transfers of the 2008 Bonds. The 2008 Bonds shall be transferable at the option of the registered Owner thereof to an institutional holder, but subject to the prior written approval of the City's Director of Finance (which shall not be unreasonably withheld if the intended transferee provides a suitability letter addressed to the City as to the sophistication of the investor) unless such institutional holder is a bank or trust company, or unless such institutional holder, which is not a bank or trust company, certifies in writing to the City prior to the transfer that it is an accredited investor within the meaning of Rule 501 of the Securities Act of 1933, as amended and supplemented, in which case such approval shall not be required and upon surrender thereof at the office of the Registrar (the designated corporate trust office of the Registrar if the City's Finance Department is not the Registrar) with a written instrument of transfer satisfactory Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 to the Registrar duly executed by the registered Owner or his duly authorized attorney. Upon the transfer of such 2008 Bond, the City shall issue in the name of the transferee a new 2008 Bond. The City, the Paying Agent and the Registrar shall deem and treat the person in whose name the 2008 Bonds shall be registered upon the books kept by the Registrar as the absolute Owner of such 2008 Bonds, whether such 2008 Bonds shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such 2008 Bonds as the same become due and for all other purposes. All such payments so made to any such Owner or upon his/her order shall be valid and effectual to satisfy and discharge the liability upon such 2008 Bonds to the extent of the sum or sums so paid and neither the City, the Paying Agent nor the Registrar shall be affected by any notice to the contrary. In all cases in which the privilege of transferring the 2008 Bonds is exercised, the City shall execute and the Registrar shall authenticate and deliver the 2008 Bonds in accordance with the provisions of this Resolution. The 2008 Bonds surrendered in any such transfers shall forthwith be delivered to the Registrar and canceled by the Registrar in the manner provided in this Section. The City or the Registrar (if not the City's Finance Department) may require the payment of a sum sufficient to pay any tax, fee or other governmental charges required to be paid with respect to such transfer. The 2008 Bonds paid or redeemed, in whole, either at or before maturity, shall be delivered to the Registrar within a reasonable period of time after the payment or redemption is made and such 2008 Bonds shall thereupon be canceled upon written acknowledgement from the Owner that the 2008 Bonds have been paid in whole. The 2008 Bonds so canceled may at any time be destroyed by the Registrar, who shall execute a certificate of destruction in duplicate by the signature of one of its authorized officers describing the 2008 Bonds and one executed certificate shall be filed with the City and the other executed certificate shall be retained by the Registrar (if not the City's Finance Department). Section 2.5 MUTILATED, DESTROYED, STOLEN OR LOST 2008 BONDS. In case any 2008 Bond shall become mutilated, destroyed, stolen or lost, the City shall execute and the Registrar shall authenticate and deliver a new 2008 Bond of like date, maturity and denomination as the 2008 Bond so mutilated, destroyed, stolen or lost; provided that, in the case of any mutilated 2008 Bond, such mutilated 2008 Bond shall first be surrendered to the City and, in the case of any lost, stolen or destroyed 2008 Bond, there shall first be furnished to the City and the Registrar (if not the City's Finance Department) evidence of such loss, theft, or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the event the 2008 Bonds shall be about to mature or have matured, instead of issuing a duplicate 2008 Bond, the City may pay the same without surrender thereof. The City and the Registrar (if not the City's Finance Department) may charge the Owner of such 2008 Bond their reasonable fees and expenses in connection with this transaction. Any 2008 Bonds surrendered for replacement shall be canceled in the same manner as provided in Section 2.4 hereof. Any such duplicate 2008 Bond issued pursuant to this Section shall constitute additional contractual obligations on the part of the City, whether or not the lost, stolen or destroyed 2008 Bond be at any time found by anyone and such duplicate 2008 Bonds shall be entitled to equal proportionate benefits and rights as to lien on the source and security for payment from Pledged Revenues with the 2008 Bond issued hereunder. 8 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 Section 2.6 CONDITIONS FOR ISSUANCE OF THE 2008 BONDS. Prior to the issuance of the 2008 Bonds, the City shall comply with the following conditions: (a) On the Closing Date, deliver to the Bank an opinion of Bond Counsel, satisfactory to the Bank, regarding the due authorization, execution, delivery, validity and enforceability of the 2008 Bonds and the Agreement and the due adoption of this Resolution and the Bond Resolution (enforceability of such instruments may be subject to standard bankruptcy exceptions and the like); and (b) Deliver to the Bank one or more certificates of the City in form satisfactory to the Bank certifying, among other things, that the City is in compliance with the terms of the Bond Resolution. Section 2.7 INCORPORATION OF TERMS OF BOND RESOLUTION; EXCEPTION Unless otherwise provided in this Resolution, the terms and provisions of the Bond Resolution applicable to the 2008 Bonds are incorporated herein by reference and such terms shall have the same effect as if expressly stated herein. ARTICLE III COVENANTS, FUNDS AND APPLICATION THEREOF Section 3.1 2008 BONDS NOT TO BE INDEBTEDNESS OF THE CITY. The 2008 Bonds shall not be or constitute an indebtedness of the City within the meaning of any constitutional, statutory or other limitation of indebtedness, but shall be secured and payable solely by the Pledged Revenues. No Bondholder shall ever have the right to compel the exercise of the ad valorem taxing power of the City, or taxation in any form of any real property therein, to pay said 2008 Bonds or the interest thereon. The pledge of the Pledged Revenues will not constitute a lien upon any property of the City including any Non-Ad Valorem Revenues which have not been deposited into the Debt Service Fund. Section 3.2 2008 BONDS. The lien of the 2008 Bonds on the Pledged Revenues constituting the Non-Ad Valorem Revenues deposited in the Debt Service Fund shall be on parity with any of the Bonds issued pursuant to the requirements of the Bond Resolution. Section 3.3 2008 BONDS SECURED BY PLEDGE OF PLEDGED REVENUES. From and after the issuance of the 2008 Bonds and continuing until the payment of all 2008 Bonds as to principal and interest, the Pledged Revenues shall continue to be pledged for the prompt payment of principal of and interest on said 2008 Bonds. Section 3.4 COVENANTS OF THE CITY. As long as any of the principal of or interest on the 2008 Bonds shall be outstanding and unpaid, or until there shall have been set apart in the Debt Service Fund in accordance with Section 4.H of Article III of the Bond Resolution a sum sufficient to pay, when due, the entire principal of the 2008 Bonds remaining unpaid, together with interest accrued and to accrue thereon, the City covenants with the Bondholders as follows: (a) Debt Service Fund. The Debt Service Fund created and established under the Bond Resolution shall constitute a trust fund for the benefit of the Bondholders and shall be held by the City and shall be kept separate and distinct from all other funds of the City and shall be used only for the purpose and in the manner provided in this Resolution. Notwithstanding the provisions of the next preceding sentence, the City may deposit the 9 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 Any excess amounts remaining in the Debt Service Fund constituting Non-Ad Valorem Revenues after payment has been made on the 2008 Bonds on any Payment Date, may be withdrawn and deposited at the direction of the City to be used for any lawful municipal purpose. Moneys on deposit in the Debt Service Fund may be invested in Permitted Investments as authorized pursuant to the Bond Resolution, provided such investments mature not later than the next succeeding Payment Date. All income and earnings received from the investment and reinvestment of the moneys on deposit in the Debt Service Fund shall remain on deposit in the Debt Service Fund and be used in the same manner as other moneys on deposit therein. (b) Non-Ad Valorem Revenues. The City will not repeal, amend or modify any resolution or ordinance or take any action within its power to take relating to the imposition and collection of Non-Ad Valorem Revenues in any manner so as to impair or adversely affect in any manner the availability of such Non-Ad Valorem Revenues to pay debt service on the 2008 Bonds in the manner provided herein. (c) Budget and Other Financial Information. The City shall demonstrate in each annual budget that there are sufficient Non-Ad Valorem Revenues to pay the interest on the 2008 Bonds coming due in such Fiscal Year and sufficient Non-Ad Valorem Revenues to pay the Outstanding principal in the Fiscal Year the Maturity Date occurs and to meet the City's other obligations hereunder and under the Bond Resolution. The City shall provide the Bank with a copy of its annual budget within thirty (30) days of adoption, a copy of its Comprehensive Annual Financial Report, within two hundred and seventy (270) days after the end of the City's Fiscal Year and, upon the request of the Bank, such other financial information regarding the City as the Bank may reasonably request. (d) Compliance with Bond Resolution. The City shall comply with the terms of the Bond Resolution and shall not amend or supplement the Bond Resolution in any way that would have a materially adverse effect on the Bondholders. (e) No Margin Loan. No portion of any of the 2008 Bonds is to be used for (i) the purpose of purchasing or carrying any "margin security" or "margin stock" as such terms are used in Regulations U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R. 221 and 224 or (ii) primarily personal, family or household purposes. (f) Late Charges. If any payment due the Bank is more than fifteen (15) days overdue, a late charge of five percent (5%) of the overdue payment shall be payable by the City to the Bank. Section 3.5 REMEDIES OF BONDHOLDERS. Subject to the equal rights of any registered owner of Bonds issued pursuant to the provisions of the Bond Resolution, should the City default in any obligation created by this Resolution, the Bondholders may, in addition to any 10 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 remedy set forth in this Resolution, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted and contained in this Resolution and the Bond Resolution and may enforce and compel the performance of all duties required by this Resolution and the Bond Resolution or by any applicable statutes to be performed by the City or by any officer thereof. The City hereby agrees with the Bondholders that the filing of any bankruptcy or insolvency under any federal or state law by or against the City which is not dismissed with prejudice within thirty (30) days of such filing shall give the Bondholders the right to exercise any of the remedies provided to them under this Section 3.5 and Section 4.G of Article III of the Bond Resolution. Notwithstanding anything in this Section 3.5 to the contrary the Bondholders' right to exercise any remedy permitted hereunder shall be consistent with the rights afforded all registered owners of Bonds issued pursuant to the provisions of the Bond Resolution. Section 3.6 APPLICATION OF 2008 BOND PROCEEDS. The proceeds of the 2008 Bonds received by the City from the Bank shall be used to finance the costs of the 2008 Project. Section 3.7 ADJUSTMENTS TO INTEREST RATE. Upon any default by the City under this Resolution, the interest rate on the 2008 Bonds shall be converted to the Default Rate. Notwithstanding any of the foregoing, it is the intention of the Bank (and any subsequent Owner of any of the 2008 Bonds) and the City that the interest rate on the 2008 Bonds never exceed the maximum rate permitted by law (the "Maximum Rate"). In the event any adjustment provided for in this Section 3.7 with respect to the 2008 Bonds would produce an interest rate on the 2008 Bonds in excess of the Maximum Rate, the Owner shall not be entitled to receive interest in excess of the Maximum Rate (herein, such amount is referred to as "Excess Interest"). At any time thereafter, if the 2008 Bonds shall bear interest at an Interest Rate, which is less than the Maximum Rate, the City shall also pay to the Owner the unpaid Excess Interest until the earlier of (i) the Maturity Date, (ii) the date all of the Excess Interest has been paid, or (iii) any date the combination of the Interest Rate on the 2008 Bonds, plus the Excess Interest, would exceed the Maximum Rate. ARTICLE IV MISCELLANEOUS PROVISIONS Section 4.1 MODIFICATION OR AMENDMENT. No modification or amendment of this Resolution or of any resolution amendatory thereof or supplemental thereto, may be made without the consent in writing of all of the Bondholders. Section 4.2 ADDITIONAL AUTHORIZATION. The Mayor, the Vice-Mayor, the City Manager, the Finance Director, the Treasurer and any other proper official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. Section 4.3 SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the 11 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions of this Resolution or of the 2008 Bonds issued hereunder. Section 4.4 REPEALER. All resolutions and orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall take effect upon its passage in the manner provided by law. In the event of a conflict between the provisions of this Resolution and the Bond Resolution, the provisions of this Resolution shall control. Section 4.5 EFFECTIVE DATE. This Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED in regular session on this 16t" day of September, 2008. THE CITY OF DELRAY BEACH, FLORIDA ATTEST: By: City Clerk The foregoing resolution is hereby approved by me as to form this 16t" day of September, 2008. By: City Attorney By: Mayor 12 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 EXHIBIT A BOND PURCHASE AGREEMENT THIS BOND PURCHASE AGREEMENT (the "Agreement") dated [September] _, 2008, by and between TD Bank, N.A., a national banking association organized under the laws of the United States (herein the "Bank") and the City of Delray Beach, Florida, a municipal corporation of the State of Florida (together with its successors and assigns, the "City"). WITNESSETH: WHEREAS, pursuant to the Act, as such term is defined in Resolution No. 76-99, as supplemented by Resolution No. 47-08 (collectively, the "Resolution"), adopted by the City Commission of the City on December 14, 1999 and September 16, 2008, respectively, the City authorized the issuance of $3,000,000 in aggregate principal amount of City of Delray Beach, Florida Revenue Improvement Bonds, Series 2008 (Taxable) (the "Bonds"); and WHEREAS, any capitalized term used in this Agreement and not otherwise defined shall have the meaning ascribed to such term in the Resolution; and WHEREAS, the Bank has reviewed the Resolution and hereby finds the terms acceptable; and WHEREAS, on this date, the City has, pursuant to provisions of the Act, the Resolution and this Agreement, agreed to issue and sell to the Bank and the Bank has, pursuant to the terms of this Agreement and the terms and provisions of the Resolution, agreed to purchase, all but not less than all, of the Bonds; and WHEREAS, on the date hereof, the Bank shall purchase the Bonds in the principal amount of $3,000,000; and WHEREAS, the City and the Bank have heretofore negotiated the terms of the Bonds and the Resolution and by execution of this Agreement each will have confirmed that such are acceptable. NOW THEREFORE, the City and the Bank hereby agree as follows: 1. Purchase and Sale. Upon the terms and conditions set forth herein and in the Bonds and the Resolution and upon the representations and warranties of the City set forth in the Resolution and other closing certificates, the City agrees to sell on this date the Bonds on a negotiated basis to the Bank and the Bank agrees on this date to purchase, with immediately available funds, the principal amount of the Bonds issued by the City. The purchase price for the Bonds shall be equal to the principal amount of the Bonds so issued by the City. Since the dated date of the Bonds is the date the Bonds are issued, there will be no accrued interest as part of the purchase price. 2. Private Placement Negotiated Sale. The Bank hereby acknowledges that the purchase of the Bonds from the City was on a negotiated private placement basis and that there has been no offering document prepared by the City in connection with such sale. A-1 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 3. Conditions for Purchase. The Bank's agreement to purchase the Bonds on this date is subject to the satisfaction of the conditions set forth in Section 2.6 of Resolution No. 47- 08. The Bank's purchase of the Bonds will constitute full evidence that such conditions have been satisfied or waived. 4. Section 218.385 Florida Statutes. On or before the purchase of the Bonds, the Bank has provided the City with the disclosure and truth-in-bonding statements required by and in accordance with, Section 218.385, Florida Statutes, as amended and supplemented. The above-referenced statements are attached to this Agreement as Schedule A. 5. Expenses. As between the City and the Bank, the Bank shall not be liable for any expenses incurred by the City in connection with the issuance of the Bonds. The Bank represents to the City that it has not employed or used the services of any attorney or other professional in connection with the Bank's negotiations with the City and its purchase of the Bonds other than Bryant Miller Olive, which fee, in the amount of $2,500 shall be paid by the Bank. 6. Trial by Jury Waived. The City and the Bank, for mutual consideration, each acknowledged to be received by the other party hereto, mutually and willingly waive the right to atrial by a jury in connection with any and all claims by any party hereto against the other arising from or in connection with the transactions contemplated by this Agreement or the Resolution. 7. Effectiveness. This Agreement shall become effective upon the execution by the appropriate officials of the City and the Bank. 8. Headings. The headings set forth in this Agreement are inserted for convenience only and shall not be deemed to be a part hereof. 9. Amendment. No modification, alteration or amendment to this Agreement shall be binding upon any party until such modification, alternation or amendment is reduced to writing and executed by all parties hereto. 10. Governing Law. The laws of the State of Florida shall govern this Agreement. 11. Counterparts. This Agreement may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto were signatories upon the same instrument. [Signature page follows] A-2 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 IN WITNESS WHEREOF, the City and the Bank has caused this Agreement to be executed by its respective duly authorized officers all as of the date hereof. TD BANK, N.A. By:_ Title: (SEAL) Date: September , 2008 CITY OF DELRAY BEACH, FLORIDA By:_ Title: Date: September , 2008 Resolution No. 47-08 A-3 381, 891, 667v6/WPB/016787.012100 EXHIBIT B FORM OF 2008 BOND THE INTEREST ON THIS BOND IS INCLUDABLE IN GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES No. R- $3,000,000 UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF DELRAY BEACH, FLORIDA REVENUE IMPROVEMENT BOND, SERIES 2008 (TAXABLE) Interest Rate Maturity Date Dated Date Variable June 1, 2013 September _, 2008 REGISTERED OWNER:-----------------------------TD BANK, N.A.--------------------------------------- PRINCIPAL AMOUNT:--------------THREE MILLION DOLLARS ($3,000,000.00)--------------------- KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach (the "City") in Palm Beach County, Florida, for value received, hereby promises to pay from the sources herein mentioned, to the Registered Owner specified above or registered assigns on the Maturity Date specified above or earlier upon optional prepayment as provided below, upon the presentation and surrender hereof at the City's Finance Department or (if so determined by the City) the designated trust office of the bank or trust company appointed by the City to act as paying agent (said City's Finance Department or such bank or trust company and any bank or trust company becoming successor paying agent being herein called the "Paying Agent"), the Principal Amount outstanding and not previously prepaid with interest thereon at the stated interest rate calculated on the basis of a 360-day year of 12 thirty-day months, on each Payment Date in the manner specified in the within described Bond Resolution to the registered owner. The interest rate on the Bond may be converted to the Default Rate or is otherwise adjusted as provided in the Resolution No. 47-08. The principal amount and accrued interest thereon is payable in any coin or currency of the United States of America, which, on the date of payment thereof, shall be legal tender for the payment of public and private debts. This Bond is authorized to be issued in a principal amount of not exceeding $3,000,000 under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including, particularly, Chapter 166, Florida Statutes, as amended and supplemented, the Charter of the City of Delray Beach, Florida, as amended and supplemented and other applicable provisions of law (the "Act") and Resolution No. 76-99 duly adopted on December 14, 1999 and Resolution No. 47-08 duly adopted on September 16, 2008 (collectively, the "Bond Resolution"), as such resolutions may be further amended and supplemented from time to time and is subject to all terms and conditions of said resolution. Any term used in this Bond and not otherwise defined, shall have the meaning ascribed to such term in the Bond Resolution. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed, precedent to and in the issuance of this Bond exist, have B-1 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 happened and have been performed in regular and due form and time as required by the Laws and Constitution of the State of Florida and the Charter of the City applicable thereto and that the issuance of this Bond is in full compliance with all constitutional or statutory limitations or provisions. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution until the certificate of authentication hereon shall have been signed by an authorized officer of the Registrar. This Bond shall bear interest at the Interest Rate, as such rate may be adjusted in accordance with the terms of the Resolution No. 47-08. Upon the occurrence of a default by the City under Resolution No. 47-08, this Bond shall bear interest at the Default Rate. Interest shall be payable on December 1, 2008 and each June 1 and December 1 thereafter and principal on the Bonds, unless prepaid, shall be payable on the Maturity Date, provided that, in either case, if such payment date is not a Business Day, the payment shall be made on the next succeeding Business Day (each a "Payment Date"). The principal of and interest on the Bonds shall be secured and payable solely by the Pledged Revenues (as defined in the Bond Resolution), all in the manner provided in the Bond Resolution. Subject to the terms and provisions of the Section 2.2 of Resolution No. 47-08 of the City, the City may prepay this Bond in whole or in part, at any time or from time to time, without penalty or premium, by paying to the registered holder all or part of the principal amount of this Bond, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Each prepayment shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the registered owner not less than two (2) Business Days prior thereto. Notice having been given as aforesaid, the principal amount stated in such notice or the whole thereof, as the case may be, shall become due and payable on the prepayment date stated in such notice; and the amount of principal shall be paid (i) in case the entire unpaid balance of the principal of this Bond is to be paid, upon presentation and surrender of such Bond to the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) and (ii) in case only part of the unpaid balance of principal of this Bond is to be paid, upon presentation of such Bond at the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the amount of principal then paid or for issuance of a replacement Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all of the Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the principal, together with unpaid interest accrued thereon, without surrender of this Bond. If, on the prepayment date, funds for the payment of the principal amount to be prepaid, together with unpaid interest accrued thereon, shall not have been provided to the Paying Agent, as above provided, the principal amount of this Bond shall continue to be outstanding and to bear interest until payment thereof at the Interest Rate. Any partial prepayment shall not postpone the due dates of, or relieve the amounts of, any payments due hereunder. This Bond shall not be and shall not constitute an indebtedness of the City within the meaning of any constitutional, statutory, charter or other limitations of indebtedness but shall be secured and payable solely by the Pledged Revenues. No Holder of this Bond shall ever have the right to compel the exercise of ad valorem taxing power of the City, or taxation in any form of any real property therein to pay the Bond or the interest thereon. No holder shall have a lien on B-2 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 any Non-Ad Valorem Revenues until deposited into the Debt Service Fund created and established under the Bond Resolution. The terms and provisions of the Bond Resolution are incorporated in this Bond as though such terms and provisions have been set out in full herein. IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this Bond to be signed by its Mayor, either manually or with his facsimile signature and the seal of the City Commission of the City of Delray Beach, Florida, to be affixed hereto or imprinted or reproduced hereon and attested by the Clerk of the City, either manually or with her facsimile signature and this Bond to be dated the Dated Date set forth above. (SEAL) CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Mayor By: Clerk of the City of Delray Beach, Florida Resolution No. 47-08 B-3 381, 891, 667v6/WPB/016787.012100 FORM OF CERTIFICATE OF AUTHENTICATION Date of Authentication: , 2008 This Bond is the Bond delivered pursuant to the within mentioned Resolution. By: CITY OF DELRAY BEACH Finance Department, as Registrar Authorized Officer B-4 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 ASSIGNMENT FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto (please print or typewrite name and address of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Signature Guaranteed: In the presence of: NOTICE: The signature to this assignment must correspond with the name as written upon the face of the within Bond in every particular, without alteration or enlargement, or any change whatever. B-5 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 EXHIBIT C Project (1) A portion of the cost of the acquisition and construction and equipping of the City's Old School Square Parking Garage Project, including all facilities relating thereto including without limitation the reimbursement to the City for expenditures previously made in that regard. (2) All related, necessary and incidental engineering, design, labor, contingency and costs of issuing the 2008 Bonds. C-1 Resolution No. 47-08 381, 891, 667v6/WPB/016787.012100 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 6, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 REQUEST TO REDUCE VALET QUEUE/GAFFE LUNA ROSA ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Gaffe Luna Rosa to reduce its monthly valet parking queue fees from $165 to $125 per space. BACKGROUND At its meeting of February 7, 2006 the City Commission approved a request from Gaffe Luna Rosa to expand its valet parking queue from four (4) to seven (7) spaces. To recoup meter revenue lost to accommodate the request, a $150 per space fee was assessed for the additional spaces. The four (4) existing queue spaces remained at $60 per space resulting in a total valet queue fee of $690 per month. At the March 21, 2006 Commission meeting, all valet parking license agreements, which were scheduled to expire at the end of March, were presented for renewal. Staff had proposed a $15 per space increase, ($60 to $75 per month), for all valet queues. The City Manager recommended a $140 per space fee for the Gaffe Luna Rosa queue taking into consideration the lost meter revenue. The memorandum suggested that $125 per space fee would be appropriate if the Commission thought the $140 fee was too high. A motion fora $125 per space fee failed in a 2-2 vote. However, the $140 per space fee was unanimously approved. Renewal of the remaining valet parking license agreements was approved with a $15 increase ($60 to $75 per space, per month). At its March 3, 2008 meeting the City Commission approved increases of $15 for valet queues west of the ICW and $25 east of the ICW, making the monthly fee $90 and $165 per space respectively. The valet operator has recently advised Mr. Marincola of some potential restructuring required to enable the valet to continue operating the valet profitably (see attached). The proposal suggests eliminating two (2) spaces reducing the queue to five (5) spaces and reducing the non-exclusive parking lot lease for spaces in the Gleason St, Sandoway and Ingraham Lots from 40 to 20 spaces. Concerned this reduction in queue spaces will result in traffic jams on East Atlantic Avenue, Mr. Marincola is requesting relief in the form of a price reduction of the monthly valet queue fee. Subsequent to the March, 2006 renewal the valet queue fee increased from $690 to $980 per month and is currently $1,155 per month ($165 x 7 = $1,155) Staff shares the concern that the reduction of queuing spaces will create aback-up of traffic in the right-of-way, especially with the anticipated success of the restaurant reopening at 6 S. Ocean Blvd. Albeit revenue is only collected east of the ICW, the value of the parking spaces is comparable in the other areas. Hours of operation should also be factored into the fee structure of the valet queue. The valet queues west of the ICW operate nine hours per day between 5:00 PM and 2:00 AM. The Caffe Luna Rosa queue operates 13 hours between 10:00 AM and 11:00 PM. The Caffe Luna Rosa queue uses the spaces approximately 30% more of the time, yet pays over 80% higher fees. While Staff is cognizant of the City's current fiscal challenges, the inequity in valet queue fees seems disproportionate. Staff recommends a reduction in the Caffe Luna Rosa valet queue fee from $165 to $125 per space, per month. REVIEW BY OTHERS This item has not been reviewed by any other Boards. RECOMMENDATION By motion, recommend approval of the request from Caffe Luna Rosa for the reduction in valet parking queue fees from $165 to $125 per space, per month. From: Fran Marincola [pepsil @bellsouth.net] Sent: Tuesday, August 12, 2008 3:10 PM To: Harden, David; CityManager@MyDelrayBeach.com Cc: Gary Eliopolos; Rita ellis; Fred Fetzer; McDuffie, Woodie (Bellsouth); Aronson, Scott Subject: FW: Changes to valet operations Dear Dave, please review the letter below from our valet. While I understand his frustration he cannot eliminate 2 Q parking spaces/ and 20 regular lot spaces because they are under my lease. I suppose he means he will not reimburse us any more. I am sure you are empathetic as you have your own budget problems but I would like to make a comment. In 2007 you chose to make our Q spots twice as much as we were paying and 2 times more than the Avenue West of intercoastal. I thought you reasoning was flawed then and it remains. Because our spots were potential "meter spots" we were charged $1175 for 7 spots ($168 per spot)....Q spots started at $50 per spot just to put things in focus. I have a problem with this thinking for the following reasons. 1) All spots on Atlantic Ave are potential "meter spots" and in fact the reason meters were put on E Atlantic was because the "Rich Parking Study" recommended meters as soon as "adequate public parking or a garage became available". Bruce Gimmy, at his last PAB meeting said that he thought the Gleason St Lot (we had just obtained a non exclusive lease for it from the church" was adequate public parking and we should vote on meters. To my shock it passed 4-3 and East meters were born. Since then two garages were built, so we are free to meter all of Atlantic (I am against any metering until we get the kinks out of the garage). My point is why penalize our Q....2) we provide a public service, especially in season to beach goers that stay all day and tie up spaces for shoppers and restaurant patrons. We cannot refuse them and do not charge an exorbitant fee. Nothing but common sense and a pride for our town stops us as we are allowed to set fees. 3) The Q is not a great $ maker for the valet as they must cater to beachgoers in season and no one (but for the 2 restaurants and Boston's overflow) off season. The Q is an important part of the beach area and with out it we would not be able to exist and the beach would also suffer irreparable damage ....people now take it for granted. We only ask that you charge us what all other Q's on the Ave pay....that would be fair...the meter logic should no longer exist. Thanks for your patience ...I was just going to say a few words but got carried away. Thanks, Fran Marincola From: Bonnie Beer [mailto:bonnie@caffelunarosa.com] Sent: Tuesday, August 12, 2008 1:17 PM To: 'Fran Marincola' Subject: FW: Changes to valet operations From: Jon England [mailto:jtengland@cfl.rr.com] Sent: Tuesday, August 12, 2008 1:10 PM To: bonnie@caffelunarosa.com Cc: bpsvalet@bellsouth.net Subject: Changes to valet operations Fran, Bonnie, I regret having to write this but, after making cut backs on our parking leases across the Ave. we are still suffering losses. We have been monitoring our operations very closely for the last six months and we have come to the conclusion that we have no other choice but to continue eliminating expenses. In the past we were able to subsidize these losses with revenues earned outside of our business on Atlantic Avenue in hope things would turn around, but we simply can't afford it anymore. The parking leases have become more and more expensive over the last few years thus forcing us to seriously examine our investment on the Ave. It has become apparent that to make a profit we will have to raise prices or operate with less parking, and in some cases possibly both. At your location we are going to have to eliminate 2 of the queuing spaces on the Ave. and 20 parking spaces relevant to them. I do want to inform you that we have reviewed this in depth and these changes could pose congestion issues on busy nights and in season, but to keep valet operations in place there; eliminating parking expenses is necessary. We plan to implement these changes no later than September, 1, 2008. Please feel free to contact me about all of this. I will be more than happy to schedule a meeting to explain in further detail. Best Regards, Jon England Boca Parking Systems, Inc 321-544-1779 Phone 321-327-4288 Fax ~~~j~~~~r.bpsvalet.net N N ~--~ _N O J N U AMENDMENT NO. 1 TO PARKING LICENSE AGREEMENT WITH CAFFE LUNA ROSA DATED APRIL 1, 2008 THIS AMENDMENT NO. 1 to the Agreement dated April 1, 2008, is made this day of , 2008 by and between the CITY OF DELRAY BEACH (the City) and CAFFE LUNA ROSA ("Licensee") WITNESSETH: WHEREAS, the parties entered into a Parking License Agreement dated April 1, 2008, to provide for the use of seven (7) public parking spaces at on the south side of Atlantic Avenue between Salina Avenue and Ocean Boulevard (State Road A-1-A); and WHEREAS, the fee has been reduced from one hundred sixty-five dollars ($165.00) to one hundred twenty-five dollars ($125.00) per month, per space; and WHEREAS, a scrivener's error is being corrected regarding the hours of operation of the queue, which have been changed from 10:00 am to 2:OOam to 10:00 am to 11:OOpm Monday through Sunday (7 days per week). NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. The Agreement dated April 1, 2008, is hereby amended to provide that the fee has been reduced from one hundred sixty-five ($165.00) dollars to one hundred twenty-five dollars ($125.00) per month, per parking queue space and the hours have been amended to correct the scrivener's error by changing the hours from 10:00 am to 2:OOam to 10:00 am to 11:00 pm Monday through Sunday (7 days per week). 3. This Amendment together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 4. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Parking License Agreement on the day and year first hereinabove written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Rita Ellis, Mayor Approved as to legal form and sufficiency: City Attorney 2 WITNESSES: (please type orprint name) (Name printed or typed) STATE OF COUNTY OF CAFFE LUNA ROSA By: (please type orprint name) Title: The foregoing instrument was acknowledged before me this day of 2008, by known to me or who has produced Identification. who is personally as Signature of Notary Public 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: September 9, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 AUTHORIZATION TO HIRE OUTSIDE COUNSEL/APPEALS IN CASES REFERENCING LINDA MARKS ITEM BEFORE COMMISSION The City Commission previously approved the firm of Gaunt, Pratt, Radford, Methe & Rockenbach, P.A. to represent the City in the litigation of cases referencing Linda Marks (psychic cases). We are now formally seeking approval of the use of the firm to represent the City in the appeal of these cases. BACKGROUND The cases presently on appeal are Boys and Montenaro. We have three new Notices of Appeal filed for Whitehead, Van Deusen and Yockl. We have not received judgments yet on two cases, Chandler and Lanagan, which also may be appealed. Further, the Hoffert case may be appealed. RECOMMENDATION Our office recommends the use of Kara Rockenbach's firm, Gaunt, Pratt, Radford, Methe & Rockenback, P.A., in the handling of all these appeals at the rate of $225.00 per hour. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: September 2, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 SETTLEMENT OFFER JUDITH KARP V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Judith Karp v. City of Delray Beach -Offer of Settlement. BACKGROUND Our office received an offer of settlement in the amount of $100,000.00 regarding a case where a piece of debris from a lawnmower struck Plaintiff under her eye allegedly causing an injury and breaking her eyeglasses. The incident occurred on March 14, 2007 on the sidewalk on the west side of A-1-A at the Atlantic Dunes Park parking lot. The Plaintiffs medical bills to date are One Thousand Eight Hundred Dollars ($1,800.00). The City Attorney's Office recommends denial of the offer and would like authorization to file an Offer of Judgment in the amount of Nine Thousand Dollars ($9,000.00). RECOMMENDATION The City Attorney's Office recommends denial of the offer and approval of the City's counter-offer. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 9, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 APPOINTMENT TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before Commission for an appointment to the Education Board. BACKGROUND There is a vacancy on the Education Board for a student member to serve an unexpired term ending on July 31, 2009. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individual has submitted an application and would like to be considered for appointment: Margaret Henderson A check for code violations and/or municipal liens was conducted. None were found. Ms. Henderson is a student and is not eligible to vote. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) student member to serve an unexpired term ending July 31, 2009. RECOMMENDATION Recommend appointment of one student member to the Education Board to serve an unexpired term ending July 31, 2009. osios EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31 /2009 Catherine DeMatto Training & Development/ Unexp Appt 02/20/07 Marketing ~L SaleS Re t 07/24/07 07/31 /2010 Gerald Crocilla Educator Appt 08/01/06 Reappt 07/15/08 07/31 /2010 Derline Pierre-Louis President/Plan & Budget Amt 07/15/08 Reviewer 07/31 /2010 Kenneth Zeno Training unexp Amt o8/07/07 Consultant/E ducator Re t 07/15/08 07/31 /2010 Harold Van Amem, Vice Qiair Developer Unexp Appt 12/13/05 Reappt 07/11/06 Re t 07/15/08 07/31 /2010 Sandra Weatherspoon Assistant Principal Appt 07/15/08 07/31 /2009 Susan Sikich Associate Director Amt o7/05/05 Re t 08/07/07 07/31 /2009 Sandra Tobias, QZair Real Estate/Educator Unexp Appt 02/21 /06 Reappt 07/24/07 07 /31 /2009 Perry Stokes Educator Unexp Appt 01/03/06 Re t 07/24/07 07/31 /2009 Mr. Peter Raycroft Educator UnexpAppt 01/03/08 07/31/2009 Melanee Slanl~stein Educator/Consultant Unexp Appt 08/05/08 STUDENT MEMBERS (one term limit) 07/31 /2009 Keren Eckstein Student Appt 01/15/08 partial term 2 YEAR TERM 07/31 /2009 Vacant Student 1 YEAR TERM CITY REPRESENTATIVE: COMMISSION LIAISON: Janet Meeks - E ducation Coordinator 243-7231 Commissioner Fred Fetzer (Primary Member) Commissioner Woodie McDuffie (Alternate Member) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 9, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 RESOLUTION N0.42-08 (MILEAGE LEVYI ITEM BEFORE COMMISSION Resolution No. 42-08 levies a tax on all properties in the City of Delray Beach for FY 2009 as follows: 6.3900 mills for operation and maintenance of the General Fund 0.4604 mills for the payment of principal and interest on bonded indebtedness BACKGROUND At the September 3, 2008 regular meeting, the Commission approved a resolution tentatively levying the operating millage rate at 6.449 mills. In the attached Resolution 42-08, the operating millage for FY 2009 is reduced to 6.3900 due to confirmation of additional funding from the CRA, while the debt service millage remains at 0.4604 for a total millage rate of 6.8504. The rolled back rate calculated under the TRIM law for operating purposes is 6.5393 mills. The operating millage rate of 6.3900 is 2.41% less than the rolled back rate. The assessed valuation on all taxable property within the City for operating purposes is $8,201,560,130. The assessed valuation for debt service is $8,202,916,596. The reason for the differential is the exemptions that were granted to historic properties in the City. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. A public hearing on the tenatitve millage rate was held at the September 3 meeting. RECOMMENDATION Recommend approval of Resolution No. 42-08. RESOLUTION NO. 42-08 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $6.3900 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2008, and ending September 30, 2009. