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07-15-08 Agenda Reg
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, .Tuly 15, 2008 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, Regular Meeting 6:00 p.m. public comments, Commission discussion and official action. City Public Hearings 7:00 p.m. Commission meetings are business meetings and the right to limit Delray Beach City Hall discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign- in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an Phone: (561) 243-7000 individual with a disability an opportunity to participate in and Fax: (561) 243-3774 enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. July 1, 2008 -Regular Meeting B. July 8, 2008 -Workshop Meeting 6. PROCLAMATIONS: A. Recognizing and commending Carole R. Shetler for 34 years of dedicated service at the School District of Palm Beach County and her many contributions to the Delray Beach Community 7. PRESENTATIONS: A. Recognizing Lula Butler for her participation as a case study presenter in the Transforming Local Government Conference B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation C. RESOLUTION NO. 29-08: Approve Resolution No. 29-08 recognizing and commending Commissioner Brenda Montague for her dedicated public service to the City of Delray Beach CONSENT AGENDA: City Manager Recommends Approval A• ACCEPTANCE OF WATER EASEMENT DEED/N.E 5th AVENUE: Approve and accept a water easement deed for the installation of a fire hydrant on the west side of N.E. 5th Avenue. B. CONTRACT CLOSEOUT (C.O. NO. 7/FINAL)/CHAZ EQUIPMENT COMPANY, INC/BLOCK 64 WATER MAIN IMPROVEMENTS PROTECT: Approve a Contract Closeout (C.O. No. 7/Final) in the amount of a $9,668.50 decrease and final payment in the amount of $11,314.57 to Chaz Equipment Company, Inc. for the completion of the Block 64 Water Main Improvements Project. Funding is available from 442-5178-536-65.33 (Water/Sewer Renewal and Replacement Fund/Other Improvements/Block 64). C. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/RANDOLPH AND DEWDNEY CONSTRUCTION, INC,/POMPEY PARK IMPROVEMENTS PROTECT: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of a $462.62 decrease and final payment in the amount of $60,291.99 to Randolph & Dewdney Constructions, Inc. for the completion of the Pompey Park Community Center Improvements Project. Funding is available from 380-4150-572-62.61 (2004 G.O. Bond/Buildings/Pompey Park Expansion). D. SUPPLEMENTAL N0.3 TO SERVICE AUTHORIZATION NO. 2/CH2M HILL/POMPEY PARK BUILDING IMPROVEMENTS PROTECT: Approve Supplemental No. 3 to Service Authorization No. 2 in the amount of $3,000.00 to CH2M Hill regarding the Pompey Park Building Improvements. Funding is available from 380-4150-572-62.61 (Parks & Recreation/Pompev Park Expansion). E. AMENDMENT NO. 1 TO THE DISASTER RECOVERY INITIATIVE AGREEMENT/PALM BEACH COUNTY: Approve Amendment No. 1 to the agreement between the City and Palm Beach County for Disaster Recovery Initiative (DRI) funding of the extension of Mango Road/S.W. 7th Avenue project extending the deadline for completion to December 31, 2008. F. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointments of Mr. Peter Arts, Community Redevelopment Agency Representative (alternate member) and Mr. David Cook, Chamber of Commerce Representative (regular member) to the Parking Management Advisory Board for terms ending July 31, 2010. G. RESOLUTION NO. 26-08: Approve and adopt Resolution No. 26-08 providing that the City of Delray Beach will apply to be designated as a Preserve America Community H. APPLICATION/COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP): Approve and authorize submission of an application to the Department of Homeland Security, Urban Area Security Initiative (UASI) for the "dTective Forensic Video Evidence Enhancement Clarification and Analysis System in an estimated value of $10,000.00 for the Police Department. Funding is available from 001-2115-521-46.20 (General Fund/Equipment Maintenance). L LEASE AGREEMENT/T-MOBILE/TELECOMMUNICATIONS TOWER AT BARWICK PARK: Approve a lease agreement between the City and T-Mobile providing T-Mobile will pay the City a monthly rental fee of $1,800.00 with a 3% annual increase in the rental fee,~lus 30% of the gross monthly rent received by T-Mobile for each subtenant co-locating on the tower; and the City shall lease an area not to exceed 800 square feet to allow T-Mobile to construct a 90 foot stealth flagpole communications tower (monopole) at Barwick Park. J. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT/DELRAY BEACH FAMILY RECREATION AND FITNESS CENTER: Approve an agreement between the City and the Florida Department of Environmental Protection for a reimbursable grant from the Florida Recreation Development Assistance Program (FRDAP) in the amount of $61,025.00 and the City match of $20,342.00 for construction of the playground area at the Delray Beach Family Recreation and Fitness Center. Funding is available from 334-4148-572- 68.44 (General Construction Fund/Other Improvements/Family Recreation Playground Area). K. SPECIAL EVENT REQUEST/10th ANNUAL GARLIC FESTIVAL: Approve a special event request for the 10th Annual Garlic Festival to be held on the grounds of Old School Square on February 13 -15, 2009, and to grant a temporary use permit per LDR's Section 2.4.60 for use of City rights-of-way to include NE 1St Avenue from Atlantic to the grass area at Old School Sduare, Swinton Avenue from Atlantic to NE 1St Street, the southwest section of the Old School Square parking lot, from 6:00 a.m., February 12 through midnight, February 15, 2009 and use of the Old School Square Parking Garage, CRA parking lots in block 60, the City Attorney lot and the County Parking Garage and Library lots for event parking, and authorize staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation, site clean up and trash removal, City generator use, and waiver of the two ~) hour parking limit in the downtown area during the event; subject to the conditions outlined in the staff report. L• SPECIAL EVENT REQUEST/5TH ANNUAL FAMILY FUN DAY AT POMPEY PARK: Approve a special event reauest for the 5th Annual Familv Fun Dav at Pompev Park co-produced by the Parks and Recreation Department and Roots Cultural Festival Inc. proposed to be held August 2, 2008 at Pompev Park from 4:00 p.m. to 11:00 p.m. and authorize staff support for security, trash removal and clean up assistance, trash boxes, use of the large City stage, City generator use,~reparation and installation of event signage, and EMS assistance, if required by the Fire Department. M. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Approve a special event request to conduct the 41St Annual Saint Patrick's Day Parade proposed to be held on Saturday March 14, 2009 beginning with set up at 11:00 a.m.,~arade starting at 1:00 p.m. and ending at approximately 3:00 p.m. and event at Old School Square from 11:00 a.m. to 7:30 p.m., and to grant a temporary use permit per LDR's Section 2.4.60 for the use of Atlantic Avenue from Venetian Drive to NW 1St Avenue for the parade and Venetian Drive and Gleason Street for staging of parade entries, and to approve staff support for traffic control and security barricading, trash removal, EMS assistance, use of a City generator, use of the small stage, assistance in obtaining the FDOT permit and to allow event signage to be put up 10 days prior to the event, subject to the conditions listed in the staff report. N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period .Tune 30, 2008 through .Tuly 11, 2008. O. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Berg Demolition, Inc. in the amount of $20,025.00 for the demolition of four (4) structures, subject to execution of the City's standard agreement and approval by the City Attorney. Funding is available from 118-1965-554-34.35 (Community Development/Other Contractual Services/LTnsafe Buildings/Structures). 2. Purchase award to Dell Corporation in the amount of $37,417.45 through Florida State Contract #250-000-03-1 for the purchase of additional disk storage space for the Storage Area Network (SANS). Funding is available from 334-6112-519-64.11 (General Construction Fund/Professional Services/Other Professional Services) and 441-5161-563-64.11 (Water and Sewer Fund/Professional Services/Other Professional Services). REGULAR AGENDA: A. WAIVER REQUEST/ALOHA CLEANERS: Consider a waiver request to Land Development Regulations (LDR) Section 4.3.4(H~(6)(b)(2), "Special Landscape Setbacks", which requires a 10 foot landscape setback along Federal Highway in association with the Aloha Cleaners Development Proposal. Aloha Cleaners is located at 501 N.E. 2"a Street. (Quasi-Judicial Hearing) B. WAIVER RE~UEST/WAL-MART: Consider a waiver request to Land Development Regulations (LDR) Section 4.6.9(D~(3)(a), "Point of Access to the Street System", which allows for a maximum driveway width of up to 36 feet (48 feet proposed, for Wal-Mart, located at 16205 South Military Trail. (Quasi-Judicial Hearing) C• WAIVER RE~UEST/La CIGALE RESTAURANT: Consider a request for waiver of Land Development Regulations (LDR) Sections 4.6.7~)(3)(c)(2), "Allowed Totally in Standard Setback", governing the size and placements of signs related to the La Cigale Restaurant, located at 253 S.E. 5th Avenue. (Quasi-Judicial Hearing) D. PARKING LICENSE AGREEMENT/GAFFE LUNA ROSA, INC.:Consider approval of a parking license agreement with Gaffe Luna Rosa 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 agreements entered into on April 1, 2007 and April 1, 2008 to provide for one complete agreement. E. RESOLUTION NO. 28-08:Consider approval of Resolution No. 28-08 amending Resolution No. 67-07 which created the Green Task Force in order to provide an extension of time to November 27, 2008. F. SPONSORSHIP RE~UEST/FLORIDA TRUST FOR HISTORIC PRSERVATION 2009 CONFERENCE): Consider a request for funding a sponsorship of the Florida Trust for Historic Preservation 2009 State Conference to be held in Palm Beach County. Funding is available from 001-1111-511-34.90 (General Fund/Other Contractual Services). G. FILLING UNEXPIRED TERM OF COMMISSIONER MONTAGUE:Provide direction regarding the process for filling the unexpired term of Commissioner Brenda Montague. H. BID AWARD/SPORTS TURF ONE, INC.: Consider a bid award to Sports Turf One, Inc., second low bidder, in the total annual cost of $56,400.00 for landscape maintenance of approximately 8.7 acres of property at the Seacrest Soccer Complex. Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). L APPOINTMENTS TO THE EDUCATION BOARD: Appoint five ~) regular members to the Education Board for two ~) vear terms ending .Tuly 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1~, Commissioner Fetzer (Seat #2~ Commissioner McDuffie (Seat #3~, Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5~ J. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD:Appoint three ~) regular members to the Public Art Advisory Board to serve two ~) vear terms ending .Tuly 31, 2010. Based upon the rotation system, the appointments will be made by Mayor Ellis (Seat #5~, Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2~ K. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION:Appoint one (1) regular member to the Public Employees Relations Commission to serve an unexpired term ending August 1, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). L. CHANGE ORDER N0.2/BSA CORPORATION/CITY HALL INTERIOR RENOVATIONS PRO.TECT/IT REMOTE BUILDING PROTECT: Consider approval of Change Order No. 2 in the amount of $39,909.00 to BSA Corporation regarding the new Information Technology (ITS Remote Building Project. Funding is available from 334-6112-519-62.85 (General Construction Fund/Capital Outlay/City Hall Exp-IT Building) and 334-6112-519-62.86 (General Construction Fund/City Hall-North Wing). (ADDENDUM M. RECONSIDERATION OF APPOINTMENT TO THEDOWNTOWN DEVELOPMENT AUTHORITY: Reconsideration of a board member appointment to the Downtown Development Authority (DDA) made by Commissioner McDuffie on .Tuly 1, 2008. (ADDENDUM 10. PUBLIC HEARINGS: A. DEVELOPMENT AGREEMENT/VISTA DEL MAR, L.L.C.:Consider adevelopment agreement with Vista Del Mar, L.L.C and associated Class V Site Plan for the property located at 64 South Ocean Boulevard. (Quasi-Judicial Hearing) B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2008 - 2009): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds. C. ORDINANCE NO. 17-08 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2008-1 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2008-1 includes: A. Text Amendments: i. Update Introduction and support data throughout all the Elements of the Comprehensive Plan as appropriate to reflect current conditions, update all maps as appropriate to reflect current city boundaries, update all maps and tables as appropriate, and, update the Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing~rocesses. ii. FutureLand Use Element -Update existing land use and population data, including supporting maps and tables. iii. FutureLand Use Element -Update vacant land analysis. iv. Future Land Use Element-Update Redevelopment Analysis section to reflect completion of all Redevelopment Plans. v. Future Land Use Element -Update descriptions for all land use categories to include intensities and densities. vi. Future Land Use Element -Add new policies to achieve an appropriate mix of uses, direct resources to infrastructure improvements downtown, and explore additional downtown open space opportunities. vii. Future Land Use Element -Add policies to affirm the City's continued commitment to workforce housing. viii. Future Land Use Element -Add policies to develop design guidelines for the North Federal Highway area and evaluate the need for guidelines in the Congress Avenue Corridor and Four Corners Area. ix. Future Land Use Element -Amendment to the Land Use Designation/Zoning Matrix table to add SAD, OS and OSR zoning districts to be consistent with additional Future Land Use categories. x. Transportation Element -Add new policy to designate the railroad parking lot, north of East Atlantic Avenue as a potential railroad stop for future passenger service on the FEC Railroad. xi. Housing Element -Update Affordable Housing section to reflect new City initiatives. xii. Housing Element Add new policies to affirm the City's continued commitment to workforce housing. xiii. Public Schools Facilities Element -Update element to reflect changes related to the second amendment to the Interlocal Agreement. B. FutureLand Use Amendments Map: i. City initiated Future Land Use Map amendment from County INST/18 (Institutional, with an underlying High Residential 18 units per acre) to City CF (Community Facilities) for Fair Oaks Center, located approximately 650 feet south of Linton Boulevard, and on the east side of LWDD E-3 Canal. D. RESOLUTION NO. 25-08: Approve Resolution No. 25-08 establishing a budget for the Stormwater Utility System, establishing the rates for FY 2009 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. E. ORDINANCE NO. 28-08: Privately initiated amendments to the Land Development Regulations (LDR~, by amending Section 2.2.6(D~, "Duties, Powers, And Responsibilities", Section 4.5.1(,1), "Historic Preservation Board To Act On Variance Requests", to provide that appeals of decisions of the Historic Preservation Board regarding variances shall be to the City Commission. (REQUEST POSTPONEMENT TO AUGUST 5, 2008 DUE TO NEED FOR FURTHER ADVERTISING) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquires. B. From the Public. 12. FIRST READINGS: A. ORDINANCE N0.32-08: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income, Basis, Amount and Payment",providing up to one ~) additional year of credited service for certain employees who elect to terminate City employment and retire on or before September 30,. 2008. If passed, a public hearing will be scheduled for August 5, 2008. B. ORDINANCE N0.31-08: An ordinance amending Chapter 51, "Garbage and Trash" of the Code of Ordinances by amending Section 51.01, "Definitions", Section 51.16, "Exceptions in Certain Areas and for Certain Types of Collection Services", Section 51.19, "Industrial and Hazardous Waste Disposal", Section 51.20, "Building Materials", Section 51.35, "Containers Required for Residential and Commercial Sites", Section 51.37, "Use of Other Units and Containers", to clarify certain definitions and terms regarding recycling and roll-off containers to provide that they are consistent with State Law and the City's Franchise Agreement; amending Section 51.45, "Construction and Demolition Sites", to provide for the Non-Exclusive Collection Of Construction and Demolition Debris and to provide for regulations governing such collection. If passed, a public hearing will be scheduled for August 5, 2008. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission JULY 1, 2008 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, July 1, 2008. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Brian Shutt, Assistant City Attorney Susan A. Ruby, City Attorney Lanelda D. Gaskins, Acting Deputy City Clerk 2. The opening prayer was delivered by Dr. Gary Guerrier with the First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated there is additional information for Item 9.N., Appointment to the Green Task Force. She noted the addition of Item 6.C., A Proclamation Recognizing Sister Cities Ambassadors - Ngozi and Rhonda Mensah and Item 9.0., Status Report and Direction/Old School Square Retail Space by addendum. The City Attorney requested that Item 9.G., Contract/Preferred Seating, Inc. be removed from the Agenda because there has been a filing and bankruptcy and staff cannot take any action in this particular matter. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 07/01/08 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of June 8, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to approve the Minutes of the Special/Workshop Meeting of June 10, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mrs. Montague moved to approve the Minutes of the Regular Meeting of June 17, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing PomUey Park Travel Basketball Team and Coaches Mayor Ellis read and presented a proclamation hereby recognizing and commending The 11 and under team coaches: Head Coach Kevin Huggins and Assistant Coach Lorenzo Penn; the 12 and under team coaches: Head Coach Mark Roseme, Assistant Coach Steve Rifkin, Assistant Coach Jason Floyd; and the players for both teams. The Travel Basketball Team came forward to accept the proclamations. 6.B. Parks and Recreation Month -July 2008 Mayor Ellis read and presented a proclamation hereby proclaiming July 2008 as "Parks and Recreation Month" in Delray Beach. Danielle Beardsley came forward to accept the proclamation. 6.C. Recognizing Sister Cities Ambassadors -Ngozi and Rhonda Mensah (ADDDENDUM) Mayor Ellis read and presented a proclamation hereby recognizing Ngozi Mensah and Rhonda Mensah as Sister Cities Ambassadors representing the City of Delray Beach. Ngozi and Rhonda Mensah came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. Swearing-In Ceremony of Police Chief Anthony Strianese -2- 07/01/08 Lanelda Gaskins, Acting Deputy City Clerk, sworn in the new Police Chief Anthony Strianese. Chief Strianese came forward and gave a few brief comments. 7.B. Life Safety Educator of the Year Award -Lieutenant Patricia Dunkelmann Chief David James presented the Life Safety Educator of the Year Award to Lieutenant Patricia Dunkelmann and gave a few brief comments. 7.C. American Legion Milton Myers, Post 65 -Scott Schley Scott Schley, American Legion Milton Myers Post 65, stated they have been working for approximately 1'/z years on presentations for this sculpture and provided the Commission with a handout of a sculpture. Mr. Schley stated that statue will be cast in bronze and placed at Veteran's Park and they plan on using private money for this project. Mr. Schley stated he understands the project cost will cost $80,000.00 and reiterated that the statue will be done in bronze, concrete, and granite. He introduced 4141 VFW Commander Roberts and they have sat in on all the development regarding Veteran's Park and feel the moving of any monuments and giving up any parking would not be good for Veteran's Park. Mr. Schley stated he has been to the park on Sundays watching children play in the playground after church and it seems to be working pretty good the way it is. He stated there is a way they can raise more money by holding chili cook-offs at the park against the Fire Department, the American Legion and the Police Department. In addition, Mr. Schley stated he believes that Boynton Beach has a soft ice cream coach with hot dogs and hamburgers. He suggested that something be done at the adult center which is right at Veteran's Park and feels there is something that we can do to keep from losing that parking and changing the park around. Mr. Schley stated this monument is donated to the City of Delray Beach by American Legion Post 65 to commemorate all wars and people who have lost their lives at sea and feels this would be a great asset to Veteran's Park. Mayor Ellis stated we do hope to have Veteran's Park become a part of the Parks and Recreation Capital Campaign. She stated this park is called Veteran's Park which makes it a significant tribute to all Veterans. Mayor Ellis stated the veteran aspect will always be a part of the park and thanked Mr. Schley and Mr. Roberts for attending this evening. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/1033 SEASAGE DRIVE: Approve a request to defer the installation of a sidewalk along Seasage Drive and Poinsettia Road for 1033 Seasage Drive. 8.B. MEMORANDUM OF UNDERSTANDING/UNITED STATES MARSHALS SERVICE/DISTRICT FUGITIVE TASK FORCE: Approve a Memorandum of Understanding with the United States Marshals Service which establishes fugitive apprehension task forces under the Presidential Threat Protection Act -3- 07/01/08 for the purpose of locating and detaining fugitives. 8.C. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAG) FUND: Approve the Mayor's submission of a letter in support of the Countywide Justice Assistance Grant funds (JAG) for FY 2008 to support the Drug Court Treatment Program. 8.D. ACCOUNT NUMBER CORRECTION/WAL-MART/CHILD PASSENGER SAFETY PROGRAM: Approval of correction to the account number for the purchase award to Wal-Mart in the amount of $29,989.20 for the purchase of 670 Evenflo Discovery Infant Car Seats for the Child Passenger Safety Program. Funding is available from 001-2317-522-52.20 (General Fund/Fire Safety/General Operating Supplies). 8.E. REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING, INC.: Approve a request from Community Neighborhood Helping, Inc. to provide $12,500.00 in seed money, which will be reimbursed to the City through Palm Beach County grants, for the Glory Awards 2008 to be held on August 29, 2008 at 6:30 p.m. to 10:00 p.m. at Old School Square. 8.F. SPECIAL EVENT REQUEST/31St ANNUAL ROOTS CULTURAL FESTIVAL/YOUTH AND ADULT BASKETBALL TOURNAMENTS: Approve a special event request from the Roots Cultural Festival, Inc. for a Youth Basketball Tournament proposed to be held from 7:00 p.m. - 10:00 p.m. on July 18, 2008, 8:00 a.m. - 8:00 p.m. on July 19, 2008 and 9:00 a.m. - 4:00 p.m. on July 20, 2008 and the Adult Basketball Tournament proposed to be held from 7:00 p.m. - 11:00 p.m. on August 1, 2008, 9:00 a.m. - 10:00 p.m. on August 2, 2008 and from 10:00 a.m. - 8:00 p.m. on August 3, 2008; and authorize staff support for security for both tournaments, event signage which is to be installed no earlier than ten (10) days prior to the event, and waiver of facility rental fee for City facilities (Pompey Park Gym and the Community Center) for both tournaments; contingent upon sponsor providing a liability insurance certificate and a hold harmless agreement at least one week prior to each tournament. 8.G. SPECIAL EVENT REQUEST/3RD ANNUAL WALK FOR LUPUS NOW: Approve a special event request to endorse the Walk for Lupus Now sponsored by the Lupus Foundation of America South East Chapter proposed to be held on October 4, 2008 from 8:00 a.m. until 1:00 p.m., with site set up to begin at 6:00 a.m., including granting a temporary use permit per the LDR Section 2.4.6(F) for the use of Anchor Park as a staging area and the use of sidewalks along A-1-A from Casuarina to the north end of the beach, to waive parking fees in Anchor Park; and authorize staff support for security and traffic control, barricading, clean up and trash removal, use/set up of the small stage, and special event signage; contingent on sponsor providing a hold harmless agreement and a certificate of event liability insurance no later than two (2) weeks before the event; the event sponsor being responsible for site clean up; and signage installation occurring no earlier than ten (10) days prior to the event with banners allowed only on the stage and in Anchor Park. -4- 07/01/08 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 16, 2008 through June 27, 2008. 8.I. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Green Construction Technologies, Inc. in the amount of $168,586.00 for the construction of the 2008 Swale Improvement Project. Funding is available from 448-5461-538- 65.41 (Stormwater Utility Fund/Other Improvements/Swale Reconstruction). 2. Contract award to Statewide Enterprise, Inc. in the amount of $15,022.00 for security services at Pompey Park. Funding is available from 001-4127-572-31.90 (General Fund/Professional Services/Other Professional Services). 3. Contract award to ConServ Building Services in the amount of $35,998.00 for City Hall HVAC control systems upgrade. Funding is available from 334-6112-519-46.10 (General Construction FundBuilding Maintenance). 4. Lease award to Mears Motor Leasing for 36 months in the total amount of $75,057.84 for the lease of nine (9) vehicles for the Police Department's Volunteer Program through the Florida Sheriffs Association's Municipal Lease Program. Funding is available from 001-2111-521-44.40 (General Fund/Vehicles). 5. Purchase award to Line-Tec, Inc. in an estimated amount of $20,000.00 for the replacement of defective radio read transponders and meters via the City of Boynton Beach Bid #027- 2821-07/JA, and for replacement of registers. Funding is available from 442-5178-536-52.31 (Water/Sewer Renewal & Replacement Fund/Water Meter Replacement Under $750). 6. Purchase award to Wesco Turf Supply, Inc. in the amount of $16,013.30 for one (1) Toro Groundsmaster 7200 Heavy Duty Zero Turn Mower Model # 30361, per Florida State Contract #515-630-06-1. Funding is available from 001-4131-572-64.90 (General Fund/Machinery/Other Machinery/Equipment). Mr. McDuffie moved to approve the Consent Agenda, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. -5- 07/01/08 9. REGULAR AGENDA: 9.A. REQUEST FOR IN-LIEU PARKING SPACES/SHORE RESTAURANT: Consider a request from Shore Restaurant for the purchase of four (4) in-lieu parking spaces in the amount of $72,800.00. Shore Restaurant is located at 6 South Ocean Boulevard. (Quasi-Judicial Hearing) Mayor Ellis read the City of Delray Beach procedures for aQuasi-Judicial Hearing into the record. Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he had no ex parte communications to disclose. Mrs. Montague stated she had a meeting with the applicant as well as Mr. Fran Marincola. Mayor Ellis stated she had no ex parte communications to disclose. Mr. Eliopoulos stated he received an email from Mr. Fran Marincola and he did see the presentation at the Community Redevelopment Agency (CRA) and at the Parking Management Advisory Board (PMAB) Meeting. Mr. Fetzer stated he received the same email from Mr. Fran Marincola. Scott Aronson, Parking Management Specialist, stated this is an in-lieu request for four (4) in-lieu parking spaces located at 6 South Ocean Boulevard. The applicant has submitted a Class III site plan modification. Mr. Aronson stated the original request was for the purchase of eleven (ll) spaces. He stated the four (4) in-lieu parking spaces is for an enclosure of 538 square feet for akitchen/service area and includes no customer service area. The original plan was for 11 parking spaces and included 798 square feet plus a rooftop deck of 998 square feet which would be the customer service area. The applicant has decided to scale back that project to the current in-lieu request before the Commission of four spaces for the total of 538 square feet. The applicant has eliminated the rooftop deck and the 798 foot reduction is based on a 205 square foot cooler that was already approved in 2004 and those spaces were paid for and then there is a portion of a building that sits in a setback that is going to be removed which reduces it down to the 538 square feet. Mr. Aronson stated based on the six (6) spaces per 1,000 square feet required for restaurant parking that comes to 3.23 spaces (0.538 x 6 = 3.23 which rounds up to 4 spaces). The subject property is located in Area 1 at $18,200 per space totaling $72,800.00. Land Development Regulation Section 4.6.9(E)(3)(d) requires the fee to be paid in full upon issuance of the building permit as the applicant is the tenant of the property. Mr. Aronson stated the Marriott Hotel has a public parking lot of 29 spaces on the north side, the Sandoway Parking Lot with 136 of approximately 1,500 feet to the south of this property. The Marriott Hotel has a parking garage in the basement of the hotel and usually allows the public to park there if it pays the prevailing rate and the on-street parking up and down Ocean Boulevard with the meters and Atlantic Avenue is metered as well. With respect to other means of getting to the beach, there is the shuttle bus which now has three buses and one runs until 10:30 -6- 07/01/08 p.m. Mr. Aronson stated people in the downtown core area might frequent this restaurant would park in the garages or in the downtown and might take the shuttle now that it runs on ten minute headways between noon and 8:00 p.m. He stated this is not a name chain restaurant and is not one of those destination restaurants that people will be looking for but it might turn into the type of restaurant where people going to beach might frequent it but is not the type of name where people will be looking for this restaurant and come to Delray Beach for. Staff supports the request for the four (4) in-lieu spaces and the Comprehensive Plan talks about ways to entice development in the downtown areas and the in-lieu program helps to expand those developments and redevelopments. Mr. Aronson stated the Land Development Regulations support the in-lieu program as well. At its meeting of June 9, 2008, the Downtown Development Authority (DDA) was presented the original site plan modification for 11 spaces to accommodate the 798 square foot enclosure and rooftop deck to be completed as a phased project. There was some contention from the condominiums next door and their concerns were noise and activity on the rooftop which is immediately adjacent to their condominium. Mr. Aronson stated he believes that was one of the reasons for the scaling back of the project at this point in time. The Board recommended approval of the purchase of five (5) in-lieu parking spaces to accommodate the 798 square foot enclosure and they did not support the rooftop deck at that time. At their meeting of June 12, 2008, the Community Redevelopment Agency (CRA) recommended approval of the request for four (4) in-lieu spaces and at its meeting of June 24, 2008, the Parking Management Advisory Board (PMAB) recommended approval of the applicant's request. Jess Sowards, Architect with Currie Sowards Aguila Architects (speaking on behalf of the applicant), stated the key component for the four spaces is that it is a service area only. He stated the existing restaurant has an open courtyard in the west section of the building that is being used for storage (outside storage). Mr. Sowards stated this is more like a Houston's theatre kitchen and utilizes more kitchen area than typical restaurants. He stated it is not additional seating that they are looking for but it is additional back of house which is actually being utilized now but they are just enclosing it. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. Mayor Ellis stated the Downtown Development Authority (DDA) did not approve the actual deck to be above these spaces and asked Mr. Aronson if he expects that will change once these parking sites are approved. Mr. Aronson stated the applicant would have the right to come back with a request for additional spaces if they wanted to pursue the deck at a later date. Mr. Aronson stated the applicant would have the right to come back with a request for additional spaces if they wanted to pursue the deck at a later date it would have to come back before all of the Boards once again (i.e. DDA, CRA, and -7- 07/01/08 the City Commission). The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented subject to the condition it is to be paid in full upon issuance of a building permit, seconded Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; NIr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.B. AMENDMENT NO. 3 TO THE SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT/WASTE MANAGEMENT: Consider approval of Amendment No. 3 to the Solid Waste and Recycling Collection Franchise Agreement to extend the agreement another five (5) years effective October 1, 2008 through September 30, 2013. Lula Butler, Director of Community Improvement, stated this item is for consideration of a revised Amendment No. 3 to the Solid Waste and Recycling Collection Franchise Agreement dated September 20, 2001 between the City of Delray Beach and Waste Management, Inc. of Florida. The amendment extends the agreement another five (5) years effective October 1, 2008-September 30, 2013. Mrs. Butler stated staff presented the initial Amendment No. 3 as proposed by Waste Management to the Commission at the regular scheduled Workshop Meeting of June 10, 2008. The direction of the Commission was for staff to prepare a Request for Proposal (RFP) to bid out these services. At the end of the last regular meeting on June 17, 2008, the Commission asked that staff continue to negotiate with Waste Management while staff continues to work on the RFP and bring back a revised amendment to the Commission which will be considered this evening. Mrs. Butler stated staff has submitted two types of revised amendments. One with Waste Management continuing to have an exclusive on the C& D roll-off services and the second one is the fee structure with them having anon-exclusive on the roll-off services. She stated at the Commission Meeting the Commission also asked staff to verify the recycling of the C&D collections Staff visited Sun Recycling facility several months ago to observe their operation and the types of materials recycled. Staff also conducted a site visit to Delta Recycling in Pompano Beach. Mrs. Butler stated staff looked at their receipts for the last quarter and made copies for the month of June and has verified that most of what comes out of Delray is delivered to one of those two sites. The plant manager indicated to staff that approximately 70% of what goes out of there is recycled. Mrs. Butler stated staff amended the agreements and took out the automatic five year renewal option, revised the language under Section 20 as it governs Natural Disasters, and revised the fuel surcharge starting with a baseline price as current as of today ($4.69/gallon) and revised language that clarifies the methodology for calculating both the CPI and the fuel charge. The Consumer Price Index (CPI) is calculated separately and it is a fee that is compounded -8- 07/01/08 annually. The fuel charges will always be based on the 2008 individual fees. Staff has attached Schedule I and Schedule II that gives information on the current contracts that are held by Waste Management and the second is a chart that Waste Management provided to the City of Delray Beach that staff verified their numbers that gives the Commission information on the contracts that have been awarded between 2005 and 2008 by a number of municipalities and county areas. The City Attorney stated there was a small change to the non-exclusive contract where C&D would not be part of the contract and a wording change on page 4 so that it would be made more clear that C&D construction/demolition debris is not included in the contract. She stated staff changed the language in paragraph 8 and also clarified in Exhibit lA on page 6 that the roll-off rate that they have quoted there does not include C&D because that is not part of the contract. Mrs. Montague asked if staff has checked with our neighboring cities and how they have handled those that have non-exclusive contracts. In response, Mrs. Butler stated staff has looked at the City of Boca Raton because they just did a whole new ordinance on that and staff believes this would be a very good model to follow. In addition, staff has looked at the County's model and a couple of other smaller cities. Mr. Eliopoulos asked if this would be a money revenue source for the City. In response, Mrs. Butler stated it comes with an application fee, a franchise fee, and a percentage of their collections. Mrs. Montague asked how staff can maintain a high level of quality if the City chooses to go with anon-exclusive. Mrs. Butler stated most cities do that in the form of performance standards. NIr. Fetzer asked if staff has looked at a fee structure on anon-exclusive basis that would off-set the difference in the rates for residential and commercial. Mrs. Butler stated staff would most likely recommend that the City of Delray Beach follow the Boca Raton model and they looked at the revenues that is generating for them and why it is doing that and believes that it is consistent with the revenues that have been collected from Waste Management over the years. Mr. McDuffie commented that the City of Delray Beach will not get that much revenue enhancement and it is essentially a wash. Mrs. Butler stated there will be some revenue but not a lot. Mr. Eliopoulos commented that the Commission is looking at this contract and based on the way it was written and the way the changes have been made from the Workshop Meeting if the Commission votes in favor of the contract would we be going out to bid as well or if the Commission accepts the contract then we would not be going out to bid. The City Attorney stated if the Commission accepts this contract then the City will not go out to bid. Mrs. Montague stated staff has done quite a bit of homework in terms of comparable numbers with surrounding cities and noted she would be prepared to vote tonight. -9- 07/01/08 Mayor Ellis concurred with comments expressed by Commissioner Montague. Mr. Fetzer stated he mentioned at the Workshop Meeting that he was concerned about evaluating the service quality of a low bidder on this and he believes that staff and residents are very satisfied with the service that Waste Management is providing and feels this is a very important factor when considering this. Mr. Fetzer stated when looking at the RFP's and the prices that have been granted on recent RFP's he thinks we are still getting a very good deal for our residents and he is in favor of extending the contract with the non-exclusive on the roll-off. Mr. McDuffie stated the feedback from the community has been that essentially the residential portion of this is that everyone is happy with the quality of service and the timely service. Mr. McDuffie stated he too would be in favor of extending the contract with anon-exclusive roll-off. Mrs. Montague stated we do have a very satisfied community in terms of the quality of service with Waste Management but to bring balance to this and to be fair to the businesses, she would look at the non-exclusive contract. However, Mrs. Montague stated she would look very closely at the performance standards if the City is going to bring others in (for C&D Collections). Mrs. Montague moved to approve of Amendment No. 3 for the non- exclusive contract version as modified, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.C. RESOLUTION NO. 23-08: Consider approval of Resolution No. 23-08 amending Resolution No. 63-07 which created a Budget Task Force in order to provide an extension of time to July 31, 2009. The caption of Resolution No. 23-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 63-07, WHICH CREATED A BUDGET TASK FORCE IN ORDER TO PROVIDE FOR AN EXTENSION OF TIME; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 23-08 is on file in the City Clerk's The City Attorney stated this is a resolution that extends the Budget Task Force until July 31, 2009. -10- 07/01/08 Mayor Ellis stated originally the Budget Task Force was set up for six months. The Commission felt like when they received feedback felt that they could use some more feedback. Mr. Fetzer stated he is very happy with what this group is doing and is happy that they are willing to continue to serve. He fully supports the extension of the Budget Task Force to July 31, 2009. Mr. Eliopoulos stated this was a challenge for the Budget Task Force and supports the extension. Mayor Ellis stated she too supports the extension. Mr. McDuffie stated he would assume that the existing Task Force members are willing to stay for that length of time. In response, the City Manager stated a couple of the members have indicated that they will not be able to continue to serve so some new appointments will have to be made. Mr. McDuffie stated he is overwhelming pleased with the result the City has received from the Budget Task Force in such a short time and looks forward to the results of their future work. Joseph Safford, Finance Director and Liaison for the Budget Task Force, stated there are two individuals from the Budget Task Force who indicated that they cannot continue for the next year. He stated when they talked at their meeting today they mentioned that to slow things down a little bit we may go from a biweekly meeting to a monthly meeting so that the Task Force can do more research and not have to be concerned with the minutes coming up every two weeks. Mr. Safford stated one of those individuals is now interested in staying on the Task Force. He stated in the six month timeframe it took approximately two months just to get started and start handing out the data that was mentioned in their last meeting. Mr. Safford stated the Budget Task Force will be entertaining the Commission with a second interim report at the next Workshop Meeting. He stated at the first the report was 19 pages and they are not at 62 pages and the research is coming together and they are coming up with a lot more conclusions. Mr. Safford stated there is items such as fleet, insurance, etc. which will need a lot of research to come up with recommendations. He stated in talking with the Budget Task Force today they are requesting a year extension to July 31, 2009 and that it not exceed one year. He stated the Task Force is looking to get a final report complete in less time (i.e. possibly six months) but they should not have to exceed the one year. Mr. McDuffie asked if the Budget Task Force will have the final report complete before the budget hearings. In response, Mr. Safford stated this report will not be complete before the budget hearings and this is one of the reasons the Budget Task Force is coming forward now with the second interim report because they want to get as much of their research in the hands of the City Commission and the City Manager prior to not only the budget hearings and union negotiations. -11- 07/01/08 Mr. McDuffie moved to approve Resolution No. 23-08, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.D. BID AWARD/HUFCOR FLORIDA GROUP/POMPEY PARK BLEACHER REPLACEMENT: Consider approval of a bid award to Hufcor Florida Group low bidder for bleacher replacement, in the amount of $67,530.00 for the bleachers at Pompey Park. Funding is available from 334-4127-572-46.15 (General Construction Fund/Repair & Maintenance Services/Improvement-Other Repair & Maintenance). Tim Simmons, Parks Superintendent, stated there were two bidders out of four that bid to do a total replacement. Therefore, staff went back and suggested that we go with the lowest bidder of those two for a total replacement of the bleachers. Mr. Eliopoulos inquired about repairs versus replacement and asked if these bleachers are beyond repair. David Ricks, Recreation Supervisor IV, stated Manufacturers Applied Renovation Systems, Inc. (MARS) was mostly dealing with the understructure and replacing the damaged seating and bringing the bleachers up to ADA compliance. Mr. Ricks stated most of the work was going to be done on the understructure to eliminate the sagging that happens with the bleachers. The City Manager stated another way of looking at it is that it is only a $14,000.00 difference. For that difference he suggested to replace the bleachers rather than repairing something that is approximately 30 years old. Mayor Ellis asked if the ADA compliance was included in the proposal that was brought to the City Commission at the June 17, 2008 meeting. Mr. Ricks stated this was included in their proposal. Mr. McDuffie asked if there is a warranty included with the new bleachers. In response, Mr. Simmons stated there is a ten year warranty with a two year guarantee. Mrs. Montague moved to approve the bid award to Hufcor Florida Group for bleacher replacement at Pompey Park in the amount of $67,530.00, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. -12- 07/01/08 9.E. RJ HEISENBOTTLE ARCHITECTS/CONSULTANT TO RESURVEY FOUR (4) DESIGNATED HISTORIC DISTRICTS: Consider approval of an agreement with RJ Heisenbottle Architects to conduct the resurvey of four (4) designated historic districts: Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic Districts in the proposed amount of $34,660.00. Funding is available from 001-2511-515-31.90 (General Fund/Other Professional Services). Paul Dorling Director of Planning and Zoning, stated staff went out for a Request for Proposal (RFP) and had six responses to conduct a resurvey of the four (4) designated historic districts (Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic District). He stated the bids ranged from $33,500 to $38,834 and there was an Evaluation Committee made up of the Historic Preservation Planner, the Assistant Director of Planning and Zoning, the Community Redevelopment Agency (CRA) Director, Paul Zacks of the Planning and Zoning Board, and an Architect and Historic Preservation Board member. Mr. Dorling stated they narrowed all the applications to two and in the final evaluation it was recommended that we offer the bid to RJ Heisenbottle Architects (second lowest bidder). He stated the RFP has a start date of July 15, 2008 and an end date of January 15, 2009. Mr. Dorling stated with respect to an update on the funding the City applied for a matching grant unfortunately staff was unable to get that. Mr. Dorling stated we do however have money set aside in the Planning and Zoning Department budget and staff recommends approval at this time. Mrs. Montague asked how Heisenbottle Architects was selected over the others since it was not the lowest bidder. In response, Mr. Dorling stated there was a ranking by points and a ranking by the number one rankings from the people who ranked it and there was an overall ranking with respect to how they placed 1st - 6tn with a group. Mr. Dorling stated Heisenbottle Architects was the overall highest ranked with a group and although they only received one number one ranking they also received three number two rankings. Mr. Dorling stated the RFP called for extensive experience and expertise in South Florida architecture. He stated Environmental Services, Inc. did score very highly but they had some central Florida and did not have any specific South Florida. Mr. Eliopoulos asked where GAI Consultants is located. Mr. Dorling stated GAI Consultants is out of Orlando. Mr. Eliopoulos stated his concern is someone out of Miami doing this, the gas alone is going to eat their fee. Mr. Dorling reiterated that GAI Consultants is out of Orlando and stated that Environmental Services, Inc. is out of Jupiter. Mr. McDuffie stated back when the Commission began to discuss this the Marina Historic District survey was undertaken without going out for bid and we had members of the community in here who expressed being in favor of what was going on and members of the community who expressed being disappointed with the way we were handling that. Mr. McDuffie stated he recalls that at that time what the Commission said was that when they put this out for RFP whoever won this would be given the opportunity to accept or reject the data that was gathered for the Marina Historic District -13- 07/01/08 and include that in this scope. Mr. Dorling stated after that discussion the Marina Historic District did go out for bid and there were two bids received; one was $9,000 and one was $48,000. He stated it was awarded to the low bidder who was given the opportunity to use that data. Mr. Dorling stated these are for the other four districts and does not include the Marina District or the information that was gathered for it. Mr. Fetzer moved to approve a contract with RJ Jeisenbottle Architects, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.F. RESOLUTION NO. 24-08BUDGET AMENDMENT: Consider approval of Resolution No. 24-08 amending Resolution No. 55-07 adopted September 18, 2007, and Resolution No. 16-08 adopted May 6, 2008 which made appropriations for necessary expenditures of the City for the FY 2007/2008, by setting forth the anticipated revenues and expenditures for the operating funds of the City for the fiscal year 2007/2008. The caption of Resolution No. 24-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 55-07 ADOPTED SEPTEMBER 18, 2007 AND RESOLUTION 16-08 ADOPTED MAY 6, 2008, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2007/2008, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2007/2008; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 24-08 is on file in the City Clerk's office.) The City Manager stated this is a budget amendment that takes into account the additional funding the City has received from various sources. He stated the budget amendments include $2,000 in public safety from funds by Rainberry Woods, approximately $4,000 from United Way, some additional SHIP money; and the City is transferring utility tax bond interest to the Lakeview Golf Course Fund for its renovation project. Mrs. Montague moved to approve Resolution No. 24-08, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said -14- 07/01/08 motion passed with a 5 to 0 vote. 9.G. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA DUE TO ACTIVE LITIGATION. 9.H. AMENDMENT NO. 1 TO AGREEMENT/ATC INTERNATIONAL, INC.: Consider approval of an amendment to the agreement between the City and ATC International, Inc. for an extension of the completion date and an increase in cost for the construction and installation of eleven (ll) retractable towers at various points throughout the City. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). Brian Shutt, Assistant City Attorney, stated this is an amendment to an agreement that the Commission executed in February. This company was putting up eleven (ll) retractable towers and FEMA wanted a backup system for the City. The original company was bought out by ATC International, Inc. (ATC) and they put up some of the towers; however, it failed to get some proper documentation. Mr. Shutt stated ATC International, Inc. has been working on that and is the reason for the request for the increase of $26,000.00. Commissioner Montague left the dais briefly and later returned. Mr. Eliopoulos the original deal with JBE was a Purchase Order (P.O.). In response, Mr. Shutt stated it was a P.O. not a contract. The City Attorney stated when doing a construction contract a P.O. is not the way to do it and the City has standard contracts that when doing these kinds of things that really should be followed and for whatever reason that did not happen this time. Mr. Eliopoulos stated he is fine with an extension and they should know what they are doing and know that they need Engineering. He clearly does not like to see that they are getting more money and noted the language in the agreement "for an increase in price of $26,000.00 for the purchase and installation of the materials and an increase in price (crane rental), not to exceed $4,000.00". Mr. Eliopoulos inquired as to how this occurred as far as when they took over this company and started working with the City and what was their mindset. Mr. Shutt stated the City got involved later when ATC got involved and when JBE Technology was issued a P.O. they performed some of the work and did not have the proper documentation at that time. He stated they were paid the majority of the funds then ATC International, Inc. came in and assumed control or bought out JBE Technology. Mr. Shutt stated he believes the City was having conversations with JBE Technology to complete the project and JBE Technology was unable to get the proper documentation. He stated the City had further conversations with ATC International, Inc. and once they realized ATC International, Inc. assumed control of JBE Technology which was no longer in existence then ATC International, Inc. said they could do this and here is what we believe it is going to take to do it. Mr. Shutt stated part of the problem is when a company is taking over another business they were not quite sure what JBE had done. Mr. Shutt stated it is his understanding that the -15- 07/01/08 reason for the extra equipment is that the system may work but it would not interface with the City's system so this equipment is needed to make it interface with the City's system. The City Attorney stated this was not the equipment that was specked in the original P.O. Mr. Eliopoulos stated are we 100% sure this is going to work. Mr. Shutt stated the City is not going to pay them anything until seven (7) days after the City is holding back $40,000.00 from the original purchase order and this is going to be an extra $26,000.00. He stated the City is not paying ATC International, Inc. anything until seven (7) days after we see the system is up and running. Then, if it is up and running to the City's satisfaction and sole discretion then the City will pay them 50% and then wait another seven (7) days to make sure that everything is still going along the way it should be going and then pay them the remainder at that point. Mr. Shutt stated it is his understanding from the IT staff is that once this is up and running and the testing is completed then the first several days they should know then and there if it is going to work or not. Mr. McDuffie asked if the IT staff has re-specked everything out to be compatible with the City's network. In response, Mr. Shutt stated it is his understanding they have. Mr. McDuffie echoed comments of Mr. Eliopoulos and stated all of us read about FEMA funding being spent irresponsibly. Mr. McDuffie stated the City is essentially putting up a Wi-Fi network based on FEMA requirements and the Palm Beach County School District is putting in a Wi-Fi and there is another individual proposing a Wi-Max solution. Mr. McDuffie stated we are going to end up with three networks in this City. He expressed concern over the security on this network. Mr. McDuffie stated he would not pay them an ounce unless the IT staff is absolutely comfortable with the level of security. The City Attorney stated this system replaces a system that was in existence that we had before where towers were not retractable and they got destroyed during the storm. She stated the City had a wireless system before and is assuming that the security would be similar. Mayor Ellis feels that staff should check this with the TT staff. Mr. Eliopoulos concurs with comments expressed by Mayor Ellis. Mr. McDuffie stated we need someone to examine this and make sure the City is locked down tight where nobody can get in. The City Attorney recommended that the City Commission approve this amendment subject to having something in writing from the IT Department that the security is acceptable and that the new equipment should work. Mr. McDuffie moved to approve the Amendment No. 1 to the Agreement between the City of Delray Beach and ATC International, Inc., subject to the approval by the City of Delray Beach IT Department that it meets the City's technical specifications and security specifications, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. -16- 07/01/08 9_I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2012. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to reappoint William Branning as a regular member to serve a four (4) year term ending July 1, 2012, seconded by NIr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; NIr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9_J. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appointment one (1) regular member to the Delray Beach Housing Authority to serve a four (4) year term ending July 14, 2012. Based on the rotation system, the recommendation/appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to reappoint Joseph Bernadel as a regular member to serve a four (4) year term ending July 14, 2012, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; NIr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.K APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an unexpired term ending December 13, 2008. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Samuel Menard as a regular member to the Police Advisory Board to serve an unexpired term ending December 13, 2008, seconded by NIr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint four (4) regular members to the Downtown Development Authority (DDA) to serve three (3) year terms ending July 1, 2011. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5). Mr. Fetzer moved to appoint Michael Listick as a regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2011, seconded by NIr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. -17- 07/01/08 Mr. McDuffie moved to appoint Harold Van Arnem as a regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 201 L Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. Mrs. Montague moved to reappoint Nancy Stewart as a regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mayor Ellis stated she wished to reappoint David Beale as a regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 200E Mr. McDuffie so moved, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint two (2) regular members to the Affordable Housing Advisory Committee to serve two (2) year terms ending June 17, 2010. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Evelyn Dobson as a regular member to the Affordable Housing Advisory Committee to serve a two (2) year term ending June 17, 2010, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to appoint Gerald Crocilla as a regular member to the Affordable Housing Advisory Committee to serve a two (2) year term ending June 17, 2010, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.N. APPOINTMENT TO THE GREEN TASK FORCE: Appoint one (1) regular member to the Green Task Force to serve an unexpired term ending August 27, 2008. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she wished to appoint Sarah Martin as a regular member to the Green Task Force to serve an unexpired term ending August 27, 2008. Mr. Eliopoulos so moved, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. -18- 07/01/08 9.0. STATUS REPORT AND DIRECTION/OLD SCHOOL SQUARE GARAGE RETAIL SPACE: Consider a status report and provide direction regarding a draft Purchase and Sale Agreement for the Old School Square Garage Retail Space. (ADDEND U1Y~ The City Attorney stated the Letter of Intent that the Commission agreed to gave the interested party thirty (30) days to submit a contract. She stated they did submit a contract and they basically used a standard contract that the City put forward with some of their suggested changes which staff expected. However, the City Attorney stated they did submit the contract a day late and therefore the City would have to waive that. The City Attorney would like direction from the Commission whether staff should keep on negotiating and she believes there are things we need to negotiate. She stated there is a purchase price but it is subject to an appraisal. The City Attorney suggested that the appraisal be updated because it is a year old and name the appraiser in the contract instead of leaving that so open ended. She stated staff will then feel confident that we get a quality appraiser plus staff would negotiate things like if the price is more than this number as appraised then it would be expected to go up as well. The City Attorney stated there are additional items that need to be looked at as well. She stated she received an email from them indicating that they may be interested in 20 parking spaces versus 15 on the first floor. The City Attorney stated apparently there is 19 parking spaces on the first floor, two of which are handicapped so staff may need to make some adjustments there plus they have some interest in licensing some of the storage space which would be on a pro rate basis with the Chamber of Commerce based on square footage. The essential terms here would be a thirty (30) day inspection with a thirty (30) day thereafter closing but staff needs to work on some language because as a condition of closing it talks about all permits would be granted. The City Attorney stated one of the things they would have to do to fit into a gourmet market use for grease traps, etc. that require permits to hold up a closing. Mrs. Montague stated there are a lot of major changes in this contract and asked how much time does staff really need before she thinks this is a contract that the City can move forward with. She stated their ability to assign is critical and commented that we want to know who we are selling to. The City Attorney stated she would need to meet with the Chamber of Commerce and discuss these items. She asked that the Commission give her time to bring back another status report as to where the City stands and if the Commission feels that it is sufficient process then good but if not the Commission can decide to do something else. The City Attorney stated staff will try to have a contract as soon as possible and noted the City is required to advertise it for a couple of weeks prior to the City Commission approving the contract. The City Attorney stated staff is asking for direction from the City Commission to keep going. Mayor Ellis stated the Commission is agreeing to forgive the Chamber the one day late that they were. -19- 07/01/08 Mr. Fetzer stated the one day late is not a major issue with him; however, he does feel the City needs to obtain an updated appraisal since the appraisal is one year old. Mayor Ellis concurred with comments expressed by Commissioner Fetzer regarding the appraisal. Mr. Eliopoulos stated this Commission has to decide what they want in that space and do they want to sell it and get the highest dollar out there or do they want a market type place. He stated the Chamber has this idea floating around that they are going to get a tenant for the City but we do not know who that tenant is. Mr. Eliopoulos concurs that an updated appraisal is totally necessary and wants to make sure the City knows what the definition of a market is. Mayor Ellis stated the one day late is not a big deal and recommends that the City Attorney's office continue to work on this. Mr. McDuffie stated in supporting the re-appraisal, the market is down but the commercial is not down to the extent as the rest of the market is down and a competent appraiser will recognize that. After discussion, it was the consensus of the Commission to direct the City Attorney to continue to work on this and provide an updated status report at the July 15, 2008 City Commission Meeting. 10. PUBLIC HEARINGS: 10.A. NONE. 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. None. 12. FIRST READINGS: 12.A. ORDINANCE NO. 28-08: Privately initiated amendments to the Land Development Regulations (LDR), by amending Section 2.2.6(D), "Duties, Powers, And Responsibilities"; Section 4.51(J), "Historic Preservation Board to Act on Variance Requests", to provide that appeals of decisions of the Historic Preservation Board regarding variances shall be to the City Commission. If passed, a public hearing will be scheduled for July 15, 2008. The caption of Ordinance No. 28-08 is as follows: -20- 07/01/08 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 2.2.6 (D), "DUTIES, POWERS, AND RESPONSIBILITES"; SECTION 4.5.1(J), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS", TO PROVIDE THAT APPEALS OF DECISIONS OF THE HISTORIC PRESERVATION BOARD REGARDING VARIANCES SHALL BE TO THE CITY COMMISSION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated amendment to LDR Sections 22.6(D)(6) and 4.5.1(J)(3), to specify that if the Historic Preservation Board (HPB) denies any variance request, the applicant and/or its agent may appeal such variance decision directly to the City Commission pursuant to the requirements of Section 2.4.7(E). In addition, variances are often utilized as a way of encouraging the retention of historic structures and providing additional flexibility in historic areas of the City. Given the different standards, findings, and goals of variance requests between the Historic Preservation Board (HPB) and the Board of Adjustment (BOA), it is reasonable to treat appeals of these variances differently. Appeals of variances considered by the BOA are appealed to Circuit Court whereas this amendment requests the appeal of HPB variances to the City Commission. The proposed amendment language is currently limited to appeals by the applicant and/or agent and to those variances which have been denied. Staff suggests that all variances approved or denied, be appealable by any applicant, agent, and/or aggrieved party to the City Commission. The ordinance also includes retroactive language which would be applicable to those variances acted upon by the HPB since January 1, 2008. He stated that would affect two variances. One dealt with La France Hotel and another associated with an office building which is now currently under appeal. The applicant of this ordinance is the applicant for that appeal. At its meeting of June 5, 2008, HPB recommended approval but recommended that the retroactive language be removed. At its meeting of June 16, 2008, the Planning and Zoning Board recommended that the language being retroactive be included in that ordinance. Mr. Dorling stated the Planning and Zoning Board did consider adding language for variances that are approved or denied. Staff recommends approval on first reading of the ordinance with those two corrections. -21 - 07/01/08 Mr. McDuffie asked if the staff ordinance the same one that needs to be approved. Mr. Dorling stated there is a slight difference and staff did add "the aggrieved party" portion after the Planning and Zoning Board considered the ordinance. Mr. Eliopoulos commented about the ordinance with regards to it becoming retroactive January 1st. The City Attorney clarified that staff is recommending that the Commission approve staff's version of the ordinance. Mrs. Montague asked what the situation was with La France Hotel Mr. Dorling stated it was a variance for the sign He stated the Code talked about being a monument sign and it was a wall mounted sign consistent with the historic sign that was ultimately approved by a variance. Mrs. Montague asked if those are the only two incidences where we have had any of these issues. Mr. Dorling stated these are the only two incidences since January 2008. Brief discussion followed between staff and the Commission. Michael Weiner, Attorney with Weiner and Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, stated the important point is that the City is only given the opportunity to come back and talk about a variance. He stated he recognized an issue under the City's ordinance that really did not get recognized earlier. Mr. Weiner stated to think that they would have to go off in one direction for the variances decision and in another direction to Court for the variance decision and another direction for the Commission for the waivers and site plan for the historic district generally. Mr. Weiner stated if there are problems with the criteria put them in one court at one stop and this gives the Commission an opportunity to consider issues that will not interest a Court but instead they want to hear about other things that Board of Adjustments talk about. He stated the City Attorney recognized the fact that the City had all kinds of different criteria when someone is before the Historic Preservation Board and even though they are both called variances, probably they are similar to waivers. Mr. Weiner stated if, when they get back to the Commission, and it is all in one place and one jurisdiction and they do not like what they see and the City Manager would like to weigh in on that the Commission can listen to him at that time. Mr. Weiner stated the Commission is in control but cannot get there until this ordinance is passed. Mr. Fetzer moved to approve staff's version of Ordinance No. 28-08 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager -22- 07/01/08 The City Manager had no comments and inquiries on non-agenda items. 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 and inquiries on non-agenda items. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated Item 9.G. on the Agenda was similar to Item 9.H. and this was a Purchase Order. He stated he does not want to get stuck into positions where the City has an inferior product out there and we have no control of it. Mr. Eliopoulos stated staff needs to definitely look into these things and have it going to the City Attorney's office. He stated he was very disappointed and does not want to see this happen again. Secondly, Mr. McDuffie echoed comments expressed by Commissioner Eliopoulos and stated he does not know if in Item 9.G. the result would be any different if we had a contract since the firm is in bankruptcy. Mr. Eliopoulos stated there would have been more money on the table. Mr. McDuffie concurred with Mr. Eliopoulos in essence that we need to stop the purchase orders on issues like this. The City Attorney stated we could have had better warranties. Mr. Eliopoulos stated there could have been a strong legal fight. The City Attorney stated the purchase order is a contract because there are terms and conditions but it is not specific to some things especially when there is installation construction. 13.C.3. Mr. McDuffie Mr. McDuffie stated this past weekend he observed the Changing of the Guard in the Police Department; he went over and took a ride on a Saturday morning. He stated his last ride was on a weekend night. Mr. McDuffie stated this time he had the opportunity to ride with several different officers and sit in on four briefings and got feedback from the officers. Mr. McDuffie stated it was a great experience and commented that he rode with one officer separately and in an unmarked car with three officers. He stated there is some good information that came from Officer Jeroloman. Mr. McDuffie stated Officer Jeroloman is looking out for ways to solve problems and find money that we otherwise might not have found. The City Manager stated he has an appointment with Officer Jeroloman to discuss this. Mr. McDuffie wished the new Police Chief well and stated he is sorry to see Chief Schroeder leave. - 23 - 07/01/08 He stated four navy airman and two marines from Paris Island who served with his son aboard the Enterprise will be here on July 4th. Mr. McDuffie stated the Downtown Marketing Cooperative asked him to invite them to the VIP suite, so there will be five or six navy and marine young men who just got back from deployment to the Persian Gulf. 13.C.4. Mrs. Montague 3 rd~ Mrs. Montague wished Commissioner McDuffie a Happy Birthday (July 13.C.5. Mayor Ellis Mayor Ellis stated she is honored again this year to be leading the Pledge of Alliance this July 4th on the beach before the fireworks start. She stated exactly a year ago on July 4th she had a toe amputated and she was also in a wheelchair doing the Pledge of Alliance and commented that that is over with. Mayor Ellis stated she is working her way out of the wheelchair onto a cane and hopes to be finished with it. Secondly, she thanked everyone for being at Chief Schroeder's farewell party last night. Mayor Ellis stated Chief Schroeder stated it meant a great deal to him that the Commission, City Manager, and City Attorney were there. She stated Chief Schroeder talked about the support he has received from the Commission over his years in duty and stated it has been her experience being on the Commission and as Mayor that the way to deal with the Police Chief is to let him do his job. Mayor Ellis stated Chief Schroeder was always there to listen, react, and he had an amazing ability to understand criticism. She stated he was a remarkable man. Mayor Ellis stated we are starting a new year and Chief Strianese will be tested as they all have been and she looks forward in giving him the same support as the Commission gave to Chief Schroeder. There being no further business, Mayor Ellis declared the meeting adjourned at 8:16 p.m. City Clerk ATTEST: MAYOR -24- 07/01/08 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on July 1, 2008, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 25 - 07/01/08 ~y r J ~, IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR SHORE RESTAURANT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. "this in lieu parking fee request for the purchase of 4 parking spaces in- lieu has come before the City Commission on July 1, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Shore Restaurant. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the p~.archase of 4 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? At $18,200.00 per space totaling $72,800.00 on the condition it is to be paid in full upon issuance of a building permit. Yes 5 No 0 3. "the City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. ~ ~~/~9 ~~~ q- ~. ,~ , 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 supportirXg these findings. 5. Based on the entire record before it, the City Commission approves X denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 1ST day of July,,2008, by a vote of 5 in favor and 0 opposed. ATTEST: Rita Ellis, Mayor Lan Ida D. Gaskins, Acting Deputy City Clerk 2 MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: July 11, 2008 SUBJECT: AGENDA ITEM S.B. -REGULAR COMMISSION MEETING OF JULY 15, 2008 MINUTES OF JULY 8, 2008 -WORKSHOP MEETING WORKSHOP MEETING July 8, 2008 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, Julys, Zoos. Roll call shoed Present - Commissioner G ary P. E liopoulos Commissioner Fred S. Fetzer Commissioner Woodie McDuffie Commissioner Brenda S. Montague Mayor Rita E llis Also present mere - David T. Harden, City Manager Robert A. Sarcinski, Assistant City Manager Douglas Smith, Assistant City Manager Brian Shutt, Assistant City Attorney Lanelda G askins, Acting Deputy City Clerk Mayor Ellis called the meeting to order and announced that it had been called for the purpose of considering the following items: WORKSHOP AGENDA 1. Presentation of Second Interim Report from the Budget Task Force Joseph Safford, Director of Finance, presented this item. Mr. Safford discussed several decisions made by the previous Commission that locked the City into significant long term costs that cannot be reversed in most cases. He noted employee suggestions for cutting expenses but advised they are not necessarily the recommendations of the Budget Task Force. Mr. Safford presented the current expenditures and services provided by the City and reviewed the recommendations made by the Budget Task Force to cut or reduce some of those expenditures. Mrs. Montague asked if staff recommended firefighters wash the heavy-duty fire trucks. Mr. Safford advised that since staff purchased the detailing supplies he assumed they detailed their own fleet. Mrs. Montague commented on the incredible job of the Budget Task Force. She stated while she agreed with some things other items concerned her especially those that dealt with Fire and Police. She recommended that Commission go through each item carefully and play out both the long term and short-term impact on the City. Mrs. Montague explained the competitions and the S.P.I.R.LT program has to be more to avoid the job being just a paycheck; there has to be some type of motivation for employees. Mrs. Montague advised that she did not want to cut the S.P.LR.LT program in the face of difficult times because it was a strong conviction of the previous Commission, instead she would like to approach the recommendations made by the Budget Task Force slowly. Mr. Fetzer discussed some of the tough challenges ahead He thanked staff and encouraged the Budget Task Force to keep digging He asked that everything suggested by the committee be considered Mr. McDuffie t11an1<ed the Committee and staff for their information He suggested a possible goal-setting session to look at the numbers more closely. He discussed the first projection on the budget is about $6 million below He asked staff if the source of the study was the 2007/08 fiscal year budget. Mr. McDuffie stated he wanted to be fair and equitable to everyone in the City. Mr. Eliopoulos t11an1<ed the Committee for their work He stated he would like to have more employee and deparhnent suggestions. The Commission and staff needs to be more creative because of the current state of the economy. Mr. Eliopoulos stated that his goal is to save jobs and avoid layoffs, but he would also like to balance the budget and maintain the level of service. Mayor Ellis stated the budget shortfall is about $6 million Even after positions and wages are frozen, vacancies are not filled, and there are some cuts in public service there would still be a shortfall of approximately $2 million Mayor Ellis explained that the City and Commission have to react based on the current situation. Peter Arts, Budget Task Force Board member, commended staff for providing the committee with the data to review The Commission thanked the Budget Task Force for its presentation. 2. Presentation by AccessDelra~~ regarding Wireless Initiative Brad Bowman, Program Director of AccessDelray, presented this item. He advised that the representative of Airspan was not present because he is out of town Tolly Marcus, Wireless Guys, gave background information on his company. He stated the company as founded in 1988 and is based out of California He explained that his company represents and plays a channel partner and premier role in some of top wireless manufacturers around the ~rld July 8, 2008 Mr. Bowman discussed his presentation with Commission (no backup materials or handouts mere distributed). He advised that his project would lead to self-sustaining commtulities. Mr. Bowman explained Airspan has been operating in Europe for the last number of years on a 3.5 GHz network, which has been successful. He explained the 3.5 GHz is generally reserved for military use only in the United States. Mr. Marcus explained that Airspan customers are carver networks such as Verizon, Sprint and AT&T that each service millions of customers. Mr. Bowman discussed the projected map of the coverage area. He explained it is not set in stone and it will give a base area of what may need to be incorporated He suggested a base station on Congress Avenue and Lake Ida Road Mr. Bowman stated his fees would be minimal in comparison to Wi Fi. He discussed some advantages of DelrayAccess in public safety, utility billing, building and permits. He explained some of the benefits to the City which would be to increase productivity of employees and offer informative sites for tourists and visitors and residents. He explained monies generated would flow back to the community, even though the City is not being asked to fund the project only to give a letter of support of the project from the City. Mr. Eliopoulos asked Mr. Bowman what feedback he got from the Information Technology (IT) Departmealt. Mr. Bowman stated he had no direct dialogue with the IT Departmealt yet, but he has attempted to contact Guy Suzzelli, Chief of Information Technology. Airspan is ready to put up the station and he would like to do some demonstrations, but his initial goal is to get the support of the City so he could get some funding Mr. Marcus stated for the exception of upgrades and maintenance, the network would be at no cost forever. He advised legally municipalities cannot be an Internet Server Providers (ISP). Mr. Eliopoulos asked Brian Shutt, Assistant City Attorney, if any documents had been reviewed for legality. Mayor Ellis advised that a document of due diligence would have to come from the City Attorney`s office. Mr. McDuffie questioned what support from the City is being sought. He asked what specifically is being asked of the Commission Mr. Bowman explained lenders asked if he had the support of the City while he attempted to seek funding for the project. He explained he would need the support of the City`s assets, towers and anything that would help to expedite the building of the net~rk Mayor Ellis asked if this project would ever cost the City anything. Mr. Bowman explained it would not cost anything unless the City wants to buy the network July 8, 2008 Mr. Fetzer discussed the skepticism of a business plan or model that would work because of the many obstacles faced in the past experiences. He asked if staff had the resources to work with AccessDelray on the project to determine if this is something the City would want to invest resources and time. David T. Harden, City Manager advised that staff can review and evaluate the business plan and provide the information that is being requested on tower locations. Mrs. Montague asked if Mr. Bowman is looking for a letter of support or proof of partnership. She requested staff to follo~up with AccessDelray on their expected timeframe of the City. It was the consensus of the Commission to have staff look at the business plan and bring this item back at a later date. 3. Alternatives regarding Historic District Boundary Adjustments Commissioner Eliopoulos declared a conflict of interest and advised he would not be able to participate. Terrill Pybum, Assistant City Attorney, presented this item and asked for direction from Commission on which of the five (5) versions of the Ordinance to use. She briefly discussed the five (5) different versions of the ordinance. Ms. Pybum explained that Version 1, 2 and 3 have all gone before the Boards including Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), West Atlantic Redevelopment Coalition (WARC) and Pineapple Grove, which supported Version 2 of the Ordinance. She stated Version 2 is also supported by the Historic Preservation Board (HPS). Since Version 1, 2 and 3 had gone before the Boards the earliest these versions could come back to Commission for a vote would be the August 5, 2008 Regular Commission Meeting Ms. Pybum stated that Version 4 or 5 which is the more expanded version, had not gone before the Board so they would have to go before the Board for consideration prior to going before Commission for its vote which meant the earliest either of these versions could be presented would be the August 19, 2008 Regular Commission Meeting Mr. McDuffie asked in Version 2 the owner of the property had to be 500 feet within what. Ms. Pybum stated within 500 feet of the affected area that would like to be removed from the historical district. Mr. Fetzer stated he was proud of the historical districts of the City, and thinks there should be a process but not an easy process. He also asked since the surveys had been completed for the Marina District what would be the impact. He stated that he preferred Version 5. Paul Dorling Director of Planning & Zoning, advised a process would be implemented regardless of the selected version Mrs. Montague stated she is swaying between Version 2 and 4. She asked what is the advantage or disadvantage of waiting until the surveys are completed July 8, 2008 Ms. Pybum advised that a process mould need to be established to redefine or define the boundaries. She asked for Commission to narrow down their decision to Version 2, 4 or 5 and explained the significance of each. Mr. Dorling explained Version 4 and 5 mould only need to go to the Boards since Version 1, 2 and 3 have been reviewed by them. Mr. McDuffie expressed his concern that if the Commission did not narrow it down to which version they supported, there mould never be closure. Mayor Ellis stated she agreed that closure is needed David T. Harden, City Manager, requested the Board look at Version 4 and 5. He suggested they choose between them or make some type of modification. Mayor Ellis also suggested Version 4 or 5. Ms. Pybum explained the difference between Version 4 and 5. Mrs. Montague stated she supports 4 but would like the Boards to review Version 4 and 5. Mr. McDuffie pointed out that the terminology is changed in Version 4 to "may" conduct a survey every five (5) years, it is an option He stated his understanding of the different versions. Mr. Dorling advised that he supported the language if that is the direction of the Commission, if it is mandated and the City runs into a budgetary issue then the five (5) years run into six (6) years. Mr. McDuffie advised he is comfortable with Version 4 and 5. It was the consensus of the Commission to have the Board review Version 4 and 5. 4. Discussion regarding Renewal of Management Agreements for Municipal Golf Courses and Tennis Facilities Robert Sarcinski, Assistant City Manager, presented this item. He asked for direction on the request received from Sharon Painter, CEO, JCD Sports Group, to renew management agreements for both Golf Courses and Tennis Facilities, which expires September 30, 2008, for another four (4) year term with a proposal of no increased fees. Mayor E llis advised that she appreciated that there was no increase. Mr. Eliopoulos stated that he supports no increase for four (4) years. It was the consensus of the Commission to prepare the Renewal of Management Agreement for the Municipal Golf Courses and Tennis Facilities for the next Regular Commission Meeting. July 8, 2008 5. Overview of the Prelirninai~ Budget for FY 2008 /2009 David T. Harden, City Manager, presented this item. He distributed a handout to Commission to review Mr. Harden discussed the millage rate (6.5393) and how it was calculated He talked about the impact of the property owner taxes based on the different millage rates. Mr. McDuffie advised that a DR-420 form that mould have to go back to the Departmealt of Revenue that would require two-thirds vote which mould list everyone on the Commission and their vote. Mr. Harden reviewed the "General Fund Summary by Departrrtent" ~rksheet. He explained the 25% decrease from the original approved budget in Planning & Zoning was because the Shuttle Sus Operation was moved to Public Works, which resulted in Public Works having a 33.55% increase. With the Amendment No. 1 adj ustment, the total revenue at the adjusted rollback rate is $98,683,760.00 which is an approximate $6 million gap. Mr. Harden discussed how he could cut about $4 million without affecting services. Mr. Harden suggested freezing forty-three (43) vacant positions and salaries for the coming year, which mould leave about a $2 million shortfall. Mr. E liopoulos asked how negotiations would be affected with fire. Mr. Harden advised that his suggestions included negotiations with fire. He also stated there is a contract with blue-collar so they mould get their increase per contract which is about $60,000.00. Mr. Harden stated the deadline is August 4, 2008 to set a proposed millage. Mr. Harden advised a proposed millage rate mould have to be set at the July 15, 2008 Regular Meeting Commission Meeting. Commission could meet on July 22, 2008 and/or July 29, 2008 to discuss the millage rate. Mayor Ellis advised she would prefer to discuss the proposed millage rate on both suggested dates in July. Mr. E liopoulos stated that once the rate is set the City can go down but it cannot go up. Mr. Fetzer stated that Commission has a financial obligation to residences to look at no millage increase. Mrs. Montague discussed her concerns with regards to the millage proposal. She stated her position has not changed from one (1) year ago, residents are in trouble but what mould happen beyond 2009, and she mould like to look ahead Mayor Ellis advised you cannot predict what will happen but Commission need to focus on the cunent year. She discussed the mid year adjustments that had to be done because the revenues that were prof ected fell short. Mr. McDuffie stated both options mould have to be reviewed for the impact. July 8, 2008 Mr. Eliopoulos stated that he could attend the July 29, 2008 rr~eeting but he would be unavailable for the rr~eeting on July 22, 2008. Mr. Eliopoulos concurred with Mr. Fetzer that he did not want to see the millage rate increase if at all possible. It was the consensus of the Commission to have a Workshop Session on July 22, 2008 and a Special Meeting on July 29, 2008 to discuss the proposed millage rate. Mayor Ellis adjourned the Workshop Meeting at 8:44 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Seach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, July 8, 2008 which Minutes were formally approved and adopted by the City Commission on July 15, 2008. 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 amendments, additions or deletions to the Minutes as set forth above. July 8, 2008 WHEREAS, The City of Delray Beach recognizes and applauds Carole R. Shetler for her 34 years of dedicated service at the School District of Palm Beach County and her supportive working relationship with the City of Delray Beach; and WHEREAS; Ms. Shetler started her career in 1974 as a Teacher of English at Lake Worth High School, was later promoted to Assistant Principal, and her superior performance earned her the Principal's position at Atlantic Community High School in Delray Beach where she continued to excel from 1984 to 1999, at which point she assumed the duties of South County Area Superintendent; and WHEREAS; The City of Delray Beach recognizes Ms. Shetler's creative support of successful innovative programs within our community, such as the International Baccalaureate and Montessori programs, Career Academies, School of the Arts, and Micro-Society; and WHEREAS; The City of Delray Beach appreciates Ms. Shetler's guidance and leadership in many aspects, especially with the relocating of Atlantic Community High School to its present high profile site and with redefining the mission of Plumosa as a Kindergarten through 8`h Grade School of the Arts with a soon to be constructed state of the art school as a home for the new program; and WHEREAS, Carol Shetler is retiring after thirty four years of outstanding service at the School District of Palm Beach County, the City of Delray Beach is grateful that Ms. Shetler never forgot her Delray Beach roots and remained a valued friend throughout her career. She will be deeply missed by this community. NOW, THEREFORE, I, RITA ELLIS; Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the citizens of Delray Beach, do hereby extend our heartfelt thanks and appreciation to CAROLS R. SHETLER upon her retirement from the School District of Palm Beach County. We wish her success and happiness in her future endeavors. 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 1 S`h day of July, 2008. RITA ELLIS MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast and Alberta Gaum THROUGH: David Harden, City Manager DATE: July 9, 2008 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OF JULY 15, 2008 S.P.I.R.I.T COMMITTEE QUARTERLY AWARDS PRESENTATION ITEM BEFORE COMMISSION The item before the City Commission is a presentation by the SPIRIT committee to recognize the three quarterly winners for their service, performance, integrity, responsibility, innovation, and teamwork. BACKGROUND The City of Delray Beach implemented the SPIRIT Quarterly Award Program in April 2006. The SPIRIT Program's main objective is to award the efforts of employees who provide outstanding quality service to our City. Winners for this quarter are: Al Angulo, Code Enforcement Officer; Jim Finley, Police Department; Michael Vinci, Planning and Zoning. The following SPIRIT Committe members will conduct the presentation: Danise Cleckley, Code Enforcement, for Al Angulo Rachel Saunders, Police Department, for Jim Finley Amy Alvarez, Planning & Zoning, for Michael Vinci p`~apm a ~,xy pr '~~ F~~ ~S tN THE T'~p~~ S.P.~.R.T.T, Award Program Nomination Form Nominee Information: Nome ~~- AEG ~ e b bepartment G'~..~-,~. ,~r~:? ~ a ~ ~~ Supervisor o.~ ~~'~~~~~ Phone # z ~~ ~~~~'~ Nominafior Information: Name .,;~~ ~ ~ e` ~'~'~= ~~.. bepartment Cc~,~ 2'm ~'. ~~~ ~' ~ gate ~ ~ ~ ~ ~ ~ Phone # '' Z '1 ~ ~ 7z3 ~, ---~ Signature ~"~~'" ~'-~- Using the S.P..R.I.T. guidelines, describe reason for nomination in one ar more categories: ~rvice -Providing exceptional customer service to other departments, employees, and/or citizens a$ betray Beach. • Knowing your customer i7y listening and understanding their needs, expectations and concerns. Being sensitive to their feelings and addressing customer appropriately. • Following up with a timely response to calls and requests. • Taking the time to explain an action ar a "NQ" response. rformartce is measured by: Setting realistic priorities, developing plans, taking action in a timely fashion, paying attention t© details and doing it right the first time. • Anticipating problems and identifying opportunities,. developing regular status reports and providing updates an projects and major tasks. • Being a steward of the public dollars by using resources efficiently and effectively, and evaluating your performance by customer satisfaction. Nominations must be submitted to Homan Resources BY the ~sr Friday of the months of A C3ctaber, January. April. July. , C:1L7ocumcnts and SeMingsICLECKC.EY~t.acal SettingslTemporary Internet FiteslOI.K771&PIRIT' Award Program Norninatson Fasrrt.dac TO: Dat Bast - Spirit Committee FROM: Code Enforcement Supervisor Tom Meeteer l~A'I`E: June 6, 20{l6 S1:JBJECT: Antonin and Dora Navia A.l Angola, Cade Enforcement Dff cer, met the Navias in the days after Hurricane V~lxaaa_ He was assigned to do clean up wnrk for the City and while in the Navia's sxea, they approached AI reference roof damage to their residence, which was a tcailex. The roof suffered moderate darnage and the Navias had no money to make major repairs. Al assisted them with temporary repairs to the roof which consisted of patching the leaky areas. ~ the interim, AI checked on them an a daily basis. Mr. Navia told AI he would like to move to a new residence but they were indigent and knew there weren't too many options. The trailer was slowly becoming uninhabitable. Through. talking to the Navias AI discovered that M.z: Navia was receiving a small amount of money from Social Security and Mrs. Nava was receiving nothing. Mx Navia further explained that Mrs. Navia was entitled to Social Security benefits but they did not know how to gn about getking the matter corrected.. Al checked with Social Security an their behalf After approximately two months it was discovered that an error on the part of the Social Security Administration did exist. Al worked to retain an attorney for the Navias and was able to have the attorney help the Navias fi ee of charge. In the interim, AI worked with the CRA to try to Find the Navias new housing. This process took sax~ae tix~a.e azad also himged an the resolution. of the Social Security benefits. AI spoke with Social Security , GRA employees and the Navia's attorney back anal forth fox months. The attorney was able to resolve the error with Social Security. Mr Navia had his benefits increased and. Mrs. Navia began receiving benefits as well. AI also assisted the Navias with the Food Staxup process and as a resalt they are receiving Foad Stamps as well.. Once all. the benefits were reinstated, they were able to secure an. apartment in the newly renovated LaFrance hotel. Once the apaxtrr~.ent was secure, Al made contact with a representative of St.'~7mcent's Church who agreed. to donate the 1~` and Iasi rnanths rent on behalf of the Navias. I am haPPY ~ say that they f nally moved in to their new apartment in March 2008. Al was able to da mast of the moving himself and recruited a friend to assist him with the larger items. AI has checked an'the Navias an a weekly basis and. they are doing very well. /h~3I~ j 4S tim'm o RK.6kli~iy.n, O / ~`~~" ` A ~t.im i ~ S ~S IN 7HE PfQ44~ S.P.I.R.I.T. Award Program Nomination Form Nominee Information: Name AL Angulo Department Code 1=n orcern~ent Supervisor .~ Nominator Information: NaiT~e Nicole Riccio department Police Dept Date 06/0~lOB Rhone # ~'~ -~p~~~ Phone ~ 5~4~ 809 Signature .,.,,,,~.,,____. Using the S.P.I.R.I.T: guidelines, describe reason -far nomination in one or more categories: C~ $ervice -Providing exceptional customer service to other departments, employees, andfnr citizens of Delray Beach. + Knowing your customer by listening and understanding their needs, expectations and concerns. Being sensitive to their feelings and addressing customer appropriately. + Following up with a timely response to calks and requests. +- . Taking the time to explain art action or a "Nn" response. ~ Performance is measured by: • Setting realistic priorities, developing plans, taking action in a timely fashion, paying attention to details and doing it right the first time. • Anticipating problems and identifying opportunities, developing regular status reports and providing updates on projects and major tasks. • Being a steward of the public dollars by using resources efficiently and effectively, and evaluating your perf ortstance by customer satisfaction. Nnminatior-s must be submitted to Human Resources I3Y the 1~ Friday of the months af: October, January, April, July. C:113ocwneuts aad Setting5lrieaionlLacal3ettings\Ternporary Internet Files10LK28tSPA2?T Award Pragca3n Norainatioa porm.doc Nomination Form T- Pale 2 © Integri't'y: ~ ` • Respecting others, being courteous and polite. , • Keeping your cat~nmitments, being honest, direct, and truthful. , • Acting professionally and ethically. ,. - ' • Being loyal to the City and rafting on what is best for the city. © (~~S~On5lbie: . • Taking ownership of your work task rand problems. Represent the City in a positive manner; appearance, workspace, equipment: etc. • Being prompt for work, meeting deadlines. © Innovative • ~ovking for new and better ways to do your' job. Thinking creatively -outside the box. • lase new apprvache5 fio delivering services and to salve a problem. `~, Teamwork: ~~ ! ~ « Cooperating with others, by going beyond your role tv help the team. • Keep others informed and involving others in your work activity when appropriate. • Sharing the credit and taco nixing the contribution of others. t v+ ~ ~ ru ~y-#n C~~t..e. ~ ! ~ ~. -~let^r-~ C C..ari~ o ~~ The above are examples to assist you in the nomination process. Use the reverse side of this fvrtrt for additional Comments. Your input is impor#cint and valuedi ari~inal: Human Resources Copy: Nami nee . Nominees Supervisor Naming#ians must be submitted #o Human Resources BY the ~~ Friday of fihe moo#hs of: Oc#aber, January, April, Juiy. ~tC~ a h~,l+~ ~C~ nic~hb~hood sa-Ee, . On s~t~f~o~, G~d2 e~r~e~r~etrl- o-'~ice-r' ~'1 Jto ~ls-f~ ~-!'1 ~,ldey .~; tiUh~ Sh.e. he~~vLe. Q.vt~k~'n trF~vbb~. W~~rte~.ecd ~ tnG~derr~ . a~evn~-kc~ ~ G%t~h -fie, `~obben~ s,~` ~`~ u~ar (~e~ ui ~~-h -~.. X01 ~ c.~. un lc~-~'1-~- `~ . _ -~, °~~ s . ~, -}~, ~ ~'s c~,e~. - e~ c~c.. -1-~ -~.e. c~-c ins . ~' I ~~ f~ ~ ~ Worded t~-~ rnQ,m b.~x- ., -~ t~uene ~I,l ~n ~+°'"'~ f~~e SP~2iT "gym a xcnep aM o ~~ . ,:::.`: 'T's r~ T~~ ac~4~ S.P.I.R.I.T. Awrc~rd Program Naminafiian )=arm Nominee Infarmafiion. Name ,~ ~ m l~ fl ~~/ _ ___ Department ~~: supervisor ~~~lf~inne # _ . -- _ Lt~~l~hr~ ~~~-~~~~ Naminatnr Information: Name~~,~~I~ Department ~ ...,.,. Date Phone # ~ Signature ~, . -,`~ ~` ~~ ~G~~ .~~~ 2~ ~ 31 ~ i 7 ~U~~i~ RE~I~~~C~S Using fihe 5.P.I.R.I.fi, guidelines, describe reason for naminafiion in ©ne ar more catenaries: © Service _ Providing exceptional customer service to other depot#ments, employees, and/ar citizens of Defray Bench. • Knowing your customer by listening and understanding thheir needs, expectations and concerns. Being sensitive to their feelings and addressing custamer appropriately. • Following up with a #imely response to calls and requests_ • Taking the time to explain an action or a "NU" response. Q Performance is measured by: Setting realistic priorities, developing plans, faking action in a timely fashion. paying attention to details and doing it right the firsfi time. Anticipating problems and identifying opportunities, developing regular status reports and providing updates on projects and major tasks. Being a steward of the public dollars by using resources efficiently and effectively, and evnluating your performance by custamer satisfaction. Nominations must be__ s~btnitted to Human Resources $Y tine 25Y Friday of the tnanths of = Octaf~er, January, ,April, July. C:IDocuments and Semngslfleetxvoodlt7eskioplTcmpISPIRiT Award Program ~+fominatioti ~orm.dac Officer Jinn. Finley, Spirit Naznination I had originally called (7fTicer Jeffery T. Masser looking far Paliee Department pens, pencils, and rulers etc. to use as give-a-vaays at the Family Fun Fishing Day that tack place on June ~ 1 ~ at Lake Ida Park. The very nett day I received a phone call from Officer Jim Finley sayzng that he would. be able to get some fishing items donated. Sure, I'm not fining to pass up any type of donation. VL~e1I as tune went on, and as the event grew closer the donations gat bigger. Jiro was able to p-ut together 40 gift bags fizll of fishing equipxnent far the children., two fishing poles complete with reels to rafIle away, as well as, 100 sodas and battled waters so people could stay hydrated that day. On top of all the donations, Jim, on his awn time, came out that Saturday warning from 8:00 am until 12:30 prn and helped the kids bait theix pales, showed them haw to use their poles, untangled their lines, pulled fishing lines out of trees anal znud, tank hslz off hooks, helped me out with tl~e heavy coolers, called people ii1 for lunch, passed out xaffle tickets, and helped me clean up. I oxaly wanted a few pezzs E Jinn. Finley definitely went over and beyond what any one could ever ask far or expect. He is a true team player and showed his excellent customer service skills to over 100 people that day. Jixn Finley is the definition of SPIRIT and znastly to blame far the success of Fasni.ly Fun Fishing Day this year. ~rzn~r (EF f~za~c~l~ Q'~~,a. a AR*a.msny d, o ti - c b ~~~ x ~€ «xxw- $Q aY ~i ~S -.,, h'S IN THE~P~?~~~..~ S.P.I.R.I.T. Award Program Nomination Form Nominee Information: Name Michael Vinci Department _,Pianning.and Zoning Supervisor Ntark McDonnell Phone # 243.046 Nominator Information: Name Am~.Alvarez Department _ Planning and zoninct Date ..__July ~.,_~On~i_- ,,~ i?hone #' 243.x'284 Signature Using the S.P.I.R.I.T. r~ide~ines, describe reason for nomination in one or more categories: [~ .Service:Providing exceatianai customer service to other departments, employees, _andlor citizens of L~eiraY Bench. ----- • Knowin our customer b iistenin and understandin their needs ex ectations and concerns. Being sensitive to their feeiinr~s and addressing customer apt~ropriatelY. • Faliawi u with a tithe) res once to calls and re gists. • Taking the time to explain can action or a "NO" .response. Pi.I=ASE SEE THE ATTACI-fLD NIFMO AND Dt)~`E1M~NTA'T~QN. ~ Performance is measured by: • Setting realistic priorities, developing plans, talon action in a timel fashion, paying attention to details and doing it right the first time. • Anticipating problems and identifying opportunities, developing regular status reports and providing updates an projects and major tasks. • Being a steward of the public dollars by using resources efficiently and effectively, and evaluatin our erformance b customer satisfaction. PLEASE SEE THE ATTACHED MEMO AND bt3CUMENTATTON. Nominations must be submitted to Human Resources BY the 1~ Friday of the months of: Uctaber, Janr~ary, April, ~'uly. C:1i~ocutnenES and Setkingslalvac~ezlDesktop\YRttci 3Vomina€ion.cEoc Nc~~inai<ion For~z -- i:'ag~ 3 Vinci 1Vaminatio~z Suly 3, 200$ Q integrity= Res ctin others bein courteous and olite. • Kee in our commitments bein honest direct and truthfut. • Acfiin~professianally and eth~al~. • Bein la al to the ci and actin on what is best for the ci PLEASE 5EE THE ATTACI°-IED MEMQ AND bOCUMENTATTON. D Responsible: Taking ownership of your wont task and problems. • Re resent the Ci in a ositive annex; a earance works ace ui ment etc. • Bei ro t or worts meetin deadlines. t'LEASE 5EE THE ATTACHED MEMO ANQ DQCUMENTA"'fTUN. cl Irrnavative • i~.oolting for new and befiter ways to do your ,fob. Thinking creatively -outside the box. • Use new approaches fio delivering services and fio sofve a problem. PLEASE SEE THE ATTACHEb MEMa AND DOCUMENTATroN. t] Teamworlt: • Coo eratin with others b ain be and our role to hel the team. • Kee others informed and involvin others in our work activi when a ro riots. • Sharin the credit and reca nizi the contribution of others. PLEASE SEE THE ATTACI-IEb MEMO AND bOCU/IllENTATTON. The above are exampies to assist you in the nomination process. Use fine reverse side of this fora for additional comments. Your input is important and valued! Original: 3-luman Resources Copy: Nominee Nominee s Supervisor Nainioatio~: Fazxn -- Page 3 Vinci Nomination duty ~, 2008 Michael Vinci has held the Assistant Planner position for the Planning and Zoning Department since duly 2DD6. The Assistant Planner duties require a significant amount of interaction with the public by assisting anyone who might appear at the front counter at anykime and answer all genera! phone calls which he might receive. Our Department has seen a significant amount of turnover in this specific position as there are always interruptions and unnoticed visits. It is evident that Michael takes pride in his position and enjoys the public interaction as those residents/customers have taken the time to send in SPIRIT Comment Cards. In total, Michael has rer~ived 9 comments cards, four ofi which have been received in 20D$ alone. The following are quoted from those documents; "Thank you far such excellent service!n "dusk want to thank Michael...thankful to be fortune#a enough to be able to do business in Delray." "Vlforked very hard-Friday at x:30 to help me!" `The most accommodating City employee ever encauntered!° "He is a `people" person!„ "For the timely, professional, and courteous manner..." "Michael was a pleasure to work with..." "...underpromised and overdeliuered...very helpful" In addition to the above, a letter was recently written to the Director ofi Planning and Zoning, from Kay dohnson, Head of St. ,loseph's Episcopal School, regarding Michael's level of customer service. The following is an excerpt from that le#ter: "I thought you would want to know that Mr. Michael Vinci was one of the best examples of a good employee serving Delray Beach. Mr. Vinci unfailingly executed his duties in a highly professional manner,...) would like to thank you for providing such a competent professional as Mr. Vinci to the people of the Delray Beach Community." Please Hate that this SPIRIT nomination is collectively, in a sense, from the residents and business people of Delray Beach. They took the time to recognize one of our employees because they were positively impacted by Michael's level of customer service and professionalism. As a co-worker, I would like to note that Michael is always helpful within the Department and eager to take on additional projects of a larger scope that are not traditionally assigned to the Assistant Planner. He also has a large amount of interaction with the Building Division in the Community Improvement Department as he is required to review building permits. It is evident that hls relationship with this division is a positive one as he was previously nominated for a SPIRIT.award ~20D7) by the permit clerks. 1 have bolded and underlined thane SPIRIT qualities listed above which have been specified within the comment cards and letter, or which I have witnessed or experienced as a result of his interaction with his fellow employees. This is Hat to say that those which are not specifed are not applicable to Michael's performance. I would also like to point out that Michael has not received any other type of recognition in response .to the above noted comment cards and letter. Therefore, they are all eligible for your consideration for the 20D8 4~ quarter SPIRIT Nomination. All of the above referenced documents are attached for your consideration. ~~ D~ ~~~$~ g nr ~t~ ~~ zovtrn~rvss SAfNT JOSEPH'S Ef'fSCOPAL SCHOOL, INC. Nlr. Pau! parsing ~or~xr~ o~ ~a~us~a~,~s Director, Department of Planning and Zoning City of Delray Beach Pr¢sidertt ~ Dp N.W_ First Avenue lira K Atfertan vice Prasiaent ©elray Beach, Florida 33444 Superior Sprinkler Vice Presiderrt June ~D, 2DD$ J. Mtchcttl Pakradaoni 1'resident C3ear Mr. ^OrlEng, Atlantic itefrigcratioa Corp. Treasurer In your line of work, as in mine,, you must receive a number of complaints, wit}lam C. Swattey both in writing and in person, from community members about various secretary aspects of the pertormanre of your employees. 1 am sure you have fCintberiy ar. ualashiriur, .~s~. developed patience and understanding, an~ a Iong5uffering attitude! Attorney i)ouberley & Cicero 11nttSt Counsel to cn~tbb Grottp This is not a complaint, but rather a compliment fio one of your employees. I thought you 1NOUld want to l~naw that Nir. Michael Vinci was J. Reeve Bright t A one of the best examples~of a good errlpioyee se~Virtg Delray Seach. Mr: orney t BrigEtz, Chitncra & Assoc., P.A. Vinci unfailingly executed his dudes in a highly professional manner, Janet Langford lr}Cludrng the fallowing: Chair Advanoerrtont He returned my calls promptly; w x}~ sayer • He initiated in writing all responses to requests for verification, and the President and error-free; Concise writing was clear Speyer ~ndaw e~. Door , , He was available whenever passible to discuss my concerns; Kay Johnson . He answered my questions in a clear and concise manner; Hcad of School He followed up in writing; ~taerit~s He coordinated meetings between the different groups; Jaltn Carrars Sehoal Head ~ ye initiated calls to t13e re arding items of Concern; and Retired « He worked closely and thoroughly with others in the department to assure that everyone had adequate information regarding our project. ,~Y_o~:c}o Bishop Leo Frade Arch Diocese of South Florida ! would like fin thank you for providing such a competent professional as Rev. Marr}n w.7laric Mr. Vinci to the people of the Delray Seach community. l look forward tp Rector our continued work as we move forward tD provide the best possible Saint Joseph's lrpiscopal Ctzurch education for young children in Palm Seach County. Anczcdited by T#tc FEbtxcls Cauntit of Lndependeut Schools and [he Sincerely, Florida KindcrgarYen Council ~ ',.,, .~, 't'`~ !~; :' : ` 4 ;. Member of 1QA1S. NAES, ~''~'J ~ ~ ~~""" ~~~.... -• ~ s~F F>`iS, FffC Hea of 5 howl i {;~ ,1~~ ~ ~ ~0~ cc: J. Mihaet Pakradaoni, Lula Butler ,~~~;"4~~„vU ~` Or"`~D 33~4B SOUTH SEACILEST 8©irLEVARI3 Bt7Y1~lTON BEACH, FLORrf]A 33435-8551 (5Sk) 732-2845 >~ax_ (551) 732-1315 Www.Sl SOrslltiC.Org RESOLUTION NO 29-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA RECOGNIZING AND COMMENDING COMMISSIONER BRENDA B. MONTAGUE FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DISTINCTION AND DEDICATION. and WHEREAS, Brenda Montague was appointed to the Community Redevelopment Agency Board in July 2000 and served until March 2006; WHEREAS, Brenda Montague served as Chair of the Community Redevelopment Agency from July 2005 until March 2006; and WHEREAS, on March 14, 2006 Brenda Montague was elected to the Delray Beach City Commission Seat 4 and was re-elected without opposition for her second two-year term in March 2008 and appointed Vice-Mayor; and WHEREAS, Brenda Montague has served many other area boards and committees including the Downtown Marketing Cooperative, Downtown Master Plan Implementation Committee, Delray Beach Community Land Trust Planning Committee, Palm Beach County Caucus of Black Elected Officials, Government Affairs for the Realtors Association of the Palm Beaches, the Palm Beach County Tourist Development Council, the Palm Beach County Affordable Housing Task Force, and the Palm Beach County Fair Housing/Equal Opportunity Board; and WHEREAS, during her tenure of public service Brenda Montague has demonstrated her commitment to volunteerism and the improvement of her community; and WHEREAS, Commissioner Montague has served with distinction and dedication in the performance of her duties and has consistently provided her knowledge and talents to the betterment of the city and its residents; and WHEREAS, true to her oath Commissioner Montague has well and faithfully performed the duties of Commissioner of the City of Delray Beach Florida; and WHEREAS, Commissioner Montague will resign her seat on the City Commission as of the end of the business day July 18, 2008; and WHEREAS the expertise and knowledge provided by this dedicated individual will be missed. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends COMMISSIONER BRENDA B. MONTAGUE for her excellent record of dedicated and faithful public service and extends the sincere thanks and appreciation of the citizens of Delray Beach for a job well done. Section 2. That the City Commission further wishes Commissioner Brenda B. Montague and family the best of health and happiness in all of their future endeavors PASSED AND ADOPTED in regular session on this the 15th day of July 2008. ATTEST MAYOR City Clerk 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: July 8, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JULY 15, 2008 ACCEPTANCE OF WATER EASEMENT DEED/N.E. 5TH AVENUE ITEM BEFORE COMMISSION Approval of an exclusive water easement for a new fire hydrant at 5th Avenue at Delray. BACKGROUND A fire hydrant will be installed on the west side of N.E. 5th Avenue for the 5th Avenue at Delray Building. The fire hydrant installation is for compliance with Fire Department requirements. The location of the hydrant is based on the proximity to an available water main. RECOMMENDATION Staff recommends approval of water easement. Prepared try: Jason. S. Mankotf, Esctuia-e Weiner & Aronson, P.A. 102 North Swinton l~venue Deiray Beach, Florida 33444 EASEMENT DEED 'THIS INDE~iTURE, made this day of , 2007, by and between 1'~IADIS4N AT DICLRAY, LI.C, with a mailing address of 117A NE 5~'' Avenue, Delray Beach, Florida 33483, party of the first part, and the CITY ®F DELAY T3EAC~-I, with a mailing address of 100 N.W. lst Avenue, Delray Beach, Florida 33444, a municipal corporation in Palrn Beach County, State of Florida, party of the second. part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good anal valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual non-exclusive easement for the purpose oI' the eonstnrction and maintenance of a fire hydrant with full and free right, liberty, and authority to enter upon and to install, operate, and anaintain such fire hydrant under, across, through and upon, over, under or within the following described property located in Palm. Beach County, Florida, to-wit: SEE EXHIBIT "A" Concomitant and coextensive with this right is the firrthcr right in the party of the second party, its successors anal assigns, of ingress and egress aver and on that portion of land described above, to affect the purposes ofte easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reseivations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or affect any other kind of construction or improvements upon the above- describcd property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or tu3der it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. O:1Ch.RV0181Fire Hydrant Easern~nc,doc IN WITNESS '6~'I;IERE®F, the parties to this Easement Deed set their bands at~d seals the day and year first above w itten. WITNE Name printed. STATE OF FLORIDA COUNTY OF PALM BEACH 1VIAI~IS®N:=A t By: , i i Its: Ma~n~ I,LC Member The fore oin instrument was acknowledged before me this ! ~ day of 2007, by arvallo as Managing iVleinber of iVladison at Delray, LI_,C, a Florida limited liability cornpazry on behalf of the corporation. Signature of Notary Public-State of Florida Print, Type, or ~aYr ~°~~ll~ioned Name of 1~iatary Public ~~ Comm+s~.ian U[338'7223 ~Qg ~a~ ~x~ir~s LieCerrrb^~r 09, 20{7F3 My Commission Expires: Personally Known ~K Produced identification Type of identification Produced O:ICARVOI81Fire hydrant 1?asement.doc 2 EXHdBI~` "A" That portion of Block 99, Town of Linton (l~~ow Delray Beach), according to the Plat thereof, as recorded in Plat Boolc 1, Page 3, Public Records of Palm Beach County, Florida, described as follows: Commencing at the intersection of the North line of said Block 99 with a line 10.0 feet West of and parallel to the East line of said Bloclc 99; thence 5.0°00'00"W., along said parallel line and along fha West RightWof Way line of U.S. Highway No. 1, a distance of 270.00 feet to the Point of Beginning. '1"hence continue S.0°00'00"W., along said parallel line and said West Right-of~ Way line, a distance of 12.00 feet; thence 5.90°00'00"W., a distance of 7.00 feet; thence N.0°00'00"E., a distance of 12.00 feet; thence N.90°00'00"E , a distance of 7.00 feet to the Point of Beginning. C):1CAKV0181Fire I-lydrant Lase~~~ent.doc ~ s~cFTCIy oF`~~s~~~~Tro~ sNEET ~ aF ~ POINT DF COMM~`NCEMENT N.89°08'08"W. N NORTH LINE 1 D 40~ II BLOCK 99 NOTES• A W THIS /S NOT A SURVEY THE NORTH LINE OF BLOCK 99 IS ASSUMED TO BEAR N.89°08'08"W. DESCRIPTION.• THAT PORTION OF BLOCK 99, TOWN DF'• LiNTON {NDW DELRA Y BEACH), ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLAT BDOK 7 PAGE 3, z•.. PUBLIC RECORDS OF PALM BEACH COUNTY, _FLORID,4, DESCRIBED AS FOLL DWS• ~- ~ ~ ~ CDMMENCING A T THE /N1~ER5ECTION OF THE o © ~ ~ ~~.1 NORTH LINE OF SAID BLOCK 99 WI TH A LINE 7D. 0 0o U ~" ~ FEET WEST. OF AND PARALLEL TD THE EAST LINE 0 0 ~ ~ `~[ ~ DF SAID BLOCK 99; THENCE S. D°00'00 "w, ALONG o N ~ ~ ~ ~ SAID PARALLEL LINE AND ALONG THE WEST RIGHT OF WAY LINE DF U.S HIGHWAY NO. 1, A DISTANCE ~ Z (!~ ~' OF 270.00 FEET TO THE PDINT OF BEGINNING. ~ ~ ~ ~ THENCE CONTINUE S D°00'00 "W, ALONG SAID ~ PARALLEL LfNE AND SAID WEST RIGHT OF WAY W (,~ ~ LINE, 'A DISTANCE OF 92.40 FEET,• THENCE 5.90°00'00"W.; A DISTANCE OF 7.00 FEET,• THENCE N.0°00'00"E.; A DISTANCE OF 92.00 FEET; THENCE N.90°00'00"E.; A DISTANCE OF 7.00 FEET TO .THE PDINT OF BEGINNING N.90°00'DO'E W 7.00' ©~ O O~ 4N N ZZ Z 7.00' o ~ 4r PAfJL D. ENGLE 5:90°00'00"W. ~ ~ SURt/EYOR ~• MAPPER #5708 ID,D, DAT~:• OCTOBER i5, 2(107 O'BRIE'N, SUf TER & O'BRIEN, INC CERTIFICATE OF AUTHORtIA TION f/L 8353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE:• PAUL D. ENGLE" 955 N. W. 17TH AVENUE, SUITE K7 DELRAY BEACH FLORIDA 33445 ORDER N0. 05-195 FH EASEMENT (56I) 27s-45oI (5sI) 732-3279 \ ~ ~ 1I~ ~__~ ~ _ - J Q W D W L~ __ ST. N.E. - 1ST rn 3 a i ~ i - - Z D - Z 0 m 0 z I ST. 'L CITY of DELRAY BEACH 5TH AVENUE AT DELRAY~ °n1E:o~/11/loos d ENVIRONMENTAL 3ERVICE3 DEPARTMENT ®s LOCATION MAP 51H AYE AT o°nAY LocuAv ~ 434 801Ji1~ 8WMON AVBdUE, DBAAY BE4CH, RORDA 39444 TAC ~ O f MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 27, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF JULY 15, 2008 CONTRACT CLOSEOUT (C.O. N0.7/FINAL)/CHAZ EQUIPMENT COMPANY, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 7/Final) in the net deduct amount of (-$9,668.50) and final payment amount of $11,314.57 to Chaz Equipment Company, Inc. for the completion of the Block 64 Water Main Improvements Project. BACKGROUND The project scope consisted of the construction of 950 linear feet of 8 inch water main, connection of existing water services and fire hydrants; construction of 400 linear feet of 15 inch sewer pipe; in addition to asphalt trench repair, driveway apron replacement, and pavement reconstruction. The Block 64 project had six (6) change orders during the course of the project. Change Orders No. 1, 2, 4, and 6 consisted of work performed by the contractor outside of the scope of work for this project; and did not effect the deduct amount. Change Orders No. 3 and 5 were for additional work required to complete the project; and resulted in a net additional cost of $2,500.00. Therefore, the original contract deduct amount of (-$12,168.50) was reduced by $2,500.00, the additional cost of Change Orders No. 3 and 5; resulting in a total net deduct amount of (-$9,668.50) as summarized below: Original Scope of Work Deduct Amount: (-$12,168.50) Change Orders #3 and #5 Net Additional Cost: + 2 500.00 Final Net Deduct (Savings) for Total Project Scope: (- $ 9,668.50) 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 #642611 to funding account 442-5178-536-65.33 (Water/Sewer Renewal & Replacement Fund/Other ImprovementsBlock 64). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 7/Final) in the net deduct amount of (-$9,668.50) and final payment amount of $11,314.57 to Chaz Equipment Company, Inc. for the completion of the Block 64 Water Main Improvements Project. CITY ~~' DEI,I2A"Y }3EACH CIiAI~IGE ®RIDEI2 T® ~IZIGINAL C®1VTIaACT CHANGE NO. 7 (Final) PROJECT N0. 20[15-014 DA'Z'E: PROJECT TITLE: Z3lnck 64 Drainage and V4'ater TViain Irtxproveme~tts Project TO CONTRACTOR: Chaz Equipment Company, Inc. YOU AT2E HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALT. CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION; Corrsplete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $4T 5,957.00 COST OF CONS'T'RUCTION CI-iANGES PREVIOUSLY ORDERED 5148,4T5.(I[3 ADJUSTID CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER X564,372.00 COST OF CONSTRUC"T"ION CHANGES THIS ORDER -($9.668.501 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER X554,703.50 PER GENT DECREASE THIS CHANGE ORDER -2.32% TOTAL PER CENT INCREASE TO DATE 33.35 % CERTIFIED STATEMENT: Thereby certify that the supporting cost data included is, in any considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the origia~al work contracted for under benefrt of competitive biddang. Chaz Equipment Ca, Inc. (Contractor to sign & seal} TO I3E FILLED OUT BY DEPARTMENT INITIATING CETANGE ORDER Funding is avaiiabie from account: DEPARTMENT EnvirontnentaI Services DELRAY BEACH, FLORIDA by its City Commission RT/COMNTIrND: APPROVED: City Attorney FUNDING I3y: Mayor ATTEST: BY~ .Y._. ~_._..- CityClerk S:iLnyxAdmin'~Px'ojecfs12005\2065-OI4~OFh'1CIAL~Chaz CO i P3nal GC 07TSOS.doc CERTIFIED I3Y scxEBVI,E ~~Ar~ TO CxANGE ORDER NO. 71 F1NAL CII.AZ.EQUIPMENT COl'v~1PA]VY, INC. B1.OC1~ 64 bRA1NAGIa AND WATER 1VI.AIN IMPItOVE11~IENTS PI?S' 2(105-014 CONTRAC T AWARD I'I'EA'1 NO. BESCRIPTiON UNIT EST. QTY. UNIT PRICE E~TENBEB TOTAL PRICE 1 Mobilization LS 1 $20,000.64 $26,4DO.D0 2 MaintananceofTraffic L.S 1 $1.0,000.00 $10,000.00 3 Clearing and C:rubbing LS 1 $80,000.04 $80,0411.00 4 I-Il2" Type S-3 Asphalt. SY 970 $17,00 $16,490.00 5 8" Limerack Base SY 1044 $25,00 526,1.60.00 6 52" Stabilized Subgrade SY ] ] l l $12.00 $13,332.00 7 Pavement Markntgs & Signage LS 5 $2,500.64 $2,5x0.00 8 Asphalt Driveway Apron wl base SY 120 $90.D0 $10,8D4.00 9 Concrete Drive Apron (6" thick) SF 590 $15.00 $8,850.00 LO Asphalt Trench Repair L.F. 932 $30.00 S2?,960.00 11 Swale Grading & Sodding SY 14Q4 $15.D0 521,004.00 12 Ca~creteValleyGutter L.F. 640 530.00 $19,200.00 13 'l' e `C' Inlet EA 2 $5,600A0 $10:000.00 ] 4 15" RCP Storm Sewer Pre L.P. 444 575.00 $33,300.00 15 Comtect to 1;x. 60" Stonn Sewer i e EA 1 $7.SOOAO $7,500.00 16 S" D1P W.M. LF. 931 545.00 $41,895.00 17 ft" Gate 'Valve HA 4 $1,450.00 $5,806.00 18 tD" x 8" "Tapping'1'ee & Valve EA 1 $tr,000.00 $6,000.06 t9 PireHydrantAssembly EA 2 $4,500.00 $9,000.00 2fl Fill ~ Flush Assembly EA 1 $1,000.60 $l,D6x.DD 21 Sample Poiirt F_A 2 $450.00 5906.00 22 Single Water Service EA 12 $1,3b0.00 $1&,320.00 23 Double Water Service L.F. 2 51,700.00 53,400.00 24 Connect to Existing Water Main EA 1 $I,SD0.00 $3,500,00 25 8" C-900 PVC Spa. Sewer L.E. 20 $525.00 $2,500.00 26 ReanovelAbandon Existing Water Main EA 1 $5,000.00 $5,000.00 27 Prq~ecf Signs EA 2 $$(10.00 51,600.00 28 As-13uilf Record Drawings SA 1 $4,06D.DD $4,DOO.OD 29 lanciscapc Allowance LS 1 $4,00400 $4,000.00 30 Litiiity Allowance LS 1 SS,OOO.flO $S,000.OU 3] Video alIawance LS 1 $1,000.00 $2,000.00 32 Indeinnifioation LS 1 $54.4© 516.60 TOTAi. ORIGINAL CONTRACT AWARD $415,957.OU CO NTRACT Ta BATE AC"1"UAL QTY. UNIT PRICE EXTEI~TBED TOTAI. PR1CE 1 $24,004.OD $20,00(}.00 5 $lx,Dxx,DD $1x,ooa.oD 1 $BU,QDt3.04 $8D,600.00 914 $17.04 515.538.00 850 $25.D0 821,250.00 1014 $12.00 $12,168.00 2 $2,SOD.00 5?,S6a.OD 173 $90.DD $15,570.00 565 $15.06 $8,475.00 623 $30.00 $38,690.00 I114 $15.00 $16.710.00 551 $31?.00 $19,530,00 2 $5,000.00 $]D,ODD.00 4x8 $75.00 $30,600.00 1 $7,500.00 $7,SDO.DD 952 $4S.D0 $42,840.00 4 $1,45a.Ox $5,80D.60 1 $6,000.00 $G,OD0.00 2 $4,560.00 $9,000.00 1 $l,ooD.o6 $1,ODD.00 2 $450.00 $900.00 19 Slz36D.OD $25;840.00 I $1,700.OD $1,700.00 t $l,S6D.DO $1;SD0.00 20 $125.00 $2,500.00 1 Ss,DD6.D4 $s,aDD.DD 2 $500.00 51,600.00 1 54,000.00 $4,000.UO 0.41625 $4,000.00 $1,565.00 0.9805 $S,DDD,D6 $4,902.56 I $1,U60.DD $1,QOD.00 1 $lU.D4 510.x0 5403,788.Sa ($12,168.50} CO #1 SW 3rd St. Sanitary Sewer Main Installation $49,000.00 1 $49,Ooa.aO $49,Oa0.Oq $D.60 CO #2 Collapsed Sanitary Sewer Main Replacement $69,540.00 1 $59,540,00 $69,540.00 $x.00 (between SW 3rd St and SW 4th St} CO #3 - Water ServiceslGannections on 5wintan 8 @ $2,500.00 $2fl,000.00 9 $2,500.00 $22,500.00 $2,54D.40 CO #4 SW 7th Ave. Emergency Sanitary Sawer Main Repairs * (See Below) CO #5 Addition of SwaieSAlong west Side of SW 1st St. $9,875.00 1 $9,875.00 $9,875A0 $0.00 CO #5 Barwick Road GurbinglSwaies West Side"` (See E3elow) CyFtAND TOTAL (including Ca's '[-3, & 5} $564,372.00 $554,7©3.50 (S9,6fi8.50) Original Cnntraat Award $4i5,957A0 Previously Approved Changes $148,415.00 "focal AwardlApproved to Date $564,372.Oa Final Contract to [3ate $554,703.54 c~~~G ~~®~ fu®. 7 ~ Fprva~. ~~,i;68.~a ` CO #4 SW 7th Avenue -Nat added to this contract; separate purchase order issued °` CO #6 t3arwick Road -Not added to this contract; separate purchase order issued 7!2!2008 0 c a x a ~,=. 0 a Ki oa ra ca N C7 "a O P Q d Z ~_ Q U Q J O ~' Gi 1 ~.sITY ®~ DELF~AY BCACH BLOCK 64 ALLEY DRAINAGE 6A1E:07/90/PP08 EN1/CR0~IMEI~CC'AL uE~tVECEu DEPARTAAEM" ®e lNATER MAlN ~~PROVE~1=N~rs ~~~~NA~~ ~ 434 BOUI'FI &1NNTCPf AVENUE, C~..fiAY BEACH, k=L.d~7A 33444 2D05-094 ~ Of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 1, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF JULY 15, 2008 CONTRACT CLOSEOUT (CHANGE ORDER N0.2/FINAL)/RANDOLPH & DEWDNEY CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$462.62) and final payment amount of $60,291.99 to Randolph &Dewdney Construction, Inc. for the completion of the Pompey Park Community Center Improvements Project. BACKGROUND The project scope consisted of the remodeling of the auditorium, kitchen, restrooms, and locker rooms; the addition of a hallway, lounge area, two meeting rooms, two storage rooms, and new entrance; also the entire Pompey Park Administration/Gymnasium Building was painted. 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 #646601 to funding account 380-4150-572-62.61 (2004 G.O. Bond/Buildings/Pompey Park Expansion). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$462.62) and final payment amount of $60,291.99 to Randolph &Dewdney Construction, Inc. for the completion of the Pompey Park Community Center Improvements Project. CITE' ®>F; DELRAY I3EAC&~ CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 Final (Contract Closeautj PROJECT NO. 2004-pS2 DATE: PROJECT TITLE: Pompey I'aa-l~ Community Center Improvements TO CONTRACTOR: Randoiph & I3ewdney Construction, Inc. YOU ARE HERESY REQUESTED TO MAKI~, THE FOLLOWING CIIANGES IN THE PLANS AND SPECIPICAT.IONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENAIV'"I`S JUSTIFICATION: Complete changes to project per the attached Schedule "A" SUMMARY OF CONTRACT AMOUNT/Ci-IANGES ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO 'T`HIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PERCENT DECREASE `T'HIS CHANGE ORDER -.43% TOTAL PERCEN'T` INCREASE TO DATE 3.32% $1,166,884.b0 $ 39.227.86 $ I,205,112, 45 ($462.52) $1,205,549.84 CERTIFIED STATEMENT'; I hereby certify that the supporting cost data included is, in my considered apinion, accurate; that the prices quated are fair and reasonable and in proper ratio to the cost of the originat wark contracted for under benefit of ca~npetitive bidding. Randolph & Dewdney Construction, Inc. {Contractor to sign & seal) TO BE FILLED OUT BY DEPAR`T'MENT INITIA'TTNG CHANGE ORDER Funding is availah~le from account: DEPARTMENT FUNDING DELRAY BEACH, FLORIDA by its City Can~mission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk CERTIFIED BY S:1EngAdminlProjecESLOf}4'~2604-052\OPFIC]~AL1C0 2 Prnal RandoFph & Dccc~daiey GC ©7i508.doc scxEDUI~E ~~A^ TO CI3ANGE ORDER NO. 2 /FINAL RANDOLPII & DEWDNEY CONSTRUCTION, INC. POMPEY PARK COMMUNI'T'Y CENTER IMPROVEMENTS PRO.IECT #2pp4-p52 CONTRACT AWARI] ~n3vTUarT Tn ~aQ~~ ITEM NO. _..,,w DESCRIPTION UNIT CST. TY. UNIT PRICE EXTENDED TOTA1. PRICE ACTT.JAL Q~I'Y. UNI'T' PRICE EXTENDED TOTAL PRICE QUANT ADd• ~ / - 1 SiteMolsilixation LS 1 $ 70,013.04 $ 70,D13.fl4 1 $ 70,013.04 $ 70,013.04 $0.00 2 Baud Prcaniuan LS 1 $ 40,000.00 $ 4D,000.00 1 $ 40,f10U.00 $ 40,OOO.OD $O.OD 3 Phase l Demolitian LS 1 $ 5D,90fl.fl0 S 50,900.Da 1 $ 50,9fl().00 $ 54,9D0.00 $0.00 4 ALiestos Flooring Removal LS 1 $ 13,495.Ox $ 13,495.x0 1 $ 13,495.00 $ 13,495.D0 $0.00 5 ElectricalDernolition LS 1 $ 10,000.00 $ 1D,x40.D0 1 $ 10,D4Q.00 $ ]U,O90.OQ $O.OD 6 Prepared Slabs wlFill LS 1 S 8,6DO.xx $ 8,600.fl4 1 $ 8,640.00 $ 8,600.00 $0.00 7 Misc. Plartabing LS 1 $ 6,000.00 $ 6,00x.00 1 $ 6,400.Q0 $ 6,OOD.DO $OAO 3 [3nderground electrical LS 1 $ 25,668.50 $ 25,668.50 1. $ 25,66fi.50 $ 25,6(18.50 5D.00 9 Footers and Slab LS 1 $ 29,128.Ofl $ 29,128,00 1 $ 29,128.fl0 $ 29,128.00 $0.00 lfl Masonay LS 1 $ 26,940.00 $ 26,940.(10 1 $ 26,940.40 $ 26,940.00 $O.flU 11 I31ockInsulation L5 I $ 1,SDO.DO $ 1,504.00 I S 1,500.00 $ 1,500.00 $x.40 12 Concrete Beams Poua~ed LS 1 $ I2,564.OD $ 12,554.00 1 $ 12,564.00 $ 12,564.00 $0.00 13 Structan~al Steel LS 1 $ 25,900.40 $ 25,900.60 3 $ 25,900.00 $ 25,9DD.60 $0.00 14 IIar Joist Metal Deck L5 1 $ 24,ODO.Ofl $ 24,QD0.4a 1 $ 24,0OO.Ofl $ 24,Ox0.Ofl $0.00 15 Store Fraut Windows L5 1 $ 47,50D.00 $ 47,50x.00 1 $ 47,5DO.a0 $ 47,SOO.DO $0.00 ]b Exteriaa'Praaning LS 1 $ [9,437.00 $ 19,437.00 1 $ 19,437.00 $ 19,437.D0 $OAO 17 InteriorPraaning LS 1 $ i9,106.Dfl $ 19,106.OD 1 $ 19,166.fl0 $ 19,1(76A4 50.0fl 18 Electrical Rough L,S 1 $ 33,89(.40 $ 33,896.40 l $ 33,89b.40 $ 33,896.40 $0.00 19 AIC Duct Work LS 1 $ 13,120.00 5 13,120.00 1 $ 13,120.00 $ 13,120.00 50.00 20 Acoustical Ceilings LS l $ 16,1(17A0 5 16,107.00 1 $ 16,107.00 $ 1fi,107.00 $xA4 21 Acoustical Wall Panels (A-1) LS 1 $ 17,0x0.60 $ 17,000.x0 I $ 17,OOO.D0 5 17,000.00 $0.00 22 Drvwa1114ang LS I $ 20,1Ob.0U $ 20,106.00 I S 20,306.00 S 20,1D6.40 $0.00 23 I?rywall Finish LS 1 $ 12,553.00 $ 12,553.00 1 $ 12,553.Q0 $ 12,553.04 $0.00 24 Knockdown Corridor #116- L5 1 $ 15,900.00 $ 15,9UD.04 1 $ 15,900.00 $ 15,900.00 $0.00 25 Existing Aastrooans #]04- LS 1 S 20,837.60 $ 2Q,837.64 I $ 2D,837,6x $ 20,837.6x $0.00 26 laasulation LS 1 $ 2,463.00 $ 2,453.00 1 $ 2,463.40 $ 2,463.Q0 5().00 27 RoofmgDry-Iaa LS L $ 25,711.70 $ 25,71I.70 1 $ 2,5,711.70 $ 25,71].70 $0.00 28 Ran'(~aagComplete LS 1 $ 11,419.3D $ 11,419.30 1 $ 11,fl19.30 $ 11,019.34 $0.00 29 Porce]aiuFloaring LS 1 $ 71,425.00 $ 71,425.D4 l $ 71,425.00 $ 71,425.00 $f1.00 34 Interior Painting J.S 1 $ 37,Ofl0.00 $ 17,000.00 1 S 17,000.00 5 17,400.00 $0.00 31 Existing Multipurpose Room LS 1 $ 44,148.31 $ 44,14831 1 $ 44,148.31 S 44,148.31 $D.OD 32 Stucco LS 1 $ 18,OOO.D4 $ 18,OOO.DO 1 5 18,OD0.00 $ 18,400.00 $0.04 33 Roll Up Garage Daars LS 1 $ 8,418.D0 $ 8,418.00 1 $ 8,418.00 $ 8,418.fl0 $O.flO 34 Exterior Pazn€ing LS 1 $ 6,400.00 5 6,000.00 1 $ 6,xOD.00 $ 6,OOD.Ofl SO.DD 35 A/CTrirn LS 1 $ 9,320.00 $ 9,120.OD 1 $ 9,120.Ofl S 9,124.40 $0.00 36 El.ectrica] Finish ],S 1 $ 20,948.20 $ 20,948,20 1 S 20,948.2D $ 24,948.20 $Q.00 37 Cabinetry ` LS 3 $ 52,82fl.13 $ 52,820.13 1 5 52,82D.13 $ 52,820.13 $O.OD 38 Mica'I'ops LS ] $ 4,D4D.44 $ 4,OOD.60 [ $ 4,040A0 $ 4,000.00 $0.00 39 Stainless Steal Ki#chen Tops LS 1 $ 14,044.00 $ 14,OOO.QO L $ 1.4,040.OD $ 14,400.00 $4.00 40 Gaa~}aet & V"inyl Base LS 1 $ 4,900.04 $ 4,900.00 1 $ 4,900.00 $ 4,9DO.OD $O.U4 41 )roldorng Particians (3) (A-2) LS 1 S 43,90L>,DO $ 43,900AD 1 $ 43,900.00 $ 83,940.00 50.00 42 Projection Screen LS 1 $ 3,500.00 S 3,504.xx 1 $ 3,5fl0.OQ $ 3,SOO.DO $O.Ox 43 As Built Drawings LS 1 $ 700.00 $ 7D0.00 1 $ 700.00 $ 70D.0O $0.00 44 Consiruciinn Cleaning C,S 1 $ 3,500.OD $ 3,500.06 I $ 3,544A0 $ 3,5x0.00 $0.04 45 Phase - 2 Demolition L5 1 3 12,475.42 $ 12,475.42 1 $ 12,475.42 $ 12,475.42 $x.40 4b 'T'emp Walls w/Pad Wall Reio LS 1 $ 5,440.00 $ 5,040.D0 3 $ 5,440.00 $ 5,040.D0 $4.40 47 Fuxin & Drywall LS 1 $ 3'7,9x0.40 $ 37,940.00 1 $ 37,900.x0 $ 37,94aA0 $O.DU 4$ Interior Doars LS 1 $ 2,900.00 $ 2,900.DD 1 $ 2,900.Ox $ 2 9D0.00 $0 00 49 PluanbingRough LS 1 $ 11,000.00 $ 11,OOO.DO 1 $ 11,000.00 , 5 11,(100.00 . $4.00 54 Plrnnbing Tap flat LS 1 $ 8,Ofl0.OQ $ 8,040.40 1 $ S,Q009U $ S,UOD.00 $D.flO Page 1 SCTIEI)ULE "A" TO CI3ANGE ORDER NO.2 / I+INAL RANIIOLPI3 & ®EWI)NEY CONSTRUCTION, INC. POMPEY PARK COMMUNITY CE]lTTER IMPROVEMENTS PROJECT #2004-052 CC7NTI2 A('T awal~n rnrr'trxr e r r ~rn t, s ~r~ ITEM NO. ~ DESCRIPTION UNIT EST. QTY. UNIT PRICE ! EXTENbEb 'T'OTAL PRICE ACTUAL QTY. UNIT PRICI! EXTENbEb TOTAL PRICE QUANT /- AbJ• "~ 51 Plumbing Final L5 1 57,Sfl0.DD $ 7,SOO.DD 1 5 7,500.00 $ 7,506.D0 $fl.DO ,i2 LaectriealRough LS 1 $ 11,800.fl0 $' 11,SU(}.OU I $ 11,$00.00 $ 11,SOO.DD $D.DO 53 Electrical Pinal LS 1 $ 5,800.00 $ 5,800.00 1 $ 5,800.D0 $ 5,8D0.06 $O.Ofl 54 AIC Final LS 1 $ 1,]OD.DO S I,1D6.Dfl 1 $ 1,14fl90 $ 1,1fl0.OD $().0€) 55 Black ]nsulatiott LS 1 $ 3,040.00 $ 3,fl40,00 1 $ 3,040.00 $ 3,440.D0 50.00 56 Flaa~•ing LS 1 $ 26,995.00 $ 26,995.00 1 $ 2b,995.00 $ 26,995.60 $DA4 S7 F3ath l'articians & Accessories LS i $ 10,750.00 $ 10,75D.D0 I $ 10,750.D0 5 10,75D.OD $6.6D 58 Counter Tops LS ] $ 6,454.00 $ 6,454.00 1 $ 6,454.00 $ 6,454.06 56.DD 59 Pai~ating LS 1 $ 3,200.D6 $ 3,200.00 I $ 3,20fl.D4 5 3,2DO.OQ $(5,00 60 Consn~ction Cleaning LS 1 $ 1,D75.00 $ 1,fl75.00 1 $ 1,675.00 $ 1,075.OD $0.00 61 Allowance - Rooan Signage LS 1 $ 1,40090 $ 1,fl00.00 1 $ 1,600.OD $ 1,000.00 $0.00 62 Allowance -Stage Curtain 1.,5 1 $ 7,000.00 $ 7,OOO.DU 1 $ 7,000.00 $ 7,000.06 $Q.DD G3 Allowance - hrigation & Lands LS 1 $ Z,OODAO $ 2,OOD.DO 3 $ 2,000.00 $ 2.600A6 56.60 64 Allowance -Contingency LS 1 $ 64,46D.D0 S f7D,D06.0D (3.99 $ G6,OOfl.DO $ 53,537.38 $ (462.62) 65 Indenmification LS 1 $ 10.DD $ 10.00 1 $ 10.00 5 10.00 $0.00 xu t,~-, uxtutixwr, t:urv txAC, I Awnlcl~ ~i [,I66,2SIf4.6E1 $ I,I66,421.923 ($462.62) CC} #1 Additianal Reno~ations* 1 $ 39,227.86 $ 39,227.86 1 $ 39,227.86 $ 39,227.86 $fl.g4~ [~I2A.y-Tf)TAL IIVCLU[31NG CH.AV(YL<' dR-I;R?VO. I $ 1,2Q6,112.46 $ 1,205,699.84 ($462.62) .Original Contract Award $ 1,166,884.60 Previously Approved Changes $ 39,227.$6 Tote! AwardlApprnved to Date ~ t,2os,1t2.46 Finai Contract to Date $ 1,2as,649.a4 CHANGE ®RDER NO. 21 FINAL $ 462.62 The additional renovations 1'or Change Carder No. 1 included the follawsng: Twa pairs of steel doors, frame and hardware; replacement of aIi ceiling grid, file and light fixtures in the lobby leading westward; pressure cleaning; caulkinglwaterpraflfing; and painting of the entire Pompey Park Administrttiota/Gymnasium Building. Page 2 MEMORANDUM TO: Mayor and City Commissioners FROM: BOB DIAZ, CONSTRUCTION MANAGER RICHARD C. HASKO, ENVIRONMENTAL SERVICES DIRECTOR THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: July 7, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF JULY 15, 2008 SUPPLEMENT NO.3 TO SERVICE AUTHORIZATION N0.2/CH2M HILL ITEM BEFORE COMMISSION This item is before the Commission to approve Supplement No.3 to Service Authorization No.2 with CH2M Hill in the amount of $3,000.00 regarding the Pompey Park Building Improvements, P/N 2004- 052. BACKGROUND During the renovations to the Pompey Park facility, additional professional services were provided by CH2M Hill as a result of unforeseen issues with the existing mechanical and fire alarm systems. Engineering services included additional field visits, development of new fire alarm system drawings and revised mechanical plans (HVAC & Plumbing). Supplement No. 3 is attached hereto as Exhibit "A" for your reference. FUNDING SOURCE Funding is proposed from account 380-4150-572-62.61 (Parks & Recreation/Pompey Park Expansion) RECOMMENDATION Staff recommends approval of Supplement No.3 to Service Authorization No. 2 to CH2M Hill in the amount of $3,000.00 regarding the Pompey Park Building Improvements. City P.(3. lVami~er: ~~7~-~$ City Project umber X444-~52 Title: Pompey bark i3uiiding lrr~pr~ver~enfs Cate€~ory of t~fork: Additional Cons~ruc~iar~ ~dministratia~~ (Parks ar~d Recreatian) e~~r~l ~h.i~ ~uPla~al~.~ly~ 1v~. z t~ ~~1~v1Cla ~r~T~~ol~lz.~.~l~lc~lvr ~s~} ~o. ~ sha11 znadify tl~~ I~rofessional services agreexnen.t referees ced a1-~ave ~~~~d s1-aa11 became part of i1~at ~3GRI;~~MF;N`1~ as i.f writ~en t~ereixz ~i11. C:haz-zges ia~ i;11.e ~~~dicated Scope of Services will be su~aject to reeg(~tiation axzc~ iznplel-nented through a ~rxlendrr~ent t~~ tl zis agreement. ~~~~~~~ During the construci~on cf the 1'omp~~~.