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expei~ses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $8,201,560,130. The operating millage rate of $6.3900 per one thousand dollars ($1,000.00) is less than the rolled back rate of $6.5393 per one thousand dollars ($1,000.00) by 2.41%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $3,587,792. There is hereby appropriated for the payment thereof, all revenues derived from the tax levy of $0.4604 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2008, and ending September 30, 2009, upon the taxable property of the City of Delray Beach, the assessed valuation being $8,202,916,596. Section 3. That the above millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended Section 4. That public hearings were held on the budget on September 3, 2008 and September 16, 2008. PASSED AND ADOPTED in regular session on this the 16~ day of September, 2008. MAYOR ATTEST: City Clerk RES. N0.42-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 9, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 RESOLUTION N0.43-08 (DDA MILEAGE LEVYI ITEM BEFORE COMMISSION Resolution No. 43-08 levies a tax in the amount of 1.0000 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2009. BACKGROUND The 1.0000 millage rate is more than the 0.9535 rolled back rate calculated under the TRIM law by 4.88%. Approval of the 1.000 millage rate will require four (4) votes in favor by the Commission. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $568,344,920. A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA budget for FY 2009. On September 3, 2008, the City Commission approved a resolution tentatively levying the millage rate at 1.0000 mill. RECOMMENDATION Recommend approval of Resolution No. 43-08. RESOLUTION N0.43-08 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.0000 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2008, and ending September 30, 2009. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expei~ses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable properly for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $568,344,920. The operating millage rate of $1.0000 per one thousand dollars ($1,000.00) is more than the rolled back rate of $0.9535 per one thousand dollars ($1,000.00) by 4.88%. Section 2. That the above millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended Section 3. That public hearings were held on the budget on September 3, 2008 and September 16, 2008. PASSED AND ADOPTED in regular session on Phis the 16~ day of September, 2008. MAYOR ATTEST: City Clerk RES. N0.43-08 Downtown Development Authority Income & Expenditure to 7/31/08 Updated 9/2/08 1 2 3 4 Income & Expenditure Estimate 2008/09 c ua u ge c ua u ge ear en ropose 2UU6/2UU7 2UU7/2UUti '1'o date '1'o date llate Ad Valorem Taxes 1 557,600 519,161 509,906 506,438 539,928 Interest Earned Z 2,601 1,500 2,305 1,500 1,500 Miscellaneous Income 3 353 Total Revenues 10 560 554 520 661 512 211 507 938 541428 Expenditures D.M.C. Contribution 11 121,891 120,000 122,200 120,000 122,400 122,500 External Audit Fees 13 6,000 7,500 7,500 7,500 7,500 6,800 Bookkee in Fees 14 2,000 2,100 1,250 1,750 2,100 2,100 Bank Char es 15 0 0 Dues and Subscri tions 16 2,907 2,500 3,138 2,500 2,638 2,700 Chairman's Club Dues 17 1,000 1,000 1,000 1,000 Liabili Insurance 18 6,934 8,000 6,871 6,870 8,000 8,000 Pro e A raiser's etc Fees 19 3,251 4,400 4,206 4,400 4,400 4,336 Conferences Meetin s & Travel 20 8,353 8,000 7,646 7,650 8,700 8,000 Office Su lies Re airs & Ex s 21 920 1,500 823 1,250 1,500 1,500 Posta es & Printin ZZ 5,058 7,000 1,568 1,600 1,600 2,000 Office Rentals 23 2,640 2,640 2,400 2,400 2,400 2,400 Sub Total Office Ex enses 30 160 954 164 640 157 602 155 920 162 238 161336 Downtown Ma S onsorshi 31 37,428 35,000 36,740 35 000 36,740 37,000 Holida Tree & 1stNi ht 32 35,000 35,000 35,000 35 000 35,000 35,000 Pinea le Grove 33 5,000 0 0 0 0 W.A.R.C. 34 4,908 0 0 0 0 Brid e Park 35 5,117 0 0 0 0 Other Promos & Grants (b/fwd) 36 11,250 12,000 9,000 9 000 12,000 12,000 Retail Promotions 37 22,774 25,000 13,857 13 900 18,000 25,000 Other S ecial Events & Pro'ects 38 13,500 2,725 Z 725 5,000 15,000 Net Print Marketin & Adverts 39 228,338 185,130 183,317 183 320 186,716 206,960 Other Marketin & Economic Dev. 40 50,000 35,137 35 140 40,000 47,883 Sub Total Marketin & 50 349 815 355 630 315 776 314 085 333 456 378 843 Total Revenues 51 560 554 520 661 512 211 507 938 541428 Less Total Expenses 52 510,769 520,270 473,378 470,005 495,694 540,179 Total Revenues Over Under 53 49 785 391 38 833 12 244 1249 Funds B/Fwd October 1st 21,454 71,239 71,239 71,239 83,483 Total Funds carried fwd 71,239 71,630 110,072 83,483 84,732 Date: 9/12/2008 10:29 AM Page: 1 Downtown Delray Beach Village by the Sea Local Advertising /Promotion July 31, 2008 M. Ferrer Function of DDA: According to state statute, a function of the Downtown Development Authority is to "Formulate long-range plans for improving the attractiveness and accessibility to the public of Downtown facilities, promoting efficient use thereof, remedying the deterioration of Downtown property values, and developing the Downtown area. These goals include the overall marketing and promotion of the DDA area as a destination, locally, regionally and nationally. Area of Resuonsibility: Through two expansion elections since inception in 1971, the DDA district includes the downtown core along Atlantic Avenue from I-95 to AlA, including NW/SW 5~ Avenue and Pineapple Grove Arts District. Staflin~: The DDA has no paid staff, however, the Executive Director is provided by the Downtown Marketing Cooperative, and as a part of the DMC's contract, provides support to the DDA. The DMC staff helps implement all the goals of the DDA. The DMC is collaboration between the City of Delray Beach, Community Redevelopment Agency, Downtown Development Authority and the Chamber of Commerce, whose mission also includes promotion of the Downtown as a destination, bringing visitors and residents to the area. Local, Regional and National Advertising and Promotional investment: I have surveyed as many local groups as available, that advertise /promote within the DDA boundary (I-95 to AlA). From information gathered, the total expenditure through special events and marketing for 2007 - 08 by category is summarized. It should be pointed out that through the DDA's contribution to the DMC, a large amount of local advertising and promotion is being accomplished now. 2007 - 2008 Total Local Advertising (inc. in-kind) $ 5,273,391 Total Regional /National Advertising $ 119,868 Total Investment $ 5,393,259 DDA Expenditure by category: Local Advertising $ 129,953 Regional /National Advertising $ 88,853 Total DDA Investment $ 218,806 DDA % of Total 4.057% Local Advertising /Promotion cont... (See attached breakdown for details. ***Not included are any annual funds spent privately by individual merchants i.e. Mercer Wenzel - $10,000; Hand's - $30,000; Vince Canning Shoes- $ 31,000; N.Spa - $100,000, Petite Connection - $10,300, or local hotel and accommodations properties). Summary In addition to maintaining the successful local programs already instituted by both the DDA and DMC and other community groups, more cooperative programs are being planned to elevate the image of Downtown Delray Beach to a higher degree both within our County and at the State and National Levels to improve the business of merchants and create a resident friendly area. Great strides are also being made to collaborate with the Palm Beach County Convention & Visitors Bureau, the Tourist Development Council, Palm Beach Cultural Council and Visit Florida. The downtowndelraybeach.com website has proven to be a huge success in its inaugural year, and more investment needs to be studied for the interactive components being added daily to the regional and national efforts by other organizations, including an e-mail marketing strategy. It should be noted that although the DDA can encourage businesses to advertise and promote cooperatively, the DDA cannot, by itself, promote individual businesses and must aim to market the downtown destination as a whole. In the current economy, the DDA's mission becomes especially important. X N N N ~_ .N ~-_+ N O ~--. CB U O J 0 0 N ti 0 0 N O J+ Q O U >, U Q ~_ ~ ~ U O o a w C7 Q J W Z Q J a Q x U Q 00 W o Z N Q U W O Z O O ~ w U O ° i o ~ M ~ M N ~ ~ ~ N 6q 6q O O O O O O O O O O O N O O O ~fJ O O O O ~.fJ R O O O O O O O ~ O ~fJ O I~ O O O O O O O V N ~ o v ~n rn o rn rn o o v_ 0 0 0 ~n ~n o o ~ ~ V 00 67 I~ M V O N CO V ~fJ CO ~.fJ 67 O I~ V I~ 67 CO N Q Ef3 ER N M M ~fJ 67 V M ~ ~ N O 67 O EF3 V M Ef3 E/-? E/-? E/-? CO ~ ER EF3 E/-? E/-? _ E/-? O N E/-? E/-? E/-? 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ER Ef3 ER Ef3 Ef3 ER Ef? Ef? 0 0 N ~ ~ ~ $ $ $ y y y a~ ... ~ ~ N ~ ~ m ~ 0 O °- ~ h d .~ U ~ ... U ~ ~ cv ~ a~ ~ cv .~ ~ ~ o ~_ U7 O ~ p >, cv O 2 ~ o O O d (6 ~ 4J O ~ o = W O l _ GI ~ 7 U °o °J O (n 'O ~ O ~ U ~ Q ~ ~ ~ ~ Q i ~ ~ ~ .--. Q ~ ~ J ""' Q >, N ~ ~ ~ ~ V O U7 2 U N m >, N ~ ~ U ~ ~ d U N m >, N ~ O G N ~ N 2 ~ ~ ~ ~ °~ ~ 7 ~ ~ ~ ~ O ~ ~ ~ ~ O ~ U ~ O N W _ ~ H i 7 U ~ ~ J ~ ~ - ~ N W c .U Q ~ ' ~ U7 ~ ~ (6 N 'O O ~ U ? ~ L O U ~ ~ ~ O U E ~ °> . ~ = ~ ~ U >, Q (n a~ > ul N W cv ~ U ~ ~ (n ~_ Q C •lC R ~ V J ~ ~ ~ ' N ~ ~ ~ "~" U ~ Q o ~ ~ c ul N ~ N N ~ ~ O 00 N C N ~ cG ~ O ~ ~ ~ M O N N (6 d X N N N ~_ .N ~-_+ N O ~--+ O U O J 0 0 N ti 0 0 N O J+ Q O U ~ Q L ~ U O o a w C7 Q J W Z Q J a Q x U Q 00 W o Z N Q U W O Z O O ~ N V O ~O ~ ~ ~ CO 01 N ~ 6q 6q ° ° ° ° OO ° `n R o o o ~ o rn v rn o ~ O O O V ~ M 67 N N O O + + V Ef3 M O O O V O ~fJ I~ Q El~T _ ~ El~T El~T ~ Ef? ER Ef3 Ef3 Ef3 ER EF3 0 0 N ffl . . ffl . . . $ a~ . $ c ~ y ~ y c N = X = cv .y V .y ~ `~ °- c i ~ O i ~ ~ ~ ~ U U c ~ m ~ ~ ~ G ~ G ~ N ~ ~ o U c n ~w ~ a o _ ~ c c cv ~ ~ ~ `v cv a~ _ O ~ C ~ N V Q N m U7 Z N ~ C7 ~ O +~ c ~ ~_ ~ C A J ~ N N N ffl N ~ > ~ C cv -O > G O ~ ~ ~ ~ Q ~ ~ ~ Q N ~ N ~ ~ ~ O N ~ - O ~ Q C d ~ ~ `i = ~ v ~ C7 `° ~ Q o ~ ~ U ~ D m ~ ~ m i C R ~' ~ ~ ~ ~ ~ U U7 N ~ ~ f _ ~ _ > ~ (6 U a~ cv O ~ oZ i J ~ (6 Z iJ m = ~ ~ ~ ~ O ~ ~ O ~ o a~ ~ c U W o ° ~ _ ~ i ~ o ~ o m o ~ ~ W d H ~ J ~ Q ~ d (n ~ 0' ° ~ i `n i °O o ~ a~ ~ c o M ~ 67 M O 00 00 M O 67 M 00 Q1 _ M ~ I~ M O ~ O N Ef? ER ~ cs3 ~ ~ ~ Z Z ~ ~ w w > > ~ ~ Q Q Q Q O O _ J ~ W Q ~ H J ~ ~ Z W O H H N W Q ~ Z ~ U O ~ ~ ~ Z c c N ~ ~ ~ ~ ~ ~ C C C "J ~ ~ ~ ~ ~ W ~ ~ ~ Q Q Q Q Q ¢ O O Q ~ ~ O J J J ~' ~ ~ ~ o lA ~ N_ ~`') O Q1 ~ M lA ~> C m GI C C .N GI v Q +~+ H vi M O M N (6 d Analysis Actual DDA Marketing & Advertising, Promotions & Grants at 7/31/08 2007/08 2008/09 Actual Actual Budget Estimate Proposed Other Income Co-on. Advertising 2006/07 2007/08 Analysis Year end Budget Marketing & Advertising Reserve 228,338 Printing Monthly Calendars 6,799 7,500 7500 7,500 Print Misc & A & J Marketing Brochures 7,340 9,000 9000 9,000 Downtown Newsletter 3,605 6,000 6000 6,000 Other Misc. Design & Printing 12,063 10,000 12000 12,000 Art & Culture Magazine 5,025 5,300 5025 5,300 Airtran Inflight Magazine 4,394 4394 0 Convention & Visitors Bureau 11,100 4,500 6305 20,000 Fl Table Magazines & D.B & Boca Guides 10,380 13,500 10380 13,500 Dining Out 1,725 0 1500 1,000 Visit Florida Vacation Guide & Web 16,162 17,500 15000 18,640 Guest Informant (Where Guest Book) 9,617 10,050 10050 11,000 Palm Beach Illustrated 165 3,000 3000 3,000 Travel Host/Clubhse Living/Oceanfront Club 9,050 13,000 11000 11,000 Videos Cinema & TV 10 800 7 500 8850 9 000 Website 5 625 1 000 7000 9 000 Other Misc. Ads & Mrktn 3 278 3 000 3000 3 000 Visitor's Information Center 977 3 280 1500 1 500 PG/WA Marketing & Development 3,000 0 3000 3,000 Co-o erative Advertisin -Southern Livin 31 294 36 000 31294 33 520 Co-o erative Advertisin - Fl Down & Small 35 918 35 000 30918 30 000 Other Co-o erative Advertisin 5 000 5000 5 000 Total Payments to date 188,317 190,130 191,716 211,960 Less Co-operative Income 5,000 5,000 5,000 5,000 Net Marketing & Advertising expense to date 183,317 185,130 186,716 206,960 Miscellaneous Promotions & Grants 11,250 Garlic Festival 750 750 Green Market 1,250 1,250 Asian Festival 750 Delray Beach Film Festival 750 Bahamian Cultural Festival 750 CincoDaMayo 750 750 Community Neighborhood 750 Delray Citizens for Police 750 750 Roots ($1,000 2004/05) Bed Race 750 750 Community Child Care Center Pineapple Grove 1,250 1,250 St. Patrick's Day Parade 750 750 EPOCH/Spady -Starlight Gala 1,250 1,250 D.B. Historical Society -Heritage Fair 750 Milagro Concert Series 750 Firefighters Annual Chilli Cook-out 750 Total Payments 9,000 12,000 12,000 12,000 Total Expenses C/fwd 192,317 197,130 198,716 218,960 FOR DOR USE ONLY cfy: CERTIFICATION OF TAXABLE VALUE TA: Levy: Year 2008 County PALM BEACIi Principal Authority Delray Beach -D.D.A. ~ TaXing Authority Delray Beach -D.D.A. SECTION I: COMPLETED BY PROPERTY APPRAISER 1. Current year taxable value of real property for operating purposes 2. Curren# year taxable value of personal property for operating purposes 3. Current year #axable value of centrally assessed property for operating purposes 4 Current year gross taxable value for operating purposes ( Line 1 plus Line 2 plus Line 3) 5 Curren# year net new taxable value (Add new construction, additions, rehabilitative improvements increasing assessed value by at least 100%, annexations, and tangible personal property value in excess of 195% of the previous year's value. Subtract deletions.) 6. Current year adjusted taxable value (Line 4 minus Line 5) Friar year FINAL gross taxable value 7. {f=rom prior year applicable Form DR-403 series} ~ Enter number of tax increment value worksheets {DR-420TIF) attached (If none, enter 0) 9 Does the taxing authority IeVy a voted debt service millage or a millage voted for 2 years or less under s. 9(b), Article Vt1, State Constifution? {lf yes, complete and attach farm DR-420 VMA, Voted Mi!lage Addendum.) i0. Information for maximum millage calculation: Current year gross taxable value for operating purposes without the impact of Amendment 9 CONTIf~IUED ON PAGB 2 OR-420 R.Ofi108 Ru3_ 12DER0&1$ Florida AdminisfraUve Code Effective Ofi!(}8 $ 568,344,920 ti) $ 0 {2) ~ p t3) $ 568,344,920 (4) $ 111,977 (5) ~ 568,232,943 (6) g 619,876,475 {7) 0 {8) Yes ~ Na Q (9) 572,775,903 (10) DR-420 R.Ofif08 Page i SICTI~N II: COMPUTED BY TAXING AUTHORITY -CONTINUED FROM PAGE 'f f'i 8. Current year proposed operating millage rate $ 1 .0000 per $1,000 (18} ~ g_ Total faxes to be levied at proposed millage rate ( ) is $ (Lime 18 multiplied by Line 4, divided by 1,000) ~ 568, 345 20. Check TYPE of principal au#hority {check one) L^J County l~ Independent Special Disfrict {20} u Municipality C Water Management Disfrict 21. Check applicable taxing authority {check one} ~ Principal Authority ®Dependent Special District {21) [] MSTU ~ Water Management District Basin 22. Is millage levied in more than one county? (check one} ~ Yes X^ Na (22} DEPENpENT SPECIAL gISTRICT5 AND MSTUs: ~ STOP HERE -SIGN ANa SUt3MIT 23 Enter the total adjusted prior year ad valorem proceeds of the principal authority, all dependent special districts, and MSTUs levying a millage. $ (23) (The sum of Line 14 from all Form DR-420 forms.} 2A. Current year aggregate rolled-back ra#e {24) $ {Line 23 divided by Line 1fi, multiplied by 1,000) per $1,000 2~, Current year aggregate rolled-back taxes $ (Line 4 multipled by Line 24, divided by 1,000) {25) 26. Enter totaE of alt operating ad valorem taxes proposed to be levied by the principal taxing authority, alt dependent districts, and MSTUs, if any. $ {26) (Total of Line 19 from all DR-420 forms.) 27. Current year proposed aggrega#e millage rate $ per $7,000 (27} ( Line 26 divided by Line 4, multipiied by 1,000) 2$. Current year proposed rate as a percent change of rolled-back rate ado (28) (Line 27 divided by Line 24, minus i, multiplied by 100) Date Time Place First public budget hearing 'axing Authority Certification - _ - certify the millages and rates are correct to the best of my knowledge. The millages comply with file provisions of Section 200:185 and 200.071 ar 200.081, F.S. ~ Signature of Chief Administrative Officer Date u' z / - 07/30/08 Tile Physical Address v1 Cit Mana er 100 N.W. 1st Ave...,. Delra Beach, FL 33444 Mailing Address Name of Contact Person 100 N.W. 1st Avenue Jose h Safford City' State, ZIP Phone # Fax # Delra Beach FL 33444 561/243--7117 561/243-7166 SEE INSTRifCTiONS ON PAGi=3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 9, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 RESOLUTION N0.44-08 (BUDGET ADOPTION FY 20091 ITEM BEFORE COMMISSION Resolution No. 44-08 makes appropriations of sums of money for all necessary expenditures of the City for Fiscal Year 2009. The appropriations are set forth in Exhibit "A" to the resolution. BACKGROUND Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the budget. On September 3, 2008, the City Commission approved a resolution tentatively adopting the budget. In addition, the Five-Year Capital Improvement Plan for Fiscal Years 2009 through 2013 and the Capital Improvement Budget will be presented as a sub-item to the budget adoption. The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan. The Planning and Zoning Board, as Local Planning Agency, will formally review the Capital Improvement Plan and Capital Improvement Budget on September 15, 2008, as required by the Capital Improvement Element of the Comprehensive Plan and make a recommendation to the Commission regarding same. RECOMMENDATION Recommend approval of Resolution No. 44-08. RESOLUTION NO.44-08 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1St DAY OF OCTOBER, 2008, TO THE 30th DAY OF SEPTEMBER, 2009; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1St day of October, 2008, and ending the 30th day of September, 2009, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1St day of October, 2008, and ending the 30th day of September, 2009. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 2008, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and maybe used for the payment of the appropriations which maybe made in any appropriation for the fiscal year commencing the 1St day of October, 2008. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1St day of October, 2008. Section 4. That no deparhnerlt, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained If such deparhnerlt, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, maybe deemed guilty of neglect of official duty and maybe subject to removal therefore. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Suer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City govemmealt shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expei~ses which have been included in this resolution. Section 9. That public hearings were held on the budget on September 3, 2008 and September 16, 2008. Section 10. That this resolution shall become effective immediately upon its PASSED AND ADOPTED in regular session on this the 16~ day of September, 2008. MAYO R ATTEST: City Clerk RES. N0.44-08 Exhibit A Budget Summary DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 769,000 372,030 322,780 1,463,810 ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES 6.3900 49,787,575 0 0 49,787,575 AD VALOREM TAXES 0.4604 3,587,795 0 0 3,587,795 AD VALOREM-DELINQUENT 75,000 0 0 75,000 AD VALOREM - DDA ~.ooo0 539,930 0 0 539,930 Sales & Use Taxes 1,404,000 0 0 1,404,000 Franchise Taxes 256,250 0 0 256,250 Utility Taxes 4,452,000 0 0 4,452,000 Other Taxes 3,900,000 0 0 3,900,000 Licenses & Permits 10,301,180 0 0 10,301,180 Intergovernmental 7,022,460 519,520 1,922,570 9,464,550 Charges for Services 7,379,500 43,272,990 0 50,652,490 Fines & Forfeitures 860,600 0 63,000 923,600 Miscellaneous Revenues 5,938,650 1,500 796,110 101,530 6,837,790 Other Financing Sources 3,183,100 97,000 989,620 4,269,720 TOTAL REVENUES AND OTHER FINANCING SOURCES 98,148,110 541,430 44,685,620 3,076,720 146,451,880 TOTAL ESTIMATED REVENUES AND BALANCES 98,917,110 541,430 45,057,650 3,399,500 147,915,690 EXPENDITURES/EXPENSES General Government Services 9,622,030 0 0 9,622,030 Public Safety 52,705,980 0 63,000 52,768,980 Physical Environment 558,680 27,321,440 0 27,880,120 Transportation 3,263,970 0 0 3,263,970 Economic Environment 8,381,890 540,180 0 1,393,650 10,315,720 Human Services 67,000 0 777,310 844,310 Culture & Recreation 13,763,440 3,843,470 1,134,660 18,741,570 Debt Service 5,662,760 6,901,530 0 12,564,290 Other Financing Uses 4,856,330 5,872,140 0 10,728,470 TOTAL EXPENDITURES/EXPENSES 98,882,080 540,180 43,938,580 3,368,620 146,729,460 Reserves 35,030 1,250 1,119,070 30,880 1,186,230 TOTAL EXPENDITURES AND RESERVES 98,917,110 541,430 45,057,650 3,399,500 147,915,690 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggard, Jr., AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 10, 2008 SUBJECT: AGENDA ITEM 10.C1 -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 APPROVAL OF THE FIVE YEAR CAPITAL IMPROVEMENT PLAN ITEM BEFORE COMMISSION The action requested of the City Commission is that of adoption of the proposed Capital Improvement Plan (CIP) for FY 2008-09 - FY 2012-13 and acceptance of the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2009 Capital Improvement Budget are consistent with the Comprehensive Plan. BACKGROUND The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan, to which the City Commission will commit as part of the adopted annual budget. The proposed CIP (FY2008-09 - FY2012-13) is organized by funds, and then line items. Line items can be individual projects (i.e. Beach Renourishment), or annual allocations for repair and replacement such as "Building Maintenance" or "Vehicle Replacement". Expenditures on current projects which are not completed in the current fiscal year will "carry over" into the next fiscal year. There is overall consistency of the proposed CIP with the Comprehensive Plan. The Items contained in the Five-Year CIP are contained within the Goals, Objectives and Policies of the Comprehensive Plan. Projects listed in the CIP closely track the Comprehensive Plan, and are projected to be done within a comparable time frame. Although some projects are specifically identified, most are part of overall maintenance and improvement programs. The associated adjustments to the Five Year Schedule of Improvements proposed in the new CIP will be added to Comprehensive Plan Amendment 2008-1. REVIEW BY OTHERS The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review the CIB and CIP annually, prior to their adoption by the City Commission and issue a statement of consistency with the Comprehensive Plan. This responsibility is expressed in Capital Improvement Element Policies A-3.3 and A-3.4. The Planning and Zoning Board will consider the request at its September 15, 2008 meeting. The Board's Finding will be presented at the City Commission Meeting. RECOMMENDATION By motion, accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2009 Capital Improvement Budget are consistent with the Comprehensive Plan and adopt the proposed Capital Improvement Plan (CIP) for FY 2008-09 - FY2012-13. EXISTING 5-YEAR CIP TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2007-OS FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 RECREATION IMPACT FEE Delray Swim & Tennis Center Parking Lot -East 70,100 0 0 0 NW 1st Avenue Park 0 80,000 0 0 0 Oakmont Park Improvements 80,000 0 0 0 0 TOTALS: $150,100 $80,000 $0 $0 $0 BEAUTIFICATION TRUST FUND City Wide Tree Trimming -Equipment 0 145,000 0 0 0 Computerized Irrigation System 20,000 50,000 50,000 50,000 0 Germantown Road Beautification 75,000 0 0 0 0 South Dixie City Entrance 30,000 0 0 0 0 TOTALS: $125,000 $195,000 $50,000 $50,000 $0 COMMUNITY DEVELOPMENT FUND Ship Program-State Grant 576,010 0 0 0 0 Western Settlers' Grant Program 105,000 0 0 0 0 Beacon Ctr -Village Program 769,010 0 0 0 0 Planning Administration 115,640 0 0 0 0 Housing Rehab -Federal Grant 266,030 0 0 0 0 Unsafe Bldgs, Land Acqu, Bike Paths, Neighborhood Resources 125,000 0 0 0 0 Grants and Aids -Federal Grant 89,410 0 0 0 0 Neighborhood Housing 248,600 0 0 0 0 TOTALS $2,294,700 $0 $0 $0 $0 BEACH RESTORATION FUND Beach Renourishment-Fill Placement 0 0 0 0 7,250,000 Dune Revegetation 40,000 0 0 0 0 Engineering-6 year survey FY05 thru FY11 39,080 40,640 42,265 43,960 Environmental Engineering-Construction 0 0 0 265,000 750,000 Engineering-Final 0 0 0 93,000 0 Construction Surveys 0 0 0 0 50,000 Construction Engineering 0 0 0 0 70,000 Engineering/Update Geotech 0 0 428,500 0 0 Final Engineering/Bid & Negotiation 0 0 0 23,500 Sea Turtles Monitoring 38,750 20,000 20,000 20,000 40,000 TOTALS: $117,830 $80,840 $490,785 $445,480 $8,180,000 GENERAL CAPITAL IMPROVEMENTS A1A Decorative Street Lights & MastArms Install 50,000 250,000 0 0 0 Barwick Park -Resod 0 0 0 60,000 0 American Disability Act Compliance Modifications 0 0 0 0 253,000 Downtown Parking Lots-resurface, re-stripe, landscape 0 0 287,700 0 0 East Atlantic Avenue -resurfacing 0 0 0 92,000 0 Family Recreation & Fitness Center Construction 11,937,582 Family Recreation & Fitness Center Furniture & Fixtures 283,910 Family Recreation & Fitness Center Playground Area 98,500 FEC - SE & NE 1st Street Signal Rehabilitation 572,480 0 0 0 0 FEC -Crossing Annual Rehabilitation Program 95,000 96,750 130,000 114,000 115,473 Fiber Non-Public Safety Loop to ESD Complex-Info Tech 0 0 0 0 225,000 Finance/IT-Citrix Metaframe Farm License Purchase 0 50,000 100,000 21,000 0 Finance/IT-Replace Internal Building Data Cabling 85,000 100,000 0 0 0 Finance/IT-Replacement of Computers & otr equip 75,000 150,000 150,000 150,000 150,000 Finance/IT-Mainframe ISeries Server Replacement 0 0 550,000 0 0 Finance/IT-Navaline Software 0 108,270 0 0 0 Finance/IT-Server Replacement -Software Upgrade 25,000 25,000 25,000 25,000 25,000 Fire-Headquarters-Add'I Parking, land/paving 0 0 0 0 120,000 Fire-Headquarters-Generator Upgrade 0 15,000 250,000 0 0 Fire Rescue Training Center 0 370,000 580,000 75,000 0 Fire-Mobile Data Terminals New/Repl in1st line 52,500 0 112,500 112,500 0 Fire-Mobile Vehicular Radio Repeaters 100,000 25,000 50,000 50,000 50,000 Fire-Rescue Facility -Replace Telephone System 0 0 100,000 0 0 Fire-Site Plan & Design Depot Ave 50,000 0 0 0 0 Fire-Special Events Response Vehicle, new 0 25,000 0 0 0 Fire-Sprinkler & Alarm System -80 Depot Avenue 0 0 40,000 0 0 Fire-Sprinkler & Alarm System-New Garage Facility 25,000 0 0 0 0 Fire-Station #1 Entry/Courtyard 0 0 0 377,500 0 Fire-Stations #2,#3-Roof Replacement 225,000 0 0 0 0 General Building Maintenance -City Facilities 150,000 150,000 150,000 150,000 150,000 Holster and Weapons Mounted Lighting System 45,000 0 0 0 0 Homewood Blvd Bike Lanes-Ph 1 744,250 0 0 0 0 Motorola 3.0 Radio System-Replacement 0 6,000,000 0 0 0 NE 8th Ave pavement -North of Bond Way 0 0 0 85,000 0 NE 2nd Street Sidewalks 0 108,400 0 0 0 Neighborhood Enhancement/Improvements 150,000 250,000 250,000 250,000 250,000 Old Germantown Road-Sidewalks 216,700 0 0 0 0 CI-28 EXISTING 5-YEAR CIP TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2007-OS FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 Parks-Atlantic Dunes Park-Restroom Renovation 35,000 0 0 0 0 Parks-Atlantic Dunes Park-Exotic Species Replacement 0 240,000 0 0 0 Parks-Pompey Park-Replace Bleachers 70,000 0 0 0 0 Parks-Community Center -Replace Bleachers 0 55,000 0 0 0 Parks-Renovate Community Center Locker Room 50,000 0 0 0 0 Parks-Leon Weeks Preserve Renovation-Exotic Plant Removal 50,000 0 0 0 0 Parks-Maint Complex/Office Expand/Space 0 0 0 105,000 0 Parks-Merritt Park, curb, irrigate, sod, bleachers 0 0 60,000 0 0 Parks-Miller Park Renovation 0 5,700,000 0 0 0 Parks-Pompey Park -Shade System 0 42,000 0 0 0 Parks-Teen Center Renovation 0 50,000 0 0 0 Parks-Pocket Parks Construction 0 0 0 50,000 50,000 Police Dept -Carpet Replacement 0 65,000 0 0 0 Police Dept -Lobby Renovation 0 0 0 110,000 0 Police Dept -Generator Replacement & Enclosure 245,770 0 0 0 0 Police Dept -Firearms Training Simulator 146,475 0 0 0 0 Police Dept - In-Car Visual Cameras 90,000 150,000 150,000 150,000 150,000 Police Dept -Report Writing Room Renovation 30,000 0 0 0 0 Police Dept - Omnitrak Latent work station equip 0 0 114,000 0 0 Police Dept -Second Floor Addition Outside Evidence Room 0 0 0 300,000 0 Police Dept -Refurbish Police Parking Lot 0 0 0 100,000 0 Police Dept -Remodel Training Room 0 0 0 110,000 0 Police Dept -Remove Wallpaper & Paint 0 65,650 0 0 0 Police Dept -Replace Laptop Computers 0 304,400 152,200 0 0 Police Dept -Skid Car for driver training 45,000 0 0 0 Police Dept-Voice and Web Court Systems 60,050 0 0 0 0 Rainberry Woods Neighborhood Enhance Ph II 98,500 0 0 0 0 Range Ballistic Backstop-Replacement 0 45,000 0 0 0 Replace Steel Light Poles 40,000 40,000 40,000 40,000 40,000 S Swinton Avenue @ SW/SE 4th Street 0 0 0 0 402,200 SE & NE 5th & 6th Av frm SE 4th St to SE 10th St 0 0 0 2,330,000 0 SE & NE 5th & 6th Av-SE 4th St to NE 4th St 2,875,000 0 0 0 0 Seacrest Blvd-NE 8th St - Gulfstream Blvd-Street Reconstruct 0 0 0 0 417,000 Street Resurface/Reconstruction-yrly program 200,000 200,000 200,000 270,000 280,000 SW 14th Ave - SW 2nd St to SW 1st Street & AI leys 241,350 0 0 0 0 SW 1st Ave - SW 1st St to W. Atlantic Avenue 0 413,300 0 0 0 SE 2nd St - S Swinton Ave to FEC x-ing 0 0 348,500 0 0 SW 29th St-SW 22nd Avenue Sidewalks 284,250 0 0 0 0 Tennis Center-Clay Court Rehab 90,000 60,000 60,000 60,000 60,000 Tennis Cntr-Equipmnt Storage Enclosure 0 0 0 25,000 0 TrafficCalming-annual program 0 140,000 144,000 201,000 230,000 Veterans Park Master Plan 0 0 0 45,000 0 W Atlantic Ave Ph III, IV -12th Av - 6th Av 2,517,500 0 0 0 0 TOTALS: $9,883,325 $27,580,282 $4,043,900 $5,458,000 $2,987,873 WATER/SEWER NEW CAPITAL OUTLAY 150 KW Portable Generator (2), 100 KW (1) 0 140,790 0 0 0 ESD Fiber Optic Loop-Conduit 0 0 0 75,000 0 Greenbrier Drive Sewer -new sanitary sewer system 0 238,000 0 0 0 LIMS System for ESD Lab 0 27,000 0 0 0 Reclaimed Water Connection to Lakeview GC 390,000 0 0 0 0 Reclaimed Water Distribution/Customer Connection 165,000 165,000 165,000 165,000 165,000 SCRWTDB Pelletization Project 1,200,000 0 0 0 0 Sludge Thickener-new 525,000 0 0 0 0 Truck Acquisition 0 40,000 0 0 0 Reclaimed Water Transmission System 1,757,000 1,887,000 1,110,000 1,390,000 1,390,000 TOTALS: $4,037,000 $2,497,790 $1,275,000 $1,830,000 $1,555,000 WATER/SEWER RENEWAL & REPLACEMENT FUND ClariferRehabilitation 250,000 0 0 0 0 Crestwood Drive Water Main Upgrade 116,500 0 0 0 0 Delray Shores Neighborhood Water Main upgrades 0 0 0 0 768,700 Eldorado Lane & Sunshine Drive Water Main upgrades 0 426,700 0 0 0 Elevated Water Storage Tank Maintenance 17,000 17,000 17,000 17,000 18,700 Elevated Tank isolation valve repl. 30,000 0 0 0 0 Engineering bldg. conversion to storage 371,000 0 0 0 0 FDOT RRR -US1 frm C15 Canal 50,000 0 0 0 0 Lift Station Rehabilitation #56B, 58B, 59C, 53A, 26A 60,630 60,630 60,630 60,630 60,630 Lake Drive Water main upgrades 216,200 0 0 0 0 Large Meter Replacement Program 40,000 50,000 0 0 0 Lowson Blvd. Force Main Replacement 0 396,000 0 0 0 Meters Replacement Program 113,000 0 0 0 0 NE 8th Avenue - NE 2nd Street to NE 5th Street 0 0 0 448,500 0 NE 8th Avenue -North to Bond Way 0 0 0 86,000 0 North Lake Ida Area Water Main 0 0 469,640 234,770 0 NW 4th & NW 4th Av Water Main 0 0 593,400 0 0 CI-29 EXISTING 5-YEAR CIP TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2007-OS FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 Ocean Terrace & Coconut Row 0 0 0 0 239,200 Palm Trail Neighborhood Ph II 0 386,850 0 386,850 0 Production Well Rehabilitation 100,000 100,000 100,000 100,000 100,000 Replacement of DFS Radios-Lift Station 30,000 0 0 0 0 Replacement of DFS Radios-Water Maintenance 30,000 0 0 0 0 Sanitary Sewer Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000 SE 1st Av-SE 3rd St to E Atlantic Ave 0 0 420,900 0 0 SE/NE 5th & 6th Av - NE 4th St to George Bush Blvd 0 0 0 0 388,500 SE/NE 5th & 6th Av-SE 4th St to NE 4th St Water Main 115,000 0 0 0 0 SE 5th & 6th Av-SE 4th St to SE 10th St 0 0 388,500 0 0 Seacrest Blvd - NE 8th Street to Gulfstream Blvd 0 0 0 0 100,000 Sewer Main Rehabilitation 375,000 450,000 450,000 450,000 400,000 SW 10th Avenue - SW 2nd St to W. Atlantic Ave 0 0 0 350,400 0 SW 11th, 12th, 13th & 14th Avenue 0 0 0 0 874,000 SW 15th Av 186,900 0 0 0 0 SW 1st Avenue & SW 4th Street 0 431,000 0 0 0 SW 3rd St, 3rd Av & 6th Av 0 435,000 0 435,000 0 Valve Replacement 48,000 0 0 0 0 Volatile Organic Compounds System Upgrade 37,000 0 0 0 0 Wash Water Recovery Basin Piping 150,000 0 0 0 0 Water Service Relocations 25,000 25,000 25,000 25,000 25,000 Water Main Leak Repairs 75,000 75,000 75,000 75,000 75,000 TOTALS: $2,488,230 $2,903,180 $2,850,070 $2,719,150 $3,099,730 MUNICIPAL GOLF COURSE Other Machinery & Equipment 96,500 60,000 60,000 60,000 60,000 Debt Service Bonds 413,950 413,973 409,553 409,213 406,256 Debt Service -Cart Lease 35,500 35,500 35,500 8,900 0 TOTALS: $545,950 $509,473 $505,053 $478,113 $488,258 LAKEVIEW GOLF COURSE Other Machinery & Equipment 0 35,000 24,000 25,000 25,000 Irrigation System, Green Replacement 0 325,000 0 0 0 Debt Service Bonds 249,860 250,024 244,470 223,720 220,141 Debt Service-Cart Lease 31,610 31,610 31,610 31,610 7,900 TOTALS: $281,470 $841,834 $300,080 $280,330 $253,041 STORMWATER UTILITY Delray Swim and Tennis Center Parking Lot Drainage 75,000 0 0 0 0 General Storm Water Repairs 75,000 75,000 75,000 75,000 75,000 NE 7th Str, Harbour & Island Dr. Outfall Modification 60,000 NE 8th Avenue -North of Bond Way 0 0 0 86,000 0 Palm Trail Drainage 98,000 0 0 0 0 SE/NE 5th & 6th Av-SE 4th St to NE 4th St 0 374,000 0 0 0 SE 5th & 6th Av-SE 4th St to SE 10th St 0 0 0 431,000 0 SE 2nd St - S Swinton Ave to FEC X-ing 0 0 230,000 0 0 S Swinton Avenue @ SW/SE 4th St 0 0 0 0 186,500 Storm Water Pump Station Rehab 250,000 250,000 250,000 250,000 250,000 SW 1st Ave-SW 1st St to W Atlantic Ave 0 230,000 0 0 0 SW 8th Av - SW 11th St to SW 10th St 45,000 0 0 0 0 SW 14th Ave - SW 2nd St to SW 1st St 103,500 0 0 0 0 Seacrest Blvd-NE 8th to Gulfstream Blvd Drainage 0 0 0 0 112,500 Debt Service 53,830 0 0 0 0 TOTALS: $780,330 $929,000 $555,000 $842,000 $824,000 CENTRAL GARAGE FUND Fire Apparatus Replace Brush Truck 0 0 0 303,800 0 Fire Apparatus Replace Pumpers 470,000 0 0 559,800 0 Fire-ALS Rescue Replace 232,300 243,900 256,100 268,900 282,400 Generator-Fire Truck Shop 40,000 Office,Restroom,Mezzanine-Fire Shop 103,650 0 0 0 0 Police Dept. -Mobile Command Vehicle 0 245,675 0 0 0 SWAT Van Unit #1721 Replace 86,350 0 0 0 0 Vehicle Replacement 800,000 840,000 882,000 926,100 972,405 Vehicle Restoration 70,000 73,500 77,175 81,034 85,085 TOTALS: $1,802,300 $1,403,075 $1,215,275 $2,139,834 $1,339,890 SPECIAL PROJECT FUND -PUBLIC ARTS PROGRAM Family Recreation and Fitness Center 0 152,200 0 0 0 Miller Park 0 72,700 0 0 0 SE & NE 5th Av and 6th Av Frm SE 4th St to NE 4th St. 37,500 0 0 0 0 SE & NE 5th Av and 6th Av Frm SE 4th to SE 10th 0 0 0 30,000 0 W Atlantic Ave Ph I I I,IV -12th Av - 6th Av 32,500 TOTALS: $ 70,000.00 $224,900 $0 $30,000 $0 CI-30 PROPOSED 5-YEAR CIP TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 RECREATION IMPACT FEE Atlantic Dunes Exotic Species Repl 0 0 160,000 0 0 NW 1st Avenue Park 78,800 0 0 0 0 Oakmont Park Improvements 78,800 0 0 0 0 TOTALS: $157,600 $0 $160,000 $0 $0 BEAUTIFICATION TRUST FUND Computerized Irrigation Syst-Pks Medians 50,000 50,000 50,000 0 0 TOTALS: $50,000 $50,000 $50,000 $0 $0 COMMUNITY DEVELOPMENT FUND Hope III Acquisitions 17,330 17,330 0 0 0 Ship Program-State Grant 568,630 551,571 535,024 518,973 503,404 Western Settlers' Grant Program 55,000 0 0 0 0 Beacon Ctr -Village Program 777,310 816,176 856,984 899,833 944,825 Disaster Recovery Initiative 0 800,000 0 0 0 Planning Administration 99,960 102,959 106,042 109,223 112,499 Housing Rehab -Federal Grant 252,630 235,440 235,440 235,440 235,440 Unsafe Bldgs, Land Acqu, Bike Paths, Neighborhood Resources 137,540 150,000 163,430 143,469 125,000 Grants and Aids -Federal Grant -Economic Development 86,500 19,564 0 0 0 Neighborhood Housing 182,980 185,710 186,000 186,000 185,296 TOTALS $2,177, 880 $2, 878, 750 $2, 082, 920 $2, 092, 938 $2,106, 464 BEACH RESTORATION FUND Beach Renourishment-Fill Placement 0 0 0 7,250,000 0 Beach Tilling 0 0 0 0 15,130 Construction Surveys 46,690 47,860 49,770 51,760 53,840 Environmental Construction 0 0 265,000 265,000 68,500 Final and Construction Engineering 0 0 93,000 70,000 0 Final Engineering/ Bid and Negotiation 0 0 23,500 0 0 Other Expenses 7,050 7,050 7,050 7,050 7,050 Sea Turtles Monitoring 38,750 38,750 38,750 40,300 41,510 Update Geotech/Preliminary Study 428,500 0 0 0 0 Yearly replacement (snow fence) 8,000 8,000 8,000 8,000 8,000 TOTALS: $528,990 $101,660 $485,070 $7,692,110 $194,030 GENERAL CAPITAL IMPROVEMENTS Atlantic Dunes Boardwalk completion 0 80,000 0 0 0 Bleachers-Community Center-Replace 0 0 55,000 0 0 Block 20 Alley Improvements 110,000 0 0 0 0 Block 32 Alley Improvements 0 0 130,000 0 0 Building Maintenance Annual Program 151,800 235,800 185,800 235,800 190,800 Bus Shelters (12 shelter throughout city) 322,000 0 0 0 0 Carpet Replacement -Police Dept 0 65,000 0 0 0 City Hall A/C System Upgrade 50,000 0 0 0 0 Clay Court Rehab-Tennis Center 60,000 60,000 60,000 60,000 60,000 Computers and Related Equipment-Replacement 110,000 110,000 150,000 150,000 150,000 Disk Storage Space Increase-Finance/IT 60,000 0 0 0 0 Dixie Hwy-US 1 Connector (NE 22nd Lane-constr) 150,000 0 0 0 0 East Atlantic Avenue -resurfacing 104,000 0 0 0 0 Exchange Archiving Software-Finance/It 0 63,000 0 0 0 Family Recreation & Fitness Center Furniture & Fixtures 0 283,910 0 0 0 Family Recreation & Fitness Center-constr facility 0 11,937,580 0 0 0 Federal Highway Beautification-Phase 1 360,000 2,400,000 0 0 0 Federal Highway Beautification-Phase 2 0 0 330,000 3,300,000 0 Federal Highway Beautification-Phase 3 0 0 0 225,000 1,500,000 Fire Rescue Training Center 0 0 370,000 580,000 75,000 Fire Sprinkler & Alarm System -80 Depot Avenue- Fire 0 40,000 0 0 0 Fire Station #1 Entry and Courtyard Improvements 0 0 0 0 372,600 Fire-Station #1 Hardening Study/Const 0 0 60,000 330,000 0 Gateway Mini Parks - W Atlantic Ave-195/SW/NW 12th Ave 1,300,000 0 0 0 0 Generator Upgrade-Fire Rescue Headquarters 0 0 0 15,000 250,000 In-Car Audio Visual Cameras-Police Department 0 150,000 150,000 150,000 90,000 Internal Building Data Cabling-Replace 42,500 0 0 0 0 Laptop Computers-Police Dept-Replace 0 395,250 170,000 0 0 Livescan Software System-Police Department 35,000 0 0 0 0 Martin Luther King Drive Improvements 296,000 0 0 0 0 Mobile Vehicle Laptops-Fire-Rescue Vehicle 0 0 112,500 112,500 0 Mobile Vehicular Radio Repeaters-Fire 0 125,000 50,000 50,000 0 Motorola 3.0 Radio System-Replacement 0 6,000,000 0 0 0 Naviline Software-Finance/IT (Window based HTE) 0 170,000 0 0 0 NE 8th Ave pavement -North of Bond Way 0 0 0 0 86,000 Neighborhood Enhancements/Improvements 0 0 0 0 246,000 Office Expansion/ Parks Maintenance 0 0 105,000 0 0 CI-28 PROPOSED 5-YEAR CIP TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 Old School Square-Window Replacement 647,400 0 0 0 0 Omnitrak Latent work station equip-Police Dept 0 114,000 0 0 0 Osceola Park Improvements 394,250 394,250 0 0 0 Parking Lot Refurbish-Police Department 0 0 0 0 100,000 Pineapple Grove Sidewalks 0 0 173,000 0 0 Pocket Parks-Construction 0 0 0 50,000 50,000 Police Dept -Lobby Renovation 0 0 0 0 49,500 Police Dept - Repl Van's plafform 0 0 155,510 0 0 Railroad-Crossing Annual Rehabilitation Program 95,000 96,750 130,000 114,000 115,473 Range Ballistic Backstop-Replacement Police Dept 0 45,000 0 0 0 SE 2nd St - S Swinton Ave to FEC x-ing 0 0 0 344,000 0 Seacrest Blvd-NE 8th St-Gulfstream Blvd-St Reconst 0 0 0 0 417,000 Second Floor addition-outside Evidence Rm 0 0 0 307,500 0 Server Replacement- Software Upgrade 0 550,000 0 0 0 Shade Systems -Pompey Parks 0 0 44,000 0 0 Sidewalks/Bike Paths 0 50,000 50,000 0 110,000 Skid Car for driver training-Police Dept 0 45,000 0 0 0 Software integration Application-Police Dept. 1,197,420 0 0 0 0 Special Events Response Vehicle, new-Fire 0 0 0 0 25,000 Street Light Poles-Replacement 0 40,000 40,000 40,000 40,000 Street Resurface/Reconstruction-yrly program 75,000 175,000 175,000 175,000 175,000 SW 12th Avenue/Auburn Imprv 1,500,000 0 0 0 0 SW 14th Ave - SW 2nd st to SW 1st St & Alleys 453,700 0 0 0 0 SW 1st Ave - SW 1st St to W. Atlantic Avenue 0 0 0 0 449,500 SW 29th St-SW 22nd Avenue Sidewalks 288,000 0 0 0 0 SW 2nd Avenue@West Atlantic Signalization 330,000 0 0 0 0 Teen Center Renovation 0 50,000 0 0 0 Telemetry Installations-City Emergency Generators 0 25,000 0 0 0 Telephone System-Fire-Rescue Facility -Replace 0 0 100,000 0 0 Traffic Calming -Annual Improvements 0 0 0 230,000 Training Room Remodel-Police Dept 0 0 55,000 0 0 Veterans Park Master Plan 45,000 0 0 0 0 VMware Server Replacement 0 0 0 125,000 0 TOTALS: $8,177,070 $23,700,540 $2,850,810 $6,363,800 $4,781,873 CITY MARINA FUND Pump Out Station 44,420 0 0 0 0 TOTALS: $44,420 $0 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY ESD-Compound Screen Wall 0 125,000 0 0 0 Greenbriar Dr Sewer-new sanitary sewer sys 0 269,000 0 0 0 Lab Information Mgmt System for ESD Lab 27,000 0 0 0 0 Reclaimed Water Distribution/Customer Connection 0 150,000 150,000 150,000 150,000 Reclaimed Water Master Plan 0 0 0 0 0 Reclaimed Water Transmission System 2,100,000 1,304,294 2,350,000 2,350,000 2,327,883 Sludge Thickener (new) 800,000 0 0 0 0 Telephone System -new 0 125,000 0 0 0 TOTALS: $2,927,000 $1,973,294 $2,500,000 $2,500,000 $2,477,883 WATER/SEWER RENEWAL & REPLACEMENT FUND Block 32 Water Main Improvements 0 0 116,300 0 0 Computer Equipment annual replacement 25,500 0 0 0 0 Delray Shores water main upgrade 0 0 0 768,450 768,450 Eldorado Lane & Sunshine Dr.-Water Main upgrades 0 0 0 490,650 Elevated Storage Tank Maintenance 17,000 17,000 17,000 19,000 19,000 Federal Highway Beautification -Phase 3 0 0 0 397,000 Federal Highway Beautification-Phase 1 15,000 100,000 0 0 0 Federal Highway Beautification-Phase 2 0 0 388,500 0 Hydrant Maintenance 25,000 25,000 25,000 0 0 Internal Building Data Cabling-Replace 42,500 0 0 0 0 Laboratory Chromatography Unit Repl 55,000 0 0 0 0 Lake Drive Water main upgrades 0 216,000 0 0 0 Lift Station Rehabilitation #107,85,94A,26A 65,000 65,000 65,000 65,000 65,000 Lift Station Upgrades along Congress Ave 45,000 45,000 124,000 0 0 Lowson Blvd Force Main Replacement 0 0 310,000 0 0 NE 2nd Ave Water Main Repl 0 0 0 0 279,000 NE 3rd Aven Water Main Upgrade 0 0 86,000 0 0 NE 8th Avenue -North of Bond Way-extend Wtr Main 0 0 0 0 86,000 NE 8th Avenue-Water Main Upgrade 386,850 0 0 0 0 North Lake Ida Area-wtr main upgrade 0 469,334 235,166 0 0 NW 4th & NW 4th Avenue-wtr main upgrade 0 0 593,000 0 0 Osceola Park 100,000 850,000 0 0 0 Production Well Rehabilitation 100,000 100,000 100,000 100,000 100,000 Sanitar Sewer Main Rehabilitation 150,000 150,000 150,000 150,000 150,000 CI-29 PROPOSED 5-YEAR CIP TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 Sanitary Sewer Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000 Seacrest Blvd-NE 8th St Gulfstream Blvd-Wtr Main 0 0 0 0 35,000 SW 10th Ave - SW 2nd St to W Atlantic Ave 0 0 0 0 403,000 SW 12 & 13 Avenue Water Main 350,000 0 0 0 0 SW 1st AV & SE 4th St to SE 2nd St main upgrade 0 0 0 238,600 0 SW 1st AV & SW 4th St-wtr main upgrade 0 0 93,000 0 0 SW 3rd St, SW 3rd Ave,SW 6th Ave wtr main upgrade 0 435,000 435,000 0 0 SW 6th Street Water Main 93,000 0 0 0 0 SW14th Ave-Wtr Main upgrade 0 0 0 0 114,900 Transfer to Garage Fund (Hoist Replacement) 40,000 0 0 0 0 Utility Asst Management/Wrk Order System 150,000 0 0 0 0 Water Main Leak Repairs 75,000 75,000 75,000 75,000 75,000 Water Meter Replacement 150,000 150,000 150,000 150,000 150,000 Water Service Relocations 25,000 25,000 25,000 25,000 25,000 Water Valve Replacement 36,000 36,000 36,000 36,000 36,000 Wet Well Rehabilitation of Bldg Lift Station 70,000 70,000 70,000 70,000 70,000 WTP -Vacuum drum Filter Rehabilation 215,000 0 0 0 0 TOTALS: $2,280,850 $2,878,334 $2,755,466 $2,626,200 $2,823,350 MUNICIPAL GOLF COURSE Machinery/Equipment( <$25,000) 69,500 70,000 75,000 80,000 85,000 Other Improvements(<$25,000) 22,800 25,000 25,000 25,000 25,000 Debt Service 413,980 409,550 409,220 406,260 409,750 Debt Service-Cart Lease 35,450 35,450 8,900 0 0 TOTALS: $541, 730 $540, 000 $518,120 $511, 260 $519, 750 LAKEVIEW GOLF COURSE Debt Service-Bonds 249,900 220,140 223,720 223,291 225,390 Debt Service-Cart Lease 26,180 31,610 31,610 7,900 0 Lakeview Green Renovation Project 0 0 0 0 0 Other Machinery & Equipment (<$25,000) 5,400 5,000 5,000 5,000 5,000 TOTALS: $281,480 $256,750 $260,330 $236,191 $230,390 STORMWATER UTILITY Allen Avenue Drainage 98,000 0 0 0 0 Block 32 Alley-Drainage System 0 0 86,000 0 0 Dotteral Road-Audubon Blvd 0 0 0 0 86,000 Federal Highway Phase 1 62,000 410,000 0 0 0 Federal Highway Phase 2 0 0 0 431,000 0 Federal Highway Phase 3 0 0 0 0 454,000 General Storm Water Repairs 80,000 80,000 80,000 80,000 80,000 Lowson @ Homewood Roundabout 0 0 0 0 150,000 NE 8th Avenue from N of Bond way 0 0 0 0 86,000 S Swinton Ave @ SW/SE 4th St. 0 0 0 186,500 0 SE 2nd Street - S Swinton Avenue to FEC x-ing 0 0 0 230,000 0 Seacrest Blvd-NE 8th to Gulfstream Blvd Drainage 0 0 0 0 112,500 Storm Water Vac Con Truck 300,000 0 0 0 0 SW 14th Ave - SW 2nd St to SW 1st St Drainage 425,000 0 0 0 0 SW 1st Ave - SW 1st St to W Atlantic Ave Drainage 0 0 0 0 230,000 TOTALS: $965,000 $490,000 $166,000 $927,500 $1,198,500 CENTRAL GARAGE FUND Capital <$25,000 $44,800 0 0 0 0 Fire Apparatus Maint. Building 0 75,000 0 0 0 Fire Apparatus Replace Brush Truck 0 0 0 303,800 0 Fire Apparatus Replace Pumpers 0 0 559,800 0 0 Fire-ALS Rescue Replace 0 243,900 268,900 282,400 296,520 Hoist Replacement on Truck 420 40,000 0 0 0 0 Fire Engine Repl - 2002 Pierce 1,288,270 0 0 0 0 Police Dept. -Mobile Command Vehicle 0 245,680 0 0 0 Vehicle Replacement 762,000 784,860 850,000 1,125,000 1,150,000 Vehicle Restoration 70,000 70,500 74,025 77,730 81,620 TOTALS: $2,205,070 $1,419,940 $1,752,725 $1,788,930 $1,528,140 CI-30 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 15, 2008 AGENDA ITEM: VI.A. STATEMENT OF FINDING OF CONSISTENCY BETWEEN THE PROPOSED CAPITAL IMPROVEMENT PLAN (CIP) AND THE COMPREHENSIVE PLAN ITEM BEFORE THE BOARD The item before the Board is that of making a finding that the proposed Capital Improvement Plan (CIP) is consistent with the Comprehensive Plan. BACKGROUND The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan, to which the City Commission will commit as part of the adopted annual budget. The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review the CIB and CIP annually, prior to their adoption by the City Commission and issue a statement of consistency with the Comprehensive Plan. This responsibility is expressed in Capital Improvement Element Policies A-3.3 and A-3.4. The attached Current CIP (FY2007-08 - FY2011-12) and Proposed CIP (FY2008-09 - FY2012-13) are organized by funds, and then line items. Line items can be individual projects (i.e. Beach Renourishment), or annual allocations for repair and replacement such as "Building Maintenance" or "Vehicle Replacement". Expenditures on current projects which are not completed in the current fiscal year will "carry over" into the next fiscal year. ANALYSIS The Capital Improvement Plan is reviewed each year by the Capital Improvement Committee consisting of the City Manager, Assistant City Manager, Finance Director, City Engineer, Planning & Zoning Director and Environmental Services Director. Proposed projects are prioritized within three categories, Critical Items (must be satisfied with the current year), Mandatory Items (should be satisfied within one year) and Desirable Items (should be satisfied in a time frame greater than one year) and then budgeted accordingly within the overall 5-year program. As the CIP is compared to the Comprehensive Plan, there should be consistency with regard to the list of projects, cost estimates, and time frame. Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 2 There is overall consistency of the proposed CIP with the Comprehensive Plan. The Items contained in the Five-Year CIP are contained within the Goals, Objectives and Policies of the Comprehensive Plan. Projects listed in the CIP closely track the Comprehensive Plan, and are projected to be done within a comparable time frame. Although some projects are specifically identified, most are part of overall maintenance and improvement programs. For the purpose of this review, the CIP has been divided into major categories which relate to the elements of the Comprehensive Plan and the authorizing policies have been identified. COASTAL MANAGEMENT The CIP includes capital expenditures related to maintenance of the coastal ecosystem, including beach renourishment, dune revegetation and sea turtle monitoring. These items, which total approximately $9 million over the next five years, are funded by the Beach Restoration Fund. Expenditures are authorized by the following Objective and Policies of the Coastal Management Element: Coastal Management Element Objective A-1 The City shall continue its established and ongoing programs for the purposes of protecting, conserving, and enhancing coastal wetlands, living marine resources, coastal barriers, wildlife habitat, beach erosion control, dune protection, and sea turtle protection. A report of the status of those programs shall be prepared annually and made available to the public at the Town Hall Meeting and at City Hall. Policv A-1.3 The City shall undertake beach and dune studies as required by permitting agencies to monitor and maintain the Beach Renourishment Project. Policv A-1.5 The City shall protect sea turtles and their nesting habitat through continuation of lighting restrictions, monitoring and education programs. RECREATION The CIP includes capital expenditures related to the provision and maintenance of recreational facilities. These items, which total approximately $24 million over the next five years, are funded by the General Capital Improvements Fund, the Recreation Impact Fee Fund, the Municipal Golf Course Fund, the Lakeview Golf Course Fund and the 2004 and 2007 GO Bonds for Parks and Recreation. In addition to improvements to various city parks and recreational facilities, improvements include $12.2 million for the construction of the Family Recreation and Fitness Center and $5.6 million for improvements at Miller Park. The expenditures are authorized by the following Objective and Policies of the Open Space and Recreation Element. Open Space & Recreation Element Objective A-2 Park and recreation facilities shall be adequately and efficiently provided through implementation of the following policies: Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 3 Policv A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policv A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policv A-2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving Policy A-2.2. This mechanism shall only be one of the funding sources which are applied to meeting that policy. Policv A-2.7 As part of the preparation of redevelopment and neighborhood plans the City shall evaluate the possibility of establishing neighborhood or "pocket parks" in the area for which the plan is being prepared. The evaluation should include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces Policv A-2.14 All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. Policv A-2.15 The City shall establish an Urban Park as part of the expansion of Old School Square Cultural Center. Multiple funding sources are to be pursued and the development should be accomplished by FY 2006/07. BEAUTIFICATION The CIP includes capital expenditures related to landscape and streetscape projects. These items, which total approximately $12.1 million over the next 5 years, are funded by the Beautification Trust Fund and the General Capital Improvements Fund. Major expenditures include $1.3 million for and gateway mini-parks at West Atlantic Avenue and I-95, $8.1 million for streetscape improvements to Federal Highway and $1.5 million for improvements to the SW 12th Avenue/Auburn Avenue corridor. The expenditures are authorized by the following Objectives and Policies of the Open Space and Recreation Element and Transportation Element: Open Space & Recreation Element Objective B-1 The retention of open space areas is vital to meeting the overall themes of the Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The maintenance of vistas and enhancement of the streetscapes are objectives which shall be accomplished through the following: Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 4 Policv B-1.2 The City shall continue its on-going street beautification efforts, including programs such as Adopt-A-Tree, landscaping upgrades as part of street construction projects, and an emphasis on providing sufficient funds to maintain existing landscaping at a high level. Transportation Element Objective B-3 The accommodation of traffic, accomplished through street widening, shall not detract from the aesthetics of the community. Policv B-3.1 The City shall continue its public street beautification program, for median and perimeter landscaping. Policv B-3.2 The City shall continue to budget sufficient funds to maintain streetscapes under its jurisdiction for community aesthetics. Policv D-3.13 By 2006, the City and CRA shall establish a plan for enhancement of the US-1 corridor (NE/SE 5th Avenue and NE/SE 6th Avenue) between NE 4th Street and SE 4th Street through beautification and the provision of improved safety, parking and pedestrian circulation. HOUSING The CIP includes capital expenditures related to maintenance and improvement of the City's housing supply. These items, which total approximately $11.3 million over the next 5 years, are funded by the Community Development Fund. Major improvements include $4.3 million for the Beacon Center -Village program. The expenditures are authorized by the following Objectives and Policies of the Public Facilities Element and Transportation Element: Objective A-8 The City shall work to eliminate substandard housing conditions by providing programs to improve the structural and aesthetic conditions of its existing housing stock and neighborhoods. Most programs will be targeted to those areas that are showing the greatest signs of deterioration (those identified as Revitalization or Rehabilitation on the Residential Neighborhood Categorization Map); others will be available citywide. Policv A-8.1 Through its CDBG program, the City will continue to offer housing rehabilitation loans for the upgrading of substandard owner-occupied housing in designated target areas. Policv A-8.2 The City will participate in state and federal programs such as SHIP (State Housing Initiatives Partnership), HOME, and HOPE 3 to provide for the purchase and rehabilitation of existing housing. Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 5 UTILITIES The CIP includes capital expenditures related to improvements and maintenance of City water, wastewater and drainage facilities. These items, which total approximately $29.5 million over the next 5 years, are funded by the Water/Sewer New Capital Outlay Fund, the Water/Sewer Renewal and Replacement Fund, and the Storm Water Utility Fund. In addition to construction of upgraded water, sewer and drainage systems throughout the City, improvements include $10.4 million for reclaimed water transmission system and $600,000 for the reclaimed water distribution/customer connections. The expenditures are authorized by the following Objectives and Policies of the Public Facilities Element: Public Facilities Element Objective C-2 Upgrading of sewer and water facilities shall occur on an accelerated schedule. System upgrades shall be funded through annual appropriations in the Water and Sewer Renewal and Replacement Fund. Policv C-2.1 A study has been completed determining the total program cost of addressing remedial work needed, for wastewater lines and lift stations, to correct the problems with inflow and infiltration. The City shall allocate annual expenditures to complete the project over a 15 year time frame. Policv C-2.2 A study has been completed determining the total program cost of addressing remedial work needed to correct deficiencies in existing water lines. The City shall allocate annual expenditures to complete the project over a 15 year time frame. Public Facilities Element Objective C-3 Wastewater collection system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. Policv C-3.2 Upgrading of existing wastewater facilities shall be provided for through annual appropriations in the capital improvement program. Public Facilities Element Objective C-4 Potable water distribution system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. Policv C-4.1 Upgrading of existing potable water facilities shall be provided for through annual appropriations in the capital improvement program. Public Facilities Element Objective E-1 A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 6 identified in that program, shall be implemented with funding to come from the Storm Water Utility Fee. PUBLIC BUILDINGS & OTHER FACILITIES The CIP includes capital expenditures related to new and existing public buildings and facilities. These items, which total approximately $25 million over the next 5 years, are funded by the General Capital Improvements Fund and the Central Garage Fund. In addition to general maintenance and upgrades to equipment and systems throughout the City, improvements include $8.6 million for replacement of Fire Department and Police vehicles, $1.2 million for the a software integration application for the Police Department, $2.6 million for Police Department building improvements and equipment, and $6 million for replacement of the City's Radio System. The expenditures are authorized by the following Objective and Policies of the Public Facilities Element: Public Facilities Element Objective D-1 Provisions are to be implemented to maintain and upgrade existing public facilities to retain the acceptable level of service for the facility and to maintain the "marketability" of the facility and the City. This objective shall be met through the following policies. Policv D-1.1 The City shall continue its established program for the maintenance and repair of buildings and facilities, including such items as roof replacement and major structural repair, in a timely manner to maintain the viability of the facility. Policv D-1.2 The City shall continue its established program for the replacement of irreparable or obsolete buildings, facilities, and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. TRANSPORTATION The CIP includes capital expenditures related to maintenance and improvement of the City's transportation systems, including automotive, pedestrian and public transportation. These items, which total approximately $5.5 million over the next 5 years, are funded by the General Capital Improvements Fund. In addition to general maintenance of existing roadways and sidewalks, major improvements include $551,000 for railroad crossing annual rehabilitation program and $775,000 for Annual street resurface/reconstruction program. The expenditures are authorized by the following Objectives and Policies of the Public Facilities Element and Transportation Element: Public Facilities Element Objective E-3 The street system under the City's jurisdiction shall be maintained and enhanced to provide a uniform level of service throughout the City and provide a safe and convenient transportation network. Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 7 Policv E-3.1 The program of resurfacing streets shall be maintained with at least the current funding level. Policv E-3.3 The City shall program installation of sidewalks on an annual basis, with the goal of completing a safe and convenient sidewalk system throughout the City by the year 2005. Transportation Element Objective B-2 Travelways which are primarily used by residents (local streets) shall receive special attention in order to assure that they remain accessible to residents and provide for easy traffic flow. This objective shall be implemented through the following tasks. Policv B-2.1 The City Engineer shall evaluate intersections which have congestion on an as needed basis. An inventory shall be compiled annually, and necessary improvements funded through the street improvement capital budget of the Environmental Services Department. Items to be addressed and corrected may include the following: ^ Where restrictions to efficient traffic flow exist they shall be removed. ^ Where appropriate, turn lanes should be provided in lieu of traffic lights or four-way stops in order to accommodate turning movements without hindering through traffic. ^ Where traffic signals exist, turn arrows will be installed when warranted. ^ Where signals do not exist and equivalent traffic volumes enter an intersection, four- way stops and traffic calming devices should be considered. Transportation Element Objective D-2 Facilities which accommodate the use of bicycles as an alternative means of personal transportation shall be assessed and required during development review. Policv D-2.1 Bicycle traffic shall be accommodated in the design and construction of Collector and Arterial roadways. These improvements are to emphasize safer bicycle movements (e.g. 14 foot outside travel lanes) rather than providing separate bicycle facilities and lanes. The City, by adoption of this policy, requests that such improvements be included on all projects undertaken per Florida Department of Transportation or the County five-year road program, as well as the City's Capital Improvement Program. RECOMMENDED ACTION By motion, make a finding that the proposed Capital Improvement Plan (CIP) and Capital Improvement Budget (CIB) are consistent with the Comprehensive Plan. Attachments: • Current & Proposed CIP MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 11, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 ORDINANCE N0.42-08 (WATERI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to amend Chapter 52 "Water" of the Code of Ordinances by modifying Section 52.34, "Water Rates" to provide for changes in residential, nonresidential and irrigation rates for FY 2009. These new rates go into effect on October 1, 2008. BACKGROUND This ordinance proposes a 5% increase to capacity and commodity charges for customers in the City, and increases of approximately 5% for customers outside of the city. At first reading on September 3, 2008, the Commission approved Ordinance No. 42-08. RECOMMENDATION Recommend approval of Ordinance No. 42-08 on second and final reading. ORDINANCE NO. 42-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR CHANGES IN RATES FOR FY 2009; PROVIDING A GENER.AI_. REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water", Section 52.34, "Water Rates", subsection 52.34(B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate limits of the CitS~, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Type of Customer Residential Customer charge (per meter) Inside City Outside City 2.94 3.68 Capacity charge (charged to all ~~ 12.78 ~ 15.97 customers, per residential dwelling unit) Residential Inside City Outside City Commodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons 4~ 1.75 ~ 2.19 4,000 to 20,000 gallons 4~ 1.94 ~ 2.43 21,000 to 35,000 gallons ~ 2.14 ~ 2.68 36,000 to 50,000 gallons ~ 2.32 ~ 2.90 Above 50,000 gallons ~ 2.65 ~ 3.31 Nonresidential and Irrigation Customer charge (per meter) ~$9 2.94 ~ 3.68 Capacity charge (based upon meter size): 3/4-inch meter 4~~ 12.78 4 ~ 15.97 1-inch meter X9.39 21.32 ~~ 26.64 1-1/2-inch meter ~9 42.53 ~2 53.16 2-inch meter X4--84 68.08 S 4$3 85.10 3-inch meter ' ^~ 149.03 ,T,- ; .4T 186.28 4-inch meter 268.20 ~ '7' 335.25 6-inch meter ~4 596.02 ~~ 745.03 8-inch meter ~~ 1021.62 ~ 1277.02 10-inch meter 1617.64 ~ 2022.05 Commodity charge (all metered consumption-per 1,000 gallons) 1.94 ~ 2.43 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 2008. 2 ORD. NO. 42-08 PASSED AND ADOPTED in regular session on second and final reading on this 16`h da~~ of September, 2008. MAYOR ATTEST: CitS~ Clerk First Reading Second Reading ORD. NO. 42-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 11, 2008 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 ORDINANCE N0.43-08 (SEWERI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to amend Chapter 53 "Sanitary Sewers" of the Code of Ordinances by modifying Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge" to provide for changes in residential and nonresidential/commercial rates for FY 2009. These new rates go into effect on October 1, 2008. BACKGROUND This ordinance proposes a 15% increase in capacity and commodity charges. In addition, the ordinance includes the 21.6% rate increase approved by the South Central Regional Wastewater Treatment and Disposal Board for their charges. These increases are necessary to pay the cost of eliminating the discharge of treated sewage into the ocean and fully developing our reclaimed water system. The resulting rates will also more accurately reflect the cost of providing sewage collection and treatment. Our consultant has advised us that our water system has actually been subsidizing our sewer system in prior years. At first reading on September 3, 2008, the Commission passed Ordinance 43-08. RECOMMENDATION Recommend approval of Ordinance No. 43-08 on second and final reading. ORDINANCE N0.43-08 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, SY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COM1ViERCIAL RATES FOR FY 2009; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of sewer services on a prorated basis. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection 53.130(D), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (D) The following rates and charges shall be collected from the users of the City sewerage system: (1) Residential dwelling units. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Residential Inside City Outside City (a) Capacity charge (per residential dv`elling unit): ~9 18.04 ~~ 22.55 (b) Commodity charge (based on metered water with maximum of 12,000 gallons): 2.20 ~ 2.75 (c) South Central Regional Wastewater Treatment and Disposal Soard (per 1,000 gallons) 8~ 1.1917 ~ 1.49 NOTES: Where no water service is provided and the user is connected to the sanitary suer system, the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there will be a capacity charge as set forth above. (2) Nonresidential/commercial units. A monthly sanitary setter service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally--owned sewerage system, according to the following schedule: ORD. NO. 43-08 Nonresidential/Commercial Inside City Outside City (a) Capacity charge (per meter): 3/4-inch meter Y~:VJ 18.04 ~~ 22.55 1-inch meter ~7 30.10 3~~ 37.62 1-1 /2 inch meter 5~3 59.95 ~7 74.94 2-inch meter ~ 95.97 ~ n~ 119.96 3-inch meter 1 Q~ 210.14 ~~ 262.67 4-inch meter 9 378.12 498 472.65 6-inch meter ~4 840.35 Q1~ 1050.44 8-inch meter ~ 1441.74 ~ 1802.18 10-inch meter 10~ 2282.80 g 2853.50 (b) Commodity charge: 4~ 2.20 ~ 2.75 City per 1,000 gallons) (c)South Central Regional 8~ 1.1917 4~3 1.49 Wastewater Treatment and Disposal Soard (per 1,000 gallons) NOTE (1): For those nonresidential/commercial units where water service is not available, and the user is connected to the sanitary sewer system or suer service is available, the capacity charge will be set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. (3) Sewerage flow determination The number of gallons of monthly sewerage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a separate meter to measure the actual sewerage flow from the subject unit. A separate meter maybe used to measure actual sewerage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. ORD. NO. 43-08 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 3. 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 4. That this ordinance shall become effective on October 1, 2008. PASSED AND ADOPTED in regular session on second and final reading on this 16~ day of September, 2008. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. NO. 43-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 11, 2008 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 ORDINANCE N0.44-08 (GARBAGEI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" in accordance with the awarded contract to Waste Management, Inc. of Florida. BACKGROUND Garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. Waste collection charges are being increased for FY 2009. These rates go into effect October 1, 2008. Commercial container rates have been adjusted since first reading to correct a miscalcuation in the rates which resulted in franchise fees being overcharged. At first reading on September 3, 2008, the Commission passed Ordinance No. 44-08. RECOMMENDATION Recommend approval of Ordinance No. 44-08 on second and final reading. ORDINANCE NO. 44-08 AN ORDINANCE OF THE CITY COMMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASI~', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2009; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follow: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Qiarges for the belo~descnbed collection service shall be as follow and shall commealce when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts Monthly Service Cost Per Unit Garb Collection $3:9C 6.14 Rec c ' ~ 2.50 Yard Trash ~ 2.50 Total Fees -Contractor $~ 1$ 1.14 Cart R lacerr~ent 8~8 0.90 Administrative Fee 8~5 0.35 Franchise Fee 10% ~ 1.11 Total Fees $5:89 1$ 3.50 Rear-door Owner Container Monthly Service Cost Per Unit Garb Collection $~2 16.14 Rec c ' ~ 2.50 Yard Trash ~ 2.50 Total Fees -Contractor ~1~ 21.14 Administrative Fee ~ 0.35 Franchise Fee 10% ~ 2.11 Total Fees $~~ 2$ 3.60 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garb /Trash Collection $~-~ .14 Rec c ' ~ 250 Yard Trash ~ 2.50 Total Fees -Contractor 9.14 Administrative Fee ~ 0.35 Franchise Fee 10% 8~ 0.91 Total Fees $~A 1$ 0.40 ORD. N0.44-08 (B) Multi-Family Service Multiple-family dwelling twits containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall be based on a per unit charge. These monthly rates assume two (2) pickups per week If the amount of refuse generated requires more than two (2) pickups per week, then the third (3rd) and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection ~ 3.10 Rec c ' 9~ 2.50 Total Per Unit Fee-Contractor 9 5.60 Administrative Fee 8~5 0.35 Franchise Fee (10%) 9-3-3 0.56 Total Monthl Fees Per Unit $6.51 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. ORD. N0.44-08 (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be serviced at least once per week All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) Container Size Container Pickup Frequency (Per Week) 1 2 3 4 5 6 7 .a ..................................................... 2 Yard 3 3 7 ~~9-.9C 9 x:99 ~ Collection 43.30 86.60 129.90 173.20 216.50 259.80 303.10 D' sal 4~ 3z?5C 48-84 ~2 ~4S 9~3 11 20.35 40.70 61.05 81.40 101.76 122.11 142.46 Container Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Total Contractor Fees ~ ~$g ~1~ ~1~ ~1~ ~1~ g 83.05 146.70 210.35 274.00 337.66 401.31 464.96 Franchise Fee (10%) 4~ ~ 4&~ 4-3-40 4-34 4~ 2.49 8.31 14.67 21.04 27.40 33.77 40.13 46.50 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~3 X94 ~ ~1~ X4$9:99 ~4 X43:43 91.71 161.72 231.74 301.75 371.78 441.79 511.81 3 Yard ~ ~ ° ~ ~ ~ Collection 64.95 129.90 194.85 259.80 324.75 389.70 454.65 D' sal 24-.4 48-84 ~E 9~ 17~ 446-53 47&9-5 30.53 61.05 91.58 122.11 152.63 183.16 213.69 4 ORD. N0.44-08 Container Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 21.44 Total Contractor Fees ~4~4 ~1~ ~1~ ~1~ ~ X64 X89 116.92 212.39 307.87 403.35 498.82 594.30 689.78 Franchise Fee (10%~ ~ 4&88 459 ~ ~4 ~9C 328 11.69 21.24 30.79 40.34 49.88 59.43 68.98 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees 3 ~1~ ~1~ ~8 ~ X99:95 ~~ 128.96 233.98 339.01 444.04 549.05 654.08 759.11 4 Yard ~~9-.9C x:99 ~1~ ~1~ ~1~ ~1 Collection 86.60 173.20 259.80 346.40 433.00 519.60 606.20 D' sal 3z?5C ~ ~~ 1 2~ 1 L~ 10~ ~?~-3 40.70 81.40 122.11 162.81 203.51 244.21 284.91 Container Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Total Contractor Fees g ~1~ ~1~ ~9 ~2~ ~ ~^~6 149.51 276.81 404.12 531.42 658.72 786.02 913.32 Franchise Fees (10%~ ~ Y-J:~"~ Y~I-JV ~ 34$2 3~8 424 14.95 27.68 40.41 53.14 65.87 78.60 91.33 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~$$~3 ~1~ ,$~ ~ ~2~ e ~n 164.81 304.84 444.88 584.91 724.94 864.97 1,005.00 6 Yard ~ ° ~ ~ ~ ~g X04 Collection 129.90 259.80 389.70 519.60 649.50 779.40 909.30 D' sal 48-84 9~~ 4463 10~ ~~ ~9-3:95 X99 61.05 122.11 183.16 244.21 305.27 366.32 427.37 Container Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53 25.53 ORD. N0.44-08 Total Contractor Fees ~1~ ~1~ 3 x:99 ~4~?4g 8 7 216.48 407.44 598.39 789.34 980.30 1,171.25 1,362.20 Franchise Fee (10%) 44~~ X47 ~ 4~5 ~g ~3 21.65 40.74 59.84 78.93 98.03 117.13 136.22 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~1~ $ ~~ ~n~ ~~ ~59g~ ~ 238.48 448.53 658.58 868.62 1,078.68 1,288.73 1,498.77 8 Yard X59:9( ~1~ ~1~ ~98~6 ~2 ~398:~9 X59:45 Collection 173.20 346.40 519.60 692.80 866.00 1,039.20 1,212.40 D' sal ~~ 1 'z~ 1 Q~ X8:49 ~Z 4 455-8( 81.40 162.81 244.21 325.62 407.02 488.42 569.83 Container Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Total Contractor Fees ~1~ ~5-7-.48 ~ X84 3 2 X49 281.69 536.30 790.90 1,045.51 1,300.11 1,554.71 1,809.32 Franchise Fee (10%) ~3 ~5 3~7 488 b8:39 ~~ X34 28.17 53.63 79.09 104.55 130.01 155.47 180.93 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~1~ ~,g~g ~n~ ~ ~ g ~o 310.21 590.28 870.34 1,150.41 1,430.47 1,710.53 1990.60 Commercial Front-Load Compacting Containers Pickups Per Week 1 2 3 4 2 Yard Collection ~ 54.15 ORD. N0.44-08 D' sal ~8 76.35 Total Contractor Fee 9 130.50 Franchise Fee (10%~ 13.05 Administrative Fee 0.35 Total Fee ~ 143.90 3 Yard Collection 7 162.40 D' sal 9 228.98 Total Contractor Fee 6 391.38 Franchise Fee (10%~ ~8 39.14 Administrative Fee 0.35 Total Fee ~ 430.87 5 Yard Collection 2 ~1 135.30 405.95 D' sal 4~2 4~?9-~ 190.77 572.39 Total Contractor Fees X44 ~84~C 326.07 978.34 Franchise Fee (10%~ X9:14 X44 ORD. N0.44-08 32.61 97.83 Administrative Fee 0.35 0.35 Total Fees ~ ~ 359.03 1,076.52 6 Yard Collection ~8 649.50 D' sal ~4 915.80 Total Contractor Fees 4 1,565.30 Franchise Fee (10%~ 156.53 Administrative Fee 0.35 Total Fee ~9~9~ 1 7$ , 22.18 Commercial/Mufti-Family Rolloff Containers: Open top rolloff container $~g 225.00 per pickup plus disposal cost Compactors $~g 225.00 per pickup plus disposal cost; PLUS monthly container rental 15 Yard $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard $395.00 Excludes commercial recy~ding containers and construction/demolition debris. ORD. N0.44-08 Commercial 95-Gallon Cart Service Pickups Per Week 1 2 3 4 5 6 Collection 9C ~r.14 9 ~1~ ~ ~1 25.00 50.00 75.00 100.00 125.00 150.00 D' sal X14 ~ 3z?5C 499 4~4 10.18 20.35 30.53 40.70 50.88 61.05 Container Maintenance Fee 2.00 2.00 2.00 2.00 2.00 2.00 Total Contractor Fees ~1~ ~4-.4~ ~ ~ X93 -3 37.18 72.35 107.53 142.70 177.88 213.05 Franchise Fee (10%) 4~ X44 ~ 4~ 5:-89 3.72 7.24 10.75 14.27 17.79 21.31 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~1~ ~ ~2~ 8 7 41.25 79.94 118.63 157.32 196.02 234.71 NOTE: The foregoing rates are based on $~99 5.00 per ton ($1~8 2.35 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, X987 2008. Waste Management currently picks up individual thirty-gallon cans along Atlantic Avenue, the beach area, and Pineapple Grove. Out of a total of one hundred four (104) containers, eighty-four (84) do not have property control numbers and, therefore, the City is not charged for disposal costs by the Solid Waste Authority. Waste Management, by contract, does not charge the City for collection costs but should be paid for their disposal costs. Since the Solid Waste Authority does not reimburse Waste Management for these disposal costs, it should be the responsibility of the City to reimburse them. The City will be billed ~6~ nine thousand two hundred tllirt,~ght dollars and thirty two cents ($9,238.32) annually which will be computed as follows: Eighty-four (84) thirty-gallon containers picked up six (6) times per week ORD. N0.44-08 ' five dollars ~ 35.00 per ton disposal rate charge by SWA _ T~ dollar ,five cents ($2.35) per cubic yard Thirty-gallon container = .15 cubic yards Eighty-four (84) containers x .15 cubic yards x six (6) pick ups per week x fifty-tom (52) weeps x two dollar five cents ($2.35) = sew nine thousand two hundred tllirt~ght dollars and thirty two cents ($9,238.32) Waste Management will be picking up trash at the newly installed bus shelters. The City will be billed g 39 000. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That this ordinance shall become effective on October 1, 2008. PASSED AND ADOPTED in regular session on second and final reading on this 16~ day of September, 2008. MAYOR ATTEST: City Clerk First Reading Second Reading 10 ORD. N0.44-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 12, 2008 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 ORDINANCE N0.45-08 ITEM BEFORE COMMISSION The item is before Commission for an ordinance amending Chapter 92, "Boats and Boating," of the Code of Ordinances by amending Subsection 92.33, "Dockage Rates", to provide for a change in the rate structure and the addition of application and daily docking fees. BACKGROUND At the first reading on September 3, 2008, the Commission passed Ordinance No. 45-08. RECOMMENDATION Recommend approval of Ordinance No. 45-08 on second and final reading. MEMORANDUM T0: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: August 26, 2008 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE 45-08 ITEM BEFORE COMMISSION This item before the Commission is Ordinance 45-08 which amends Section 92.33 of the City Code regarding the dockage rates at the City Marina. BACKGROUND Ordinance 45-08 provides that a fee for the application process to obtain a dock at the City Marina as well as a fee for daily docking at the Marina may be charged by the City. The proposed fees will come before you at your September 16, 2008 Commission meeting. It is anticipated that an initial application fee of $50.00 will be charged with an annual renewal fee of $10.00 for those people who wish to remain on the waiting list. The daily docking fee is anticipated to be $60.00 per night plus tax. The Ordinance removes the fee distinction between a live aboard vessel and anon-live aboard vessel, where every vessel using the Marina will be charged one rate. The Ordinance also allows the Commission to impose additional fees in the future, if it so wishes. RECOMMENDATION Staff recommends approval of Ordinance 45-08. http://miweb001/Agendas/Bluesheet.aspx?ItemID=1401&MeetingID=151[9/12/2008 8:32:45 AM] ORDINANCE N0.45-08 and AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 92.33, "DOCKAGE RATES", TO PROVIDE FOR A CHANGE IN THE RATE STRUCTURE AND THE ADDITION OF CERTAIN FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City sets the dockage rates to be charged for the City Marina; WHEREAS, the City desires to amend the rate structure for the Marina and to implement certain application fees and daily docking fees. 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 Chapter 92, "Boats and Boating", is amended by amending Subsection 92.33, "Dockage Rates", to read as follows: Sec. 92.33. DOCKAGE RATES AND FEES. The dockage rates ~ and fees pertaining to the Marina shall be set by the City Commission and a copy of the current rates may be found in the City Clerk's Office and the Parks and Recreation Director's Office. These rates and fees may be changed from time to time as determined by the City Commission. The minimum amount charged for dockage shall be the fee for athirty-five-foot ~~~ '~~~~ ~~~~r~ boat if a boat is not currently specified on the license agreement or if a boat is listed on the license agreement and is less than thirty-five (35) feet in length. . Additional fees, including but not limited to application fees and daily docking fees, may be imposed by the City (~' nm m i eci nn Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST: MAYOR City Clerk First Reading Second Readi 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 10, 2008 SUBJECT: AGENDA ITEM 10.G1 -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 RESOLUTION N0.38-08 ITEM BEFORE COMMISSION This item before Commission is for the adoption of Resolution No. 38-08 approving the attached rules, regulations and fees for the Delray Beach City Marina. BACKGROUND The Parks and Recreation Department would like to change the dockage rate to $.70/ft/dy for all boats, whether the owners live aboard or not. It is often difficult to determine who lives on board, who spends the weekend, and who does not. Presently the rate is $.60/ft/dy for non-live-aboard and $.70/ft/dy for live-aboard. The department contacted 8 marinas and 5 did not allow live-aboard and 3 did not have a difference in rates. We would also like to raise the daily transient fee from $50.00 including tax to $60.00 plus tax. The Parks and Recreation Department would like to institute a $50.00 administrative fee with a $10.00 annual renewal fee for those people interested in remaining on the waiting list for the City Marina. This fee would apply to those already on the list, as well as any prosepctive marina slip holders that go on the waiting list. Approval of the fees and rules will be by the adoption of Resolution No. 38.08. RECOMMENDATION Parks and Recreation recommends approval of the attached rules, regulations and fees for the Delray Beach City Marina. RESOLUTION NO. 38-OS A RESOLUTION Ol=~ THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING TIIE ATTACHED RULES, REGULATIONS AND FEES FOR THE DELRAY BEACH CITY MARINA. WHEREAS, the City Con~nission of the City of Delray Seach, Florida, approves the attached rules, regulations and fees for the Delray Beach City Marina. NOW, THEREFORE, I3E IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby appraves the rules, regulations and fees as set forth in the attached documents, see Exhibit "A". PASSED AND ADOPTED in regular session on the day of , 2008. MAYOR Attest: City Clerk EXHIBIT "A" PROPQSED RATES ©ELRAY MUNICIPAL MARINA RATES MONTHLY ANNUAL RATES-$.7©!FTlDAY l=ootage bocl<age Tax Total 35 $ 735.00 $ 47.78 $ 782,78 36 $ 755.00 $ 43.14 $ 805.14 37 $ 777.00 $ 50.51 $ 827.51 38 $ 798.00 $ 51,87 $ 849.87 39 $ 819.00 $ 53.24 $ 872.24 40 $ 84D.00 $ 54.60 $ 894.60 41 $ 861.OD $ 55.97 $ 916.97 42 $ 882.00 $ 57.33 $ 939.33 43 $ 903.Oq $ 58.7D $ 961.70 44 $ 924.00 $ 60.06 $ 984,06 45 $ 945.00 $ 61.43 $1,006.43 46 $ 966.DD $ 52,79 $1,028.79 47 $ 987.00 $ 64.16 $1,051,16 48 $1,008.00 $ 65.52 $ 9,073.52 49 $1,029.00 $ 66.89 $1,095.89 a0 $1,050.00 $ 68.25 $1,118.25 51 $ 9,D71.D0 $ 69.62 $1,140.62 52 $1,092DD $ 70.98 $1,162.98 53 $1,113.00 $ 72.35 $1,185.35 54 $1,134.00 $ 73.71 $ 9,207.71 55 $1,155.00 $ 75.08 $1,230.08 ItVAITING LIST RATES $50.00 first year administration fee with a $10.00 annual fee for those people interested in remaining an the waiting list. This fee would apply to those already on the list, as well as any prospective marina slip holders that ga on the waiting fist ante the cap has been removed. TRANSIENT FEES $60.OOlnight plus tax City of Delray Beach 50 N.W. 1st Avenue Delray Beach, Florida 33444 LICENSE AGREEMCNT FOR BOAT DOCKAGE This Agreement, made the day of , 20 by and between the City of Delray Beach, Florida (Marina) as Licensor, and the undersigned owner (Owner) jointly and individually, as Licensees. Name of Vessel Overall Length Beam Draft Power Sail Passed U. S. Coast Guard Vessel Safety Check Yes No Date of Vessel Safety Check Receipt Attached Owner (s ) Residence Address City Home Telephone (~ Business Address City Work Telephone _ e-mail address State Cell State Zip 1. The term of this License Agreement shall commence the day of 20 and shall terminate the 30th day of September of each year unless the Agreement is terminated earlier upon one of the following conditions: a. By breach or forfeiture of any of the covenants or conditions of this Agreement. b. By written notice of termination by the Marina. c. By written notice of at least thirty (30) days by the Owner, accompanied by tender of unpaid fees or charges, if any. d. By the dock or Mooring facility becoming unserviceable for any reason whatsoever, including maintenance of dock area by Marina. e. In accordance with Paragraph 5 of Agreement. 2. Payable 1} first month's which is at time of signing and dockage, which as and 3) last month' Slip # Dated not applicable at renewals are: ; 2) security deposit, s dockage, which. is The dockage rate shall be at the rate established by the City Commission from time to tame. The City Commission reserves the right to change the rates at any time during this Agreement, subject, however, to giving ten (10) days' notice to the Owner prior to the time any such increase shall be effective as to such Owner. Any Owner that vacates Zip his/her dock space for a period of time, but does not terminate this Agreement, shall be required to pay the minimum monthly dockage fee. 3. The Marina, or its designee, including the U.S. Coast Guard, prior to permitting a boat to moor at the Marina, and annually thereafter, shall have the right to inspect the boat and a.nsurance documentation. The annual vessel safety check shall take place at such time as determined by the Marina and at the Marina as specified by the Director of 'arks and Recreation each year, unless the vessel has already obtained an annual safety check. By signing this Agreement, the Owner agrees to make his/her boat available for the vessel safety check at the Marina. A current vessel safety check will be provided to the City of Delray Beach on or before October 1 of each year. The Owner shall not allow the vessel safety check to lapse during the term of the License Agreement. If the vessel safety check lapses the Marina may, in its sole discretion, terminate this License Agreement upon 10 days notice to the Owner. The notice shall be deemed valid if mailed to Owner's address as lasted on the first page of this License Agreement. 4. Owner's liability insurance coverage must be of a form applicable to watercraft and approved by the City's Risk Manager, with per occurrence or per accident limits for protection and indemnity coverage of at least X500,000.00 (or as an equivalent, a X500,000.00 combined single limit). Fuel/oil spill liability coverage will also be provided in these same limits by the Owner. The Owner shall also provide hull insurance in an amount that is comparable to the value of the boat. The City of Delray Beach must be named as an Additional Insured as respects to Marina occupancy by the Owner and watercraft. A valid copy of the current insurance certificate must be on file with the City at all times. 5. The intention of the parties is to create a license far a non- commercial use of dock space only, with. Marina as Licensor and Owner as Licensee. This Agreement confers na lease-hold interest, and, is revocable at any time by Marina, in its sole discretion and with or without cause, upon native posted aboard the boat or sent to the owner at either of the addresses listed above. 6. Marina reserves the right to exclusive control over the use of dock space. Use of dock space is the personal privilege of the Owner and is not assignable nor may dock space be sublicensed. Any attempt to assign or assignment of or attempt to sublicense the dock space under this License Agreement by Owner is void, terminates this Agreement, and excuses the Marina from further performance of this License Agreement. The Marina reserves the right to sublicense the dock space during Owner's absence from the dock space. Owner shall not substitute another vessel for the above described boat without the prior written consent of the Marina. 