- Park inlproverre~~.ts, CH21vI I-IILL was contracted unclz:• a pz~evious sea-vice auti~arizatian iar c~:z:sti~u.ciioz~z adzninistz•t:ti.on support to the City-. `l~lie scope of ~vorlc vas provided pzafcssianal services z•elated to attending meetings, reviews ana observat~or:s d~xri*~g cor~s~ruction, other z'elated services. The scope cI work covered a c:~z~.st~-zzatiorz 1ae.riad of b xr~nntl:,s, but dzze to circ7:_stances oat cif CI: I21VI I-liLi.'s c€~r~tro, tJ~:e ec~nstruction has lasted much longes•_ I~1 ar•r effort to p7°esei~r~ the lzuclget, Cl--I2~~U1 H11.1~ warlced with he Cite to extend the budget ove,. the 1oz-~ger ti~~w franc as inucl: as ~c;ssible. L;nfartunatcly, a numbu• of addit~oz~ai issues that z-~eed~ed to bP addressed. that could z~ot be covered. ley the existing i3~~d;et~. Tl~ei•efore, this scope of services covers t~~e additional itezx}s that needed to be add.i°essed to bring the project io a successful c~azrpletxan. ~~zpe ~ e~iCe~ This scope of services wi11 be considered a second 5:xppiernent io S ~? Nc~. 2, an~~ s1•zal.l revise thw o1°iglr~al Tc~slc ~ ~- ~ansf~°uc{io~3 5ear~ic~s ir~cltzr~e€I z~~, ~ul~~lex~ent l~~os, 1 and ? to SA Na. 2. Task ~~ - Addi~ra~al Cons~~ucfiior~ Se~ric~s Additional construction services to be }~ro~>ided to th=~ City ir._cl:a:~e: Dcveloprr~erzt of view and existing Fire ?Ia.m Syste~.~ drar~rings ane~ coorclznation anti{ fn'lcvv up with Fire tvlarshal and. Sut~ Contr•actar. ~oU~~=~ ~cc~= ~-2ao5 asp ~dciitior~al fi~efd ~~isits fax caxpet selection, the zr~an~.zfact~rer h<<s ^.iscc~ntiattilecl our original. selection. H.~I ~.C systezr calculad.or~s to size a cozrfpact split systen•z for tl~ze Ioclce:' rooms, locate air liuldler; cond~nsirg zzzait and a.ir diffusers. Lie have based otir original desi~~;n oil ~s built d*_•awings, during construction use focsn,d out that existing corEdit~•;~r~s wexe s.~ conflict ;vitlZ our drawings, there •uras na ad~acertt .~xzsti.~tE, d~rct~,nrcrk to cora~eci to, and thex~faz°~ we lzad to pro~c~id~~~ an zrzd~:pend.~nt system rz•am existing azzc:. Revise plza;rtbi-rzg fixtures in tl_c Locker 7Zoozns fz•orn,. -all mczunt to floor z~~c~azlt, existing pluznbizzg c:n.a.se l~.acl no ranzn for tie ,:all z~c~LEnt type fixtczre cast iron caz°ri=:~~~s. ~~~~~~~ CH2U1 HII.,I.., will camxrzence anc comply>te the vrarl~ oxz the Scope of Services described 1-~ei°eu-~ upc~lt receipt of a fzxlla executed copy of this Consulting S~ f~•nrrx the CI'T'Y, vvl.zich Wai.ll serve as the notice to proceed. 'I'ris scope ©f services was based on the fallo~~>ing asszxzriptia~~.s; It is understood that tl~e CITY wzl3. be responsible for thc~ pxinc~pal const~uctz~a~ aaz~~nageznent az~cl daily inspection of the construct)©n arzd ~s~vill provide a praJect zxsanager and full time ezr~plc~yee ir~pectaz' ~vho is l~nawledgea>3IL ire iatilities and izzfiastruc'tuz•e iproveznez~ts. The CI'?`Y trill p~~ovicle an. employee rszspeclc~r tivhc shall ieport d:rectzy to the CITI"'s 1'raject lVlanager. Qriginally Cai~sl~~uc~riar~ ridrxvi~istratioz-~ support v3as authorized by the. CITY undez• Supplement Nos. 7. and ? to S ~ No.1, thus this Sz~.ppl.eaxr,c~,~t loo. a will amend 'I'aslz Co7lstruetiar~ Services. Compensation foi tl~e additioz~ai ~xofessiorzal consulting cng'~.neerir.~zg services as described herein. si~.al1 be caznpertsafed an a labor arzd experscs basis witT2 a noi• ts~ excoeci fee of ~3,OOC, i~~ accordan.ce ~ritlz Az-ticle TIT, ~.? of the r'~~?Zlal<Mh'NT and based oz~ the asszz.rxz.ptions abc~vc. ~a~~~FS~ sc~~L t-:~-cs ~s~ This ~A i~, appz'c7YW~d conti~.genc ~pe~n CITY acceptance of and ssttis~ac:io~z yvit:n tl-~e :::ampletian of the. se~~vi.es rendered ire the previca~:s plza~se or as ez7c~~z.~passed lay the pry?v~ioxls 5A. If k"ne CITY in its Sole discretion is u~,~satisfaeci ~~itlz tl-ze sezvzces pxovidcd in the la~'~'~'ii>xis ~aiaasc or 5A, tl~e CITY z~a}> i~rra~zx~aie the contract -vvithotzt incuxrirzg any fx~rthcx• iia~ility. CI-T.%'~ 7-~i1 ~ xa~ay not conti:rrea~ee v+.Tork on ax~xg% SA a~aprov4d iay the C~I'I~C to be i~~cluaed as part of tl~e contz aot withnui a .Euri~ez° notice to ~aroceed. Approved Iay: CITY OP DEI~P.AY pAC.E--I: Date, May car i'~zt~ ~1].is Atf~st, A}7px~o~Fed as tea Legal Sul=~i:~ienc~% and = orrr~. CH211~1 I I.I.1.,L, , Il.~1C, (C'orpcz.atE.- ..~ ~~ ~. ~.~ , _w , -~ - - "~ _- C:~,re~r.~~or-zltczn date) ~r'i.cT Presiders: and Aie~.~ C;.ffz. e I:%Ian~tgex• ~ .. ~a VtTitness vW_.~ ~~ GVi.t~ .ess ST~~'~T~ CJp 1~';~,C?I~IDA C(~UI~iTY U~ P ALM ~I;AC~ '7~he foregoi7~g it~strurz-~ent v~aas ackn~avvledbed laefoze xxe this .~_ clay of _ _ ~~ , 208, h~, Carer Me~ultezzz, Managex~ILI~., Inc., a piaricla corporation, ox~ laal~talf of der ccrlaoraci ~ ~- as pcrsoxzally k7.7o~un to zrzt and (d.id~ did z~ot 'take a oath. Glez Cha~~g ~Totazy Pul?liw State of p~.orzda (Sealj , , ,. , ~~ €~. SHAG _-. ~4`%~Y k"°~~;c~ t~Qisr{ ~uhl~c - 5~3~ tr~Fis~Clda - • " ; ~ by Commiss~ssr ~g#~~ S~, 2D©e '; ° ~:= Crsnrmis9ion # ~i~?d63577 r'~~°;~`t*'`~V bonded ~~ N~tlosr~; Notary Ate. ?or~~~r scu©F ~.zc os :~~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: July 8, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF JULY 15, 2008 AMENDMENT NO. 1 TO THE DISASTER RECOVERY INITIATIVE AGREEMENT/PALM BEACH COUNTY ITEM BEFORE COMMISSION Approval to amend the agreement between the City and Palm Beach County for the Disaster Recovery Initiative (DRI) Extension of Mango Road / SW 7~' Avenue project. Amendment 1 is to extend deadline for completion to December 31, 2008. BACKGROUND At the June 15, 2007 meeting, City Commission approved an Agreement between the City and Palm Beach County for the Extension of Mango Road / SW 7~' Avenue project. Under the DRI initiative, the City was awarded up to $252,500 in funding to extend the pavement of roads on Mango Dr. and SW 7~' Avenue to allow for the building of CLT affordable single-family housing units. The project was postponed because of a delay in obtaining a necessary right-of-way dedication. The current status is that the project has been bid out and a contract will be awarded to the lowest responsive bidder at the next City Commission meeting. An overall project extension is required by Palm Beach County because the original completion date is expiring at the end of the month. Amendment 1 extends the deadline for completion of this project from July 31, 2008 to December 31, 2008. FUNDING SOURCE Disaster Recovery Initiative RECOMMENDATION Staff recommends approval of Amendment 1 to the Agreement between the City and Palm Beach County for the Extension of Mango Road / SW 7~' Avenue project in order to extend the deadline for completion to December 31, 2008. Amendment 001 entered into this day of , 20_, by and between Palm Beach County and the City of Delray Beach. WITNESSETH: WHEREAS, Palm Beach County entered into an Agreement (R2007-1324} with the Ci#y of Delray Beach, on June 15, 2007, to provide $252,500 of 2005 Disaster Recovery Initiative Program funds for the extension of Mango Drive and SW T" Avenue in the City of Delray Beach; and WHEREAS, the parties wish to modify the Agreement to extend the project completion date, and WHEREAS, both parties mutually agree that the original Agreement entered into on June 15, 2007, is hereby amended as follows: A. Part 111 -Section 1 -Maximum Compensation: Substitute "December 31, 2008" far "July 31, 2008". B. Part III -Section 2 -Time of Performance: Substitute "December 31, 2008" for "July 31, 2008". C. Exhibit A -Section LH -Work Schedule: Delete the contents of this section and replace them with the following: "The time frame for completion of the outlined activities shall be December 31, 2008". NOW THEREFORE, all items in the previous Agreement in conflict with this Amendment shall be and are hereby changed to conform to this Amendment. A11 provisions not in conflict with this aforementioned Amendment are still in effect and shall be performed at the same level as specified in the Agreement. (MUNICIPALITY SEAL) CITY OF DELRAY BEACH sy: Approved as to farm ertd legal sufficiency: ~' ~ Sy: ity Attorney 7-~/~~ (COUNTY SEAL) ATTEST: Sharon R. Bock, Clerk & Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency By: -r_.v.v.. ri r:_r~_ Rita Ellis, Mayor By: Chevelle D. Nubin, City Clerk PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS By: Addle L. Greene, Chairperson Board of County Commissioners Document No.: Approved as to Terms and Conditions Dept. of Housing and Community Development Bv= MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: July 8, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JULY 15, 2008 RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for ratification of appointments to the Parking Management Advisory Board. BACKGROUND On June 26, 2008, the Community Redevelopment Agency reappointed Mr. Peter Arts as their alternate representative on the Parking Management Advisory Board. The appointment for Mr. Arts will be for two (2) years and one (1) month to comply with the July 31 expiration date required in the City Code. In addition, the Chamber of Commerce reappointed Mr. David Cook as their regular representative on the Parking Management Advisory Board for a two (2) year term. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and both are registered. RECOMMENDATION Recommend City Commission approve and ratify the reappointments to the Parking Management Advisory Board of Mr. Peter Arts (alternate member), representative of the Community Redevelopment Agency, and Mr. David Cook (regular member), representative of the Chamber of Commerce, for terms ending July 31, 2010. PARKING MANAGEMENT ADVISORY BOARD 05/08 TERM MEMBERS CATEGORY EXPIRES 08 /31 /09 Charles Halberg P & Z Appt 08/20/07 Ratified 10/2/07 08/01 /08 David Cook Chamber of Appt 07/18/06 Commerce Ratified 08/15/06 07/01 /09 William Branning CRA Appt 07/26/07 Ratified 08/21/07 09 /30 /08 Peter Pem WARC Unexp Appt 05/10/06 Ratified 07/11/06 Reappt 09/13/06 Ratified 12/12/06 08 /01 /08 Herman Stevens DDA Unexp Appt 06/12/06 Ratified 07/11/06 Reappt 07/20/06 Ratified 09/05/06 01 /31 /10 Mark Denkler, Vice Qiair Atlantic Avenue Comdor Amt 02/21/06 Between Swinton Reappt 01/15/08 Avenue and the Intracoastal 01 /31 /10 Alan Komblau Atlantic Avenue Comdor Unexp Appt 01/03/08 BetwE`eTl SW1Tlton Avenue and Interstate 95 01 /31 /10 John Gergen Atlantic Avenue and unexp Amt 05/06/08 State Road AIA Comdors and lying E ast of the Intracoastal Waterwa 01 /31 /10 Cecelia Boone Old School Square Unexp Appt 03/21/06 H1Stor1C AY'fS Di<stnct Re t 01/15/08 01 /31 /09 Nancy Schneider Citizen at-Large Amt o1/02/07 01 /31 /09 Troy Wheat, QZair Citizen at-Large Appt 01/06/04 Unexp Reappt 01/04/05 Reappt 01/02/07 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS 05/08 TERM MEMBERS CATEGORY EXPIRES 08 /31 /08 Joe Pike Appt 08/18/06 P & Z Ratified 10/3/06 08 /01 /08 Chamber of Commerce acant 07/01 /08 Peter Arts Appt 06/08/06 CRA Ratified 07/11/06 09 /30 /08 eginald Cox Unexp Appt 06/14/06 WARC Ratified 07/11/06 Reappt 09/13/06 Ratified 12/12/06 08 /01 /08 ran Marincola amt m/2o/o6 DDA Ratified 08/15/06 Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner G ary E liopoulos 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: July 9, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF JULY 15, 2008 RESOLUTION N0.26-08/PRESERVE AMERICA ITEM BEFORE COMMISSION The item before the City Commission is the resolution supporting an application seeking a City designation of Preserve America Community. BACKGROUND The City of Delray Beach and the Delray Beach Historical Society are partnering to apply for a City designation as a Preserve America Community. Preserve America is a White House initiative which recognizes and designates communities that protect and celebrate their heritage, use their historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs. Since the program began, more than 500 communities have been designated as Preserve America Communities in all 50 states and one U.S. territory. Benefits of designation include White House recognition; eligibility to apply for Preserve America grants; and enhanced community visibility and pride. While there are twelve designated Preserve America Communities within the State of Florida, Delray Beach could be honored as the first Preserve America Community within Palm Beach County. It is anticipated that the complete application packet will be submitted on or around August 15, 2008 in accordance with the September 1, 2008 submittal deadline. RECOMMENDATION Recommend approval of Resolution No. 26-08 providing that the City of Delray Beach will apply to be designated as a Preserve America Community. RESOLUTION NO. 26-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING THAT THE CITY OF DELRAY BEACH WILL APPLY TO BE DESIGNATED AS A PRESERVE AMERICA COMMUNITY. WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U. S. Department of the Interior, and the U. S. Department of Commerce; and WHEREAS, the goals of this initiative include a greater shared knowledge about our Nation's past, strengthened regional identities and local pride, increased local participation in preserving the country's irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities; and WHEREAS, this initiative is compatible with our community's interests and goals related to historic preservation; and WHEREAS, designation as a Preserve America Community will improve our community's ability to protect and promote its historical resources; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: That the City of Delray Beach will apply for the designation of Delray Beach as a Preserve America Community; and be it further That the City of Delray Beach will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs. PASSED AND ADOPTED in regular session on the day of , 2008. MAYOR Attest: City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: July 9, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF JULY 15, 2008 APPLICATION/COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAPI ITEM BEFORE COMMISSION The Police Department seeks retroactive approval for the submission of an application to the Department of Homeland Security, Urban Area Security Initiative (UASI), under the FY 2008 Commercial Equipment Direct Assistance Program (CEDAP). The equipment requested through this program was a "dTective forensic Video Evidence Enhancement Clarification and Analysis System" with an estimated value of $10,000. BACKGROUND There is a variety of video equipment for surveillance that is capturing images that our Department does not always have the technology to view. The "dTective forensic Video Evidence Enhancement Clarification and Analysis System" would give us the ability to view those images regardless of the technology that captured them. If we choose to maintain this equipment, the City will incur costs of $1,295/ year for technical support and dTective software upgrades. The Department only became aware of this opportunity a few days prior to the deadline of June 30~'. That time line precluded obtaining Commission approval prior to the deadline. Therefore, approval is being sought retroactively. FUNDING SOURCE Funding is available under #001-2115-521-46.20. RECOMMENDATION The Police Department recommends approval. Responder Knowledge Base - https://www.rkb.us/ Commercial Equipment Direct Assistance Program Application Number: CEDAP-54786 Status: Submitted (NOT eligible until endorsed by a Head of Agency) As of : 30 Jun 2008 2 :43 PM 1. Has your agency or department received, either directly or indirectly, any funding/equipment via the Urban Areas Security Initiative (UASI) or the Assistance to Firefighters Grants (AFG) for which the Award Date was October 1, 2006 or later? Note that this restriction is based upon the official date of award, not the date on which equipment was actually received. If you are not sure, please contact your State Administrative Agency (SAA) for help. Click here to view the SAA for your state. You can also click here for a PDF document that describes the UASI areas.: No 2. It is a DHS requirement that States, Territories, Tribes, and local governments must meet the National Incident Management System (NIMS) Implementation requirements in order to receive assistance. Click here to find out more about NIMS. If you are not sure about the requirements as they apply to your organization, please contact your State Administrative Agency. To qualify for CEDAP you MUST be able to make the following declaration: The agency/organization submitting this application is now NIMS compliant or is making a good faith effort to become NIMS compliant. 3. Name of Agency: Delray Beach Police Department 4. Mailing Address of Agency: Street 1:300 West Atlantic Av City: Delray Beach County/Parish: Palm Beach County State: FL 9-Digit Zip Code: 33444-3666 5. Address for receipt of equipment (NO POST OFFICE BOXES, PLEASE): Street 1:300 West Atlantic Av City: Delray Beach County/Parish: Palm Beach County State: FL 9-Digit Zip Code: 33444-3666 6. Head of Agency or department (Police Chief, Sheriff, Fire Chief, Commissioner, Director, Commander, etc.): Title: Chief First Name: Anthony Last Name: Strianese Phone: 561-243-7851 Email Address: strianes~a ci.delray-beach.fl.us Responder Knowledge Base - https://www.rkb.us/ 7. Agency or department type (pick the best description of your agency or department - if your agency or department does not fit one of the categories below, stop here, you are not eligible for CEDAP funding): Law Enforcement 8. Please choose one of the descriptions below: The agency/organization originating this CEDAP application is not a corporation, and is chartered and empowered as a public entity under law or ordinance as a department of a state, city, county, parish, or local government. 9. Enter the agency's Employer Identification Number (EIN) : 59-6000308 10. FOR LAW ENFORCEMENT AGENCIES ONLY. Please enter your Originating Agency Number (NCIC/ORI) (no dashes; use numbers and letters only): FL0500400 11. Agency or department size :100 - 399 12. Population Served: 50,000 - 99,999 13. Has your agency or department previously received any equipment through the CEDAP program?: No 14. Amount of funding or value of equipment, in dollars, received by your agency or department from State and/or Federal sources to purchase emergency response equipment from October 1, 2006 to date (not including CEDAP awards): $10,000 - $49,999 15. How did you learn about CEDAP? (This response will not be used to determine eligibility.): Other responder (police, sheriff, EMS, fire, etc.) 16. The list of products available through CEDAP is shown below. Each product choice includes important information about annual operating costs and other notes, including quantities if more than one of the items are included in the award. Select ONE product that best meets the needs of your agency or department. You will be asked to justify your choice in the remainder of this application. You will also be asked to certify that you have not received the selected item through any other Federal grant/assistance program since October 1, 2006.: dTectiveT"" (Ocean Systems) 17. Required certifications for equipment selection: Each item contains an estimate of its annual maintenance cost, including items such as subscription fees. In some cases, these costs are substantial. After the first year, your agency/department may be responsible for this cost if you wish to maintain your equipment in working order. Please check below to certify that you acknowledge these potential annual fees: Yes, I acknowledge that these and any other costs associated with the requested equipment will be paid by my agency/department after the first year. Please check below to certify that you have not received the same item of equipment selected Responder Knowledge Base - https://www.rkb.us/ above from any other Federal grant/assistance program since October 1, 2006: Yes, I certify that my agency/department has not received the equipment selected above through any other Federal grant/assistance program from October 1, 2006 to date. Please check below to certify that you have a present need for the equipment being requested and that your agency/department will comply with restrictions on resale, exchange, or redistribution of equipment: Yes, I certify that myagency/department has a present need for the equipment being requested, and that my agency/department will not resell, exchange or redistribute said equipment without prior approval of the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), National Preparedness Directorate. 18. Does your jurisdiction include any of the following types of critical infrastructure/key assets (check as many as apply)?: power grids,bridges and highways,communications facilities,other 19. Provide the name(s) AND location(s) of the specific critical infrastructure/key asset(s) selected in the previous question (if none were selected, leave blank): FL Power and Light Power Grid: 1500 Block SW 10St. Delray Beacf, FI Intracoastal Waterway Bridges: Atlantic Ave and the ICW & Linton By and the ICW, Delray Beach, FI Delray Beach Police & Fire Communications Center: 300 W. Atlantic Av, Delray Beach, FI City Water Department: SW 4 Av and 5 ST, Delray Beach, Fl Host for several International Tennis Tournaments including the Davis Cup. 20. Please indicate below whether your agency or department has participated in a structured risk assessment at any time since September 2001: A structured risk assessment has been COMPLETED. Completion Date (Actual or Estimated): 05/01/2002 Name of Conducting Agency: City of Delray BEach Police Department IF A STRUCTURED RISK ASSESSMENT IS COMPLETE, are all of the critical infrastructure/key assets identified in Questions 18 and 19 addressed in the risk assessment?: Yes IF A STRUCTURED RISK ASSESSMENT HAS BEEN COMPLETED, is the CEDAP equipment you selected in this application specifically identified in the structured risk assessment as needed to minimize the potential hazards to the critical infrastructure/key assets at risk within your jurisdiction?: No 21. Please describe how the selected CEDAP equipment will be used in aterrorism-related critical incident management mission. The response should address relevant Homeland Security National Priorities and Target Capabilities .Note: The 37 Target Capabilities are available for review on this site. Click here to view the index to the Target Capabilities.: The equipment being requested is somewhat unique for this application in that it is needed primarily for a post terrorist incident. There are so many different surveillance systems utilized throughout the city both by government and private business. Our department currently has difficulty viewing everyday surveillance images from more traditional crimes like robberies, burglaries and frauds due to the different systems used to capture those images. When the Federal Building in Oklahoma was Responder Knowledge Base - https://www.rkb.us/ bombed, timely viewing of all area surveillance images was critical in obtaining suspect vehicle information. We would not be able to view this type of data from the numerious systems without the offered equipment. 22. Please describe how the selected CEDAP equipment will be used in your agency or department during routine daily or all-hazards operations to maintain proficiency for acounter-terrorism mission, and how the equipment is unique to the needs of your agency or department: As noted above our city suffers from robberies, burglaries, auto thefts, frauds, assaults and various other crimes every day. Proficiency will be maintained by using the system to view images captured in those crimes, which unfortunately happen all too frequently. The equipment wouldn't necessarily be unique to our agency but our city seems to have a higher chance of being targeted by terrorists due to us hosting international tennis tournaments as well as celebrity tournaments attended yearly by former President George Bush and other high profile potential targets. Some of the terrorists who carried out the World Trade Center attacks resided in Delray Beach during their planning phase. It's feasible they were on video, never viewed, making their necessary purchases to conduct the attack. 23. Are there any equipment items or categories of equipment not included in CEDAP 2008 that you feel should be included in next year's CEDAP application? If so, please describe below (be as specific as possible regarding the equipment or capabilities you would like to see included): N/A S-1. Please identify the Technical Point of Contact in your organization that will be responsible for the system (this person may be the system administrator, the principal user, or both): Title: Systems Manager First Name: Mike Last Name: Garcia Street 1:300 West Atlantic Av City: Delray Beach State: FL 9-Digit Zip Code: 33444-3666 Phone: 561-243-7832 Email: garciam~a ci.delray-beach.fl.us S-2. Please describe skills and experience of the individual named in Question S-1, with emphasis on experience (either as administrator or user) with the specific hardware, operating system, and application(s) used in the requested system. If there are additional personnel with relevant experience, please summarize that experience as well: Extensive training and certifications from Microsoft. Being a somewhat small department we use Mr. Garcia for everything technical and electronic. S-3. Please describe your existing information technology environment (address each of the following items in the text of your response): Total number of computers (including desktops, notebooks, and handhelds): 190 Responder Knowledge Base - https://www.rkb.us/ Operating system(s) used: Microsoft/HTE Describe Internet connection(s) if any: Unsure at this moment. If a network exists, describe type of network, layout (including wireless access points) and number of users: A network exists but I do not have that information at this time. Provide any additional details that would assist in determining suitability for implementing system requested in Question 16: Unsure at this time. S-4. Please describe how your agency intends to implement the requested system, including how the requested system will integrate with your existing information technology environment. The answer to this question should provide technical details over and above the answers provided in your answers to the basic application questions: Technical information can not be provided at this time. S-5. If any user-supplied hardware/software is required to implement the system requested in Question 16 (e.g., the required Windows PC for the CounterMeasuresT"' Risk Analysis System), please describe in detail the equipment you will provide (brand name, model, processor speed, operating system, etc.): N/A S-6. Please discuss any planned coordination with other agencies that will jointly share in the use of the system, data, or databases. Include the names of the agencies, the data or databases that will be shared, any Standard Operating Procedures (SOPs) or Memoranda of Understanding (MOUs) you have established or are in the process of establishing to share information: Because of our limitations in viewing captured images from surveillance videos, we have to view video tape etc at neighboring departments. With this equipment we could return the favor. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: July 10, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF JULY 15, 2008 LEASE AGREEMENT /T-MOBILE/TELECOMMUNICATIONS TOWER AT BARWICK PARK ITEM BEFORE COMMISSION The attached lease agreement between the City and T-Mobile provides that the City shall lease an area, not to exceed 800 square feet, to T-Mobile to allow T-Mobile to construct a 90' stealth flagpole communications tower (monopole) at Barwick Park. BACKGROUND The agreement provides that T-Mobile shall have the option to lease the premises for a communications tower. T-Mobile shall have 9 months in which to exercise the option and shall pay the City $1200.00 for this option period. The start of construction shall trigger the start of the lease and the requirement to pay rent. The initial term of the agreement is five years with the ability to renew for 3 additional 5 year terms. The monthly rent payment shall be $1,800.00 plus 30% of the gross monthly rent received by T- Mobile for each subtenant co-locating on the tower. The monthly rent payment shall increase by 3% on an annual basis over the lease amount paid the previous year. The tower shall not interfere with the City's public safety communication system and T-Mobile shall indemnify the City for its actions regarding the placement and use of the tower on City property. RECOMMENDATION Staff recommends approval. SITE LEASE WITH OPTION THIS SITE LEASE WITH OPTION (this "Lease"} is by and between the City of Delray Beach, a municipal corporation ("Landlord") and T-Mobile South LLC, a Delaware limited liability company ("Tenant"). 1. Option to Lease. (a) In consideration of the payment of twelve hundred and no/100 dollars {$1,200.00) {the "Option Fee") by Tenant to Landlord, Landlord hereby grants to Tenant an option to lease a portion of the real property described in the attached Exhibit A {the "Propert}~'), on the terms and conditions set forth herein (the "Option"). The Option. shall be for a term of nine (9) months, commencing on the Effective Date (as defined below) (the "Option Period'. (b) During the Option Period, and during the Initial Term and any Renewal Term (as Chose terrrrs are defined below) of this Lease, Landlord agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the Premises, however any use of the Premises is subject to local zoning and building codes; and Landlord agrees to reasonably cooperate with and to allow Tenant, at no cost to Landlord, to obtain a title report, zoning approvals and variances and land-use permits. Landlord grants to Tenant a right of access to the Property, as determined by Landlord, to perform any surveys, .soil tests, and other engineering procedures or environmental investigations ("Tests") on the Property deemed necessary or appropriate by Tenant to evaluate the suitability of the Property for the uses contemplated under this Lease. During the Option Period, Tenant may exercise the Option by sa notifying Landlord in writing, at Landlord's address in accordance with Section 12 hereof. (c) If Tenant exercises the Option, then Landlord hereby leases to Tenant that portion of the Property sufficient for placement of the Antenna Facilities (as set forth in Exhibit "B", attached hereto), together with all necessary-space and easements for access and utilities, as legally described and depicted in the attached Exhibit C (collectively referred to hereinafter as the "Premises"}. The Premises, located at 4321 Lake Ida Rd.,. Delray Beach, FL 33446, comprises approximately eight hundred (800) square feet. If Tenant does not exercise the Option during the Option Period, this Lease will be null, void and of no further force ar effect and the parties will have no further liability to each other. 2. Term. The initial term of this Lease shall be five (S) years commencing on the start of construction of the Antenna Facilities (the "CammencemenY Date"), and terminating at midnight on the last day of the initial kern {the "initial Term"}. 3. Renewal. Tenant shall have the right to extend this Lease for three (3) additional and successive five-year terms (each a "Renewal Term") on the same terms and conditions as set forth herein. This Lease shall automatically renew for each successive Renewal Term un3ess Tenant notifies Landlord, in writing, of T'enant`s intention not to renew this Lease., at least thirty (30) days- prior to the expiration of the Initial Term or any Renewal Term. !f Tenant -shall remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed amonth=fo-month tenancy under the same terms and conditions of this Lease. At the conclusion of the last Renewal Tetmt, Tenant shall have the right to renew for additional Eve (5) year extension terms upon mutual agreement of the parties. 4. Rent. (a} From and after the Commencement Date, Tenant shall pay Landlord or designee, as rent,. one thousand eight hundred and no/100 dollars ($1,80(}.00) per month ("Rent"}. The first payment of Rent shall be due within twenty (20) days following the Camme>scement Date and shall be prorated based on the days remaining in the month following the Commencement Date, and thereafter Rent will be payable monthly in advance by the fifth day of each month to Landlord at the address. specified in Section l2 below. If this Lease is terminated for any reason (other than a default by Tenant) at a time other than on the last day of a month, Rent shall be prorated as of the date of termination and all prepaid Rent shall be immediately refunded to Tenant. Landlord, its successors, assigns and/or designee, if any, will submit to Tenant any documents required by TenanYin connection with the payment of Rent, including, without limitation, an IRS. Form W. -9. (b) On each annual anniversary o the Commencement Date throughout the Initial Term and any Renewal Term(s);'the monthly Rent will increase by three percent (3%) over the Rent paid during the previous year. (c) For each subtenant located an the Premises, Tenant shall pay to Landlord as additional rent thirty percent (30%) of the gross monthly rent received by Tenant from each subtenant collocating on the Premises, and any such rent increase shall be effective as of the commencement date of the additional carrier's sublease with Tenant, which date Tenant shall notify Landlord of in writing. If Tenant's sublease with any additional carrier terminates for any reason, the additional rent that Tenant pays Landlord pursuant to this provision shall be reduced accordingly effective as of the termination date- of the sublease, which date Tenant shall notify landlord of in writing. NaCwithstanding anything to the contrary in this paragraph, the Rent that Tenant pays Landlord shall not increase in the event that (i) Landlord enters into a separate ground lease with another carrier, and {ii) Tenant enters into a tower lease with such carrier. . Site Nmnher. 6WP1174 ~ 5ite ].ease - versioa 9,21,p7 Site Name: Barwick Park Market: M"ami 5. Permitted Use. The Premises may be used by Tenant far the transmission and reception of radio communication signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, including, without limitation, tower and base, antennas, microwave dishes, equipment shelters and/or cabinets and related activities, as approved by Landlord. 5. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord or lessees or licensees of Landlord with rights in the Property prior in time to Tenant's {subject to Tenant's rights under this Lease, including, without Iimitation, non-interference). Similarly, Landlord shall not use, nor shall Landlord permit its lessees, licensees, employees, invitees or agents.#o use,. any portion of the Property in any way which reasonably interferes with the operations of Tenant: Tenant asserts that it is aware of the Landlord's use of the Property and agrees that the current use does not interfere with Tenant's intended use. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. [n the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at laW or in equity, to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. Tenattt is aware that Landlord is in the process of changing its public safety network and agrees that it will not interfere with, or that it will make whatever changes are necessary so as not to interfere with the Landlord's reconfigured public safety. network. Tenant agrees that if Landlord notifies it that Tenant is causing interference, Tenant shall immediately cease such interference. 7. I~e_ments; Utilities; Access. (a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities necessary to operate its communications system, including, without- limitation, radio transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines and a location based system, as such location based system may be required by any county,. state ar federal agency/department, including, without limitation, additional antenna{s), coaxial cable, base units and other associated equipment (collectively, the "Antenna Facilities'. Subject to the provisions of Section 7{g), below, Tenant shall have the right. to alter, replace, expand, enhance and upgrade the Antenna Facilities at any time during the term of this Lease. Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. Landlord acknowledges that it shall neither interfere with any aspects of construction nor attempt to direct construction personnel as to the location of or method of installation of the. Antenna Facilities and the Easements (as defined below). The Antenna Facilities shall remain the exclusive property of Tenant and shall not be considered factures. Tenant shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this Lease. (b} Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities, including, without limitation, the construction of a fence, subject to the codes, ardmanccs, rules or regulations of the Landlord. (c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and repair during the teen of this Lease, normal wear and tear and casualty excepted. Upon termination or expiration of this Lease, the Premises shall be returned to Landlord in goad, usable condition, normal wear and tear and casualty excepted, within thirty (30) days. of the termination or expiration. (d) Tenant shall have the right to instal] utilities, subject to approval by the Landlord, at Tenant's expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable efforts in assisting Tenant to acquire necessary utility service. Tenant shall, wherever practicable, install separate meters for utilities used on the Property by Tenant. In the event separate meters are not installed, Tenant shall pay the periodic charges for ail utilities attributable to Tenant's use, at the rate charged by the servicing utility. Landlord shall diligently correct any variation, interruption or failure of utility service. (e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant easements on, under and across the Property far ingress, egress, utilities and access (including access for rho purposes described in 'Section l} to the Premises adequate to install and maintain utilities, including,. but not limited ta, the installation of power and telephone service cable, and to service the Premises and the Antenna Facilities at all times during the ]nitial Term of this Lease and any Renewal Term {collectively, the "Easements'"). The Easements provided hereunder shall have the same term as this Lease. (f) Tenant shall have 24-hours-a-day, 7-days-a-week access to -the Premises at all times during the Initial Term of this Lease and any Renewal Term, at no charge to Tenant. (g) Landlord's prior written approval shall be required with respect to Tenant's site plan for the Premises and Easements (including the location of utilities) and the design and construction drawings for the Antenna Facilities, and such approval will not be unreasonably withheld, conditioned or delayed. After the initial construction and installation of the Antenna Facilities on the Premises, Tenant may add to, improve, alter or otherwise modify the Antenna Facilities without Landlord's consent sa long as such actions do not increase the dimensions, or extend beyond the boundaries, of the Premises. The antenna support structure to be installed by Tenant will be a ninety-foot. (90') flagpole, and Tenant's antennas will be installed within the flagpole. Tenant will be required to install or display a Flag on the flagpole and the size of the flag. must be in proportion to the size of the flagpole. In connection therewith, and at its sole -cost and expense, Tenant sha11(i) purchase, install, repair and replace the flag to be flown on the tower and all related parts and equipment necessary to fly the flag, including the lighting system that will illuminate the flag, and (d) be responsible for maintaining and replacing any tower-mounted parts and equipment relating to the flag. At its sole cost and expense, Tenant will raise and lower the flag in accordance with U.S. flag protocol. Both parties agree that no equipment shall be allowed to iriterfere with the flying of the flag on the tower. (h} At its sole cost and expense, Tenant will initially install an the Antenna Facilities the. equipment of Landlord described and depicted in Silo Numbers 6wP 1 l 74 2 Site Lease - version 9.21.07 Site Name: 13&r~k Park Markets Miami attached Exhibit D (the "Landlord's Equipment"). Construction drawings for the Landlord's Equipment must be approved by Tenant in writing before the Landlord's Equipment is installed an the tower and in the Premises, and Landlord and its contractors (all of whom must be pre-approved by Tenant) must obtain Tenant's prior consent before doing any installation, repair, maintenance or other work on the rawer. After the initial installation of Landlord's Equipment, Landlord shall be solely responsible far all costs and expenses relating to the. operation, repair, maintenance and replacement of Landlord's Equipment, including, without limitation, utility service charges. Landlord's contractors who perform work on the tower must obtain and maintain the same types and amounts of insurance coverage that Tenant's contractors are required to maintain, and Tenant shall be named as an additional insured on all liability policies and be provided certificates of such insurance. Landlord will not be required to pay Tenant rent with respect to Landlord's Equipment. The placing of Landlord's Equipment on the tower does not relieve Tenant of any requirements regarding co-location 'as set forth in the City of Delray Beach's Cade of Ordinances or Land Development liegula#ions. 8. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: (a} upon thirty (30} days' written notice 6y Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within such thirty (30) day period; (b) immediately upon written notice by Tenant if Tenant notifies Landlord of:any unacceptable results of any Tests prior to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant does not obtain, maintain, or otherwise forfeits or cancels any license (including; without limitation, an FCC license),- permit or any Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or Tenant's business; (c) upon #hirty (30) days' written notice by Tenant if Tenant determines- that the Property or the Antenna Facilities are inappropriate or unnecessary for Tenant's operations for economic or technological reasons; (d) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as in Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage ar destruction, and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. if Tenant elects to continue this Lease, #hen all itent shall abate until the Premises andlar the Antenna Facilities are restored to the condition existing imtnediateiy prior to such damage or destruction, however, in no event shall such abatement exceed 30 days; or (e) at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to .such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. 9. Default and Ri1~ht to Cure. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity, each party shall have-the right, but not the obligation, to terminate this Lease on written notice pursuant to Section 12 hereof to take effect immediately, if the other party fails to perform any covenant or commits a material breach of this Lease and fails to diligently pursue a cure thereof to its completion after thirty (30] days' written notice specifying such failure of performance or default. 10. Taxes. Tenant shall pay any personal property tax, real properly tax or any other tax or fee which is directly attributable to the presence or installation of Tenant's Antenna Facilities, only for so long as this Lease remains in effect. ]f Landlord. receives notice of any personal property or real property Ea1c assessment against Landlord, which may affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to 7'enank sufficient to allow Tenant to consent to ar challenge such assessment, whether in a Court, administrative proceeding, or other venue, on behalf of Landlord and/or Tenant. Further, Landlord shall provide to Tenant any and all documentarian associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section 10. Fn the event real property taxes are assessed against Landlord or Tenant for the Premises or the Property, Tenant shall have the right, but not the obligation, to terminate this Lease without further liability after thirty (30) -days' written notice to Landlord, provided Tenant pays any real property taxes assessed as provided herein. ] 1. Insurance and Subrogation and Indemnification. {a} Tenant will maintain Commercial General Liability Insurance in amounts of One Million and noi100 Dollars ($1,000,000.00) per occurrence and Two Million and no/100 Dollars ($2,000,000A0) aggregate. Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain. (b) Landlord and Tenant hereby mutually release each other {and their successors or assigns). from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. in the event of such insured loss, neithefparty's insurance company shall have a subragated claim against the other. (c) Tenant agrees to indemnify, defend and hold harmless Landlord from and against any and all claims, damages, casts and expenses, including reasonable attorney fees, that are made against Landlord as a result of this Lease or to the extent caused by or arising out of any acts or omissions or willful misconduct in the operations or activities on the Property by Tenant or the employees, agents; contractors, licensees, tenants and/or subtenants of Tenant, or a breach of any obligation of the Tenant under this Lease; provided, however, that in na event will the indemnities provided by Tenant hereunder extend or apply to claims, damages, causes of action, liabilities, costs or expenses caused by or resulting from the negligence or willful misconduct of Landlord, its employees, agents or contractors. Tenant's obligations under this section are contingent upon its Sits 1~'umbee 6VJP 1174 3 Site Lease -version 9.21.07 Site Name: lianvick Park. Market receiving prompt written notice of any event giving rise to an obligation to indemnify Landlord and Landlord granting it the right to control the defense and settlement of the same. (d) Notwithstanding. anything to the contrary in this Lease, the parties hereby confirm that the provisions of this. Section 11 shall survive the expiration or termination of this Lease. (e) Tenant shall not be responsible to Landlord, or any third-party, for any claims, casts or damages (including, fines and penalties) attributable to any pre-existing violations of applicable codes, statutes or other regulations governing the Property. 12. Notices. All notices, requests, demands and other communications shall be in writing and are effective three {3) days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next_business=day delivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. If to Tenant, to: If to Landlord. to: T=Mobile USA, Inc. City of Delray Beach 12920 SE 3$'h Street 100 NW 1st Ave. Bellevue, WA 9$066 Delray Beach, FL 33444 Attn: PCS Lease Administrator And with a coov to: With a copy to: Attn: Legal Dept. And witkt a coov to: T Mobile South LLC end Rent payments to: 3407 W. Dr. Martin Luther King Jr. Blvd. City of Delray Beach Tampa, FL 33607 140 NW lst.Ave. Attn: Lease Administration Manager Delray Beach, FL 33444 With a copy tu: Attn: Legal Dept. 13. S2uiet lnjoyment, Title and Authority. As of the Effective Date and at all times during the Ir-itial Term and any Renewal Terms of this Lease, Landlord covenants and warrants to Tenant that (i) Landlord has full right, power and authority to execute and perform this Lease; (ii} Landlord has good and unencumbered fee title to the Property free and clear of any Bens or mortgages, except those heretofore disclosed in writing to Tenant and which will not interfere with Tenant's rights to or use of the Premises; (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Landlord; and (iv) Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is no# in default beyond any applicable grace or cure period. 14. Environmental Laws. Landtord represents that it has no .knowledge of any substance, chemical or waste (collectively,. "Hazardous Substance"} on the Property that is identified as hazardous, toxin or dangerous in any applicable federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Tenant agrees to defend, indemnify and hold harmless Landlord from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability, including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that Landlord may suffer or incur due to the existence ofany Hazardous Substances on the Property or the. migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment, that relate to or arise from Tenant's activities on the Property. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions. or any cleanup, remedial,. removal or restoration work required by any governmental authority. This Section 14 shall. survive the termination or expiration of this Lease. 15. Assignment and Subleasing. Tenant shall have the right to assign or otherwise transfer this Lease and the Easements (as defined above) granted herein wish Landlord's written consent, which will nok be unn.asonably withheld, conditioned or delayed; provided,. however, that Tenant may assign or transfer the Lease and Easements without Landlord's consent to any parent, affiliate or subsidiary of Tenant, any party that merges or consolidates with Tenant or its parent, ar any party that purchases or athervwise acquires all or substantially all of Tenant's ownership interest or assets. Upon such assignment, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Tenant may sublease the Premises, upon written notice to Landlord. Landlord shall haue the right to assign or otherwise transfer this Lease and the Easements granted herein, upon written notice to Tenant except for the following; any assignment or transfer of this Lease which is separate and distinct from a transfer of Landlord's enfire right, title and interest in the Property, shall require the prior written consent of Tenant which maybe withheld in Tenant's sole discretion. Upon Tenant's receipt of {i} an executed deed or assignment and {ii) an lRS Farm W-9 from assignee, and subject to Tenant's consent, if required, Landlord shall be relieved of all liabilities and obligations hereunder and Tenant shall Iook solely to the assignee for perforniance under this Lease and ail obligations hereunder. Site Nwiiber. bWP1174 4 sate tease - version 9.21.09 Site Name: i{arwick Park Market: ]V~ianii. Additionally, notwithstanding anything to the contrary above, Landlord ar Tenant may, upon notice to the other, grant a security interest in this Lease (and as regards the Tenant, in the Antenna Facilities), and may collaterally assign this Lease (and as regards the Tenant, in the Antenna Facilities) to any mortgagees or holders of security interests, including-their successors ar assigns (collectively "Secured Parties'. In such event, Landlord or Tenant, as the case maybe, shat l execute such consent to leasehnId financing as may reasonably be required by Secured Parties. l G. Successors and Assisr]s. 'Chic Lease and the Easements granted herein shall-run with the land, and shall be binding upon and inure to 'the benefit of the parties, their respective successors, personal representatives and assigns, 17. Waiver of Landlord's Lien. Landlord hereby waives any and all Iien rights it may have, statutory or otherwise, canceming the Antenna Facilities or any portion thereof, which shall be deemed personal property for the purposes of this Lease, whether or oat the same is deemed real or persona! property under applicable laws, and Landlord gives Tenant-and Secured Parties the right to remove all or any portion of the same from time to time, whether before or after a defaul# under this Lease, in Tenant's and/or Secured Party's sole discretion and without Landlord's consent. 18. Miscellaneous. (a) intentionally Omitted. (b) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements with respect to the subject matter and property covered by this Lease. Any amendments to this Lease must be in writing and executed by both parties. {c) Landlord agrees to reasonably cooperate with Tenank in executing any documents necessary to protect Tenant's rights in or use of the Premises. A Memorandum of Lease in Substantially-the form attached hereto as Exhibit E may be recorded in place of this.Lease by Tenant. {d) Intentionally Omitted. {e} Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such documents as the title company may reasonably require in canneeiion therewith. {f) This Lease shall be construed in accordance with the laws of the state in which the Property is located, without regard to the conflicts of law principles of such state and venue shall be in Palm Beach County. (g) If any term of this Lease is found to be void or invalid, the remaining terms of this Lease shall conrinue in full force and effect. Any questions of particular interpretation shall not be interpreted against the drafter, but rather in accordance with the fair meaning thereof. No provision of this Lease will bedeemed-waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating. to such provision. (h) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacities as indicated. (i) This Lease may be executed in any number of counterparts, each of which shall be deemed an original, but al] of which together shall constitute a single inshvment. (j) All Exhibits referred to herein and any Addenda are incorporated herein for ali purposes. The parties understand and acknowledge that Exhibits A, 8 and C may be attached to this Lease' and the Memorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits A, B and/or C, as the case maybe, maybe replaced by Tenant with such final, more complete exhibits}. (k) If either party is represented by any broker orany other leasing agent,. such party. is responsible for all commission fee ar other payment to such agen#, and agrees to indemnify and hold the other party harmless from all claims by such broker or anyone claiming through such broker. The effective date of this Lease is the date of execution by the last party to sign (the "Effective Date"). (Signatures on next page.) Site 1Wauber: 6WP I 1 T4 a Bile Lease -version 9.S 1.07 Site tv'ame: Barwick Park Market k' LANDLORD: City of Delray Beach 8y: Printed Name: Title: Date: Witnesses: Name: TE1~fANT: By: Printed Name: Title: Date: Witnesses: Name: T Mobile Sauth Li.C Harlan Kiekhoefer Director, Engineering & Operations ATTEST: City CIerk Name: Name: Site Number. 6WPl 174 5 SSte IRBSe -version 9:2 E .a7 Si6eName: kc -Park Market 1Ni EXHIBIT A Legal Description The Property is legally described as follows: PARt=F1T PAFti~L (OFFlCIAL. RECORp Bi~IC 03569 PAGE 0021y A PORTION CF SECTION 12, Tf~WNSHIP +!$ SOUTH, RANGE #x EASY,. MORE PART1CUl~IRLY DESCRIBED AS FOLl„OWSt COMMENCING AY 'T'HE BITER QF SAIb SECTION i2. T'aWNSM1P 46 SgJ'TN" RANGE 42 EAST, PALMN 9EACdi COUNTY. FL,OIZIOA; ZIiENC€ RUM S 00'55'1 B" E 605,91 FAT Al,ONC THE WIrST UNE OF THE SOUTHEAST QUARTER fi~SE /~F) OF SA1D SECT1tiN 12, TO A #~NT 1HENC:E RUN N $9'Oa4'44" € #O.DO FEET TD THE QOINT OF BEGINNING; THENCE RUNS 79'49'09" E 189 81 FEET' TO A POINT; THENCE RUN N 89~?4'44' E 294.78 s='EET T'0 A POINT; THENCE RUNS 3900'15" E 179.35 1~1" SO A POINT; THENCE RUN S 55'15'S8" E 214.fl3 Fit 'TO A POINT; THENCE RUNS 0Q101S'41" E 387.33 f"hl:T TO A POINT OF INTI=RSECTION WITH TWE NORM! RIGHT~OF--WAY lJNE l>~' THE a~00 fiEE'I' 1MgE RIGHT-flF-WAY F~ l.A4CE iDA ROR[3; TI'11wNC€ RUNS 89'S3'19" W 591.35" FEET' ALONG SAID RIGHT-OF'-WAY LINE TO A POINT: 'I~it:NCE RUN N DQ~OB'41" W 125.05 FEET TO THE POIN1` 0~' INTERSECTION WITH A CURVE CONCAVE TO THE NORTHEAST, HAVINQ A RADIUS OF 75.01 FEET A C€NTERAL, ANGLE OF 7S'4S"~4", ANp Jk CH~'f 6EARINC OF N JS'48'~t" YVF THENCE RUN 99.19 FEET ALflNa THE ARC OF SAIQ CURVE TO A POINT OF TANG€NCY; T#iENCE RUN I~ OO'6''i'18" W 14.6D FEET TO A POINT; THIrNCE RUNS 89'0#'44" W 110.00 FEET TO A s~t~iT; TFtl~+ICE RUN N QD'S5'i6" W 489.29 FEET -ALONG A LINE #0.00 FEET EAST OF AND PARALLEL. WITH ~E WEST uNE OF SAID SOUTHEAST ONE-LIUARTER ~SE~i/4) TO THE POINT OF BEGINNING. 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I 7 M H C ~ -~ Q ~ I n _ k ra (~ ~ /TIl O ~ ~~ ~ s ~~ o.~ ~ ~ !~ ~._~_~.___`L / ~~ __I a~ ~..L.R, ~..~..we au orr mrwYO v U ~ u ass w ~ u mia x. su m ur lawn Lu m am ~N aaix ^ u 'u xa ~u u aw au r on ^ / 1+~~ wY~ '~'~ ~ -i a $~ . ~ ~ ~Y~ F~ ~~ ~ ~ t ~ g~ 5 e y ^ ~ a Q ~ ~ ~~~ o ~ . `°~ ~T .~R ~ 33 s ~~ ~ ~~ ~ ~ ; c~ ~ 3 ~ ~aw W ~ ' ° 5 ~ ~~ ~ ~~ Z ~~ ~~ ffi € ~ ~~ 0 ~ ~~ z~ a ~~ ° 0 ~g ~~ C ~~ ~ e~ ~ ~ ~ ~ o O ~ a ffi ~~ ~~ ~ ~ ~ ~ ~ r 00 000 0 O 0040000.0 1 !~ :~ ~ Q N V l `1 F..~ \~ ~~ ~~ 4 ~~~ ~, p ~~m am .~ ~. as ®m °° ~ ~:m ~ 1 _ m a o ~ F a ~ ~~ ~~~ ~~ C ~ pQ ~~ Z 0 ~~ 2 EXHIBIT ~ Legal Descriptions The Premises and >iasea7eats are legally described as fullo~rs: PROPE.~ZTY DESCR~P~lO~ES PARENT PAROEi. (OFFldAL RECORD 8003( 03399, PAS,E 0021) A PORTION OF SECTION 72, TOWNSHIP 46 SOUTH, RANGE 42 EAST. MORE PARTICULARLY DESCRIBED AS fOL1.OM15: COMMENOAVO AT 1HE CFNTEI't QF SND SECTION 12, TOYYNSHIP 40 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLdtIOA; THQICE RLMI S 00"S5'18" E 81.91 FEET ALONG THE MASi LINE OF T[~ SOUTHEAST OVARTi2i (SE 1/4) OF SA1D SEC7IOII 12, it) A P09Li; THENCE RLIN N 89~i'44" E 40.00 FEET TO 1HE POINT OF BEG9IIANC; THENCE RL9!1 S 79'48 C8" E 189.91 FEET 1EI A PdNI: THENCE RUN N ~V4'44' $ 28D.78 FEET m A POINT; 71971CX RUM S 39100'15" E 1731:33 F1;ET TO A POAVT; THEIICE RUN 8 59'IB"J6" E 214.05 FEET TD A POINTI THENCE RUN 800106'41" E 387.53 F>:£1' 1T) A 1WIIIT OF INiERSECTION Wg1H THE NdTTH AIGNT-OF-IVIiY LIME DF THE 80.00 FEET WIDE RIGHT-OF-IYAY FOR LA%£ IOA ROJIO; iNENCE RUN 888^53'19" Mf 981.35' FEET ALONG SAID RiOFIT-OF-pMY iD~ lY1 A PgNT; T1iENdE RUN N OOT78'41" W 128.08 .FTEET TO THE P081T OF INIERSECiRN1 WITH A CURVE Cp1CA~ TO THE NORTHEAST, HA11N0 A RADIUS OF 75,00 FEEr, A d31TERAL ANGLE OF 7918'24". ANO A CHORD BEARING OF N 38.48"22"' M, 7HOIOE RUN 99.19 FEET ALONG THE ARO OF SAM7 CLAtME TO A PdNT OF' 7ANCENCYf 7NElLCE RUN N 00'95'16" W 14:60 FEET 771 A PdNT; THIDIGE RUN S ~T0444" w 110.00 FEET TD A POO1T; THENC! RUN N ODT33'16" W 489.29 FEET AL.ONO A IkIE 40.00 PEST EAST OF AND PARALl EE. 1k1N TFIE YYEST LINE CF SALO SDUTriEABr Old-rgUARTBiE ;5E 1/4) TO 1HE PdNT OF BEdNNINO. CONTAINS 8.68 ACRES. IAd1E OR LESS. PARCE7: (PREPARED BY Tlt~ OFFICE) THAT PART d' THE 'dTY d' DELRAY BEACH' PARCEL AS Pelt DESCRIPTIDII RECORDED 9V OFF1dAL. RECORD BOOK '.1'368. PAGE 21 OF 1HE PUBLIC RECORDS OF PALM 11CACH COUNTY, FLOiBDA, Sl7UAlE0 IN 7NE SOUIILEART 1/4 OF SEOnON f$ 1011NSHIP 48 SOU3S~F. RAIK~ 411 EA5T, PALM HFJ10H NTY. FLORIIfA, BEING MORE PARTICULARLY 0 AS FOLLDwB; COMMENCE AT THE NORTIIWESi CORNER OF THE SOUTHEAST 1/4 d' SECTION 12, 7TIWNSHIP 46 9WiH, RANGE 42 EAST. PALM BEACH COUNTY, FLORIDA; 1HENCE S 00'8LS'I6" E ALONG THE WEST LD9i OF SAID SOUTHEASF 1/4 FOR 1029.87 FEET; T1~NCE N 89104'44" E FOR 278.12 FEET TD THE POINT OF 3~dNNINGi iHENCE N D0~'41" w FOR 2O:D0 FEETI THENCE N 84's3'11r' E FOR 40.Q0 FEET: iHENCE S 00108'41" E FOR 20.00 FEET, THENCE S 88'53'19" W Fdt 40.D0 FEET 1b SAID POINT OF BEGINNWG. I:ON7AOIMG 800 9gUARE FEET MORE 4R LESS. B FOOT 1YROE Ndl-EIOdtIgiVE UStL11Y EABEMEN7 {PREPARED 9Y THIS OpFICE} THAr PART d' THE CITY Of DELRAY BBILCH" PARCEL As PER DESCRIPTION RECORDED M OFFICIAL RECORD HOOK 5869, PACE 21 OF THE PUBLtC R3~iQ5 OF PALM BEACH CWN7Y, FLORIDA, B1IUATED AV THE 50UTHEABT 1/4 d' SECTION 12. TOwN54ip 46 SOUTH. RANGE 42 EAST, PAt]A BEACH COUNTY. FLORIDA, LYDIG 1M1HIN 2.a FEET OF 80TH SIDES OF A CENTERLINE BEING MORE PAR9d1LARLY DESORIBW AS FDLLON'9! COLOAENdC AT THE NORTHWEST DORMER OF THE SOUTHEAST 1/4 OF SECTION 12. TOYYN5Hq~ 46 SOUTH. RANGE 41 EAST. PALY SEAON COUNTY, FIARIDik TIIFlVOE S OD'88'1M' E ALONG iNE Wt:9r LBiE ~ SJUO SOUTHEAST 1/4 FOR 1029.57 FEET; THENCE N 89L414" E F'OR 226.12 FEET ld 1HE 60U1HWEST dOIIMER OF A 20 FDOT x 40 FDOT TOWER PARCEL: 1TIEIVCE N .00108'F1" W ALONG TTIE 1Wi'4.'F LBIE OF BAID TOLIFR PARCEL FOR 25 FEET TO THE PgNT OF BEatalwG OF THE GENTEDLtNE OF THE kER81N OESOR91F,0 5 FOOT MADE U1BJ1Y EASFIAENT; THENCE S IS9'S3'19" W FOR T4Q3S FEET; THENCE 5 18'21'89" W FOR 34.84 FEET; THENCE $ 89*83'19" W FOR 20.85 FEET TO AN 8VT8RSECTIDN 1M1N THE EAST l6f;FIT CIF IrAY L91E OF BARNICK ROAD (80 FOOT MADE RIGHT OF WAY) AND THE POiNT d' TERMINUS OF THE HERE81 DESi:A1BEB GET7TEALINE. CddTA9LING 979 SDUARE FFFr MORE OR LE53. 19 FOOT MADE NON-EIiCLUSl1~ WGRESS ANO EfrRESS EASEMENT (PREPARED 8Y TI9S OFFICE) THAT PART OF THE `d1Y OF DELRAY BEACH` PARCEL A8 PER DE;SGlIPTTOti RECORDED IN OFFICIAL RECORD BOOK 3889, PAGE 21 OF 711E Pt1811C R£ICON08 OF PALM BFwTI COUNTY, FT.QI~A, S{1VATED 91 THE SOUTHEAST 1//4 CF SECTION 12, TOI4NSNtp 49 SOU11!„ RANGE 42 EAST PALMi BEACH SAUNIY. FLDI6DJ4, LYING 1NTHIN 7.9 FEET d' B07H 510ES e3F A CEN7ERiJHE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM1i!]1l:E AT THE Ndi1HWEIBT COtTNER OF THE SOUTHEAST S/4 DF SECiLON 1$ 1OWN&MP 49 80UTH. RANGE 42 EAST, PALM BEACH COUNTY, FLORIMO THENCE S 00"55 i6" E ALONG 1NE WEST LINE GF SAID SOUTHEAST i/4 Fdt 19:57 FEET, 1HENC$ N 89YOt'44' E FOR 228:72 FEET TO IIIE SOUTHWEST CORNER OF A 20 FOOT x 40 FOOT TDYIE7t PARCH]]; T}R71CE N dOT19'41" W ALnIFG THE WEST UNE d' SAID TOWER PARCQ FOR 12.5 FEET 1O THE PdN7 OF BE099VIN6 OF 1FE CENTERLINE OF THE HEREIN OEBCRNEO 18 FOOT MADi; DL(IRESS ANp EGRESS EASEMENT; THENCE S 893'18" w P10R 1.86,54 PEST T1D AM INTEasECROrI WITH THE EAST RKR17 # WAY uHE Of E3ARWICHL ROAD (e0 FODr MADE RIGHT OF WAY) AHO THE POINT aF Ti:RMINV9 OF THE FiFAflN DESD CENTERliNE. CONFAiNINO 2,795 BLRIARE [~Ei 1AORE OR LESa>, Site Nwnber; bWP1174 4 Site Lease -version 921.07 Sitc Name: Iwi~TSVick Park Market: 1,Aiami EXHIBIT D Landlord's Equipment Site Number: 6WP l 174 ~ p .Site Lease -version 9.21.07 Site Name: Barwick Park. Market:M~a ne i ;~.:. . ,.: ... ~~ ~ 3°~ :. ...,., -- •q,~~il~ i~Oiutions Far IA-Ireless Ca-nmunications 5.8 GHz 19 dBi lSM1UNll Band Wireless LAN Fiat Patch Antenna Model: HG5819P Applications and Features Applications: • 5.86Hz UNII applications • 5.8GHz ISM applications • 5.8GHz Wireless LAN systems ~ WiFi Features: • 19 dBi • Light weight, compact size • All weather operation • Heavy-duty radome • DC Short lightning protection • Integral N-Female Connector • Can be installed for either vertical or horizontal polarization • Includes tilt and swivel mast mount • 12oHS Compliant Description This heavy duty compact flat panel VtiliFi antenna is ideal for 5.8GHz UNII & ISM Band applications. The antenna measures 7.45" (189mm.) square and combines 19 dBi gain with broad coverage, It is suitable far both indoor and outdoor applications, This antenna can be oriented for either vertical or horizontal polarization. This WiFi antenna features aheavy-duty UW-stable white fiberglass radome far all-weather operation, The HGSl3].9P antenna is supplied with 'a tilt and swivel mast mount kit: This allows Installation at various degrees bf incline for easy alignment. It can 6e installed for vertical or horizontal polarization, 5pecificatinns glectrical Spacificattons Frequsnry .5725-58.50 MHz Qain 19 dE3i Horizontal Beam Width 16° Vertical Beam Width 16° Pnlarizatlon Vertical or Harizorttal Fron# to Back Ratio >25 dB Impedance 50 Ohm Max. Input Power 200 Watts VSWR < 1.5:1 avg. Lightning Protection DC Short Connector Integral N-Female H~ a-mall: sales@hyperlinktech.com • tel: 5fi1-995-1256 • fax: 561-995-2432 •~~,~, web: www.hyperllnktech.tam • 1201 Clint Moore Road • Boca Raton FL 33487 ~~~ .~ri qi ~ ~ ~ •, ! • T ~~ i.. ,* Mechanical Spec.i~ications Weight 1.5 Ibs. (0.77 Kg} 17imenslnns 7,45 x 7.45 x 1.37 inches (189 x 184 x 35 mm) Radome Material UV-Stable Fibergiass GperaCing Temperature -,40° C to to SS° C (-40° 1= to 185° F) RoHS Compliant Yes Mounting 1.25 inch (32 mm} to 2.12 inch {54 mm} O.D. pipe max. Rated Wind Velocity 130mph (210km/h) RF Antenna Patterns 90° ~~ Guaran#eed Quality This product is backed by Hyperlink's Limited Warranty ~' +~; 9D` ~~ ' `~: ~; ,'~ ;; ~ ,~ ,, ~~~ . •~:~ i p` r + i 4.i • . f .tea . '.~,r~ /~ ~r •4Td' ~VI ~trV~~l H~ a-maiL• sales~hypeHinkteah.com • td: 561-99S-7.zS6 • fax; 562-99S-z43z ~~~, web: www.hyperilnldech.wni • 12Q1 Clint Moare Road • Baca Ratan FL 33487 .3 ~: ~:, lRnt~va[eVa.~aylUtit~tt:~ for Wireless Cot~re~unicatiarws 2.4 GHz 15 dBi Sectorized OmnidirectionalArmy Dual-Antenna Array lications and Features Applications: • 2,4 GHz ISM Band • IEEE 802.11b and 802,~.1g Wireless LAN • i'oant to Multi-point Systems • Wireless Broadband Systems Features: • Dual AnCenna Array • High performance 180° sectorial antennas • 350° coverage • 0-20° mechanical up/down tflt • Available in single fed or individual fed models • Single fed models feature 2-Way:signal splatter'and jumper cables. • RC ground lightning protection • Stainless steel construction far all-weather operation • Vertical polarization Models Single Fed Models (Z Inpu# into ~ Antennas) Frequency Gain Sputter Connectors Includes Part Number 2.4 GHz 15 dBi* N-Female (2} 180° Sector Antennas HK241S-1$ONF (X) 2-Way Signal Sputter w/N-Female Connectors (2) .2 ft. Wi3C400 Jumper Cables - N-Male to N-Male (i) Array Mounting System RP-TNC Jack (2} 180° Sector Antennas HK2415-18ORT --.. (1) 2-Way Signal Splatter w/Rp TNC Jack Connectors (2} 2 ft. WBC400 Jumper Cables - N-Male to RP-TNC Plug (1) Array Mounting. System Individual Fed Models [2 Tnputs into 2 Antennas) Frequency Galn Antenna Connectors Includes Part iMuinber 2.4 GHz 15 dBi* N-Female (2) 180° Sector Antennas HK24i5-180 """ (I) Array Mounting System gescription Superior Performance The HyperGain® 15 dBi* Sectorized .Omni Array features two of our high performance 2:4 GHz 180° sectorial antennas. Each of the two anCennas in this array can be adjusted individually (0~-20° up or down tilt) to carnpensate for Che geography of the installation location. This helps ensure maximum coverage of the array for service providers in Che 2,4GHZ I5M band. ~~ a-mail: sales~Ahyperlinlctecfi,com • tel: 561-995-2256 • fax: 551-945-2432 T ~ H1iG. web: www,hyperllnktech.com • 1202 G'int Moore Road • Boca Raton FL 33487 .~: ~~~~~ ,~ ,.e...~ ~ .~..: i ~::,~° , ~ ~EtiVe Saltltile~~8 FQrillrirelesa Cp[ori°itar~8Calions 5~i ,,,,.,,:,~~i:. Flexibility of Single or Individual Feeds Ideal far smaller applications, this sectorized amni array is available as a single fed system (1 input into 2 antennas). Since each antenna Is fed from a Z-Way signal splitter, only a single radio/amplifier is required. As the system grows additional capacity can be-added by simple adding more base 5Cation radios and bypassing the spliCter's array, thus feeding each antenna from a separate radio. Single fed models feature a industrial grade 2-Way signal splitter (with N-Female or RP-TNC lack connectors} and two 2 ft. (0.&m} WBC400 jumper cables. For highersystem capacities, the array can be purchased as a individual fed system {each antenna fed individually), The advantage of this type of system includes higher gain than the single fed systems and better isolation of each of the two antennas. Interference from adjoining antennas Is reduced thus improving performance. Heavy Duty Construction The sectorized Omni arrays are designed for all-weather operation. They feature heavy-duty 11V protected epoxy-fiberglass radomes and stainless steel mounting systems. The array can be mounted directly onto masts l~k" to 2" (31.7 to 50.$mm) in dia using the provided U-Bolts. The mounting bracket can also accept 3" {75.2 mm) U-Bolts (not included) for larger masts. Specifications Frequency 240D - 25i7Q Miiz Antenna Gain 15 dBi* Polarization Vertical Horizontal Beam Width (Individual antenna} 18Q° Vertical Beam Width {Individual antenna) 1i7° Lightning Protection DC Ground Power Rating (Single Fed) 25 Watts Antenna Radome Material UV protected epoxy-fiberglass Mounting System Material Stainless Steel Mounting irk" Co 2" {31.7 to 50.8 mm) dia, mast Dimensions **(O.D. Panels Fully Retracted) 41" {1.04 rn} x 22" {t7,55 m) D.D.** Weight 45 lbs. (20.4 kg) * Antenna gains specified when sectors are Individually fed. e-mail: sales@hyperlinkted~.com + tel: 5b1-995-2256 ^ fax; 561.995-Z43Z ~~~, web: www.hyperlinktech,cam • 1201 Clink Moon: Road • Boca Raton FL 33487 T~~ir~ l RF Antenna Gain Patterns 40' 150° i84` 210° dingle fete Array Guaranteed Quaiity This product is backed by Hyperlink's Limited Warranty, 34' 150° 0'164' - ~` 210" 80' tan°~*!*'~' 30' 6' e-rhaif: sales~hyperlinktech.com • tel: 561-4.45-2256 • fax: 551-995-2433 ~~~~, we6: www.hyperiinid:ecti.oom ^ 1201 Clint Moore Road • Boca fiatan FL 334f37 29Q° Indir~idu~al Fed Array I "- ill ~,,, i r i ~, ~~,._r'i. ~~~~~ ix~1 ,~~ ~k ~~IIrt1~l'~~1~~ ill i ~ ~~ ~~. ~ ooII~~ ,~ c ~ ~~~ r ~1GU11 ~ .ry ~ _._;k ; a .. Kati ,e,Qir~R .. ~~~ .:.: ~-1~t. High Capacity Mesh Access Poin#s Deliver Flexible, Scalable and Reliable Data. Voice and Video for Large Metropolitan and Enterprise Wi-Fi peployments Powered by the ORINOCO Mesh Creation Protocol, the dual-radio ORINOCO Wi-Fi Mesh Access Paints deliver data; voice and bideo over Wi-Fi tv the edge of a network over a flvtible, auto-forming, self-healing, near line of sight mesh backbone. The dual-radio architecture separates the mesh backbone traffic €ro. m the edge access traf€ie, inct:easing capacity- compared to single-cad'+o mesh architectures. The ORINOCO Wi-Fi Mesh Series consists of an indoor form factor'(AP-4(}OQ and AP-40001VI) and a ruggedized, outdc?or form factor (AP-4~OOMR and AP-0OOOMR-LR'). Seamless integration between ORINOCO indoor and outdoor mesh access points enable existing outdoor Wi-1=I mash networks to extend indoors. • ORINOCO Mesh Creation Protocol ZOMCP} enables mesh backhaul and INi-Fi coverage on one radio, while the second radio is used exclusively for Vdi-Fi coverage • Industry-leading throughput with 802. ~ 1 Wg and 842.17 a simultaneous operation • Rf3bust RARll15 accounting. and authorisation irrterfaoe enables defiled subscriber usage tradiing + WMM/802.112 draft Qualhy of Service (Qo5} support nn access and enhanced Qo5 on mesh backhaul 'for triple ptay applications • Wi-Fi eertif~ed tn. intemperate with any Wi-Fi certified client access product '~' Proactive Security Measures to Protect Yaur Network ORINOCO access. points support the latest security standards; including IEEE 802. ] 1 i and AE5 encryption, and add proactive security measures to prevent attacks. • Intro-cell blocking and traffic redirection to preventsubscriber to-subscriber attacks • Broadcast bandvridth throttling prevents broadcast attacks indoor !vlesli Access Point G4P~OZ7r1Arf or AP-af100} IEEE 802.1 x mutual authentication with dynamic per-user, per-session rotating keys • Rogue access point detection and notification • Secure management interfaces: SNMPv3, 55L dnd SSIi • Encrypted storage €vr security and management parameters.eliminates unauthorized access Self-Forming/Sel#-Healing Mesh Reduces Total Cost of Ownership {TCO) Outdoor Broadband Wireless Access Proxim Wireless offers the industry's Ease of deployment and integration with the wired network are critical factors ire a successful, most complete suite of outdoor profitable wireless network rollout. ORINOCO mesh access points excel wfth key capabilities that ' broadband wireless access products. +impl rfy metropolitan and enterprise deployments. This portfolio InCILd25: Seta farming and self-healing ORINOCO Mesh Creation Protocol automatically routes traffic through the best path as mesh access paintsare added or removed from the network • Tsunami'" MP.11- • Tools to speed installation and optimization: automatit channel selection; adjustable transmit Capabilities of fixed and mobile power external antenna connectors' WiMAX for U.S. and global markets • Ethernet redundancy sustains network connection: autamaticaiiy configures mesh portals ta. nresh access points when mesh portals lose Ethernet link eliminating .cost of installing a redundant switch • Tsunami`" MP.16 - Remote management via SNMP, HTTP and Tefnet WiMAX for the 3.5 GHz frequency band + Addifionai mesh link statistics improve mesh network monitoring • ORiNOCO• Wi-Fr Mesh - Low power consumption reduces operating expenses Outdoor and indoor Wi-Fi mesh for service providers-and municipalities Reliable ~y Design Proxim Wireless is a global pioneer in scatable 1Nith aver 25 years of experience in the design and manufacture of wireless LANs, Proxim Wireless broadband wireless networking. Frain Wi-fi.Io understands that service providers and enterprises require the same uptime and reliability in a wireless Gigabit Ethernet -our WLAN, mesh, wireless network as tit a wired network. ORINOCO mesh access points offer: paint to-muttipoint and point-to-point products • Robust features for metropolitan V~-Fi and errterpfise applicafions are availablethrough-our extensive global Automatic reconfiguration of security policy in the eventof power ions channel network. • Power-over Ethernet support • AC Pgvver option for outdoor light pole installations FI • '~Weiiattle for FCC anty. eeimrua 'External artt~na connecYOis not ava~able onmodets 8670M1152 and 86I9M-AIJ. ®®o Oirtdoar AAesir Arress Point (.4P-A000lv1R and RP-40DOfUfR-LA) ,,.'.. 1!~,, 1 , >< ,1 . ';~r~ APPiCI[AT14NS • Fixed Edge Access Provides near line of sight wi-Fi coverage by automatically routing traffic through the mesh backbone • Mobile Edge Access Enables Nli-Fi coverage. in automobiles, buses, and trains • Enterprise lowers infrastructure costs by not requiring Ethernet cabling to every access point ORrN0C0 Mesh Creatan Rotoml (OMCP) Tri,rrtodp 8t}2.11 b; .803-t 1 g and 802.71 a Support Field Upgradeabde IEEE 802. t 1 i and AE$ Encryption -_ Rogue AP and Clleni Detection Secure Management Interfaces Self-forminghelf-healing Boat-radio v~irelesa mesh badchaul for industryrieading throughput and availabilrTy Pre-eonfligured, simultaneotx 602.11b, 802.118, epZ.11a wpport Software upgradeeble io support new standards Highest authentication and encryption mathcxts inchxfing mutual autf~erttication, message integrity Bieck {MIC); per-packet keys initialization vector hashing and broadcast key rotation Detects end a~ ur>authonzed rogue Access Points _ . and dlc~nts in both the z.4 and 5 Gi3z bands SNfulpv3, S5l and 5SH protett against unauFhor¢ed AP changes via the maru~gemertt interface r _,..,. ._-.-.,...,_ -..-.- ..,._.,__. -_ .___ .......----- Muhiple VtAN Supporcwith Different Security Settirx3s Up to 1.6 separate VLA1V5 per radio each able to support multiple authenticatipn and encryption algoridzms simultanerxsly Multiple 85SIp Support T. Up to+~ Basic Service :act ident'rfiers (BSSIDs) per radio _ - - Autg Cpniiguration d+a DHCP Ensures new. AP; automaticafry rpceivc correct Canfguration and prevents ' security vulnerabilities vviih deliberate resets Assured Software Upgr~es Guarantees new AP image is valid before deleting ccxTent image Quality ofServite{Qo5} graft IEEE 802.11e support akxig with 8D2.ip and 802.1q improve performance of video and voice appli~tora Transmit Power Control Supports selectabletiarwrrit povuer levels Co adjustcorerage ceA s~ Automatic Channel Selection Sim~ifips installatipn by choosing best prsssible tunnel upon irt~tallation ..,.,. -., . _ --- RMIUS Su rt ppo ___- _ -_ ~ Fxtensfve RADUS Authentication and RADIUS AtcounU support Super Mode Deliers greaterthan 3t) Mbps throughput for ORINOCO and .Atheros-based diems while maintairting simultaneous compatibility with rwn-Athpms diems Advanced Fhhering Capebiiitips IEEE 802..1 d bridging v,dih static itiAA,C address ~Itering, network protocol fliteritxl, Proxy ARP, mr~iicast/broadcastsoortn threshold filtering, TCPIUpP port 8ltering, intra~cell traffk filtering ~ prevent exert-fo-client smoopir~ Near Line of Sight Capabx Litre of sight and near line of sight oonnet$u[yextendg deployment flewt>ixty in rural as well as high-dertivty urban areas pro~~im wireless ~`r1;, ~, ~~~ tt 1tg119RtF ~ -.. ~!' _ _ Jll~~ .:, 8670M-xX dRiNDCd AP-4000M Tri-misde, 8670-MR-XX dRiN(.)GO AP-4DOOMR 7riwnode, Mesh ACCess Point Outdoor Mesh Access Point 867D-XX ORINOCO AP~000 Tri-mode, Mesh Access Point OFDM; D555 _ dFpM; DSSS OFDM QFDM 2.412 to 2.472 GHz _ 2.412 to:2.472 GHz _ 5.15k1525GFtr;5.25m535GHZ5.47m5.T15c,Wz 5154a5.25GI~525tn5.35GHZ5A7ro5.725C,Ftr, S.72S 1a5.85 GHz 5.725 t4 5.85 GHz t,.a, S_S, 11 Mbps ~-~-~-- 1, 2, 5.5, 11 Mops 6, 9; 12, 18; 24, 36, 49; 54 Mbps 6, 9, 12, 16, 24, 36, 48, 54 Mbps 6, 9, 12, 18, 24, 36, 49; S4 Mbps 6, 9, 12,18, 24, 36, 48, 54 Mbps +2D dBm for 802,11 b, +18 d9m for 8fl2.113 +211 dBm far 8D2.11 b, +i8 dBrn for 802.11 g and 902.1 la and 802.11a 1 D/1 DOBase-T Ethernet (NJ-45} 10/10~a5e-T Ethernet (R)fi5) 1 integrated 902.11 b/g radio and 1 integrated 1 integrated B()2.11ia1~ radio and 1 integrated 802.11a radio 902:71a radio Integrated diversity a.4 and 5 GHr antennas with Two ex~rnal Type-N female connector;; one horizontal and vertical polarisation, and exbarnal connector far a 2:4 GHz antenna and one antenna connectors.902.11b/g and~2.11 a conneRnr far a S GHz antenna 11.375 x 9.29 x 2.75 in {28S.9a 235 x 69,9 rrim) 14.57 x 13.T x 8.19 in (374.1 x 34.8 x 208 mm) 7.1X4.75X1in(180.3x121xZ5mm) 1Q.Sx10.5x3.25in{267x267x83nut1) 2.05 Ibs (0.93 kg) T 11-1 Ibs (5.03 kg) 0,65 Ibs 10.29 kg} S.S lbs (2:49 kg) 0° to SS°L (Operating) -0.0° to 60°C (dperating) -20° to 95°C (Storage). -55° to.80°C (Storage) Max 95% felative humidity (non-condensing) Mme 100a/a relativri humidity non-condensing) WA 125 mph NIA IPb5 AC: 11D'240 VAC, 50l6D Hz {input); SV 3A;output} PoE: 1 11]240 VAC (input); 48 VDC 21 D4'o {output} IEEE802.3afActi~eEif~emet5upport~.d~se~ramN N!A Maximum 9 watts Maaumum 20 Wads Power. Ethernet LAN Activity, wireless 802.11 big PouvedEifternet LAAI link, VJirele~ Unk Activity, wireless BD2.l is Activity RS-232 Serial PorF; D99 Female ~~ RS-2325eiial Port mini-D1N _ DHCP, relnet, HTTP, TFTT? BpatP, pHCP, Telnet, HT1P, TFTP, BtaotP, SNMPY1N2W3.; SNMPv1N2rlv3; ORINOCO MIB, Etherlike MIB, ORiNOCd M~, Ethedike MIB, SD2.71 MIB, Bridge BD2-11 Nt16, Bridge MIB; ME8.11 MIB, IVt16.11 SNMPv3, SSH, fi1TP5 5NMW3, 55H, HTFPS OD,Olx1 hours; 1-year nn parts and tabor 100,800 hours; 132ar on par15 and labor • (t) AP-4DODIVI mesh access point or (1) AP-AOOOMR.dua#-radio mesh access point (1) AP-4000 mesh access point • (1) Power injeCYor and power cord • (1t' Power adapter • (1) Miril-DIN to DB9 serial Connector • (1) Cable taxer and Ceiling or Wall mounting PGt[e (1 ~ Cable termination kit • (1 }Installation CD-Rom wRh Software and (1) WaU/Pole Mounting bracket and hardware Documentation • (1') lttstallation [O-Rom with 5ottware and • (1) Quick Start Hyer Documentation ORiNOCCI AP-4WpMR, AP-44(~MR-Ut and ORtN~O AP~90pMR Ui 2.4/4.9 GHz mesh attess AP-49ppMR-LR to extend mesh networks outdoors, points for puhlic safety networks, Z.4 GHz Dkect 2.4 GHz antennas, 5 Gftcantennas, Praximtfision11" CanneGtAnticnnas(1D$6.OA2d-9C5& 10864A,24 Network Management System, Tsunami hhP11 for D[B), 5 GHa Ehrecl ConnetrAnfennas (i09CrOA54- backhaulbetween grout's of mesh radios, SeruPaek DC81, PnveimV'ision hletvrork Martagem~et System. (USICAN Onty} Tsunami MP.f 1 for batkhaul Le1v,!een groupsof mesh radio, ServPak (U51CAN Only) 'Available far FCC onYy: 'Frequency Band Suppprt varies with regiartal regulatory domain and country. Far detailed technical speclfkatiore, please 9o so httPJ/www,prnxkrtt.cortJpr~odutt~JwifEStish .02003 Proxim Wirele~ Corppratgn. All rights reserved, Proxim is a registered trademark and tfre Proxim logo and ORINOCO are trademtAs of Pitxrim Wireless Carppration, PJf other trademaris~ mentioned heieirf are properly of their rr?Sffediti~e ovmers. Sperificarkipnsare subject iacharge wi#rout itotite. os_azo7 o~aP4ooo_us 8670-MR-LR-US dRiNOCO AP•40t)OMR=tR TR-incite, High Pw,rer0uttloor Mesh Access Paint OFUM: 8555 dFDM .~ z:41 z to x.462 GHz 5.725. [n S.RS GHz i, 2, 5.5, 11 Mbps 6, 9„ 12, 18, 24, 36, 48, 54 Mbps --~-- 6, 9, 12, 18, 24, 36, 48, 54 Mbps +24 d9m for 802.11 b, +24 d8m far 8D2.11 g and 802.11a 1011'008ase-T Ethernet (R1-45) 1 integrated 802.11b1g radio and 1 integrated 802.11a radio TWO extemai Type-N Female conner:fors; one connector fora 2,4 GHz antersna and'one connector fora 5 GHz antenna 14.57 x 13.7 x 8. t9 in (370.1 x 34$ x206 mn1) tOSx10.5x3.25in(267x267x83mm) 1l.1 Ibs. IS-03 kg] 5.5 Ibs (2.49 kg) -35° to 6D°t (dP~~+9) -55° to 80°C (Storage) Max 100%relatiye^ hurrtidity (non-tnndensing) 125 mph _ IP65 PaE: 1101240 VAC f nput); 48 WCs 10% fnutputy 11f]/l4D VAC light pole peones tap fpad~ased sepa~eYry Maximum 20 wain PovverPEtlternet LAN link, Wirele55 Link RS-232 Serial Part RJ11 gHCP. Telnet fiT-fI', TF7t; BgoW, 5WV(W1/v2CM3; ORINOCO MIB, Ethedike MIB, 802.11 MIB, Bridge htIIB; MIB~U SNMPv3, SSH, HT1PS 100,OD0 hours; t-year on parts and labor {1)AP-4000MR-1R dual-rarfip nieSh access point • (1} Power irijecta and power ford • C1) Mini-IIIN to 8111 serial connector • (1)Lahleterminalionkit • (1 y VVaI11Pde Mounting bradCet and hardware • (1) Installation.CD-Rom with Software and Documentatirn ORtNC!CO AP~9llOMR-LR 2:4!4:9 GHz mesh actass points. far puhlk safety networks, 2.4 GHz t3irect Connect Antennas (1086-t1A24-OCS & 1086-0,A24- DC81. 5 GWz Direct Connect Antennas i19$6.OA52- DC$, 10$5-QA54-DC81, AC Pt)wer Kit (1D89-AC-KR TWl. Wide light Pn1e Mourning Kit (t090,Lr'-MNT WDI, ProximVsion Network Management System, Tsunami MP.11 far backtiaui between groups of mesh radios, SeNPatk (USlCAN On#y1 proJ~rm wireless Proxim Wireless Corporation vtrww,proxim.com EXHIBIT E Memorandum of Lease Site Nw~er•. 6WPI 174 1 ~ Site Lease - versino 9.21.07 Site Name: Barwick Park Market: M MEMORANDUM OF LEASE Assessor's Parcel Number: 12424G12(1bI1Qi75Q40 Between City of Delray Beach ("Landlord") and T-Mobile South LLC ("Tenant") A Site Lease with Option (the "Lease's by and between City of Delray Beach, a Florida municipal corporation ("Landlord") and T-Mobile South LLC, a Delaware limited .liability company ("Tenant's was made regarding a portion of the following. property: See Attached Exhibit "A" incorporated herein for all purposes 'c'ite Lease is for a term of Eve {5} years and will commence on the date ss set forth in the Lease (the "Commencement Date"}. Tenant shall have the right to extend this Lease for three {3) additional and successive."five-year terms. 1N WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date ofthe last party to sign. LANDLORD: City of Delray Beach By: Printed Name: Title: Date: Wifiesses: NOT FOR EXECUTION -FOR EXHIBIT ONLY Name: TENANT: T-Mobile South LLC By: NOT FOR EXECUTION -FOR EXHIBIT ONLY Frinted Name: Harlan Kickhocfer Title: Director, Engineering & Operations Date: Witnesses: Name: Name: 1 Site Number. GY1fi1 t 74 Site Lease - version 9.21.07 Site Name: Barwick Park Market: Miam1 [Notary block for Landlord] (Landlord Notary block for a Corporatdon, Partnership ,or Limited Liablliry Company] STATE OF ) ss. couNTY of ) This instrument was aclmowledged before me on of behalf of said Dated: a [name of entity], Notary Public Print Name My cvnurnission expires (Use this space for notary stamp~seal) (Landdord ]Votary block for an IndividuaYj STATE OF ) ss. COUNTY OF ) This instrument was acknowledged before me on Dated: by Notary Public Print Name My commission expires (Use this space for notary stamp/seal) by [title] [type of entity], on Site Nwnber. 64VP1174 2 Site Lease -version 9.21.07 Site Name: Barwick Park Market: Nola block or Te-tant STATE OF ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that Harlan Kickhoefer is the person who appeared before me; and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Director, Engineering & Operations of T-Mobile South LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Use this space for notary stance/seal) Notary Public Print Name My commission expires Site A'wmber. 6WPI t 74 3 Site Lease -version 9.2]..07 Sitc Hama: Barwick Park Market: iN' r~ Memorandum of I:ease Ezhibit A I:egal Description The Premises are legally described as follows: PARENT PA~tCEI. ~ol~laAl. RECOr~u eot~c ~~~, PAS ooze A PORTION OF SECTi01V 12, TxlWNSFIIP X18 SpU'I'H, RANGE #2 EAST. MQRE PAEiT1CULARLY OI=SCR[HED AS FOLLOYlB: COMMENCING AT THE CENT>=R OF SAID SECfiON 12, TOWNSi~IIP #6 SO(JTI'I~ RANG€ 42 EAST. PALM BEACH COUNTY, FLORIDA; THENf3: Rt1N 5 i~0'S5'16" E B05 91 Ff€T ALONG THE WEST WNE pF THE 5Q1,1THEAST QUARTER LSE 1 /4) OF SA10 SECfiOM 12. TO A POINT; THENCE RUN N 89"x14'44" E 40.E FE€T TC~ 1HE POINT OF BEGINNING; 7WENCE RUN 8 79'49'Q9" € 189.81 FEET TO A POINT; THENCE RUN N 89'~Q4'44' E 29G.78 €T~T T~0 A POINT; THENCE RUNS 39'nl1'15" E 179,35 FEET 'FO A Pi?INT; THENCE RUN 5 55'18"'S8" E 214.O,T FEET TAD A POINT; THENCE RUN S 00'08'41" € 3I'3?.53 FAT 70 A pQ(NT 4F INT>=RSECTION WITH THE NORTH RIGHT~QF-WAY UNE' ~' THE Bp.OG FEAT WIDE RIGHT-OF-WAY FOR t.,AKE iDA RQAfl; THEFIC~ RUN S $9'S3't9" W 591.38 FEET ALONG SAID RIGHT-OF-WAY LINE TO A POINT; 3NENCE RUN N 00106'41" W 125.05 FEET TO THt~ POINT OF INTERSECTION 1MTH A CURVE CONCAVE TO THE NOrRTIiEAST. HAVING A RAdIUS OF ?'3.CQ FEET A C~1IERAL ANGLE QF 75'#8'24"~ ANp h CHORD BEARING OF N 38'#8'22" W; THENCE RUN 99.15 FEET ALONG THE ARC OF SAID CURYE TO A POINT OF TANti€NCY; THENCE RUN N 00"55'1$" W 14.60 FEET TO A PAINT; THIrNCE RUNS 89'04`44" W 110.0Q FEET Tn A POINT; fiHIwFICE RUN N 00"53'1G" W 469.29 FEET ALONG A LINE 40.00 FAT EAST Of AND RARALIEI. WITH TH€ WEST LINE OF SAID 50UTI~EAST ONE-QUARTER ~~;/#j TO SHE PgIN7 OF 6EGlNNING. CO(VTAiNS 9..68 ACRES MORE {N~t T'O1kER flARCq. (PREPARED 8Y TFt(5 E?FFICE) '(HAT PART OF THE "qTY OF D>rLRAY BEACH' PARCEL A5 PER OESCR[PTION RECORDEb IN OFFICIAL RECORD BOOK 3569. PAQE 21 OF TH€ PIIgLIC RECflRbS Ot: PALM BEACH C{~tJNTY. FLORIDA. SITUATED IN THIw SOUTHEAST 3/4 {~' SECTION 12. TOWNSHIP +t'6 SCLi7>'f, RAN{'€ 42 EAST" PALM BEACH CGUNTY. F10RlQA, BEING lriaRE PARTICULARLY OESCRI9ED A5 FOLLOWS: COMMENCE AT TH€ NORtHWEST CORNER OF THE 50UTHlIkST 'I/# OF SECfiON '(~ 1~WNSI•IIP 46 SOUTH, RANGE 42 EAST, PAlf~i PEACH CaUNTY~ FLORIDA; THENCE 5 00'5.5'1 R3" E ALONG THE WEST UNE OF SAID SOUTHEAST t~4 FOR 102'8.57 F€ET; THENCE N 8910`#4" E F'OR 226.14 FEET TD THE PO1NT OF BEGINNING; THF~tCE N Q0~06'#1" W FOR 20:OD FEET; THENCE N 89'53'19" E FOR #t?.DO FEET; T>'fENCE S OO"06'#1" E >"OR 40.00 FEET; THENCE S 89'S3't9" W FQR +40.OD FE€T T1, SAID POINT OF BEGINNING. CONTAINING 840 SQIJARl: FEET I41ORE OR Lr:SS, Site N~aziber. 6WP1174 ~ site Lease -version 9.zt.07 Site Name: MarkeL• Miami 6 FOOT WIDE NON-EXCLUSIVE tiTILITY I:ASEI~SEIVT (PREPARED BY THIS OFFICE} TFIAt PART OF' THE; "CITY OF' dELRAY E3I"ACN" PARCEi. AS PER E?ESC~IPTIflN RECOi~ED IN OFFECEAI,. REC~ORO BOOK 5669, PA(~ Xi Af' THE PUETLIC REf~ORQS OF PALM BEACH Cflt3NTY, FLORIDA, SITUATED IN THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 4B SOUTH. RANGE 42 EAST, PAtM BEACH COUNTY. Fl.flRIC?A, LYENG WITHIN 2.5 FEET OF 80TH SIDES OF A CENTIERI.FhI£ 9EiNG MORE PARTICULAEiLY ps;SCR18ED AS FflLLQWS: CQMARENCE AT THE NORTIiWEST COFtNEx2 OF TNE: SOUTHEAST !/~ OF SECTION 12, TOWNSHIP 48 Sa,ITH, RANGE 42 EAST', PALM QEIICH CaJNTY, FLORIDA: THENCE S pt3'65'i 6" E ALaQG THE WEST LINE flF SAID SQUTI~lI:AST i f ~ FOR 102fl~57 FEET: THENC!! N 8904'44" E FQR S~6,i ~ FEET TO THE SOUTHWEST CORNER OF A 2O POQT x 4D FQQT TpY1I:R PARCEL; THENCE N OQ'Q8'41" Ilfi ALONG TI"IE WEST' LINE: OE:' SluO TQWE:IZ PARCEL FaZ 2.5 FEET TO THE PAINT ~ BEt~NNINC OF THE CE"NTERLIIV>+ OE' THE HEREIN QIMfiCRIBED 5 E`Gt?T WIpE UTILITY EASID-[I:I-IT; THENCE S 88'55'19" 1N F'4R 14Q.3S FFET; THENCE S 451'88" Ylt FOR 34.84 FEET; THENCE S B9'83'i9"' W FOR ~I?.65 FEET T4 AN IN7ERSECTIaV WJTIi THE: EAST RIGHT OF VIfAY LlNEw flF' BARWICK ROAO {80 FOC1T WIDE: RIGHT flF WAY) AfVD THE: POINT OF TERMINUS GF' 'T'HE: HEREIN DESCRiBl=D CENTERLINE. CONTAINING 979 SQUARE FEAT MORE OR LESS. i5 FOI?T YVEE7E NQN-I»XCLUSIYE INGRESS ANO EGRESS F.ASEI4tEhIT (PREF~ARED 13Y THIS OFT•'ICE} THAT PART OF THE: "CITY OF DEFRAY E;EEACH" PAI'tCEI, AS PER pESCR[pTtfl[+I RECI,RDED IN OFflCIAL RECORD BOai 3569, PAGE 21 OI: THE PUlTLIC Fi1*CGRdS QF PALM IACFI COUNTY. Fi.flITEOA, SITUATED IN THE SOUTHEAST 1/4 OF' SECTION 12, TOWNSHIP 46 SOUTH, RAIYE;E 4~ E:ASY, PALM BEACH CDUNTI, FLORIDA. I,YENG WITHIN 7.~a FEET ~ 80TH IDES OF A CI~+1TERl~I+fE E3EING ADORE PARTICULARLY DESCRII3E0 AS F014.QW5; COMMENCE AT THE NCIRTHWEST CORNER OF THE SaUTHEAST 1/4 OF SECT10h1 1~, T~DW'NSHIP 46 50UTH. RANGE 42 EAST. PALE~I BEACH COUNTY, FLORIDA; THENCE S Oa'S5'iIS" E ALONQ THE WEST LINT: OF SA10 SOUTHEAST 1/4 Fat SG29.57 FEET; THE'PIt:E N @8'O4'44" E Fat 2~6.i2 FEET T'O THE SOUTHWEST CORNER OF A 2D FOOT x 4d FAT TOWER PARCEL; THENCE N 04ro6'41" W ALONG THE WEST LJNE OF SAID TOWER PARCEL FOR t2.3 FEET TO THE POINT DF BEGINNIhlG 4TF Ti1E CENTERLINE OF THE H~IN DESCRIBED 15 FOOT WIDE ENC3RE'S5 ANO EGRE55 E:ASEMF.NT; THE`I,1CIr S Bg'S5'i8" W I.OR 186.34 FEET Tfl AN INTERSECTION WITH THE EAST REGHf CIF WAY LINE: OE' 8AE7WICK ROAE) X80 FOOr WIDE ~I~Ir aF WAY) ANA THE PANT OF TERMINUS of THEti HEREIN OESCRIE3ED CENTERLINE. CONTAINING 2795 SQUARE FEET MORE OR LE55. MEMORANDUM TO: Mayor and City Commissioners FROM: Alberta Gaum, Project Coordinator THROUGH: David Harden, City Manager DATE: July 9, 2008 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF JULY 15, 2008 FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAPI GRANT/DELRAY BEACH FAMILY RECREATION AND FITNESS CENTER ITEM BEFORE COMMISSION Approve and authorize the Mayor to execute a grant agreement with Florida Department of Environmental Protection for a Florida Recreation Development Assistance (FRDAP) grant for construction of a playground area at the Family Recreation and Fitness Center. BACKGROUND This grant agreement before Commission is for the construction of a playground area at the Family Recreation and Fitness Center on the corner of Congress Avenue and Lake Ida Road located just east of the Mae Volen Center. Supporting features will include two (2) park benches, a bike rack, water fountain, cement walking path, landscaping, irrigation, and fencing. The State has approved our application for funding in the amount of $61,025.00 with the City match of $20,342.00. FUNDING SOURCE Funding for this reimbursable grant is available in account # 334-4148-572-68.44 (Other Improvements) RECOMMENDATION The Parks and Recreation Department recommends approval of the Florida Recreation Development Assistance Program Grant Agreement. DEP Agreement No. A9135 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM {FRDAP) PROJECT AGREEMENT {SFY 2008-09} -Development This PROJECT AGREEMENT is made and entered into this day of DONOT'DATE , 2008, by and between the STATE OF FI-.ORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF DELRAY BEACH, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 82D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes; and chapter 62D-5, Part V, Florida Administrative Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 103.01, Florida Statutes, shah apply to this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Family Recreation and Fitness Center (Florida Recreation Development Assistance Program (FRDAP}, FRDAP Project Number A09135}, hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Commencement Documentation Checklist, DEP Form FPS-A034. 3. All forms referenced in this PROJECT AGREEMENT may be found at www.de .state.fl.usl arksloirs. Further, the GRANTEE will also receive all DEP Agreement No. A9135, Page 'f of 10 DEP 55-231 (06108) applicable forms for administration of project with GRANTEE'S copy of the fully executed PROJECT AGREEMENT. 4. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS: Playground, walking path, landscaping and other related support facilities, as identified in the GRANTEE'S approved Grant Application. These PROJECT ELEMENTS may be modified by the DEPARTMENT if the GRANTEE shows good cause and the DEPARTMENT approves the modification. PROJECT planning expenses cannot exceed 9 5% of the PROJECT cost to be eligible for reimbursement. 5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $ 61,025.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT funding is based upon the following: DEPARTMENT A GRANTEE Match Type of Match: mount: $ 61,025.00 75°/a $20,32.00 25°/a Gashlin-Kind Services andlor Land Value if the total cost of the PROJECT exceeds the grant amount and the required match, the GRANTEE must pay the excess cost. 6. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty {80) days after receipt of the final request, the DEPARTMENT'S Grant Manager shall review the completion documentation and payment request from the GRANTEE far the PROJECT. if the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Forrn, DEP Checklist, FPS-A036, referenced in s. 62D-5.058{7)(d) of the RULE, the DEPARTMENT will approve the request for payment. 7. In addition to the invoicing requirements contained in the paragraph above, the DEPARTMENT will periodically request proof of a transaction (such as invoice or payroll register} to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State guidelines {including cost allocation guidelines}. When requested, this information must be provided within thirty (30) calendar days of the date of such request. The GRANTEE may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers {overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at htt :1/www.fldfs.com/aadirlreference%5F aide, which GRANTEE shall follow. DEP Agreernent fVo. A9135, Page 2 of 10 ©EF' S5-239 {06!08) 8. The GRANTEE agrees to comply with the ^ivision of Recreation and Parks' Financial Reporting Procedures, formerly known as the Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if fully set Earth herein. A copy of this PROCEDURE has been provided with this PROJECT AGREEMENT and may also be found at http:llwww:dep.state.fl.usl~arksloirs. All purchases of goods and services far accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP funds disbursed for the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15°/a of the GRANTEE'S eligible wages and salaries, unless approved in advance as described herein. lndirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 10. It is understood by the GRANTEE that the amount of this PROJECT AGREEMENT may be reduced should the Governor's Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this PROJECT AGREEMENT may be reduced by the amount deemed appropriate by the DEPARTMENT. 11. The State of Florida's performance and obligation to pay under this PROJECT AGREEMENT is contingent upon an annual appropriation by the Legislature. The GRANTEE understands that this PROJECT AGREEMENT is not a commitment of future appropriations. 12. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 13. PROJECT funds may be reimbursed far eligible Preagreement Expenses (as defined in s. fi2D-5,054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT in accordance with s. 62D-x.055(9} of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. DAP Agreement No. A9135, !'age 3 of 10 ©~P 55-231 (Q61Q$} 14. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program, Commencement Documentation Checklist, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c} of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development. 15. The GRANTEE shall obtain all required local, state and federal permits and approvals prior to completion of the PROJECT construction and shall certify that it has done so to the DEPARTMENT by completing the Project Completion Certification, FPS-A037, referenced in s. 62D-5.058{7}{d} of the RULE. 16. This PROJECT AGREEMENT shall become effective upon execution by both parties and the GRANTEE shall compiete construction of all PROJECT ELEMENTS on or before Agri! 30,..20'1'1 {hereinafter referred to as the PROJECT completion date}. Within 30 days from this date, ail payment requests and completion documentation will be due to the DEPARTMENT. 17. Project completion means the PROJECT is open and available fior use by the public. PROJECT must be designated compiete prior to release of final reimbursement. See Ruie 62D-5.054(41 }. Ten (10} percent of the total grant amount will be held until Completion Documents have been received and approved by the Department 18. The GRANTEE shad maintain books, records and documents directly pertinent to perFormance under this PROJECT AGREEMENT in accordance with generally accepted accounting principles consistently applied, including the PROCEDURE. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this PROJECT AGREEMENT and for five years following PROJECT AGREEMENT completion or resolution of any dispute arising under this PROJECT AGREEMENT. In the event any work is subcontracted, the GRANTEE shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 19. A. In addition to the requirements of the preceding paragraph, the GRANTEE shall comply with the applicable provisions contained in Attachment 1 Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment lsummarizes the funding sources supporting the PROJECT AGREEMENT far purposes of assisting the GRANTEE in complying with the requirements of Attachment 1 A revised copy of Exhibit 1 must be provided to the GRANTEE for each amendment which authorizes a funding increase or decrease. If the GRANTEE fails to receive a revised copy of Exhibit 1, the GRANTEE shall notify the DEPARTMENT'S Grant Manager to request a copy of the updated information. ©EP Ageeerttent No. A9135, Page ~ of 10 DEP 55-231 (061€18) B. The GRANTEE is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this PROJECT AGREEMENT. The GRANTEE shall consider the type of financial assistance (federal and/or state} identified in Attachment 1, Exhibit 1 when making its determination. For federal financial assistance, the GRANTEE shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the GRANTEE shall utilize the form entitled "Checklist for Nonstate Organizations RecipientlSubrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "LinkslForms" section appearing at the fallowing website: htt s:lla s.fidfs.comlfsaa The GRANTEE should confer with its chief financial officer, audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 20. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S noncompliance with this PROJECT AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30} days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of the final reimbursement due the DEPARTMENT. 21. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 22. To the extent required by law, the GRANTEE will be self-insured against, or wilt secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation insurance for a!l of its employees connected with the work of this Project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers` Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Iaw. In case any class of employees engaged in hazardous work under this PROJECT AGREEMENT is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. DEP Agreement No. A9135, Page 5 of 1 Q ©EP 55-231 (46108} 23. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 24. The purchase of non-expendable equipment is not authorized under the terms of this PROJECT AGREEMENT. 25. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT'S Grant Manager sha11 be responsible for ensuring performance of its terms and conditions and shall approve ail reimbursement requests prior to payment. The GRANTEE'S Grant Manager, identified in paragraph 26, or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed Project Status Reports, every January 5th, May 5th, and September 5th of each year summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 26. Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by certified mail to the parties at the following addresses: GRANTEE'S Grant Mana er DEPARTMENT'S Grant Mang er Ms. Alberta Gaum-Rickard Project Coordinator 50 Northwest 1st Avenue Delray Beach, FL 33444 Tamika Bass Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS585 Tallahassee, Florida 32399-3000 27. The GRANTEE must erect a permanent information sign an the PROJECT site which credits PROJEGT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. The sign must be made of appropriate materials, which will be durable far a minimum of twenty-five (25} years after the PROJECT is complete. The sign must be installed an the PROJECT site and approved by the DEPARTMENT before the final reimbursement request is processed. 28. The DEPARTMENT has the right to inspect the PROJECT and any and ail records related thereto at any reasonable time. 29. This PROJECT AGREEMENT may be unilaterally canceled by the DEPARTMENT far refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE DEP Agreement No. A9135, Page 6 of 1Q QEP 55-231 (61(38) in conjunction with this PROJECT AGREEMENT unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07, Florida Statutes. 30. A. The DEPARTMENT may terminate this PROJECT AGREEMENT at any time in the event of the failure of the GRANTEE to fulfill any of its obligations under this PROJECT AGREEMENT. Prior to termination, the DEPARTMENT shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the GRANTEE an opportunity to consult with the DEPARTMENT regarding the reasons} for termination. B. The DEPARTMENT may terminate this PROJECT AGREEMENT after three years if the Governor does not approve certification forward of the PROJECT funds. 31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a refund, either in whole ar in part, of the FRDAP funds provided to the GRANTEE for noncompliance with the material terms of this PROJECT AGREEMENT. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest an any refund shall begin the date that the GRANTEE was informed that a refund was required and continues to accrue until the date the refund and interest are paid to the DEPARTMENT. 32. The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all, applicable building codes. The GRANTEE further agrees to include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 33. The GRANTEE may subcontract work under this PROJECT AGREEMENT without the prior written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract. It is understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be safely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 34. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shah be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of fihe public as stated in section 52D-5.059(1) of the RULE. Land under control other than by ownership of the GRANTEE, such as by cease, shall be dedicated as an outdoor recreation area for the use and benefit of the public for a minimum period of twenty-five (25) years from the DEP Agreement No. A9135, Page 7 of 10 pEP 55-23'I (06108} completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the county property records by the owner, or by the GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 35. Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in termination of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing under Paragraph 26 of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in termination of the PROJECT AGREEMENT and shall result in the imposition of fihe terms in Paragraph 31. 36. In the event of conflict in the provisions of the RULE, the PROJECT AGREEMENT and the Project Application, the provisions of the RULE shall control over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall control over the Project Application documents. 37. If the DEPARTMENT determines that site control is not sufficient under the RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 31. 38. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP grant funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 39. A. No person an the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds ar benefits of; or be otherwise subjected to discrimination in performance of this PROJECT AGREEMENT. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction ar repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list which may be found at DEP Agreement No. A3935, Page 8 of 10 DEP 55-231 (061E18} htt Jldms.m lorida.comlbusiness o eratianslstate urchasin (vendor i nformatianlconvicted sus ended discriminato com faints vendor lists Idiscriminatory yendar_list. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 4870915. 40. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party ofi its sovereign immunity or the provisions of section 768.28, Florida Statutes. 41. The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder ofi such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 42. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this PROJECT AGREEMENT shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 43. This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. 44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in park without the prior written approval of the DEPARTMENT. 45. This PROJECT AGREEMENT represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing, in the form of an Amendment duly executed by each of the parties hereto, and attached to the original of this PROJECT AGREEMENT. ©EP Agreement {Vn, A9135, Page 9 of 1 A DEP 55-23'~ (€36108) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written above. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF DELRAY BEACH By: DO NOT SIGN Division Director (or Designee} Division of Recreation and Parks By: Printed Name: Title: DO NOT DATE Date Address: Office of Information and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mai! Station 585 Tallahassee, Florida 32399-3000 ^ate Address: 50 Northwest 1st Avenue Delray Beach, FL 33444 ~~ jGrantee Attorney ~-~ DEP Grant Manager Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on June 12, 2008 for use for one year. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment 1 S ecial Audit Re uirements 5 Pa es DEP Agreement IVo. A9135, Page 90 of '[0 pEP 55-239 (©6108) ATTACHMENT 1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP'; "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor'; Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, f.S., as revised {see "AUDITS" below), monitoring procedures may include, but nit be limited fin, nn-site visits by Department staff, lixnited scope audits as defzned by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, ~e recipient agrees to comply and cooperate with any monitoring proceduxeslpxocesses deemed appropriate by the Department of Environmental Protection. in the event the Department of Environzxaental Protection detexrnines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, ar audits deemed necessary by the Chief Financial Officer nr Auditor General. AUDITS PART 1: P"EDERALLY k'UNDED This part is applicable if the recipient is a State or local gover:uraent or anon-profit organization as defined in OMB Circular A-133, as revised. 1. in the event that the recipient expends $500,000 ox 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-I33, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environu~ental Protection 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 Environmental Protection. The determination of aznaunts 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 of OMB Circular A-133, as revised, wi11 meet the requirerrzents of this pa~2. 2. in connection with the audit requirements addressed in fart 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 tlxan $500,000 in federal awards in its Escal year, an audit conducted in accordance with the pxovisinns of OMB Circular A-1.33, 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 xnust be paid from non-Federal resources (i.e., the cost of such an audit zzrust be paid from recipient resources obtained from other than federal entities}. 4. The recipient may access infarxnation regarding the Catalog of federal Domestic Assistance (CFDA) via the Internet at Batt :1112.46.245.1731cfdalcfda.htznl. ~~r ss-2~ s ~o2io73 DEP Agreement No. A9135, Attaahmenf 1, Page 1 of 5 PART II: STATB FYJNDED 'T'his part is applicable if the recipient is a nonstate entity as dcfined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total arrzaunt of state financial assistance equal to ar in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and far-profit argani~atians}, Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all saurccs of state financial assistance, including state financial assistance received front the Department of Environmental Protection, other state agencies, and other nanstatc entities. State financial assistance does not include Federal direct orpass-though awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph l; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7}, Flarida Statutes. This includes submission of a financial reporting package as defined by Section 215.97{2}, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and far-pxofit organizations}, Rules of the Auditor General. If the recipient expends less than $500,000 instate financial assistance in its fiscal year, an audit conducted in accordancc 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 an audit conducted in accordance with the provisions of Section 215.97, Flarida Statutes, the cost of the audit must be paid from the non-state entity's resources {i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than Slate entities). 4. For information regarding the Flarida Catalog of State Financial Assistance (CSFA), a recipient should access the Flarida Single Audit Act website located at hugs;/l~r:s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at htm:/lwww.leg.state.fi.us/W~lcomelindex.cfm, State of Florida's Website at httn:l/www.znyffonda.coml, Department of Financial Services' Website at http://w~~vrv.fldfs.co_ml and the Auditor General's Website at htt~/lwww.state.fl.us/audgeu. PART III: OTHER AUDIT REQUIREIVIENTS (NO?E.• This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with- other Federal or State audit requirements}. Pursuant to Section 215.97(8), Flarida Statutes, State agencies may conduct or arrange for audits of Stag financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages far audits conducted in accordance with OMB Circular A-133, as revised, and required by PART 1 of this Attachment shall be submitted, 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: nor ss-z~s ~oz~o~~ ~P Agreement Flo. A9135, Attachment 1, Page 2 of 5 A . The bepartment of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .326 (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 least 10th Street Jeffersonville,lN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (fj, OMB Circular A-133, as revised. 2, Pursuant to Section .320(f}, OMB Circular A-133, as revised, the recipient shall subnxit a capy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit llrrcctor Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART Il of this Attachment shall be submitted by or on behalf of the recipient dir, ectly to each of tine following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Roorra 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 DAP 55-21 S (02107) ©P Agreement No. A9135, Attachment 1, Page 3 of ~ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Copies of reports or management letters required by PART III of this Attachrraent shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following addxess: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Corrarraanwealth Boulevard Tallahassee, Floxida 32399-3000 S. Any reports, management lettcrs, or other informatian required to be submitted to the Department of Environmental Protection puxsuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 16.SS0 (local governmental entities) or 10.650 {nonprofit and for-profit oxganizations), Rules of the Auditor General, as applicable. 6. Recipicnts, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 {rranprofit and for-profit organizations}, Rubs of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 yeaxs from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial {)Ricer, or Auditor General access to such xecords upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Offrcer, or Auditor General upon request fox a period of 3 years from tyre date the audit report is issued, unless extended in writing by the Department of Envixonrrrental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ~~P ss-its (oz~o~) DEP Agreement No. A9135, Attachment 1, t'ag~ 4 of 5 W C7 d b CJ W W r~r„ vS O V] Z ~~, U F O qQ W ~ ° ~ ~ 'G' ° • °~ '~ ° °~ °o o ~ ~ ~ ,-e ~ v? i, ~+ _ O ~ p r' ~ W ~ a p ice. ~ ~"~ N ~ ~ C ~ C? ~ ~ ~ W NU ~ ~ W ~ ~ ~I Vi y v ~ *~ y ~ ~ ~ ~ ~ ~ o L.e ~ rJ 7w ~ ~ tll ,~ ~ vi D E"i A y ~ ~ p y`~., ~ Q ' ~ W ~e ~ L ~ i ~+ ° U ~ i o ~ a ~ ~ ;~ '~' ~, U W Q ~ ~ ~ + +~ ~ ~ ~ U ~ a w ^ © ~ td c '~ w~ ~ [ ~ ~ v ~ U Z m ~, n ~~ ~ o ° Q ° ~ ~ c' w ~ '`~ ~s ° ~ CJ ~ ~ ~ ~ ~ ~ ~ 1~, F4 ~ U ~ •~ N ~ ~ ~ ~ © ~' E...~ a c ~ ~ °~ ~ '~ ~ S-e ~ ~ ~ ;.~ U Q ? ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ V ~ ~ ~ ~p m y ~ ~ '~ a ,a? d~ y O ~ c~ d E-'E ~ ,.~ ~ Q ~ ~ u, ~~ U ~ ~ ~ ~ ~ a .a? .~ ~ ~ ~U~~ U ,L,'" ~ vy U '~ O H Q ~ ~ ~ c ~ •~ Q3 ~' ~ ~ ~ y U .~ ~ G~ x~r O ~w ~ an u; ~ n ¢, ~ m U ~ N ~ ~-, ,~.~ ~ "Ly U 'O `~ chi U , ~~-' c~V' r~ c~. ~ ~ ~~ ~ ~ ~ ~~ a ~ w r~ ~ o ~ o ~c~U ~ ~ ~ 5.~..~ Y O ~.1 .~ ~~ r~ s~, ~ w ~ ~ o ~ •~ ~~~ '~'-y,+ tU '~ .d; ~ UJ Ste, .U ~ O '~ N O ~~ ~~~ u ~~:~ v ~ ~ ~~~, ~ ~ ~ ~ ~ ~ bz3 N ~ v ~ ~: ~` ~' ,s= ~ ~~ O U~ ~,U N ~U„ ~ ~~~,~ YI w.. a d tri R 0. r a.a Gi C1 +~i a M T Q O Z c O ~ ~ ~ N vz ~ Y]` (~ MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 9, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF JULY 15, 2008 SPECIAL EVENT REQUEST/10TH ANNUAL GARLIC FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 10th Annual Garlic Festival to be held on February 13 through 15, 2009, to grant a temporary use permit per LDR's Section 2.4.6(F) for use of City rights-of- way to include NE 1St Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to NE 1St Street, the southwest section of the Old School Square parking lot, from 6:00 a.m., February 12 through midnight, February 15, 2009 and use of the Old School Square Parking Garage, CRA parking lots in block 60, the City Attorney lot and the County Parking Garage and Library lots for event parking. The City is also being requested to supply staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation, site clean up and trash removal, City generator use and waiver of the two (2) hour parking limit in the downtown area during the event. BACKGROUND Attached are an event permit, letter, budget, site plan, and additional information on event benefactors received from Nancy Stewart, Executive Directory of Delray Beach Arts, Inc., requesting City Commission to endorse the 10th Annual Garlic Festival, to use City rights-of-way, to place event signage and banners and to provide staff support for security, barricading, clean up, banner hanging and other assistance including parking as outlined in the permit. The event sponsor will be responsible for liability insurance, event management and set up. The overtime cost for this event is approximately $25,000, signage costs $500, barricades $200 and trash boxes $1,750, for a total estimate of $27,450. Based on existing Special Events Policies and Procedures the event sponsor would be required to pay approximately $18,384. Proceeds from the event will again be shared with volunteer organizations. This past year approximately $43,700 was given to volunteer organizations. The event sponsor will need to make a request direct to the CRA for use of their lots in block 60 and per our agreement with the Library, we cannot grant use of the Library lot. Our agreement only allows 11 days a year use and they are reserved for tennis tournaments. We will also have to obtain permission for use of the County Courthouse Garage. All paid lots will be manned by the Police Explorer Scouts with proceeds split between the City and the Scouts. RECOMMENDATION Staff recommends endorsement of the event, granting the temporary use permit, approval of staff assistance as requested and waiver of the two (2) hour parking limit downtown with the following conditions: . Receipt of event Certification of Liability Insurance and Hold Harmless Agreement no later than ten (10) days prior to the event. . Receipt of Certificate of Liquor Liability Insurance no later than ten (10) days prior to the event. . Liquor cannot be served prior to noon on Sunday. . That the event sponsor be required to provide on-site dumpster service for vendors. . That the event sponsor be required to provide grease disposal barrels on-site for vendors. . Installation of event signage and banners to be hung no earlier than ten (10) days prior to the event. . Require all vendor equipment and fencing to be removed from City right-of-way no later than 7:00 a.m., February 16, 2009. . Require all other items to be removed from Old School Square site by 5:00 p.m., February 17, 2009. . A copy of a rental agreement with Old School Square is to be provided to the City no later than 30 days prior to the event. . All trash and garbage to be removed from the event area by 7:00 a.m., February 16, 2009. . That charges for City services are subject to event policies and procedures that may be in effect at the time of the event. R€CEIVED May 27, Zoos .iUN :,~ 12008 ADMINISTRATIVE Mr. Bob Barcinski ~. City of Delray Beach SERVICES 100 N.W. 1 Avenue Delray Beach, FL 33444 Dear Bob, I am submitting our request for approval of the 10th Annuaf Delray Beach Garlic Fest which will be held on Feb. 13, 14 8 15, 2009. We are requesting the following items to be added to the City Commission agenda in July 2008: Use of Swinton Avenue again this year (from Atlantic Avenue North to NE 1 ~' Street). This portion of the City would be closed from 6:00 am Thursday, February 12th through midnight Sunday, February 15, 2009. Use of Old School Square Parking Garage and Court House Parking Garage for event parking and have the Police Explorers staff garages with 50% proceeds going towards their organization. Requesting that 50 spaces in the Old School Square parking garage reserved for Garlic Fest sponsors all three days. (1lVith Old School Square Grounds closed beginning Wednesday, Feb. 6th to begin setup.) Use of the gravel lot north of the Old School Square parking garage for handicap and volunteer parking. We are relocating the children's area off of Swinton Avenue to the surtace lot along 2"d Avenue and have moved our 2"d entrance to be located off of 2"d Avenue, north of the alley way. We will be having our handicap access and vendor entrance on NE 1st . Avenue between the main stage and the Old School Square parking garage. Vendors, located on Swinton will tear down completely after close of the event on Sunday, Feb. 15th. We have also requested a $5,000 deposit from our food concessionaire to be held until clean-up is completed, ensuring that the site is cleaned to the city's expectations. 'this festival will again be a gated event with an admission fee of $12 per person. This admission fee is charged in order to guarantee monetary contributions to volunteer 9nd non- profit organizations working our event. We recorded charitable contributions again last year of $43,726 for the non-profit organizations last year. , Event dates are Friday, February 13th, 2009 (5:OO~m -10:00 pm), Saturday, 14th, 2009 (11:00 am to 10:00 pm) and Sunday, February 15 , 2009 (11:00 am to 7:00 pm). PARKING: 1) Courthouse/Library Parking Garage Delray Beach 2) Old School Square Parking Garage Arts, Inc. 3) CRA Parking lots 2, 3 8 4 /Block 60 North side of City Hall 4) City Attorney lot Should you have any questions, please contact me at 274-4663. Thank you for your 223 NE 1st Avenue consideration and support! Delray Beach Sincer ~ FL 33444-3714 Gt/y'1 c_-L/ Nancy tewart Executive Director Sponsor Info Tel: (5G1) 274-4663 Delray Beach Garlic Fest Vendors 8. General Info PS -I've also inGuded a Parking Limit Waiver Request, Hold Harmless Agreement and Noise/Alcohol Tel: (561) 279-0907 Waiver Request. (Hold Harmless to follow.) Fax: (561 J 274-6129 GaAic Fest Clty Req Ltr 2009.doc www.dbgarlicfest.com May 27, 2008 Mr. Robert Barcinski, Asst. City Manager City of Delray Beach 100 N.W. 1 Avenue Delray Beach, FL 33444 RE: Downtown Parking Limit Waiver Dear Bob, Delray Beach Art's 10`h Annual Delray Beach Garlic Fest, is requesting a waiver of the two hour parking limit in the entire downtown area on Friday, Feb. 13t", Saturday, February 14~', and February 15~', 2009. Should you have any questions, please contact me at 274663. "thank you for your consideration. Sincerely, Nancy Stewart Executnre Director Delray Beach Garlic Fest Delray Beach Arts, Inc. 223 NE 1st Avenue Delray Beach FL 334443714 Sponsor InFo Tel: (S61) 2744663 Vendors 8. General Info Tel: (561) 279-0907 Fax: (561) 2746129 Parking Limit Waiver 2009 www,dbgarlicfest.com .. ' f r r ~' City of Delray Beach Special Event Permit Application t~.w-Y sEacH RIECEIVEp .` ~:. ~~~ ~~ 2 2ooe `~ ADMIN18TRgTIyF SERVICES p PLEASE TYPE OR PRINT ~ :t~~3 ~oo~ Event Name/Title: I(~~'^ ~Ji ~(l~F~~ 1 ).~~v ~~t`~`~'~ 1~~~C..r~~ Event Date(s): ~~ • 13 ~ r`~C~~ Times: ~(Yl `" I ,,,~ p(Yl -~ ~. ~~- ~ ~g u aim - I Uynn Event Sponsor/Producer: ~-w1 ~P Y`~Ck1 ~~ • ~ ~l L . Event Contact/Coordinator: ,~c~`n Cam( fi Name: ' Address: Telephone Number: ~ ~ (~ Cellular Number: E-mail Address: !~l ~~ O~~1Cl l~ C ~ 1U~~ Event Description/Purpose: ~ ~~ Brief History of Event (If applicable: Number of Individuals Served Previous Year (if applicable): ~~ the targeted population and expected attendance: (~'~ Planned Activities (Outline of activities/number of activitie , i.e entertainment, children's rides, games, other programs): ~Q,~C ~c~ Q~I~-~~(~(' k• Describe how. the program or project addresses Describe your Mazketing/Promotions I radio, posters, flyers web sites, other): n _ _, _ ~~ _.,. _ ,; . itv needs: (How will you market/promote, i.e. TV, Sponsor Category (please check) City ^ Non-ProfitlCharitable Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non profit. attach proof of S01 c(3), c(4), c(6), C(10), or c(19) or (d) . Event Loeation_(Describe azea boundaries,,pf event/location): ~1~~ Site. plan attached: yes_~_ no (~5'ite plan require for entire eventsite. Include locations of tents, stage, portabts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Squaze: yes x no~ (If yes, attach proof of approval) Private Property Use: yes~_ no (If yes, attach letter giving authorization from property owner) Event budget attached: yes~~ no (Required for all events) Previous yeaz Revenue/Expense summazy 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) n~~~ l• ~~1 ~~~ Serving or selling alcoholic beverages: yes_~ no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no~ (Required two (2) weeks prior to event 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 X no Requesting Police assistance: yes_7` no (traffic controUsecurity) Will supplement with private security: yes~_ no (If yes, need plan attached) Requesting Emergency Medical assistance: yes~_ no Requesting barricade assistance: yes ~ no (If no, how aze you handling?) Requesting trash removal/clean up assistance: yes no (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes~~ no____~ Requesting stage use: yes nol~ (If yes, check type) Large stage (14' x 36') ^ Small stage (16' x 2Y') ^ Half small stage (8' x ~1') o Requesting signage: yes no Type: 4'x4'Event sign .Parking Signs Banner hangin indicate dates re ired~'ol(1 • a~) C~''~~ - (R'aiver required if re than one (1) week prior to event) ~ ~, ~j ~ ~j , a O U Gf Requesting City Portable Generator: yes ~ no (If yes, size & power) l '"" ~ ~'~i Food and beverage vendors: yes_ ~;~ no If yes, approximate number (Health Department approval required) yes DC. no Other vendors: (Indicate type) no Tents: yeses C no If yes, How many What size or size required~~(' 'f'' ) CJ,Q,y9+2. (If yes, tent per»uts and fire inspections may be~ needed) ~ ~~~~ N ~a` Will. the event include amusement rides: yes~_ no (If yes, type attd location and copy of liability insurance required, also requires.state license and inspection.) Will the event be gated: (Show on site map) Will there be a charge for the event: (If yes, indicate ticket prices) yes ~ no yes X (.'~ ~~-~no Will there be fireworks or other pyrotechnics: yes no ~, (If yes,, contact Fire Marshal to obtain and complete pernut application) Will there be cooking with compressed gas: yeses no~_ (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes Jt no . (If yes, locate on site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: ~. yes ~ no (If yes, indicate locations and purpose for use) ~S~e C~~ ~~, Event Permit Attachments: / Revenue/Expense Budget ~Revenue/Expense Recap Last Years Event / Site Plan ~ Letter Requesting Noise Ordinance Waiver / Letter Requesting Waiver Consumption Alcohol Beverages / Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage.Liability Certificate / Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event • , ~ a. ~ ~~~UGc-~ 5- a ~ - off' Event ontract /Coordiinator Date Please print: 1'1~~1--V ~~ W Cc 2 -f -- Please enclose the appropriate non-refundable application fee payable. to the City of Delray Beach, 100 N.W. 1~` Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Onl~ ,, / ~ Date Received ~~'/~~ Application fee received ~~ 10th Annual Delray Beach Garlic Fest 2009 Proposed Budget Ordinary Re~'enuWes Jan 09 -Dec 09 2008 ACTUAL 2009 PROPOSED DETAIL 2009 PROPOSED .BUDGET Admissions 187,404.77 233,500.00 233,500.00 Membershi Contracted Service Revenues Other Revenue 171,049.19 122,200.00 Alcohol Sales 40,000.00 Mercantile Area 2,500.00 Tent/Table Rental 2,700.00 Vendor Fee Income 30,000.00 Food Income 25% of ross 30,000.00 Rides/Children's Area (15°~ of ross 17,000.00 Co orate Contributions 66,882.06 90,000.00 S nsorshi 90,000.00 Foundation Grants Other Private Su ort 1,500.00 1,500.00 1,500.00 Government Grants-Federal Government Grants-State Government Grants-Local not TDC/PBCCC 25,833.00 Palm Beach Cultural Council Grant 10, 797.00 12,536.00 Recreation Assistance Grant 11,797.00 Community Redevelopment A enc 750.00 Downtown Development Authori 750.00 Total Revenue 437,803.02 473,033.00 2009 Garllc Fest Proposed Budget-Clty O~dinarji Expenses Jan 09 -Dec 09 2009 2008 2008 PROPOSED ACTUAL TOTALS DETAIL 2009 PROPOSED BUDGET Personnel-AdmiNMarketing 77,442.76 83,500.00 Office Staff Person-Full Time 25,818.76 38,000.00 Vendor Coordinator 4,375.00 4,000.00 Volunteer Coordinator 1,250.00 Executive Director 17,516.00 18,000.00 CFO 17,516.00 18,000.00 O erations Mana er 8~ o s staff 5,084.00 2 500.00 Garlic Chef Stadium Manager & staff 2,360.00 1,500.00 Pa roll taxes 3,523.00 1,500.00 Outside Professional Services-Artistic 115,819.55 107,000.00 Commission sales 1,375.00 Gra hic Desi n 4,852.50 4,000.00 Photo ra her 1,700.00 1,500.00 Entertainment (Natl Acts, bookin fee 75,059.25 100,000.00 Sound & Lights 32,832.80 (see equip rental Outside Professional Services-Other 74,964.79 90,266.00 City Services (Fire, Police, P&R, Public Works 15,628.29 15,000.00 Contract Labor (Emcee, Cash Room, Intem, Bars 7,250.00 11,416.00 Private Securit 7,660.50 7,500.00 Sta a Techs 3,500.00 Professional Fees (Accounting, L al 2,850.00 Volunteer Contributions Atlantic High Eagle-ettes Banyan Creek Elem School Boy Scout Troop 301 Caring Kitchens Children, Hope & Horses Corebridge Educ Academy Delray Beach Police Explorers Delray Beach Public Library Delray Rangers Travel Baseball Morikami Park Elem School The Miracle League Delray Business Partners Chamber Leads Grou 44,426.00 50,000.00 S ace Rental for Pro ram 12,163.47 12,163.47 12,000.00 12,000.00 Rent/Mortgage 15,158.57 20,400.00 Office Rent 13,500.00 18,000.00 Stora a Rent 1,658.57 2,400.00 Marketin Advertising 17,907.10 22,192.00 Advertisin Fee 3,390.50 3,292.00 2009 Garllc Fest Proposed Budget-City Annual Re rt/Co Filin Fee 201.25 150.00 Street Banners 3,122.00 2,000.00 Billboard 750.00 750.00 Plintin 415.84 4,000.00 Web Hostin 219:45 1,000.00 Television Ads 0 4,250.00 News a er/S ecial Section 3,100.00 3,500.00 Software 576.95 Meals/Entertainment 4,171.40 250.00 Posta a 1,959.71 3,000.00 Travel/Su lies/Other 30,564.10 .19,500.00 Hotel rooms-National Acts 9,000.00 9,000.00 Hotel rooms-Staff 1,500.00 1,500.00 Office Su lies 7,502.10 7,000.00 Meals-Staff-Meetin s 2,000.00 Gourmet Alle /Soda Water % 12,562.00 Remaining Operating Ex enses 93,782.68 118,175.00 Apparel (Vol. shirts, hats, staff, mercantile items 6,741.97 8,000.00 Automobile ex erase 55.25 500.00 Bank Service Charges /Fees / Finance Cha es 6,291.78 1,025.00 Beer / Li uor cost 19,791.38 35,000.00 Generators/Power 20,000.00 12,000.00 Ca ital E ui ment 2,176.16 Fenan 5,000.00 5,000.00 Dues & Subscri tions 3,616.70 500.00 Education/Seminars 646.00 500.00 Equipment Rental (Diesel fuel, port=a-lets, repairs, radios, tents, tables, chairs, tower li hts, sound & li htin 7,638.27 40,000.00 Garlic Chef Stadium (aprons, food, supplies, prize money, tro hies 218.79 5,000.00 Ice 1,319.50 1,500.00 Insurance 2,184.37 4,550.00 Licenses & Permits 275.00 300.00 Miscellaneous (ADT, reimbursed ex enses 5,685.65 Cleanin Service 900.00 300.00 Gifts/Prizes 870.00 Re airs Com uter, ui ent 2,680.76 1,500.00 Tele hone 5,410.97 2,500.00 Utilities ater/Electric 1,520.58 VIP Parry (Entertainment, bartender 759.55 500.00 Total Ex enses ~ 437,803.02 473,033.00 2009 Gerllc Fest Propos®d Budg®t-City ~~ 1 j ;~1~ DELRAY,BEACH ARTS~INC. DELRAY BEACH GARLIC FEST BENEFICIARIES TO DATE (Bold - 2008 Beneficiaries) 505 TEEN CENTER - DELRAY:BEACH YOUTH COUNCIL ALEXANDER W: bREYFO'OS JR: SCHOOL OF THE.ARTS ATLANTIC COMMUNITY HIGH SCHOOL BAND B005TERS ATLANTIC HIGH SCHOOL F=AGLE=ETTES ATLANTIC MIGH FOOTBALL TEAM ATLANTIC.HfGH JUNIOR VARSITY GIRLS BASKETBALL AVDA (AID TO VICTIMS;OF DOMESTIC ASSAULT BANYAN CRE~EK;ELEMENTARY SCHOOL BOYNTON BEACH COMMUNITY HIGH SCHOOL TIGERETTES BOYNTON/D~LRAY EXCHANGE CLUB CHILDREN HOPE & HORSES CITY OF DEL~RAY~'BEACW COMMUNITY REDEVELbF,MENT AGENCY COFtEBRtI~GE EDU.CATlO;NAL ACADEMY DELRAY BEACH CHAMBER'OF COMIVIER. CE EDUCAtION FOUNDATION D~LRAY BEACH- hIIBLIC LIBRARY ,, ,.~. DELRAY BEACH POLICE EXPLORER POST 319 DELRAY °BEACH'FIREFICH`EERS DELRAY BUSINESS PARTNERS = CHAMBER ~OF COMMERCE LEADS GROUP DELRAY DE$TROYERS.TRAVELING BASEBALL DREYFOOS DREYFOOS COMMUNICATION ARTS PARENT ASSOCIATION FUTURE BUSINESS LEADERS OF AMERICA HAVEN~FOR-ABUSED CHILDREN HOSPICE OF'PALM,BEACH COUNTY MORIKAMI PARK ELEMENTARY SCHOOL OLD SCHOOL SQUARE EDUCATION 'MENTORING PROGRAM PINE GROVE SCHOOL .OF THE ARTS PINEAPPLE GROVE - DELRAY BEACH PINEAPPLE GROVE ART WALK PROJECT tHANKSGl1/ING ROSA TUBA SCHOLARSHIP FUND S.D. SPADY ELEMENTARY MONTESSORI MAGNET SOUTH FLORIDA DYNAMICS ST. VINCENT FERRER CATHOLIC CHURCH SUNRISE KIWANIS UNITY OF ATLAN"I"IC HIGH SCHOOL YOUNG SINGERS OF THE PALM BEACHES X10 DANCE TEAM 2008 CONTRIBUTIONS= $43,726 * Total Contributions to Date = $229,699.67 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 9, 2008 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF JULY 15, 2008 SPECIAL EVENT REQUEST/5TH ANNUAL FAMILY FUN DAY AT POMPEY PARK ITEM BEFORE COMMISSION City Commission is requested to approve the Str' Annual Family Fun Day at Pompey Park co-produced by the Parks and Recreation Department and Roots Cultural Festival Inc. proposed to be held August 2, 2008 at Pompey Park from 4:00 p.m. to 11:00 p.m. Commission is also requested to approve staff support for security, trash removal and clean up assistance, trash boxes, use of the large City stage, City generator use, and preparation and installation of event signage. BACKGROUND Attached are a special event permit application, site plan, and budget received from David Ricks, Recreation Supervisor, for this event. The event will include a talent show, food and non food vendors, entertainment, games and motivational speakers. The event producers will be responsible for overall event management, vendor approval and other site management tasks. The event producer has not requested on EMS assistance for the event. However, at a minimum, an inspector will need to inspect food vendor set up. The estimated costs for staff assistance with EMS support is $5,450, stage rental $1,597, trash box costs $350 and event signage $250 for a total cost estimate of $7,647. Per Event Polices and Procedures, since this is a City co-sponsored event there are no charges for City services or equipment. Also a Hold Harmless Agreement and Certificate of Insurance are not required. RECOMMENDATION Staff recommends approval of the special event permit, staff support for security, trash removal and clean up, providing trash boxes, setup and use of the large City stage, City generator use, event signage, and EMS on-site assistance, if determined to be required by the Fire Department. !~ Event Name/Title: /~ ~~ Event Date(s): sf a 30eg' Times: ~®~n - //,om ~~~~~~ Event Sponsor/Producer: ~~ri~-cci ~if~/~ Event Contact/Coordinator: /~,¢~/iD ~ /~ ~G~ ~ Name: _//~!%c/J C KlcLs Address: //D / ~!v 2 Sfr~f ,ve%a y l3e~~cl , ~G Event Description/Purpose: Brief History of Event (If applicable): ~iia ,i ~-!re 6"'~ ~~i ~iif eva,~ ~i~a/ ,bt2o fit/~ Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): ,~i^6catc~ ,e.b Be~i>~>; G~fe t'ah~~c Number of Individuals Served Previous Year (if applicable): lodD ~~cEiv~p City of Delray BeachJUN 2~,~ ?000 Special Event Permfi~ sER ass ~~~ Application PLEASE TYPE OR PRINT DELRAY BEACH i ~`~~ 1993 ' 2001 Describe the targeted population and expected attendance: ~ ~~ ~,,,~ ~tD e?- /i-2- 6~A~ .di~Y..A~t9e e ~ Telephone Number: d25<3 - 7~S'~ Cellular Number: E-mail Address: i'/~~-j' ~ Ci• ~?`e/i~Y -6eQ c~i• ~'/ u.r Describe how the~rogram or project addresses community needs: -~~f ~r~dr~ ~ / / / / i_ %/ A ,_ . n it Describe, your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): ~ f Daf~..r , ~~` ,r,~ Lt~cr .~~iv Sponsor Category (please check) City ~NOri-Profit/Charitable ^ Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non profit attach proof of S01 c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): -~ ~~~~ ~~/ ~ /)c~~ ~, Fig/~ ~ .~ an ~ t~ h~,ttl ~.4/! ~id~f Q.~- ~.TT Site plan attached: yes ~/ no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no ~ (If yes, attach proof of approval) Private Property Use:. yes no / (If yes, attach letter giving authorization from property owner) Event budget attached: yes (Required for all events) Previous year Revenue/Expense summary attached: (Required for all events) Do you have cash sponsors for the event: yes (Indicated on budget) Do you have inkind sponsors for the event: yes, (Indicated on budget) no yes ~ no no ~/ no C:\Documents and Settings\Lisi\Desktop\Special Event Permit Application FINAL 9.6.07.doc Serving or selling alcoholic beverages: yes no 1/ (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 C~~J C~--~~~ required for vendors) Playing of amplified music: (Waiver required) yes +~ no Will there be entertainment: yes I/ 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 r/~ no (traffic control/security) Will supplement with private security: yes / no (If yes, need plan attached) Requesting Emergency Medical assistance: yes no~~ Requesting barricade assistance: yes no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes / no (WYII be billed to sponsor) Requesting trash boxes/containers and liners: yes / no Requesting stage use: yes f no (If yes, check type) Large stage (14' x 36') Small stage (16' z 21') ^ Half small stage (8' z 21') ^ Requesting signage: yes no Type: 4'x4'Event sign L''~ Parking Signs Banner hanging / Indicate dates required (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: yes / no. (If yes, size & power) Food and beverage vendors: es If yes, approximate number (Health Department approval required) yes no no C:\Documents and Settings\Lisi\Desktop\Special Event Permit Application FINAL 9.6.07.doc Other vendors: (Indicate type) yes +/ no /~ l S~i/aa . PUno~%1'PGf Tents: yes Ijyes, How many 1 ~ What size or size required (Ijyes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no ' (Ijyes, type and location and copy ojliability insurance required, also requires state license and inspection.) Will the event be gated: (Show on-site map) yes ~ no Will there be a charge for the event: yes no ~ (Ijyes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no (Ijyes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes ~ no ~ (Ijyes, contact Fire Marshal jor inspections) Will you be providing port-a-lets for the event: yes no /~ (Ijyes, locate on-site map. Ijno, indicate how you will handle restroom needs) Is reserved parking requested: yes no ~ (Ijyes, indicate locations and purpose jor use) Event Permit Attachments: Revenue/Expense Budget Revenue/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event no C:\Documents and Settings\Lisi\Desktop\Special Event Permit Application FINAL 9.6.07.doc ~- ~ 023 d~ Event Contractor/Coordinator Date Please print: ~~4V~O /~ ~~~ Please enclose the appropriate non-refundable application fee payable to the City of ' Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only > ~~~ Date Received -~Ol~ 04 Application fee received $ C:\Documents and SettingsU.isi\Desktop\Special Event Permit Application FIIJAL 9.6.07.doc ~S'~ ..,K:rv:i4~4ri~' 8A'..~~ _ ,.. 2 Tp ~ ~tP . // \\ D E L R A Y B E A C H Parks ~s Recreat'~on ~~% ~ ~~ Pompey Park 1101 NW 2nd Street Delray Beach Florida, 33444 Phone (561) 243 - 7259 Fax (561) 243 - 7342 E-Mail me: ricks@ci.delray-beach.fl.us On the Web mydelraybeach.com ~tStarts ~~par 2008 Family .Fun Day Private Security Plan Private Security will be provided 6 gl.iards: • One guard at each parking area at Pompey Park • One guard at Spady Elementary for overflow parking • Two guards patrolling fun day area. i ~ ;. ~ ~ ~ ~ ~ ~a~° ~'~ ~ ~ ~ ~ ~ ~~~~~ ~~ > 4 a> , _ ~~ ~k `~~ . .,fir'", -0,~` ®,~ ~,~: 2 // \\ D E L R.A Y B E A C H Parks ~s Recreation ~~ ~ ~~ Pompey Park 1101 NW 2nd Street Delray Beach Florida, 33444 Phone (561). 243 - 7259 Fax (561) 243 - 7342 E-Mail me: ricks@ci.delray=beach.fl.us On the Web mydelraybeach.com itSt~ Pa 2007 Family Fun Day Revenue and Expenses Revenue 8 Food Vendors $800.00 10 Non Food Vendors $750.00 10 Talent Show Participants $250.00 2008 Budget line item 48.10 $2,500.00 Total $4,150.00 Expenses Awards-BBQ Contest $800.00 Awards--Talent Show $500.00 Kids Zone $725.00 Supplies $325.00 Total $3,775.00 Event: Pompey Park Family Day In The Park /:~ /., /.~ /.~ /.~ /.~ /~ ~" ' ' ,';: _ , ;Community ... ~ }~~.;.M~~;~~ Saturday ~l '~~ ` '° ` August ,~~1~; ~~~ ~~' Po_mpey Park, 1101 ~NW 2nd Street_ _ ~ ~_ _ ___ _ j ~'t c~~~'. '~ Rhonda Williams-Turner williamsr(a,ci.delray-beach.fl.us ._. '` ..