7. Tn the event Marina, or necessary, an its sole discretion, functaans on the dock space or area, the request of the Marina. Failure its agent or contractor, deems it to perform maintenance or repair Owner shall immediately comply with of Owner to immediately comply with 2 Marina's request may result in termination of this Agreement or the removal of the beat by Marina. In the event Marina deems it necessary, in its sole discretion, to remove Owner's boat from a dock space, Marina shall not be responsible for any damage that may result to owner's property and Owner shall be responsible for any and all costs incurred by Marina for the removal of the boat. 8. All dockage fees are due by the tenth of each month. A late fee of fifty dollars 050.00) shall be imposed for those payments not postmarked by the tenth of each month. Failure to pay an outstanding balance shall constitute a breach of this License Agreement and authorizes Marina to sell the boat at a non_judicial sale or to take any other legal action or remedy available pursuant to Florida law. The marina shall have a lien and security interest in the above described boat, its appurtenances and contents for unpaid sums due it for dockage fees, damage caused to any docks, property or persons at the Marina. If suit is brought to enforce said lien, to perfect and/or collect on said security interest or to collect any amount due under this Agreement, the Owner shall have an additional liability for reasonable attorney's fees and all other costs incurred in connection herewith. 9. This Agreement is for the use of dock space only. Such space is to be used at the sole risk of the Owner. The Marina shall not be liable for the care or the protection of the boat including its gear,, equipment, appurtenances or contents. Owner represents and warrants that Owner maintains adequate hull insurance, including protection and indemnity insurance (sea paragraph 4), on the boat, its contents and equipment of whatever nature. 10. Par Florida Statue Section 327.59, Owners will not be required to remove their boats from the Marina following issuance of a hurricane watch or warning. Owners are required, however, to take reasonable steps to secure their boats for the protection of their property and the property of others following a hurricane watch or warning. These may include, but are not necessarily limited to, using extra tie lines, replacing worn tie lines, etc. After a tropical storm ar hurricane watch has been issued, the Marina may take reasonable actions to further secure any boat within the marina to minimize damage to a boat and to protect marina property, private property, and the environment and may charge a reasonable fee for .such services. The Marina may also remove a boat from its slip or take whatever reasonable actions are deemed necessary to properly secure a boat to minimize damage to a boat and to protect marina property, private property, and the environment and may charge the boat owner a reasonable fee for any such services rendered. Tn the event fees or costs are owed to the Marina under. this Agreement, the Marina may collect those fees from the security deposit and from the last month's dockage. If the security deposit or last month's dockage retained by the Marina falls below the amount set forth above, the Owner must give sufficient funds to the Marina in order to achieve the deposit amounts set forth above within 20 days of the Marina sending written notification to the Owner. The failure of the Owner to comply with this requirement may result in the immediate termination of this Agreement. 3 11. Owner for himself, heirs, personal representatives, successors, and assigns, as the ease may be, releases and holds harmless and indemnifies Marina, the City of Delray Beach, Florida, and its officers, agents, and employees from any and all liability for loss or damage to the boat, its Owner, and Owner's agents, employees, or guests, or negligence or conduct of Marina, and from any and all loss, damage, liability, legal action or claim. of whatsoever nature, rising out of the Owner's use of the facilities of the marina, the presence of the owner's boat, car, or personal property at marina, or the moving of the boat, whether loss or damages to the property owned by the Marina, or any other personal property and whether loss or damage is the result of the negligence or nonduct of the Marina. Marina disclaims all express or implied warranties, and Owner, on behalf of himself, his heirs, personal representatives, successors, and assigns, as the case may be, releases Marina from any and all liability arising out of any such warranties. 12. The Owner agrees to comply with all laws, rules and regulations pertaining to Marina operations. Failure of the Owner to comply with any such laws, rules or regulations or to pay the dockage fee prescribed within this Agreement shall result in termination of the Agreement, and the Marina may remove the vessel from its mooring at the Owner's risk and expenses and may take possession of the space and may enter into a License Agreement with another party. The rules and regulations governing the Marina are incorporated herein. 13. Breach. of this License Agreement by Owner, Owner's guests or agents, including but not limited to the violation of the rules and regulations governing the Marina, terminates this Agreement, excuses Marina from further performance and permits Marina to immediately cause the removal of the boat at the Owner's risk and expense. The Marina shall not be deemed a bailee of a vessel removed pursuant to this section. 14. No modifications to this License Agreement shall be enforceable unless in writing and executed by the City. Marina's failure to require strict performance of this License Agreement or waiver of any conditions herea.n shall not act as a waiver of rights hereunder nor be deemed a continuing waiver. 15. Owner warrants and represents that the boat will be presented for dockage and maintained throughout free of hazards that may cause danger, damage or expense to Marina or to others. The boat shall be maintained in an operable condition at all times, must be in a seaworthy condition and under its own power, or be removed from the premises. 16. The Owner represents and warrants that the Owner shall comply with the Federal Water Pollution Control Acts (33 i~.S.C. Section 1231 prohibiting discharge of oil or oily water, 33 i~.S.C. Section 1322 prohibiting discharge of untreated sewage) and aa.J.. other applicable Federal, State, County and Municipal laws and regulations. 17. This License Agreement shall be interpreted in accordance with the laws of the State of Florida and the laws of the Un~.ted States and venue shall be in Palm Beach County, Florida. If any portion of this - 4 ~- License Agreement is found null and void, the remaining portions of this License Agreement shall continue in. full force and effect. 18. The Owner, jointly anal individually, sha11 be obligated to pay and shall pay a.ll costs, including reasonable attorney's fees, incurred by Marina in non-judicial proceedings or judicial proceedings and appeals therefrom to enforce any and all provisions of this License Agreement, incuding any sums due Marina. 19. Owner hereby acknowledges that Owner has read and fully understands this License Agreement for boat dockage as well as the rules, policies, and regulations currently governing the use of dock space attached hereto and incorporated herein.. Further, Owner agrees to comply with current rules, policies and regulations ar as hereafter amended during the term of this License Agreement for boat dockage. A failure to comply with such rules, policies, and regulations shall be deemed to be a breach of this Agreement, and Marina may seek whatever appropriate rerr~edies are provided-for hereunder. The person or persons signing below does or do certify that he/she or they are the ..awful owner or owners of the vessel herein above described or are authorised to subject such vessel to the provisions of this License Agreement. WITNESSES: OWNERS} (Print or type name) (Print or type name} Date: (Print or type name} CITX OF DELRAY BEACH MARINA By: Director of Parks & Recreation Date: - 5 - City of Delray Beach 50 N.W. let Avenue Delray Beach, Florida 33444 This Agreement, made 20 by and between the Licensor, and the undersigned Licensees. Name of Vessel the day City of Delray Beach owner (Owner) jointly Beam Draft Passed U. S. Coast Guard Vessel Date of Vessel Safety Check Owner{s} Residence Address City Home Telephone ( } Business Address City Work Telephone ( ) e-mail address State Zip State Zip as as 1. This Agreement sha11 coznznence on the day of 20 and shall terminate on day of 200_ unless the Agreement is terminated earlier by the City in accordance with Paragraph 19. 2. Payable at time $ for the time deposit in the amount of of signing is the dockage fee in the amount of period as specified above along with a security The dockage rate shall be at the rate established by the City Commission from time to time. The Gity Commission reserves the right to change the rates at any time during this Agreement, subject, however, to giving ten (10) days' notice to the Owner prior to the time any such increase shall be effective as to such Owner. Any Owner that vacates his/her dock space for a period of time, but does not terminate this Agreement, shall still be required to pay the daily dockage fee. 3. The Marina, or its designee, including the U.S. Coast Guard, prior to permitting a boat to moor at the Marina shall have the right to inspect the boat and insurance documentation. By signing this Agreement, the Owner agrees to make his/her boat available far the vessel safety check at the Marina. A current vessel safety check will be provided to the City of Delray Beach prior to docking at the Marina. The Owner shall not allow the vessel safety check to lapse during the term of the License Agreement. If the vessel safety check lapses the Marina may, in its sole discretion, terminate this License Agreement upon 10 days notice to the Owner. The native shall be deemed valid if mailed to Owner's address as listed an the first page of this License Agreement DAILY DOCKING AGREEMENT FOR BQAT DOCKAGE Slip ~ Dated of Florida (Marina) and individually, Overall Length Power Sail Safety Check yes No Receipt Attached Cell 4. Owner's liability insurance coverage must be of a form applicable to watercraft and approved by the City`s Risk Manager, with per occurrence or per accident limits for protection and indemnity coverage of at least $500,000.00 (ar as an equivalent, a $500,000.00 cambined single limit). Fuel/oil spi11 liability coverage will also be provided in these same limits by the Owner. The Owner shall also provide hull insurance in an amount that is comparable to the value of the boat. The City of Delray Beach must be named as an Additional Insured as respects to Marina occupancy by the Owner and watercraft, A valid copy of the current insurance certificate must be on file with the City at all times. 5. The intention of the parties is to create a license for a non- commercial use of dock space only, with Marina as Licensor and Owner as Licensee. This Agreement confers na lease-hold interest, and is revocable at any time by Marina, in its sole- discretion and with or without cause, upon notice posted aboard the boat or sent to the owner at either of the addresses listed above. 6. Marina reserves the right to exclusive control over the use of dock space. use of dock space is the personal privilege of the Owner and is not assignable nor may dock space be sublicensed. Any attempt to assign ar assignment of or attempt to sublicense the dock space under this License Agreement by Owner is void, terminates this Agreement, and excuses the Marina from further performance of this License Agreement. The Marina reserves the right to sublicense the dock space during Owner's absence from the dock space. Owner shall not substitute another vessel for the above described boat without the prior written consent of the Marina. 7. In the event Marina, or its agent or contractor, deems it necessary, in its sole discretion, to perform maintenance or repair functions on the dock space or area, Owner shall immediately comply with the request of the Marina. Failure of Owner to immediately comply with Marina's request may result in termination of this Agreement or the removal of the boat by Marina. In the event Marina deems it necessary. in its sole discretion, to remove Owner's boat from a dock space, Marina shall not be responsible far any damage that may result to owner's property and Owner shall be responsible for any and all costs incurred by Marina for the removal of the boat. 8. All daily dockage fees shall be paid in advance of the date of usage. A late fee of fifty dollars ($50.00} shall be imposed for those payments not received by the due date. Failure to pay an outstanding balance shall constitute a breach of this License Agreement and authorizes Marina to sell the boat at a non-judicial sale or to take any other legal action or remedy available pursuant to Florida law. The marina shall have a lien and security interest in the above described boat, its appurtenances and contents for unpaid sums due it for dockage fees, damage caused to any docks, property or persons at the Marina. If suit is brought to enforce said lien, to perfect and/or collect on said security interest or to collect any amount due under this Agreement, the Owner shall have an additional liability for reasonable attorney's fees and all other costs incurred in connection herewith. 2 - 9. This Agreement is for the use of dock space only. Such space is to be used at the sole risk of the Owner. The Marina shall not be liable for the care or the protection of the boat including its gear, equipment, appurtenances ar contents. Owner represents and warrants that Owner maintains adequate hull insurance, including protection and indemnity insurance (see paragraph 4), nn the boat, its contents and equipment of whatever nature. Z0. Per Florida Statue Section ~2~.59, Owners will not be required to remove their boats from the Marina following issuance of a hurricane watch or warning. Owners are required, however, to take reasonable steps to secure their boats for the protection of their property and the property of others following a hurricane watch or warning. These may include, but are not necessarily limited to, using extra tie lanes, replacing worn tie lines, etc. After a tropical storm or hurricane watch has been issued, the Marina may take reasonable actions to further secure any boat within the marina to minimize damage to a boat and to protect marina property, private property, and the environment and may charge a reasonable fee for such services. The Marina may also remove a boat from its slip or take whatever reasonable actions are deemed necessary to properly secure a boat to minimize damage to a boat and to protect marina property, private property, and the environment and may charge the boat owner a reasonable fee far any such services rendered. Tn the event fees or costs are owed to the Marina under this Agreement, the Marina may collect those fees from the security deposit. if the security deposit retained by the Marina falls below the amount set forth above, the Owner must give sufficient funds to the Marina in order to achieve the deposit amounts set forth above within 5 days of the Marina sending written notification to the Owner. The failure of the Owner to comply with this requirement may result in the immediate termination of this Agreement. 11. Owner for himself, heirs, personal representatives, successors, and assigns, as the case may be, releases and holds harmless and indemnifies Marina, the City of Delray Beach, Florida, and its officers, agents, and employees from any and all liability far lass or damage to the boat, its Owner, and Owner's agents, employees, or guests, or negligence or conduct of Marina, and from any and all loss, damage, liability, legal action or claim of whatsoever nature, rising out of the Owner's use of the facilities of the marina, the presence of the owner's boat, car, or personal property at marina, or the moving of the boat, whether loss or damages to the property owned by the Marina, or any other personal property and whether loss or damage is the result of the negligence or conduct of the Marina. Marina disclaims all express ar implied warranties, and Owner, nn behalf of himself, his heirs, personal representatives, successors, and assigns, as the case may be, releases Marina from any and all liability arising out of any such warranties. 12. The Owner agrees to comply with all laws, rules and regulations pertaining to Marina operations. Failure of the Owner to comply with any such laws, rules or regulations or to pay the dockage fee prescribed within this Agreement shall result in termination of the Agreement, and - 3 - the Marina may remove the vessel from its mooring at the Owner's risk and expenses and may take possession of the space: and may enter into a License Agreement with another party. The rues and regulations governing the Marina are incorporated herein. 13. Breach of this License Agreement by Owner, Owner's guests or agents, including but not la.mited to the violation of the rules and .regulations governing the Marina, terminates this Agreement, excuses Marina from further performance and permits Marina to immediately cause the removal of the. boat at the Owner's risk and expense. The Marina shall not be deemed a bailee of a vessel removed pursuant to this Section. 14. No modifications to this License Agreement shall be enforceable unless in writing and executed by the City. Marina's failure to require strict performance of this License Agreement or waiver of any conditions herein shall not act as a waiver of rights hereunder nor be deemed a continuing waiver. 15. Owner warrants ,and represents that the boat will be presented for dockage and maintained throughout free of hazards that may cause danger, damage or expense to Marina or to others. The boat shall be maintained in an operable condition at-all times, must be~~in a seaworthy condition and under its own power, or be removed from. the premises. 16. The Owner represents and warrants that the Owner shall comply with the Federal Water Pollution Control Acts (33 U.S.C. Section 1231 prohib~..ting discharge of oil or oily water, 33 U.S.C. Section 1322 prohibiting discharge of untreated sewage) and a..l other applicable Federal, State, County and Municipal laws and regulations. 17. This License Agreement shall be interpreted in accordance with the laws of the State of Florida and the laws of the United States and venue shat. be: in Palm ~3each County, Florida. Tf any portion of this License Agreement is found null and void, the remaining portions of this License Agreement shal7_ continua in full force and effect. 18. The Owner, jointly and individually, shall be obligated to pay and shall pay all costs, including reasonable attorney's fees, incurred by Marina in non-judicial proceedings or judicial proceedings and appeals therefrom to enforce any and all provisions of this License Agreement, including any sums due Marina. 19. Owner hereby acknowledges that Owner has read and fully understands this License Agreement for daily dockage as well as the rules, policies, anal regulations currently governing the. use of dock space attached hereto and incorporated herein. Further, Owner agrees to comply .with current rules, policies and regulations or as hereafter az~ended during the term of this License Agreement for boat dockage. A failure to comply with such rules, policies, and regulations shall be deemed to be a breach of this Agreement, and Marina may seek whatever appropriate remedies are provided for hereunder. The person or persons signing below does or da certify that he/she or they are the lawful owner or owners o the vessel. herein above described or are authorized to subject such vessel to the provisions o this License Agreement. WITNESSES: (Print or type name) OWNER(S) (Print or type name) Date: (Print or type name) CITY OL' DELRAY BEACH MARINA By: Director o Parks & Recreation. Date: - ~ - RULES AND REGULATIONS OF THE CITY MARINA (A) A copy of these rules and regulations shall be furnished to each person, firm, or corporation having a License Agreement for dockage space in the City Marina. The rules and regulations of the City Marina are as set forth herein below. It is made a condition of the License Agreement that the aforesaid rules and regulations shall be fully complied with by any person, .farm, or corporation. 1) The rules of the road and the navigation Laws of the United States apply to all vessels in or approaching the marina. 2) Owners departing should notify the City so that proper arrangements can be made to have docks clear upon retuxn. The marina reserves the right to sublicense all docks when they are vacant. 3) Sublicensang of slips by Owners is not permitted. 4) Noise should be kept to a minimum, at all times. 5) Residents should use discretion in the operation of generating plants, main engines, and other power equipment so as not to create exceptional noise after 6:00 PM and before 9:00 AM. 6) The extent of boat repairs and maintenance at dockside as at the discretinn of the City. Major repairs wil. not be allowed. 7) Piers are to be kept clear at all tames. Storage of loose gear is not permitted. Hoses and electric lines should not cross piers. No dock boxes or any other fixtures shall be placed on piers without specific written approval of the Director of Parks and Recreation. Only one (1) dock box per slap is allowed and will be provided by Marina. 8) Pets are permitted upon approval of the Director of Parks and Recreation as long as they do not disturb other guests. They must be .leashed at all times. 9) Only boats an seaworthy condition and under their own power wall be admitted to berthing areas. 10) All boats will be required to pass a Coast Guard vessel safety check. A vessel safety check will be provided by the City of Delray Beach at such time as determined by the Marina. If' Owner does not have a vessel safety check at that time, Owner is responsible for obtaining a vessel safety check an their boat p.~-~e ~ on or before October 1. ~~,) Berths wi11 be assigzied by the Director of Parks and Recreation, or his/her duly authorized representative. 12) Tt shall also be the responsibility of Owners to keep their vessels in such condition that they do not became unsightly or dilapa.dated or reflect unfavorably on the appearance standards of the marina. 13) No refuse shall be thrown overboard. All garbage and trash shall be placed in receptacles provided. No person shall discharge sewage, oil, spirits, inflammable liquids, oily bilge, other chemicals or substances rota the basin. 14) Swimming, diving, or fishing shall not be permitted froze the docks or boats. 15) Zauz~dry of any type or any item of a personal nature shall not be hung to dry out, or air, in public view aboard any vessel. ar any pier while a dockside licensee of the marina. 16} No advertising or soliciting will be permitted on any boat. However, any boat may display a small, not to exceed one foot square, "for sale" sign. 17) It shall be unlawful for the owner, operator, or person in charge of any vessel to remove said vessel from the marina property, without permission of the City, when said vessel has a delinquency in its dockage account. 18) No fires of any kind are allowed on boats or main docks. l9) Only one (1) automobile per slip is allowed to be parked in the space in front of the Owner's slip. Additional parking spaces for Owners and their guests are available as signed at the north and south ends of the Marina. 20) Please notify the Parks and Recreation Department thirty (30) days prior to departure and provide an emergency contact address and telephone number if possible. 21) Owner's liability insurance coverage must be of a form applicable to watercraft and approved by the City's Risk Manager, with per occurrence or per accident limits for protection and indemnity coverage of at least $508,000.00 (or as an equivalent, a X500,008.00 combined single limit). Fuel/oil spill liability coverage will also be provided in these same limits by the Owner. "I'he Owner shall also provide hull insurance in an amount that is comparable to the value of the boat. The City of Delray Beach must be named as an Additional Insured as respects to Marina occupancy by the owner and watercraft. A .valid copy of the current insurance certificate must be on fife with the City at all times. 22) Trailers of any type are not allowed to be stored or parked on Marina property. 23) No boat longer than fifty-five t55) feet will be allowed to dock at the municipal Marina. 24) dueling boats is not allowed at the municipal Marina. (B) Any suggestions or complaints should be brought to the attention of the Parks and Recreation Department. The City, or its representative, may ~--a-ne~ terminate the ~-a~e License Agreement and order any vessel to vacate, immediately, the space said vessel is occupying for the violation of any of the marina's rules or regulations. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: September 5, 2008 SUBJECT: AGENDA ITEM 10.H. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 DEVELOPMENT AGREEMENT/VISTA DEL MAR, L.L.C ITEM BEFORE COMMISSION The attached Development Agreement prepared in accordance with Sections 163.3220-163.3243, Fla. Stat., if approved, will settle two (2) pending cases between Vista Del Mar, LLC and the City of Delray Beach. BACKGROUND The proposed Development Agreement provides in Section 4 on Page 4, that upon the effective date of the Agreement, the owner (Vista Del Mar), shall file a notice of voluntary dismissal in the Circuit Court dismissing both the Circuit Court lawsuit for Declaratory and Injunctive Relief filed in 2006 and the Writ of Certiorari that was remanded to the City Commission for rehearing in 2006 and is still pending. The Agreement provides that in exchange for the dismissal of these lawsuits, the City will allow Vista Del Mar to build a hotel at 64 S. Ocean Blvd. as depicted on the Class V Site Plan attached to the Agreement as Exhibit "B" subject to all permitting requirements. The Site Plan provided proposes a 70- room hotel with a snack bar and a 50-car parking garage. The plan proposed is similar to what the City's Site Plan Review and Appearance Board ("SPRAB ") approved in August, 2001 (attached as Exhibit "C"), except that the traffic circulation has been changed from 2 ways to 1 way with the entrance on Ocean Blvd. and exit on Salina Avenue, the parking garage has been reduced by ten (10) spaces, a snack bar has taken the place of the restaurant and the facade has been changed to provide a more pedestrian-friendly appearance in order to accommodate the covered walkway resulting in a slightly different appearance than what was originally approved by SPRAB. The Agreement provides in Section S.B. on Page 4 that Vista Del Mar will have two (2) years from the effective date of the Agreement to obtain the first building permit and five (5) years from the effective date of the Agreement to obtain all certificates of occupancy and/or final inspections. It also provides in Section S.I. on Page 7 that the property shall be developed in accordance with all required permits and in accordance with all applicable provisions of the City's Comprehensive Plan and LDRs in effect on August 8, 2001. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. HOTEL VISTA DEL MAR A. History and Current Status of Hotel Proiect On October 3, 2000, Petitioner filed a series of site plan applications for the Hotel Project with the City. The first site plan called for the demolition of the existing 20 room motel to be replaced with a 103 room residence hate! with 2 restaurants and a 110 car automated 2 level parking garage. Petitioner subsequently modified its plans and, by 2001, the Hotel Project proposal called fora 71 suite luxury hotel and a 51 car parking garage. SPRAB expressed concerns regarding the relative mass of the building, but nevertheless, SPRAB voted to approve the Hotel Project with conditions a# its August 8, 2001 meeting. Currently, the proposed plans are similar to the plans SPRAB approved in 2001, with minor modifications including: there are 70 roams, a snack bar instead of a restaurant, a change in the circulation of traffic from 2 ways to 1 way with the entrance on Ocean Blvd. and exit on Salina Avenue and a 52 car parking garage. Also, the pool has been removed. Further, as a result of the Treasure Coast Regional Planning Council's suggestions, a covered walkway has been provided to give a more pedestrian-friendly appearance, which resulted in same additional modifications to the upper levels in order to be consistent therewith, resulting in a different window design and a slightly different facade. B. History of Court Cases 1. Petitioner Appears Before the City Commission. At the October 2, 2001 hearing, Petitioners presented a modified plan which eliminated a single stack of rooms on the northeast corner of the building, leaving a 10' wide opening between the building and the north property line on the upper floors. After hearing all of the testimony, and based on the entire record, the City Commission voted 3-2 to grant the appeal, thereby denying the project. 2. Petitioner Files First Writ of Certiorari and Court Enters Order. Petitioner subsequently appealed the City Commission's vote granting Boston's appeal to the Fifteenth Judicial Circuit Court, Appellate Division, by filing a Petition for Writ of Certiorari. In June, 2003, the Court granted Petitioner's Petition for Writ of Certiorari, holding that the City .Commission's failure to follow its own rules with regard to fact- finding had resulted in a miscarriage of justice. Further, the Court stated, "We note that Boston's appeal remains pending. However, if the City Commission's composition has changed since the orders .appealed, the appeal should be considered de nova." Page 2 3. Events Leading up to Petitioner's Second and Third Writs of Certiorari. (a) Petitioner modifies site plan, Boston's appeal is still pending. In December, 2003, without seeking a de novo review by the City Commission in accordance with the Court's Order of June, 2003, Petitioner submitted a Class II site plan to the City's Planning and Zoning Department for approval. The City's Planning and Zoning Department processed the Class II modifications under the incorrect assumption that the City had lost the court case and that, as a result, the site plan that was approved with conditions by SPRAB on August $, 200'[, had been fully reinstated. This was incorrect because the Court ordered a remand in a de novo proceeding before the City Commission. The City's Planning and Zoning staff made the incorrect assumption that the City lost the lawsuit based upon incorrect representations by Robert Currie, Architect and Agent for Petitioner. Mr. Currie incorrectly stated, "as you are aware the City iost its case and that gives the owner the right to do what the SPRAB had originally approved.„ (b) SPRAB Meeting of February 11, 2004. On February 11, 2004, the Hotel Project went before SPRAB for Class II Site Plan Modification approval pursuant to LDR Section 2.4.5(G}(1 }(b}. SPRAB voted 6-1 to table the Class II site plan modifcations. (c} City Received Request for Appeal to the City Commission on February 14, 2004. On February 11, 2004, Harvey Oyer, Esq. submitted a Request for Appeal regarding the "Pending Site Plan, Hotel Vista Del Mar; 64 South Ocean Boulevard, Delray Beach, Florida" to the City Clerk's Office on behalf of his client, Don Robinson, an adjacent property owner. Additionally, Mr. Oyer explained that the appeal was filed to challenge the Administrative Interpretation of the Planning and Zoning Director, Paul Dorling, with regard to the Hotel Project as, "we fait that the Class II site plan that was submitted by Vista Del Mar, should have been treated as a new Class IV site plan, due to the Court's Order that remanded the prior site plan to the City Commission for further proceedings, which have not yet occurred". (d} City Commission Meeting of April 13, .2004. On April 13, 2004, the City Commission conducted aQuasi-Judicial Hearing on the Appeal of the Administrative Interpretation of Paul Dorling, Director of Planning and Page 3 Zoning for the City of Delray Beach.. The City Commission voted 5-0 to grant the appeal stating that Applicant had three (3) options: (1) seek review of the Site Plan. before the City Commission in a de novo proceeding per the Court Opinion, {2) submit the proposed modifications to the Site PEan to 5PRA6 as a Class N Site Plan, or (3) abandon the. Site Plan that was the subject of the {original} Writ of Certiorari to the Circuit Court and proceed to submit a new Site Plan to the Site Plan Review and Appearance Board. (e} Petitioner Files Second Writ of Certiorari and Court Enters Order. Petitioner appealed the decision of the City Commission and all alternatives suggested by them at the City Commission meeting of April 13, 2004 to the Fifteenth Judicial Circuit Court, Appellate Division, by filing a Second Writ of Certiorari. In January, 2005, this Honorable Court granted Petitioners Petition for Certiorari, holding that, The composition of the Commission changed and therefore, the appeal is to be heard de novo pursuant to this Court's earlier opinion. The City Commission should either hold a de novo review of the appeal or dismiss for failure to prosecute, if no action is taken after a hearing is set. (f} Petitioner Files Third Petition for Writ of Certiorari in Fourth District Court of Appeal. On or about March, 2005, Petitioner filed his third Petition €or Writ of Certiorari, this time in the Fourth District Court of Appeal. The Fourth District Court of Appeals rendered an Order on March 17, 2005 denying Petitioner's Writ. 4. Events Leading up to Petitioner's Fourth Petition for Writ of Certiorari Regarding. Hotel Project. (a) City Commission hears Boston's appeal at its meeting of December T, 2Q05. On December 7, 2005, the City Commission conducted aquasi-judicial de novo hearing on Boston's appeal of the site plan approved toy SPRAB at its August 8, 2001 meeting. Ultimately, the Gommission voted 5-0 to approve Boston's appeal, thereby denying the August 8, 200.1 SPRAB approval of the Petitioner's site plan based upon findings of fact made on the record. (b) Petitioner files Fourth Writ of Certiorari and Court enters Order. Page 4 Petitioner appealed the December 7, 2045 decision by a Writ of Certiorari to the Fifteenth Judicial Circuit Court Appellate Division, which remanded the case to the City Commission, stating in its July 11, 2006 Order that, The Commission is limited to the existing original record and is not permitted to allow new evidence at a new evidentiary hearing. As the SPRAB is a board charged with approving proposed site plans, it is an approval board. A review of SPRAB actions, therefore, would be by the Commission and limited to the existing original record. 5. The City Commission then voted to approve ordinance 49-Ofi which changed its appeal provisions under Sec#ion 2.4.7{E) to provide that Appeals should be conducted as new evidentiary hearings via de novo review and not limited to the record below. 6. Petitioner then filed a Complaint in the Circuit Court requesting declaratory and injunctive relief challenging the consistency of the City Commission's development order denying the application with the City's Comprehensive Pian. 7. The proposed Development Agreement would settle both the pending Writ of Certiorari case which was remanded on .luly 11, 200fi to the City Commission for rehearing and the Circuit Court case filed in 2006 for Declaratory and Injunctive Relief. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: SEPTEMBER 8, 2008 SUBJECT: REGULAR MEETING - SEPTEMBER 16, 2008 CONSIDERATION OF A DEVELOPMENT AGREEMENT TO SETTLE TWO (2) PENDING CASES BETWEEN VISTA DEL MAR AND THE CITY OF DELRAY BEACH. ITEM BEFORE COMMISSION The item before the City Commission is consideration of a developer's agreement to settle two (2) pending cases between Vista Del Mar and the City of Delray Beach. Attached to the development agreement is a site plan, landscape plan and architectural elevations for Hotel Vista Del Mar. The subject property is located approximately 300 feet south of Atlantic Avenue on the west side of South Ocean Boulevard (State Road A-1-A). BACKGROUND The Vista Del Mar development proposal was considered by the Site Plan Review and Appearance Board (SPRAB) on June 20, July 11, and August 8, 2001. The development proposal included the demolition of the Bermuda Inn, a 20 room, two-story motel (constructed in 1968) along with the associated pool and parking. The new hotel had a total of 70 rooms and a private gym/spa. A 1,333 sq. ft. restaurant component and the rooftop pool were eliminated from earlier plans. There were a total of 50 parking spaces accommodated within the building on the ground floor and below grade. There were six floors, including the sub-grade parking level and the structure will have an overall height of 48 feet. During the initial SPRAB consideration staff expressed concerns relating to height, loading, parking layout, and general compatibility of the proposal. There was public testimony in opposition to the request. The objections mainly related to the size and mass of the proposed structure. In addition, concerns with the zero setback at the northeast corner of the site and its potential impacts on the redevelopment of the property to the north were noted. Future redevelopment of the site (Boston's Restaurant) with a similar zero setback would potentially block the ocean view for 1/2 of the proposed hotel rooms. In light of that, significant future opposition would be anticipated from the new hotel owners. The Board discussed these points at length and during discussions, it was acknowledge that the proposal did meet the current regulations which allows a zero setback. At its meeting of August 8, 2001 SPRAB approved the Class V site development plan, waivers, landscape plan and architectural design elements associated with Hotel Vista Del Mar. A complete analysis of the proposal is found in the attached August 8, 2001 SPRAB staff report. On August 20, 2001, SPRABs action was appealed by Michael Weiner, attorney for Mr. Perry DonFrancisco owner of Boston's Restaurant (property immediately to the north). The basis of Vista Del Mar -September 8, 2008 the appeal was that the actions taken by SPRAB were inconsistent with the Comprehensive Plan, LDRs and the Laws of the State of Florida. The relief being sought was to reverse the approval of the site plan, landscape plan and architectural elevations. The appeal was heard by the City Commission on September 4, 2001. The Commission upheld the appeal and the project was denied. At its September 18, 2001 meeting, the City Commission voted to reconsider the appeal. This reconsideration was based on revisions to the site plan which attempted to address the major issues of the appeal. The City Commission considered the revisions and again upheld the appeal. The applicant then sued the City and the history of this legal activity is outlined in the attached Assistant City Attorney brief. Since that time the City requested the Treasure Coast Regional Planning Council to assess the redevelopment potential of this site along with two other sites. They issued a report dated June 13, 2006 which is attached. The applicant has made some revisions to address some of the recommendations of that report and these revisions are attached to the development agreement and are summarized below. ANALYSIS OF THE REVISED PLANS The Treasure Coast recommendations focused on the interaction of the building with the street- scape along A1A and recommended it be more pedestrian friendly. The development proposal has modified the elevations, lobby layout and introduces a small snack bar function with related outside seating to address this issue. Additional changes to the elevations are proposed primarily consisting of additional offsets for upper floors along the east elevation, changes to exterior building materials, and changes to window types and related awnings on the north and south elevations. Modifications to the site's traffic flow to a one way in, (A1A), and one way out, (Salina Avenue) is proposed. Additional internal modifications include modifications to the ground floor to extend the portion of the building located on the north lot line to accommodate a larger lobby check in area, office areas, and expansion of the ramp area of the garage. RECOMMENDED ACTION Approve the development order and the attached site plan, landscape plan and architectural elevations for Hotel Vista Del Mar. 2 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 8, 2001 (Continuation from July 11, 2001 meeting) AGENDA ITEM: Iv.c: ITEM: Class V Site Plan, Landscape Plan and Architectural Elevations for Hotel Vista Del Mar, Located on the West Side of South -Ocean Boulevard (S.R. A1A), Approximately 300' South of East Atlantic Avenue. GENERAL DATA: Owner ............................................ Applicant ........................................ Agent ...................................... Location ......................................... Property Size ................................. Future Land Use Map .................... Current Zoning .............................. Adjacent Zoning ...................North: East: South: West: Existing Land Use ......................... Proposed Land Use ....................... Water Service ................................ Sewer Service ............................... Eugenia Kerstin, Trustee Louis Capano Robert Currie, Architect Robert G. Currie Partnership West side of South Ocean Boulevard {S.R. A1A), approximately 300' south of East Atlan#ic Avenue. 0.412 Acre Commercial Core CBD (Central Business District) CBD OS (Open Space} RM (Multiple Family Residential- Nledium Density) RM Two-story motel with pool Demolition of existing motel and construction of a 5-story Hotel (48' high to roof deck), with 70 rooms, 50 parking spaces, private gymispa and associated landscaping. Existing on site. Existing on site. DORCHESTER CD-OP THauAS srneET ~~ a BERKSHIRE Q ~ B Y 7HE SEA ~ GROSVENOR O z r s~REeT MANOR HOUSE coNDD FlRE STA. GROVE No.2 CONDD q ~ rc ~ 4 0 ~ a SPANISH DELRAY BEACH RIVER MARRIOTT RESDRT ;4TLA NTIC AVE . ~ 4 n sTREEr ® C a DOVER HOUSE CONDO ~, y OCEAN PLACE ~ ~ CONDO O O ~-^ONUT RO'M U ~ ._ JARDIN DEC MAR ~ ~ CONDO U o ocFUa ism. o ,., $ T, WINDEMERE HOUSE CONDO BAY 57REE'f CANlKA! V1LLA5 CONDO , r LANCER WAY I~ IV.C. ITEM BEFORE TH`»E BOARD The action before the Board is that of approval of a Class V site plan which incorporates the following aspects of the development proposal for Hotel Vista Del Mar, pursuant to LDR Section 2.4.5{F): - Site Plan; ^ Landscape Plan; and, ^ Elevations. The subject property is located on the west side of South Ocean Boulevard {A-1-A), approximately 300 feet south of Atlantic Avenue and is zoned CBD {Central Business District). BACKG>ROUND The subject property consists of Lats 6-10, of the Ocean Park subdivision and is approximately 0.41 acres in size. The site currently contains the Bermuda Inn, a 20 room, two-story motel (constructed in 1968}, with a pool and associated parking. The parcel was zoned LC {Limited Commercial) until it was rezoned to CBD {Central Business District) with the Citywide Rezoning associated with the adoption of the Land Development Regulations in 1990. At its meeting of June 20, 2001, the Site Plan Review and Appearance Board reviewed the site plan approval to demolish the existing motel and to construct a new hotel to be known as Ho#e[ Vista Del Mar. Staff presented the item and noted that revised plans were submitted the day of the meeting addressing many of staffs comments, except building height, loading, and compatibility. The Board also had concerns with the compatibility of the project with the properties to the north and west. Revised plans have been submitted and are now before the Board for action. PROJECT I]fTSCRIPTION The new hotel has a total of 70 rooms, a private gymispa, a rooftop swimming pool and a 1,297 sq. ft. restaurant. There are a total of 56 parking spaces accommodated within the building on the ground floor and below grade. There are six floors, including the sub-grade parking level. The building is 48 feet in height. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. Building Setbacks: Pursuant to LDR Section 4.4.13(G}(2)(a} Setbacks, within this portion of the CBD zoning district, a front setback of not less than 5', nor greater than 10' shall be provided. As the property fronts on two streets, it is considered a double frontage lot. The proposed hotel is setback 5' from both Ocean Boulevard and Salina Avenue, thus mee#ing this requirement. Vista f7el Mar Standards for Site Plan Actions Normally, a side interior se#back is not required when there is dedicated access to the rear of the building. However, pursuant to LDR Section 4.6.4(A)(1) Commercial Zoning Ad'lacent to Residential Zonino, a 10' setback is required where the rear or side of a commercially zoned property directly abuts residentially zoned property without any division or separa#ion between them. Since the adjacent property to the south is zoned RM, a 10' side setback has been provided. Since the property to the north is also zoned CBD, a side setback has not be provided along the north property line. Based upon the above, the building setback requirements have been met. Building Height: Pursuant to Section 4.3.4{K), within the CBD zone district, a maximum building height of 48' is allowed. The hotel has a height of 48' to the flat roof deck. Appurtenances, usually required to be placed above the roof level of a building and not intended for human occupancy, may be allowed to extend above the height limitations when approved by ac#ion of the Site Plan Review and Appearance Board. This provision allows for elevators, stair towers, cooling towers, and mechanics! equipment to be placed on the roof. The design of the building is such that there are three towers and a lower mechanical equipment area which project above the 48' high roof deck. The towers, which accommodate two sets of stairs and the elevator shafts; reach a height of 58'-6" to the mid line of their roofs. Although the height of the mechanical equipment area has not been indicated on the plans, it is not visible above the parapet wall on the building elevations. The height of this area must be shown on the plans. This has been added as a site plan technical item. A parapet wall and decorative blue metal railing is provided around the roofline of the building. Open Space: Pursuant to LDR Section 4,4.13{F)(2) Open Space, within the CBD zone district east of the Intracoastal Waterway, there shall be no minimum open space requirement. Notwithstanding the provisions of this section, the body acting upon a development application within the CBD may require that open areas, including bu# not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. It is noted that some landscaping has been provided adjacent to Ocean Boulevard and Salina Avenue as well as along the south side of the building. Parking: Pursuant to LDR Section 4.6.9{C)(7){e), hotels and motels are required to provide 0.7 spaces for each guest room plus 10 spaces per 1,000 sq. ft. of floor area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. However, pursuant to LDR Section 4.4.13(G)(1){d), within the CBD zone district, restaurants require 6 spaces per 1,000 sq. ft. of floor area. The parking requirement has been met as 56 spaces are required [70 room x .7lroom + 1,297 sq. ft. restaurant11,000 x fi = 57 - 1 space reduction = 56] and 56 spaces (37 standard spaces, 16 compact spaces and 3 handicapped spaces) have been provided. Handicapped Parking: Based on the total number of parking spaces provided, three handicapped accessible parking spaces are required and three have been provided, thereby meeting the requirement. 2 Vista Del Mar Standards for Site Plan Actions Dead-end Parking Bays: Pursuant to LDR Section 4.6.9.(D)(4)(c), Dead-end Parking Bays, a 24' wide by 6' maneuvering area is required at the end of dead-end parking bays. The maneuvering area provided on the sub-level parking floor meets this requirement. Loading; Pursuant to LDR Section 4.6.10(D}(1 ), single unit loading spaces must be 12' x 30' with a 30' maneuvering apron and 12' of vertical clearance. The loading space provided is only 11'-3" wide. The loading space is located between a parking space and a column which both extend behind the loading space. Even though there is 32'-4" behind the space, the configuration reduces the maneuvering area to only 24', since the vehicle cannot be turned until it is clear of the adjacent obstructions. Documentation must be provided that the loading space as shown on the plan will accommodate the types of vehicles expected to service the hotel or the design must be changed to provide the required size space and maneuvering area. This has been attached as a condition of approval. Hotels between 20,000 and 100,000 sq. ft. shall provide 2 loading spaces. The applicant proposes to provide only one loading space. The body approving the site plan shall determine the adequacy of the provisions which are made for (un)loading. The applicant has submitted the following statement: "Based on the requirements of the hots! operator, and our experience, vie are of the opinion that for this project, one wi!! be sufficient. The time of loading operations wi!! be controlled to limit the impact on the guests and genera! public." In additional to the one loading space provided, other opportunities for loading and unloading exist on the site. Smaller delivery vehicles can park in the garage to make deliveries or utilize the drop-off area in front of the building. Based on these factors, one loading space should be adequate for the facility. However, It is Important that the project's impact on Salina Avenue be minimized for compatibility with the residential developments fronting Salina Avenue. Therefore, no loading or unloading of vehicles, except trash pickup, is permitted on Salina Avenue. This has been added as a condition of approval. Drop-off Area and Stacking: Two drop-off spaces have been provided in front of the hotel lobby. The applicant has provided a #raffic statement dealing with the adequacy of this drop-off area. The analysis indicates that the maximum number of trips entering the hotel requiring check-in and baggage drop-off would be 70 per day, assuming a dally turnover of all hotel rooms. Since the usually check in time is between 2:00 p.m. and 8:00 p.m., an average of 12 trips during aone-hour period would require drop-off parking, Since there are two spaces, 6 vehicles per hour could be accommodated in each space. This allows ten minutes for unloading and parking per vehicle, which should be adequate. Since there is no stacking provided for the drop-off area, in the event that both spaces are taken, a vehicle would by-pass the drop-off area and ei#her use the loading space in the garage or park in a regular parking space before checking in. Although the drop-off area is adequate for check-in and baggage drop-off, it is not large enough to operate a valet queue to park vehicles for customers of the restaurant and surrounding businesses. If a valet queue is established at this location, it may only be for guests of the hotel. This has been added as a condition of approval. 3 Vista Del Mar Standards for Site Plan Actions Point of Access: Pursuant to LDR Section 4.6.9(D}(3)(a}, the point of access to a street or alley shall be a maximum of twenty-four feet (24') unless a greater width is specifically approved as a part of the site and development plan. The main access drive in front of the building is 32' wide. The additional width allows vehicles to pull directly into the drop-off area with minimal conflicts and should be approved. Visibility at Intersections: Pursuant to LDR Section 4.6.14(A), a visibility triangle is required at the intersections of roads (corner lots} and driveways. An unobstructed view within this triangle visibility must be provided between the heights of three-feet and six-feet. The required visibility triangle at the intersection of two streets is 40' and 20' at driveways. The purpose of the triangle is to provide a sufficient line of sight for drivers to spot oncoming traflc. These triangles are required for walls, fences, and landscaping. The visibility triangles at the garage entrances is approximately 5' on Salina Avenue and 7' on Ocean Boulevard, where 20' is required. A waiver to this requirement has been requested. 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 signi#icantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The building setback on Salina Avenue and Ocean Boulevard is 5'. Since the driveway entrances immediately enter the parking garage, the building columns on either side of the entrance encroach into the required 20' visibility triangle. Salina Avenue is a narrow roadway which dead-ends approximately 950' south of the subject property. The 5' visibility triangle provided is adequate given the low speed and limited traffic on this roadway. In reality, visibility is only an issue for the exit lane of the garage. The primary turning movement will be to the right (north) upon exiting the garage and the visibility triangle from the exit lane to the left is 20'. Additionally, the driver's position on the left side of the vehicle and openings in the building walls on both sides of the entrance provide much greater visibility as vehicles approach the exit. The visibility triangle for Ocean Boulevard is 20' except for the encroachment of two major columns which reduce it to 7'. However, from the driver's position in the vehicle, the actual visibility triangle for the exit lane is approximately 16' to the right {south) and over 20' to the left {north). Alsq there is an additional 12' between the property line and the travel lanes for Ocean Boulevard. Given these conditions, the T visibility triangle on Ocean Boulevard is adequate. The waiver will not affect the delivery of public services, and will not create an unsafe situation with respect to public safety. Similar circumstances an other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2,4.7(8){5), can be made. Sidewalk: Pursuant to LDR Section 6.1.3(8), a sidewalk is required to be constructed in the right-of-ways that abut the subject property line. This would apply along Ocean Boulevard and Salina Avenue. A 5` wide sidewalk exists along Ocean Boulevard but no sidewalk exists along Salina 4 Vista Del Mar Standards for Site Plan Actions Avenue. Pursuant to LDR Section 6.1.3(D}(2), where it is clear that the sidewalk will not serve its intended purpose, the requirement for installation of a sidewalk adjacent to the property being developed may be waived during site plan or plat approval. The applicant has requested a waiver from the installation of a sidewalk along Salina Avenue on the basis that there is no ability for an extension of the sidewalk to the north or south. 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; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant ar owner. Back-out parking exists along both sides of this roadway and there is not roam to install a sidewalk within the existing right-ofi way. Without a reasonable expectation that the sidewalk could be extended on either side, the sidewalk would not fulfill its intended purpose. Therefore, it is inappropriate to provide a sidewalk along Salina Avenue. The waiver will not affect the delivery of public services, and will not create an unsafe situation with respect to public safety. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7{B)(5), can be made. Reduction in Right-of-Way Width: Pursuant to LDR Section 5.3.1(D), the required right-of-way width far Salina Avenue is 60' and a 21.43' right-of way currently exists. Pursuant to LDR Section 5.3.1(D)(4}, a reduction in right-of- way widths for existing streets may be granted by the City Engineer upon favorable recommends#ion from the Development Services Management Group {DSMG). The DSMG recommended that reductions in right-of-way width for Salina be granted. Site Lighting: Pursuant to LDR Section 4.6.8, site lighting must be provided within the proposed parking area. However, the location of the project also requires compliance with Section 91.51 of the City of Delray Beach Code of Ordinances, Lighting Restrictions Along Beach stated as follows: "No artificial light shall illuminate any area of the beach which is used for turtle nesting and hatchlings. In order to accomplish this, a!1 lighting shall be shielded or screened so fhaf the light is not a visible source from the beach during the night period from April 1, to October 31 of each year. "Night Period" is defined herein as being that time from dusk fo dawn. " The location of this project requires that a complete lighting plan for the building indicating the location and fixture details for all lighting sources which could be visible from the beach be provided. This includes interior fixtures which could be visible through windows or other building openings. Details of measures that will be taken to screen the lighting must also be provided. Section 9.1 of the Palm Beach County Unified Land Development Code should be used as a guide for mitigation measures to screen lighting sources. The provision of this plan and mitigation details has been added as a condition of approval. 5 Vista Del Mar Standards for Site Plan Actions Trash Compactor: An enclosed trash compactor area with atoll-down gate is provided under the building on the first floor. Trash pick-up will be from Salina Avenue via the roll-down gate. BFI has approved the configuration. To minimize the impact on the residential properties to the west, the enclosure area will be deodorized and air conditioned. This has also been added as a condition of approval. A trash chute system will be utilized to dispose of trash from within the hotel and a secondary access door, located on the side wall of the enclosure will be utilized to dispose of trash and garbage from the first floor lobby and restaurant. Bike Rack: Pursuant to LDR Section 4.6.9{C)(1){c}{3), bicycle parking facilities shall be provided in the designated area and by a fixed or stationary bike rack far any non-residential use within the City's TCEA. The subject property is located within the TCEA area, and a bike rack has been indicated in front of the building on Ocean Boulevard. Coastal Construction Control Line: A DEP permit will be required for construction of the sub-grade parking garage which extends eastward of the Coastal Construction Control Line. This has been added as a condition of approval. Existing Site Conditions: The survey indicates that the buildings to the south encroach into the subject property by 3/a'. This encroachment will need to be accommodated in the final design of the hotel. Additional encroachments by an air conditioning unit and electrical box will also need to be addressed. The applicant will need to notify the property owners of these encroachments and the need for their removal andlor relocation prior to construction. Site Plan Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need be addressed prior to issuance of a building permit. ~ . Provide the exfiltration trench percolation test results; 2. Provide documentation that the Salina Avenue drainage system has adequate capacity to handle the additional stormwater flaw; 3. Provide 1=DOT driveway connection and drainage permits; 4. Provide fire flow calculations; and, 5. Indicate the height of the mechanical equipment area on the roof. LATINDS»CAP~ PLAN ANALYSIS As stated earlier in this report, there is no minimum open space requirement within the CBD zone district east of the Intracoastal Waterway. However, the body acting upon a development application may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. The proposed building covers most of the site with most of the parking and service functions also under roof. Therefore, the proposed landscaping for the project is minimal. 6 Vista De! Mar Standards for Site Plan Actions The main entrance to the building is on Ocean Boulevard. Coconut Palms with Dune Sunflower underplantings and a backdrop of purple Crinum Lilies will be located on either side of the building facing the street. An additional Coconut Palm will be provided in a 3' high raised planter box on either side of the main entrance. The Coconut Palms are relocated from elsewhere on the site and are listed as 25' - 35' in height. Given the height of the building, this height is necessary in order to be in scale with the building. A planter will be provided under the building in front of the hotel lobby with 3 European Fan Palms, Variegated Arboricola, and Pathos Vines. A line of Coconut Palms are proposed on the south side of the building in a raised planting bed over the sub-level garage. The trees will be spaced every 25' to comply with the spacing requirements where commercial abuts residentially zoned property [ref. LDR Section 4.6.16{H)(3}{e}], Triple trunk Pigmy Date Palms will be located between the Coconut Palms with Xanadu and Boston Ferns utilized for ground cover in the area. Fifteen $' high White Birds of Paradise will be planted along the property line. Four booted Sabal Palms with Fakahatchee Grass are proposed between the south property line and a walkway adjacent to the restaurant. A 5' landscape strip is provided along the west property line between the building and Salina Avenue. Double Alexander Palms and sad will be provided within the landscape strip. The Alexander Palms are depicted as 12' high. Much taller trees are necessary to break up the mass of the west facade, and is listed as a condition of approval. A Variegated Arboricola hedge and a mulched planting bed will be provided adjacent to the west building line to screen the openings in the parking garage and along sides of the trash enclosure. There is no landscape material provided along the north side of the building since the building is set on the property line. The proposed landscape plan complies with LDR Section 4.6.16. ~ ARC"HIT>~ECTURA`<L ELEVATIONS; ~ The proposed architectural elevations contain a mixture of design elements. The first floor of the east facade consists of a large rectangular opening and four smaller arched openings supported on columns along Ocean Boulevard. The central opening provides access to the parking garage. Sidewalks are provided on either side of the entrance road and the hotel lobby and restaurant are visible under the building. The columns on this floor are cast coquina, painted yellow. The next four floors contain the hotel roams. The fagade contains a series of step backs from north to south which follow the angled front property fine. The design is repeated on the 2"d through 4~h floors. Raised white banding is used to separate the floors. Each hotel room has a balcony accessed by a pair of white French doors with an arched tap. The balconies project slightly from the wall face and are wrapped in blue metal railings. The window frames, which are painted white, are covered by green Bahama shu#ters. The walls are stucco, painted yellow. The 5t~' floor is stepped back slightly from the front and has the same design elements as the floors below, except the walls are covered with cementitous siding. A parapet is provided along the roof line with breaks to accommodate blue metal railings. The same color scheme and archi#ectural details with some variations are found on the north and south facades. To maximize ocean views for the hotel rooms, the wails have a saw tooth design with angled balconies extending out from the building. Trellises have been added above the balconies on the top floor. Single glass doors are used to access the balconies as opposed to the double French doors found on the east elevation. Between the projecting balconies, flat walls with windows and Bahama shutters extend above the roof line. The areas between these walls is spanned by blue metal railings. cementitous siding is utilized on the walls of the upper level. A stair tower with a green metal hipped roof is located on each facade. The ground floor 7 Vista Del Mar Standards for Site Plan Actions on the sou#h elevation is open, exposing the parking garage. A 6' wall has been added along the south property line to screen the vehicles. On the north elevation, the parking garage is completely enclosed. To break up an otherwise blank wall, decorative shutters are used on the north facade between the hotel room balconies and Ocean Boulevard. The west facade is very plain compared to the rest of the building. The otherwise flat wall plane is broken by balconies on the north corner and in the center of the building. Windows with Bahama shutters are utilized on each floor between the balconies. A stair tower with a green metal hipped roof is located on the south corner and faux windows with Bahama shutters are used on each floor centered on the tower. Cementitous siding is utilized on the walls of the upper level. On the ground floor, a rectangular opening on large columns provides access to the garage. This opening is flanked by arched openings on either side exposing the ground floor of the garage. An enclosed trash compactor area with aroll-down gate is provided under the roof on the first floor. The building is only 5' from Salina Avenue which is a narrow roadway. The residential buildings across Salina Avenue will be less than 50' from the face of the building. At such a close distance, the building will have a major visual impact on these residential properties. Staff recommends that steps be taken to create additional variations in the flat walls to break up the mass of the building. This could be accomplished by setting back portions of the building further from Salina Avenue or by opening up the rear hallway to the outside and creating a continuous balcony. In addition to the above, architectural elements should be added to the plain sections of roof parapet around the building, such as decorative caps or mansard projections to match the proposed green metal roofing on the towers. RE`QUIRFD FINDINGS Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Section 3.1.1 A -Future Land Use Ma :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 Zoning District Map designation of CBD {Central Business District} and has a CC (Commercial Core} Future Land Use Map designation. Pursuant to LDR Section x.4.13{B), Principal Uses and Structures Permitted, hotels are allowed as a permitted use within the CBD zoning district. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1{B) - Con,currencLr: 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, 8 Vista Del Mar Standards for Site Plan Actions 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, and solid waste. Section 3.1.1 C -Consistent Standards for Site Plan Actions : Compliance with perFormance standards set forth in Chapter S and requ[red findings in Section 2.4.5(F)(S) 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. As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 2.4.5(1=](5] (Site Plan Findinas): 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 compatible and harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is located at the south end of the CBD zoning district which extends southward from Atlantic Avenue along Ocean Boulevard. The development of a new hotel on the subject property is compatible with the existing commercial development in the area. East of the Intracoastal Waterway, the CBD zone consists primarily of resort-oriented retail businesses, restaurants and the Marriott hotel, Restaurants, shops and a 5-story condominium {New Monmouth} are located north of the proposed hotel site, south of Atlantic Avenue. The Marriott hotel complex is located just north of Atlantic Avenue. The CBD district is the highest intensity zoning district within the City and the development standards for the district were written to promote compact urban development in order to emphasize economic growth and business development. Since the type of development permitted and encouraged within the CBD is not always compatible with less intense development, it is important to minimize the impacts of new developments on adjacent properties along zoning district boundaries. The subject property is bordered by RM {Multiple Family Residential -Medium Density) zoning on the south and on the west side (across Salina Avenue}. While the hotel use is compatible with this zoning district, the difference in scale between the proposed hotel and the existing residential development must be addressed. As proposed, the rear facade of the hotel is a relatively flat 48' high wall with additional elements on the roof. This facade, located less than 50' #rom one and two-story residential buildings on the other side of Salina Avenue, is not compatible with this adjacent development. To achieve compatibility, additional variations in the flat walls are necessary to break up the mass of the building. This change has been added as a condition of approval. The property to the south is a two story condominium. The south facade of the proposed hotel has considerable variations in the wall plane and large Coconut Palms are to be plan#ed along the facade. This facade is compatible with the adjacent condominium. Provided the changes as outlined above are made, a positive finding can be made that the development will be compatible and harmonious with nearby properties and the City as a whole. The project will fulfill the need for additional hotel rooms in the city and promote additiona! economic development. This should have a positive effect on property values in the area. 9 Vista Del Mar Standards for Site Plan Actions 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 Elernent Objective. A-1; Property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of so'ri, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. When the property is cleared {demolition of the existing motel} there should be no physical conditions that would prevent the redevelopment of the property. The site is located in a Centro! Business District and will be developed in a manner consistent with that zoning designation. The project will be complementary to the adjacent land uses provided the conditions of approval are addressed. The project fulfills the need for additional hotel rooms within the City. Housing Element Policv A-12.3: In evaluating proposals far new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As discussed above, the proposed hotel will be compatible with the adjacent neighborhood provided the conditions of approval outlined in this report are met. The project is consistent with this policy in that it will not result in a degradation of the neighborhood. Coastal Management Element: Goal Area "C": Development and redevelopment in the Coastal Planning Area shall be compatible with the existing character of the area, and shall provide for a sensitive balancing of the needs for economic development, redevelopment, and environmental protection. Objective C-3: The development of vacant and under-developed land on the barrier island shall occur in a manner which does not change the character, intensity of use, or demand upon existing infrastructure in the Coastal Planning Area, as dictated in the following policies: Policv C-3.2: There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system. This is a redevelopment project of an underdeveloped property within the Central Business District. The development promotes economic growth in the downtown and is consistent with the character of the tourist-oriented commercial development within this area of the Centro! Business District. It will provide needed hotel rooms within the City, which will serve the local beach community and tourists. The project must comply with the City's site lighting restrictions in order to protect the beach area used far turtle nesting and hatchiings. This site has a Commercial Core land use designation and no change in the intensity of land use designation is proposed. Due to the property's location, there is not an opportunity to connect to the City's ~a Vista Del Mar Standards fior Site Plan Actions storm water management system. However, the project will be connected to the City's sewer system. Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the IDRs can be made, provided Site Plan Technical items and conditions of approval are addressed. REVIEW BY OTHERS Downtown Development Authority (DDA) The DDA reviewed the request at its meeting of May 16, 2001 and recommended approval subject to addressing the technical site plan issues raised by staff, which are contained in this report. ommuni v e eve o me p nt„Agency (CRA) The CRA reviewed the request at its meeting of June 16, 2001, and recommended approval subject to addressing compatibility with adjacent properties and the technical site plan issues raised by staff, which are contained in this report. Courtesy Notice: Special courtesy notices were provided to the following homeowners and civic associations: • PROD -Progressive Residents of Delray Chamber of Commerce • Property Owners of the Bahama House Condo Presidents Council • Beach Property Owners Association A letter has been provided from the Beach Property Owners Association expressing concerns with the scale of the building, traffic flow and adequacy of the supplied parking. A copy of the letter is attached to this report. Other letters of support or objection, if any, will be presented at the SPRAB meeting. ASSESSMENT:; AND CONCLUSIQNS The development proposal to construct a 70 room hotel with a pool on South Ocean Boulevard will be consistent with the policies of the Comprehensive Plan provided the conditions of approval concerning loading, the west building elevation and valet parking are addressed. Consistency with Chapter 3 and 2.4.5{F)(5) of the Land Development Regulations will be achieved provided the conditions of approval are addressed. ALTERNATIVE ACTIOhIS Continue with direction. 2. Approve the Class V site plan, landscape plan and elevations far Hotel Vista Del Mar, based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5{F}(5) {Finding of Compatibility) of the land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 11 Vista Del Mar Standards for Site Plan Actions 3. Deny the Class V site plan, landscape plan, and elevations for Hotel Vista Del Mar, based on a failure to make positive findings with respect to the Land Development Regulations. »REC»OMMEN'DED ACTIQN> By separate motions: Waivers: 1. Approve a waiver to LDR Section 4.6.14(A), to reduce the visibility triangle at the Salina Avenue driveway entrance from 20' to 5' and at the Ocean Boulevard driveway entrance from 20' to T, based upon positive findings with LDR Section 2.4.7{13)(5). 2. Approve a waiver to LDR Section 6.1.3(8}, to eliminate the required sidewalk along Salina Avenue. Site Plan: Approve the Class V site plan for Hotel Vista Del Mar, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(F)(5) (Finding of Compatibility} of the Land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: 1. Address all Site Plan Technical Items and submifi three {3} copies of the revised plans; 2. Documentation must be provided that the loading space as shown on the plan will accommodate the types of vehicles expected to service the hotel or the design must be changed to provide the required size space and maneuvering area; 3. No loading or unloading of vehicles, except trash pickup, is permitted on Salina Avenue; 4. A DEP permit is required far construction of the sub-grade parking garage which extends eastward of the Coastai Construction Control Line; 5. Alighting plan which details mitigation measures for all light sources visible from the beach must be provided; 6. If a valet queue is established in the drop-off area, it may only be used for guests of the hotel; and, 7. The trash enclosure area must be deodorized and air conditioned. Landscape Plan: Approve the landscape plan for Hotel Vista Del Mar, based upon positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. The 12' high Alexander Palm trees must be replaced with taller trees along the rear property line. Elevations- Approve the elevations for Hotel Vista Del Mar, based upon positive findings with respect to Section 4.6.18 of the Land Development Regulations, subject to the following conditions: 1. Create additional variations in the flat walls of the west facade to break up the mass of the building; and, 12 Vista De[ Mar Standards for Site Plan Actions 2. That additional architectural elements such as a parapet cap or metal mansard roof projections be added to the parapet. Attachments: ^ Appendix A ^ Appendix B ^ Reduced Floor Plans, Landscape Plan, Building Sections, and Building Elevations ^ Letter from the Beach Property Owners' Association 13 Vista Del Mar Standards for Site Plan Actions APPENDIX A CQNCURRENCY FtNDINGS Pursuant to Section 3.1.9(6) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ^ Water service is available to the site via a service lateral connection to a 8" main located in the Ocean Boulevard right-of-way. ^ Sewer service is available to the site via a service lateral connection to an 8" main located in the Georgia Street right-of--way. © An existing fire hydrant is located at the NE corner of the site on Ocean Boulevard. A new fire line will be installed along the southwest corner of the property, connected to an 8" main in Salina Avenue. The Building will be fully sprinkled. 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 these level of service standards. Drainage A preliminary engineering plan was submitted by the applicant. Since most of the ground level parking area is covered by the second floor of the building, drainage of the parking surface will be minimal. Any storm water that enters the parking area will be accommodated via sheet flow into a drain grate at the driveway entrance to Salina Avenue. Runoff from the roof will be discharged into catch basins at the northwest and southwest corners of the building and all the drainage will be diverted to exfiltration trenches along the west property line. Exfiitration test results will be required prior to obtaining a building permit for the paving and drainage system. Since the drainage of the property is being directly almost exclusively to the rear of the property, documentation that the Salina Avenue drainage system has adequate capacity to handle the additional flaw is required prior to obtaining a building permit. In addition, FDOT driveway connection and drainage permits will also be required. if these requirements are met, positive findings with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the TCEA (Traffic Concurrency Exception Area), which encompasses the CBD (Central Business District), OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above- described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. However, a traffic statement has been provided by the applicant which indicates that the construction of the new hotel will generate 374 additions[ trips onto the surrounding roadway network. The additional traffic generated will not have an adverse impact on this level of service standard. 14 Vis#a Del Mar Standards for Site Pian Actions Parks and Open Space: The 70 additional rooms will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2(C), Impact Fee Required, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, impact flee of $500.00 per dwelling unit (including hotel rooms) will be collected prior to issuance of building permits for each unit. Thus, an impact fee of $35,000 will be required of this development. Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 7.2 pounds per day per capita for the life of the existing landfill (approximately 2021). Based upon the Solid Waste Authority's trash generation rates, trash generated each year by the proposed 49,114 sq. ft. hotel will be approximately 4.7 pounds per sq. ft. or 115.4 tons per year. Since the total trash generated by this proposal can be accommodated by existing landfill facilities, a positive finding with respect to this level ofi service standard can be made. 15 APPENDIX B STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and Lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Provide relief is granted for the site visibility triangle on Salina Avenue and Ocean Boulevard. Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies #ound under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard ^oes not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent 1=, Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Even though the property is not currently vacant, it is noted that the project will provided needed hotel rooms in the City and will be complementary to adjacent uses, provided the conditions of approval contained in this report are met. Appendix B Standards for Site Plan Actions Page 2 Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X This standard was addressed in the body of the report with the review of applicable comprehensive plan objectives and policies Does not meet intent 1. 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 situa#ion. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Daes not meet intent 17 This instrument prepared by: J. Michael Marshall, Esq. Siemon & Larsen, P.A. 433 Plaza Real, Suite 339 Boca Raton, Florida 33432 561.368.3808 Parcel I.D. No.: 12-43-46-16-28-001-0060 Development Agreement for Vista Del Mar, L.L.C. This Development Agreement ("Agreement") is entered into by and between the City of Delray Beach, Florida, a FIorida municipal corporation (the "City"}, and Vista DeI .Mar, L.L.C. of 351 North Congress Avenue, Suite #142., Boynton Beach,. Florida 33426 (the "Owner"), pursuant to Section .2.4.11 of the City's Land Development Regulations ("LDRs"}, and the Florida Local Government Development Agreement Act, Sections 163.3220-163.3243, Florida Statutes, and is binding on the effective date as set forth herein. Witnesseth: WHEREAS, Vista DeI Mar, LLC is the owner of the real property in the corporate limits of the City of Delray Beach, Florida, located at 64 South Ocean Boulevard, Delray Beach, Florida, and more particularly described on Exhibit A (the "Property"}; WHEREAS, the: Property is designated under the City's future land use map as Commercial Core ("CC") and zoned Centxal Business District ("CBD"); W HEREAS, Policy 4-1.6 and Policy C-4. l of the City's Comprehensive Plan state that the City shall encourage rehabilitation and revitalization of the CBD district; WHEREAS, in pursuit of Policy 4-1.6, Section 4.4.13 of the City's LDRs states that the CBD district is intended to stimulate and enhance the vitality and economic growth of the City's downtown area; district; WHEREAS.,. Section 4.4.13(B)(S) provides that hotels and motels are permitted uses in the CBD WHEREAS, the Property is currently developed with a 20-room hotel known as the Bermuda Inn; WHEREAS, on August $, 2001, the City's Site Plan Review and Appearance Board ("SPRAB") approved the Owner's plans for redeveloping the Property with the proposed Hotel vista Del Mar (the "Approved Site Flan") after determining that the Approved Site Plan complied with the City's LDRs and Comprehensive Plan in all material respects (the "2001 SPRAB Approval"); WHEREAS, the City Commission thereafter granted a neighbor's request to appeal the 2001 SPRAB Approval and then reversed the 2001 SPRAS Approval on appeal; WHEREAS, the City Commission's decision to reverse the 2001 SPRAB Approval was subsequently quashed and remanded by the Appellate Division of the Fifteenth Judicial Circuit in and for Palm Beach County ("Appellate Division") in a. Writ of Certiorari action that was timely filed by the Owner; WHEREAS, the City Commission reconsidered the appeal and again ruled to reverse the 2001 SPRAB Approval; WHEREAS, the Owner initiated another Writ of Certorari action in which the Appellate Division again quashed the City Commission's second decision to reverse the 2001 SPRAB Approval and remanded it back; WHEREAS, the City Commission reconsidered the 2001 SP1tAB Approval for a third time and ruled again to reverse-the 2001 SPRAB Approval; WHEREAS, on January 5, 2006, the Owner filed a third Writ of Certiorari. action challenging the City Commission's decision. to reverse the 2001 SPRAB Approval ("the. 2006 Certiorari Action"); WHEREAS, the Appellate Division again quashed and remanded the City Commission's third decision. to reverse the 2001 SP1tAB Approval and remanded it back; WHEREAS., on. January 5, 2006, the Owner commenced an action for declaratory and injunctive relief in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida (the "Circuit Court"), entitled Vista Del Mar, L.L.C. v. The City of Delray Beach, CASE NO.50 2006 CA 00.0141 ~S:XXXMB (the "Lawsuit"}, in which the Owner challenged the same City Commission decision that was at issue in the 2006 Certiorari Action; WHEREAS, the City has contested the Owner's claims in the Circuit Court Lawsuit and the Lawsuit is currently pending in Circuit Court in conjunction with the third Writ of Certiorari action which was remanded to the City Commission and is also currently pending;. WHEREAS, the City and the Owner have .recognized the benefits of cooperation to redevelop a key area of the City and have agreed to resolve any and all claims at issue in the Lawsuit to allow for such redevelopment to occur on the Property; 2. WHEREAS, the Owner proposes to redevelop the Property with a 70-room hotel in accordance with the revised site plan, attached hereto as Exhibit B (the "Revised Plans"}; WHEREAS, the City has held public hearings to accept and encourage public input with respect to the provisions contained in this Agreement, and has considered such public input; WHEREAS, the Owner has provided public notice of the parties' intent to consider entering into this Agreement by advertisement published in a newspaper of general circulation and readership in Delray Beach, and by mailed notice to all affected property owners; WHEREAS, the City Commission of Delray Beach (the "Commission"} held a public hearing on the day of _._ , 2008, to consider this Agreement; WHEREAS, the Commission finds that the City's interests and the health, safety and welfare of the citizens of the City of Delray Beach are best served by settling the Lawsuits and resolving all outstanding claims therein pursuant to the terms and conditions set forth in this Agreement; WHEREAS, the Commission has determined that this Agreement further advances public. interest because the terms and conditions set forth in this Agreement are consistent with the City's policy of encouraging development/redevelopment of hotels and motels in City's CBD, and; WHEREAS, the Commission also finds that the City's interest and the health, safety and welfare of the citizens of the City of Delray Beach are best served by allowing redevelopment of the Property on the terms and conditions set forth in this Agreement with the expectation that such redevelopment will encourage further developmentlredevelopment in the CBD and result in enhanced economic benefit to the City with respect to the stability and potential for future developmentlredevelopment of properties in the surrounding area. NOW, THEREFORE, in consideration of the mutual promiscs and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Secfion 1. Recitals The foregoing recitals are a part of this Agreement on which the parties have relied anal are incorporated into this Agreement by reference, Section 2. Purposes of Agreement The purposes of this .Agreement are: (A) to encourage and provide for redevelopment of the Property consistent with the City's LDRs and Palley 4-1,6 and Policy C-4.1 of the City's Comprehensive Plan; 3 (B) to settle all pending Lawsuits between the parties and resolve any and all claims that are pending; or which could have been brought, between the parties; and {C} to affirm the 2441 SPRAB Approval as modified by Exhibit B attached hereto and. further secure approval for the Owner to proceed with redevelopment of the Property in accordance. with the Revised Plans, attached hereto as Exhibit B, resolving any and all claims previously submitted by any and all third. parties with respect to the Owner's plans for redeveloping the Property,, including the Approved Site Plan. Section 3. Definitions For the purposes of this Agreement, all terms shall have the definitions as found in the City's LDRs, the City's Comprehensive Plan, Florida Statutes Chapter 1 G3, or in other applicable Florida Statutes. If-any term contained herein is not defined in the City's LDRs or Comprehensive Plan, or any applicable Florida Statute., the term shall be understood by its usual and customary meaning. Section 4. Settlement of the Lawsuit Upon the- effective date of this Agreement, as provided below in Section S(Z}, the Owner shall file a notice of voluntary dismissal in the Circuit Court dismissing the Lawsuits with prejudice. The parties agree, however, that the Circuit Court shall retain jurisdiction far the purpose of enforcing. the parties' agreement to settle the Circuit Court Lawsuit and Writs of Certorari through the duration of this Agreement. Section 5. Statutory and Code Requirements for Development Agreements The parties recognize the binding effect of the Florida Local Government Development Agreement Act, Florida Statutes Sections 163.322 T, et seq, as to the form and content of this Agreement and accordance therewith set forth and agree to the following: A. Legal Description and Ownership Vista Del Mar,. LLC, a Florida Limited Liability Company, is the sole owner of the Property that is the subject of this Agreement and more particularly described in Exhibit A. The parties to this Agreement know of no other legal or equitable owners of the Property. B. Duration of Agreement The Owner shall have a period of two (2} years. from the effective date of this Agreement to obtain the first building permit and five (S} years from the effective date of this Agreement to obtain all certificates of occupancy and/or final inspections for structures on the Property as shown on the Revised Plans. This Agreement may be renewed or extended as provided herein provided the lawsuits referenced herein are dismissed. 