~`„~~,~ Phone:561-243-7356 Fax:561-243-7342 ~ Pompey Park Delray Beach Parks and. Recreation Department presents an Annual Family Day and Barbecue Fest at Pompey Park on Saturday of every year. Families are invited to join the'fun between 4:00 pm and 11:00 prn, with plenty of activities for everyone; including Best BBQ Ribs Contest, games, live entertainment, talent show and contest, motivational speakers, free food, and prizes. There will also be dozens of vendors for the whole family to enjoy. This is a day that is not worth missing: Please make sure to bring your lawn chair and shade, umbrella! A festival is an event, usually staged by a local community, which centers on some unique aspecE of that community. All programming for the festival is designed to celebrate cultural expression in a variety of forms and to encourage understanding and appreciation for different cultures. Festival International events are free to the public and designed to encourage family participation from all sectors of the community. ,'~ ~ ~ ~ .~.r dC~'~ Y ~1 - i .:,`~,~µ ",^A^r*"rvr4~r `.ls~ C~~ r CIF '`i ~' 4. ~;~ ~. J j°.~4'~`~ . ,~ r f ~'°1 :'i, ` ~ . Entertainment $ 35.00.00 T-Shirts Staff and Volunteers $ 600.00 Snacks for Cha erone Staff and Volunteers $ 250.00 BBQ Contest 1s-500,2° -250,3` -100 lace $ 850.00 Cake Contest lst-250,2° -150,3` -50 lace $ 450.00 Talent Contest 1St-300,2° -200,3` -100 lace $ 600.00 Tro hies and Awards $ 250.00 Total from the Ci $ 2200.00 Total Collected for Vendors 30 vendors x $100 $ 3000.00 Contest BBQ/Contest/ Talent eay~ 20 BBQ/Cake 60 and 10 talent $ 1500.00 Family Day Coordinator 1. Plan the Family Fun Day Activities 2. Managing the administrative details necessary to the coordination of (monthly newsletters, agenda's, spreadsheets, etc) 3. Make Daily phone contacts 4. Responsible for check in 5. Oversee on-site program 6. Order Trophies and purchase all supplies Office Assistance Assist the Coordinator. Duties will include monitoring activities. o Collect Funds and Applications o Assistant Coordinator ~~ POMPEY PARK 5TH ANNUAL E ~~1st~oe Talent Show ~, ~ ~,_ "~~ 7:OOprn-'1 O:OOpr~ P~~~'es If co ee ut d win this showent ~as~ Re 'stration $30 Best BBQ Ribs and Cake Contest Registration $60 1s4, 2nd, and 3rd Place Prizes Saturday, August 2, 2008 3:00 Vendor Booths Available: Food goo .m-11:OOpm Non-Food g7S Fora lication and further information lease contact pp p O E L R A Y B E A C H _ , ~ .Mrs. Rhonda Turner 561-243 -73 5 6 ~ ~ ~ ~~-H Parks ~ Recreatwn + r,~ A + v +w ~~ ~• yss~ mot FAMILY DAY tS: Youth On Parade Show 3: MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 10, 2008 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF JULY 15, 2008 SPECIAL EVENT REQUEST/ST. PATRICK'S DAY PARADE ITEM BEFORE COMMISSION City Commission is requested to approve a request to conduct the 41St Annual Saint Patrick's Day Parade proposed to be held on Saturday, March 14, 2009 beginning with set up at 11:00 a.m., parade starting at 1:00 p.m. and ending at approximately 3:00 p.m. and event at Old School Square from 11:00 a.m. to 7:30 p.m., and to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Atlantic Avenue from Venetian Drive to NW 1St Avenue for the parade and Venetian Drive and Gleason Street for staging of parade entries. Commission is also being requested to approve staff support for traffic control and security, barricading, trash removal, EMS assistance, use of a City generator, use of the small stage, assistance in obtaining the FDOT permit and to allow event signage to be put up 10 days prior to the event. BACKGROUND Attached are a special event application, site plan and budget received from Nancy Stewart on behalf of the St. Patrick's Day Events, Inc. Commission is requested to approve the parade and provide staff support for traffic control and security, clean up, barricading, EMS assistance, assistance in preparing the FDOT permit and to allow event signage to be installed 10 days prior to the event. The parade will start at 1:00 p.m. and end approximately 3:00 p.m. Venetian Drive and Gleason Street will be utilized to stage the parade entries and we would close these streets by 11:00 a.m. This year the event producer is also requesting the use of the Old School Square front lawn, which will be fenced and gated and will have food and beverage vendors as well as entertainment at this location. Estimated overtime cost for the event is $7,650, the barricade rental cost is $500, trash box cost is $140, and small stage rental is $535 for a total of $8,825. Per event policies and procedures the event sponsor will be required to pay approximately $5,310. The parade will end on NW 1St Avenue just as the Holiday Parade does. RECOMMENDATION Staff recommends approval of the event request, the temporary use permit and providing staff support as requested with the following conditions: 1. The event sponsors provide the City with the required Liability Insurance and Hold Harmless Agreement by March 4, 2009. 2. Event signage not to be put up any earlier than March 6, 2009. 3. That charges for City services are subject to event policies and procedures that may be in effect at the time of the event. ~ .~ ., ~~ P•,i~~~ _ ... _ nc~ asv acerW fe~~" ~d~ ~~ Telephone Numt E-mail Address: 1 rief History of vent (If app • ble • ~ S ~ v~ ,. Planned Activities (Outline of children's rides, games, -other of 1 Event Sponsor/Producer:.~ ~(J~~(I C~. ~~ ~ ~~~(1 ~ ~ ~-, Event Contact/Coordinator: Number of Individuals Served Previous Year (if applicable): S~ r; Sponsor Category (please check) City ^ Non-Profit/Charitable Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non prof t attach proof of S01 c(3), c(4), c(6), C(10), or c(1 /d) Site plan attached: yes ~~ no (Site plan required for entire event sites Include locations of tents, stage, portalets, dulrlpsters, portable lighting, and barricade location if applicable.) Rental of Old School Squaze: yes_~_ no (If yes, attach proof of approval) Private Property Use: yes no (If yes, attach letter giving authorization from properly owner) Event budget attached: yes 7~ no (Required for all events) Previous yeaz Revenue/Expense summary attached: yes, no (Required for all events) `` Do you have cash sponsors for the event: yes ,7~ no (Indicated on budget) Do you have inkind sponsors for the event: yes ~ no (Indicated on budget) C:~Documents and SettingSV.isi~Desktoplspeciel Event Permit Application FINAL 9.6.07.doc ~; Serving or selling alcoholic beverages: yes^~ no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes n no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes~_ no (Waiver required) Will there be entertainment: yes, no (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 control/security) Will supplement with private security: yes~,_ no (If yes, need plan attached) Requesting Emergency Medical assistance: yes~_ no Requesting barricade assistance: yes ~, no (If no, how aze you handling?). Requesting trash removal/clean up assistance: yes ~ no (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes~_ no Requesting stage use: yes~u no (If yes, check type) Large.stage (14' x 36') Small stage (I6' x 21') ^ Half small stage (8' x 21') ^ Requesting signage: , yes~_ no Ty. pe: 4'x4'Event sign Pazking Signs Banner hanging Indicate dates required (Waiver required if more than one (l) week prior to event) Requesting City Portable Generator: (If yes, size ~ power) Food and beverage vendors: If yes, approximate number (Health Department approval required) yes~~~ no, lld'' YVI~, yes~_ no yeses, no C:\Docvments end SettingsU.isilDesktop~Special Evern Permit Application FINAL 9.6.07.doc F.~ Other vendors: (Indicate type) no Tents: yes` ~ no If yes, How many What size or size required ~U ~Q ~'~ 1(' (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no_~ (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on site map) yes_~ no~ Will there be a charge for the event: yes no~_ (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 (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes -JC no (If yes, locate on-site map. If no, indicate how you will handle restroom ne\ed~s) Is reserved parking requested: yes no ~C, (If yes, indicate locations and purpose for use) Event Permit Attachments: _~Revenue/Expense Budget ~_~Revenue/Experise Recap Last Years Event ~ Site Plan _~Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate _~Proof of Rental Agreement or Authorization Letter from Private Property Owner __~Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:~Documents and Settings~LislDesktoplspecial Event Permit Application FDVAL 9.6.07.doc ~t.:~w a~ 5~a-qc~€ Eve6-t Contrac ~ r/ coordinator CC Date Please print• ti J Wct~'~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1~` Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff' Use Only ~ Date Received G G ~ Application fee received $ /.5~ C:1Documents end SetringsU.isi~Desktop~,Speciel Eveat Permit Application FINAL 9.6.07.doc 41St An Dual St. Patrick's Day Parade & Party 200:9 Proposed Budget i~;~d~n,ry~ Re3~nues Jan 09 -Dec 09 2008 ACTUAL 2009 2008 PROPOSED TOTALS DETAIL .2009 PROPOSED BUDGET Other Revenue 15,999.77 18,000.00 Alcohol Sales 4,289:00 6,000.00 Floats 5,.911.00 6,000.00 Vendor Fee Income 5,799.77 6,000.00 Co orate Contributions 18,750.00 20;000:00 S nsorslii 18;750:00 20,000.00 Government &LocafG~rants 1,500:00 1,500.00 1 500.00 Community Redevelopment A en 750..00 750.00 Downtown Development Autho ' , 750.0.0 750.00 Total Revenue ~ 36 249.77 39,500.00 f~~n~ pense~ , Jan 09 -Dec 09 2008 ACTUAL 2009 2008 PROPOSED TOTALS DETAIL 2009 PROPOSED BUDGET Personnel-Adr~n/Marketin 4,500:00 ' 5,750.00 Executive Director 2,000.00 2,500.00 CFO 2,QO000 2,500:00 Vendor Coordinator 500:OU 750.00 Outside Professional Services-A~tistc 6,762.50~ - 7,250.00 Corrimissi©n, Sales 2;137.50 2,000.00 Gra hic Desi q n 575:Q0 750,00 Photo ra her 500 00 500:00. Entertainment main sta e - 3,550:00 4,000.00 Outside Professional Services-0;ther 10;255.39" 10,500.00 Cityi;Senriees (Fire, Police, P&R, Public Works 4,230.31 , - 5,000.00 Contract-Labor.. (Cash Room, . Bars Voi Cpo.rdinator 2,5U0:00 2,500.00 Private Seeur 1 01=9;00; 1,500.00. Waste Removal- 1;230:U8 1,500.00 VolunteerCorrtribufions Big Brothers Big :Sisters Atlantic High eagle=ettes Delray Beach Fire Dept Benevolent .Fund 1,276:00 Marketin /Advertisin 741.25 , 1,OS1.25 Advertisin .Fee 880;00' 1,000.00 Annual Re " rt/Gq Fili , :Fee 61.25. 61.25 2009 Garlic Fast Proposed Budget-City Remaining Operating Ex enses 13,990.33. 14,938.75 Apparel (Vol. shirts, t-shirts, cu 985.93 951.75 Merchandise (commemorative Cu s, beads, costume 1,261.78 1,000.00 Automobile ex ease 55.01 100.00 Bank Service Charges /Fees / Finance Cha es /Bad Debt 1,073.99 .500.00 Beer / Li uor cost 1 205.00 2,100.00 E ui ment Rental -Barricades 740.00 750.00 Equipment Rental -Tents, Tables, Chairs 2,093.75 2,100.OQ E ui ment Rental - Fena 1,409.OQ 1 500:00 E ui ment Rental - Portalets 2,012.00 2,012.00 Ice 500.00 600.00 Insurance 1,300.00 1,500.00 Licenses 8~ l'emlits 25.00 25.00 Office Su lies 261.12 300.00 Rrintin 1,067.75 1,500.00 Total lx enses 36,249.47 39,500.00 2009 Garllc Fast Proposed Budget-City - ~ ~F ~. :~~ ,:; _~ '' ~~ ~ ,~' 'me'. ~ ~ y~-~r-~~-~-may,.., - ! -- P. M1% ' ~k ~g 7 {? "T ~~ ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: July 9, 2008 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF JULY 15, 2008 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of June 30, 2008 through July 11, 2008. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meetin o~y 9, 2008 A. Approved (4 to 0, Andrew Youngross, Jose Aguila and Connor Lynch absent), a request for a color change for Exxon Mobil Center, an existing gasoline station, located at the northeast corner of South Federal Highway and Avenue "L". B. Approved with conditions (4 to 0), a Class III site plan modification, landscape plan and architectural elevation plan for the Marriott Residence Inn, located at the northeast corner of East Atlantic Avenue and Seabreeze Avenue. The development proposal involves the construction of a 32- room, four story hotel addition at the east end of the existing Marriott Residence Inn and a 38-space off- site valet parking lot on the west side of Seabreeze Avenue. Historic Preservation Board -Meetin of~July 2, 2008 1. Tabled (5 to 0, Jan Kucera absent), a request for a Certificate of Appropriateness and Ad Valorem Tax Exemption Application, Part 1, associated with alterations on a contributing property located at 125 South Swinton Avenue. The Board requested that the applicant provide additional information regarding the proposed improvements. 2. Approved with conditions (5 to 0), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with the conversion of a 1,540 sq. ft. one-story duplex to office and the construction of a 10 space parking lot with associated landscaping for 226-228 & 230- 232 Palm Court (southeast corner of Palm Court and George Bush Boulevard). RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map N SPRAB HPB A. EXXON MOBIL CENTER 1. 125 S. SWINTON AVENUE 8. MARRIOTT RESIDENCE INN 2. 226-228 & 230-232 PALM COURT ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT JULY 2008 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\7-15-08 --DIGIraLeaseMaPSVSrE~U-- MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: July 11, 2008 SUBJECT: AGENDA ITEM 8.0.1 -REGULAR COMMISSION MEETING OF JULY 15, 2008 CONTRACT AWARDBERG DEMOLITION INC. ITEM BEFORE COMMISSION City Commission is requested to approve the demolition of four (4) structures in the City of Delray Beach by Berg Demolition, Inc. for the total amount of $20,025.00 per Quote #1952, dated February 12, 2008. BACKGROUND Richard Bauer, Code Enforcement Administrator requested quotes for four (4) structures scheduled for demolition. The properties located at 13 NW 10~' Ave., 21 NW 12~' Ave., 23 & 25 SW 10~' Ave. and 23 SW 14~' Ave., deemed hazardous due to extensive damage and neglect. Eight (8) vendors were contacted for quotes on this project and four (4) vendors responded: 1) Berg Demolition, Inc. $20,025.00 2) Palm Beach Building Group $27,500.00 3) G&H Construction $30,993.00 4) Landmark Construction $64,900.00 Berg Demolition, Inc. will honor quoted prices to the City of Delray Beach for this project. The approval of this contract award will be subject to execution of the City's standard agreement (copy attached) by the Mayor and subject to approval by the City Attorney's Office. REVIEW BY OTHERS 118-1965-554-34.35, Other Contractual Service/Unsafe Bldgs/Structures FUNDING SOURCE Code Enforcement recommends award to Berg Demolition, Inc in the amount of $20,025.00 for the demolition of the four (4) structures per request and guidelines stated in Quote #1952, received on March 07, 2008, subject to execution of the City's standard agreement and approval by the City Attorney. Z ~O ~a m~ L Ln W O U ~ t" O e"' 0 Y C~} o °o, °c o °c ~ _ QOC °o °o °o °a ~ ~~ ~ m o ~ 0 ~ 0 ~ 0 eo U3 Z z rI~ as ~r ~s ~ O ~U Z OC~ ° ul V ~ v a o 0 a o o a a ~ °' ~ ~ o a ~ a °o ~~ ri ~ o c~ ~ as ~ ~ y {) E7 W t3 0 ~ ~ ~` ti ~` O ~p ? r+ a o o o~ a o a ~o ~ ~ ~ ~ ~ ~- a~ c am Q N z 4 Z '~ ° ~ ~ o ~ .J ~ O ~ N h ~ ^ o ~ N ~ ~ ~ ~ Q ~ ~ . ~ °` ~ O m o ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L ~ R ~ v v y m O m 4! d o ~ L ~ ~ ~ ~ .,r ~ d ^ ~ O ~ +:.~ o a ~ ~ ~ > a > a r ~ ~ o o N N ~ o t d d ° - ~ N ~ z 0 o z E E z ~ ~ C'1 ~ C~ w ~ ~ ^ ~ ^ N H N ~ -~ a~ m a C ar 0 0 R N l1i _A G! .~, L N 0 a a s i i m N L ~~ ~~ ~~ E ~, o~ ~ Page 1 of 1 Nadal, Patsy From: Vicki Gover [vicki@bergdemolition.com] Sent: Thursday, June ~ 9, 2008 '12:08 PM To: Nadal, Patsy Subject: Quotation Request No 9952 Patsy, As per our conversation I just spoke with Richard Berg and we will stiff[ honor our bid to the City of Delray Beach far the above mentioned quota. Our bid is for the 4 locations ~ 21 NW 12~' Avenue 23 & 25 SW 14~' Avenue 23 SW 14 Avenue 13 NW iQtl' Avenue Our bid was submitted on 3]7/48 prior to 3 pm for a total cost of $24,425.44 as a group bid. If you have any further questions please do not hesitate to call me. Thanks, Vcki Gover Berg Demolition Inc, 10058 Spanish Isles Blvd., Suite F-5 Boca Raton, FL 33498 Phone 5b1-239-4396 Fax 561-451-1932 611 912 0 0 8 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: 20_, by and 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 bid 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) Invitation to Bid Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements PAGE NUMBERS CONTRACT DOCUMENTS (cont'd) Sample Insurance Form Drug Free Work Place Certification Specifications Proposal (Schedule of Pricing) Bid Signature Page Statement of No Bid Addenda numbers to PAGE NUMBERS inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. CONTRACTOR shall have days to complete the project. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. 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: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: 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 convenants, agreements and obligations contained in the contract documents. 9. 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 costs 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 Project. 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, his subcontractors, 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 be brought against the CITY on account of 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 his own expense or to provide for such defense, at the CITY'S option, 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 Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. 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 WITNESS: (Print or type name and title) CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor CONTRACTOR: BY: (Print or type name and title) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by or agent, title of officer or agent), of place of incorporation) corporation, on behalf of the corporation. (state or He/She is (personally known to me) (or has produced identification) and has used his/her identification. (type of identification) as Signature of Person Taking Acknowledgment (name of officer Name of Acknowledger Typed, Printed or Stamped CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws 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) MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Guy Buzzelli, CIO Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: July 8, 2008 SUBJECT: AGENDA ITEM 8.0.2 -REGULAR COMMISSION MEETING OF JULY 15, 2008 PURCHASE AWARD/DELL CORPORATION ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of additional disk storage space for the City's SANS (Storage Area Network) unit in the amount of $37,417.45 from Dell Corporation through Florida State Contract # 250-000-03-1 per Quotation #436363465, dated 06/24/2008. BACKGROUND The current SANS is running at almost 93% capacity. The additional disk storage is for the unforeseen growth of information that is now needed for as-built drawings, GIS (Geographical Information System) functions, and large Planning maps. In addition, information exchange and storage is growing at unanticipated rates and City copiers are now being used for scanning and saving documentation on the SANS units. These additional applications continue to use an enormous amount of disk space. The Dell Corporation pricing quote is per Florida State Contract # 250-000-03-1, IT Hardware, effective dates: 08/01/2005 through 07/31/2008. FUNDING SOURCE 1) 334-6112-519-64.11 General Construction Fund $23,417.45 2) 441-5161-563-64.11 Water Sewer Fund $14,000.00 RECOMMENDATION Staff recommend the purchase of additional disk storage for existing SANS units from Dell Corporation in the amount of $37,417.45 per Quote #436363465, dated 06/24/2008. Page 1 of 2 DELL QUOTE #: Customer #: Contrac# #: CustomerAgreement #: Quote Date: Date: B124ID8 72:41:'!2 PM Customer Name: Quorar-oN 436363463 fi7fi80987 70137 ©e11 Std Terms 6!24108 CITY OF DELRAY BEACH MIS TOTAL QUOTE AI4AOUNT: $37,417.45 Product Subtotal: $37,417.45 Tax: $0.00 Shipping 8~ Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 2 GROUP: 1 QUANTITY: 1 SYSTEM PRICE: $21,717.58 GROUP TOTAL: $21,717,58 Base Unit: FC4 Disk Artay Enclosure for CX3-20, CX3~iD, CX3-80 (222.4355) Service: GOLD Enterprise Support: 4-Hour 7x24 On Site Service with Emergency Dispatch,2 Year Ext (97D-2312) Service: Dell Hardware Warranty Plus On Site Service Extended (984126] Service: GOLD Enterprise SupporE: 7x24 Escalation Manager, HwlSw Tech phone Support, Enterprise Command Center, 3Year {970-2572) Service: GOLD Enterprise Support: 4-Hour 7x24 On Site Service with Emergency Dispatch,IniGal Year (970-8430) Service: Dell Wardware Wartanty Plus OnSite Service Initial Year (984.4127) Installation: Installation of up to 2 componerrts {i.e. DAE, Host, Switch, Storage Device, Array Software, Cluster) (987-2519) 30DGB 10K RPM Fibre Channel 4Gbps 3.5-En Motplug Hard Drive (341-5922) -Quantity 15 GROUP: Z QUANTITY: 1 SYSTEM PRICE: $15,fi99.87 GROUP TOTAL: $15,699.87 Base Unit: FC4 Disk Artay Enclosure for CX3-2D, CX3~0, CX3~0 (222-4355) Service: GOLD Enterprise Support: 4-Hour 7x24 On Site Service with Emergency Dispatch,2 Year Ext (974-2312) Service: Dell Hardware Warranty Plus On Site Service Extended (984-4128) Service: GOLD Enterprise Support: 7x24 Escalation Manager, HwlSw Tech Phone Support, Enterprise Command Center, 3Year {970-2572) Service: GOLD Enterprise Support: 4-Hour 7x24 On Site Service with Emergency Dispatch,lnitial Year (g78-SD3D] Service: Dell Hardware Warranty Pius OnSite Service Initial Year (984127) Installation: HARDWARE INSTALL INCLUDI=D IN SANIDAS IMPANST BUNDLE {984-4327] 3DOGB 10K RPM Fibre Channel 4Gbps 3.5-in Hotplug Hard Drive (341922) -Quantity 15 fi1e:1/C:1Dacuments and SettingslbuzzellilLocal SettingslTemporaiy Internet Files10LK2C1... 7/7/2408 Page 2 of 2 For your convenience, your sates representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. Orders may be faxed to the attention of your sales representative to 1-868-607-6914. You may also place your order online at www.deli.comlgta This quote is subject to the temps of the agreement signed by you and Dell, or absent such agreement, to Dell's Terms of Sale. Prices and tax rates are valid in the U.S. only and are subject to change. **5ales/use tax is a destination charge, %e. based on the "ship to" address on your purchase order. Please indicate your taxability status on your PQ. -f exempt, please fax exemption certificate to Dell Tax Department at 888-883-8778, referencing your customer number. if you have any questions regarding tax please caH 800-433-9019 or email Tax Department@dell.com. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose property. Please contact Deil Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_Dell ARS_Requests~dell,com, Mi~eimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as .-an 1, 2005. Prices in your cart do nat reflect this fee. More Info: or refer to URL www.dell.comlenvironmentalfee file://C:1Docu~ents and SettingslbuzzellilLoca~ SettingslTemporary Internet PileslaLK2C1... 7/7/2008 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Plannong and Zoning THROUGH: City Manager DATE: July 3, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF JULY 15, 2008 WAIVER REQUEST/ALOHA CLEANERS ITEM BEFORE COMMISSION Consideration of a waiver request to LDR Section 4.3.4(H)(6)(b)(2) which requires that along Federal Highway a 10' landscape setback shall be provided. The development proposal does not comply with this requirement, and thus, the applicant has requested a waiver. BACKGROUND Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following narrative in support of the proposed waiver: "The site is currently non-conforming, and there are no proposed changes to the existing site other than the addition of the second floor directly on top of the existing structure. It would be impossible to comply with current LDR requirements without completely destroying and rebuilding the existing site. As the current driveway and landscape situation has existed for the past 38 years, it is safe to conclude that the granting of the waiver will not adversely affect the neighboring area. " The existing building was established in 1970, and is today considered a nonconforming structure. The proposed 1,243 sq. ft. second story building addition will be set directly on top of the existing Aloha Cleaners first floor structure and consequently will use its same columns and supporting walls. No additional site development changes are proposed at this time. Provision of the required landscape strip would negatively impact the existing site improvements. If the 10' special landscape setback was provided the back up maneuvering area for the existing parking would be jeopardized and reduced to only a 14' wide two way drive-way which would be inoperable. Hence, the provision of the special landscape setback would have a negative impact on the perpendicular parking tear located adjacent to NE 5~' Avenue. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), (Waiver Findings) to support this waiver request. REVIEW BY OTHERS The Site Plan Review and Appearance Board (SPRAB) reviewed the waiver request at their meeting of June 25, 2008 in conjunction with review of the Aloha Cleaners proposed development. After a brief discussion, the Board moved a recommendation of approval of the waiver on a unanimous vote of 4-0. A detailed description and analysis of the proposal is contained within the attached SPRAB staff report of June 25, 2008. RECOMMENDATION Move approval of the waiver request to LDR Section 4.3.4(H)(6)(b)(2) which requires that along Federal Highway a 10' landscape setbackshall be provided, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR ALOHA CLEANERS ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on July 15, 2008 where the applicant is requesting a waiver to the 10' landscape setback requirement. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Aloha Cleaners. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 4.3.4(H)(6)(b)(2), which requires that along Federal Highway, double frontage lots up to 200' in depth, shall provide a 10' landscape setback. The applicant has requested a waiver to this requirement. 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 minimum width landscape setback waiver request meet all the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 1 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.3.4(H)(6)(b)(2). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of July, 2008, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 25, 2008 ITEM: Class III Site Plan, Landscape Plan, Architectural Elevations, and waiver request for the Aloha Cleaners associated with the construction of a 1,423 sq. ft. second story addition to an existing one story dry cleaner business. The property is located at 501 NE 2nd Street. GENERAL DATA: Owner ........................... Joe and Nancy Barbalaco Applicant ..................:.. Francisco Perez, Perez Design, Inc. Agent .............................. Francisco Perez, Perez Design, Inc. Location .......................... 501 NE 2"d Street (NE corner of NE 5'" Avenue and NE 2nd Street}. Property Size .................. 0.14 Acres Future Land Use Map..... CC {Commercial Core) Current Zoning ................ CBD (Central Business District) Adjacent Zoning....North: CBD (Central Business District) East: CBD (Central Business District} South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use........... Dry Cleaner Business Proposed Land Use........ Construction of a 1,423 sq. ft. second story addition to an existing one story dry cleaner business. Water Service ................. Available via a lateral connection to an existing 8" water main located along NE ,2nd Street r-o-w. Sewer Service ................. Available via lateral connection to an existing 8" sanitary sewer main located within the east alley right-of-way. ~ ~ x x a a W o ~ 3RD 5T. N.E. 2ND ST. a ^® Z a o 0 m m O Q v; z N.E. 1ST 5T. 0 0 Z Z } } ~ _ V] U7 ~~~-fI~-1II--ICI z 7 L A N T I C A V E N U E ~~ ~:~_ .,~~ ITEM BEFORE TN~BQ~iD .:.~~~ ~ ; _..`. The item before the Board is the approval of the following aspects of a Class III site plan request for Aloha Cleaners, pursuant to Land Development Regulations (LDR} Section 2.4.5{F): ^ Site Plan; ^ Landscape Plan; and ^ Architectural Elevations; and © Waiver Requests B - ~. _ ~_--._..~ y .~_~ ~ ~CKGROIJN~. The subject property consists of the south 50 feet of Lot 10, Block 106, Town of Delray, and is 0.14 acres. The property is located at the northeast corner of NE 5t~' Avenue (southbound Federal Highway} and NE 2°~ Street and is zoned Central Business District (CBD}. The building was originally constructed in 1970 to accommodate a dry cleaning facility. In 1993, as a part of the citywide landscape compliance action, the properly was improved and brought into compliance with respect to landscaping. At its meeting of May 22, 2002, the Site Plan Review and Appearance Board {SPRAB} approved a Class I site plan modification for the relocation of the storefront from the south side to the west side of the building {approximately 3.6 feet further to the west}. This proposal resulted in an elevation change and an 86 sq. ft, expansion for Aloha Cleaners. A Class Ill site plan, landscape plan, architectural elevations, and waiver requests for the Aloha Cleaners associated with the construction of a 1,423 sq. ft. second story addition to the existing one story dry cleaner business is now before the Board for action. - - .: JECT.1~1 '~ _ The development proposal incorporates the following: © Construction of an 1,243 sq. ft. second story building addition to accommodate all dry- cleaning equipment; existing first story will accommodate customer service area and conveyors; and, © Installation of a bicycle rack, parking area, and associated landscaping. The site plan application also includes a special action parking reduction and waiver requests to the following section of the City's Land Development Regulations: 1. Special Action Request pursuant to LDR Section 4.6.9{F)(1), which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use; 2. LDR Section 4.3.4 (H}(6)(b){2), which requires that along Federal Highway, double frontage lots up to 200' in depth shall provide a 10' landscape setback. Site Plan Review and Appearance Board Staff Report: Meeting of 06/25/08 Aloha Cleaners Class III Site Plan, Landscape Plan and Architectural Elevations Page 2 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. LDR Section 4.4.13 (F} -Central Business District Design Guidelines: The following table indicates that the development proposal does not meet the requirement of LDR Section 4.4.13 (F} (4} (b} and {c}, as they pertain to the Central Core area of the CBD zoning district design guidelines. Aloha Cleaners y -_ C~~mhly Roadi ' 13Uiid[tlt~ °-n Building f-'ei~tllrC.~~ RecJuieed gUttdFilf~ Rr+~posed _ ~,~ LDR? E iUl~4jlnl~ Height FfC7nt,lge ~~~ttia~k Frontage BUI~lilnl] SidE c ('min. max) Frank, ige p~ 4, i~t-aJr'tF.id ~; ~: -- Y N ~dE ~~~~ Finished grade to 70%.190% 10 max 32' 141' 0' ~' AVPflUF' ---- 3T 45' Lot Remaining ' ' ' Frontage length min. 15 13 14 30 Aloha Cleaners R-O ~N.. -.I i nuonc~ grade to NE ?nd - ~ 25' Streat c 125' Lot Frontage 8uildlng Neiphf: Open Space: °r~ Buildin%J Required Frontage. Pequired Buiidirtg (n~inlrnax) ~°tback Fmnfi~rJe 70% .190% 110' max 188' 1 113' Remaining 15' min. 37' 1 12' length Min. 25' / Max.48' 10% 0' 52' Provided: 29' 13.13% The existing development is consider anon-canfarming structure with regard to compliance with CBD zoning district design guidelines set back and frontage requirements. However, the proposed second floor building addition reduces the existing non-conformity in terms of height and brings the development closer into compliance with the LDR Section 4.4.13{F) CBD zoning district design guidelines. Site Plan Review and Appearance Board Staff Report: Meeting of 06/25/08 Aloha Cleaners Class 111 Site Pian, Landscape Plan and Architectural Elevations Page 3 Special Landscape Setback: Pursuant to LDR Section 4.3.4{H)(6}{b}, within the special landscape setback no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to struc#ures on, or provide access to, the site and then only when generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways further, LDR Section 4.3.4{H)(6}{b}{2} requires that slang 1=ederal Highway, double frontage lots up to 200' in depth require a 10' landscape setback (the property is considered double frontage). The development proposal does pat comply with this requirement, and thus, the applicant has requested a waiver to the 10' special landscape set back. The applicant has submitted the following verbatim narrative in support of the waiver: "The sife is currently pan-conforming, and fhere are no proposed changes to fhe existing site other than fhe addition of the second floor directly on top of fhe existing structure. It would iae impossible to comply with current L,DR requiremenfs without completely desfroying and rebuilding the existing site. As the current driveway and landscape situation has exisfed for the past 38 years, it is safe to conclude that the granting of the waiver will not adversely affect fhe neighboring area." 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 no# create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver Analysis: The existing building was established in 1970, and thus, it is today considered a nonconforming structure as per current Land Development Regulations. The proposed addition is set directly on top of the existing structure and consequently uses its same columns and supporting walls. Indeed, it would be impossible to comply with the current LDR requirements without completely demolishing the existing building and rebuilding the entire site. Given the nature of the existing building and the proposed building addition, application of this requirement could be considered onerous. If the 10' special landscape setback was provided the back up maneuvering area far the existing parking would be jeopardized and reduced to only 14' wide two way driveway which would be inoperable. Hence, the provision of the special landscape setback would have a negative impact on the perpendicular parking tear located adjacent to NE 5th Avenue. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8}(5), {Waiver Findings) to support this waiver request. Off-Street Parking Pursuant #o LDR Section 4.8.9(C){3}, General Commercial uses shall provide 4.5 spaces per 1,000 square feet of gross floor area. The proposed 1,243 sq. ft second story addition plus the Site Plan Review and Appearance Board Staff Report: Meeting ofo6126108 Aloha Cleaners Class Ili Site Plan, Landscape Plan and Architectural Elevations Page 4 existing 1,405 sq. ft dry cleaning facility will require the provision of 13 parking spaces. There are only seven spaces provided on site resulting in a shortage of six parking spaces. Pursuant to LDR Section 4.6.9(F){1 }, when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use, the body which acts on the attendant site plan may reduce the parking requirements accordingly. The applicant has submitted the attached letter dated April 23, 2008 as the "special documentation" to justify the reduced number of parking spaces. The following is an excerpt from such letter: `Aloha Cleaners, an existing dry cleaning establishment which has been in operation since 9964 currenfly occupies 9,423 SF, which would require a total of seven parking spaces to be provided. There are currenfly seven parking spaces an site, plus adrive- thru lane which holds two vehicles for quick pick-up or delivery. The existing parking spaces on site are never occupied in fheir entirety, and those spaces that are occupied are only occupied for a few minutes, as most customers walk in to pick up and/or deliver, and walk right out. The owners of Aloha Cleaners would like to add a second floor fo the existing building, to bring fhe total gross area of fhe establishment fo 2, 805 SF. The purpose of fhe addition is to improve the working envlranmenf of the employees by adding proper clearances around fhe machines, to add machines so the same number of employees can perform differenf fasks, and to improve their customer services experience, efficiency and image. The renovafed building area would require 13 parking spaces fo be provided on site. However, due fo fhe small nature of the site, it is impossible to provide the six additional parking spaces. We respecffully request you consider waiving the requirement for additional parking spaces, for the following reasons: Doubling the total grass area of fhe facilify would not double the amount of employees on site. Technological advances in the Dry Cleaning Business have resulted in specialized equipment fo fake care of different clothing items. Because the building was designed around technology available in 7964, today's equipment is too close together and does not afford the proper clearances for fhe employees to perform fheir tasks efficiently. Therefore, adding machines does not mean adding employees. The same employee -can utilize different, specialized machines, to perform different-tasks for fhe same clothing ifem. For example, and employee "work station" may- consist a presser, a pant topper, a suzle, and a puffer. Currently all employees share several of these machines, making fheir work inefficient and unsafe. The added square footage will allow employees to have complete "work stations" fo improve fhe quality of fheir work environment and, consequently, their efficiency. 2. Doubling the total gross area of the facilify would not double the amount of customers with cars on sife. (a) The reason for increasing fhe customer service area is to expedite service to customers. With larger counter space, cusfomers will be handled with more efficiency, decreasing their waiting time, and therefore, decreasing the Time they occupy a particular parking space. (b) One of fhe reasons for fhe expansion is also fo increase fhe volume of fheir pick-up and delivery business. As advertised on the yellow pages add (see Site Plan Review and Appearance Board Staff Report: Meeting of 06/25/08 Aloha Cleaners Class lil Site Plan, Landscape Plan and Architectural Elevations Page 5 attached) a large portion of fheir business is based on pick up and delivery. Increasing fhis portion of fheir business wil! not result in a need far more parking spaces. (c) Aloha Cleaners new pick-up and delivery branch on Atlantic Avenue has increased the facilify's volume of work, without increasing customer traffic at this location. (d) In the dry cleaning business, volume of work does not necessarily mean more items, but larger items. Rugs, curtains and comforters are very large items that require large amounts of space to handle and clean. Much of the added space is dedicafed far the handling, cleaning and femporarily holding fhese large items. (e) The increase in number in residenfial units around Aloha cleaners (fownhouses, lofts, condos, etc) has resulted in an increase in pedestrian traffic on the facility. Aloha Cleaners has been fortunate in the past few years, because of so many multi-family projects have been constructed in their immediate vicinity. This was the goals of our city visionaries. A city where many of us can walk to our services (banks, dry-cleaning, restaurants, etc) The fact that Aloha Cleaners can now increase their volume without increasing the need for automobile traffic is a testimony of the success of that vision. 3. Avast portion of fhe gross area in a dry cleaning establishment is dedicated fo machinery and conveyors. Drying cleaning machines, steamers, vacuum presses, drape pleater, puffers and other equipment are typically large, and fhere are required clearances around the equipment for proper operation and maintenance. Therefore, the equipmenf, for workers to function efficiently, needs plenfy of working space around Them. Currently, employees work under very limifed space around the equipmenf, not because of an excessive equipment, but because conveyors and racks for large items such as curtains, rugs and comforters have overtaken most of fhe space. The additional space wil! allow for the machinery to be upgraded fo current models and for proper clearance for operation and maintenance around fhe equipment. Mr. and Mrs. Barbalaco fogefher with fheir son and daughters have owned and operafed Aloha Cleaners for the past 90 years. They are a committed business institution in our area, and they are committed to continue to provide and improve a service that we all need. They are extremely excited about the changes in the downtown. Town homes and businesses have sprouted around them and are improving the image of our city, and they are increasing the numbers of pedestrian cusfomers. The Barbalacco family too, would like to improve the image of our city, by improving the image on an already outdated building. Using art-deco and contemporary motifs found in neighboring structures, vivid colors, glazing, overhangs and decorative parapets, the new Aloha Cleaners will be a refreshing structure on the North East Corner of Fifth Avenue and N.E. Second Street." The applicant's justification for the reduction of parking is based on the functional operation of the dry cleaning fiacility. It appears that the purpose of the addition is to improve the working conditions ~ and environment for the employees. The applicant states that the building was designed following the requirements of the available technology in 1964. By today design standards and with state-of-the-art technology in the dry cleaning business, it appears that the existing space available at Aloha Cleaners is insufficient for the employees to perform their task in an efficient and productive manner. Equipment is too close and cramped, and required clearances are not being provided. Site Plan Review and Appearance Board Staff Report: Meeting of 0612510$ Aloha Cleaners Class III Site Plan, Landscape Plan and Architectural Elevations Page 6 The applicant has also indicated that the added square footage will allow employees to have efficient "work stations" to improve the quality of their work environment. One of the reasons far the expansion appears to be the need to increase the volume of their pick-up and delivery business. The applicant has stated that the Aloha Cleaners new pick-up and delivery branch an Atlantic Avenue has managed to increase the volume of work, without increasing customer traffic at this location. However, when considering a parking reduction for the Aloha Cleaners second story expansion the following facts play an important role: A reduction in parking requirements for the subject property would be applied for any and all future uses that may be established an this site. The requested reduction would have a negative impact on the functional operation of potential future uses with regard to parking availability. • The length of time or permanency of a proposed use is also an important factor when granting this parking reduction request. Based on the above arguments, Board discretion is recommended for this parking reduction request. It is Hated that in the event that the Board decides to support the parking reduction request it should only be done subject to the following conditions: That the property be occupied and utilized by a dry cleaning service retail use in accordance with the approved application for the project; 2. That a voluntary deed restriction (requiring provision of additional parking or relief with a change of tenant) and the on-site restriction of the dry cleaning retail use be included in any future lease associated with this property; 3. That in the event that the dry cleaning retail use vacates the property, the properly owner, its successors and assigns, shall be restricted to leasing any portion of the property so vacated to a permissible use that does not require additional parking demands aver and above that which is currently required; 4. That in the event that any proposed new use on the property creates a demand for parking greater than that which is currently required, the property owner, its successors and assigns, shall be required to submit any and all proposed new uses for review by the City to ensure that parking requirements are satisfied; 5. That in the event that a waiver is required for any proposed use, the properly owner, its successors and assigns, shall file an application for a waiver and the City may or may not grant such waiver; and 6. That in the event the dry cleaning retail use ceases, any new use shall be required to comply with the City's current parking regulations, unless a waiver is granted. l_DR Article 4.6 -Supplemental District Regulations: Point of Access to a Street or an Alley: Pursuant to LDR Section 4.6.9 {D) (3) (b), requires that the paint of access to a street or alley shall Hat be less than 24' for a normal two-way private street or parking lot driveway aisle. However, twenty feet (20) shall be provided for a private driveway which has less than 2Q0 ADT. Site Plan Review and Appearance Board Sta#f Report: Meeting of 06/25/08 Aloha Cleaners Class I!I Site Plan, Landscape Plan and Architectural Elevations Page 7 The proposed ingress and egress driveway to NE 2"~ Street has less that 24'. It is noted- that the proposed 1,243 sq. ft. second story addition will only generate 2 a.m. peak hour new net trips and 3 p.m. new net peak hour trips and a total of 123 Average Daily Trips {ADT) which falls within the ADT threshold required by the LDRs. In addition, there are three points ofi access to the subject property, two located along NE 2"d Street and one located along NE 5t" Avenue, and thus, access to this facility would be balanced and evenly distributed. The existing dry cleaning service has been in existence for over thirty years, and thus, the numbers of existing trips associated with this use are vested. Based on the above positive findings can be made with respect to this LDR requirement Handicap Accessible Parking; Pursuant to LDR Section 4.6.9(C) (1) {b}, special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code far Building Construction. (Accessibility for residential structures is covered by the Federal Fair Housing Act). Pursuant to the Florida Accessibility Code far Building Construction, two percent (2%) of the parking spaces serving the development must be handicap accessible. Based upon the 13 parking spaces required, the development needs to provide a minimum of one (1) handicap accessible parking space and one (1) handicap accessible parking space has been provided. Thus, this LDR requirement has been met. Bicycle Parking: LDR Section 4.6.9(C) (1) (c) and Transportation Plan recommend that a bicycle parking facility b along the rear of the proposed building on the requirement has been met. Element Policy D-2.2 of the Comprehensive e provided. One bike rack has been located east side of the oropertv. Thus. this LDR Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates an the fourth side, unless such areas are not visible from any adjacent public right-of way. Typically, dry-cleaning businesses produce very little or almost no organic trash. Thus, instead of a regular dumpster a roll-away trash container and recyclable containers have been depicted on the floor plan, behind the overhead door located to the east side of the building (see sheet A210). Thus, this LDR requirement has been met. Lighting: A photometric plan consistent with the requirements of LDR Section 4.6.8 shall be submitted, and thus, this is attached as condition of approval. There are no light pales an the site and all proposed light fixtures are wall mounted. A cut sheet of the wall mounted light fixtures has been provided (see sheet A101, detail 05). Right-of Way Dedication: Alley: Pursuant to LDR Section 5.3.1(D) {2}, the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D} (3), additional right-of--way width may be required to promote public safety and to ensure adequate access, circulation and parking in high intensity use areas. Such a determination shall be advanced by a recommendation from the City Engineer. The authority for requiring such additional right-of-way shall rest with the body having the approval authority of the associated development application. The existing east alley right-of-way width is 16'. The development proposal will provide Site Plan Review and Appearance Board Staff Report: Meeting of 06/2510$ Aloha Cleaners Class III Site Plan, Landscape Plan and Architectural Elevations Page 8 customer parking off the alley. The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of 20', which is consistent with the widths provided with other redevelopment proposals located in the CBD District. Therefore, a dedication of two feet (2'} from the subject property is required and has been depicted on the site plan. Thus, this requirement has been met. The 2' r-o-w dedication along the east alley shall be executed by deed agreement between the City of Delray Beach and the land owner, and thus, this is being attached as a condition of approval. Sight Visibility Trianctles: Pursuant to LDR Section 4.6.14{A)(1), a 20' sight triangle is required at the intersection of N.E. 2"d Street and the east alley driveway, as well as the intersection of NE 2nd Street and the main ingresslegress driveway. The sight triangles shall be depicted on the site plan and landscape plan, and thus, this attached as a condition of approval. Pursuant to LDR Section 4.6.14{A)(2), a 40' sight triangle is required at the intersection of N.E. 5t" Avenue and N.E. 2"d Street. The sight triangle shall be depicted on the site plan and landscape plan, and thus, this attached as a condition of approval. OTHER ITEMS: Federal Hiahwav Cost of Improvements Obliaations: The proposed project is located at the northeast corner of NE 5`" Avenue (Federal Highway} and NE 2"d Street and as such, improvement costs for the enhancement of the US-1 corridor (Comprehensive Plan Policy D-3 1.3, page TR-49) will apply. The City 1=ngineer shall set the cost of improvements obligations an Federal Highway and the applicant shall comply with this requirement before issuance of a building permit. Thus, this is attached as a condition of approval. Underaroundina of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect has been placed on the site plan, and thus, this LDR requirement has been met. Site and Enclineering Plan Preliminary Technical ltems: There are no preliminary technical comments to be addressed by the applicant ~..~ ~` ~C?~C ~E PLAN ~~'SIS A landscape plan has been submitted and evaluated by the City Horticulturist. The plan provides for perimeter landscaping of the parking area. A variety of plants and groundcover materials are employed to enhance the development. The City Horticulturist has reviewed the landscape plan submitted by the applicant and has found that some landscape technical items will have to be addressed. Based on the above analysis, the Landscape Plan complies with LDR Section 4.6.16, provided the technical items are addressed. Site Plan Review and Appearance Board Staff Report: Meeting of 06/25/08 Aloha Cleaners Class III Site Plan, Landscape Plan and Architectural Elevations Page 9 Landscape Plan Technical items; While the landscape plan has accommodated most of the staff concerns, the following i#ems remains outstanding, and mus# be addressed prior to plan certification: 1. Currently, there is no foundation planting provided. Aesthetically, this issue may want to be addressed by SPRAB; 2. Additionally, the planting of one (1 } Royal Palm and one {1 } Sabal Palm along the south side of the property takes away from the continuity of the landscape. Preferably, staff would rather see a cluster of three {3} palms that are of the same species planted together as a focal point; ` ARCHITECTURAL EL~EVATIQNS A~ALYSIS:= fLDR Section 4.G.'18(E] ~ Criteria for Board Action: The following criteria shall be considered by the Site Plan Review and Appearance Board {SPRAB}, in the review of plans for building permits. If the fallowing criteria are not met, the application shall be disapproved: 1. The plan ar the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or 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. 3. The proposed structure, ar project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architectural style of the proposed development is best described as contemporary with strong influence of the Bauhaus Architecture. The Bauhaus influence is reflected in the geometry of the building with predominantly horizontal lines and the modular rhythm of the storefront windows and doors. The proposed roof is flat and contains the AC mechanical equipment screened with a 4' high parapet. The first floor west and south elevations will include a new impact resistant store front window and door systems with a white painted metal frame. The second floor west and south elevations will include impact resistant slider windows, rectangular shape fixed picture windows and one floor to ceiling fixed corner window. The south elevation will feature a 3' cantilevered metal shade, and a 1' deck overhang will visually separate the first and second floor. The first floor east elevation contains two roll up metal doors (one existing for the trash and recyclable bins and one being proposed for the mechanical room); the second floor of the east elevation contains a 42" high aluminum guard railing for the covered balcony and a roll up metal door with removable aluminum guard railing. The wolfs will be smooth stucco finish and will be painted with a green, gold, and white color. The architectural style of the proposed second story building addition will provide a new look to the building. The proposed design is a good architectural product and will be architecturally harmonious with the surrounding buildings (Ocean City Loft, Fifth Avenue at Delray, Porto-al-Mare, and Santa Fe Salon}. Based upon the above, positive findings can be made with respect to LDR Section 4.6.18(E}. Site Plan Review and Appearance Board Staff Report: Meeting of 06/25108 Aloha Cleaners Class III Site Plan, Landscape Plan and Architecture{ Elevations Page 10 ~- -- ' _ .REQUIRED ~INa1NG;S; ._ :;:. - _ __ Pursuant to LDR Section 3,1.1 (Required Findings), prior to the approve! of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through informa#ion on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) -Future Land Use Map: The subject property has a Future Land Use Map (PLUM) designation of Commercial Core (CC) and a zoning designation ofi CBD which are consistent with one another. Pursuant to LDR Section 4.4.13(B)(3), restaurants and outdoor cafes are allowed as a permitted use in the CBD zoning district. Thus positive findings can be made with respect to PLUM consistency. LDR Section 3.1.1 (B} - Concurrency: As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, open space, and solid waste. LDR Section 3.1.1(C) -Consistency (Standards for Site Plan Actions): As described in Appendix "B", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1(D) -Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted. Future Land Use Elemenf Objecfive A-9: Property shat! be developed or redeveloped in a manner so fhat fhe future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimenfary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The Aloha Cleaners dry-cleaning service has been in operation since 1970. The property is bordered an the west side NE 5t" Avenue right-of--way and a vacant lot which is the future site of Fifth Avenue Flats, a multiple family residential development; the east by the alley r-o-w and a one story officelretail structure built in 1936; by a laundromat service shop built in 1970 on the north; and a multiple tenant retail structure built in 1950 on the south side. The proposed second story building addition is set directly on top of the existing structure and consequently uses its same columns and supporting walls. The existing development is consider a non-conforming structure with regard to compliance with CBD zoning district design guidelines set back and frontage requirements. However, the proposed second floor building addition reduces the existing non-conformity in Site Plan Review and Appearance Board StafF Report: Meeting of 06/25/08 Aloha Cleaners Class Ill Site Plan, Landscape Plan and Architectural Elevations Page 11 terms of height and brings the development closer into compliance with L.DR Section 4.4.13{F} of the CBD zoning district design guidelines. Since the adoption of the 1989 Comprehensive Plan, the downtown has changed from a somewhat seasonally oriented shopping area to a more dynamic and vibrant retail, service, and entertainment area with an active nightlife. A critical housing and mixed-use element has been slowly added to the downtown area. The dry-cleaning service has been in operation for several years and its expansion will help to fulfill the need of retail and commercial services required by the adjacent office, mixed-use, and residential areas. The proposed development will be complimentary to adjacent land uses. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-12.3: In evaluating proposals for new development or 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 tin terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the expansion of this existing dry cleaning service will aid in the economic stability of the downtown area. The expansion of the commercial component (dry-cleaning service} will also likely improve the safety of the area by introducing more daylearly evening commercial activity and more "eyes on the street" to observe what is happening in the area, which will be a deterrent to criminal activity. The expansion of the existing dry cleaning service will result in an estimated 123 Average Daily Trips at project build-out and 2 a.m. peak hour new net trips and 3 p.m. new net peak hour trips, and thus, the number of daily trips generated will not negatively impact the area. The existing dry cleaning service has been in existence for over thirty years, and thus, the numbers of trips associated with this use are vested. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment: Particular emphasis is fo be placed on development within the TCEA Area. The development proposal has accommodated one bicycle parking facility {i.e. bike rack} an site. Based upon the above, the development will comply with Transportation Element Policy D- 2.2. LDR Section 2.4.5(F) [5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: Site Plan Review and Appearance Board Staff Report: Meeting of 06/25/08 Aloha Cleaners Class III Site Plan, Landscape Plan and Architectural Elevations Page 12 Zonin Use: North Central Business District CBD A Laundromat service sho built in 1970 South Central Business District (CBD} A multiple tenant retail structure built in 1954 East Central Business District (CBD} The alley r-o-w and a one story officelretail structure built in 1936 West Centro! Business District (CBD} NE 5t Avenue r-o-w and a vacant lot future site of Fifkh Avenue Flats With respect to the uses, compatibility is not a concern. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown as a whole will benefit by the change of look from a progressively dilapidating building and the inclusion of a renovated structure. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties and the properties will not experience a depreciation of property values. ..~ ~_ -~. ~ REViE~Y QTHEf_~~~~ , Community Redevelopment Area (CRA): At its meeting of May 22, 2008, the Community Redevelopment Agency (CRA) reviewed the developmen# proposal and recommended approval with the following comments: Board recommends approval, with the parking reduction. However, there should be a site plan condition of approval that the property be limited to this use (dry-cleaning), unless additional parking can be provided in the future. Downtown Development Authority (DDA): At its meeting of June 9, 2008, the Downtown Development Authority {DDA) reviewed the development proposal and recommended approval of the Aloha Cleaners project with the following comment: • That the 7-parking space reduc#ion apply only to this use of a dry cleaners. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/ar civic associations: - Neighborhood Advisory Council - Delray Beach Chamber of Commerce Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board {SPRAB) meeting. _ ~ .~-~- AS~~-;~~.~~T AND C~NCLtJSIQ~~ = , The development proposal involves a 1,423 sq. ft. second story addition to the existing one story dry cleaning business. The provision of additional commerciallretail development within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed development is consistent with required findings under Chapter 3, and Section 2.4.5{F)(5) (Compatibility) of the Land Development Regulations, and policies of the Comprehensive Plan, provided the conditions of approval are addressed. Site Plan Review and Appearance Soard StafF Report: Meeting of 06/25/08 Aloha Cleaners Class III Site Plan, Landscape Plan and Archifectural Elevations Page 13 A ~~ ALTERNATIVE ACTIONS A. Continue with direc#ion. B. Move approval of the waiver request, special action request, and Class III site plan, landscape plan and architectural elevations for Aloha Cleaners, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{F), 2.4.7(B} (5}, and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the waiver request, special action request, and Class III site plan, landscape plan and architectural elevations for Aloha Cleaners, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F), 2.4.7(6} {5}, and Chapter 3 of the Land Development Regulations. .~ w..~.... _.~. - ~T~cFI~-$~~:I~M~111=;~~1~~C)N ~ ~ ; By Separate Motions: Special Action Request: Move approval of the reduction to parking spaces required pursuant to LDR Section 4.6.9 (C) (3) (a), by 6 spaces (from the 13 parking spaces required to the 7 parking spaces provided), based on LDR Section 4.6.9(F}{1), which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use, subject to the following conditions: 1. That the property be occupied and utilized by dry cleaning service retail use in accordance with the approved application for the project; 2. That a voluntary deed restriction {requiring provision of additional parking or relief with a change of tenant} and the on-site restriction of the dry cleaning retail use be included in any future lease associated with this property; 3. That in the event that the dry cleaning retail use vacates the property, the property owner, its successors and assigns, shall be restricted to leasing any portion of the property sa vacated to a permissible use that does not require additional parking demands over and above that which is currently required; 4. That in the event that any proposed new use on the property creates a greater demand for parking than that which is currently required, the property owner, its successors and assigns, shall be required to submit any and all proposed new uses for review by the City to ensure that parking requirements are satisfied; 5. That in the event that a waiver is required for any proposed use, the property owner, its successors and assigns, shall file an application for a waiver and the City may or may not grant such waiver; 6. That in the event dry cleaning retail use ceases, any new use shall be required to comply with the City's current parking regulations, unless a waiver is granted. Site Plan Review and Appearance Board Staff Report: Meeting of 06/25/08 Aloha Cleaners Class III Site Plan, Landscape Plan and Architectural Elevations Page 14 Waiver Repuests: 1. Move approval of the waiver request to LDR Section 4.3.4 (H)(6)(b)(2), which requires that a 10' landscape setback be provide along NE 5"' Avenue (Federal Highway), by adapting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7{B) (5). Class V Site Plan: Move approval of the Class II I site plan for Aloha Cleaners, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, subject to the following conditions: That four (4) copies of the revised plans are submitted addressing all conditions of approval; 2. That a two {2) feet R-O-W dedication along the east alley be executed by a deed agreement between the City of Defray Beach and the land owner and recorded prior to site plan certification; 3. That a 20' sight triangle is depicted, on site plan and landscape plan, at the intersection of N.E. 2n~ Street and the east alley driveway, as well as the intersection of NE 2~d Street and the main ingresslegress driveway; 4. That a 40' sight triangle is depicted, on site plan and landscape plan, at the intersection of N.E. 5th Arienue and N.E. 2"d Street. 5. That the applicant shall submit a photometric plan to comply with City standard illumination levels and with the requirements of LDR Section 4.6.8; and 6. That the City Engineer shall set the cost of improvements and beautification obligations on Federal Highway and the applicant shall comply with this requirement before issuance of a building permit. Landscape Plan: Move approval of the landscape plan for Aloha Cleaners, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions: That three (3) copies of the revised plans are submitted addressing all conditions of approval as indicated in the staff report; Archifecfural Elevations: Move approval of the architectural elevations for Aloha Cleaners, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Staff Report Prepared by: Estelio Brefo, Senior Planner. Attachmenfs: Appendix `;4';• Appendix `B°; Appendix "C'; Sife Plan; Landscape Plan and Architectural Elevations. ~---~ -~- APPENDIX <<A„ ~' CO~NCl1RRENCY FINDINGS ~'~ Pursuant to LDR Section 3.1.'t(B}, Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water is available via a lateral connection to an existing 8" water main located along NE 2nd Street r-o-w. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the east alley right-of--way. Adegtuate fire suppression will be provided via an existing fire hydrant located at the northeast corner of NE 5 h Avenue and NE 2th Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: A trafFic statement has been submitted that indicates that the second story building addition will generate will generate only 2 a.m. peak hour net new trips and 3 p.m. net new peak hour trips. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The trash generated by the existing dry cleaning building will be 7.16 tons per year (1,405 x 10.2 = 14331 / 2,000 = 7.18). The proposed addition will generate 7.25 tons of solid waste per year {1,423 x 10.2 = 14,51512,000 = 7.25). This will be a net increase of 7.25 tons per year compared to the office use and a total of 14.41 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. Drainage: There are no modifications to the footprint of the building and the existing drainage system wil! be maintained (exfiltration trench}. Thus, there should be no impact on drainage as it relates to this Level of service standard and there are no problems anticipated in complying with SFWMD requirements since the property has been in operation for more than 20 years. Schools: The project con#ains no residential component. Therefore, school concurrency is not applicable. API?ENDIX "B„ STANDARDSFOR-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 a licable Meets intent of standard Does not meet intent X -This standard will be met once the attached conditions of approval oertainina to the photometric Dian have been addressed. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D»1 and D-2 of the Transportation Element. Not a licable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable ~ X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable ~ X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable ~ X Meets intent of standard Does not meet intent F. Property shall be developed 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 a licable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision o€ 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 ofi 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 a iicable 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 a livable 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 Does not meet intent EXHIBIT "C" SITE AND ENGINEERING PLAN TECHNICAL ITEMS Preliminary Engineering Technical Comments: ~ . No comments. f~er~z ~esic~n RrU~iteccure Plena€nq & Design ~ nCOI`~3©rafied AA-002886 April 23, 2008 Mr. Paul Dorling Director Planning and Zoning Department Ciry of Delray Beach, Florida Reference: Aloha Cleaners - 501 ~lE 2"~ Street Dear Paul: o~ ~---~__..._.._.__ - ~~ ~~ .AVPR.. ~_~..2008__.~ ~Ni ~~ As per the Planning and Zoning Department, a Dry Cleaning establishment should be required to provide parking as per LDR section 4.6.9{C){3){a), General Commercial Uses, at the rate of 4.5 spaces per 1,000 SF. Aloha Cleaners, an existing dry cleaning establishment which has been in operation since 1964 currently occupies 1,423 SF, which would require a total of seven parking spaces to be provided. There are currently seven parking spaces on site, plus adrive-thru lane which holds two vehicles for quick pick-up or delivery. The existing of parking spaces on site are never occupied in their entirety, and those spaces that are occupied and only occupied for a few minutes, as most customers walk in to pick up andlor deliver, and walk right out. The owners of Aloha Cleaners would like to add a second floor to the existing building, to bring the total gross area of the establishment to 2,805 SF. The purpose of the addition is to improve the working environment of the employees by adding proper clearances around the machines, to add machines so the same number of employees can perform different tasks, and to improve their customer services experience, efficiency and image. The renovated building area would require 13 parking spaces to be provided on site. However, due to the small nature of the site, it is impossible to provide the six additional parking spaces. We respectfully request you consider waiving the requirement for additional parking spaces, for the following reasons: Doubling the total grass area of the facility would not double the amount of employees on site. Technological advances in the Dry Cleaning Business have resulted in specialized equipment to take care of different clothing items. Because the building was designed around technology available in 1964, today's equipment is too close together and does not afford the proper clearances far the employees to perform their tasks efficiently. Therefore, adding machines does not mean adding employees. The same employee can utilize different, specialized machines, to perform different tasks for the same clothing item. For example, and employee "work station" may consist a presser, a pant tapper, a suzie, and a puffer. Currently all employees share several of these machines, making their work inefFcient and unsafe. The added square footage will allow employees to have complete "work sta#ions" to improve the quality of their work environment and, consequently, their efficiency. 4205 West Atlantic Avenue, Suite 304 Delray Beach, FL 33445 Phone. 561.279.2006 Fax. 561.2792801 • Page 2 April 24, 2008 2. Doubling the total gross area of the facility would not double the amount of customers with cars on site. (a) The reason for increasing the customer service area is to expedite service to customers. With larger counter space, customers will be handled with more efficiency, decreasing their waiting time, and therefore, decreasing the time they occupy a particular parking space. (b) One of the reasons for the expansion is also to increase the volume of their pick-up and delivery business. As advertised on the yellow pages add (see attached} a large portion of their business is based on pick-up and delivery. Increasing this portion of their business will not result in a need for more parking spaces. {c) Aloha Cleaners new pick-up and delivery branch on Atlantic Avenue has increased the facility's volume of work, without increasing customer traffic at this location. {d) In the dry cleaning business, volume of work does not necessarily mean more items, but larger items. Rugs, curtains and comforters are very large items that require large amounts of space to handle and clean. Much of the added space is dedicated for the handling, cleaning and temporarily holding these large items. (e) The increase in number in residential units around Aloha cleaners (townhouses, lofts, condos, etc) has resulted in an increase in pedestrian traffic on the facility. Aloha Cleaners has been fortunate in the past few years, because of so many multi-family projects have been constructed in their immediate vicinity. This was the goals of our city visionaries. A city where many of us can walk to our services {banks, dry-cleaning, restaurants, etc) The fact that Aloha Cleaners can now increase their volume without increasing the need for automobile traffic is a testimony of the success of that vision. 3. Avast portion of the grass area in a dry cleaning establishment is dedicated to machinery and conveyors. Drying cleaning machines, steamers, vacuum presses, drape pleater, puffers and other equipment are typically large, and there are required clearances around the equipment for proper operation and maintenance. Therefore, the equipment, for workers to function efficiently, needs plenty of working space around them. Currently, employees work under very limited space around the equipment, not because of an excessive equipment, but because conveyors and racks for large items such as curtains, rugs and comforters have overtaken most of the space. The additional space will allow for the machinery to be upgraded to current models and for proper clearance for operation and maintenance around the equipment. Mr. and Mrs. Barbalaco together with their son and daughters have owned and operated Aloha Cleaners for the past 10 years. They are a commifted business institution in our area, and they are committed to continue to provide and improve a service that we all need. They are extremely excited about the changes in the downtown. Town homes and businesses have sprouted around them and are improving the image of our city, and they are increasing the numbers of pedestrian customers. The Barbalacco family too, would like to improve the image of our city, by improving the image on an already outdated building. using art-deco and contemporary motifs found in neighboring structures, vivid colors, glazing, overhangs and decorative parapets, the new Aloha Cleaners will be a refreshing structure on the North East Comer of f=ifth Avenue and N.E. Second Street. Respectfully, ~ ~ ~ ~t ~ ~ Francisco Perez-Azua, President Perez Design Inc. 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I .. ., I - ,III I I I I ~- :V I I I I ~ F ~'~ ~v ~ Q '~ N4L v'; ~ ~ ~~a Zn ~ 7~~ ~f 5 8[ ~ ~ •°e3 ~ e .~ I~~ $$3~~~ ~NC]'SP~Z3N [OS ;8] { i ~° d $ ~~4~e x ~ ~a ~ ~ d h ®~ ~ : _ s° ~ ~ 3 eg a d s' I ~I I FI I e I ~F ~~» X99 I I I I 1= I r--~ ~I --~ II - L- II I~ r--~° _ I Ir I _ _~-. i'i 85 x:39 ~„ I- I a. - _= II E ~ ~ ~ c~ i II II ~ I Z•E I I I T~9 I ,I 1- cT c A ~e~av ~ ~ d a -H ,~~ fag. ~~~a , ~1~5PuZ3'N IOS a ) ~ ~ ~~ e ~~ 3 ~ - - iu~: " g ~-I ~a~o e ~ ~ I ~ 3 og a~ 5 a E Y- !! f t ~ ~ III /~ L__---H______---___J___--,______ ii r i ~` ~ 3 i iii e • ~ .a=~ ~ - ~ n ~t n. fi ~ -75 n e6 r, e.- i n i ~,,~ e£ i _ --`-----f- `~---~- - -i- ~_ ! ~ i i@ryY .' , M ~ 4 i .r ~c ~' ' '.;. a' ~ :a i !~ ~ - s III' ~ '' ~' ~Y f Y s ~ ~ Y tl l - ~ 6 n -_ le ~ 6~ { i ~t' i i ii C`~ ~ ~~ I ~ ~ ~ i ~: ~ ~ i i i I F ~:\~ '~ ~ ~m„®~ _~ ® ~ ~ --------~----; ---~---r------- ~ --~ 11 ~ A a9 i ~ _ _ a a6~ as a ;~a °~ 8'- '- I I 4 xd s,~ i MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT PAPE, AICP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: July 9, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF JULY 15, 2008 WAIVER REQUEST/WAL-MART ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from the following Land Development Regulation associated with the Class III site plan modification for the Wal-Mart project: 1. LDR Section 4.6.9(D)(3)(a), which allows a maximum driveway width of 36 feet (48 feet proposed). BACKGROUND The subject property consists of Parcel "A" of the Wal-Mart Center subdivision and contains 11.78 acres. The parcel was annexed into the City of Delray Beach on August 22, 1989 and is zoned PC (Planned Commercial). At its meeting of March 26, 2008, the Site Plan Review and Appearance Board (SPRAB) approved the Class III site plan modification fora 2,843 square foot building addition, which includes a new vestibule on the east side of the retail building and expansion of the enclosed loading dock. The improvements also included the construction of a new building facade, reconfiguration of the parking and landscape area, and reconfiguration of the primary vehicular entrance along Military Trail. This vehicle entrance/exit will contain four lanes and have a width of 48 feet. The SPRAB considered the waiver to the maximum width of 36 feet allowed under LDR Section 4.6.9(D)(3)(a) and recommended approval to the City Commission. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Point of Access to the Street System: Per LDR Section 4.6.9(D)(3)(a), the point of access to a street shall be a maximum of 24 feet unless a greater width is specifically approved as a part of the site and development plan approval. However, in no event shall such point of access be greater than 36 feet. The applicant proposes to reconfigure the driveway from Military Trail, which includes widening it to 48 feet. The applicant has submitted the following verbatim narrative in support of the waiver: "...Based on our discussions with you, an exclusive right turn lane is proposed to facilitate the outbound traffic movement from the site to the Military Trail. The proposed additional lane results in the increased driveway width of 48 feet which exceeds the maximum width requirement of 36 feet pursuant to Section 4.6.9.D.3. of Land Development Regulations. We believe the exclusive right turn lane will enhance the traffic movement, resulting in safe and convenient access out of the site for the customers of the Wal-Mart store... " Waiver Analysis: It has been recognized that there is a traffic congestion issue at the intersection of the Wal-Mart driveway and Military Trail. This issue causes conflicts with internal traffic flow within the parking area and threatens to create a stacking concern onto Military Trail. In order to maintain a safe intersection, the applicant proposes to widen the driveway and create a dedicated entrance lane, right-turn exit lane, and two left-turn (northbound) exit lanes, which will alleviate the congestion in this driveway area. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. RECOMMENDATION Approve the waiver to LDR Section 4.6.9(D)(3)(a), which allows for a maximum driveway width of up to 36 feet (48 feet proposed), based on a positive finding with respect to LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR WALMART ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on July 15, 2008 where the applicant is requesting a waiver to the maximum driveway width requirement. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Wal-Mart. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: 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 feet unless a greater width is specifically approved as a part of site and development plan approval. However, in no event shall such point of access be greater than 36 feet. The applicant has requested a waiver to increase the width of the driveway along Military Trail to 48 feet. 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 minimum width landscape setback waiver request meet all the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 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 4.6.9(D)(3)(a). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of July, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 LAS vLnoLS oawe J Q 0_' F- ~~ VERDES r e ~N$} fJ L I N T O N CANAL L-36 5vuthTrusi Bnrrk PACM y' ~ BDCARAY DF AY MEDICAL COURT ¢ pCAZA CE R CDNDDS PLAZA _ DELRAY ~ MEDICAL _ CENTER ~ SDUTk COUNTY _ MENTAL HEALTH ~~:., CENTER °~ - ~Y,A~ MA~S' SDUTf-! COUNTY pRDF. ~~ CENTRE CONDD i n (~, ® ® ~ ~ ~F C~RGSE ll fIc ~ r~~' I' C o U N .~ R Y 1. A K ~ ® ® I _pl`~ CANAL L-37 B O U L E V A R D v O cl ~ N WALMART ~~ suB~ECT 96205 SOUTH MILITARY TRAIL PROPERTY CITY OF OELRAY BEACH, FL 0 LOCATION MAP PLANNING & ZONING DEPARTMENT -- WClTAL BASE MAP SYSTEM -- MAP REF: S:\Planning &Zoning\OBMS\File-Cab\Z-iM 3001-3500\LM1045_,Wolmori ~I ~ c M I~ ~{ ~J 24' -- I - PROi'ER~1' LINE i ~~ ~ s~ ~ If l ! ~~ f ~I ' ~~ ~O ~~ ~~ ... ~m ~~ W ~- _© ~~ F¢- W J Z cfl e fE I! EXIS' TRAI SIGN BE MO SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 26, 2008 AGENDA ITEM; III. E. ITEM : Wal-Mart -Class III Site Plan Modification, Landscape Plan, and Architectural Elevations Associated with the Construction of a 2,843 Square Foat Building Addition. GENERAL DATA: ApplicantlOwner .......................... Agent .......................................... Location ..........................:........... Property Size-----------------------~------ Future Land Use Map ............... Current Zoning ............................ Adjacent Zaning ................North: East: South: West: Existing Land Use ...................... Proposed Land Use .................... Wa#er Service ............................. Sewer Service ..............•---.--.--•---- Wal-Mart Stares East, LP Greg Wilfong, P.E. West side of Military Trail, 650 feet south of Linton Boulevard- {16205 South Military Trail) 11.7$ Acres General Commercial PC {Planned Commercial} PC CF (Community Facilities) & POC {Planned Office Center} RS-SE (Single Family Residential --Special Exception -Palm Beach County) CF Retail Center Retail Center Existing on site. Existing on site. III. E. ,~~T`EM B~F4RE„TiE BOARD - - ...~,: The action before the Board is that of appraval of the following aspects of a Class III site plan modification for Wal-Mart, pursuant to LDR Section 2.4.5(G)(1)(c}: ^ Site Plan Modification; ^ Landscape Plan; ^ Architectural Elevations; and ^ Waivers. The subject property is located on the west side of Military Trail, 650 feet south of Linton Boulevard (16205 South Military Trail}. BA`CKGF3Q~lND - The subject property consists of Parcel "A" of the Wal-Mart Center subdivision and contains 11.78 acres. The parcel was annexed into the City of Delray Beach an August 22, 1989 and is zoned PC (Planned Commercial). A site plan was approved by the City Commission at its September 26, 1989 meeting. The approval allowed for the construction of Wal-Mart Discount Store, which consisted of a 114,760 S.F. retail store with garden center, parking, and two out parcels that have been developed as a medical office building and gasoline station (Murphy's). At its meeting of December 11, 2007, the City Commission approved the conditional use request for Wal-Mart to establish a 24-hour business. The conditional use was approved subject to the following conditions: 1. That the external security patrol be extended to sunrise, seven days a week. 2. That the location and coverage of the exterior cameras are provided on the plans and that the property has 100% camera coverage. 3. That the gaps between the existing and proposed trees are filled in with Crepe Myrtle (or other acceptable trees) at a spacing not to exceed 15 feet on-center slang the south side of the property. 4. Subject to Security Plan Submission contained in the agenda materials, as modifed by the conditions set forth herein. 5. Dedicated inside security person at all times. 6. Additional Private Security Plan for the increased and erihanced security inside and outside during the holiday season {November through January) which shall be submitted to the City. 7. This 24 hour late night conditional use appraval is' subject to appraval for a super center and' subject to completion of a super center. It is noted that the conditions that have not been resolved with the revised site plans are attached to this staff report as conditions of approval. A site plan modification has been submitted for a building addition and this request is now before the Board for consideration. SPRAB Staff Report Wai-Mart-Class III Site Plan Madifcation, Landscape Plan and Building Elevations Page 2 _ ~~~ P~R o ~ ~ c T D~ -~s~ ~ ~ T I o~N The development proposal involves the following: ^ Construction of a 2,843 square foot building addition, which includes a new vestibule on the east side and expansion of the enclosed loading dock; ^ Construction of a new building facade; ^ Reconfiguration of the semi-trailer loading area at the northwest corner of the property; ^ Reconfiguration of the primary vehicular entrance along Military Trail; ^ Reconfiguration of the parking area along the south side of the building; ^ Installation of stamped concrete within portions of the vehicular drive-aisles; and ^ Reconfiguration of the parking area, which results in additional landscape area and lighting. The development proposal includes a waiver to the following sec#ion of the Land Development Regulations: 9 . LDR Section 4.6.8{B){3)(c}, which requires a maximum illumination of 4 foot candles within the parking areas of the shopping center. 2. LDR Section 4.6.9{D){3)(a}, which requires a maximum driveway width of 36 feet. T E P ~: A.~__.~~ D I ~,_~~~I O N ANN A L ~t 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 si#e and development applicationlrequest. SPRAB Staff Report Wal-Mart -Class I11 Site Plan Modification, Landscape Plan and Building Elevations Page 3 LDR Section 4.3.4 K De~eio ment Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4{K) as it pertains to the PC zoning district: -, :_. _.~ -- - - Standard Prov.~d.ed Maximurr~ Building. H- eight-~ = 48' 25' 4" PJlinirnum Building Setbacks - Front 10' 500' Side {Interior) 0' 210' (south side) Side Street 10' 145' (north side} -- Rear 10' 90' Open Spice _ 25% *24.94% ]t is noted that the existing open space is 23.54%. Thus, the proposed modification results in a reduction of the existing nonconformity. Off-Street Parking: Per LDR Section 4.6.9{C) (3} {e), the required parking generation rates for shopping centers is 4 parking spaces per 1,000 square feet. The required parking for the total floor area of Wal-Mart including the 2,843 square foot addition (124,605 square feet total) is 499 parking spaces. The proposed site plan complies with the City's parking requirements since 541 total parking spaces are provided. ~~ - -----~--T-- = WA;i1~ERS ~-==~~~ 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. Site Lightinal: Pursuant to LDR Section 4.6.8(B}(3){c), the maximum permitted illumination levels within parking and vehicle circulation is 4 foot candles. The proposed illumination levels within the parking area have a maximum of 13 foot candles and maximum of 8.7 foot candles within the front drive from Military Trail, thereby, requiring a waiver. The applicant has submitted the following verbatim narrative in support of the waiver: SPRAB Staff Report Wal-Mart -Class III Site Plan Modification, Landscape Plan and Building Elevations Page 4 "...The currenf code requirement for site illumination, per Secfian 4.6.8(B)(3)(c) of the Land Development Regulafion, is a 4foot-candle maximum. The existing site consists of mature and fully grown landscaping, consisting of large canopy frees. Due to fhe nature of mature frees, the existing lighting does not meet hlla!-Mart's photometric requirements. We are proposing to replace 42' lighf poles with 25' light poles which will result in illumination exceeding 4.0 foot-candle. We believe thaf fhe proposed light poles and phofomefric data are required fo overcome fhe shielding effects of fhe exisfing free canopies, and to avoid any potential safety hazards. A superior and safe light level will be achieved by fhe proposed lighfing plan..." Waiver Analysis: The applicant indicates that in order to comply with the City's maximum light pole height, stronger illuminaioe it is necessary since the existing mature trees will, in part, now act as screening. Thus, it is reasonable to grant the waiver give the existing conditions of the site with respect to the existing trees. It is also noted that the brighter illumination will aid in crime deterrence at the property due to the 24-hour approval. Consequently, positive findings can be made with respect to LDR Section 2.4.7{B){5}, Waiver Findings. Point of Access_to the Street System: Per LDR Section 4.6.9(D}(3){a), the point of access to a street shall be a maximum of 24 feet unless a greater width is specifically approved as a part of the site and development plan approval However, in no event shall such point of access be greater than 36 feet. The applicant proposes to reconfigure the driveway from Military Trail, which includes widening it to 48 feet. The applicant has submitted the following verbatim narrative in support of the waiver: "...Based on our discussions with you, an exclusive right furn lane is proposed fo facilifafe fhe outbound traffic movement from fhe sife fo fhe Milifary Trail. The proposed additional lane results in fhe increased driveway width of 48 feef which exceeds the maximum width requiremenf of 36 feef pursuant to Section 4.6.9.D.3. of Land Development Regulations. We believe the exclusive righf furn lane will enhance the traffic movement, resulting in safe and convenient access auf of fhe sife for fhe customers of the Wa!-Mart store..." Waiver Analysis: It has been recognized that there is a traffic congestion issue at the intersection of the Wal-Mart driveway and Military Trail. This issue causes conflicts with internal traffic flow within the parking area and threatens to create a stacking concern onto Military Trail. In SPRAB Staff Report Wal-Mart -Class III Site Plan Modifcation, Landscape Plan and Building Elevations Page 5 order to maintain a safe in#ersection, the applicant proposes to widen the driveway and create a dedicated right-turn lane, which will allevia#e the congestion within this driveway. Consequently, positive findings can be made with respect to LDR Section 2.4.7{B)(5}, Waiver Findings. L A N~} S G A P E P: L A N A~~~4 ZLX.~.~S - 3' The City Horticulturalist has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. In addition to the existing landscaping, the new landscaping consists of Spanish Stopper, Lignum Vitae, Black Ironwood trees, Queen Crape Myrtle, Simpson's Stopper, Christmas Palms, Live Oak trees, Royal Palms, Palmetto, Pink Trumpet trees, and Bald Cypress. These areas will be underplanted with Cocoplum, Crinum Lily, Dwarf Scarlet Bush, Red Ixora, Orange Jasmine, Walter's Viburnum, Dwarf Yaupon, Soft Rush, Big Blue Lilyturf, Indian Hawthorn, Sand Cordgrass, and Florida Gamagrass. Based upon the above, the proposed landscape plan will comply with LDR Section 4.6.16. - w, ARCW:ITECTUR.AL' ELEV'A-T~1~~__ Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans far building permits. If the following criteria are not met, the application shall be disapproved. 1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to .the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2} The proposed structure, or 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. 3} The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The application includes a complete elevation upgrade to the building. These improvements include the construction of a pitched entry feature and an arched architectural feature on the east elevation of the building. Other changes include pilasters and decorative parapet cap. The pilasters will have a Quik Brik application. The walls ofi the building will have the Quik Brik application along the base and Trusty Tan (dark tan) primary wall color. A secondary wall color will be applied to the parapet consisting of Bona Fide Beige (light beige). The primary wall facade will be a split-face concrete masonry unit. The entry feature includes metal grilles and awning that have a Canyon Clay (dark clay} color. Based on the above, a positive finding- with respect to LDR Section 4.6.18(E) can be made. SPRAB Staff Report Wal-Mart -Class III Site Plan Modification, Landscape Plan and Building Elevations Page 6 _REQUIREI7 F1NIlINGS Pursuant to LDR Section 2.4.5(G)(1)(c)(Class III Site Plan Modification}, a Class 111 site plan modification is a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.'1 and 3.2.3, as well as required findings of LDR Section 2.4.5(G)(5). (G (5) ,(Findings}, with a Class III site plan ursuant to LDR ection 2.4.5,,,,,,,,..,.,,,,,,,},~,..,.,.,....,..,...,. modification formal findings under Section 3.1.1 are not required. However, a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class 111 modification. The development proposal involves the construction of a 2,843 square foot building addition to the existing retail business. Pursuant to LDR Section 2.4.5(G}(5}, this minor modification does not significantly impact the previous findings as they relate to consistency with the Future Land Use Map, Concurrency or the Comprehensive Plan_ Compliance with the Land Development Regulations was discussed earlier in this report. The minor impact from the proposed development on Concurrency issues are discussed below. Traffic; The applicant has submitted a traffic statement that indicates that the 2,843 square foot building addition will generate 99 average daily trips and 9 peak p.m. trips. Based on the minimal impact of the development, a positive finding with respect to traffic concurrency can be made by the City. Solid Waste: The solid waste generation of the 2,843 square foot office building will be ~ 5.07 tons per year. The 15.07 ton increase can be accommodated by existing facilities and thus, will not have a significant impac# on this level of service standard. ,~.. REVIEW B_Y Q_TNER:S .~~' The property is not located in an area that requires review by the CRA (Community Redevelopment Agency} or DDA (Downtown Development Authority). Courtesy Notices: SpeciaE courtesy notices were provided to the following homeowners and civic associations: SPRAB Staff Report Wal-Mart -Class III Site Plan Modification, Landscape Plan and Building Elevations Page 7 o Neighborhood Advisory Council Letters of support and objection, if any, will be presented a# the SPRAB meeting. ~~~ --%~~`ESSMENT D CQNG~~US>~Q.~N ~ ^ The development proposal involves construction of a 2,843 square foot building addition for the existing Wal-Mart store. The building elevations will be a significant improvement to the aesthetics of the property. The proposal will be consistent with LDR Section 3.1.1, 2.4.7(B){5}, and Section 2.4.5(G)(5) of the Land Development Regulations, and policies of the Comprehensive Pfan. ALA ~~ I~-~N~ T I V E A CT 14 N~~- A. Postpone with direction. B. Move approval of the request for waivers, Class III site plan modification, landscape plan, and architectural elevations for Wal-Mart, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5}, 2.4.7(B)(5), and Section 3.1.1 (Performance Standards) of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers, Class II1 site plan modification, landscape plan and architectural elevations for Wal-Mart, by adop#ing the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G}(5}, 2.4.7{B){5}, and Chapter 3.1.1 (Performance Standards} of the Land Development Regulations. - ~ STAFF REC-"~..~M~W~N_Q~~1dN= By separate motion: Waivers: Recommend to the City Commission approval of the waiver to LDR Section 4.6.$(B}(3){c), which requires a maximum illumination of 4 foot candles for the parking areas {13 foot candles proposed), based on a positive finding with respect to LDR Section 2.4.7(B}(5). 2. Recommend approval to the City Commission of the waiver to LDR Section 4.6.9{D)(3}(a}, which allows for a maximum driveway width of up to 36 feet (48 feet proposed), based on a positive finding with respect to LDR Section 2.4.7{B){5). SPRAB Staff Repor# Wal-Mart --Class III Site Plan Modification, Landscape Plan and Building Elevations Page 8 Site Plan: Move approval of the Class 111 site plan modification for Wal-Mart, based upon positive findings with respect to Chapter 3 {Performance Standards), and Section 2.4.5(G){5} of the Land Development Regulations, and the objectives and policies of the Comprehensive Plan, subject to the following conditions: 1. That the external security patrol be extended from to sunrise, seven days a week. 2. That the location and coverage of the exterior cameras are provided on the plans and that the property has 100% camera coverage. 3. That the operation of the business is subject to Security Plan Submission contained in the City Commission agenda materials, as modified by the conditions set forth herein. 4. Dedicated inside security person at all times. 5. Additional Private Security Plan for the increased and enhanced security inside and outside during the holiday season {November through January} which shall be submitted to the City. 6. This 24 hour late night conditional use approval and subsequent site plan modification approval is subject to approval for super center and subject to completion of the super center. Landscape__Plan: Move approval of the landscape plan for Wal-Mart, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan meets criteria set forth in Section 4.6.'16 of the Land Development Regulations. Building Elevations: Move approval of the request fior architectural elevations for Wal-Mart, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set faith in Section 4.6.18{E) of the Land Development Regulations, subject to the following condition: 1. That the locations and styles of light fixtures be noted on the plans. Attachments: • Site Plan, Landscape Plan, and Building Elevations Report prepared by: Scott Pape, AICP, Senior Planner MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: July 9, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF JULY 15, 2008 WAIVER REQUEST/LA CIGALE RESTUARANT ITEM BEFORE COMMISSION City Commission consideration of a waiver to the Land Development Regulations (LDR) Section 4.6.7 (E) (3) (c) (2) governing the size and placement of signs, pursuant to the request by the agent for the La Cigale Restaurant, located at 253 SE 5th Avenue. BACKGROUND La Cigale is located on South Federal Highway with entrances to the site from the south and north .The business has two free standing monument signs erected on each entrance in compliance LDR requirements. On June 25, 2008, the applicant requested SPRAB consideration of a waiver to LDR Section 4.6.7(E) (3)(c)(2), "Setback Requirements", which states that free standing signs may be located within the setback if the sign area is less than twenty square feet (20-SF). The applicant is requesting a waiver to increase the sign to 28-SF. Their position is "the proposed change blends in aesthetically with the existing design and provide pertinent information for customers of La Cigale". SPRAB voted 5-0 supporting the applicant's request. Staff position is that the owner could redesign the existing sign face to add new copy and comply with this section of the Land Development Regulations. Section 2.4.7(B)(5) of the Land Development Regulations allows the City Commission to grant waivers to this code, which governs signs, providing the Commission shall make a finding of fact based on one of the following: The granting of a waiver shall not adversely affect the neighboring area, Shall not significantly diminish the provision of public facilities, Shall not create an unsafe situation, and • Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. RECOMMENDATION Staff recommends that City Commission deny the waiver request to Section 4.6.7(E)(3)(c)(2) of the LDR's pursuant to findings governed under Section 2.4.7(B) (5), as granting this waiver has the appearance of granting a special privilege that may not be granted under similar circumstances on other properties. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR LA CIGALE RESTAURANT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on July 15, 2008 to allow for an increase in the size of a sign. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for La Cigale Restaurant. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.6.7(H)(3)(c)(2) provides that free standing signs may be located within the setback if the sign area is less than 20 square feet. The Applicant has requested a waiver from this requirement to allow a 28 square foot sign to be located in a setback. 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 meet all the requirements of 2.4.7(8)(5) subject to the conditions, if any, listed below? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 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 4.6.7(H)(3)(c)(2) regarding the size of the sign, subject to the conditions, if any, imposed in this order. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of July, 2008, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 SPRAB Meeting June 25, 2008 r~~ Page 1 of 2 MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH REGULAR MEETING MEETING DATE: June 25, 2008 MEETING PLACE: City Commission Chambers CALL TO ORDER: Chairman Aguila called the meeting to order at 6:OOp. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: MEMBERS ABSENT STAFF PRESENT: ALSO PRESENT: Chanaes to the Aaenda No Changes Andrew Youngross, Mark Gregory, Chairman Jose Aguila, Francis Bennett, Connor Lynch Johnny Kincaide, Shane Ames Estelio Breto, Andrea Strohmer, Madeleine Tilker Brian Shutt, Assistant City Attorney Ex Parte Communication Disclosure Mr. Youngross communicated with the Engineer from Wal-Mart in reference to the LDR. The nature of the ex- parte will not prevent Mr. Youngross from serving the Board. Mr. Youngross will step down from the Aloha Cleaners project. The Board received a letter in their a-mail written in reference to the Villages @ Delray. Chairman Aguila read the City of Delray Beach's procedures for Quasi-Judicial Hearing for all the items on the Agenda. Madeleine Tilker, Administrative Assistant, swore in all witnesses that wished to give testimony on all items on the agenda. II. MINUTES It was moved by Mr. Gregory seconded by Mr. Lynch, to approve the Minutes of the Regular Meeting of June 11, 2008. Said motion passed with a 5-0 vote. (Mr. Ames and Mr. Kincaide absent) III. SIGNS A. La Cigale a Taste of the Mediterranean; 253 SE 6th Avenue; Jason S. Mankoff; Authorized Agent SPRAB Meeting June 25, 2008 r~~ Page 2 of 2 Ms. Strohmer Staff Signs Inspector entered the file into the record and presented the proposal for a Board supported for waiver to the Sign Code LDR (E) (3) (c) (2) as stated in the Staff Report. (Tabled at SPRAB regular meeting on April 23, 2008) Staff does not support the waiver for reasons stated in the Staff Report. Applicant's Presentation: Michael Weiner, Weiner Aronson and Mankoff, offered a visual presentation showing the original proposed signs and what is being proposed. He continued that you could not see the lights of the restaurant from the street and therefore, the proposed lettering is important to the economics of this restaurant. Mr. Weiner cited the LDR sign code to indicate what the purpose of request was. He also stated they appreciated Andrea's report but that it is a waiver and not a variance that is being requested. He added that waivers are there on purpose allow for flexibility. Mr. Weiner continued that they are not setting any precedence and in fact the precedence has already been set. Mr. Weiner offered a visual of the existing sign of the restaurant as well as signs that currently exist on Federal Highway showing the amount of copy in comparison. Mr. Weiner also stated that if you meet the conditions of a waiver, the waiver should be granted. He added that there have been no less than 9 (nine) sign waivers since 2006 and that this is not a special privilege. Public Comments There were none Rebuttal: There was none. Board Comments: Staff was asked how far back the sign was in the setbacks. Staff replied that the sign copy area needed to be 20' (twenty square feet). Mr. Gregory stated if the project was supported and approved he would want the returns of the letters as indicated as black, to match the cabinet. Also, to modify the address by placing it underneath in the arch, or to center it on top with spacing and a margin, but not on the side. Chairman Aguila added that he doesn't have a problem with the request. Also, the restaurant is facing the wrong way since the original owner did not want to deal with DOT and wanted to keep the original right of way and therefore, the restaurant could use the help. Motion/Findings: It was moved by Mr. Gregory, seconded by Mr. Youngross to approve the waiver to the sign code for the La Cigale, Taste of the Mediterranean with the following conditions: 1. That the return or the sides of the letters match the existing cabinet that it will be applied to; and 2. That the address is centered in the arch in a tasteful way, not off to one side. Said motion passed with a 5-0 vote. (Mr. Ames and Mr. Kincaide absent) SITE PLAN REVIEW & APPEARANCE BOARD Project Name: La Cigale a Taste of the Mediterranean Project Location: 253 SE 5th Avenue Agent: Jason S. Mankoff, Weiner & Aronson, P.A. Attorneys at Law ITEM BEFORE THE BOARD The item before the Board is to reconsider a request to waive the sign code for two free standing signs for La Cigale a Taste of the Mediterranean, 253 SE 5t" Avenue. BACKG ROU N D On April 23, 2008, the Board tabled a presentation requesting a waiver to the Sign Code LDR Section 4.6.7(E)(3)(c)(2) Setback Requirements, which states that free stating signs may be located within the setback if the sign area is less than twenty square feet (20-SF). The Board's had concerns that the proposal was not to scale; was difficult to read; should be considered as a unit and be more aesthetically pleasing. The Sign Staff Committee approved sign permits in 2005 and 2006 for two identical free standing signs for ~~La Ciggle". The signs did not require review by SPRAB. Each reads ~~La Cigale a Taste of the Mediterranean" in illuminated channel letters; each is located in the setback at each entrance, with the copy area 2' 10" high by 7' 0" in length (19.81-SF). The applicant is again requesting Board's support of a waiver to the Sign Code to allow an increase of sign copy over 20-SF for each free standing sign. The applicant is proposing to add copy that is 7" high by 3-FT in length, with the total sign area 4-FT high by 7' 0" in length for 28-SF. The added copy reads ~~Lunch" ~~Dinner" in black copy on a white background with a black line separating the words. It is a channel letter type cabinet with neon illumination. The basis for their request is: ~~The proposed signs blend in aesthetically with the existing signs while now also providing pertinent information for customers of La Cigale". Waivers under LDR Section 2.4J(B)(5) Findinas, states the granting body shall make findings that, ~~(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 that the same waiver would be granted under similar circumstances on other property for another applicant or owner': If the Board supports the request for a waiver to the Sign Code, the bases for their recommendation will be forwarded on to the City Commission for final approval. Meeting Date: June 25, 2008 Agenda Item: III.A. ALTERNATIVE ACTION 1. Deny the request from La Cigale, 253 SE 5th Ave, to support a waiver to Sign Code LDR Section 4.6.7(E)(3)(c)(2), Setback Requirements, which states signs may be placed within the ten foot (10-FT) setback provided the sign area is less than twenty square feet (20-SF), based on failure to make positive findings as stated in LDR Section 2.4.7(B)(5). 2. Support the request from La Cigale, 253 SE 5th Ave, for a waiver to the LDR Section 4.6.7(E)(3)(c)(2), Setback Requirements, which states that a sign may be placed within the ten foot (10-FT) setback provided the sign area is less than twenty square feet (20-SF), to be presented before the City Commission with a recommendation stating the reason for supporting the waiver. RECOMMENDATIONS Staff does not support the request for a waiver to the sign code to increase the sign area as the applicant can redesign the sign face to add additional copy and remain within the 20-SF required by the sign code. Also, the design of the sign and the copy may change in the future without requiring approval by SPRAB. Staff feels if this waiver to increase the sign area to 28-SF is granted it will set a precedent for other businesses on Federal Highway and the surrounding areas. On November 14, 2007, the restaurant received support from the Board for a waiver to the sign code to allow three additional flags. Staff does not believe the applicant should be given more waivers as there is sufficient signage and flags on site. Meeting Date: June 25, 2008 Agenda Item: III.A. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney DATE: July 9, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF JULY 15, 2008 PARKING LICENSE AGREEMENT /GAFFE LUNA ROSA, INC. ITEM BEFORE COMMISSION Parking License Agreement between the City of Delray Beach and Gaffe Luna Rosa, Inc. BACKGROUND This agreement amends Paragraph 16, "Assignment", to provide that the agreement may be assigned with the express written consent of the City Manager so that we do not have to take the agreement to the Commission each time that the restaurant is under new ownership. It also combines the agreement entered into on April 1, 2007 with the Amendment No. 1 entered into on April 1, 2008 to provide for one concise, complete agreement. RECOMMENDATION The City Attorney's Office recommends City Commission approval. PARKING LICENSE AGREEMENT s~ THIS AGREEMENT ("The Agreement") is made this ~ day of /~/~- , 200$ by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY"), and GAFFE LUNA ROSA, INC.,. a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, arid other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incoruoratlan of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parkins Queues. The CITY agrees to allow LICENSEE the non-exclusive use of :seven (7) parking spaces on the south side of Atlantic Avenue between Salina Avenue and Ocean Boulevard (State Road A-1-A) for valet parking queues. The parking spaces are to be O~oo H~YW '3~T' used for valet parking queues daily between the hours of r.m. to 2:00 a.m., Monday through Sunday (7 days per week). LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events the license will not be valid. It is also understood by the terms of this Agreement that the valet queue- location may from time to time be re-located by the CITY in its sole discretion ai~er providing thirty (30) days' written notice to LICENSEE.. The LICENSEE and/or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager ar his designees}, shall enforce the provisions of this Agreement, including- the location, time, days of the valet 5ervlCe, parking limitations and requtrements, and compliance with all applicable laws and ordinances. V~Ihen required by law, the enforcement shall be accomplished through personnel authorized by lava to enforce the law. 3. Parking LocatlonslAgreements. LICENSEE agrees that LICENSEE and/or its employees will not park any cars in CITY owned an-street or off-street parking spaces unless LICENSEE has a separate agreement with the CITY to provide for such use. LICENSEE further agrees that LICENSEE will provide the CITY with current written. assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). LICENSEE. shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit "A". LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of :any alleyway, public street or parking lot. These assurances and agreements must. be provided upon execution of this License Agreement when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY One Hundred Sixty-Five Dollars ($165.00} per month, per parking queue space utilized by the 10th of each month. A late fee of five percent (S%) will be charged after this date. If more than ane License Agreement is issued for the queues, the fee will be shared proportionately. 5. Siunage. T'he CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City Manager or his/her designee. 6. Valet Service; Valet Eauigment. The LICENSEE'S operator may, for the storage of keys, install a moveable, temporary,. valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian flow. z 7. Term and Renewal. The term of this Agreement shall be for one {1}year from the date written above. The license may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sale .discretion that the renewal is in the best interest of the CITY. The City Manager may add additional provisions to this Agreement upon renewal, including but not limited to, the requirement to use an off--duty police officer during the time and dates the City Manager deems advisable. $. Revocable License. This Agreement is only anon-exclusive License Agreement and may be revoked by the CITY at any time without cause during the initial term. or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the fallowing-addresses: Ta CITY: David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: Fran Marincola, Fresident 36 S. Ocean Blvd., B4 Delray Beach, FL 334$3 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A", which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars {$10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless. the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to 3 property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents., employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party; then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all casts and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof 13. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. l4. Fenalties for VialationslTermination. Penalties will be imposed upon the LICENSEE for: (1) Valet parking of cars in either on-street or off-street public parking spaces; and/or (2) Valet parking of cars in the designated parking queues;. andlar (3) Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: l st violation - warning 2nd violation - $200 3rd violation - $500 4th violation - Termination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days ofreceipt of the native will result in termination of the .Agreement. 4 LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE. will at all times comply with the CITY'S policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion of the CITY. 15. Taxes. LICENSEE shall pay and comply with ali laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 16. Assignment. This Agreement may be assigned with the express written consent of the- City Manager or his/her designee. 17. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to mare effectively and completely carry out the intent of this Agreement. 18. Binding. Effect. All of the terms- and provisions of this Agreement shall be binding upon, inure to the benefrt of, and be enforceable- by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 20. Amendments. This Agreement may not be amended, modified, altered,. or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2008. THE CITY OF DELRAY BEACH, ATTEST: a Florida Municipal Corporation By: City Clerk Rita Ellis, Mayor S Approved as to form: ^t , ~;~~ ..L' Z 2 ~'t-~_ r- ~J~~~ty Attorney ~(~~ ~~ ~ CAFFE LUNA ROSA, INC. a Florida corps~ation~ , By:_ Name Title: R STATE OF FLORID ~' ' COUNTY OF ~1~ The foregoin instrument was acknowledged before me .thi~~ day of 2008, by r , as ~1 (name of officer or agent, title of officer or agent), of ~~ ~(~~ ~~~_ (name of corporation acknowledging), a ~`~ ~(i~ (state or place of incorporation) corporation, on behalf of the corporatianhe is personally known to me or has produced (typ of identif cation} as identification. Si a e of Notary Public -State of Florida ~pliM ~ MlrrlrPlMc•~efPleiir ' M-OowwiiNio~~~~~~101 Oarralpiop ADO i1~I1Qr ~Q IM~od 6 EXHIBIT "A" INSURANCE REQUIItEMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $1.00,0001$500,000.1$100,000, 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence tp protect the City against all risks of injury to persons (including death) ar damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is rA provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability,. productslcompleted operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for ownedlnon-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate: 6. Thirty (30} days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 3u1 CI1 Q8 10:511 UNIVER5R1_ F1LLIfl~1CE CORP. 3a5. 6fifi-041f p.~ } AATE~MMW~'ry ~a~D,~ CERT~FrCATE ~F LIABILITY INSURANCE n7ro~rz00s PRppy~ Seridl # A1794 THlS CERTIFICATE IS YS$UED AS A f1AATTER OF INFORwAAT7pN E1NIVF.RSAL ALLWNCE GC1RP, (3il5~ 668572 ONLY ATVTD CONFERS N4 RIGHTS DIP0111 7l1E CERTIFICATE I FIOLDEFl. THE CtrRTIFlCATE .DOES NOT AMEND: EXTEND OR VILIJIOE OF PINECRE$T ALT7:R THE C01tERAGE AFFORDED BY THE PaI.ICII=S ~LOW- 67'BQ S.W. 98Th STREET INSURERS AFFORIDING COVERAGE MIAMI, FLORIpA 33i56~221 ~D BOcA PARIaNG SYSTEM. Iluc. Irazn,aca A CENTURY SUREfY INSIiRANCE COMF"ANY . 47~0N.W.3RDAVENUE I1~UkJ`Rif. FLOR1pARETAILr~'[]ERATIONS.I.F. B4GAlzATON,FL33d31~4799 JhptJRhNC .. ... IN9LIRBC F: ' cavEw-c~s ~ TF~ POLICII=S OF fNS[~ANC~ LISTEd BELO~NF#AYE BEEAi I$$[lE~~'4 ~1-IE 1NitJFtED h~IED A80VE FOR T!-!~ PQLICY 4~10}~1 NIOIC.JIT~C. NO'IWITHB'i'/WI11NG ANY AEQllll'~MEN7, 7ERNf OR GpNg1YION Of< ANY CANfIRACT QR oTMER DC~GIA~EN1' NIITH R[5PEGT '1~0 UUMCH TFi13 C$R"111=KATE MAY ~ ISSUED aR MAY PPRTAIN, TFiE iN5VRANGC AFFORDED SY TY9E ~I-iGE$ I~L~iCR~ED ItER~IN 15 SUB.{EC'~ TO M.~' TF~ ~RM~. FJ(CL`USIf3N.°. AND CC>~~IONS OF ."rIH~-E ! I POLIGE3. RGGRE[aATrr LIMITS SFia11Vh! MAY HAVE FJ@ENI REDUCED 9Y PAID CWAAS J~_ _ ,..z........,:.~:e.,,.,:. r ~ - IIYL{~R,aI,RgAMf ~ -- CACM OcCUru~J r S '1,000,0 uENCItAt uAe~lu~TY - 05104/0$ D5/04109 HREpAhYU~F{ArWO~rra) s NiL A NCRA1 IlAWL17Y X t:oMIdCJ?s:JSt CL CCQ545549 x ~I~ F>a+iOn, ME1) t P [r±~v ~ i .l CX.AIhFS baoc ~ ~ occVN , ~~ $ AOY ~y s ~,ooa,001s.oli ! OCNE3+At 1K~RKUTC z,00o.000.00 PRODIK:1iI.C.DM~'~AGC 5 1,ODD~()(~n.0d CAE?7'LM.'c'+~t£OATLI1MIrAVC+lihriPER X POUC'r PR IOC AUrO~'[83CLCLIABUTV CGP545,149 05/04/08 DSl04/09 eJOMY~WtuaArlGtl_LUWr +I y 1,000,000AO '. ~ A ANY AU r O - ! X ALL C7W~ICp Ak1f U5 P1i :OM! JtYY S 6CIICk?Uif:DnlJTO-~ .^. 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P~xJCr C CNNT S 500 Q00 ^b f OTNB't DESe%reUp'rldN OP OPf91Ai'IiN~SJI.OC/1T WNSfuQiCl~E3CCLUSkOMS.NQDGO 6Y LNDORS>~Mt<•nIT/SP~CJa~ Pstvrwaws INSUI2ET~ OPERA'T'ES A VALET CQNCESSIpN: THE GIN OE QELRAY BEACH IS AN ADDff10NAL INSURED LOCA'T'ION: CAFE LUNA ROSA 34 SOU7H OCEAN BOULEVAT2D, DELFtAY BEACH, FLORIT?A 33s83 CITY of Die-RAV a~+cta ~ QO N.W. 1 ST AVEAIU£ DEI,RAY BEACH, PL "J3a44 s-+o+xo nun aF flcs noucs~io[ ~+~ Q~ORiT11E p~IrIxAT10M pAYC TNERE~~ 1NJYR~ Wi1_ ~710EAV07! TO MAIL . 3D GAYS tAlRlTTlN MOT®C6 T4 T1iF atE NAptCA TC1 TNIE L~3', 0YT f~ARilRt TO AO al0 9WLL IhP0.~C !! 6F ANT i{INO 11P01i 71M1 BISIJR~i.. rr9 AkiE~7s OR m ACORn CORPaItArt10N 1988 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E.,LEED AP Richard C. Hasko, P.E., Environmental Services Director THROUGH: David Harden, City Manager DATE: July 9, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF JULY 15, 2008 RESOLUTION N0.28-08/GREEN TASK FORCE REQUEST EXTENSION ITEM BEFORE COMMISSION This item before the City Commission is Resolution No. 28-08 which provides an extension of time for the Green Task Force. The Green Task Force requests Commission approval to have the sunset date changed from August 27, 2008 to November 27, 2008. BACKGROUND The Green Task Force is scheduled to sunset on 27 Aug 2008. The Task Force recognized early on that there was a lot of work to accomplish within the six month time frame before the Task Force sunsets and therefore they have been meeting twice a month since March. While the Task Force is getting close to completing their task, they would like to request a three month extension. The reasons for the extension are outlined in the attached letter from the Task Force Chair, Nancy Schneider. RECOMMENDATION Staff recommends approval of three month extension. RESOLUTION NO. 28-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION 67-07, WHICH CREATED THE GREEN TASK FORCE IN ORDER TO PROVIDE FOR AN EXTENSION OF TIME; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida has established the Florida Energy Commission as well as the Century Commission for a Sustainable Florida which has recommended the state make energy security and greenhouse gas reduction a top priority; and WHEREAS, the City of Delra~~ Beach recognizes the importance of environmental stewardship regarding energy, water, air, land, and waste; and WHEREAS, the CitS~ Commission of the CitS~ of Delra~~ Beach, Florida, desires to ~ extend the timeframe for the Green £~ Task Force to make recommendations to the City Commission regarding environmental sustainability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the CitS~ of Delra~~ Beach, Florida, hereb~~ agrees to amend Resolution 67-07 as set forth below: Section 3. That the Green Task Force shall conduct their review and provide a report of recommendation to the CitS~ Commission and shall sunset c}r ~ ~~a ~ F ~'~ = '~ ~'_ on November 27, 2008, unless extended b~~ the City Commission. The Task force shall consider the cost to implement their ideas as the recommendations are formulated. Section 2. This resolution shall take effect immediatel~~ upon its adoption. PASSED AND ADOPTED in regular session on this the da~~ of Jule, 2008. ATTEST: MAYOR City Clerk July 9, 2008 Dear Mayor Ellis and City Commissioners. The Green Advisory Taskforce is scheduled to sunset on August 27, 2008. We would like to request a three month extension. The reasons for this extension are as follows: The Taskforce would like to conduct a citizen outreach forum, similar to a charette for input from citizens and residents of Delray Beach. We are interested in scheduling this at the same time as the Downtown Marketing Cooperatives meeting on August 14. The Taskforce was asked to make a recommendation to the Commission regarding single stream vs. dual stream recycling. This research and presentations took the considerable part of four meetings (two months). We also lost one of our members, who has now been replaced by Sarah Martin. The Commission made an excellent selection by appointing Sarah, as she is already "onboard" with many of the projects we are working on, but we would like to make the most of Sarah's recent appointment and the experience she brings. Thank you for your consideration, I~Tancy Schneider 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: July 8, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF JULY 15, 2008 SPONSORSHIP REQUEST/FLORIDA TRUST FOR HISTORIC PRESERVATION 2009 CONFERENCE ITEM BEFORE COMMISSION The item before the City Commission is consideration of funding to sponsor the Florida Trust for Historic Preservation 2009 State Conference to be located in Palm Beach County. BACKGROUND In May of 2009, the Florida Trust for Historic Preservation will be holding its 31St Annual State Conference in Palm Beach County. Palm Beach County was chosen for 2009 in celebration of the County's centennial. All events, workshops, and tours will be primarily focused on Palm Beach County's history all of which will include the historic preservation efforts of Delray Beach. There are varying levels of sponsorship which range from $250 to $20,000. Each level also has associated Conference related benefits proportionate to the Sponsorship level. A complete list outlining each Sponsorship category is attached. In 2004, the subject Conference was held in Delray Beach and the City donated $10,000. Staff recognizes that budget conditions greatly differ from 2004 and, therefore, Staff would recommend that Commission elect to be a "Platinum Sponsor" which requires funding of $5,000. The "Platinum Sponsor" level receives six (6) complimentary tickets to a Special Event, three (3) complimentary full conference registrations, and an invitation to the President's Party in addition to sponsorship acknowledgement on all Conference materials. At this time, other governmental funding commitments include the Palm Beach Board of County Commissioners for $15,000, and the City of West Palm Beach for $10,000 ($5,000 cash, and $5,000 for in-kind services). In-kind services may consist of any donation of supplies and/or services that would otherwise be a cost to the Conference. Therefore, the Commission could consider other sponsor levels which would involve in-kind service contributions. FUNDING SOURCE Funding is available from account no. 001-1111-511-34-90, City Commission-Other Contractual Services. RECOMMENDATION Approval of funding for Sponsorship of the Florida Trust for Historic Preservation 2009 State Conference in either of the following manners: a) $5,000 cash, or b) $5,000 to be dispersed as $2,500 cash, and $2,500 as in-kind services to be determined. June 24, 2008. . Dear Friend of Preservation: . In May of 2009, the. Florida-Trust for 'Historic Preservation will be hosting its 3 l st Annual Statewide. Preservation Co~ferer~ce in Palm: Beach County. We will be headquartered at The :Colony Pahn Beach Hotel: Currently; the curriculum is being .planned and we hope. to include most of the cities in Palm- Beach County and special events at area historic sites such as the Harriet Himmel Theatre at CityPlace and many other great locations. The Florida Trust-for Historic Preservation's mission is to promote the preservation of the architectural; historical 'and .archaeological heritage o€ Florida through advocacy; education and historic property stewardship.. The'Florida Trust is THE network for .preservation. activists,.: old. house losers,, history buffs, architects and planners who -want to keep ain touch with the state's preservation activities. '`1Ve need your help .in accomplishing. our, important mission. Please coxtsider supporting the ,Florida Trust by becoming a sponsor. for the: 2009 Statewide Conference in Palm Beach County: Ali sponsorships received by October l st, 2048' will `be included in the prelirniriary program. if -you have. any` questions: regarding: the benefits Qf sponsorship; please do not hesitate, to contact me at SS0,22~4.5128. or caroline@floi7idalxtist.org. Sponsorships- may be committed immediately;. however payment is not due'until December 1,:2008,. l hope than you will complete the ericlased Sponsorship Form .and help. make this Conference quite a success The'continued success of Florida's historic preservation programs depend on. the `' help of its members and frienals: Be a part of the statewide preservation-network and. join the - `Florida Trusf today in showcasing Eahri Beach County.for A Cenfury of Dynamic i'reservation. Your;support-will ensure Florida's heritage for future generations. Sincerely, Caroline Theape Weiss Executive Director FLORIl7A TRUST" FOR HISTORIC PRESERVATION, INC. Post Office Box 11.206; Tallahassee, Florida 32302-3206 Telephone:. 850-224.8128 • FAX: 850-224.8159 information~floridatrust.org ` www.floridattrust.otg ~4~~~~~ ~~: ®~I ~j~$44~ ~Ii~1~ 2009 Annual Conference Sponsorship Opportunities -Palm Beach County, Florida, May 14-16, 2009 PRENIIER SPONSOR:-$20;000. .Sole spons©rship of one of the Events-(Opening Reception, Awards Reception, or Closing Reception) • Full-page advertisement {inside front cover) in the Annual Conference Preliminary Brochure (3000 distribution statewide} • 12 complimentary tickets {total) to Special Events • Eight {8) camplitnentary-full conference registrations (includes all special events, tours and workshops) • An. invitation to the President's Party ~ Sponsorship acknowledgement in-the On-Site Conference Brochure, distributed to all conference attendees • Sponsorship acknowledgement in the Florida-Trust's newsletter, The Florida Preservationist, 3000 circulation statewide. • :Opportunity to provide publicity materials or information in the conference registration packets • Sponsorship `acknowledgement on all publicity boards located at the Annual Conference.- n1rA~oND SroNSOR _ ,~rs,ooo + Sponsorship of one of the Events (Opening Reception, Awards Reception, or Closing Reception) • Advertisement an the Back Cover.of the Preliminary Brachare • 10 complimentary tickets. (total} to Special.Events • )F~ve {~ complimentary fnli conference registrations (includes all special events, tours and workshops) • An invitation to the President's Party • Sponsorship aclmowledgment in the On-Site Conference Brochure, distributed to all conference attendees • Sponsorship'acknowledgment in the Florida Trust's newsletter, The Florida Preservationist, 3000 circulation statewide . • :Opportunity to .provide publicity materials or information in the conference registration packets • . Sponsorship,acknowledgment on all.publicity boards located at the Annual Conference EMERALD SPONSOR - .$IO,ooO • Sole. sponsorship of the Annual Meeting I;uncheon or the President's Party • 8 compliaa~ientary tickets {total} to Special Events • Four (4) complimentary full. conference registrations (includes all special events, tours :and workshops). . • An invitation; to the-President's Party • `Sponsorship acknowledgment uii the Annual Conference Preliminary Brochure (3000 distribution statewide) • Sponsorship acknowieclgment in the On-Site Conference .Brochure, distributed to all coin~erence attendees • Sponsorship acknowledgment in the Florida Trust's newsletter, The Florida Preservationist, 3000 circulation . statewide • Opportu~zity to provide publicity materials or i~iforr~aation in-the conference registration packets • Sponsorship acla~owledgment on all publicity. boards located at the Annual Conference PLATINUM SPONSOR - $5,000- • Ca-Sponsorship of the Restoration Marketplace, including the Exhibitors Reception • 6 complimentary tickets to a Special Event • Three (3) complimentary full conference registrations ,. , . • An invitatioi--to the President's`Party • Sponsorship acknowledgment in the Annual Conference Preliminary Brochure (3000 distribution statewide) • Sponsorship acknowledgment in the On-Site Conference Brochure, distributed to all conference attendees . • Sponsorship acknowledgment in the Florida Trust's newsletter, The Florida Preservationist; 3000. circulation statewide • Opportunity to provide publicity materials or information in •the conference. registration packets • Sponsorship acknowledgment on all publicity boards located at the Annual Conference GOLD SPONSOR - $2,500 • Sole spol~sorship of a Full Day Tour • 4 complimentary tickets.to a Special Event • Two (2) complimentary.full conference registrations • .: An invitation to the Pres'ident's Party • Sponsorship acknowledgment in the Annual Conference Prelim inary Brochure (3000. distribution statewide) " ` • Sponsorship'acknowledgment in the On-Site Conference Brochure, distributed to all conference attendees Sponsorship acknowledgment in the Florida Trust's newsletter, The Florida Preservationist, 3000 circulation ..statewide • Opportunity to provide publicity materials or informtitioli in the conference registration packets • Sponsorship acknowledgment on all publicity boards located at the Apntlal Conference SALVER SPONSOR - $1,000 • Sole sponsorship of a Half Day Tour • . 2 colpntplimentary tickets to a Special Event . • One (1) .complimentary full conference xegistration • An invitation to the President's Party • Sponsorship .acknowledgment in the Annual Conference Preliznil~ary Brochure;(3000 distribution statewide) • Sponsorship acknowledgment in the .On-Site Conference Brochure, distributed to all conference attendees • Sponsorship acknowledgment in the Florida Trust's newsletter, The Florida Preservationist, 3.000 circulation statewide • .Opportunity to provide publicitymaterials or information in the. conference registration packets. • Sponsorship acknowledgment on all publicity. boards located at the Annual Conference BRONZE SPONSOR - X500 • Sponsorship of a Workshop, of your choice • 2.:complrmentary fickets to a Special Event • Sponsorship ackr~owledgment.in the Annual Conference Prelitninary.Brocl€ure (3000 distribution statewide) Sponsorship acknowledgment in the Qn-Site Conference Brochure; distributecl.to all conference attcndees • Sponsorship acknowledgment in the Florida Trust's newsletter, The Florida Preservationist;,3000 circulation , statewide • Sponsorship acknowledgment on all publicity. boards located at the Annual Conference PATRON - $250 • 1 complimentary ticket to a. Special Event . • Sponsorship-acknowledgment in the Annual.Conference Preliminary.Brochure (3000 distribution statewide) Sponsorship acknowledgment iit the On-Site Conference Brochure, distributed to all conference. attendees • .Sponsorship acknowledgment in-.the Florida Trust's newsletter, The Florida Preservationist, 3000 circulation statewide • .Sponsorship acknowledgment on all publicity boards located at the Annual Conference All contributions-are tax deductible as allowable by lacy. Documentation of the sponsor's gift will lie provided liy the Florida Trust for Historic Preservation, a nvn profit corporation with 501(c)(3) tax-status. . For more i~i#'ormatio " "lease contact Caroline'1'ti ~ .~ Weiss, Executive Director, "n, P " ~. at (8f0)=224-8128 or caroline(a~flaridat€ust.org. YES, I/WE WANT TO BE A CO-SPONSOR OF the 2009 Annual Statewide Preservation Conference! May 14-16, 2009 • PALM- BEACH COUNTY Sponsoring Org.: Contact Person: Address: City/StatelZip: Phone #• Contact Email: Sponsorship Zevel: Amount: Payments. should be received by October 1, 2005. Please make check payable to: Florida Trust for Historic Preservation, Inc. Post. Office Box 11206 Tallahassee, Florida 32302-3206 Fax {850) 224-5159: wvaw. floridatrust: ark Questions? Call the .Florida Trust (850) 224-8128 caroline~a,flaridatrust.org All contributions are tax deductible as allowed by the law. Documentation of the sponsor's gift will be provided by the Florida Trust. for Historic Preservation, a nonprofit . corporation 501(cx3) tax status. t'Iarzcla T~~ust for Historic Preservation, Tnc. Post Office Box 11206; Tallahassee, Florida 32302-3206 Telephone: 850-224-812$ ®FAX: $50-224-$159 infarmationQflaridati•ust.org www:floriclatiust.org MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 11, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF JULY 15, 2008 FILLING UNEXPIRED TERM OF COMMISSIONER MONTAGUE ITEM BEFORE COMMISSION The item before the City Commission is to outline the process for filling the unexpired term of Commissioner Brenda Montague. BACKGROUND Commissioner Brenda Montague has submitted a letter of resignation from the City Commission effective July 18, 2008 which creates the need to fill her Commission seat. The process for filling a Commission vacancy is set forth in Section 3.08 (A) of the City Charter (copy attached). The remaining members of the City Commission are to select a person to fill the vacancy within two regular meetings of the vacancy taking place. In this case the Commission will need to make the appointment by the August 19, 2008 regular meeting. The newly appointed Commissioner would then serve until March 2009, completing the first year of the term. The second year of the unexpired term will be filled during the March 2009 election. In the event the Commission does not agree on a selection by the end of the August 19, 2008 meeting, a special election would have to be called and held within 60 days (from August 19) to fill the vacancy. Based on past practise I would suggest that the Commission publicize the opening and ask for applications to be submitted within a specified time frame. The Commission could also set a time to interview candidates if you wish, although you may perfer to do that individually. The selection could be scheduled for the August 5 regular meeting or as a special meeting item prior to the August 12 workshop. RECOMMENDATION Commission direction regarding the process for filling the unexpired term of Commissioner Brenda Montague. ~• I<<~;~ ~IG:i: Z r~2yv~ryi4 }J _ w~_'r~~, ~ ~a•_ ~~1: =:~X ~ t'i. -`.~~i ~Y :.~. _ I N~ ~ 4 ,;,, 4R 4: .'R 96l~If~?nrai:"~"I~a4 ~:•_ PIA: $'c~ d ~~ ~ __ ~ ... ~. ~ ~ama~ .~ MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: July 7, 2008 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF JULY 15, 2008 BID AWARD/SPORTS TURF ONE, INC./SEACREST SOCCER COMPLEX ITEM BEFORE COMMISSION City Commission is requested to approve the bid award to the second low bidder, Sports Turf One, Inc. for landscape maintenance of approximately 8.7 acres at the Seacrest Soccer Complex at $4,700 per morth for a total annual cost of $56,400. BACKGROUND Bids were received on June 27, 2008 from two (2) contractors all in accordance with City purchasing policies and procedures (Bid #2008-42. Documentation on file in the Purchasing Office). As stated on the attached memo dated June 30, 2008, the Acting Director of Parks and Recreation recommends award to the second low bidder, Sports Turf One, Inc. Sports Turf One bid pricing is in line with the cost to properly maintain sod/grass in accordance with the requirements for soccer fields. Listed is a sample of other soccer field maintenance in South Florida. Lockhart Stadium 2 Acres $4,026 per month Las Palmas Hotel 2.5 Acres $5,400 per month Lynn University 9 Acres $8,375 per month Sports Turf One, Inc is our current vendor for other sports related fields and has been servicing the City of Delray Beach contracts to the satisfaction of the department and within all guidelines of the contract specifications. Their pricing is lower per acre that the maintenance cost for the old multi-purpose field (see additional information attached). The low bidder, Harry Maxime Landscaping LLC is also a current landscape contractor for medians, but has had little or no experience with the care of Bermuda sod and the maintenance requirements for sports fields and is deficient in having the proper equipment required to perform the work as outlined in the specifications of this bid package. FUNDING SOURCE 001-4131-572-34.90 (GENERAL FUND/PARKS AND RECREATION/OTHER CONTRACTUAL SERVICE RECOMMENDATION Staff recommends award to second low bidder, Sports Turf One, Inc., for the landscape maintenance of the Seacrest Soccer Complex at an estimated annual cost of $56,400. V a Z ° o O N v LL ai E O HZ c o ~ Z 0 ~ ~ ~; ~ F- W ~ Z t ~ et ~ ~ ~ ~ *~ ~ . c ~ a 0 a `~ ~. W ~ ~ c ~ ~ - Q. o ~ ~ ~ ~ N ~ ~ ~O r~i W ~ ma w ~ ~ ~~ ~ o ~ o ~ W ~ ~ '~ L ~ ~ ~ } O0 ~ ~ ~" ~" ~ oa ~ H ~ ~ • W a , 0 ~ ~ ~ _ i Um O ~ L ~ N _ m W ~ V Z O z o Z a a W v ~ J (~ ~ Z a w _ ' 4 w ~' ~ w z a = ~ W d V ~' w ~ N a ~ ~ F z ~~ ° H z ~ v ~ uoi ,a° ~ Z ~ v ~ z N ~ 7 J ~ ~ ~ v ~ } V ~ © O tH ~ ¢w ~ vw v z ~ ~ o ` Z 1= ~ ~- ~ a F z ~c ~ a w c c ~ L F J J ~ ~O in m 7 ~ ~ i. ¢ ~ 0 T a C7ELRAY BEACH , . 