4 C. Permitted Uses 1. The development permitted on the Property shall consist of hotel rooms with accessory uses, as depicted on the Revised Plans attached hereto as Exhibit B. 2. For the duration of this Agreement, the Parties agree that any and all of the approved redevelopment shall adhere to, conform to, and be controlled by this Agreement, the Exhibits attached hereto and incorporated herein by reference, and the City's LDRs and Comprehensive Plan which were in effect on August 8, 2Q0i, the date of the SP1tAB Approval. In the event that all or a portion of the existing. or authorized development subject to this Agreement should be destroyed by storm, f re or other. disaster, the Owner, it's grantees, successors, or assigns shall have the absolute right to rebuild or repair the affected structure(s) and reinitiate the prior approved use so long as such development is in compliance with this Agreement. 3. The following documents are attached hereto and incorporated herein by reference, showing the Property Boundary and Existing and Proposed Uses: Exhibit A: Legal Description of the Properly Exhibit B: Revised Plans 4. Applicable Density,. Intensity and Building Heights. Density and intensity shall be as provided in this Agreement and as shown on the Revised Plans attached as Exhibit B. Maximum building height shall be forty-eight (48} feet, as provided in Section 4.3.4(IK) of the City's LDRs. D. Public. Facilities 1. Fotable Water: The- City currently provides domestic potable water to the Property. 2. Electrical Service: Florida )'ower and Light Company currently provides electrica[ service to the Property. 3. Solid Waste: Waste Management currently provides solid vuaste service to the Property pursuant to its service agreement with the City. ~#. Wastewater and Sewage: The City currently performs wastewater and sewage collection and disposal on the Property. 5. Education Facilities: The redevelopment of the Property as contemplated by this Agreement will not impact education facilities. 6. Recreation Facilities: The Revised Plans include onsite recreational facilities far visitors and guests of the Property. Therefore, redevelopment of the Property will have no impact on public recreation facilities. 5 7. Stormwater: A stormwater management plan which meets all applicable local, .state and federal requirements shall be developed and maintained onsite as part of the plans to redevelop the Property. 8. Any increased impacts on public facilities or public services attributable to each unit of the proposed redevelopment of the Property, and the cost of capital improvement to meet the associated increased demand on such facilities or services, shall be assured by the Owner's payment to the City, concurrent with the issuance of the building permits for each unit, of any impact fees that are required by City's ordinances then. in effect, provided that such ordinance applies equally and uniformly to all development/redevelopment in the City. 9. Fire Protection: The Owner shall provide fire hydrants, fire sprinklers, and other such fire protection equipment as required by the City's LDRs and the City's Fire Department. E. Land DedicationlReservation The Owner is not required to dedicate or reserve any land for public purposes. F. Development Permits The following is a list of alI development permits necessary for the redevelopment of the Property as specified and requested in this Agreement: 1, approval of this Development Agreement, by which the Revised Plans, attached hereto as Exhibit B, shall be approved; 2. approval of all building and construe#ion related permits required for all structures, utilized for principal or accessory uses, land clearing, and landscaping. At any time any building permit is applied for, the Owner shall demonstrate compliance with all applicable federal, state and local disabled-access regulations in effect at the time of application, and shall pay alI required permit fees; 3. any and all required federal, state, regional, and local permits; runoff: 4. any and all required federal, state, regional, and Iocal permits for stormwater G. Finding of Consistency By entering into this Agreement, the City finds that the redevelopment of the Property in accardance with the Revised Plans attached hereto as Exhibit B is consistent with and furthers the City's Comprehensive PIan and applicable LDRs. b H. Mutual Cooperation The City and Owner agree to cooperate fully and assist each other in the performance of the provisions of this Agreement. I. Compliance with Permits and City Comprehensive Plan and LDR Provisions The redevelopment of the Property shall be developed in accordance with alI required permits and in accordance with all applicable provisions of the City's Comprehensive Plan and LD12s in effect on August 8, 2001, the date of the 2001 SP1tAB Approval. No certificate of occupancy for an individual building shall be issued until all plans for that building are approved by the City and the Owner has complied with all conditions in permits issued by the City and the other regulatory entities for that building. The City agrees that- any permits or certificates of occupancy to be issued by the City shall not be unreasonably withheld or delayed. J. Compliance With Other Permit, Terms,, Conditions, and Restrictions The failure of this Agreement to address a particular pernut, condition, term, or restriction shall not relieve Owner of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions. K. Laws Governing Agreement 1. For the duration of this Agreement, all approved development of the Property shall comply with and be controlled by this Agreement and provisions of all applicable provisions of the City's Comprehensive Plan and LDIZs in effect on August 8, 2001, the date of the 2001 SPRAB Approval. The parties do not anticipate that the City wall apply subsequently adopted Laws and policies to the Property, except as expressly provided in this Agreement. 2. Pursuant to Florida Statutes Section 1G3.3233, the City may apply subsequently adopted laws and policies to the Property only if the City holds a public hearing and determines that: a. the new laws. and .policies are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities set forth in this Agreement; b. the new laws and policies .are essential to the public health, safety, or welfare, and the City expressly states that they shall apply to the development that is subject to this Agreement; c. the City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or Owner. d. this Agreement is based on substantially inaccurate information supplied by 7 3. Tf state or federal laws enacted after the Effective Date of this Agreement preclude any party's compliance with the terms of this Agreement, it shall be modified as necessary fa comply with the relevant state or Federal laws. 4. Nothing in this Agreement shall prohibit the parties from mutually agreeing to apply subsequently adopted laws to the Property. 5. This Agreement does not and shall not be construed to waive or abrogate any rights that may have vested ar inured to the benefit of the Owner of the Property pursuant to common Iaw. L. Amendment, Renewal and Termination This Agreement may be amended, renewed, or terminated as follows: 1. As provided in Florida Statutes. Section 163.3237, this Agreement may be amended by mutual consent of the parties to this Agreement or by their successors in interest. Any amendment under this provision shall be accomplished by an instrument in writing signed by the parties or their successors. 2. As provided in Florida Statutes Section 163.3237, this Agreement may be renewed by the mutual consent of the parties, subject to the public hearing requirement in Section 163.3225, Florida Statutes and applicable LDRs. The City shall conduct at least two (2} public hearings, one of which may be held by the local planning agency at the option of the Crty. Notice of intent to consider renewal of the Agreement shall be advertised approximately seven (7) days before each public hearing. in a newspaper of general circulation and readership in Delray Beach, and shall be mailed to all affected property owners before the first public hearing. The day,. time, and place at which the second public hearing will be held shall be announced at the fast public hearing. The notice shall specify 'the location of the land subject to this Agreement, the development uses on the Property, the population densities., the building intensities and height1 and shall specify a place where a copy of the Agreement can be obtained. 3. This Agreement may be terminated by Owner or its successor(s) in interest following a breach of this Agreement by the City upon written notice to the City as provided in this Agreement, identifying, the term or condition the Owner contends has been materially breached and providing Cfty with ninety (90) days from the date of receipt of the notice to cure the breach or negotiate an amendment to this Agreement. 4. Pursuant to Florida Statutes Section 163.323.5, this Agreement may be revoked or modified by the Cfty if, on the basis of substantial competent evidence, the Cfty finds there has been a failure by Owner to comply with the terms of this Agreement and the City provides the Owner with written notice identifying the term or condition the Owner contends has been materially breached and providing City with ninety (94) days from the date of receipt of the notice to cure the breach or negotiate an amendment to this Agreement. 5. This Agreement may be terminated by mutual consent of both parties. M. Breach of Agreement and Cure Provisions 1. If the City concludes that there has been a material breach in this Agreement by the Owner, prior to revoking this Agreement, the City shall serve written notice to the Owner identifying ~e term or condition the City contends has been materially breached and providing Owner within ninety (90} days. from the date of receipt of the notice to cure the breach or negotiate an amendment to this Agreement. Each of the following events, subject to subsection 5 below, shall be considered a material breach of this Agreement: a. Failure to comply with the provisions of this Agreement; b. Failure to comply with terms and conditions of permits issued by the City or other regulatory entity for the development authorized by this Agreement. 2. If the Owner concludes that there has been a material breach in the terms of this Agreement by the City,. the Owner shall serve written notice to the City identifying the term or condition the Owner contends has been materially breached and provide the City with ninety (90) days from the date of receipt of the notice to cure the breach, ar negotiate art amendment to this Agreement. The following events, subject to subsection 5. below, shall be considered a material breach of this Agreement: a. Failure to comply with the provisions of this Agreement; b. Failure to timely process any completed application for approval or other development authorized by this Agreement. 3. If either party waives a material breach in this Agreement, such a waiver shall not be deemed a waiver of any subsequent breach. 4. Notwithstanding any other provisions of this Agreement to the contrary, neither party hereto shall be deemed to be in default. under this Agreement where delay in the construction ar performance of the obligations imposed. by this Development Agreement are caused by war, revolution, labor strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions, embargoes, litigation between the City and the Owner, tornadoes, hurricanes, tropical storms or other severe weather events, or any other causes beyond the control of such party. The time of performance hereunder, as well as the term of this Development Agreement, shall be extended for the period of any forced delays or delays caused. or resulting from any of the foregoing causes. The Owner 9 must submit evidence to the City's reasanable satisfaction of any such delay. N. Notices All notices, demands, requests, or replies provided for or permitted by this Agreement, including notificafion of a change of address, shall be in writing to the addressees. identif ed below, and may he delivered by anyone of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Services as certified or registered mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service with a signed receipt required. Notice shall be affected upon receipt. The addresses and telephone numbers of the- parties are as follows: TO OWNER: Vista Del Mar, L.L.C. 351 North Congress Avenue, Suite #142 Boynton Beach,. Florida 33426 and 105 Foulk Road Wilmington, Delaware, 19803-3740 With a copy by regular U.S. Mail to: Siemon & Larsen, P.A. 433 Plaza Real, Suite 339 Baca Raton, FL 33432 561_368-3808 TO THE CITY: David T. Harden, Ci , Manager 100 N.W. ls~ Avenue Delray Beach, FL 33444 56I-243-7U15 With a copy by Regular U.S. Mail to: Paul Dorling, Director of Planning & Zoning 100 N.W. 1 S` Avenue Delray Beach, FL 33444 561-243-7043 and Susan A. Ruby, Esq.,. City Attorney 200 NW 1st Avenue Delray Beach, FL 33444 561-243-7091 10 O. Annual Report 4n each anniversary date of the effective date of this Agreement, the Owner shall provide the City with a report identifying (1) the amount of development authorized by this Agreement that has been completed, (2} the amount of develaprnent authorized by this Agreement that remains to be completed, and (3) any changes to the plan of development that have occurred during the one (1 } year period ftarn the effective date of this. Agreement or from the date of the last annual report. P. Binding Effect This Agreement shall be binding upon the parties hereto, their successors in interest, heirs, assigns, and personal representatives. Q. Assignment This Agreement may not be assigned. without the written consent of the parties, or to other third parties with written consent, which shall not be unreasonably withheld. R. Drafting of Agreement The parties acknowledge that they jointly participated in the drafting of this Agreement and that no term or provision of this Agreement shall be construed in favor of or against either party based solely on the drafting of the Agreement. S. Severability In the event any provision, paragraph or section of this Agreementis determined to be invalid or unenforceable by a court of competent jurisdiction, such determination shaI1 not affect the enforceability or validity of the remaining provisions of this Agreement. T. Applicable Laws This Agreement shall be construed and enforced in accordance with the Florida law. U. Venue Venue for any Iegal proceeding arising out of this Agreement shall be Palm Beach County, Florida. V. Use of Singular and P1uraI Where the context requires, the. singular includes the plural, and plural includes the singular. W. Duplicate Originals; Counterparts 11 This Agreement may be executed in any number of originals and in counterparts,: alI of which evidence one agreement. Qnly one original is required to be produced for any purpose. X. Headings The headings contained in this Agreement are for identification purposes only and shall not be construed to amend, modify, or alter the- terms of this Agreement. Y, Entirety of Agreement This Agreement incorporates or supersedes ail prior negotiations, correspondence, conversations, agreements, or understandings regarding the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subjects covered by this Agreement that are not contained. in or incorporated into this document and, accordingly, no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether written or oral. This Agreement contains the entire and exclusive understanding and agreement among the parties and may not be modified in any manner except by an instrument in writing signed by both parties. Z. Recording; Effective Date The Owner shall record this Agreement in the Public Records of Palm Beach County, Florida, within fourteen (14} days after the date the last party signs this Agreement. A copy of the recorded Agreement showing the date; -page and book where recorded shall be submitted to the state land planning agency at the Department of Community Affairs, Division of Community Planning, 2555 Shumard Oak Boulevard, 'T`allahassee, Florida 32399-2100 by hand delivery or, by registered or certified United States mail, or by a delivery service that provides a signed receipt showing the date of delivery, within fourteen (14) days after the Agreement is recorded and received by the Owner or its agents. The Owner shall also provide a copy of the recorded Agreement to the City at 100 N W 1st Avenue, Delray Beach, Florida 33444, within the same time period. This Agreement shall become effective thirty (30) days after the date the state land planning agency receives its copy from the City, as required by Florida Statutes Section 380.Q552(9) IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year below written. Signed, sealed, and delivered. in the presence of: ]SIGNATURE PAGES TO FOLLOW] T2 WITNESSES: Signature Name: Signature Name: STATE OF FLORIDA COUNTY OF PALM BEACH OWNER: VISTA DEL MAR, L.L.C. By: Manager/Member Print Name: The following., instrument was acknowledged before me on this day of , 2008, by as ManagexlMember of Vista Del Mar, LLC, who is personally known to me or who produced as identification, and who did/did not take an oath. Notary Public, State of Florida At Large My commission e~pir~s: On the day of 2008, the City Commission of the City of Delray Beach approved this Agreement by ReSalution No. ATTEST: City CIerk CTTY OF DELRAY BEACH, FLORIDA By: APPROVED A5 TO LEGAL FORM AND SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF DELRAY BEACH,. FLORIDA ONLY -Rita Ellis, MAYOR 13 Exhibit "A" Legal Description Lots 6, 7, 8, 9, and 10; Block 7, OCEAN PARK, according to the Plat thereof, recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach County, Florida. Excepf the West 2 feet $ inches of Lofs $, 9, and 10, Block 1, deeded fo Cify of Delray Beach for street purposes; and also except that part of Lofs fi and 7 lying Easf of thaf cerfain line as shown upon Map enfifled "Plaf of Survey for Establishing a Line fo Serve in the Place- of fhe West Boundary Line of Ocean Boulevard in Fracfional Secfion 16, Township 46 Soufh, Range 43 Easf, Delray Beach, Palm Beach Counfy, Florida" as recorded in Plat Book 20, Page 4, Public Records of Palm Beach Counfy, Florida. O O ~ 0 ~ ~ a~ a ICI ~u~ _~~~ ~ $A I ~~ emu' ~a o a'~ ~~®i '~' d~ ~ I i i i I azr ~U ~ Q~~ ~0, ~~, I z p~+ 0~ CV q ~ ~ F ~e rA b'~ i 0 ~ 1 T 15 ~, 'i3'1' --•--- -~ i I i i I 1 I r-42` H. H WALL ~' HfG {1JALL1 MnIN. $' ®' V DawN uP ~ 4 TORS ~~ 31 PARKING °vPACE9 ~ Q ~ lul u o CGCL~ ~~ G C i ~~~ ~~~ ~ d ~ r ~ ® 1~ ~ ~,~~s~ ti ~ OFFICE ~FF1CE ~ m (~A =t.' tOR9 BTOR. ~ LOBBY ~ Q ECPT ~L O~ ~~ SHACK 1~4R 100 6P. ~ OF i i t~ ~ 4 rRa~s~ ~ ~. 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F i 1 .~ -~ i'~, , ~y, .~ f; ~ ..~ . . -~--~ 'i. t~ ... =1~ } ;'~ _~~ L ~[':r«. ~' Cit~r of Defray Be~eh Downtown Project .Assessments 1'rese~r~tcd to Ginr C;omnus5ion City. ~f Dclra~s~ Be:~tch, r~t~c-ida June 13, Zttl IG ') rrvstrr~ Crunrl li~ginual !'I rrutif~~ C:oWUCiI City t?f I~elr2~~ ~~1c~i, TIarida ~ Do~untUwn Project r~ssessrrfcr~ts Tie Bermuda Inn (.Motel pasta del.lV.lr~r~ ' u "~~~4t ;y{ vfi-_fi ~r ry ~, _ 7 .y e; S t x t - ~~x.~»~~ -. F a', _~. ~, '~' it y~h 'S k3y' ~'! i 4 S I.~ f h S ~ _ ~. Y' y,~Sa ''~r ~ ~ i~ J,?.'~..~'~+"jr• '.7 ,fy.L xacvd 5' r r+7Z rr ?t+ ...C~' ~ _ r ? 1 A t~' ~'c ,' ;5~~.~ ~ S s r.. ~ ~ 1~ ~lwo~,~ vxy~'S Y - ~ S {k `4 M+Ji~Sv~~ _ i~~ ' ~'ll''i ICI ` ~ {y 3 ~' y t. "~ -,a; ~ r .i _i.J~ t _ ~uith« y Y.-. II .~ ° `j ° q;. ~ ~,. ~' "fia t ~ .. s „l , ;t`. . ' ~ ~t i v r~ c :.a ~~N. j'~ fY x i.. ,. ~ Q ~f: :`;''- 4• `gip r'ih.~. ;; 1 K h•.. t' - ? y ?'~. "ti~~~_ ~~N~y+~ ~~~, r": w' .-,,;.: ~. °.Sx'.~:.:~" bti '.........w..: ~aS=~~a ' ~4v?~t,°aa ~.-. k ~~ w ~ ~E~.?" F.~ ~, :. Ei .~ it -- Vr '~. w 4 -,{'~fi~.~~. .ry. ..,.~ '9i~,. ~ s.R; .~~ . ~ i `~~l'ra J~: C'¢$`l., ~v .~:..-"t ~~`': e~, .~ The saxth .rids elerrrtian/motion r'If~stra#as Abe b~uiJrlirr,~i~ mare park~'~s~ /eval~, acrd tuw paolr and isrraoir. Proposed Program ~~~.;: ~ ~ ° ,, U , ~ t, Hotel Rootn5 a 1! rQQ~Tl$ ~~~ f ,~ = r.a r_ .r ,, p;' j', {average room aize: 380 s.f.} ` '~ '~~ _, ~.- V. Retail: 1,3G5 s_f (~0 linear feet of ~11_~ street frontage} Parking: .~ ° ' - ... , .~ ~,.~x ~... ,.. ~,~ Required: 41 _ Provided: 43 - ;... average: 2 spaces - ~, Terraces: 2nd Level >~~~~ •='^'' ~'`=:> ~ _" .-- -. `- _ .. (with lap pool and "lounge" pooh ._..•..-G,.oanrl Floor Plan \I Ti~rtrr~ Coate F4sgtonall~ldnWing Cawnci! Czty of Delray Beach, Florida ~ Downtown Pzojeet Assessments Floors 2-,i Atlantic 777 (Atla~r~ic I'l~~a) a ~. .1~. :,: ~ t 1r ' ~ i J ~ r £ z ; ` ~` `~;, Ys.. r ~. i , III I i~ ~x i ; ~ t ' i F ; ~ . r t ~ f - rn;, .,~ ~: _ ~;~ ar` l i " F ' "l ~~ i art .. i x, ~~+ ~.. ~ t ~ Y /y~ i I F ~ ' u ~ ] '- . ~. '- ' ~ l ~ ~T E y ~l' ~~ { r 4 ~ .Y, ':a, 1 nrs rr rrn rerrsrca. uranrec /// rvlarterYtan ar prnrnfaoud ~r TCAPC. mote r'l~e iric/i%~rwr of srrrjir~r and rhuY.~rrerl parkirr~r: i Au u a ,triter ateyatto>r ytsw 7aa~sg jrom ~ etaran; Puck to the watt with 3-i~'a,~ lownhorw•e builrlin,~t facing tha pvr,~ Propnsed Progl~m Resic~exatial: 1$4 d~veUing units (22 townhouses/16z condominiums) Non--Residential: ?x,250 s.f (62,454 s.f. retail/8,800 of office) Parkixxg: ~tequired: 54$ Thin rer:dering it looking rNC,rt nulp iL~ urwl~r pao~emc! eeertml~raen Provided 715 (424 structured/?8 an-street) munec/in,~ Ireierrrn:• 1?ark vnc! _1.l:. 7lh Auenur. I4rate t!x ariic overage: 167 spaces Lrrildin,~ acrd the 3-E stnry~ r.rirlerrlirrl Guildiugs {e~rng Ilrc,~rxen. l Treasure Caar7.8e ianul Planrtir{q C:allncrl City o~ Delray Beach, Florida ~ Downtown Project rl5sessrr~erits The V~orrell Properties (South S~into~t~ ,_ __ ___ AtluntacAverrue .-•~___ r ~..r-..~' ff ~' ..~__._ Fbe TCRi'C ~uster~alan for the I ~~brnll prnperliW er fir~dreaa'ed orr ~referl>aXior2 artd irrfil~ Proposed Program Residential: 52 d~relling units {2d historic structures gxe- served) Non-Aesidexitial: 25,000 s.f. {~5,oao ~f dream with parential for 47,000 s,f.) Parking. Required: ] ] 5 Provid~d:l18 On,sueet: S8 Spaccs {ndt CQWitCd~ Propararl rrci~hGorhood ~ora~- merrt~• to ertharrce dirtre~ i~lendif~~ - - -- Ti-ea~lrre Coard Re,~iarrd! Planmttg CAWN61! .....- ' City of Delray Beach, Florida ~ Downtown Project Assessments A .yierv of ~br~roporeA ydu~iriwrrre ':Mews" /ookirr~ from S.1T'~' t,vt Aassrrue Exhibit "A" Legal Description Lots 6, 7, 8, 9, and 10; Block 7, OCEAN PARK, according to the Plat thereof, recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach County, Florida. 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J ~Z?U m z ~..ama Z r ~ ~ W ~ a ~ O J ^ ~ U s ~ t" Q d ~ O o UaC~Up ~' ° c~ ~ = w W a ~ cO C7 ^ ~, ~ a N~auQicvn ^ w m = O V ~° ~° ~,+~~~ va U s t~ iiA IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REGARDING THE DEVELOPMENT AGREEMENT AND ASSOCIATED CLASS V SITE PLAN FOR THE HOTEL VISTA DEL MAR 1. This Development Agreement and associated Class V Site Plan has come before the City Commission on September 16, 2008 and October 7, 2008. 2. The Applicant and City staff presented documentary evidence for the hotel and testimony to the City Commission pertaining to the Class V Site Plan of Vista Del Mar. 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: ARE THE COMPREHENSIVE PLAN REQUIREMENTS MET? a. Comprehensive Plan -Future Land Use Element Objective A-1: This objective requires that the 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 complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes No b. 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 Zoning District Map designation of Central Business District (CBD) and has a Commercial Core (CC) Future Land Use Map designation. Pursuant to LDR Section 4.4.13(8), "Principal Uses and Structures Permitted", hotels are allowed as a permitted use within the CBD zoning district. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes No c. Concurrence: 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. 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 ublic facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water sewer, drainage, streets traffic, parks, open space, impact fees or solid waste? Yes No d. Consistency (Standards for Site Plan Actions): Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(F)(5) shall be the basis upon which a finding of overall consistency is to be made. i. Is the building design, landscaping, and lighting (glare) such that they create unwarranted distractions or blockage of visibility as it pertains to traffic circulation? Yes No 2 ii. 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. Is this requirement met? Yes No iii. Are the open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element appropriately addressed? Yes No iv. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. Is the widening or modification detrimental to the neighborhood and does it result in degradation of the neighborhood such that the project shall not be permitted? Yes No v. 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. Yes No vi. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Do factors such as noise, odors, dust, traffic volumes and circulation patterns have the potential to negatively impact the safety, habitability and stability of residential areas? Yes No 3 vii. Does the proposed development result in degradation of the neighborhood such that the project shall be modified or denied? Yes No viii. 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. Does the development create a high accident location or exacerbate an existing situation causing it to become a high accident location? Yes No If yes, has the development proposed actions to remedy the situation? Yes No e. Comprehensive Plan -Housing Element Policy A-12.3: This policy requires that in evaluating proposals for new development, redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. i. Do factors such as noise, odors, dust, traffic volumes and circulation patterns negatively impact the safety, habitability and stability of residential areas? Yes No ii. Does the proposed development result in degradation of any neighborhood? Yes No iii. If yes, is the project modified accordingly? If no, it shall be denied. Yes No 4 Based on the above, will the development adversely affect the stability of nearby neighborhoods pursuant to Housing Element Policy A-12.3? Yes No f. The Comprehensive Coastal Management Element states in Goal Area "C": This element requires that development and redevelopment in the Coastal Planning Area shall be compatible with the existing character of the area, and shall provide for a sensitive balancing of the needs for economic development, redevelopment, and environmental protection and in Objective C-3 that the development of vacant and under-developed land on the barrier island shall occur in a manner which does not change the character, intensity of use, or increase demand upon existing infrastructure in the Coastal Planning Area and pursuant to Policy C- 3.2 that there shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system. Is the Coastal Management Element for Goal Area "C" met? Yes No g. Pursuant to Sections 3.1.1(A), "Future Land Use Map, 3.1.1(8), "Concurrency" and 3.1.1(C), "Consistency" as outlined above in Sections I (a), (b), (c) and (d), are the future land use map/concurrency/consistency requirements met? Yes No *Based on the findings in Sections I (a) through (g), are the Comprehensive Plan requirements met? Yes No II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS MET? a. Section 3.1.1(D) compliance with the Land Development Regulations: Section 3.1.1(D) requires that Items identified in the LDRS shall specifically be 5 addressed by the body taking final action on the site and development application/request. These areas include building setbacks, height, room size, space, parking, loading, stacking distance, point of access, visibility at intersections and site lighting. Building Setbacks: Within the CBD zoning district, front building setbacks shall be no less than 5' and no greater than 10'. Side building setbacks must be 10' when adjacent to Residential zoning. Does this project comply with building setbacks? Yes No ii. Building Height: Within the CBD zoning district, a maximum of 48' height is allowed. Does this project comply with building height? Yes No iii. Room Size: Pursuant to LDR Section 4.3.3(M)(1), each sleeping room shall contain a floor area of 325 feet including closets and baths. Does this project comply with Room Size Requirements? Yes No iv. Parking: Pursuant to LDR Section 4.6.9(C)(7)(e), hotels and motels are required to provide spaces for each guest room plus 10 spaces per 1,000 sq. ft. floor area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. However, pursuant to Section 4.4.13 (G)(1)(d), within the CBD zone district, restaurants require 6 spaces per 1,000 sq. ft. of floor area. Has this project met the parking requirements? Yes No v. Handicapped Parking: Two handicapped spaces are required. Does the project provide adequate handicapped parking spaces? Yes No 6 vi. Dead-end Parking Bays: Pursuant to LDR Section 4.6.9 (D)(4)(c), a 24' wide by 6' maneuvering area is required at the end of the dead-end parking bays. Does this project meet the dead-end parking bay provision? Yes No vii. Loading: The guidelines provide that hotels between 20,000 and 100,000 sq. ft. may be required to provide 2 loading spaces. The adequacy of these guidelines can be determined by the body approving the site plan. Are the proposed loading areas proposed adequate? Yes No viii. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the required stacking distance from the right-of-way to the first parking space or aisle way is 20' when 50 parking spaces are provided in a parking area. Has the stacking distance been met? Yes No ix. Point of Access: Pursuant to LDR Section 4.6.9(D)(3)(a), the point of access to a street or alley shall be a maximum of 24' unless a greater width is specifically approved as part of the site and development plan. Has the Point of Access requirement been met? Yes No x. Visibility at Intersection: Pursuant to LDR Section 4.6.14(A), a visibility triangle is required at the Intersections of roads (corner lots) and driveways. An unobstructed view within this triangle visibility must be provided between the heights of 3' and 6'. The required visibility triangle at the intersection of two streets is 40' and 20' at driveways. Has the Visibility at Intersections requirement been met? Yes No xi. Site Lighting: Pursuant to LDR Section 4.6.8, site lighting must be provided within the proposed parking lot area, however, the 7 location of the project also requires compliance with Section 91.51 of the City's Code of Ordinances, "Lighting Restrictions along Beach", stated as follows: "No artificial light shall illuminate any area of the beach which is used for sea turtle nesting and its hatchlings. In order to accomplish this, all lighting shall be shielded or screened so that the light is not visible from the beach at night period (from dusk until dawn) from April 1 to October 31 of each year." Has the project met all site lighting requirements? Yes No xii. Bike Rack: Pursuant to LDR Section 4.6.9(C)(1)(c)(3), bicycle parking facilities shall be provided in the designated area and by a fixed or stationary bike rack for any non-residential use within the City's TCEA. Has the bike rack requirement been met? Yes No b. Section 4.6.18(E) requires certain findings: Section 4.6.18(E) requires findings that: 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. Is this requirement met? Yes No ii. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. Is this requirement met? Yes No 8 iii. The proposed structure, or project, 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. Is this requirement met? Yes No c. 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 of the Land Development Regulations, the approving body must make the following finding: Is the development of the property pursuant to the site plan compatible and harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values? Yes No Based on the Findings of Section II (a), (b) and (c), are the LDR requirements met? Yes No d. The Petition requested two waivers as follows: • LDR Section 4.6.9(D)(3)(c)(1) to reduce the required stacking distance on Salina Avenue from 20' to 18'. • LDR Section 6.1.3(8) to eliminate the required sidewalk along Salina Avenue. 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 neighboring area; (a) Shall not significantly diminish the provision of public facilities; (b) Shall not create an unsafe situation; (c) Does not result in the grant of a special privilege in that the same waiver would be granted under similar waiver; and 9 (d) Shall not adversely affect the circumstances on other property for another applicant or owner. Based on the requirements in LDR Section 2.4.7(8)(5), the City Commission finds as to the three waiver requests as follows: i. LDR Section 4.6.9(D)(3)(c)(1) to reduce the required stacking distance on Salina Avenue from 20' to 18'. Does the waiver meet all the requirements of 2.4.7(6)(5)? Yes No ii. LDR Section 6.1.3(8) to eliminate the required sidewalk along Salina Avenue. Does the waiver meet all the requirements of 2.4.7(6)(5)? Yes No 4. The City Commission has applied the Comprehensive Plan, Future Land Use Map and LDR requirements in existence at the time the original site plan was submitted in August, 2001. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the Development Agreement and associated Class V Site Plan, and hereby adopts this Order by a vote of in favor and opposed on this date, October 7, 2008. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 10 ~° ,_ ''~ ~ - - k~ 1~ ,. ~~~ r~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 9, 2008 SUBJECT: AGENDA ITEM 10.I. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 ORDINANCE N0.09-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading second and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) amending Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", enacting a new Subsection 4.5.1(N), "Criteria for Change of Historic Designation and/or Classification", and a new Subsection 4.5.1(0), "Procedures for Change of Historic Designation and/or Classification", in order to provide criteria and a method for a change of historic designation and/or classification. BACKGROUND At the first reading on September 3, 2008, the Commission passed Ordinance No. 09-08 (Versions 4 and 5). RECOMMENDATION Recommend Commission discretion regarding Ordinance No. 09-08 (Version 4 and Version 5) on second and final reading. MEMORANDUM T0: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 28, 2008 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE NO. 09-08 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION The item before the City Commission is aCity-initiated amendment to LDR Sections 4.5.1 to provide criteria and a method for the removal from, or expansion of, an historic district, as well as a procedure for the reclassification of contributing and non-contributing properties within a historic district, pursuant to LDR Section 2.4.5(M). BACKGROUND The subject amendments were initially in response to concerns raised by City residents that new development both immediately adjacent to and within the Marina Historic District has either removed or significantly impacted the historic integrity of the 300 block of SE 7th Avenue. Therefore, the City Commission requested that Staff look into preparing an Ordinance which would allow areas to be removed from existing historic districts. At the workshop meeting of February 12, 2008, the City Commission discussed two (2) versions of the subject ordinance. After the workshop, a third version was introduced by the City Attorney's Office as an additional option. The three versions were reviewed by the required advisory boards. The Planning and Zoning Board considered this request at their April 21, 2008 meeting and made a recommendation to support ~~Version 2" with further revisions. Those revisions were incorporated to create Version 4 of the Ordinance. Additional changes were made by Staff to provide for the change of classification with respect to contributing and non-contributing structures, and these additional revisions were incorporated into Version 5. At the City Commission workshop of July 8, 2008, both Versions 4 and 5 were reviewed. At this time the Commission directed Staff to take these versions back for review and recommendations by each of the advisory boards. In summary, the two versions were very similar; however, they differ in that ~~Version 4" refers to the process as ~~Redefining Boundaries of Historic Districts", while ~~Version 5" refers to ~~Criteria for Removal from or Expansion of a Historic District". ~~Version 5" includes an additional process termed ~~Criteria for Change of Historic Classification" which is further explained and analyzed in the attached Planning and Zoning Board Staff Report. It should be noted that the removal of a historic designation is only available for properties http://www.mydelraybeach.com/Agendas/Bluesheet.aspx?ItemID=1420&MeetingID=151[9/9/2008 9:48:15 AM] within a district that touch the edge of the boundary of the historic district as it existed at the time of original designation or that are part of a platted lot that touched the edge but was later subdivided. The designation for those eligible properties could then be removed solely because the historic integrity has been irreversibly lost due to inappropriate development in that part of the district, in accordance with the procedures in the LDRs. A complete summary of the changes is included in the attached Planning and Zoning Staff report. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject amendments at their August 6, 2008 meeting, where they recommended approval of Version 5. The Pineapple Grove Main Street committee considered the subject amendments at their meeting of August 6, 2008, where they recommended approval of Version 5. The Downtown Development Authority (DDA) considered the subject amendments at their meeting of August 11, 2008 meeting, where they recommended approval of Version 5. The West Atlantic Redevelopment Coalition (WARC) considered the subject amendments at their meeting August 13, 2008 meeting, where they recommended approval of Version 5. The Community Redevelopment Agency (CRA) considered the subject amendments at their August 14, 2008 meeting, where they recommended approval of Version 5. The Planning and Zoning Board considered the subject amendments at their August 18, 2008 meeting, where they recommended approval of Version 5. RECOMMENDATION By motion, approve on first reading Ordinance No. 09-08, Version 5, for City-initiated amendments to the Land Development Regulations, which provide criteria and a method for the removal from, or expansion of, a historic district, as well as a procedure for the reclassification of contributing and non-contributing properties within a historic district, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://www.mydelraybeach.com/Agendas/Bluesheet.aspx?ItemID=1420&MeetingID=151[9/9/2008 9:48:15 AM] ~ 4/29/08 VERSION 4 ORDINANCE N0.09-08 (alt # 6) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR INCREASING AND/OR REDUCING HISTORIC DISTRICT BOUNDARIES; 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 August 18, 2008 and voted 0 to 4 to recommeald 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 Plary and WHEREAS, the City Comrnission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Comtrrission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(l~, "Criteria for Redefining Boundaries of Historic Districts" and 4.5.1(0), "Procedures for Redefining Boundaries of Historic Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follow: Q~ Criteria for Redefining Boundaries of Historic Districts: (1) A survey of all historic districts may be conducted by the Ci , eve , five 5~ ,years. that was once Part of a Platted lot that touched the edge but has been subdivided has had its reduced to reflect the removal in accordance with the Procedures in LDR Section 4.5.1(O~ (a) If a Property owner within the Part of the district seeking to reduce the boundaries deternunes that they want to retain the historic designation for their property, then the~~P~ly to individuall~gnate their contnbuting structure within a historic district but does not aualif individual designation, then the Part of the district seeking to be removed from the district which includes said property may not be removed Lentil the tax exemption expires Pursuant to LDR Section 4.5.1 3 . (3) If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing then that historic district may redefine its boundaries to include the adjacent contnbuting structures in accordance with the Procedures in LDR Section 4.5.1(O~ (O) Procedures for Redefining Boundaries of Historic Districts. 1. The Historic Preservation Board at any time so long ash initiated survey has been consulted that was performed within five 5~years or less; ,years or less; or ORD. N0.09-08 a If an owners of designated Properties) seeks to redefine the boundaries of a historic district, then they shall Provide: i. Photographs and addresses of all Properties that will be either removed from or added to the historic district and; ii. signatures of seven , -five percent 75%,, o property owners that are located in the area that will be removed from or added to the historic district. (2) The Planning and Zoning Director or his/her designee shall conduct a (a) Proposed revised legal boundaries of the historic district; (c) A staff recommendation as to whether or not the boundaries should be reduced to remove Properties due to irreversible loss of historic integrity to an increase in contnbuting structures adjacent to the district. 