7D~ N_~•V. 1sC fiVENUE a DERRP,Y BEfiCH, F!_a~11GA. 33444 a 56i!243-7000 All-America City ® MEMORANDUM 1993 201 TO: Patsy Nadal Purchasing Supervisor FROM: Tim Simmons Acting Director of Parks and Recreation SUBJECT: Bid #2008-42 - Seacrest Soccer Complex DATE: June 30, 2008 There were only 2 bidders on Bid #2008-42, with Harry Maxime Landscaping being the low bidder. However, Harry Maxime has na experience with Bermuda turf and no experience maintaining a sports complex. Mr. Maxime does not have the experience to maintain the complex as identified in the bid. I recommend Bid #2008-42 be awarded to the other bidder, Sports Turf One . Please place this an the July 15, 2008 agenda for City Commission. The amount is $56,400; this will be funded out of account #001-4131-572- 34.90. ~~ue Tim Simmons Acting Director of Parks and Recreation cc: David Harden, City Manager Senovain Stephens, Acting Parks Superintendent Attachment Ref:pnbidrec F~yICF ~RFO6~MAfriCE NTi=GRITY ~SFONSIBLE ~l€~IOVRTII/E~ ~AP~tV1/0R~ V a Z ° o O N v LL ai E O HZ c o ~ Z 0 ~ ~ ~; ~ F- W ~ Z t ~ et ~ ~ ~ ~ *~ ~ . c ~ a 0 a `~ ~. W ~ ~ c ~ ~ - Q. o ~ ~ ~ ~ N ~ ~ ~O r~i W ~ ma w ~ ~ ~~ ~ o ~ o ~ W ~ ~ '~ L ~ ~ ~ } O0 ~ ~ ~" ~" ~ oa ~ H ~ ~ • W a , 0 ~ ~ ~ _ i Um O ~ L ~ N _ m W ~ V Z O z o Z a a W v ~ J (~ ~ Z a w _ ' 4 w ~' ~ w z a = ~ W d V ~' w ~ N a ~ ~ F z ~~ ° H z ~ v ~ uoi ,a° ~ Z ~ v ~ z N ~ 7 J ~ ~ ~ v ~ } V ~ © O tH ~ ¢w ~ vw v z ~ ~ o ` Z 1= ~ ~- ~ a F z ~c ~ a w c c ~ L F J J ~ ~O in m 7 ~ ~ i. ¢ ~ 0 T a ~~w~: I~~d~i, ~~t~y drat: Friday, .Ju9y i.t.o Z00~ 90.5 ~M ~~®: ~rr'ith, A)~u~la~ ~~ab~: Gid ~2G0~-~~-~.ar~dd~e,~°~pe f~air~t~a~ar~~~: _ S~a~:r~~t ~~cer ~rn~lex -~ ~rmn~al ~c~sitract I~erXi~ud~ "Turf Mew e.~aa.tr~ct ~ril~ res~It b~ ~ de~;~ease efm 9i~9,65 der acre m'~2~d•9,13, Per ~~a~~thm ~~,~~;9.50. ~~.raa~ia.al)y ~3id ~20~~-42 -- f,ar~dsea~e To/~~aatte~a~nc~;, Se~ere~~t ~~r~;c;er ~~~a~Pdea~ ~,aRaaual ~.'c~ntract x,75 .~,crc~ m ~~3~.1~ Pei ~c;a•e - ~~7~®. Pea° aYa~ai~t~-~~56,~~0. u~~ly ®ld ~t~~.~~t~e k~i~;~ ~e~~~l ~a~1tx~Puz~a~se F'~eld - ~~a.~t I3gd #~0~~-41 6.~`~ /~c;xcs _ ~636.~~C Pex sere o ~3,9~~3. Per ~~~~~tt~~~G~`~,760..~.~ra~a~aa~ly Pu~-c9ia9~aa~ ~e~a~a~araeaat hid. (_`~61)'1.43~7161 ~'x. (5Fs1) Z43•-716 MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: July 8, 2008 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF JULY 15, 2008 APPOINTMENTS TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Education Board. BACKGROUND The terms for Mr. Gerald Crocilla, Ms. Debra Kaiser, Mr. Kenneth Zeno, Mr. Harold Van Arnem and Ms. Peggy Murphy will expire on July 31, 2008. Mr. Crocilla and Mr. Van Arnem will have served one (1) full term are eligible and would like to be considered for reappointment. Mr. Zeno will have served an unexpired term is eligible and would like to be considered for reappointment. Ms. Kaiser and Ms. Murphy will have served two (2) full terms and are not eligible for reappointment. Please note that there is a vacancy for a Student member but there are no applicants at this time. There will be appointments made for five (5) regular members to serve two (2) year terms ending July 31, 2010. 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 individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5) for five (5) regular members to serve two (2) year terms ending July 31, 2010. oiios EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31 /2009 Catherine DeMatto Unexp Appt 02/20/07 Tralning & Development/ Reappt 07/24/07 ~r ~L Sales 07/31 /2008 Gerald Crocilla Appt 08/01/06 Educator 07/31 /2008 Debra Kaiser Appt 07/06/04 Reappt 07/11/06 (~~ Executive 07/31 /2008 Kenneth Zeno Unexp Appt 08/07/07 Training Consultant/Educator 07/31 /2008 Harold Van Amem, Vice Qiair Unexp Appt 12/13/05 Reappt 07/11/06 Develo r 07 /31 /2008 Peggy Murphy Appt 07/06/04 Reappt 07/11/06 Director 07/31 /2009 Susan Sikich Amt o7/05/05 Reappt 08/07/07 Associate Director 07/31 /2009 Sandra Tobias, QZair Unexp Appt 02/21 /06 Reappt 07/24/07 Real Estate/Educator 07 /31 /2009 Perry Stokes Unexp Appt 01/03/06 Reappt 07/24/07 Educator 07/31 /2009 Mr. Peter Raycroft Educator UnexpAppt 01/03/08 07/31 /2009 Marlo Belldn UnexpAppt 01/03/06 Reappt 07/24/07 Educator STUDENT MEMBERS one term limit 07/31 /2009 Keren Eckstein Student Appt 01/15/08 partial term 2 YEAR TERM 07/31/2008 Student 1 YEAR TERM Vacant CITY REPRESENTATIVE: COMMISSION LIAISON: Janet Meeks - E ducation Coordinator 243-7231 Commissioner Fred Fetzer (Primary Member) Commissioner Nelson McDuffie (Alternate Member) EDUCATION BOARD Applicant Melanee Blanl~stein Lydia Carreiro Mary-E lizabeth Cohn Gerald Crocilla EXHIBIT A Background Educator/Consultant Educator Educator/Sales Consultant Educator Incumbent Bernard Federgreen Director of Operations (currently serving on the Board of Adjustment) Gerald Franciosa Retired/LawEnforcement/Accounting (also applying for the Public Art Advisory Board) Philip Friedman Retired Assistant Financial Aid Director (currently serving on the Nuisance Abatement Board) Tam Knight Retired E ducator Myra Leavy Bazemore Educator Isabel Male President-Consulting (also applying for the Public Art Advisory Board) Derline Pierre-Louis President/Plan & Budget Reviewer Jeff Ritter Assistant Professor/President-Consulting Alexia Rouquette Director of Marketing & Public Relations (also applying for the Public Art Advisory Board) Harold Van Amem Principal Developer Incumbent (currently serving on the Neighborhood Advisory Council) Sandra Weatherspoon Assistant Principal Kenneth Zeno Training Consultant/Educator MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: July 8, 2008 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION MEETING OF JULY 15, 2008 APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before Commission for appointments to the Public Art Advisory Board. BACKGROUND The terms for Mr. Vincent Dole, Ms. Sharon Koskoff and Ms. Mary Smith are expiring. Mr. Dole, Ms. Koskoff and Ms. Smith will have served two (2) full terms and are not eligible for reappointment. There will be appointments made for three (3) regular members to serve two (2) year terms ending July 31, 2010. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City rights-of-way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2) for three (3) regular members to serve two (2) year terms ending July 31, 2010. RECOMMENDATION Recommend appointment of three (3) regular members to the Public Art Advisory Board to serve two (2) year terms ending July 31, 2010. PUBLIC ART ADVISORY BOARD 08/07 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/31 /08 Vincent Dole Finance t 08/02/05 ~ ~ R t o~/ii/o6 Delr Beach, FL 33483 07/31 /09 Robert Currie Architect Amt o8/0~/0~ 72 S. Ocean Blvd # 4 Delra Beach, FL 33483 07/31 /08 Sharon Koskoff, Qiair Artist Amt o8/02/05 325 SW 29~ Avenue Reappt o~/ii/o6 Delra Beach, FL 33445 07/31 /09 Carolyn Pendelton Parker Landscape Amt o8/02/05 510 Gardenia Terrace Architect Reappt 07/24/07 Delray Beach, FL 33444 07/31 /09 Kevin Rouse, Vice Qiair Artist/Business Amt o8/02/05 1002 Lake Shore Drive Owner Reappt 07/24/07 Delra Beach, FL 33444 07/31 /08 Mary Smith Test Amt 08/16/05 245 NE 17ti~ Street Administrator Reappt o~/11/ob Delra Beach, FL 33444 07/31 /09 Patricia Tn~scello Public Relations Amt o8/02/05 829 North Lake Avenue Specialist Reappt 08/07/07 Delra Beach, FL 33483 Contact: Venice Cobb X 7056 S/City Clerk/Board 08/Public Art Advisory Board Commission Liaison: Brenda Montague PUBLIC ART ADVISORY BOARD EXHIBIT A Applicant Occupation Dana Donaty Artist Gerald Franciosa Retired/Law Enforcerr~ent/Accounting (also applying for the Education Board) Marilyn Gladstone Retired Executive Director NTichiko Kurisu Artist/Photographer Isabel Make President-Consulting (also applying for the E ducation Board) Richard McGloin Electrical Engineer Jerry Rabinowitz Photographer Alexia Rouquette Director of Marketing & Public Relations (also applying for the Education Board) QZris Stray Landscape Architecture & Design/Interior Design Kera Trowbridge Interviewer/Panelist MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: July 8, 2008 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF JULY 15, 2008 APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Public Employees Relations Commission. BACKGROUND Mr. Sidney Grossman, regular member on the Public Employees Relations Commission, was appointed to the Civil Service Board at the City Commission meeting of June 17, 2008. Since members cannot serve on these boards simultaneously, this creates a vacancy for a regular member to serve an unexpired term. The original term ending date was March 13, 2012; however, staff recommends that the appointment be made until August 1, 2012 to comply with the expiration date required in the City Code. Mr. Edward Desmond is an alternate member and would like to be considered for regular membership. Pursuant to Section 35.032 (A)(1)(a) of the City Code of Ordinances; the Public Employees Relations Commission shall be composed of three (3) members and one (1) alternate to be appointed by the City Commission. Members are to be appointed so that the composition of the local Public Employees Relations Commission is as follows: One appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employers; one appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees or employee organizations; and all other appointees, including alternates, shall be persons who on account of previous vocation, employment or affiliation, are not or have not been classified as representative of employers or of employees or employee organizations. The current appointment will represent the employer category. Neither the Chairperson nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in that office. The appointee need not be a resident of the City of Delray Beach. The following individual qualifies for the employer category and would like to be considered for appointment: Edward Desmond Incumbentalternate A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). RECOMMENDATION Recommend appointment of one (1) regular member to the Public Employees Relations Commission to serve an unexpired term ending August 1, 2012. PUBLIC EMPLOYEES RELATIONS COMMISSION (PERC - 4 Year Term) 03/08 TERM MEMBERS CLASSIFICATION OCCUPATION EXPIRES REPRESENTING 08/1/2012 Vacant Employer Unexp Appt 04/05/05 Re t 03/03/08 01 /29 /2010 Lorraine Kasper, Vice Qiair Employee Retired/E ducator Appt 02/05/02 Rea t01/17/06 06 /30 /2010 Dinah Stephenson Neutral Real E state Appt 05/21/02 reg Appt 02/19/02 tmexp alt Re t 6/20/06 ALTERNATE 06 /30 /2010 Edward Desmond Retail/Business Owner Appt 05/21/02 Re t 06/20/06 GENERAL COUNSEL I. Jeffrey Pheterson, E sq. Marie Appointed by PERC 09/13/91 Contact: Venice Cobb 243-7056 S/City Clerk/Board 08/PERC MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager THROUGH: David T. Harden, City Manager Richard C. Hasko, Environmental Services Director DATE: July 14, 2008 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF JULY 15, 2008 CHANGE ORDER NO.2BSA CORPORATION ITEM BEFORE COMMISSION This item is before the Commission to approve Contract Change Order No.2 in the amount of $39,909.00 to BSA Corporation regarding the new Information Technology Building. BACKGROUND The Information Technology Building (IT Bldg) awarded to BSA Corporation as a contract addition (Change Order No.l) to the North Wing City Hall renovations project is currently under an accelerated construction schedule. Change Order No. 2 attached hereto for your reference as Exhibit "A" is a result of the following: unforeseen site conditions (subsurface), Site Plan Review and Appearance Board (SPRAB) comments, Building Department review comments and Owner (IT) requested modifications to the plans. Change Order No. 2 (C.O.) not only describes the additional value gained per the plan review comments but also includes a credit of ($31,154) dollars, a savings realized as a result of the option elected by Commission to build the structure via the traditional method of construction in lieu of the originally proposed modular design. The contractor has also included the appropriate time extension within C.O. No. 2 of an additional 10 calendar days. Staff recommends approval of C.O. No. 2 to BSA Corporation as it will insure the continued level of continuity needed to complete the new IT Building ahead of schedule and the commencement of the North Wing City Hall Renovations by September of 2008. FUNDING SOURCE Funding is proposed from accounts 334-6112-519-62.85 General Construction Fund/City Hall Exp-It Bldg and 334-6112-519-62.86 General Construction Fund/City Hall-North Wing. RECOMMENDATION Staff recommends approval of Change Order No. 2 in the amount of $39,909.00 regarding the IT Remote Building and North Wing City Hall Renovations. Memo To: City Commission From: City Manager ~ CC: Date: July 14, 2008 Re: C.O. No. 2 for IT Building This change Order includes the cost of three trellises between the North Wing of City Hall and the new IT building as directed by SPRAB. The cost of adding these trellises is $17,455. They have no functional purpose, serving only to visually connect the two buildings. Drawings showing the location of these trellises and an elevation showing how they would look between the buildings are attached. They will only be visible to persons directly in line with the gap between the two buildings. Recommendation: Considering our need to minimize costs and stay within budget on capital projects, I recommend that the Commission overrule SPRAB and that we not construct these trellises. In the alternative, I would recommend that we only construct the eastern most trellis and not the other two. r1 00 ~~ ~ ~~~ ~a ~ ~ ~~,~ N a ,~ ~~~~~~ •~~~ ~ U ~ ~~ ~~~ 'dv~~ ~~a ~~o b .,., ~~ A W n n C~ __ ~ N -_ W _ • ~ CI I= c~~ - - ~_ • °~ ~ ~~ - - u~ ~ w H .m a as z • 0 x ~ U a W ~ a n n o Z O C~ • N ~ • • ~ • • • ~ • ~Z I Ci m _ = ci3 - ~0 _ CI F~ I= • ~ ~ C ^ u u ~ ~ • ~ w • ~ , O I • ~ ~ q' ~, ~ ~ ' ~~ a ~. ------0-----~ • • j~~ \ r~ r~.J. = ~ : ~, n I n i ~ , o c~ - = ~ J ;: ~. :. #. Via.,. N 3 - ~~~ ..i~::.. ~ _ I~ I • ~~~ ~ _ G = • •• • •• • ~ ~~~ use~ray rseacn, r ~. ~i~i444 cvN~ru~ conjT~AACroRS (i'hane} 561-272-E350 CONaTR~CTIpi~` MANAG~ILS ~8,~ ~~ rr a g (Fax} 561-272-7440 earLnorLnTion~ Project Marne: Delray Beach City Hall N Wing Ph 1 (I~' Bldg) Owner: C"rty of Deiray Beach 424 5nuth 5wintnn Avenue Delray Beach, FL 33444 ~ (Phone) 561-243-7343 (Fax) 561-243-7D6D Date: 07/11/08 Change Order Na.; contractor Project Nn:: JD803 Architect Project Rla.; 65D438 Quote No. Change Order Descripfion i Amount DDir1 Delete hallow Gore slab ,___ -$31,184 DD2r1 Excavation required far Naffing Engineering Soil Report, and removal and replacement of sidewalk $9,118 .located south of iT building DD3r1 Awning Added $828 D04r1 Add two (2) Fail Safe wa(I packs to the south wall $1,165 DD7r1 'Add one layer of 518" drywall to the under side afi the vsraod roof trusses at a(t areas except over $8,538 computer room 106 as indicated an "Typical Wali Section" shown on A-3.0 revised 3. 008r1 ~ Excavate, disconnect, and remove the underground roof drain lines nn the north side ofi the City $622 Hall North Wing Building. Q09 'Modify the buried site lighting electrical conduits found to interfere with the proposed cnnstrucfian, $2,758 D15 Ad'ust the Amish hardware allowance to reflect casts e ~ l x~ended trp to date. $, 4fl1 p17r1 Cost for additional 3D' fleet afi electrical service conduits and conductors not included in SBA's $3,677 GQntraGt. D'11 r2 Provide labor and materials required to complete the additional work shown on sheets SP-1, A-'#.0, E $5,fi29 A-2.0, A-4.0, 5-2.D, E-1 .p, E-2.D, & M-1.0 Addendum 2 dated D5/2D/D8 ~ D16r1 Provide additional labor and materials required to relocate the Generator enclosure as indicated by $13,534 the city manager approved plan dated 06119/fl8. Extension ofiTime This change Order 10 Days Previous Extensions of Tune Days Total Extension of Time to Date 10 Days Original Contract completion Date 091121D8 Revised Compfetian Date 091221D8 t7~tiVR ~ city of Delray Beach . By: Botr Diaz Date: 3 C{~EVTRA~TOR BSA Cnrparatian By: Date: e antraGtar ere y reserves jts ng t to G(aim additional time andlor monies far the cumulative impact of project changes. AS SET F®RTH IN F'AIeAC~R~4PH 4 QE Ot~R CQNSTRE~CTIDIV CDB~TRACT, P~YNi1=PST [~ REQtPiR~D l~TT~4~ Tfiidi A C[~AI~G ®RD~R t~ ~XEGtJTE~I. original Contract Amount $E84,783 Total Previous Change Orders Contract Arr~t. Prior to-this G.O. wB84,783 Total This Change Order $17,171 Currettt Contract Annaunt $7{31,954 caRra~nrin€~ GENERA;. CdI.1TRACTC}R5 C©NSrRUCTiON MAfVAGERS ., . ~....~ u ., ,,,. gelray beach, FL 33444 (Phone) 56~-272-8350 (Fax) 561-272-744Q Project-Name: Delray Beach City Hall N Wing Ph 1 (1T Bidg} Owner: City of peiray Beach 424 5nuth 5wintan Avenue Delray Beach, FL 33444 (Phone} 561-243-7343 (Fax} 561-243-7D60 Date: 07111/08 Change Order Na.: 002 CarttractQr Prnject iVn.: )€1803 Architect Project lVo.; 65D438 Quote No. Change Order i]escriptian Amount OOBr1 `Add (3) trellises to be located in between existing Gity Hall and the 1T Building $17,455- , fl19 Provide labor and materials to complete the additinnai ram landin s ste s and reali ns as P, g ~ P 9 $5,283 E 1 indicated per the attached "mark up" of SK -1, Papas 1 & 2, dated 07111108. ~ ~ E ~ i ~........_...__«J ~ L i i ~ i i Extension of Time This Change Order 5 Days Previous Extensions of Tune 10 Days Testa[ Extension of Time to Date 15 C3ays Original Contract Completion Date 09112/08 Revised Completion Date 09f27108 ©~141fi~ER City of Delray Beach ~. By. Bob i31az Elate: C®4VTRACTQR BSA Corporation,, By: Date: The Gontractar hereby reserves its right to claim additional time andlor monies fnr the cumulative impact of Prnject changes. Original Cnntract Amount $684,783 Tatai Previous Change Orriers $17,171 Contract Amt. Prior to this C.O. $701,954 Total This Change Order $22,738 Current Contract Amnunt $724,692 ASS SET FC7RTH fN PARACaRAPH 4 OF OUR CQf~STRUCTI©fio[ C®~TRAGT, P~YMEhIT !S REQ€31RED AT THE TIME A CH~4NGE ORDER iS EXECt3TED. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: July 15, 2008 SUBJECT: AGENDA ITEM 9.M. -REGULAR COMMISSION MEETING OF JULY 15, 2008 RECONSIDERATION OF APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION The item before the Commission is the reconsideration of a board member appointment to the Downtown Development Authority made by Commissioner McDuffie on July 1, 2008. BACKGROUND On July 1St an appointment was made to the Downtown Development Authority by Commissioner McDuffie. There has been a request to reconsider the appointment. RECOMMENDATION Approve the Reconsideration. ~' if.~ _ ~ ''~~' ~. :Li ~~, a.:i<. JGw MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney DATE: July 7, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JULY 15, 2008 DEVELOPMENT AGREEMENT/VISTA DEL MAR, LLC 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. The Agreement provides that in exchange for the dismissal of these lawsuits, the City will allow VistaDel 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 72- room hotel with a snack bar and a 52-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 lobby area has been changed to include a conference room, office and snack bar areas, the parking garage has been modified to add one (1) space, a portion of the building has been shifted north along the property line to accommodate the lobby area expansion and additional area in the garage, 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. 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 July 15, 2008 and August 5, 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. 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 public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met 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) reauires 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, August 5, 2008. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 10 This instrument prepared by: .l. Michael Marshall, Esq. Siemon & Larsen, P.A. 433 Plaza Real, Suite 339 Boca Ratan, Florida 33432 561.368.384$ Parcel LD. No.: 12-43T46-16-2$-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, FIorida, a Florida municipal corporation (the "City"), and Vista Del 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 GovernmenC Development Agreement Act, Sections 163.3220_163.3243, Florida Statutes, and is binding on the effective date as set forth herein. VUitnesseth: WHEREAS, Vista Del 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 Central Business District ("CBD"); WHEREAS, Policy 4-1.6 and Policy C-4.1 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-I.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; WHEREAS, Section 4.4.13{B){5) provides that hotels and motels are permitted uses in the CBD district; WHEREAS, the Property is currently developed with a 24-room hotel known as the Bermuda Inn; WHEREAS, on August 8, 2001, the City's Site Plan Review and Appearance Baard ("SPRAB") approved the Owner's plans far redeveloping the Property with the proposed Hotel Vista Del Mar {the "Approved Site Plan"} after determining that the Approved Site Plan connplied 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 SPRAB 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 Certiarari 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 YVrit 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 2.001 SPRAB 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 SPRAB 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 3udicial Circuit in and for Palm Beach County, FIorida (the "Circuit Court"), entitled Vista Del Mar, L.L.C. v. The City of Delray Beach, CASE NO. SO 2006 CA 000141 XXXXMB (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 far such redevelopment to occur on the Property; 2 WHEREAS, the Owner proposes to redevelop the Property with a 72-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 alI 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 deveIopment/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 Dekay 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 development/redevelopment in the- CBD and result in enhanced economic benefit to the City with respect to the stability and potential for future development~redevelopment of properties in the surrounding area. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the receipt and sufficiency ofwhich are hereby acknowledged, the parties agree as follows: Section 1. Recitals The foregoing recitals are a part of this Agreement on which the parties have relied and 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 Policy 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 2001 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 163, or in other applicable Florida Statutes. If any term contained herein-s 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 5{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 for 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 .163.3221, et seq, as to the form and content of this Agreement and accordance therewith set forth and agree to the fallowing: A. Lego! 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 {5) years from the effective date of this Agreement to obtain all certificates of occupancy andlor f nal inspections for structures on the Property as shown on the Revised Plans. This Agreement maybe renewed or extended as provided herein provided the lawsuits referenced herein are dismissed. C. Permitted Uses 1. The development permitted an 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, 2001, the date of the SPRAB Approval. h1 the event that all or a portion of the existing or authorized development subject to this Agreement should be destroyed by storm, fire 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 Property Exhibit B: Revised Plans 4. Applicable Density. Intensity and Building_Heights. Density and intensity shall be as provided in this Agreement and a5 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(K) of the City's LDRs. D. Public Facilities 1. Potable Water: The City currently provides domestic potable water to the Property. 2. Electrical Service: Florida Power and Light Company currently provides electrical service to the Property. 3. Solid Waste: Waste .Management currently provides solid waste service to the Property pursuant to its service agreement with the City. 4. Wastewater .and Sewage: The City currently performs wastewater and sewage collection and disposal an the Property. S, 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 for visitors and guests of the Property. Therefore, redevelopment of the Property will have no impact on public recreation facilities. S 7. Stormwater: A stormwater management plan which meets ail 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/redevelapmerat 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 fallowing. is a list of all 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 construction related permits required for all structures, utilized far 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 all required permit fees; 3. any and all required federal,. state, regional, and local permitss 4. any and all required federal, state, regional, and local permits for storrnwater runoff. G. Finding of Consistency By entering into this Agreement, the City finds that the redevelopment of the Property in accordance with the Revised Plans attached hereto as Exhibit B is consistent with and furthers the City's Comprehensive Plan and applicable LDRs. 6 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 all required permits and in accordance with all applicable provisions of the City's Comprehensive Plan and LDRs in effect on August 8, 2001, the date of the 2001 SPRAB 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 regulatoiy entities for that building. The City agrees that any permits ar certificates of occupancy to be issued by the City shall oat be unreasonably withheld or delayed. J. Compliance With Other Permit, Terms, Conditions, and Restrictiflns The failure of this Agreement to address a particular permit, 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 LDRs in effect on August 8, 2001, the date of the 2001 SPRAB Approval. The parties do not anticipate that the City will apply subsequently adopted laws and policies to the Property, except as expressly provided in this Agreement. 2. Pursuant to Florida Statutes Section 163.3233, 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, ar 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 substantia] changes have occurred in pertinent conditions existing at the time of approyaI of this Agreement; or Owner. d. this- Agreement is based on substantially inaccurate information supplied by 7 3. If state or federal laws enacted after the Effective Date of this Agreement preclude any garty's compliance with the terms of this Agreement, it shall be modified as necessary to 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. S. This Agreement does not and shall not be construed to waive or abrogate any rights that may have .vested or inured to the benefit of the Owner of the Property pursuant to common law. L. Amendment, Renewal and Termination This Agreement maybe amended, renewed, or terminated as follows: 1. As provided in Florida Statutes Section 103.3237, 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 iii 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 City. 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 first 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 height, 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 City 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 103.3235, this Agreement maybe revoked or modified by the City if, on the basis of substantial competent evidence, the City 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 8 providing City with ninety (90} days from the date of receipt of the notice to cure the breach or negotiate an amendment to this Agreement. 5. This. Agreement maybe terminated by mutual consent of both parties. 11~. Breseh 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 the 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 ~ 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, or negotiate an 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 or performance of the obligations impaled 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 must submit evidence to the City's reasonable satisfaction of any such delay. N. Notices All notices, demands, requests, or replies provided for or permitted by this Agreement, including notification of a change of address, shall be in writing to the addressees identified below, and may be 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 Faulk Road Wilmington, Delaware, i 9803-3740 With a copy by regular U.S. Mail to: Siernon & Larsen, P.A. 433 Plaza Real, Suite 339 Boca Raton, FL 33432 561-368=3808 TO THE CITY: David T. Harden, City Manager 100 N.W. 1St Avenue Delray Beach, FL 33444 561-243-7015 With a copy by Regular U.S. Mail to: Paul Dorling, Director of Planning & Zoning 100 N.W. 1st Avenue Delray Beach, FL 33444 561-243-7043 and Susan A. Ruby, Esq., City Attorney 2(10 NW 1st Avenue Delray Beach, FL 33444 561-243-7091 10 O. Annual Report On 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 development 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 from 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 inay 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 safely on the drafting of the Agreement. S. Severability In the event any provision, paragraph or section of this Agreement is determined to be invalid. or unenforceable by a court of competent jurisdiction, such determination shall 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 legal proceeding arising out of this Agreement shall be Palm Beach County, Florida. V. Use of Singular and Plural Where the context requires, the singular includes the plural, and plural includes the singular. W. Duplicate Originals; Counterparts I1 This Agreement may be executed in any number of originals and in counterparts, alI of which evidence one agreement. Only one original is required to be produced far 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 all prior negotiations, correspondence, conversations, agreements, or understandings regarding the matters contained herein. The parties agree that there are no commitments, agreements, or understandings coneeming 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 captains the entire and exclusive understanding and agreement among. the parties and may not be modified in any mapper 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, Tallahassee, 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 ar its agents. The Owner shall also provide a copy of the recorded .Agreement to the City at 100 NW lst Avenue, Delray Beach, 1~lorida 33444, within the same time period. This Agreement shall become effective thirty (30} days after the date the state lapd planning agency receives its copy from. the City,, as required by Florida Statutes Section 3$0.0552(9} IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year below written. Sigped, sealed, and delivered in the presence of: [SIGNATURE PAGES TO FOLLOW] 12 WITNESSES: Signature Name: Signature Name: STATE- OF FLORIDA COUNTY OF PALM BEACH OWNER: VISTA DEL MAR, L.L.C. Bv: Manager~lVlember Print Name: The following instrument was acknowledged before me on this day of , 2008, by as Manager/Member of Vista Del Mar, LLC, who is personally known to me nr who produced as identification, and wha didldid not take an oath. Notary Public, State of Florida At Large My cornmission expires: On the day of 2008, the City Commission of the City of Delray Beach approved this Agreement by Resolution No. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF DELRAY BEACH, FLORIDA ONLY 13 Rita. Ellis, MAYOR Exhibit "A" ~.eQal Description Lots 6, 7, $, 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. Except the West 2 feet 8 inches of Lots 8, 9, and 10, Block 1, deeded fo Cify of Delray Beach for street purposes; and also excepf that part of Lofs B and 7 lying East of fhat certain line as shown upon Map entitled "Plat of Survey for Establishing a Line fo Serve rn the Place of the West Boundary Line of Ocean Boulevard in Fractional Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida" as recorded in Plat Baok 20, Page 4, Public Records of Palm Beach County, Florida. Exhibit "A" Legal Description Lofs 6, 7, 8, 9, and 10, Block ?, OCEAN PARK, according to the Plaf thereof, recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach Counfy, Florida. Excepf fhe West 2 feet 8 inches of Lots 8, 9, anal 1 Q Block 1, deeded to Cify of Delray Beach far street purposes; and also except that parf of Lots 6 and 7 lying East of thaf certain line as shown upon Map entitled "Plaf of Survey for Establishing a Line to Serve in fhe Place of the Wesf Boundary Line of Ocean Boulevard in Fractional Section 76, Township 46 South, Range 43 Easf, Delray Beach, Palm Beach County, Florida" as recorded in Plat Book 20, Page 4, Public Records of Palm Beach County, Florida. EXHIBIT iiB37 h U FIJ H m ~ `a V ~ ~ a Q e p 5 a ~ ~ s~ f~ ~~ Q .,__, 0 x H a a ~ fY s ~ a O ~ ~ u a ~~t ~ ~ ~ a U~ z 0 H W M W. H °~ ~~ U ~ e Q e aa• L J t ~ c ~ , ~"~{ Q .~,,,J y..r~ ~L~/ 0 x C m < ~ ~ ~ n 4 ox N C (~ L d^ ~ 7 Tom' ~~,~1 W z .~ W w ~ a~ R; _. z~s v Q . ,._, a~ +~ 0 x U H ~ r. U ~ a a~ _ : c~ ~ - y ~ D ~ c o d y ~ ~t ~ C ~fs i ~~\ \~1 z c N r W a W N "s `~ ~_ w ~ ~ ~ . ~ m ~ m e Q• p J ~ a . ~ ~ C ~ a p (/~ o e Ll ~ ~ i ~ ~ 7 V T ^~^~1 ~LJ .4...~ v J r~~ 1 ~1./ O x ~~Tn ~~i~\ L ~`~` 1 z 0 ~, H r w a ~ i x~ ~ H& ~~: J ~' ; fJ] . a } Hotel Vista Del Mar i r-,:,- ;! , ~ , _ , ~---- ~, i 4 ?rw~uvERr+s f~ ~ I I ~~SF'dCE~ ~~" I W f - :~,~ 1 .:~ ,~ ~.~ ra,~ H~u maLL ~~i ~ I ~ ~ 6' HIG II WnI.L'•. rt l y Il i I - V ~ .. _ _ _ __ . I I ~ 1 l.3 ~• 6+ 5L FOR FiIN 6' `J' n --- -- ~ .n. u ~~ .1, ~ n ;~ "' I ~~~ ~ --- - ^° ~ ~ ~: y el [ ~ i ' n .~ ,l ~ $ - 1 ~~~ ~~ I ~ ~ ~F ; Ia~m; ~ - - ~ I I ?f PARK1r.Yt Fi~.~CE5 -_ _. 1 ~~.. - ~~ f I ~u z ~- III ~ ~ ~; of~I.-.--~ U ~ L~ ~ GCCLI ~ ~ I `~~ ' ~• ~`_ - 1 _ -~ _ 1 PARKING LEVEIr PLAI~1 ~~ ~ Cl1RR4E • SOWARDS • AGULLA • ARCHITECTS wn` ..n a ArchiteCt6 • Planners • Irnarior QtBiyeQrs Hotel Vista Del Mar 0 5 ~ 1 ~ ~~ ~ ~ ~' i~ ~ ~\ i / ~~~~ r ~ 1 1 I f L _'~ I I is i- _ ~' ~~ -`~t -- 50ElTN OCEgIy BpULEygRp fsTATrr IiIGHWAY A-1 A} BO5TON'4 uwPER tJE'CK GROUND Fi.()pR PT.P,N~B GllRF:iE • SQWARD5 • AG1111A • ARCHETEC'f5 °"' '""° ArchllecFx • planners - I~erlar Geslyners Hotel vista Deb Mar 1 ~ ~~ - ~~ ~ ~ ~ : - ~ - 1 l' J f . ~~ S I ~~'_'` ~~4'~ ~ l ff/<' ~ W~ ~~~ ~ ~tiU tt ~ , Y~ ,~,~ ~. y,. u f tto~.. .,c°?tt ,:~. I M(s _ s f ,~fi ~ ~ v~, f.c ~ ~ f ,,i~ 1 -.,Q I °~.p;,a 1 1 .1 f -~ ~ r~ 1 ~ ~__~_- 2I~'D FLOOR PLAN ~. .R~ _~, i E 1 Hotel Vista Deb Mar 3RD FLOOR PL.~N ~ ~} ~ C[JRRIE • SOWARDS • AGUfLA • ARCHITL=CFS ~~ tix~ ~ tr ~ a o, Arehf6ects • P1a~nefa - lr~lerlar o.~aFQn~rs Hotel Vista Del Mar I YI E r~ j , ~ 1 I ~ ! i c-s - -- ~i~J (131 r~ ~ !%51 - l~ r ,~ _ ~o m -- - _ ~~ - - . _ . Sai e~ airz^rr~w~- _ ~ - ~-. __ ~~ : - - - - - ~ 1 _` - ~..~, 4TH-5TH ~.OOR PLANS ~~-~ T cU+~rlr • SoWAROS • acu1LA • aRChllrecrs Kam.. , . ",• > "'• Archltecfs • Planners . j Intsriar D~slgnefs I Hotel Vista DeI 11~Iar ,~~ ~~ ~, ~~~Es ~_ ~__~ ROQF PI.A,N ~ s CLIRRrE • SQWARDS • AGUILA • ARCHITECTS '"° "~'~ Arthr7ects . Planners • ]rrterfor Designers ._ __ .. *~~ n~ 1~ {f] • ~•.~ r-~~ ~--~ x F ~.~ _H 2 e () C ~ ~ Q o d. p 0 ~] ~ _ ~ L7 ~ a- e ~ a~ R 3 a O ~ N 6 LN v a a a v z 0 w c~ z Q ~ g: d ~: ~, oa ~ ,_ `~ ~ o s, ~~ 0 0 0 0 ~~~oo ~ ~~ ~Q O~ e0~~~ ~~ +t 1 r~ r i ~~~ ~ ~ __V ` _ .C ll r61 ~ V. U. ~~~ ~ ~ >~ ~ F- H- ~ ~ i ~ a : ~ !€~jl~~~~~i~i{f~~~~~ toe 4 ]L} '!_ ~~i}~ 1 ' ~ ~ ~ i ~ ~~ jJ~~ gs¢r~r Ig ~ I®I ~ ® ~ ~ ~ `a g ..; . 11 .. ~ .., !ii .,. F ~:,~~ 2~i ~: x~,~..~ ~~~: ~ ~ q 3 $ a~ Aii.:.ii~yei: Q ~ ~ ~ ~s BB F e3~!}~I~~l~~~ ~ ~ I~F#~8!i/ ~ ~~~~ fi12~ ~ is ~~~ a~~9 iiA MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: JULY 15, 2008 SUBJECT: AGENDA ITEM # REGULAR MEETING - JULY 15.2448 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 De! Mar and the City of Delray Beach. Attached to the development agreement is a site plan, landscape plan and architectural elevations for the 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 SPRAB on June 20, July 11, and August 8, 2001. The development proposal included the demolition of the Bermuda Inn, a 20 room, Iwo-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'. 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 112 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 the Site Plan and Appearance Board approved the Class V site development plan, waivers, landscape plan and architectural design elements associated with the Hotel Vista Del Mar. A complete analysis of the proposal is found in the attached August 8, 2001 Site Plan Review and Appearance Board staff report. Vista Del Mar July ~ 5, 2408 On August 20, 2001, the Site Plan Review and Appearance Board's action was appealed by Michael Weiner, attorney for Perry DonFrancisco owner of Boston's Restaurant (property immediately to the north). The basis of the appeal was that the actions taken by the Site Plan Review and Appearance Board were inconsistent with the Comprehensive Plan, LDRs and the taws 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 THi*! REVISED i?LANS The Treasure Coast recommendations focused on the interaction of the building with the street- scape along Al A 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 each of the elevations are proposed primarily consisting of changes to exterior building materials, changes to window types and related awnings, and the elimination of faux windows previously proposed on the north and south elevations. Modifcations to the site's traffic flow to a one way in, (A1A), and one way out, (Salina Avenue) is proposed. Additional internal modifications include the addition of two hotel rooms (72 versus 70} the elimination of laundry and maid staging areas on the fifth floor, modifiications 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, conference room, and expansion of the ramp area of the garage. It is noted the addition of a conference room will require additional parking that has not been provided. Therefore, this floor area will need to be modified, eliminated or additional parking must be provided. RECOMMENDED ACTION Given the scale of the proposed changes (location of building along the north property line) additional review by staff and or SPRAB should be conducted prior to consideration by City Commission. Attachments: ^ Rendering ^ Reduced Plans 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 HOTEL VISTA DEL MAR A. History and Current Status of Hotel Protect On October 3, 2000, Petitioner filed a series of site plan applications for the Hotel Project with the City. The frst site plan called far the demolition of the existing 20 room motel to be replaced with a 103 room residence hotel 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 70 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 at its August 8, 2001 meeting. Currently, the proposed plans are similar to the plans SPRAB approved in 2001, with minor modifications including: there are 72 rooms, 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 some 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 7. Petitioner Appears Before the City Commission. At the October 2, 2x01 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 pf 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 novo." 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 nova 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 8, 2001, had been fully reinstated. This was incorrect because the Court ordered a remand in a de novo proceeding before the City Cammission. The City's Planning and Zoning staff made the incorrect assumption that the City lost the lawsuit based upon incorrect representations 17y Robert Currie, Architect and Agent for Petitioner. Mr. Currie incorrectly stated, "as you are aware the City lost 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, 2x04, the Hotel Project went before SPRAB for Class II Site Pian Modification approval pursuant to LDR Section 2.4.5(G)(1)(b). SPRAB voted 6-1 to table the Class II site plan modifications. (c) Ci#y Received Request for Appeal to the City Commission on February 11, 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 tha# 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 felt 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 AAeeting of April 13, 2004. On April 13, 2004, the City Cammission conducted aQuasi-Judicial Hearing an 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 Plan to SPRAB as a Class lV Site Plan, or (3) abandon the Site Pian 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 al[ alternatives suggested by them at the City Commission meeting of April 13, 2004 to the Fifteenth Judicial Circuit Court, Appellate Division, by fling a Second Writ of Certiorari. In January, 2005, this Honorable Court granted Petitioner's 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 f=ourth District Court of Appeal. On ar about March, 2005, Petitioner filed his third Petition for 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 7, 2005. On December 7, 2005, the City Commission conducted a quasi judicial de novo hearing an Boston's appeal of the site plan approved by SPRAB at its August 8, 2001 meeting. Ultimately, the Commission voted 5-0 to approve Boston's appeal, thereby denying the August 8, 2001 SPRAB approval of the Petitioner's site plan- based upon findings of fact made on the record. (b} Petitioner files Fourth Wrlt of Certiorari and Court enters Order. Page 4 Petitioner appealed the December 7, 2005 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, 200fi 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-Q6 which changed its appeal provisions under Secfion 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 Plan. 7. The proposed Development Agreemen# would settle both the pending Writ of Certiorari case which was remanded on July 11, 2006 to the City Commission for rehearing and the Circuit Court case filed in 200fi for Declaratory and Injunctive Relief. ~° ,_ ''~ ~ - - k~ 1~ ,. ~~~ r~ MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: July 8, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JULY 15, 2008 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN (FY 2008-20091 ITEM BEFORE COMMISSION Public Hearing and approval of the 2008-2009 Annual Action Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds. BACKGROUND Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local planning documents as a condition of receiving federal assistance. Federal Regulation 24 CFR Part 91 governs the local plan submission and requires that each municipality submit an Annual Action Plan each fiscal year. Citizen participation is integral to the development of the Annual Action Plan. Grantees are required to provide at least two public hearings per year to obtain the public's views and to respond to proposals and questions. Any comments received from the public which are not accepted must be summarized and included in the final plan as an attachment. The attached Annual Action Plan provides a description of the City's plan to utilize CDBG funding for activities and programs consistent with the needs delineated in the Five Year Consolidated Plan. The City CDBG entitlement for FY 2008-2009 will be $576,634 and has been categorized by the following objectives: CDBG PROGRAM ADMINISTRATION$104,980 HOUSING Owner Occupied Housing Rehabilitation $195,474 Neighborhood Enhancements$28,000 Demolition and Clearance $29,680 PUBLIC FACILITIES AND IMPROVEMENTS Installation of pedestrian sidewalks within the CDBG Target Area $100,000 NRC II Hurricane Shutters $ 7,000 ECONOMIC DEVELOPMENT $25,000 Funds in support of various eligible technical assistance & economic development activities PUBLIC SERVICE $86,500 Funds in support of various eligible public service activities consistent with needs identified in the City's Five-Year Consolidated Plan and are subject to a 15% cap of annual allocation. TOTAL CDBG FY2008-2009 BUDGET $576,634 FUNDING SOURCE Community Development Block Grant RECOMMENDATION Approval of the 2008-2009 Annual Action Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds. ~~~~~.~~,~r~roF~OG~ ~ ~ ~~ ~ ~ ~ ~ Fourth Pro ram Year g ~~~~ ~~~~~~~ Action Plan The CPMP Fourth Annual Action Plan includes the S~ and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Narrative Responses Executive Summary The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. Program Year 4 Action Plan Executive Summary: The U.S. Department of Housing and Urban Development (HUD) requires that all Community Development BIock Grant (CDBG) Program recipients develop an Annual Action Plan component of the five-year Consolidated Plan each year. The Plan. serves as the application of funding for the CDBG program and describes the activities that will be undertaken during the next fiscal year. Activities are selected for funding in accordance with the priorities established in the 2005-2010 Consolidated Plan and in accordance with the primary objectives of the CDBG grogram which are to x}create suitable living environments 2}provide decent housing and 3}create economic opportunities. 2008-2oog CDBG funds have been categorized into the following activities: Activity Proposed F~ndin Housing Rehabilitation; Single-Unit Residential $195474 Public Facilities & Improvements $107,000 Neighborhood Enhancements 28,000 Public Service (subject to 15% Cap) $86,500 Administration (subject to 20% Ca -- includes Fair Housin Activities) $104,980 Dernolitian and Clearance $29,6$0 Economic Develo ment $25,000 Total: $57b~634 General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas, Fourth Program Year Action Plan 1 Version 2.0 City of Delray Beach 2, Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA} (9~.2~5(a) (~}) during the next year and the rationale for assigning the priorities, 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. 4, Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected tv be available to address priority needs and specific objectives identified in the strategic plan. Program Year 4 Action Plan General QtYestian's response: Geographical DistxibYxtion & Rationale for Assigning Priorities One hundred percent of activities funded in the 2008-2o0q Annual Action Plan focus on the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from Lake Ida Road (north) to Linton Blvd. (south) and from interstate 95 (west) to U.S. ~ (east). This area includes the downtown business district and twenty-eight residential neighborhoods. The majority of the City's minority and iow- to roderate-income population is concentrated within the 728 acres that make up this residential core. The area contains approximately 2,22t} dwelling units, including single-family, duplex, and multi-family units. A variety of affordable housing units have come on line within the designated target area over the past to years including two owner-occupied single family subdivisions, 175 new infill single family units, 20 workforce town homes and a small amount of affordable rental units. During the o7-08 program year, the City gained an additional 23 affordable rental units available tolow-moderate income residents. Meetin Underserved Needs In 2008-2oog, the City of Delray Beach will continue providing funding for a variety of housing and community development projects and programs designed to meet the diverse needs of its citizens. On an on-going basis the City is involved with numerous initiatives and has forged successful partnerships with key agencies to provide a wide array of services to residents in need. In August, 2006 the City opened the Delray Beach Neighborhood Resource Center (NRC}. The NRC's mission is to enrich the quality of life of City residents and promote a sense of community through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles, During program year 2008-2oog the NRC office space will continue to serve as home to agencies such as the Delray Beach Community Land Trust, United Way Prosperity Campaign, Families First, Coalition for Community Renewal (formerly Weed & Seed}, CROS Ministries/ Caring Kitchen, as well as a a~ City funded position. The City will continue to utilize its unique network of homeowners associations to foster communication between the City and the neighborhoods at the resident level. In doing so the Community Improvement Department can gain important feedback and citizen input from the residents themselves and overcome obstacles as they present themselves. Fourth Program Year Action Plan 2 Version 2.0 City of Delray Beach Resources Available to Address Identified Needs During the 2008-2oog program year, the City of Delray Beach will continue to implement its 2005-2ozo Five-Year Consolidated Plan. CDBG program funds will be enhanced through leveraging other Federal dollars, State and Local resources as well as private mortgage funds. The City expects to receive the following funding: ~ndin Source: Amount: CDBG Entitlement Funds $,6,634 State Housin Initiatives Partnershi (SHIP) $668,634 Disaster Recovery Initiatives (DRI) -carry over from last year $1,200,000 (a rox.) Revenue from Urban Development Action Grant (UDAG) repayment - in su ort of local Nei hborhood Pro rams $149,000 Children's Services Council (CSC) $8o7,4Sg City of Delray General Revenue funds in support of community service or anizations $ ~~,ooo Section 8 Funds (Delray Beach Housing Authority -serves z,2oo+ families under this ro ram} $8,y41,i36 Total: $ X2,042,863 Managing the Process z. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 4 Action Plan Managing the Process response: The City of Delray Beach is an Entitlement City that receives funding from HUD through the Community Development Block Grant program. The City's Community Improvement Department/ Neighborhood Services Division is responsible for overseeing the development of the Consolidated Plan and far implementing the CDBG program. The City provides technical assistance to individuals, businesses, and sub-recipient agencies participating in the CDBG program and works with them in developing, coordinating and implementing programs to serve the needs of the community. In addition the City continues its effort to streamline services and avoid duplication, maximizing overall resources and results. Fourth Pragra~n Year Action Plan S Version 2.0 City of Delray Beach Neighborhood Services staff developed the Year 4 Action Flan through analysis of demographic data, consultation with community gxoups and concerned citizens, meeting with individual contacts, consultation with public and private agencies, and discussions with other governmental agencies. Representatives of the following agencies either attended meetings or were contacted individually for input: The Delray Beach Housing Authority, The Delray Beach Community Redevelopment Agency, The Center for Technology, Enterprise and Development (TED Center), Achievement Centers for Children and Families, CROS Ministries/ Caring Kitchen, Homeless Coalition for Palm Beach County, Fair Housing Center of the Gxeatex Palm Beaches, Urban League of Falm Beach County, United Way of Palm Beach County, Families First, Delray Beach Community Land Trust, Neighborhood Advisory Council, City of Delray Beach Planning and honing Department, and the Palm Beach County Department of Housing and Community Development. All 28 neighborhood association presidents from the CDBG target area were encouraged to attend meetings and participate in the Action Plan process. Information was extracted from the following sources: US Department of HUD, 200o census, Palm Beach County Housing and Community Development Division, City of Delray Beach Local Housing Assistance Plan, and the Census and Survey of the Homeless Population in Palm Beach County, Florida. The City has formal partnerships in place with many of the partners listed above. Joint planning activities occur an an on-going basis to develop collaborative projects and initiatives consistent with the community's objectives. The City provides direct funding fax many of the programs and services provided by partnex agencies and are directly involved in the monitoring and oversight of those programs and activities. The City has worked vexy closely with the Delray Beach Housing Authority, Community Redevelopment Agency and Delray Beach Community Land Trust to plan and put into action several affordable housing projects and initiatives. The City meets regularly with key members from these agencies, and has formed joint planning committees and task farces to develop specific plans to address the areas most pressing housing needs. Among the current initiatives being collaboratively planned and/or implemented are a redevelopment plan for the City's own public housing complex, the Southwest Neighborhood Redevelopment Flan, the West Settlers Historic District Revitalization, the Downtown Master Plan, and the RACE initiative. Citizen Participation i. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. g. Provide a summary of effoxts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non-English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Kesponses maybe included as additional files within the GPMP Taol. Fourth Program Year Action Flan 4 Version 2.t) City of Delray Beach Program Year q. Action Plan Citizen Participation response: The City of Delray Beach's City Commission delegates responsibility for the preparation of the Consolidated Plan to the Community Improvement Department/Neighborhood Services Division. The Division is responsible far administering the City's community development and neighborhood services programs, develops and manages several agreements with outside agencies to provide housing and social services to residents throughout the City. For the past several years the City has been engaged in vital planning initiatives with citizens, non-profit organizations, and other community stakeholders to improve housing, social services, economic development, and livability conditions throughout Delray Beach. Particular emphasis has been placed on involving residents within the CDBG target area in the planning process of the Annual Action Plan. The City has worked very closely with neighborhood associations and other community organizations to ensure that the planning processes reflect the priorities of those most impacted. In addition, several grassroots planning bodies have been established to create opportunities for ongoing stakeholder involvement including: The West Atlantic Task Team (WATT) - a planning body consisting of representatives from all of the neighborhood associations and community organizations located on west Atlantic Avenue; as well as the City Commission appointed i6 member Neighborhood Advisory Council (NAC). A Needs Assessment Meeting was held at the June ib, 2008 NAC board meeting. This allowed for public review of the plan and the opportunity to provide input. As required by HUD, a public hearing is to be held on July i5, 2008 to obtain citizen input for the Action flan. In addition to advertising the public hearing with 15 days prior notice, neighborhood associations, public agencies and other interested parties were notified by letter of the date, time, and location of the public hearing. The City also adverstised that the plan was available fora 30 day public comment period from 6/x3/o8 - ~/x5/o8 at City of Delray Beach Community Neighborhood Services Division, Delray Beach Housing Authority and the Delray Beach Neighborhood Resource Center. The draft plan was also available online at www.m~ydelraybeach.com during the 3o day conr-ment period. Institutional Structure 1. Describe actions that wiA take place during the next year to develop institutional structure. Program Year 4 Action Plan Institutional Structure response: The Year ~} Action Plan is to be carried out through a network of public, private, and non-profit organizations, many of which participated in the public participation process. The City's Community Improvement Department has been working with these agencies to construct affordable housing, improve neighborhoods, and establish services for all segments of the City's population. Measurable strengths of the delivery system of housing and community development programs include the number of lenders and financial institutions participating in the Community Land Trust/ Purchase Assistance Program, as well as the number of foundations and non-profit agencies in the community actively participating in a variety of activities benefiting the community. The City works very closely with the Delray Beach Housing Authority (DBHA) which currently manages the City's section-$ program. The DBHA is a public housing authority separately chartered under State law responsible to a Board of Directors. The City of Delray Beach City Commission appoints the seven-member Board of Directors for the DBHA, The DBHA Board hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review of proposed development sites, and comprehensive planning of the public housing authority. The DBHA submits a Public Housing Agency Plan which details the housing authority's plans far the next five years and their priorities (incorporated in this plan by reference). Fourth Program Year Action Plaz1 5 Version 2.0 City of Delray Beach Over the years the City Commission has supported the DBHA by providing funds for infrastructure improvements within the DBHA complex and providing funds to assist with the acquisition of property adjacent to the DBHA property for future expansion. Construction or demolition projects initiated by the DBHA are subject to the City's permitting and inspection process. One of the strengths of the DHBA is the longevity of its administrative personnel. The Executive Director {formerly the Community Development Administrator for the City) has held that position for more than io years. This provides program continuity and stability. The largest gap for the DHBA is the need for additional affordable housing due to the loss of ig8 units when the Housing Authority's only public housing facility was severely damaged by Hurricane Wilma on October 24, 200. On October 2~, 200, the City of Delray Beach declared the units uninhabitable due to extreme structural damage caused by the hurricane, Consequently, the units remained vacant with issues of safety, community health and unsightly blight upon the neighborhood. In order to address this pressing issue, The City applied on behalf of the DBHA for funds from the Department of Community Affairs, Disaster Recovery Initiative 200. In doing so, the City secured $goo,ooo in funding to demolish the obsolete public housing complex known as Carver Estates. During FYzooy-o8 the r~ buildings at the Carver Estates site were demolished utilizing 2005 State CDBG DRi funding. Plans are underway to build a diversity of housing choices for a mix of incomes, with a strong base of affordable housing units on a combined ~o acre site. The acres owned by the DBHA will consist of a64 attainable rental units under Florida Tax Credit Program. it is anticipated that the project will be built out by the end of 2009. A joint planning committee consisting of the Directors of the Community improvement and Planning & Zoning Departments, the Executive Director o€ the Community Redevelopment Agency, the Executive Director and Economic Development Coordinator of the Delray Beach Housing Authority along with their contracted consultant and the selected developer, Auburn Development. This committee meets monthly to review the proposed project site plan, define roles of each partner and challenges associated with meeting all of the Land Development requirements while trying to achieve the desired number of affordable and workforce housing units. The Delray Beach Housing Authority/ Auburn Development partnership has requested a $3.g million contribution from the Delray Beach C}Z.A in support of Monitoring i. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Program Year 4 Action Plan Moni#ooing response: During the 2008-og program year, the City of Delray Beach will continue to conduct random on- site monitoring visits to selected housing rehabilitation projects from the past i2-x8 months. Additionally, the Division conducts on site visits to each public service sub-recipient every other year to ensure compliance with all federal regulations and City policies. Monitoring visits were made to all CDBG sub-recipients during the 2oa~-2ooS fiscal year. In addition, all documentation pertaining to subrecipient activities and monitoring is retained at the Neighborhood Services Division. Files include site visit reporting, before and after condition assesments and evaluations of measurable results. Fourth Program Year Action Plan 6 Version 2.0 City of Delray Beach Lead-based Paint ~. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extreznelybw-income, low-income, and moderate- income families, and haw the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. Program Year 4 Action Plan Lead-based Paint response: HUD lead based paint regulations are applicable to rehabilitation activities that are funded under the CDBG program. During FY2oo8-2oog, the City will continue to implement its housing related activities in a manner which assesses lead-based paint risk throughout the target area. When providing assistance under housing programs, the City consistently provides all clients and potential clients with the "Lead-Based Paint" pamphlet that describes hazards of lead-based paint. When lead is detected in items to be disturbed by rehab or on mouthable surfaces, the work-write up incorporates measures for contaminated areas. This involves qualified contractors using safe lead practices. After rehab is completed in such units, a clearance test is performed to ensure the home is lead-free. Fourth Program Year Action Plan ~ Version 2.0 City of Delray Beach ,. ~~ ~ _~_, Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. i. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 4 Action Plan Specific Objectives response: The City's primary focus over the next year will continue to be the development and maintenance of affordable housing within the jurisdiction. The City plans to accomplish approximately 18 substantial housing rehabilitation projects, at least 8 of which will be committed to homeowners at or below 50% of the area median income. In addition the City plans to complete improvements, to at least 2 homes within the historic Westsettler's District with the use of CRA funds. A combination of CDBG, DRI and SHIP funds will be used to fund the City's housing objectives. At least xo new homeownership opportunities will be provided for low- to moderate-income households under our sub-recipient partnership/purchase assistance program. Federal, state and local resources will be utilized to provide direct assistance to eligible households, as well as to leverage private investment in the area. The City expects to receive funds for housing objectives from the following sources: Resorxrces for Housing Objectives: Fundin Source: Amount: CDBG Entitlement Funds $5'76,634 State Housin Initiatives Partnershi (SHIP) X568,634 Disaster Recovery Initiatives (DRI) -Housing Rehabilitation fundin -car over from last ear $g85,oo0 Supplemental DRI funding for housing rehabilitation (aver the next two ear eriod) $800,000 Total; $ 2,gga,z58 All of the City's housing programs are available to eligible very low-, low-, and moderate-income families and households. Needs of Public Housing r. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide f nancial or other assistance in improving its operations to remove such designation during the next year. Fourth Program Year Action Plan 8 Version 2.0 City of Delray Beach Program Year ~ Aetion Plan Public Housing Strategy response: In July of 2006, Community Development Staff applied on behalf of the Delray Beach Housing Authority through Palm Beach County Housing and Community Development for funds to assist in disaster relief, long term recovery, restoration of housing and infrastructure funding under the 200 Department of Community Affairs Disaster Recouery Initiative (DRI). Under this initiative the City was granted $900,000 in funding to demolish the rg8 units within Carver Estates as well as the administrative buildings/offices of the Delray Beach Housing Authority. Funding has been secured and demolition is expected to take place by the end of the 200-2008 fiscal year. Once the Carver Estates site has been cleared plans are underway to build amixed-finance, mixed- income community which will include both rental and for-sale housing on ~8 acres. It is anticipated that the project will be built out by the end of 2ao9. Eligible families will be provided assistance through the United Ways IDA Savings Program and have been invited to join in the United Way of Palm Beach County's Prosperity Campaign which includes elements such as credit counseling, educational opportunities and assistance with all aspects of the homeownership process. Many of these activities will be facilitated through the City's Neighborhood Resource Center. The Housing Authority applied for HOPE VI funding to assist with the redevelopment of the site. Through the grant application process, former residents of Carver Estates have been trained in the areas of credit repair, how to secure employment and wealth building through homeownership. These activities have been supported through a contract with Families First of Palm Beach County who manages the PHA's Family Self Sufficiency (FSS} Program. It is expected that of the four participants currently in the home-buying process, two of them will attain homeownership during Fiscal Year 2008-2oog. At least one of the two families will meet this goal through the Housing Authority's Section 8 Homeownership program, originally established in November 2003. This program allows the family to utilize a portion of its Section $ Subsidy to subsidize mortgage payments for a period not to exceed fifteen years. Barriers to AffordabYe Housing i. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 4 Action Plan Barriers to Affordable Housing response: Eliminating barriers to affordability loos been the primary objective of the Community Land Trust program since its inception in 2p06. In July of that year the City transitioned its First 'I~me Homebuyer Program, which provided traditional dawn payment assistance, into aSub-recipient Partnership Program with the Community Land Trust (CLT) for the purpose of creating affordable homeownership opportunities. Under the Sub-recipient Housing Partnership Program, subsidy is awaxded (based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs of CLT units. This strategy enhances each unit's affordability by keeping the subsidy joined to the unit as opposed to the occupant. Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit's affordability in perpetuity. During the o8-og program year SHIP funds will be utilized for this purpose as well as in a traditional Purchase Assistance format. The City currently utilizes its Workforce Housing Ordinance in an effort to create additional affordable and workforce housing throughout the City. The ordinances relax some regulatory zoning restrictions in designated areas, allowing increased density in exchange for affordable housing units. The City expanded the program in aoo~ to include additional RM zoned areas throughout the City. Fourth Program Year Action Plan 9 Version 2.0 City of Delray Beach HOME/ American Dream Down payment Initiative (ADDI) i, Describe other forms of investment not described in § g2,2o5(b}. 