3) Uvon completion and formal review of the revort, a public hearing shall be held Notice of said hearing shall be made to the owners o) fall Properties within the subi ect historic district and the owners o) fall Properties within five hundred feet (500' o Properties to be added or subtracted at least ten (10~~Prior to the hearing b~gular mail. Additional notice shall be given in the same manner as Provided for a rezoning action [see Section 2.4.2(S,~(1)(b)1 and by notice Published in the newspaper at least ten (10~~Prior to the hearing, provided; however, Posting~ursuant to 2.4.2(S,~(1)(b) is not required (4) After conducting the Public hearing if the Historic Preservation Soard finds that the aP~lication to redefine the boundaries fulfills the Proper criteria to add or subtract ORD. N0.09-08 properties and all procedures have been followed correctly it shall vote on the recommendation Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. N0.09-08 then be transmitted to the City Commission. The City Commission shall consider the aUnroval shall require a superT vote of four (4 votes. ~ 8 5/28/08 VERSION 5 ORDINANCE N0.09-08 (alt # 7) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS SY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", SY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR A CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION; 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 August 18, 2008 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Comrnission 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. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(l~, "Criteria for Redefining Boundaries of Historic Districts" and 4.5.1(0), "Procedures for Redefining Boundaries of Historic Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follow: Q~ Criteria for Change of Historic Designation and/or Classification: (1) A survey of all historic districts may be conducted by the Ci , eve , five 5~ ,years. The surve~eport may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. (a) Criteria for Removal from a Historic District: If a survey reveals that apart of a historic district that touches the edge of the boon of the historic district as it existed at the time of original designation of that designation for their Property, then the~~~ly to individuall~gnate theirtheir Propert~vursuant to LDR Sections 4.5.1 S) and (C . If a Property has received a tax exemption Pursuant to LDR Section 4.5.1(Nn as a contributing structure within a historic district but does not aualify for individual designation, then the Part of the district seeking to be removed from the district which includes said Propert~T may not be removed Lentil the tax exemption expires vursuant to LDR Section 4.5.1(NI)(3). (b) Criteria for Change of Historic Classification: If a City initiated non contnbuting then the classification may be revised in accordance with LDR Section 4.5.1(0) and shall be deternuned as follow: 1. The survey recommends the inclusion of an additional "Period 2. The survey recommends that a grope , or properties have been so significantly altered that the changes are irreversible and have contnbutin~ structures deemed to be contnbuting then that historic district may ORD. N0.09-08 the removal in accordance with LDR Section 4.5.1(O~ created to incorporate those identified Properties in accordance with LDR Section 4.5.1(0 (O) Procedures for Change of Historic Designation and/or Classification. (1) Procedures for Removal from or Expansion of a Historic District: Avnlications shall be made to the Historic Preservation Soard and may be initiated by written request of: (a) The Historic Preservation Soard based upon the recommendations of a surve~mPleted within five (5~years Prior to the aP~lication; (b) The City Commission based upon the recommendations of a survey completed within five (5~years Prior to the aP~lication; or added to the historic district. request of: (a) The Historic Preservation Soard based upon the recommendations of a City initiated surve~mPleted within five (5~~Prior to the application; or ~~ (b) The City Commission based upon the recommendations of a City initiated surve~mPleted within five (5Z~Prior to the application; or (c) An owners of a Property to be reclassified based upon the recommendation of a City initiated surve~mPleted within twelve (12~ ORD. N0.09-08 2. (3) The Planning and Zoning Director or his/her designee shall conduct a (a) Qiange of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the Properties be removed from or added to the historic district; and 3. A staff recommendation as to whether or not the Properties should be removed due to irreversible loss of historic integrity as a result of historic district due to an increase in contributing structures adjacent to the district. (b) Qiange of Historic Classification: 1. Analysis of the Properties to be reclassified; and 2. A staff recommendation as to whether or not the Properties should be reclassified due to either: a loss of historic integrity as a result of irreversible alterations to a contributing~roperty; or b. inclusion of an additional "Period of Significance" per the survey recommendations. (4) Upon completion and formal review of the report, a Public hearing shall be held Notice of said hearing shall be made to the owners o) fall Properties within the subject historic district and the owners o) fall Properties within five hundred feet (500') of the affected Properties at least ten (10~~Prior to the hearing b~gular mail. Additional notice shall be given in the same manner as Provided for a rezoning action [see Section 2.4.2(S,~(1)(b)1 and by notice ORD. N0.09-08 (5) After conducting the public hearing if the Historic Preservation Soard finds that the application fulfills the proper criteria and all procedures have been followed correctly it shall vote on the recommendation. A maiority of the entire of the property seeking a change of historic designation and/or classification obiects, the City Commission approval shall require a superT vote of four 4 votes. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST City Clerk MAYOR First Reading Second Reading 5 ORD. N0.09-08 shall consider the recommendation of the Historic Preservation Soard through PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 20, 2008 AGENDA NO: IV.G. ITEM: CITY INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR A CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City- initiated amendments to LDR Section 4.5.1 as detailed in the above caption. These amendments provide criteria and a method for the removal from, or expansion of, a historic district, as well as a procedure for the reclassification of contributing and non-contributing properties within a historic district. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND The subject amendments were initially in response to concerns raised by City residents that new development both immediately adjacent to and within the Marina Historic District has either removed or significantly impacted the historic integrity of the 300 block of SE 7th Avenue. Therefore, the City Commission requested Staff to look into preparing an Ordinance which would allow areas to be removed from existing historic districts. Following the City Commission Workshop of February 12, 2008, the City Commission discussed two (2) versions of the subject ordinance and a third version was provided as an additional option. The three versions were reviewed by the required advisory boards who recommended the following: • At its meeting of April 2, 2008, the Historic Preservation Board (HPB) recommended the Planning and Zoning Department Staff move forward with the resurvey of the Marina Historic District, review the resurvey results, and consider an overlay district as an alternative to removal of designation, utilizing "Version 2" as a guide. The Pineapple Grove Main Street committee, Downtown Development Authority (DDA), West Atlantic Redevelopment Coalition (WARC), and the Community Redevelopment Agency (CRA) recommended "Version 2" which allows the submittal of an application for removal from a historic district, based upon recommendations from a survey of an historic district. • At its meeting of April 21, 2008, the Planning and Zoning Board considered the three versions, and recommended approval of "Version 2" with the following revisions: Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 1. Change "Removal" to "Redefining Boundaries for Historic Districts" in order to provide a criteria and a method for removing and/or adding properties from/to a historic district; 2. Require the City to conduct a survey of the historic districts every five years; 3. Require owners who initiate the process to use a City initiated survey within 12 months of its completion; 4. Permit the City Commission and HPB to initiate the process within five years of a completed survey; 5. Require signatures of at least 75% of property owners located in the affected area. Following the Planning and Zoning Board recommendation, those suggested revisions were incorporated to create "Version 4". "Version 4" was further refined to create Version 5 which included additional language to provide for the reclassification of contributing or non-contributing properties relating to modifying "Periods of Significance". Each version is described and analyzed below, and a detailed outline is provided in Appendix A. At the City Commission workshop of July 8, 2008, both Versions 4 and 5 were reviewed. At this time the Commission directed Staff to take these versions back for review and recommendations by each of the advisory boards. Version 4 and Version 5 of Ordinance (09-08) are now before the Board for recommendation to the City Commission. LDR TEXT AMENDMENT DESCRIPTION AND ANALYSIS The two versions to be compared and considered are very similar; however, they differ in that "Version 4" refers to the process as "Redefining Boundaries of Historic Districts", while "Version 5" refers to "Criteria for Removal from or Expansion of a Historic District". "Version 5" includes an additional process termed "Criteria for Change of Historic Classification" which is further explained and analyzed below. It should be noted that the removal of a historic designation is only eligible for properties within a district that touch the edge of the boundary of the historic district as it existed at the time of original designation or that are part of a platted lot that touched the edge but was later subdivided. The designation for those eligible properties could then be removed solely because the historic integrity has been irreversibly lost due to inappropriate development in that part of the district, in accordance with the procedures in the LDRs (contained within the attached Ordinances). Both versions also permit the HPB and City Commission to apply for the removal from or addition into the historic district within five years of aCity-initiated historic district survey. Any property owner(s) may apply for either process within twelve months of the City-initiated survey. An application by a property owner would also require the submittal of addresses and photographs of those properties to be removed or added in addition to the signatures of seventy-five percent (75%) of the property owners within the area. The previous versions specified the qualifications of the consultant to perform the survey such as experience and expertise in South Florida architectural and developmental history. However, these specifications have been omitted as they are included within the City RFP (Request for Proposals) for all surveys and/or resurveys. The procedures require review by the Historic Preservation Board and a majority vote by the City Commission. However, if a property owner within 500' of a property to be removed or added objects, then a super majority of four (4) votes will be required. These procedures are the same as those followed for the initial designation of any historic districts and/or site. 2 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 In addition to the above, "Version 5" outlines criteria to change the classification for a property within an existing historic district. A survey of a contributing property may recommend a reclassification to non-contributing if there have been significant alterations which have compromised its historic integrity. In addition, a survey may recommend the inclusion of an additional "Period of Significance" which would likely reclassify properties from non-contributing to contributing. The term "Period of Significance" refers to a specific timeframe in history with its own importance and special characteristics with respect to architectural styles, cultural influences, people, etc. Contributing properties would relate to the specified period of significance identified in a survey report. In both cases referenced above, the public hearing procedures as discussed above would be followed. While the differences are minor between the two versions under review, Staff would recommend that "Version 5" be supported. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policv A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Policv A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. The Future Land Use Element of the City's Comprehensive Plan calls for the provision of historic preservation by redevelopment. However, the subject Ordinance has been created to address the impact of redevelopment (located both within and immediately adjacent to a historic district) which may have significantly impacted the historic integrity of properties located within an historic district. With the recent amendments to the historic district review regulations, future incompatibilities should be minimized. Further, if incompatible areas of a district are allowed to be removed, the remaining district will strengthen. Therefore, positive findings can be made that these proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use Element. 3 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housing Element Obiective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policv A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policv A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Element Policv A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. The proposed LDR amendments comply with the Housing Element in that they will stabilize and enhance existing historic neighborhoods with the removal of areas that have lost their historic integrity. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Housing Element. Coastal Management Element Policv B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Management Element Policv B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Coastal Management Element Obiective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Management Element Policv C-1.1 The northern portion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. 4 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 Coastal Management Element Policy C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi-family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. The proposed LDR amendments comply with the Coastal Management Element of the Comprehensive Plan in that they are sensitive and in fact provide mechanisms to strengthen the two designated historic districts within this area: Nassau Street and Marina. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Coastal Management Element. ASSESSMENT The Comprehensive Plan calls for the preservation of historic resources, the rehabilitation of historically significant housing, and the promotion of historic designations as a revitalization tool. Further, the Plan calls for Staff assistance in implementing neighborhood supported initiatives aimed at preserving the character of existing residential areas. The proposed amendments achieve the aforementioned goals and policies by removing or adding development from the historic district designation while strengthening those remaining and qualifying properties. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered the subject amendments at their July 24, 2008 meeting. Upon discussion of the subject amendments, the board members requested additional time to review the amendments. Upon further consideration at the meeting of August 14, 2008, a recommendation to support Version 5 was made. The Historic Preservation Board (HPB) considered the subject amendments at their August 6, 2008 meeting, where a recommendation to support Version 5 was made. The Pineapple Grove Main Street committee considered the subject amendments at their meeting of August 6, 2008, where a recommendation to support Version 5 was made. The Downtown Development Authority (DDA) considered the subject amendments at their meeting of August 11, 2008 meeting, where a recommendation to support Version 5 was made. The West Atlantic Redevelopment Coalition (WARC) considered the subject amendments at their meeting August 13, 2008 meeting, where a recommendation to support Version 5 was made. First Reading by the City Commission is anticipated for the regular meeting of Wednesday, September 3, 2008, with Second Reading to occur at the City Commission meeting of Tuesday, September 16, 2008. Letters of objection and support, if any, will be presented at the meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) of either Version 4 or Version 5, by adopting the findings of fact 5 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. C. Move a recommendation of denial to the City Commission of the amendments to the Land Development Regulations (LDRs) of either Version 4 or Version 5, by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan. (Motion to be phrased in the affirmative. See above.) RECOMMENDATION Move a recommendation of approval of to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 09-08, Version 5, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Appendix A -Ordinance 09-08, Version 4 and 5 Outline • Proposed LDR Amendment Ordinance 09-08 -Version 4 • Proposed LDR Amendment Ordinance 09-08 -Version 5 6 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 APPENDIX A Version 4 - "Redefining Boundaries for Historic Districts" Revised Version 2 according to recommendations by Planning and Zoning Board A. Criteria If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has been subdivided and has had its historic integrity irreversibly compromised due to inappropriate development, then the offending part of the district may be removed and the boundary lines of the historic district reduced to reflect the removal. 2. If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures. B. Removal Initiated By 1. Written Request of Property Owners within 12 months of completed City-initiated survey. 2. Historic Preservation Board dependant upon survey within last 5 years. 3. City Commission dependant upon survey within last 5 years. C. Documentation Required with Property Owner Application 1. Photographs and addresses of those properties to be removed or added 2. Signatures of 75% of property owners to be removed or added. D. Public Hearing 1. HPB provides recommendation to City Commission 2. City Commission requires majority, unless a property owner within 500' objects, then a supermajority is required. 7 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 APPENDIX A Continued... Version 5 - "Change of Historic Designation and/or Classification" Revised Version 2 incorporating the Planning and Zoning Board's recommendations, and adding "Change of Historic Classification". A. Criteria Removal from a Historic District: If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has since been subdivided has had its historic integrity irreversibly compromised due to inappropriate development, then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal. 2. Change of Historic Classification: If aCity-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised. a. The survey recommends the inclusion of an additional "Period of Significance", which could reclassify properties from non-contributing to contributing, or; b. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which could reclassify the structure from contributing to non- contributing. 3. Expansion of a Historic District: If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures, or a new historic district may be created to incorporate those identified properties. B. Initiated By 1. Removal from or Expansion into: a. Property Owners within 12 months of completed City-initiated survey. b. Historic Preservation Board or City Commission dependant upon survey within last 5 years. 2. Change of Historic Classification: a. Property Owners within 12 months of completed City-initiated survey. b. Historic Preservation Board or City Commission within 5 years of completed City- initiated survey. C. Documentation Required with Property Owner Application 1. Photographs and addresses of those properties to be removed, added, or reclassified. 2. Signatures of 75% of property owners to be removed, added, or reclassified. D. Public Hearing 1. HPB provides recommendation to City Commission. 2. City Commission requires majority, unless a property owner within 500' objects, then a supermajority is required. 8 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 9, 2008 SUBJECT: AGENDA ITEM 10.J. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 ORDINANCE N0.30-08 (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 by amending Section 2.2.6, "The Historic Preservation Board", Subsection (D), "Duties, Powers, and Responsibilities", to provide consistency with the requirements listed in other sections in the Land Development Regulations, Amending Section 4.5.1, "Historic Preservation Sites and Districts" Subsection (D), "Review and Approval Procedures", (E), "Development Standards", (F), "Restrictions on Demolitions", (H), "Undue Economic Hardship" and (I), "Historic Preservation Board to Act on Site Plans, Landscape Plans, and Architectural Elevations", to require that relocation of a structure not occur until a building permit has been issued for the associated Redevelopment Plans. BACKGROUND At the first reading on September 3, 2008, the Commission passed Ordinance No. 30-08. RECOMMENDATION Recommend approval of Ordinance No. 30-08 on the second and final reading. ORDINANCE N0.30-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (D), "DUTIES, POWERS, AND RESPONSIBILITIES", TO PROVIDE CONSISTENCY WITH THE REQUIREMENTS LISTED IN OTHER SECTIONS IN THE LDRS, AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS" SUBSECTION (D), "REVIEW AND APPROVAL PROCEDURES", (E ), "DEVELOPMENT STANDARDS", (F), "RESTRICTIONS ON DEMOLITIONS", (H), "UNDUE ECONOMIC HARDSHIP" AND (I), "HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS, AND ARCHITECTURAL ELEVATIONS", TO REQUIRE THAT RELOCATION OF A STRUCTURE NOT OCCUR UNTIL THE BUILDING PERMIT FOR THE REDEVELOPMENT PLANS HAVE SEEN ISSUED; 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 August 18, 2008 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. 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 Section 2.2.6, "The Historic Preservation Board" Subsection (D), "Duties, Powers, and Responsibilities" of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.6 The Historic Preservation Board (D) Duties, Powers, and Responsibilities (1) Develop, maintairy and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, inforniation, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. (2) Nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. (3) Participate in the National Register program to the greatest possrble extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and regulations and rules drafted pursuant hereto by the National Park Service and the State Bureau of Historic Preservation (4) Act as a regulatory body to approve, deny, or modify Certificates of Appropriateness as specified in Section 2.4.6(H). In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in Section 4.5.1(E)(8) with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, Ie~Ee;o=e?-a~ ~„d =~e~c f oot:~_, and other criteria set forth in Section 4.5.1. (5) Male recommendations concerning land development code amendments to the Planning and Zoning Board, and concerning building code amendments to the Chief Building Official, as they apply to Historic structures and districts. (6) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs which existed at the time of enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7(5)]. (7) Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for ~t~i~t~ all properties which are Individuall~gnated and/or located within historic districts. Such guidelines will be subject to reviewby the Planning and Zoning Board, and will be subject to approval by the Commission. The Board's consideration and approval of Certificates of Appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan ReviewSoard 2 ORD. N0.30-08 (8) Make recommendations to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation (9) Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs. (10) Male recommendations to the Commission concerning the use of grants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (11) Evaluate, comment upon, and make recommendations to the Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (12) Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically significant sites, buildings, structures, and districts for which demolition or destruction is proposed (13) In the name of the City, and only with the express approval of the Commission, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding, property, or interest in properly to further the purposes of historic and heritage conservation and preservation. (14) Male recommendations to the Commission, and by referral to the Planning and Zoning Soarcl, to make historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City land use plan, and any comprehensive use planning required by this state. (15) Create and approve standardized historic markers and plaques and issue recognition to designated historic sites and historic districts within the City. (16) Advise the Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites and historic districts. (1 ~ Execute any other functions which maybe approved by ordinance or resolution of the Commission. (18) Demonstrate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. 3 ORD. N0.30-08 (19) Develop and maintain a Historic Preservation Manual for the City to help property owners fulfill the regulations and requirements of this section and the regulations for historic preservation developed by the Historic Preservation Board and approval by the Commission Section 2. That Section 4.5.1, "Historic Preservation Sites and Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: Section 4.5.1 Historic Preservation Sites and Districts: (D) Review and Approval Procedures: Once properly is placed within a Historic District or designated as a Historic Site no development order shall be issued without first obtaining a Certificate of Appropriateness {C$A~ pursuant to Section 2.4.6~~H from the Historic Preservation Board Obtaining a Certificate of Appropriateness ~~ is required in addition to any other process which is required for the development application (E) Development Standards: All development regardless of use within individually designated historic properties and/or properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plary these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features shall include, but not be lirrdted to the following. (a) The architectural style, scale, general desigry and general arrangement of the structure's exterior; (b) The type and texture of building material; and (c) The type and style of all roofs, window, doors, and signs. (2) Major and Minor development: For purposes of this section, major and minor development standards shall be applied as noted in the following table: 4 ORD. N0.30-08 Zoning District Use Modification of Contributing Structures Modification of Non-Contributing Structures Under 25% Over 25% Under 25% Over 25% CBD & CF Multi-Famil Minor Minor Minor Minor Minor Non-Residential Minor Minor Minor Minor Minor R-1-A, R-1-AA, Sin le Famil /Du lex Ma or Minor Ma or Minor Ma or RO, OSSHAD, Multi-Famil Ma or Minor Ma or Minor Ma or RL, & RM, Non-Residential Major Minor Major Minor Major Notes: 1. All development on individually designated properties in all zoning districts is Nfinor 2. All development on properties in the OSSI IAD district which are subject to CBD regulations pursuant to Section 4.4.24(B) (12) is Minor. (a) For the purposes of this section, "residential" includes single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district. (b) Major development shall be considered 1. New construction in all historic districts except CSD and CF zoned properties and properties zoned OSSHAD subject to CSD design guidelines; or , 2. The construction, reconstruction, or alteration of in excess of twenty-five percent (25%) of the existing floor area of the building, and all appurtenances, except for properties zoned CSD or CF and properties zoned OSSHAD subject to CSD design guidelines. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008; or, 3. The construction, reconstruction, or alteration of any part of the front facade of an existing contributing residential or non residential structure and all appurtenances, except for properties zoned CSD or CF and properties zoned OSSHAD subject to CSD design guidelines. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. (c) NTinor development shall be considered 5 ORD. N0.30-08 1. All new construction in all historic districts on property zoned CSD and CF as well as all properties in the OSSHAD zoned district subject to the CSD design guidelines; or, 2. All modifications to existing contributing and noncontnbuting structures in all historic districts on property zoned CSD and CF as well as all properties in the OSSHAD zoning district subject to the CSD Design Guidelines; or, 3. The construction, reconstruction, or alteration of any part of the front facade of an existing noncontributing residential or non residential structures and all appurtenances; or, 4. The construction, reconstruction, or alteration of less than twenty-five percent (25%) of the existing floor area of the building and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. 5. Any changes to Individually Historically Designated properties, whether already on site or newly designated, to help facilitate the move of a historic structure into a historic district. (3) Buildings, Structures, Appurtenances and Parking. Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a) A~nurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. 1. Fences and Walls: a Quin link fences shall be clad in a green or black vinyl and shall only be used in rear yards, or where they are not visrble from the street. b. Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand alone appearance. 6 ORD. N0.30-08 c. Fences and walls over four feet (4') shall not be allowed in front or side street setbacks. d All other provisions in Section 4.6.5 shall apply. 2. Garages and Carports: a The following compatibility standards shall apply for major development, where applicable: Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. However, if this is not possible, the orientation of garages and carports shall be consistent with the maj ority of such structures within the district. ii. Garage doors should be designed to be compatible with the architectural style of the principal structure and include individual openings for vehicles rather than two car expai~ses of doors. Metal two car garage doors are discouraged (b) Parking: 1. Where feasible, alternative methods of meeting minimum parking standards contained in Sections 4.6.9(C)(8) and/or 4.6.9(E), as applicable, shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. Parking lots shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from historic structures. At a minimum, the following options shall be considered a Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right- of-way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. 7 ORD. N0.30-08 d Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways, such as concrete poured in nbbons. Avoid wide driveways and circular drives. 2. Waivers maybe granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. (4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documentecl, original design of the building maybe considerecl, among other factors. (5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be alterecl, restorecl, preservecl, repairecl, relocatecl, demolishecl, or otherwise changed in accordance with the Secretary of the Interior s Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. (6) Relocation. (a) 1. the purposes of this Section; 2. would cause undue economic hardship to the property owner in accordance with the definition of undue economic hardship found in Section 4.5.1 (Hl; or, 3. a building~ermit has been issued for the Historic Preservation Board approved redevelopment. 8 ORD. N0.30-08 (7) Demolition. Demolition of historic or archaeological sites, or buildings, structures, improvements and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition of any structure, whether contributing or non contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. All structures approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application unless the Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.1(G). (8) Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, ~ Ee;o=eraa „d =i~-~, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be deterrriiried by utilizing criteria contained in (a)-(m) below Visual compatibility for all development on individually designated properties outside the district shall be deterrriiried by comparison to other structures within the site. (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be deterrriiried through application of the following. 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. a The building height plane line is extended at an inclined angle from the intersection of the front yard properly line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio. See illustration below 9 ORD. N0.30-08 ;~ NC BUILD MAX 35' HT. ~~ ZONE ~I al ~~ CI ' 22.5't HISTORIC ~' -v------------------------ al ~ 2 STORY NT. ~ I 17.5' REAR ¢°O~ ,fl~~~ 15'¢ SETBACK 30.0'- - 35.0' BUILDING HEIGHT PLANE AT 2;1 RATIO b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 2. First Floor Maximum Height: a Single-story or first floor limits shall be established by. i. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). ii. Mean Roof Height shall not exceed eighteen feet (18'). iii. Any portion exceeding the dimeT~sions described in i. and ii above shall be considered multi-story structures. iv. See illustration below v. Sections i. and ii., above may be waived by the Historic Preservation Soard when appropriate, based on the architectural style of the building 3. Upper Story Height: 10 ORD. N0.30-08 a Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subj ect historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewallcs of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building 11 ORD. N0.30-08 (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, window, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall applyfor major development only. 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front facade must be setback a minimum of seven (7) additional feet from the front setback line: a Lots sixty-five (65) feet or less in width are exempt from this requirement. b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' - 15' side yard setbacks = 25'). c. Any part or parts of the front facade may be used to meet this requirement. d See illustration below 12 ORD. N0.30-08 e. If the entire building is set back an additional seven (7) feet, no offset is required 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side facade, which is greater than one story higi-y must be setback a minimum of five (5) additional feet from the side setback line: a To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% _ 60' - 25' front yard setback -10' rear setback = 25'). b. Any part or parts of the side facades may be used to meet this requirement. c. See illustration below 75' LOT b ~~ r T~ LDT J 1 N N }}.... 25 ' J p W N 7.5' 6' 50' 6' .5 TS 5 5' 7.5 ~ ~ N d If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. 3. Porches maybe placed in the offset portion of the front or side facades, provided they are completely open except for supporting columns and/or railings. 13 ORD. N0.30-08 (lc) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (1) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or properly and not introduce elements definitive of another style. (m) Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building 3. Qiaracteristic features of the original building shall not be destroyed or obscured 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original desigry but shall be coherent in design with the existing building 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building (9) Visual Compatibility Incentives. In order to provide design flexibility for residential structures, as defined by LDR Section 4.5.1(E)(2)(a), that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8), incentives for development shall include the following. (a) Open Air Spaces: The ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half (2:1.5) for open air spaces lirrdted to: first or second floor front porches (separation must 14 ORD. N0.30-08 be provided between floors), first or second floor side porches (separation must be provided between floors), balconies, and overlooks with open railings (see illustration belowj; and (b) Front Elevation: Up to twenty five percent (25%) of the front elevation(s) can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35'), provided twenty five percent (25%) or more of the front elevation(s) remains one (1) story as defined by LDR Section 4.5.1 (E)(8)(a)(2). The total width of extension shall not exceed eighteen feet (18') along the front elevation(s). See illustration below 15 ORD. N0.30-08 (F) Restrictions on Demolitions: No structure within a Historic District or on a Historic Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section 2.4.6(H). The Historic Preservation Soard shall be guided by the following in considering such a request. (1) The Historic Preservation Soard upon a request for demolition by a properly owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality that it mould reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expei~se. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. 16 ORD. N0.30-08 (d) Whether retaining the structure would promote the general welfare of the city by providing an opporhmity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are approved plans for immediate reuse of the properly if the proposed demolition is carved out, and what effect those plans will have on the surrounding area (2) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall ~e deternune the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (H). (3) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. (4) The Board may grant a Certificate of Appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possrble alternative to demolition The Board may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition of non contributing buildings within the historic district maybe delayed for up to three months. (5) As a condition of the Certificate of A Tpriateness approval for demolition, the Board may require that the applicant take such steps as it deems necessary to preserve the structure a requested for demolition ~~~'~ ~'_--~ ri,.,~, r- ---, includein ,consultation with community groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies, or agencies and exploration of the possibility of moving one or more structures or other features. (G) Unsafe Buildings: In the event the Chief Building Official detem-iiries that any structure within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of Ordinances, the Chief Building Official will immediately notify the Board of his findings. Where appropriate and in accordance with applicable ordinances, the Chief Building Official will attempt to have the structure repaired rather than demolished, and will take into consideration any comments and recommendations by the Board However, the provisions contained within division (A) of this section shall not apply to the Chief Building Official's declaration that a building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be required by applicable ordinances to protect the public health and safety of the community. The Board may also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with procedures in the applicable ordinances. 17 ORD. N0.30-08 (I~ Undue Economic Hardship: In ~r all instances where there is a claim of undue economic hardship, the property owner shall submit, within a reasonable period of time, prior to a meeting with the Soard the following documentation: (1) For All Property: (a) The amount paid for the property, the date of purchase, and the party from whom purchased (b) The assessed value of the land and improvements thereon, according to the two most recent assessments; (c) Real estate taxes for the previous t~ years; (d) Annual debt service or mortgage payments, if any, for the previous t~ years; (e) All appraisals, if any, obtained within the previous t~ years by the owner or applicant in connection with the purchase, financing, or ownership of the property; (f) Any listing of the property for sale or rent, price asked and offers received if any; and (g) Any consideration by the owner as to profitable adaptive uses for the property, including but not limited to possible fair market rents for the property if it v\ere rented or leased in its current condition. (2) For Income Property (Actual or Potential): (a) The annual gross income from the properly for the previous two years, if any; (b) The annual cash flow, if any, for the previous two years; and (c) The status of leases, rentals, or sales for the previous two years. (3) An applicant may submit and the Soard may require that an applicant furnish additional information relevant to the Soard's determination of any alleged undue economic hardship. The Soard may also require, in appropriate circumstances, that information be furnished under oath. 18 ORD. N0.30-08 (I) Historic Preservation Board to Act on Applications Other than Certificates of A~l~YOpYlaterieSS , , PLffSUant t0 the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all development applications for properties located within a Historic District or ex-~ter~=z for Individuallv Designated Sites as listed on the Local Register of Historic Places, subject to processing Linder Sections 2.4.5(F),(G),(H), and (I) which otherwise would be acted upon by the Site Plan Review and Appearance Board or the Planning and Zoning Board Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 19 ORD. N0.30-08 MEMORANDUM T0: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 27, 2008 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE 30-08 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION The item before the City Commission is aCity-initiated amendment to LDR Sections 2.2.6(D) to provide consistency with the requirements listed in other sections of the Land Development Regulations, and amending Sections 4.5.1 (D), 4.5.1(E), 4.5.1(F), 4.5.1(H), and 4.5.1(I) to require that relocation of a structure not occur until a building permit has been issued for the associate redevelopment plans. BACKGROUND The primary purposes of these amendments are both corrective and to add language to require that the relocation of structures not occur until building permits for associated redevelopment plans have been issued. This would apply similar regulations to both relocations and demolitions. A complete outline and analysis of the subject amendments is provided in the attached Planning and Zoning Board Staff Report. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject amendments at its meeting of August 6, 2008 and recommended approval. The Pineapple Grove Main Street committee considered the subject amendments at its meeting of August 6, 2008 and recommended approval. The Downtown Development Authority (DDA) considered the subject amendments at their August 11, 2008 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) considered the subject amendments at their August 13, 2008 meeting and recommended approval. The Planning and Zoning Board considered the subject amendments at its meeting of August 18, 2008 and recommended approval. http://www.mydelraybeach.com/Agendas/Bluesheet.aspx?ItemID=1409&MeetingID=151[9/9/2008 10:16:38 AM] RECOMMENDATION By motion, approve on first reading Ordinance No. 30-08, amending the Land Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff report and finding that the text amendments are consistent with the Comprehensive Plan and meet the criteria set forth in LDR Section 2.4.5(M). http://www.mydelraybeach.com/Agendas/Bluesheet.aspx?ItemID=1409&MeetingID=151[9/9/2008 10:16:38 AM] PLANNING AND ZONING` BQARD MEMQRANDUM STAFF REPORT MEETING OF: AUGUST 18, 2DD8 AGENDA NO: IV.F. ITEM: CITY INITIATED~AMENDMENTS PERTAINING TO THE LAND DEVELOPMENT REGULATIONS (LDR} SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (D}, "DUTIES, POWERS, AND RESPONSIBILITIES", TO PROVIDE CONSISTENCY WITH THE REQUIREMENTS LISTED IN OTHER SECTIONS IN THE LDRS, AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS" SUBSECTION (D}, "REVIEW AND APPROVAL PROCEDURES", (E}, "DEVELOPMENT STANDARDS", (F), "RESTRICTIONS ON DEMOLITIONS", (H), "UNDUE ECONOMIC HARDSHIP" AND (I), "HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS, AND ARCHITECTURAL ELEVATIONS", TO REQUIRE THAT RELOCATION OF A STRUCTURE NOT OCCUR UNTIL THE BUILDING PERMIT FOR THE REDEVELOPMENT PLANS HAS BEEN ISSUED. ' ITEM BEFORE THE 1sBOARD The item before the Board is that of malting a recommendation to the City Commission regarding City- initiated amendments to LDR Sections 2.2.6(D}, 4.5.1(E), 4.5.1(F), 4.5.1 (H}, and 4.5.1 (I) as detailed in the above caption. The primary purposes of these amendments are bath corrective and to add language to require that the rebcation of structures not occur until building permits for associated redevelopment plans have been issued. This would apply similar regulations to both relocations and demolitions. Pursuant to Section 1.1.6(A}, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. DESCR _~. __ _.. IPTION The proposed amendments are summarized below: LDR Section 2.2.6(D}(4), The Historic Preservation Board, Duties, Powers, and Responsibilities • Removes language referring to lot coverage and square footage which is not applicable, and was not deleted in the adoption of previous revisions within Ordinance 38-07; • Deletes references to "historic sites" and replaces with "all properties which are Individually Designated andlor located within historic districts"; • Corrects and removes reference of the Site Plan Review and Appearance Board regarding review of the guidelines applicable to the properties reviewed by the HPB. LDR Section 4.5.1(D), Review and Approval Procedures • Removes the reference of the COA acronym; • Corrects and references the correct LDR Section 2.4.6(H}, Certificate of Appropriateness for Individually Designated Historic Structures and all Properties Located within Historic Districts, as opposed to LDR Section 2.4.6(J), Drainage Plans. Planning and Zoning Board Meeting August 98, 2008 Ordinance 30-08 LDR Section 4.5.1(E}(6), Development Standards: Relocation Requires that the relocation of a historic structure not take place until the building permit for the redevelopment plans is issued (similar to how demolitions are addressed); • Provides for, the maintenance of the structure while awaiting issuance of the aforementioned relocation permit. LDR Section 4.5.1{E}($), Development Standards: Visual Compatibility Standards • Removes language referring to lot coverage and square footage which is not applicable, and was not deleted in the adoption of previous revisions within Ordinance 38-07. LDR Section 4.5.1(F)(2), Restrictions on Demolition • Removes "have authority to" since this was deemed unnecessary wording within sentence. LDR Section 4.5.1(F}(~), Restrictions on Demolition • Clarifies existing language in accordance with recent amendments made regarding the demolition of structures. LDR Section 4.5.1 (H}, Undue Economic Hardship • Clarifies existing language with minor edits to provide that in all instances claiming economic hardship, the property shall submit specified documentation. LDR Section 4.5.1{I}, Historic Preservation Board to Act on Site Plan, Landscape Plans, and Architectural Elevations • Clarifies existing language regarding the ability of the HPB to act on applications other than Certificates of Appropriateness. The attached ordinance (30-08} is now before the Board for recommendation to the Planning and Zoning Board. LnR TEXT AMENflMENT ANALYSIS The primary purpose of the subject amendments is to provide criteria that relocations of any structures not occur until the building permit is issued for redevelopment of the originating site. The requirements are similar to those for buildings approved for demolition. While this has not been an issue, there are no regulations providing this type of protection far the original property and its streetscape, as the creation of an empty lot affects the historic streetscape. The amendments also require that the building be maintained in a manner similar to that which existed at the time of application. This will provide for further protection and assure that the structure has not been partially demolished by neglect prior to relocation. The balance of the amendments intend to either "clean up" the existing language as it may be incorrect, or clarify existing language. REQUIRED' FINDINGS LDR Section 2.4.5(M}(5) (Findings): Pursuan# to LDR Section 2.4.5(M){5} (Findings}, in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consis#ent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: 2 Planning and Zoning Board Meeting August 9 $, 2008 Ordinance 30-08 FUTURE LAND USE ELEMENT; GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy~A-4.1. Prior to approval or recommending approval of any land use or development application far property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Policy A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. The Future Land Use Element of the City's Comprehensive Plan calls for the enhancement of the existing quality of life and mandates that redevelopment shall provide for the preservation of historic resources. These requirements are strengthened in the proposed amendments to protect the city's designated historic areas from the impact of relocafing historic properties wifhouf an assurance of imminent redevelopment. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use Element. HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE iN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housing Elemen# Objective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policy A-1,0.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policy A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housin Element Ob'ecti~e A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. 3 Planning and Zoning Board Meeting August 18, 2008 Ordinance 30-08 HotJSing Element Policy A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. The proposed LDR amendments comply with the Housing Element as nofed above in fhat they will further strive to stabilize and enhance existing historic neighborhoods through the prevention of the relocation of viable historic structures without a commitment to redevelop the property. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Housing Element. Coastal Management Element Policy B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C- 1for the specific implementation program. Coastal Management Element Policy B-2,2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Coastal Management Element 4biective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Management ,Element Policy C-1.1 The northern portion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of bath the Historic Preservation Board and the Community Redevelopment Agency. Coastal Management Element Palicy C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi-family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. The proposed LDR amendments comply with the Coasts! Management Element of the Comprehensive Plan in That They are sensitive to the two designated historic districts within this area: Nassau Street and Marina. Overall, the protection of the historical resources located in the aforementioned historic districfs will continue to be enforced by providing that relocations of historic structures will require that permits for redevelopment wil! be issued prior to the removal of existing structures. Upon consideration of the above, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Coastal Management Element. ~ ASSI=SSMENT __.- -- The Comprehensive Plan calls for the preservation of historic resources, the rehabilitation of historically significant housing, and the promotion of historic designations as a revitalization tool. The proposed amendments achieve the aforementioned goals and policies by placing additional emphasis on the importance of maintaining the historic streetscapes within the designated districts. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. 4 Planning and Zoning Board Meeting August 18, 2008 Ordinance 30-08 ... - ~` REVIEW BY OTHERS ---- -__ The Historic Preservation Board (HPB) considered the subject amendments at its meeting of August 6, 2008 where a recommendation of approval was made. The Pineapple Grove Main Street committee considered the subject amendments at its meeting of August 6, 2008 where a recommendation of approval was made. The Downtown Development Authority {DDA) considered the subject amendments at their August 11, 2008 meeting, where a recommendation of approval was made. The West A#lantic Redevelopment Coalition (WARC) considered the subject amendments at their August 13, 2008 meeting, where a recommendation of approval was made. First Reading by the City Commission is anticipated for the regular meeting of Wednesday, September 3, 2008, with Second Reading to occur at the City Commission meeting of Tuesday, September 16, 2008. Letters of objection and support, if any, will be presented at the meeting. ALTERNATII/E ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 30-08 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. C. Move a recommendation of denial to the City Commission of the amendments to the Land Development Regulations {LDRs) associated with Ordinance 30-08 by adopting the findings of fact and law contained in the staff repork and finding that the request is inconsistent with the Comprehensive Plan. (Motion to be phrased in the affirmative. See above.) ., REC4MMI~NDATiQN ~ . Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 30-08 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Prepared by: Amy E, Alvarez, Historic Preservation Planner Attachments: • Proposed LDR Amendment Ordinance 30-08. 5 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 8, 2008 SUBJECT: AGENDA ITEM 10.K. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 ORDINANCE 35-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This item is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.19(D), "Preservation and Promotion of Existing Plant Communities"; amending Section 4.6.19(E), "Tree Removal and Land Clearing Permits", amending Appendix "A", "Definitions", to clarify the regulations governing the "Tree Trust Fund" BACKGROUND At the first reading on September 3, 2008, the Commission passed Ordinance No. 35-08. RECOMMENDATION Recommend approval of Ordinance No. 35-08 on the second and final reading. ORDINANCE N0.35-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, SY AMENDING SECTION 4.6.19(D), "PRESERVATION AND PROMOTION OF EXISTING PLANT COMMUNITIES"; AMENDING SECTION 4.6.19(E), "TREE REMOVAL AND LAND CLEARING PERMITS", AMENDING APPENDIX "A", "DEFINITIONS", TO CLARIFY THE REGULATIONS GOVERNING THE TREE TRUST FUND; 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 July 21, 2008, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has determined that the change is consistent with and does further 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. NOW, THEREFORE, SE IT ORDAINED SY 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 Section 4.6.19, "Tree Ordinance", Subsection 4.6.19(D), "Preservation and Promotion of Existing Plant Communities" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Preservation and Promotion of Existing Plant Communities: All existing native plant commuulities on sites proposed for development shall be preserved where possible through their incorporation into the required open space. Existing plant communities that are specified to remain shall be preserved to the greatest extent possible with trees, understory, and ground covers left intact and undisturbed, except for the eradication of prohibited plant species. In addition, stands of trees, with or without understory plantings shall also be preserved The following shall apply. (1) Tree Protection: During the Site Plan Approval process, a tree survey shall be required showing the location, diameter, species and condition of all trees with greater than a 4" diameter measured at 41/2 feet above grade. All development proposals shall protect existing trees on site to the fullest extent possible and shall illustrate on the site landscape all new development in relation to all trees on the site with a four inch (4") or greater tn~k diameter. (a) Trees which are to be preserved on a site shall be protected from damage during the construction process according to appropriate tree protection techniques. The "Tree Protection Manual for Builders and Developers" published by the Division of Forestry of the State of Florida, Department of Agriculture and Consumer Service, shall be the standard for determining the appropriateness of proposed techniques. --All trees which are to be preserved and do not survive shall be replaced by a tree of equal size or an equivalent number of trees based on trunk diameter. (2) Designation/Protection of Exceptional Specimen Trees: Where site or development plan approval is required, the approving board shall make the determination in conjunction with the Chief Building Official or his/her designee that a tree meets the designation criteria for an exceptional specimen tree. All development proposals shall protect existing trees to the fullest extent possible and shall illustrate on the site landscape plan all new development in relation to all existing exceptional specimen trees on the site. During the Site Plan Approval process, a tree survey shall be required showing the location, diameter, species and condition of all exceptional specimen trees. Every effort shall be made to incorporate exceptional specimen trees in the development plan on site without relocating them. If saving the tree in its existing location is not feasrble then the tree should be relocated on site. If saving such trees severely restricts the perrrntted use of the property, then the tree shall be allowed to be relocated off-site. Destruction of the tree(s) is the last option which maybe done upon issuance of a tree removal permit, after all other considerations have been exhausted (3) Substitution of Mature, Exceptional Specimen Trees/Specimen Trees for Required Parking: (a) The City may require or the applicant may request the substitution of existing, mature, healthy, exceptional specimen/specimen trees specimens for required parking spaces in instances where the following conditions are met: Such trees are of a hard~od and/or deciduous variety and a minimum of twenty-four inches (24") in diameter measured at four and a half feet (41 /2') above grade. 2. Such trees are free of disease and insects. 2 ORD. N0.35-08 3. Every effort has been made in planning and design of parking areas to accommodate such trees in the landscape islands as required by the Land Development Regulations. 4. Such trees are protected during construction as prescribed in the Land Development Regulations. (b) The applicant shall indicate on the site plan the location of all required parking spaces and indicate those spaces that will be eliminated in order to preserve trees. The amount of parking spaces permitted to be eliminated for any project shall be determined on a case by case basis. (c) The Historic Preservation Board (HPS) or Site Plan Review and Appearance Board (SPRAB), as appropriate, may approve such requests or require such preservation provided the conditions of this subsection are met. (d) A decision of HPS or SPRAB disapproving a request for or requiring tree preservation maybe appealed to the City Commission pursuant to LDR Section 2.4.7(E ). (e) All tree(s) which are to be preserved Linder this section and do not survive shall be replaced with the equivalent number of caliper inches or by a tree with a minimum of eighteen feet (18') in height and a ten foot (10') spread of canopy. Where the tree cannot be accommodated on a caliper inch per-inch basis, and an in lieu of fee shall be deposited into the tree trust fund to make up the difference. The in lieu fee shall be calculated at one-hundred dollars ($100.00) per caliper inch for such difference. The Chief Building Official or his/her designee shall approve such replacements. Section 3. That Section 4.6.19, "Tree Ordinance", Subsection 4.6.19(E), "Tree Removal and Land Clearing Permits" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (E) Tree Removal and Land Clearing Permits: Tree and land clearing permits are required and are subject to the following. (1) Permit Reduired: It shall be unlawful for any person, without first obtaining a permit, to remove or cause to be removed or effectively remove through damaging any tree, in any zoning district including single family homes, with a diameter of four inches (4") or more being measured four and one-half (41/2') feet above grade and/or any exceptional specimen tree. (a) No land clearing or tree removal permit shall be issued for a properly Lentil the proposed development plan has received Site Plan Approval 3 ORD. N0.35-08 from the Planning & Zoning Departmealt. This process requires the submittal of a tree survey, indicating trees proposed to be removed, relocated on site, or remain in place on site. Any exceptional specimen trees must be identified on the tree survey required by Section 4.6.19(E)(2). Once the project has been approved by P & Z, and the Building permit applications, and attendant building permit fees have been paid the developer may obtain permits to begin tree removal and land clearing. (b) In the case of most single family homes, the P & Z process is not required, but the land clearing permit and/or tree removal permit will be reviewed along with the proposed building and landscape plans. Those single family homes that are located within Historic Districts or in the Beach Overlay District or are individually designated as historic must follow the planning and zoning process as provided in the Land Development Regulations The land clearing and tree removal permit will be issued with the entire permit package. (2) Permit Application Information Reduired: The following information and documentation must be provided with the tree removal or land clearing permit application: (a) A copy of the approved site landscape plan showing the location of proposed or existing driveways, parking and structures on the site. (b) A tree survey shall be required for all projects which are required to receive Planning & Zoning Departmealt approval. For single family homes and duplexes, a less formal plan, indicating the location of all trees with identification as to species, trunk diameter, and height can be substituted for a professional tree survey except for those single-family homes that are located within historic districts, in the Beach Overlay District or are individually designed as historic; these homes must provide a tree survey. (c) Designation of all diseased trees and any trees endangering any structures, roadways, pavement, utilities, and/or utility lines. (d) Designation of any trees proposed to be removed from the site, relocated on the site, or retained in their present location. (e) Any proposed grade changes which might adversely affect or endanger any trees on the site with specifications as to how to maintain such endangered trees. 4 ORD. N0.35-08 (3) Procedure: Upon acceptance of the application, the Chief Building Official, or designee, shall inspect the site and verify the information provided in the application and shall identify what measures must be taken with respect to tree protection, tree removal and erosion control Trees maybe removed if the following conditions exist. (a) The tree is located in the buildable area or yard area where a structure or improvements are to be placed and it unreasonably restricts the permitted use of the property; and the tree cannot be relocated on the site because of its condition, size, type, or age; (b) The tree is diseased injured in danger of falling, too close to existing or proposed structures, interferes with utility services, creates unsafe vision clearance, or deemed to be hazardous by the Chief Building Official or his/her designee. Observable physical damage to building foundations, driveways, and water and sewer lines shall also constitute a reasonable request for the removal of a tree. (4) Issuance of Permit: (a) Normal Issuance: Upon approval of the application by the Chief Building Official or his/her designee, and payment of the application fee, a permit shall be issued The permit shall require compliance with the conditions of approval, a copy of which shall be provided with the permit. The permit shall be valid for a period of 180 days. Permit applications that include tree removal must be submitted by a tree trimmer or arborist, licensed with the City of Delray Beach. Contractors licensed simply as a landscape contractor shall not remove trees. (b) Issuance for Single Family Units: On the property of single family residences, the owner may submit a land clearing or tree removal permit application to do the irk himself, providing the dwelling is owner occupied and providing that the extent of the work, in the opinion of the Chief Building Official, or his/her designee, can be done safely by the property owner. (c) Emergency Issuance: In the event that any tree shall be deternuned to be hazardous or in a condition so as to endanger the public health or safety, and require removal without delay, verbal authorization may be given by the Chief Building Official or designee and the tree may be removed prior to the issuance of a permit as herein required A permit shall be applied for 'after the fact' within seven (7) days of the verbal authorization and removal. 5 ORD. N0.35-08 (d) Hurricanes: During emergencies caused by hurricanes or other disaster, the City may suspend all or part of the land clearing and tree removal permit requirements for an indefinite period of time. Trees which Dave been uprooted, blown over and cannot be righted, or whose major branches are split or broken may be removed after a hurricane, for a period of sixty (60) days after the storm event without obtaining a permit from the City. Trees identified on a 'Landscape Plan of Record' will ultimately have to be replaced Residential uses shall have one year after the storm event for replacements and non residential uses shall have six (6) months to replace required trees and palms. (5) Imposition of Conditions: The permit shall set forth mitigation of adverse impacts, included in the 'conditions of approval' associated with removal or relocation as provided for in the following. (a) The tree may be required to be relocated to a suitable location on the site. Trees with a fifteen (15) inch caliper or less are expected to be relocated, if possrble. (b) All trees removed shall be replaced with one or more trees with the equivalent number of caliper inches with the direction of the Chief Building Official or his/her designee. (c) All replacement trees must be planted within sixty (60) days of the issuance of the permit, or within the guidelines established for tree replacements in connection with major storm events, unless a phasing plan has been approved by the City. (d) Where the properly cannot accommodate tree replacement on a caliper inch per-inch basis, an in lieu of fee shall be deposited into the Tree Trust Fund The in lieu fee shall be calculated at one-hundred dollars ($100.OO~per caliper inch Trees deternuned to be diseased, injured, in danger of falling, too close to existing or proposed structures, interfering with utility services, creating unsafe vision clearance, or deemed to be hazardous by the Chief Building Official or his/her designee, shall be exempt from replacement on a caliper inchper-inch basis and shall not be required to deposit the in lieu of fee into the Tree Trust Fund but the applicant shall be required to plant a tree with a minimum helve foot (12') height and six foot (6') spread of canopy. (6) Exceptions to Permit Requirements: 6 ORD. N0.35-08 (a) Tree Species Exceptions: The following tree species maybe removed without a permit fee as they are considered nuisance trees. A permit application is required however, to ensure the irk is being done by a licensed and insured tree trimmer. When these trees are indicated on the landscape plan of record, approval shall be conditioned upon their replacement. Australian Pine -Casuarina Species Brazilian Pepper - Schinus terebinthifolius Melaleuca - Melaleuca quinquenervia Carrot~od - Cupianopsis anacardioides E arleaf Acacia -Acacia auriculiforinis Scheffelera - Srassaia actinophylla Sischofia - Sischofia javanica (b) Location Exceptions: Removal permits shall not be required 1. On the properly of licensed tree nurseries; or 2. When work is done by the electric utility company within the cityright-of-way or on city property; or Within the rights-of-way of the Lake Worth Drainage District, as governed by the Interlocal Agreement with the City, approved in 2003; or 4. On city lands, rights-of-way and easements, the City shall have the right to plant, prime, maintain and remove trees as may be necessary to ensure public safety or preserve and enhance the beauty of public grounds. The City shall not have to obtain a tree removal permit to remove such trees. (7) Permit Fees: (a) Land Clearing & Tree Removal Permit Fees: Permit fees for Land Clearing Permits are based on the total number of acres. An additional fee is required for each tree removed Permit Fee amounts are provided in Section 2.4.3(k)(2) of the Land Development Regulations. (b) Permit Fee Waived: Where a tree has died due to natural causes, including disease, lethal yellowing, freezing, lightning or stornis, or if the tree is of a prohibited species, there shall be no permit fee, even though inspection and pemutting and replacement requirements shall be met. 7 ORD. N0.35-08 (8) Penalties: (a) Triple Fees: The penalty for failure to obtain a permit shall result in a triple-fee for each violation including each tree removed All trees removed shall be replaced with one or more trees with the equivalent number of caliper inches with the direction of the Chief Building Official or his/her designee. Where the property cannot accommodate tree replacement on a caliper inch per-inch basis, an in lieu fee shall be deposited into the Tree Trust Fund. The in lieu fee shall be calculated at one-hundred dollars ($100.OO~per caliper inch and be in addition to the triple permit fee penalty (b) Exceptional Specimen Trees: The penalty for removing a exceptional specimen tree shall be a five hundred dollar ($500.00) fine in addition to replacement of the historic tree with one or more trees with the equivalent number of caliper inches with the direction of the Chief Building Official or his/her designee. Where the property cannot accommodate tree replacement on a caliper inchper-inch basis, an in lieu fee shall be deposited into the Tree Trust Fund The in lieu fee shall be calculated at one-hundred dollars ($100.OO~per caliper inch and be in addition to the exceptional specimen tree removal penalty Section 4. That Appendix "A", "Definitions" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: TREE TRUST FUND An account established by the Cites Finance Departrr~ent into which in lieu funds for owners and/or developers who are Linable or un ' ' to comply with the tree or palm planting/replacement requirements of the Cites Land Development Regulations ma~eposit the in lieu funds. , .These funds shall be used to off-set the Cites costs for future trees and palms and tree trimming for parks and streetscapes. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed 8 ORD. N0.35-08 Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYO R City Clerk First Reading Second Reading 9 ORD. N0.35-08 MEMORANDUM T0: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning THROUGH: Paul Dorling, AICP, Director Planning and Zoning DATE: August 28, 2008 SUBJECT: AGENDA ITEM 10.I. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE 35-08 TREE TRUST FUND ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to clarify the regulations governing the Tree Trust Fund. BACKGROUND The existing Tree Ordinance (LDR Section 4.6.19) includes mitigation provisions for tree removal for cases both with and without permits. Specifically, Sections 4.6.19(D) and 4.6.19(E) include mitigation for trees removed (without replacement), that is tied to the caliper inch size of the tree(s) removed. The mitigation/penalty is a monetary amount to be deposited into the Tree Trust Fund. While the method to determine the penalty is specified in the Tree Ordinance, reference must currently be made to the definition of Tree Trust Fund to find the penalty amount. This ordinance amends the sections of the Tree Ordinance to appropriately include and specify the fee amount and the method of calculation, and removes the monetary amount from the Tree Trust Fund definition. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 21, 2008. The Board unanimously recommended approval on a 4 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. 35-08 for aCity-initiated amendment to the Land Development Regulations, 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. http://miweb001/Agendas/Bluesheet.aspx?ItemID=1428&MeetingID=151[9/8/2008 4:21:43 PM] PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JULY 21, 2008 AGENDA NO: IV.E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE CLARIFICATION AS IT RELATES TO THE REGULATIONS PERTAINING TO THE TREE TRUST FUND. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to "Appendix A, Definitions" of the Land Development Regulations (LDRs) to provide clarification as it relates to the regulations pertaining to the Tree Trust Fund. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS The existing Tree Ordinance (LDR Section 4.6.19) includes mitigation provisions for tree removal for cases both with and without permits. Specifically, Sections 4.6.19(E)(5)(d) and 4.6.19(E)(8)(a) include mitigation for trees removed, without replacement, that is tied to the caliper inch size of the tree(s) removed. The mitigation/penalty is a monetary amount to be deposited into the Tree Trust Fund. While the method to determine the penalty is specified in the Tree Ordinance, it is not specified in the definition of Tree Trust Fund. This ordinance amends the definition of Tree Trust Fund to specify that the caliper inch measurement of the removed tree(s) is the factor used to determine the amount of the penalty/mitigation to be paid as an in-lieu fee into Tree Trust Fund. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While no specific areas of the Comprehensive Plan relate to this item, the amendment would not be inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Meeting, July 21, 2008 LDR Amendment -Tree Trust Fund ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Appendix "A", "Definitions", to provide clarification as it relates to the regulations pertaining to the tree trust fund, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Appendix "A", "Definitions", to provide clarification as it relates to the regulations pertaining to the tree trust fund, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Appendix "A", "Definitions", to provide clarification as it relates to the regulations pertaining to the tree trust fund, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). attachment: ^ proposed ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 9, 2008 SUBJECT: AGENDA ITEM 10.L. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 ORDINANCE N0.38-08 (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 Regulation (LDR) by amending Section 2.4.3, "Submission Requirements", Subsection (K) "Fees" to provide fees for extension requests; Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsections (D), "Establishment of Project Approvals", (E), "Expiration of Approvals", and (F), "Extensions", to provide for the expiration and extension of time for Class I-V Site Plan Modifications and Certificates of Appropriateness. BACKGROUND At first reading on September 3, 2008, the Commission passed Ordinance No. 38-08. The caption of the ordinance was modified slightly after first reading to add a reference to expiration and extension of time for Class I - V Site Plan Modifications. RECOMMENDATION Recommend approval of Ordinance No. 38-08 on second and final reading. MEMORANDUM T0: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 26, 2008 SUBJECT: AGENDA ITEM 10.J. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2008 ORDINANCE NO. 38-08 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION The item before the City Commission is aCity-initiated amendment to LDR Sections 2.4.3(K), 2.4.4(D), 2.4.4(E), and 2.4.4(F), to provide for the extension of approved development applications and associated extension request fees pursuant to LDR Section 2.4.5(M). BACKGROUND The subject amendments clarify the approval periods for Class I-V site development plans, site plan modifications, and conditional use requests. The amendments also establish approval periods for all Certificates of Appropriateness including modifications of previously unestablished Certificate of Appropriateness. Currently, Certificates of Appropriateness and Site Plan Modifications do not have a stipulated expiration date in the LDRs. The amendment also establishes a fee schedule for all extension requests which is similar to other fee categories and is approximately half the initial application fee. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on August 18, 2008. The Board unanimously recommended approval on a 4 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. 38-08 for Cityinitiated amendments to the Land Development Regulations (LDR) Sections 2.4.3(K), 2.4.4(D), 2.4.4(E), and 2.4.4(F), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://www.mydelraybeach.com/Agendas/Bluesheet.aspx?ItemID=1408&MeetingID=151[9/9/2008 9:22:48 AM] ORDINANCE NO. 38-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", IN ORDER TO PROVIDE FEES FOR EXTENSION REQUESTS; AMENDING SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTIONS (D), "ESTABLISHMENT OF PROJECT APPROVALS", (E), "EXPIRATION OF APPROVALS", AND (F'), "EXTENSIONS", TO PROVIDE FOR THE EXPIRATION AND EXTENSION OF TIME FOR CLASS I - V SITE PLAN MODIFICATIONS AND CERTIFICATE OF APPROPRIATENESS; 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 August 18, 2008 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. 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 Section 2.4.3, "Submission Requirements", Subsection (K), "Fees", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: 2.4.3(K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated Combined applications shall provide multiple fees. (lc) Extension requests for a previo conditional use or site plan approval 12 {#~ €ees-tee Class I Site Plan Modification $ 55 Class II Site Plan Modification $ 115 Class III Site Plan Modification $ 275 Class IV Site Plan Modification $ 430 Class V Site Plan $ 610 Conditional Use $ 750 Conditional Use Modification $ 305 Certificate of Appropriateness for Minor Development $ 30 Certificate of Appropriateness for Mai or Development $ 280 (q) Certificate of Appropriateness by Soard (14) Minor Development $ 60 (2) ,.r„t.,~~r,,,-,..,,,+;~r .,ra naa;~;~r„ Dior Development $ 555 (1) ~ ~~~ a~~~ (r) Certificate of Appropriateness by Staff $ 0 13 NOTES: (1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. (5) Same fee that would apply for site plan modification (12) Two fees are required if both a Conditional Use and Site Plan or Site Plan Modification are being extended for one proT (13) There is no fee if the item is listed as an application permitted for Staff approval. (14) Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, and/or Conditional Use. Section 3. That Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsections (D), "Establishment of Project Approvals", (E ), "Expiration of Approvals", and (F'), "Extensions", of the Land Development Regulations of the City of Delray Seach, Florida, be and the same are hereby amended to read as follows: 2 ORD. N0.38-08 Section 2.4.4 General Procedures Pertaining to Approval of Land Use and Development A~nlications: The following provisions apply to various land development applications: (D) Establishment of Project Approvals: All approvals shall be considered established when i#~eets theme one of the following tests: (1) Improvements representing twenty--five percent (25%) of the total cost of all improverr~ents associated with the proTp~roval have been constructed (2) A certificate of occupancy has been issued for use of the property pursuant to the development approval. (E) Expiration of Approvals: (~)(1) Conditional Uses, Site Plans, Site Plan Modifications , "°~'~~}~~}--°~' 7"~~~, Preliminary Subdivision Plats: , All approval expiration dates for Conditional Use, Site Plan, Site Plan Modification and Preliminary Subdivision Plat shall be detemlined as follows: a) Anvrovals of Class IV and V Site Plans, Conditional Uses, and Maor Conditional Use Modifications shall be valid for a period of teen ,T four (24) months. Class I-III Site Plan Modifications and NTinor Conditional Use Modifications to an approved and established proiect, shall be considered a new approval and have an additional twee , -four 24) month approval period Class I-III Site Plan Modifications and Minor ORD. N0.38-08 Conditional Use Modifications to an approved vet unestablished proiect, shall be valid Lentil the expiration date for the original Site Plan and/or Conditional Use approval. {~(2) Certificates of Appropriateness: Certificates of Appropriateness approvals associated with a Site Plan, Site Plan Modification and/or Conditional Use application shall followtimelines provided in Section 2.4.4(E (1~ ). All approval expiration dates for Certificates of A Tpriateness not associated with a Site Plan, Site Plan Modification, or Conditional Use shall be detemlined as follows: (a) New Certificates of Appropriateness approvals or any revision as defined by Section 4.5.1(E (2) of an approved and established` JproT shall be valid for a period of teen , -foUY 24) months. An' lV 11( ll Vl revision, as defined by Section 4.5.1(E,Z(2), of an approved~t unestablished Certificate of Appropriateness, shall be considered a new aUnroval and have an additional teen , -four 24) month approval period Any minor revision, as defined by Section 4.5.1(E (2), of an aUnr~yet unestablished Certificate of Appropriateness shall be valid for the original Certificate of Appropriateness approval period (3) Extensions of approved applications may be granted pLirsuant to LDR Section 2.4.4 F {~~ , Relief from Parking Requirements, Waivers, Adjustments: ~ These approvals ° associated with a specific development application shall remain valid for the same period as said development application ~kes~ ado not run with the land nor are they transferable to another development proposal. {~4)~ Abandonments, Final Plats, Variances: ~~'~ ~~„~~ ~~'~~„~ °~~~~~ ,.,m .,,:+~, +~,,, (a) Once approved by the City Commission, the final plat must be recorded within eighteen (18) months. If the final plat is not recorded within eighteen (18) months, the approval expires. (b) A final plat may be vacated by action of the City Commission [See Section 2.4.5(L)]. (c) Abandonments, Final Plats, and Variances are final actions which rim with the land ORD. N0.38-08 (F) Extensions: Extensions maybe granted to a r~°1~t aunr~ listed under Sections 2.4.4(E) 1 and (2) pursuant to the following. (1) General: (a) A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; (b) The letter must set forth the basis and reason for the extension; (c) The extension shall be considered by the same body which granted the original approval; (d) The extension, if granted, shall be for eighteen months unless otherwise stated; (2) Construction has Commenced: 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), which follows, 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. 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); ~ ~b 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 Section 4. 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 5 ORD. N0.38-08 Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 6 ORD. N0.38-08 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AUGUST 18, 2008 AGENDA NO.: lV. H. AGENDA ITEM: ORDINANCE 3$-0$: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", IN ORDER TO PROVIDE FEES FOR EXTENSfON REQUESTS; SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTIONS (D), "ESTABLISHMENT OF PROJECT APPROVALS", {E), "EXPIRATION OF APPROVALS", AND {F), "EXTENSIONS", TO PROVIDE FOR EXTENSIONS OF TIME FOR CERTIFICATE OF APPROPRIATENESS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) Section 2.4.3(K}, Section 2.4.4(D), Section 2.4.4(E), and Section 2.4.40'), to provide for the extension of approved development applications and associated extension request fees pursuant to LDR Section 2.4.5{M}. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. DESCRIPTfON AND ANALYSIS The subject amendments clarify the approval periods for Class I-V site development plans, site plan modifications, and conditional use requests. The amendments also establish approval periods for all Certificates of Appropriateness including modifications of previously unestablished Certificate of Appropriateness. Currently, Certificates of Appropriateness and Site Plan Modifications do not have a stipulated expiration date in the LDRs. The amendment also establishes a fee schedule far all extension requests which is similar to other fee categories and is approximately half the ini#ial application fee. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RECOfYIMENf3ED ACTION Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations {LDRs) associated with Ordinance 38-0$ by adopting the findings of fact and law contained in the staff report and Ending that the request is consistent with the Comprehensive Plan. Report Prepared By: Amy E. Alvarez, Hisforic Preservaflan Planner Atfachment: Ordinance 38-08