2. If the participating jurisdiction (PJ} will use HOME or ADDI funds for homebuyers,rt must state the guidelines far resale or recapture, as required in § g2.2~4 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.2oG{b). The guidelines shall describe the conditions under which the PJ wiil refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum ~~ years or longer. e. Specify whether the investment of HOME funds tray be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR gr..21~(e}(2} or a)<ederally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program,.including CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Program Year 4 Action Plan HUMS/ADDI response: The City of Delray Beach does not receive HOME/ADDI funds. Fourth Program Year Action Plan xo Version 2.d City of Delray Beach Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook. 1. Sources of Funds-Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness-In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness-The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention--The jurisdiction must describe its planned action steps aver the next year to address the individual and families with children at imminent risk of becoming homeless. ~, Discharge Coordination Policy-Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and haw, in the coming year, the community will move toward such a policy. Program Year ~} Action Plan Special Needs resporASe: The Palm Beach County Continuum of Care is the countywide strategy (inclusive of Delray Beach} for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Homeless Coalition of Palm Beach County is responsible for developing the Continuum of Care strategy based on information provided by the Continuum of Care Planning Committee. The Homeless Coalition of Palm Beach County's Board of Directors is a community- based Board with representatives from government, business, formerly homeless individuals, law enforcement, banking, housing, service providers, faith groups, education, veterans and health care. The Homeless Coalition oversees and coordinates the Continuum of Care Planning Committee and all its sub-committees. The Coalition collaborates with community task forces to make sure crucial data is included in the Continuum planning process. The Continuum of Care planning occurs through an inclusive process consisting of the Continuum of Care Planning Committee and the following subcommittees: the Bed and Gaps Committee, the HMIS (technology) Steering Committee, the Standards of Care Committee, the Mainstream Resources Committee, the Glades Homeless Committee, the Service Provider Network, the Emergency Shelter Grant Program Board (ESG), Consolidated Plan Committee, Discharge Planning Committee and Family Empowerment Committee (FEC). The Continuum of Care system begins with the Homeless Management Information System or HMiS, which includes a telephone hotline as well as a countywide computer database accessible to all service providers. The hotline is operated by the Center for Information & Crisis Services, which also refers to HMIS as CMIS (Client Management Information System). Fourth Program Year Action Plan 11 Version 2.[) City of Delray Beach A countywide one day "point-in-time" count was conducted by the Homeless Coalition in January 200,. The report showed 54 unsheltered homeless individuals in Delray Beach, or ~.3% of the total counted in the County (Source: Palm Beach County Homeless Continuum of Care Paint-in- Time Homeless County, January 26, 2000. C.R.O.S. Ministries, which operates the Caring Kitchen, a hot meal program, located in the City's CDBG target area, reported serving an estimated 50o homeless persons, primarily male individuals, in 200'7-2008. The data on meals served is not recorded as unduplicated individuals; i.e., the same individual maybe served on multiple days and be counted once for each meal. The food pantry in Delray Beach, also operated by C.R.O.S. Ministries, provides groceries for homeless and low-income while they are pending food stamps or in other crises. Of the total ~,ooo persons who received service, an estimated 5% were homeless. An interview with two Delray Beach Police Officers revealed that no homeless persons are observed on the streets of Delray Beach. In addition, they indicated that because the hot meal program is open to anyone who walks in, the homeless population from surrounding municipalities come to Delray Beach for the hot meal and then leave because there are no overnight shelter facilities in Delray Beach. Based an both the point-in-time count and the information cited above, it is estimated that an a given day there are an average of 6o homeless persons present in the city limits of Delray Beach, all of them adult males. One shelter for abused spouses, AVDA (Aid to Victims of Domestic Abuse), operates in Delray Beach. According to AVDA's records i2 persons from Delray Beach took shelter at their facility, five of whom were children. Detailed demographic data an the homeless subpapulation is not available for Delray Beach, or on the extent of homelessness by racial or ethnic group. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 4 Action Plan ESG response: Not Applicable Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. i. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 2q. CFR 9~.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period {i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quan#i#ative terms, or in other measurable terms as identified and defined by the jurisdiction. b'ourth Program Year Action Plan 12 Version 2.ca City of Delray Beach Program Year 4 Action Plan Community Development response: The Citv of Delray Beach's priority needs objectives are as follows: Amount of Proposed Priori Need Ob'eetive Aetivi Funds CD Objective 1: Funds provided for the Administration overall administration of the CDBG program 104,980 and Communi Develo meat Division CD Objective 2: Utilize CDBG funds to Economic Development: $2,000 provide businesses located in, or will be Technical Assistance located, within the established CDBG target area for any activity where the assistance is appropriate to carry out an economic develo meat ro'ect. CD Objective ,3: Public Service Agency ~ Child Care Services $~S,ooo Enhance the safety and livability of low income neighborhoods by addressing the needs of at-risk outh CD Objective 4: Public Service Agency 2 Housing Counseling $11,500 Housing Counseling services CD Objective ,5: Pubic Facilities & Sidewalks $1a0,oo0 Improvements -Utilize CDBG funds to install sidewalk improvements within the northwest/southwest neighborhoods to fulfill City Commission goals of creating quality nei hborhoods CD Objective 6: Pubic Facilities & Neighborhood Facilities 35,000 Improvements -- Hurricane protection of Neighborhood Enhancements Neighborhood Resource Center, Nei hborhood Pride Grants etc. CD Objective 6: Elimination of slum and Demolition and Clearance $29,680 blighted conditions in CDBG target area nei hborhood Housing Objective 1: Conserve the existing Housing Rehabilitation; Single $195,474 affordable housin stock Unit Owner-Occu ied Housing Objective 2: Frovide Fair Housing Fair Housing {Included in Administrative Education & Outreach services bud et) Tatacl Allocation: $576634 Specific long-term and short-term objectives the City has identified for the next five-years are as follows: • Utilize the newly remodeled Neighborhood Resource Center (located at 141 & 145 SW 12th Avenue} to provide awide-range of services and resources for individuals, families and neighborhood organizations. • Provide homeownership opportunities through the Cites first-time homebuyer's program in partnership with the Community Land Trust (CLT), • Provide tenant/landlord counseling and mediation services utilizing the City's Landlord Inspector position. • Provide a wide range of educational, cultural, and recreational services to youth through support of the public service programs. • Preserve the existing stock of affordable housing units by providing housing assistance to low- to moderate-income households through the City's housing rehabilitation program. Fourth Ptograrn Year Action PIan 18 Version 2.0 City of Delray Beach • Utilize enhanced Code Enforcement initiatives incorporating personal contact, streamlined Code Enforcement Board process and educational campaign to eliminate nuisances and blighted conditions affecting the quality of life in the CDBG target area. • Implement a comprehensive Litter-Prevention initiative, promote the use of Neighborhood Pride Grants and other self help projects designed to assist in the Commission's goal of achieving a "Clean City." Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 4 Action Plan Antipoverty Strategy arespanse: The goals, objectives and actions outlined in the zoos-aoio Consolidated Plan and in this 2008- 2009 Action Plan are intended, in all cases, to assist those currently living in poverty by providing them with resources to move out of poverty, or to assist those in danger of moving into poverty to remain out of poverty. The City's holistic approach to community development provides various programming efforts and initiatives aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly. increase the effectiveness and efficiency of our commitment. The FIarida Housing Finance Corporation approved the 200-2010 Local Housing Assistance Plan (CHAP) prepared by the City's Neighborhood Services Division. The CHAP includes local housing assistance strategies for utilizing SHIP funds, and local housing incentive strategies for affordable housing development. The City is unable to assess the extent to which its current housing policies and programs might assist in reducing the number of households with incomes below the poverty level. The Delray Beach Housing Authority's Family Self-Sufficiency {FSS) Program serves as an anti- poverty tool. The program provides a holistic approach to service delivery that includes homeownership, adult education, vocational training, social and economic counseling, employment counseling and placement, medical screenings, and transportation assistance.- A family-centered approach is utilized as well, so that the needs of each family are addressed. To date the program has assisted 22 families in obtaining homeownership. In addition, the DBHA applies for Section 8 rental assistance whenever HUD makes funds available. Both the City and the DBHA fallow HUD guidelines pertaining to Section 3, which require contractors working on projects funded with HUD dollars to be diligent in attempting to hire low- incamepersons. This has the potential of reducing poverty. The City is the fiscal agent for a $80'7,4~g grant from Children's Service Council. We partner with t'~vo non-profit partners, Achievement Center for Children and Families and Families First to carry out approved services. This grant facilitates services provided by the Beacon Center at Village Academy Elementary School, a public deregulated neighborhood school located within the CDBG target. Beacon Centers, which targets low income residents, are partnerships between the local government, schools, community-based organizations and community leaders. Beacons provide academic, social, recreational and culture actititivies for both the child and family to create supports leading to optimal development of the child, healthy family functioning and building the capacity of the neighborhood in which it is located. Fourth Program Year Action Plan 14 Version 2.0 City of Delray Beach ~.. ~ ~~~ ~ ` . a ~ ~~ Non-homeless Special Needs (gi.22o (c) and {e)} *Flease also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. i. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 4 Action Plan Specific Objectives response: The City hopes to meet the Special Needs population during the next year, through its holistic approach to community development. Through its partnership with the Delray Beach Community Land Trust, the City will continue to provide increased housing opportunities for households receiving public assistance. Accessibility for the disabled will continue to be addresses as a component of the Cites housing rehabilitation program. Funding provided to small businesses for economic development activities will require job creation for law-income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources, including the City's CDBG allocation. Housing Opportunities for People with AIDS Please also refer to the HOPWA Table in the Needs.x]s workbook. ~. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. ~}. Report on annual HOPWA output goals for the number of households assisted during the year in: (i) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (g} in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its Fourth Program Year Action Plan 1,~ Version 2.C) City of Delray Beach approved Consolidated Plan. ~. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HN/AIDS and provide additional information regarding the administration of services to people with HN/AIDS. g. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 4 Action Plan HOPWA response: Not Applicable Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year 4 Specific HOPWA Objectives response; Not Applicable '~ ~ _ Include any Action Plan information that was not covered by a narrative in any other section. Fourth Program Year Action Plan x6 Version 2.0 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning & Zoning THROUGH: City Manager DATE: July 10, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JULY 15, 2008 ORDINANCE NO. 17-08 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1) ITEM BEFORE COMMISSION The item before the Commission is that of approval on first reading and transmittal of Comprehensive Plan Amendment 2008-1 to the Florida Department of Community Affairs. BACKGROUND The City Commission initiated Comprehensive Plan Amendment 08-1 on February 26, 2008. This amendment represents the first amendment for the year 2008 and includes the EAR-based amendments to the Plan. The amendment includes City-initiated text amendments to implement the recommendations in the adopted 2006 Evaluation and Appraisal Report, a City-initiated text amendment to the Land Use Designation/Zoning Matrix Table in the Future Land Use Element, and one (1) City-initiated Future Land Use Map Amendment. A brief description of each item suggested for inclusion in the Plan Amendment is listed below: • The following proposed text changes are to implement the recommendations contained in the adopted 2006 Evaluation and Appraisal Report: Future Land Use Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update existing land use and population data, including supporting maps and tables. 4. Update Map #3 and Table L-5, Potential Residential Units as required to reflect development of some parcels. 5. Update vacant land analysis. 6. Update Map #11, Annexation Areas, to reflect completed annexations. 7. Update Redevelopment Analysis section to reflect completion of all Redevelopment Plans. 8. Update descriptions for all land use categories to include intensities and densities. 9. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. 10. Add new policies to achieve an appropriate mix of uses, direct resources to infrastructure improvements downtown, and explore additional downtown open space opportunities. 11. Add policies to affirm the City's continued commitment to workforce housing. 12. Add policies to develop design guidelines for the North Federal Highway area and evaluate the need for guidelines in the Congress Avenue Corridor and Four Corners Area. Transportation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update Table T-1, Street Network Classification and Improvements. 4. Update Map #13, Existing Roadway Laneages to reflect roadway modifications. 5. Update Map #15, Existing Annual Average Daily Traffic Conditions and Map #16, Peak Season PM Peak Hour Peak Direction Traffic Conditions to reflect 2005 traffic conditions. 6. Update Table T-5, 1999 Intersection Accident Data, to reflect 2006 data. 7. Update Table T-6 and T-7 to update 2000 future traffic conditions to 2010. 8. Update Map #17, Intermodal Facilities. 9. Update Map #18, Major Trip Producers/Attractors. 10. Update Table T-8, Future Over-Capacity Facilities. 11. Update Map #20, 2015 Operating Conditions, to 2025. 12. Update Map # 21, 2015 Cost Feasible Plan, to 2025. 13. Update Table T-9, 2015 Roadway Improvement Schedule, to 2025. 14. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Housing Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update the existing conditions tables from 1995 data to 2005 data. 4. Update Table HO-11, Number of Substandard Units from 1990 to 2000 Census data. 5. Update the 2005 forecast tables to years 2010, 2015, 2020 and 2025. 6. Update, Table T-20, Potential Residential Units, to match Table L-5 in Future Land Use Element. 7. Update Affordable Housing section to reflect new City initiatives. 8. Update Map #22, Neighborhood Categorization Map to reflect changed conditions and modify text to eliminate Redevelopment Category. 9. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. 10. Add new policies to affirm the City's continued commitment to workforce housing. Public Facilities Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Coastal Management Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Table CM-1 and Map #23, Coastal Planning Area Land Uses, 3. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Conservation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Open Space and Recreation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Intergovernmental Coordination Element 1. Update Introduction and support data throughout the element conditions. 2. Update General Fund and Expenditure Five Year Forecast Table. 3. Update Pledgeable Revenue Matrix. 4. Update Goals, Objectives and Policies as required to modify eliminate completed initiatives. Public Schools Facilities Element as appropriate to reflect current partially completed initiatives or 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update element to reflect changes related to the second amendment to the Interlocal Agreement. 3. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives. • Future Land Use Element -Amendment to the Land Use Designation/Zoning Matrix table to modify zoning districts to be consistent with additional Future Land Use categories. City-Initiated Future Land Use Map Amendment: • City initiated Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of the Fair Oaks Center property. The current County Land Use Map designation is INST/18 (Institutional, with an underlying High Residential - 18 units per acre) and the Proposed City designation is CF (Community Facilities). REVIEW BY OTHERS The Planning and Zoning Board held a public hearing regarding the City initiated land use amendment portion of the request on April 21, 2008. Presentations were made by staff and no one from the public addressed the Board. The Board unanimously (7-0) recommended the amendment be adopted by adopting the findings of fact and law contained in the staff report and finding that the Future Land Use Map amendment and approval thereof is consistent with the Future Land Use Element A-1.7 of the Comprehensive Plan (FLUM amendment findings), LDR Section 3.1.1 (Required findings),and the Goals, Objectives, and Policies of the Comprehensive Plan. The Planning and Zoning Board will review the text amendment portion of the Comprehensive Plan Amendment at its meeting of July 14, 2008. The results will be presented at the City Commission meeting. RECOMMENDATION By motion, approve on first reading, Ordinance No. 17-08, by adopting the findings of fact and law contained in the staff report and finding that the amendment supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan and finding that the Future Land Use Map amendment is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan, and transmit the Amendment, containing the materials in the staff report with attachments to the Florida Department of Community Affairs. ORDINANCE NO. 17-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSNE PLAN AMENDMENT 2008-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSNE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSNE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSNE PLAN AMENDMENT 2008-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2008-1; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held public hearings on April 21, 2008 and May 19, 2008, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearings, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2008-1 be transmitted; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, proposed Comprehensive Plan Amendment 2008-1 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2008-1 was held by the City Commission on May 20, 2008, at which time it was authorized to be transmitted to the Florida Department of Community Affairs for required review; and WHEREAS, following review by the Florida Department of Community Affairs a second public hearing will beheld, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act." Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2008-1," which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan -Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2008-1. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO.17-08 Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 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 3 ORD. NO.17-08 JNINC/CRP ~~ATE~ ,l \\ ~~- Cqs ~ G~~~ VERDES } ~ Q 3 w 0 J J~ -- I a~ ~~ ~ I L I N T ON B O U L E V A R D ~+~,-F~tk~t~+f++f++ftt '~ ~~ ~-I+~;+t~+t~+~+t7tff ~I+~;+t~~,'+trr~+ '~ ~~ I CANAL L-36 - Sau th Trus t i - Bank i P ~ PALM ~ GOJ~~~~ o DEL AY MEDICAL COURT >- ~. Q CENTER CONDOS ~Q~O ~ PLAZA ~ Q ~ DELRAY I _ I-- ~ MEDICAL - ~ ~ CENTER ', J Q ~ Z Q U ~ GC - ~ ~ ~ WAL-MART li r I ~ I i 1 U~JINCCRPOR,ATE pq~M c3 'I-ACH COUNTY O ~~~c` LAKe~~ i I --- ~- ~_~ 0 ~', • N SUBJE~ FAIR OAKS CENTER -~- PROPOSED ANNEXATION arY uMITS FUTURE LAND USE MAP AMENDMENT FROM COUNTY G TY OF DELRAY BEACH, FL ~ I I ~ I I ~ I I ~ PLANNING ~ zoNwc DEPARTMENT INST/18 TO CITY CF (COMMUNITY FACILITIES) -- DlCIrAL BASE MAP SYSTEM -- MAP REF: LMA-226A ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation on aCity-initiated Annexation, Future Land Use Map Amendment from County INST (Institutional) to City CF (Community Facilities) with initial zoning of CF (Community Facilities) for Fair Oaks Hospital. The affected property is located on the south side of Linton Boulevard, approximately 2,150 feet west of Military Trail, and contains approximately 5.47 acres. LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. BACKGROUND The property under consideration is an unplatted 5.47 acre parcel which contains a 59,420 sq. ft. hospital, known as Fair Oaks Hospital. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent Delray Medical Center, medical office and shopping center developments. The facility was constructed in 1983, and City water and sewer facilities were extended to the development. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center. The agreement stated that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center by 2005 (completed), Fair Oaks Hospital by 2008 (subject project), and Lago Vista property by 2011. The City is processing the FLUM (Future Land Use Map) amendment from County INST to City CF and the Annexation with initial zoning of CF, pursuant to the referenced agreement. FUTURE LAND USE MAP AMENDMENT ANALYSIS This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). REQUIRED FINDINGS: LDR (CHAPTER 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map [Section 3.1.1(A)], Concurrency [Section 3.1.1(6)], Comprehensive Plan Consistency [Section 3.1.1(C)], and Compliance with the Land Development Regulations [Section 3.1.1(D)]. 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 accompanying annexation and initial zoning application is seeking a CF (Community Facilities) zoning district. The proposed CF Future Land Use Map designation is consistent with the proposed CF zoning designation. The existing hospital is allowed as a conditional use within the CF zoning district [ref. LDR Section 4.4.21(D)(1)]. Based upon the above, positive findings can be made with respect to Future Land Use Map consistency. P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: ^ Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The above requirement does not apply as the FLUM amendment is associated with an annexation, and the advisory CF (Community Facilities) FLUM designation is being applied. The proposed City CF FLUM designation is consistent with the County INST FLUM designation. ^ Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The request is to apply the advisory CF FLUM designation, which was applied to this property with adoption of the Comprehensive Plan and Future Land Use Map in 1989. Thus, the designation is consistent with the goals, objectives, and policies of the Comprehensive Plan. ^ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The proposed CF designation is of the same intensity as the existing County INST designation. Thus, the act of officially adopting the City's Community Facilities (CF) Future Land Use Map designation has no negative impact with respect to level of service standards. ^ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. North: North of the subject property contains the Lago Vista Rehabilitation Facility and it has a County Future Land Use Map designation of INST/8 (Institutional, with an underlying High Residential-8 units per acre), and an advisory City FLUM designation of CF (Community Facilities). South: The abutting property to the south has a County Future Land Use Map designation of MR-5 (Medium Residential, 5 units per acre) and is zoned RS/SE (Single Family Residential). The existing use of the property is the Country Lake Subdivision. East: The property to the east, has a City Future Land Use Map designation of CF (Community Facility) and is zoned CF (Community Facility). The existing use is the Delray Medical Center. 2 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF West: The property to the west contains the Addison Trace residential subdivision and has a County Future Land Use Map designation of MR-5 (Medium Density- 5 units per acre) and a County zoning designation of PUD (Planned Unit development). The existing hospital complex has co-existed with the surrounding developments for many years. The application of the advisory CF Future Land Use Map designation to the existing community facilities property is compatible with existing and future land uses of the surrounding area. Site specific compatibility of future development with the adjacent developments will be addressed at the time of site and development plan review of future development proposals. ^ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. There is no development proposal associated with the Annexation, FLUM amendment, and initial zoning requests. Compliance with the Land Development Regulations will be addressed with future development proposals. There are no problems anticipated with the ability to comply with the Land Development Regulations. ANNEXATION ANALYSIS Land Development Reaulations Governina Annexations: Pursuant to the LDR Section 2.4.5 (C)(1), the City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. The City initiated annexation is pursuant to the Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment executed on March 18, 1999. CONSISTENCY WITH THE CITY COMPREHENSIVE PLAN: Designated Annexation Area: Pursuant to Future Land Use Element Policy B-3.5, the property to be annexed is located within "Annexation Area B", southwest corner of Linton Boulevard and Military Trail. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be and are provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff patrol zone 9. Zone 9 is bordered by Jog Road on the west, the Atlantic Ocean on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be accommodated by "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach Police Department has 15 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. City police currently pass the property while patrolling areas of the City to the east of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The adjacent municipal area is served by Fire Station No. 5 (Linton Boulevard & Germantown Road). With annexation, the property will receive an improvement in response time from the current 3.5 minutes of the County Fire Department (Pheasant Walk Station) to approximately 1.5 minutes for the City Fire Department (Fire Station No. 5). 3 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF Police and Fire Personnel Needs: This annexation does not directly generate the demand for additional Police and Fire personnel. However, this annexation in conjunction with the recent annexations of Country Club Acres, The Colony, Bexley Park and the Delray Medical Center as well as the redevelopment that has occurred in the City, have generated additional demands for personnel from both the Police and Fire Rescue Departments. These needs have been addressed through the City budgetary process. Water and Sewer: The existing development is connected to the City municipal water and sewer system, via 8" and 10" water mains, and 8" sewer mains. As part of the Agreement for Water and Sewer Service in 1981, these mains were extended to the site. Streets: This property has direct access to Linton Boulevard through the adjacent Delray Medical property, and to Military Trail via an access tract through Palm Court Plaza. The portion of Military Tail immediately adjacent to the Wal-Mart and Palm Court Plaza is under the jurisdiction of the City of Delray Beach, while the maintenance responsibility remains with Palm Beach County. Linton Boulevard is under Palm Beach County jurisdiction. The jurisdictional responsibility and the associated maintenance responsibility will not change with this annexation. As the property is currently developed as a hospital, there will be no change with respect to traffic. With any proposals for building additions, traffic will be evaluated. Parks and Open Space: The existing institutional development does not have an impact with respect to this level of service standard. It is noted, however, that the City currently provides approximately 8 acres per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Impacts: Effect Upon Annexed Property: NOTE: The following analysis includes the Fair Oaks Hospital facility, which is being considered for annexation at this time. Palm Beach County Property Appraiser's records include Fair Oaks and the Delray Medical Center as one parcel, which has one property control number (Tax I.D. Number). Thus, the County's assessment incorporates all the improvements within the parcel. Prior to annexation, the two facilities will need to have their own property control numbers. The following is provided for illustration purposes and are estimates based upon the current situation. The actual fiscal impacts will be less than indicated below. For the 2007 tax year, Fair Oaks Hospital had an assessed value of $4,191,198. With the change from County to City jurisdiction, the following taxes and rates will be affected: Taxes Fire/Rescue MSTU Library City of Delray Beach City of Delray Beach Debt Millage With Annexation 2.7794 Deleted (County) .4970 Deleted (County) 6.1449 Added (City) .4334 Added (City) 3.3019 Difference* * Total tax millage in the County is 16.7916 mills, while in the City the total millage rate is 20.0935 mills. 4 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF The current yearly Ad Valorem taxes are $70,376.93. With annexation the yearly Ad Valorem taxes will be $84,215.83, a tax difference of $13,838.90. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility -This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units, the assessment fee is calculated using the following formula (# sq. ft. of impervious area/2,502) X $54. A 25% discount from the assessment is available if drainage is retained on site. Also, a 25% discount from the assessment is available because the subject property is located within the Lake Worth Drainage District. As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $848.34 (33% Impervious= 78,630/2502 X $54.00/50%). A further increase based upon new impervious surfaces will be realized with future development redevelopment of the site. Solid Waste Authority -The South Military Trail annexation area is serviced by Waste Management (pursuant to a contract awarded on October 1, 2003), and the City's contract is currently through Waste Management. Therefore, the waste service provider will remain with Waste Management upon annexation. Business Tax Receipts -The hospital has a county business tax license. With the annexation, the hospital must obtain a Business Tax license from the City, in addition to the County's license. The City license fee is $149.10. Water/Sewer Rates -The Fair Oaks Hospital is currently served by municipal water and sewer. Properties not located within the City that receive City water and sewer service are assessed an Out-of- City surcharge. Under that scenario, annexation of properties receiving municipal water would see a 25% reduction in water and sewer rates. Thus, the hospital will experience a decrease in water and sewer rates. In conjunction with the amendment to the agreement in 1999, an "Agreement and General Release" was included whereas the City agreed to make certain reimbursements for use of certain water lines, mains and lift stations installed by the developers. The City would pay a total of $224,735.00 to cover the reimbursements set forth in the water/sewer agreement entered into by the parties in February 1981. The payment was divided into five equal payments of $44,947.00 fora 5 year period commencing March 1, 2001. These payments have been completed and the City financial obligations in this regard have been satisfied. Resulting Impacts to Property Owner: SUMMARY OF IMPACTS ON THE PALM COURT PLAZA FINANCIAL CONSIDERATIONS AD VALOREM TAXES (Change from 2007/2008 County of 16.7961 to City 2007/2008 $ 13,838.90 rate 20.0935 mills (3.3019). NON AD VALOREM Stormwater Assessment $ 848.34 BUSINESS TAX LICENSE FEES $149.10 ANNUAL FINANCIAL IMPACT: $14,836.34 • Water and Sewer fees will decrease with annexation, and is based upon consumption. 5 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF FIRE RESPONSE + Faster response time from (estimated time) 3.5 minutes (County) to 1.5 minutes (City) EMS + Faster response time from (estimated time) 3.5 minutes (County) to 1.5 minutes (City) 6.0 minutes (County) to 1.5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT +Pro-active vs. reactive opportunity to work with property owners Fiscal Impacts to the City: At the 2008/2009 City operating millage rate of 6.1449 mills and debt rate of 0.4334 mills, the property will generate approximately $27,570.96 in new Ad Valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the stormwater assessment fee, business tax fees, as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C)(4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future Land Use Element, and complies with F.S. 171. As stated above, the subject property is located within designated annexation Area B. Its annexation is consistent with Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida Statute Section 171 as it pertains to annexations. The property is contiguous, reasonably compact and does not create an enclave: and, services will be provided to the property in a manner similar to other similar properties within the City. ZONING ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. 6 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF Section 3.2.2 (Standards for Rezoning Actions): Standard A, B, C, and E are not applicable with respect to this rezoning request. The applicable performance standard of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility is not a concern as the property currently contains the Fair Oaks hospital which has existed at this location since 1983. The initial CF (Community Facilities) zoning designation will accommodate the existing hospital as a conditional use. There is no development proposal associated with this request. Compatibility of any future development proposals with the adjacent developments will be appropriately addressed with review of a site and development plan request and/or a conditional use request, if necessary. Section 2.4.5(Dl(51 (Rezonina Findinasl: Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for which the rezoning should be granted relates to Item "b", and Item "c". The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The annexation requires that an appropriate City zoning designation be applied to the property. The CF zoning designation is of similar intensity as that allowed under the proposed City CF and existing County INST land use designations. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The property development is allowed under the proposed CF zoning districts. With review of the annexation request, a site visit was conducted and no apparent code violations exist. Any future development will be required to comply with the Land Development Regulations. REVIEW BY OTHERS The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On February 14, 2008, the Palm Beach County Planning Division was notified of the City's intent to annex this property. The City received a response from the County on March 17, 2008 in which the county acknowledged the request was consistency with Chapter 171 F.S. and they had no objection. 7 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, no objections have been received. Courtesy Notice: Courtesy notices were sent to the following homeowners associations and civic associations: • Neighborhood Advisory Council Public Notice: Formal public notice has been provided to the property owner and to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Sections 3.1.1 and 3.2.2 of the Land Development Regulations, and the policies of the Comprehensive Plan. The change is to a designation allowing a similar intensity to that which exists, and allowed under the existing County land use designation. Accommodating the annexation of this property and affixing an initial City zoning designation of CF (Community Facilities) is consistent with the City's program for annexation of territory within its Planning and Service Area. The CF zoning designation is consistent with the existing use of the property. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. An increase in taxes and stormwater assessment fees will result. Positive findings can be made with respect to LDR Section 2.4.5(C)(4) and 2.4.5(D)(5), which relate to required findings for Annexations and Rezonings. The City will receive additional revenue from property taxes, and stormwater assessment fees, which will result in a net increase to the City. In addition, revenues will be received from utility taxes and franchise fees. ALTERNATE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Fair Oaks Hospital, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. C. Move a recommendation of denial to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Fair Oaks Hospital, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and does not comply with Florida Statutes Chapter 171. 8 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF STAFF RECOMMNEDATION Move a recommendation of approval to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Fair Oaks Hospital, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. Attachments: Future Land Use Map & Zoning Map 9 FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRAY BEACH BACKGROUND The text of the Element is a summary of the complete inventory, analysis, and recommendations which are contained in the following source documents: ^ 1989 Delray Beach Future Land Use Element (Strategic Planning Group) ^ 1996 Evaluation and Appraisal Report (City of Delray Beach, 1996) ^ 2006 Evaluation and Appraisal Report (City of Delray Beach, 2006 The source documents, along with other documents which are cited in the Element, are available for public review at the Planning & Zoning Department Offices located at 100 N.W. 1 st Avenue, Delray Beach, Florida. LAND USE AND POPULATION DATA The Charter for the City of Delray Beach established the "Greater Delray Beach Area". That area exceeded the municipal boundaries and provided that the City could annex properties within it (i.e. a "reserve annexation area"). Since the Charter was adopted, the City has enacted numerous annexations. Through 1987, these annexations had mostly been voluntary and were usually associated with proposed development seeking municipally provided services (water, sewer, fire, police, street maintenance). That annexation process led to the creation of numerous County islands or "enclaves". Following enactment of special legislation entitled the "Delray Beach Enclave Annexation Act", the City in 1988 unilaterally annexed approximately 1,300 parcels located within 68 enclaves which comprised 834 acres and a population of approximately 3,100 individuals. Upon adoption of the 1989 Comprehensive Plan, the City's "reserve annexation area" was replaced by the boundaries of its "Official Planning Area". The Official Planning Area is the area for which most calculations and projections in this Plan are predicated upon. It is also considered the City's ultimate boundaries. The Planning Area is specifically delineated on Map #1, as well as most maps contained in this Element. FL-1 CDMP1~El-~E111S1VE PL~4~ DRLR~4 Y BF~4C1Y, FLDR~DA CITY OF 6OYNTdN BEACH L-30 CANAL J J ~ I ~r a 1 ~~• ~1 j ~A r7 Q ~ I ~ F}i I ~ W ~ p Q - - - ,~ ° LAKE IDA ROAD rvwN of ~~ I STREAM yD_ GULF 57REAleT ~ ~ I L_V_V_YLV_V_V_V_v~ G. BUSH SEND. n~ r~ N N.W. 2N^ ST N w ATLANTIC AVE. ATLANIC AVENUE S.W. 2ND ST 0 ~ N O .. LaWSON 60ULEVARD m S.W. L3J 10TH ST o Q C. Q ~ W P g' ~ ~ ~ ~ a LINTON BOULEVARD c ~ W Vl r a 3 x ~_ x J a 0 0 y 0 d ti w • w a r a' d a L~ J, N v 4. ~ w ~ VI 2 I 1 L-38 CANAL ~i5 CANAL PALM BEACH COUNTY CI FY OF BDCA RATDN row~v of HrDHLAND BEACH N PLAl1~1V11YG ARFA 1HAP # ~ AiILE GRAPHIC SCALE LEGEND: PLANNING AREA - - - - ~ CfiY uMITS CIiY OF OELRAY 9EACH, FLORIDA (ULTIYAATE CffY BOUNDARI'} PLANNING de ZONING DEPARTLIEHf TOWN OF GULF STREAIA TOWN OF HIGHLAND BE4CH COUNTY JURkS01Cf10N 000000 h1ARCH 2008 (YHATER de FIRE SERVICE) n o 0 0 0 0 {SEWER de FlRE SERVICE} FL-2 At the time of adoption of the 1996 Evaluation and Appraisal Report, The City of Delray Beach consisted of approximately 15.1 square miles, with a total planning area of 16.5 square miles. Since 1996, the City has processed 23 annexations including approximately 207 acres of land, thereby increasing the incorporated area to 15.4 square miles. The Planning Area contains 16.5 square miles (gross) with ~-4 1.1 square miles under County jurisdiction ~°~~~9° ~ (May, 2008). The areas under County jurisdiction include the following (please see Map #11 for geographical description of theses areas): A. The Foxe Chase Subdivision, a 60.38 acre platted residential subdivision, containing 43 individual single family-detached lots. 8ne Two ~ homes receives City water and sewer, five homes receive City water only, and the remaining existing homes are serviced by well water and septic tanks. g ~+h,~,n~+ /~nrnn~~~°.,.,~,~ Q. na;~;~-~ Delray Community Hospital Area, 1- 15.4 acres of institutional and commercial land uses (nom (~nmmi ~ni+., unc+ni+nl Dnlm /~ni ir+ Dln~n Cni ~i+., RnnL Delray Medical Center Condos and Lago Vista). All uses receive City water and sewer. C. Barwick Road Area Gust north of Atlantic Ave), 121.07 acres of predominately residential uses. A small number of homes receive City water and sewer, but the vast majority do not. The area includes several unplatted single family lots, and the following platted subdivisions: Kingsland, Kingsland Pines, and Franwood Pines. D. The Atlantic Avenue and Military Trail Area, ~ 85.84 acres of mixed land uses. Services are provided to existing commercial uses, and some residential. This area does not include High Point West of Delray, or the portion of Country Club Acres west of Military Trail. E. The North Military Trail / Barwick Road Area, i il~ 52.17 acres of mixed land uses. Services are provided to some residential parcels. F. High Point West Area. 200 acres of mixed land uses. Water services are provided to High Point West of Delray through the form of a master meter. All service mains within High Point are privately owned and maintained. nnn nnmmnrninl nnrnnl /Tirn rn~~c""'rvr~-av~~T°cce~~vr~t~~-~v'cc~°~~e~e~-f3~ The remaining commercial and scattered residential uses do not receive City water and sewer. G. Country Club Acres (west of Military Trails A 159 acre single family subdivision. None of the homes in this subdivision currently receive City water or sewer service. Through this comprehensive planning formulation, review, and adoption process, it is intended that Palm Beach County formally recognize the City of Delray Beach Comprehensive Plan as the Plan for the designated planning area and that it shall guide future land development decision making. A program for annexation of the above areas are set forth in the Goals, Objectives, and Policies of this Element. Most future development, by virtue of existing boundaries, will be subject to annexation prior to FL-3 development through the City's use of annexation agreements as a prerequisite for obtaining water service. The following information is provided in summary form, consistent with the structure of 9J5-006(1). ^ Map #2 depicts generalized existing land uses. Table L-1 provides a listing of approximate acreage °nrJ nnnnrol ronnn of rJnnci+v nr in+nnci+~i of existing uses. ^ There are no conflicting land uses or conflicting designations on the Future Land Use Map between the City of Delray Beach and its municipal neighbors. ^ Enclaves and land under County jurisdiction is discussed previously. ^ There are no designated Areas of Critical State Concern, pursuant to Section 380.05, Florida Statutes. ^ There are no dredge spoil disposal sites in the City. FL-4 F~15~~~F 1.A~V1] 115E 1V1~4F ~VIAP #~ C1iY OF EOCA RA TON I MILE I GRAPHIC SCALE CffY OF DELRAY BEACFL FLORIWI PLANNING de 20Nl~6 OEPiAR11AEHr PARCH 2D0$ LEGEND: - RESIDENTWL - ~C016ER1AITIDN SPACE PLlBLJC FACILffES - COAIYERlCIAL - AGRiCULiURAL INDLISfRIAL PLAANNNG AREA - - - - - r'. FL-5 TABLE L-1 EXISTING LAND USE INVENTORY LAND USE ACRES PERCENT RESIDENTIAL F,~ 6,826 ~,~ 67.2% COMMERCIAL ~7 1,004 4&,~ 9.9% INDUSTRIAL X62 411 4°~ 4% VACANT & AGRICULTURE 441-108 44°,~ 1.1% RECREATION. OPEN SPACE. AND CONSERVATION ~1-1,321 13% EDUCATION AND PUBLIC FACILITIES 44~ 492 4°~ 4.8% TOTALS 10,162 100 The above table provides a breakdown of existing land uses for the City and remaining Planning Area. These figures exclude the right-of-way for I-95, arterial roadways, and the surface area for Lake Ida and the Intracoastal Waterway. Source: City of Delray Beach, ~~ 2008 DoCDo r~--cr-mma'n~ °cr~rc dCCIYJ~H~t~t1a~ CtCH~t ~1M~1 ~nn~ CC~~ ~ C~ ~~~ ~C~ CC~~p~1 t39e CC~pp~.17 ti~--~I ~~hp~~.17 C~~ C117 ~-1 C CSC ~t17 ti~--~r~~t17 dC-fir,-~1r~t17 ~n$n2 C~~t; ~~-~r~a1 ti~--~r;Crpdtl7 C p~~r~t1f t/3~9na~ Cp~~1~~117 ti~--~I~~117 Cp~1~117 -~F n39n4C .C~p ~ Cp-~/-117 ti~--~r/p-d117 ~t1 ~HC pC117 -~F n39ncCY CSC ~ X117 ti~--~I ,~t1-/~-117 ~C C117 -~F /~9ntl C~1 ~~~117 ~ ~ ~~~117 -/~--~I ~~117 -F39-~ CHl~~~G1-~/1-117 ti-~-I--/-l7 y~-~~'~ `~+~~+~~C1 ~nn~ CV~r;~VVt17 ~~ ~t1 -/~-d;~~1~t17 -F39-Q Ft-r/-dl7 ti-~ ~ `i-f-l7 y-~F-~C17 X7/1/1/1 Gn ~I1I1 ~!'1 7C I1I1I1 QCCICAITIAI sVVV d~-YCl7 l7 Y-~C17 FL-6 ~~ porgy ~~ //fi~n~ '~~P~crr~w~TCFA~F -F39a~ `Ci~~-/~--pr.~7 ~4 d' -1-,-9~4 ~~ ~-~ CSC ; Cv-~rc~~ ~-Q C C C C~~1 s?-~A C~~1Ca1 s?-~-~ C~C~a s?-~~ C p~~1 p-t s?-~~ CpC~~t s?-~4 C~~ ~1~ s?-~~ CSC ~ ~ s?-~~ C~1~~ -~rd s?-~-~ C~1 C-~~r s?-~-Q tCt~r,-Cr~CrC~ s?-~-fA C~~ CCU s~-~--~~ FCh~~ ~ Cr~G(C7 s~-~--~~ FCi~-d~ p-/C-[~7 s?-~-f~ r ~7/l~A Gn pG~ QCCICAITIAI ~ti-Y d~-~`-F POPULATION PROJECTIONS Based on the population projections included in the 1996 EAR, the 1996 population of the City of Delray Beach was comprised of 54,508 permanent residents and the 2005 projected population was 59,103 permanent residents. As shown Table L-2 below, the population proiections made in the 1996 EAR were substantially lower than the corresponding 2000 Census figure and subsequent BEBR estimates. Given the large adjustment in 2000, it's obvious that the population had been growing at a much higher rate than estimated since the prior Census in 1990, thereby skewing the projections downward. FL-7 Table L-2 1996 EAR Population Projections vs. 2000 Census and BEBR Estimates Year 1996 EAR Census/BEBR Difference % Difference 1996 54, 508 2000 56,550 60,020 3,470 +6.1 2001 57,060 60,645 3,585 +6.28% 2002 57,571 61,527 3,956 +6.87% 2003 58,081 62,578 4,497 +7.74% 2004 58,592 63,439 4,847 +8.27% 2005 59,103 63,888 4,785 +8.10% 2006 59,613 64,095 4,482 +7.5% 2007 60,124 64,360 4,236 +7.0% Table L-3 City of Delray Beach Population Projections Year Population 1996 54, 508 2000 60,020 2007 64,360 2010 65,781 2015 70,870 2020 77,097 2025 78,143 Source: Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections As indicated in Table L-3, the 2007 estimated population of the City of Delray Beach is 64,360. The City's population is expected to increase by 10.1 % to 70,870 by the year 2015 and by 21.4% to 78,143 by the year 2025. ~ °v~ i~ t~ ~ o n rJ (~ n i i n t ~ o m n i i n t n Ti' ~ ~~c c ~n ~a -i'r ° '~~c c ° ~ c J ~ tttl.~T i v r~r Q c , r~ c ~tffl: FL-8 in_hn+~ninnn rlnnnninl nnnc+i ic+nc+ i ~~n (~ n fine irnc+ nn n ~ hnc+n nnrl n ~}~~ nmm~ilnrl nnr C~ +n of nn C~l nnnn~i nnrl ~~arcv-cc~ ~-s.~~v , rcvTrrprrccrccr cc-vrvc paTTCy--aTTCr I~T~~ fr n m QoQ (~m m~ Dlon m~+h n~ +h~+ i+ rJirJ n n+ no~~ ~ ~ T r r~nn +~n`~~cnni in+ nnrl n+ fine ir~? r nr~~nrl n- n ~ ~~t~~ n~~~ ~ ~ r r > T+~h~ Dlonninn ~roo ~ninl IIrJ hn ~ n~ n~m~ > ss.ooo BUILD-OUT BUILD-OUT 6?.864 I X90 91 92 93 94 95 96 97 98 99 200(1 61 62 6:i 64 6S 6(i 6/ 6X 69 16 11 12 I:i 2114 YEAR '93 TRACKING SVSTEM '89 COMP PLAN , wQ ('nmr~ Dlon r~rnic~+~~ o hllilrJ nll+ ra+i vT °--i nn of ~~ ~ nn ~nihiln `Q4 ~ r ~ ~ > > rJ~innmin ~inrinhlnc+ n rliffnrnnnn of ilG2A nnrc+nnc+ nnn hn nnnc+i rlnrnrl nnnl inihln FL-9 • , o > > 0 nnni it c+mm~timn hnt, n, nnn +hnc+n nc+timnt nc+ e ~a a • e e e e e , nnncirJnro+inn e ANALYSIS The following information is provided in summary form, consistent with the structure of 9J5-006(2). More detailed information and full explanations are found the 1996 and 2006 Evaluation and Appraisal Reports. As the distribution of land uses indicates (Table L-1 ), the City is primarily residential in nature, with moderate amounts of commercial, industrial and~Ea„r-'tea recreation/oxen soace. Aooroximatelv 1.1 % of the olannina area is currenty vacant. Residential and vacant land is found throughout the Planning Area, both east and west of I-95. Commercial uses are mainly clustered in commercial "corridors", located along major roadways, such as Atlantic Avenue, Federal Highway and Linton Boulevard. The small amount of industrial land is primarily located adjacent to I-95, on either side. AVAILABILITY OF FACILITIES AND SERVICES ^ The City's water and sanitary sewer treatment facilities have sufficient capacity to provide the adopted level-of-service for the City's current and 2025 -et+t population, under the Comprehensive Plan's development scenario. Water and sewer service lines are extended to most properties. A; ~ "°'" t#c~t~ -"~ `'°~ Wells for domestic potable water and septic tanks are fairly prevalent in the unincorporated sections of the Planning Area. The water and sewer sub-elements set forth programs for providing remedial actions to provide central services to existing, unserved residential areas. Central water and central sewer will be used by all projects which have currently approved development orders. Water supply, water treatment, and wastewater treatment facilities are all capable of accommodating existing development and land for which specific development orders have been issued. FL-10 ^ There are no ultimate solid waste disposal facilities within the corporate limits or Planning Area. The Palm Beach County Solid Waste Authority (SWA) has established a LOS of 7.13 pounds per person per day (PPD). Based on existing landfill space, current population, and the land use plans of the County and its municipalities, the SWA has sufficient landfill capacity to meet that LOS for the projected life of the existing landfill (2021 ~). Additionally, the Board of the Solid Waste Authority has authorized the initial design and permitting efforts to develop a new landfill on 1,600 acres owned by the authority. The capacity of this new landfill facility will extend the life of the solid waste system beyind the year 2065. the City's solid waste generation is approximately ~ 6.02 PPD. Thus the City meets the SWA's LOS standards. ^ With the development of the Morikami Wellfield, west of the Planning Area, the City ^~~'e has sufficient raw water capacity to meet the needs of the -et+t 2025 population. ^ The City has adopted the Stormwater Master Plan that identifies current LOS throughout the City and areas needing remedial action. Cost estimates for those improvements are also included. Required improvements have been prioritized and programmed. ^ Coordination was achieved with the Transportation Element by the use of different land use scenarios being used in the traffic model. No significant differences were noted with respect to impacts of local land use decisions. The most significant impacts to the street system occurred in response to inter-area traffic on County and State arterial roadways. ^ Roadway level of service deficiencies (based on County and regional standards for all but State facilities in which case FDOT standards are used) currently (~C 2008) exist on the following streets: • Lake Ida Road, Swinton Avenue to Federal Highway Gz~r,^,;^~ °^~^' +^ ~^r^Y^^^ Ave~a-~e; • I-95 1'i'b1"ti"F south of Linton Boulevard • Federal Highway (US-1 ), Linton Boulevard to Lindell Boulevard; • Atlantic Avenue, I-95 to Swinton Avenue; In addition to the above mentioned LOS deficiencies, some areas in the City currently lack improved roadways. Several areas that the City has annexed contain unimproved streets. The affected areas are the Woods of Southridge, and Wallace Drive areas. Roadway improvements in the other areas are to be completed either following the adoption of associated redevelopment plans or through the City's capital improvement program. ^ To aid in the revitalization of the downtown, the City has established a Transportation Concurrency Exception Area (TCEA). Designation of the TCEA is FL-11 essential to achieve the City's goal of having a compact and vibrant downtown. Downtown Delray Beach, including West Atlantic Avenue and the commercial areas east of the Intracoastal Waterway, is the logical location for a concentration of growth, both commercial and residential. All major infrastructure systems are in place, including a grid network of streets providing convenient access to and from major arterials and the interstate highway system. However, the existing building setbacks, as well as the pedestrian oriented streetscape, provide little opportunity for road widening to increase traffic capacity. Nor would such widening be consistent with the character and ambiance of the area. Adherence to a rigid level of service standard for traffic in the central business district would create a major obstacle to the City's revitalization efforts, and could jeopardize the substantial public and private investment that has been made in the area to date. The TCEA allows the City to continue to grow, within established limits, and without having to significantly alter the existing character of the downtown area. VACANT LAND ANALYSIS /ACCOMMODATING PROJECTED POPULATION ~I i inh ~~i ~ Q~ ( n, m ~~ nc+i,in Dlnn c+~tn ~ ~~~ty~ypLy~ Q70/_ "hi iil+_ni i+" n~r~~ o ~ n T~ c ~' ""' , ° ~a a hn o++rihi i+nrJ +n rJiffnrnn+ rJnfini+innc of +hn +nrm " hi iil+_ni i+" e In 1989, the term built-out was referencing current population as a percentage of the ultimate projected population (54,410 / 62,400 = 87%). However, this methodology only takes residential development into consideration. In order to represent the actual amount of development left to take place in the Planning Area, the current definition of "built-out" represents acreage. More precisely, the total acreage of developed land represented as a percentage of the total acreage of the developable Planning Area (°~2 10,054/10,162 = 98.9% ~9°h). Thus other types of land uses, such as industrial and commercial, are taken into consideration. A substantial amount of development has occurred in the Delray Beach Planning Area since adoption of the 1996 Comprehensive Plan. With over 98.9% of the total land area now developed, the city is nearly completely built out in terms of land area. In addition to the development of vacant parcels throughout the City, there was a substantial amount of redevelopment during this period in the downtown area. The success of the City's efforts to revitalize the downtown and policies to create a sustainable downtown resulted in a significant number of residential units being constructed in mixed-use and free standing residential developments in the downtown area. With the exception of Atlantic High School, which was relocated west of I-95 on residential property,, development has generally occurred where it was anticipated. Of the remaining vacant land in the Planning Area ~~~,h,^~^~--on nn~n ++~~ approximately X88 90 acres of land is available for residential development or mixed- use development,~9Tc~ated-t~c~s~ac~s ^~~(as shown on Map #3). There is also a substantial amount of land available for infill residential development on individual lots in residential subdivisions~t~r~c~s~~s t~ht~-a~T. In addition, there are approximately ',-;tea^~;.~u ~ni'-fir^~Te~c~,n~;-ate ''~mnn+ .~r,.~l nnn~~ e FL-12 ~9 18 acres suitable for commerce/industrial development (all in aggregated tracts of one acre or more). Here again, there are also several vacant tracts of less than one acre in size. None of the above mentioned available vacant land was identified as having any soils, topographic, or historic constraints, which would preclude development. All population and development estimates used in this report are predicated upon the remaining land available for development and redevelopment. Thus, the land needed for projected development is the amount of available land which remains. FL-13 C~JVIPF#EI-~EIIrS~ VE PL~4111 DELRA Y BEACH, ~LQRIDA c~ rr of BDCA RATf]IV TbWN bF GULF STRERM N P~~fN~l~lt Rf51DfN~l~4t l11V~~5 1 HAP #3 I MILE I AGGREGATE PARCELS OF LAND, WHICH ARE VACANT OR UNDERDEVELOPED, 5 ACRES 6R GREATER IN 512E, AND HAVE A F.L.U.M. bE5[GNATION bF LOW DENSITY, MEDIUM DENSITY, GRAPHIC SCALE TRANSITIONAL, 1~15fED USE, OR RURAL RESIDENTIAL cmr of oELRAr aEACH, FlARIDA LEGEND: PLANNING de IDNING DEPARTIAENT ID LETTER: r~ PUWNIhIG AREA ~ ~ ~ ~ ~ CfiY LIIAffS -•_._._,_._._._,_„ ( A ] IAARCFi 2008 {ULT1AlATE CITY BOUNDARY] ` / FL-14 nanr~nnina z,-~.z ~ nnin ~ icc r,~ iuucnvr un~rcnvr~ n ~ .-.- ~«T ,--c--------=-----r-r-.-.-~ ~~ r nna~ r~~rrcrrrv ~~ i n~ c i ~g r nna~ r~~rrcrrrv n inn zuc~ ~g ~~ ~~ ~ ~~ nR~r~rrrnR r~~rr crrrv ~~ ~8 ~8 nR~r~rrrnR r~~rr crrrv ~ ~~ ink ~$ nR~r~rrrnR r~~rr crrrv nn~~ ~ ink ~~ ~~ ~4 rrn n rrcrrrrnrr n r ~ ~ ~~ ~~ rrn n rrcrrrrnrr n r ~ ~ X3.44 ~~ ~~ ~~ nn~n~rnrrc nnn nnn~nr ~ 4~g ~~ ~$ nn~vrnr rc n nn nnv n r ~B ~g ~~ 44~ nn ~vrnr rc n nn n nv n r ~O ~-$4 x-99 ~~ nn~n~rnrrc nnn nnn~nr ~O ~~ z2~--88 nn~n~rnrrc nnn nnn~nr ~ 4~ 4 4~g nn~n~rnrrc nnn nnn~nr ~ ~~ 4 ~~ ~ I I~IITC FL-15 TABLE L-~4 POTENTIAL RESIDENTIAL UNITS May 2008 ~lAx~nnrni LANU USE CUKKEN'1' PO'1'EN'1'lAL ~~IAN ll)# UESIGNAI'ION %ON1NG ACKES UN1'1'S A MEDIUM DENSITY RM-8 3.18 25 B MEDIUM DENSITY COUNTY 4.94 59 C MEDIUM DENSITY COUNTY 4.67 56 M MEDIUM DENSITY RM 7.1 127 SUBTOTALS 19.89 267 D TRANSITIONAL A 2.43 29 F TRANSITIONAL A & POC 4.6 55 L TRANSITIONAL SAD 1.0 18 SUBTOTALS 8.03 I02 H CONGRESS AVENUE MIXED-USE MROC 6.5 260 J CONGRESS AVENUE MIXED-USE MROC 8.75 350 K CONGRESS AVENUE MIXED-USE MROC 7.0 280 SUBTOTALS 22.25 890 N COMMERCIAL CORE CBD 3.25 97 SUBTOTALS E GENERAL COMMERCIAL GG 4.3 129 O GENERAL COMMERCIAL GC 1.8 21 SUBTOTALS 6.l I50 G PREVIOUS APPROVAL SAD 9.86 116 I PREVIOUS APPROVAL MIC 12.37 296 P PREVIOUS APPROVAL GC 7.8 134 SUBTOTALS 30.03 546 GRAND TOTALS: 89.59 2,052 FL-16 REDEVELOPMENT ANALYSIS Blighted and Declining Areas Delray Beach has been designated as an entitlement community, which automatically qualifies the City for state and federal funding through programs such as the Community Development Block Grant (CDBG) and State Housing Initiative Partnership (SHIP). These funds are used primarily for infrastructure and housing improvements in designated target areas (generally those neighborhoods classified as "Rehabilitation" in the Housing Element). In addition, a substantial portion of the City has been declared as "blighted" for the purposes of establishing a Community Redevelopment Area. This area is under the jurisdiction of the Community Redevelopment Agency (CRA), a 7- member board appointed by the City Commission. Redevelopment activities in the CRA area are established in a separate Community Redevelopment Plan and are funded through the use of Tax Increment Financing (TIFs). The CDBG area lies totally within the CRA boundaries, which allows for joint participation and funding of various affordable housing programs. Redevelopment is identified as the approach to eliminate blighted conditions in six separate areas of the City, which were originally designated as Redevelopment Areas in the 1989 Comprehensive Plan. The general location of those areas is as follows: ^ West Atlantic Avenue corridor, from Swinton Avenue to I-95 ^ Along Wallace Drive ^ Lindell and Federal Highway area ^ Silver Terrace subdivision ^ S.W. 4th Avenue north of Linton Boulevard ^ Osceola Park area (south of the CBD, west of S.E. 5th Avenue) Redevelopment plans have been adopted for #~e all of the areas: `"~^~+ "*'., r+in n.,nni .n °~d--S14e~Ter~c~, and corresponding changes to ~t~h,,e~ Future Land Use Map and zoning designations have been made. °I~ f~~t1Yl~"mnininn nr~~nTr~+~hrJC r~r°r~or°rJ in +hic r~lonninrr n°rinrJ. In addition to those areas listed above, the North Federal Highway Corridor has been separately designated as a blighted area, and a Redevelopment Plan is ~,n~°~~^~~~~ was developed to address that mixed use corridor. The preparation of Strategic Task Team Neighborhood Action Plans is appropriate to help stabilize some of the City's older neighborhoods that are in decline. These areas are identified as Revitalization on the Neighborhood Categorization Map in the Housing Element, nn.J innli irln +hn fnlln~^iinn• FL-17 Cnnnrnc+t / flnl Irln nrnn ~~JGnnln DnrL /hc~~4th n~~~~~yo+c+\ nLn nnrl /~Ilnn /~vnniin nrnn /nnc+t of AI. Cnrlnrnl Llinh~nin~i\ flnlrn~i Chnrnc+ c...,,.. ,.~ v ~ a,.. h Durina the 2007 Goal Settina Session. the Citv Commission identified two additional areas which need a redevelopment plan, overlay district or other development tool to promote and guide their future redevelopment. The Linton Avenue corridor from I-95 east to Federal Highway contains a mismatch of uses with no clear direction for how this area could best be utilized to maximize its potential and the South Federal Highwav area, south of Linton Boulevard contains a significant number of marginal uses that may become obsolete and be phased out. Redevelopment of both of these areas will help to expand and diversify the City's overall economy Non-conforming Uses The need exists for the elimination or reduction of uses inconsistent with the community's character and proposed future land uses. i ic+nc+ hnc+ hurl n rlntrimnntnl nffnn+ The City currently pursues the termination of inappropriate uses through the traditional method of applying restrictions on the continuance and expansion of nonconforming uses (i.e., not allowing the use to be re- established once it has been abandoned for six months; restricting the type and value of improvements, etc.) The section of the Land Development Regulations concerning nonconforming uses has been periodically amended, but it has not been comprehensively evaluated for several years. There has on occasion been some confusion concerning the difference between nonconforming structures, and conforming structures which contain nonconforming uses. This section of the LDRs should be re-evaluated in order to clarify the language and the City's position regarding nonconforming uses and structures FLOOD PRONE AREAS Flood prone areas are identified on maps prepared by the Federal Emergency Management Agency. These maps are used by the Building Department Permit Division in determining compliance with the City's Flood Damage Protection Ordinance. Severe flooding of developed areas, other than by ocean activity, is influenced by the water levels in Lake Ida and the C-15 Canal. Water levels in each of these is controlled by the South Florida Water Management District; thus, in times of severe rainstorms some mitigation can be provided. In addition, existing and proposed development is regulated by the Flood Damage Protection Ordinance. FL-18 OTHER The City of Delray Beach is located in the center of south Palm Beach County, and is a strategic location for regional public and semi-public facilities. It is currently the site of the south county courthouse, a solid waste transfer station, mental health and drug rehabilitation centers, County bus maintenance facility, wastewater treatment facility, and Palm Beach County administrative offices. Some of the facilities generate certain positive benefits, such as job growth and an increased consumer base for local businesses. However, there are also negative impacts associated with the uses, including a loss of property tax revenue. In addition, certain facilities generate odors from waste products, increase truck traffic throughout the City, and create similar detrimental impacts. The position of the City is that it has assumed much of the area's burden for the provision of these services, and that it is not obligated to accommodate additional facilities. NEEDS AND RECOMMENDATIONS n i t7t74 Dnni iln+inn Trn,,I' vttt~~~ LyYl~~vTV'~7Crrc[crvrrrrc[Gll inn Cvc++,.,,~.., p i ic+n hn+h o irrc~--~a[Ci-F'~L7~~'a~r,7v cn-v f nhnvn mnn+innnrl rLyYIZC[x7vv~nTCrrcrvrrcct Th~j mini ilrl nrn~iirln n c+innln .~ > onnnmmnrlo+n +hn fi i+i irn nnnrlc of + iTnG~re~~e~}G~tltlttt +~ nni i > hn ('i+~i nrl in nlnnninn +L4n n\ furl nn+ nrn~iirln n hr nnh i fnr Dlnnninn /\rnn ~Q , . C'+n+n nn+imn+nn ~a~ olhi Eton onrl ~nihe~~ - is nn~ni i ~ Thic morln nnr~n - - vPrr ccr ancr, tFil: r vr r v~~r.» rraa~ccr r r ~ ~ v n'CrJp•CGT.7~r[i"F1 .fir. ~JC°GTl I JG CI'i-R 7~ f frnm ++~~.,,~~ i QQ(1 nnnci is non hn i icnrl +n i inrlo+n hor ~ - - - } ~ ~ ~ . ~ } ~ n ['1C'I"I-~dr~. pGn+G~G'pQa[nG~aCQ f n fine irnc h~i i (1 ~inorc - - - - irvrrrttrl o~v ccrr~aTCa~ r ~a~ccrcv~cccc ~ rtgarc~ v~ccrrr. c r.~y ~ ~omi~~-T~I hi iilrlinn t~~s h~i i i+~~ ir~rlo~~ hi iilrlinn ~~« ~ ~a a ~ FL- 19 RE-EVALUATION OF THE PLANNING AREA BOUNDARIES The adopted Comprehensive Plan had specific policies with regard to annexing eligible properties by FY 94/95. While the City has been successful in annexing some properties through the ELMS III legislation and voluntary annexations, there has been difficulty annexing other properties that were not attainable through ELMS III. The problem areas are those near Military Trail which require approval of a referendum by over 50% of the property owners. The City will need to determine if its planning area boundaries should be defined to continue to pursue these "eligible" areas, reduced to exclude the current "eligible" areas, or expanded to include additional area. nnn of r rln~i mm~n+ nr /Q rl nm nn ~FFiI /(lc+nnnln DnrL\ ni inlifint+ vrrc-crt~}G~G~cv2~OpnTCrn-ccrEt'~S~ rrG~e•1F2~OpnTei~AfcmrTrv~ c (~i in ~l nrn/~p~+ of rn_^`'^'''^}~~n ~inL in of rnrl n~i nm n fnr c+mm~ of ~Tt~1Trt~C~7T00077~T-T~~`V~7~C7T7C~t1"F~..~RTC7'~Gl-TIZTrP .~TITGTT mini ilrJ hn ci iffininn+ ECONOMIC DEVELOPMENT STUDY The Future Land Use Element has a policy which discourages Future Land Use Map Amendments which diminish the "Commerce" land use designation. Given the current downsizing trends of larger corporations; the reluctance of large users to build to suit versus occupying existing vacant built space; and current job creation primarily by small firms; the City needs to assess the adequacy of the existing Commerce land to sustain the City in the future, and if it is the most needed land use. Many of the City's larger employers are companies located in office developments which have a Transitional land use designation. Also, the City needs to assess the other major economic components of the City such as tourism and the need for a major hotel. In order to better assess the economic needs, the City will have an economic development study conducted to the determine the land uses that will be necessary to accommodate the employment needs and sustain the economic growth of the City. FL - 20 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" DEVELOPMENT AND REDEVELOPMENT OF REMAINING LAND Objective A-1 Appropriateness of intensity Policy A-1.1 Establishment of Intensity of Use for Land Use Categories on the Future Land Use Map Policy A-1.2 Avoiding Strip Commercial Development Policy A-1.3 Retention of "Commerce" Land Use Designations Policy A-1.4 Economic Development Study Policy A-1.5 Balanced Demographic Mix of Year Round Residents Policy A-1.6 Commercial Land Use Amendments Policy A-1.7 Findings for Future Land Use Map Amendments Policy A-1.8 Demonstrated need for Regional Facilities Policy A-1.9 Class A Offices within Congress Avenue Corridor Policy A-1.10 Design Guidelines for Congress Avenue Corridor and Four Corners Overlay Policv A-1.11 Marketing Plan for Congress Avenue Corridor Objective A-2 Elimination of Inconsistent Uses Policy A-2.1 Continuation of Code Enforcement Efforts Policy A-2.2 Requirement re "Findings Of Consistency" Policy A-2.3 Consistency in Development of Remaining Land Policy A-2.4 Location of Auto Dealers and Auto Related Uses Policy A-2.5 Evaluation of Non-Conforming Uses Regulations Policv A-2.6 Structures Destroyed by Disaster Policy A-2.7 Reconstruction of Structures Destroyed by Disaster Objective A-3 Retention of Open Space & Natural Areas Policy A-3.1 Requirement re "Findings Of Consistency" Policy A-3.2 Relationship to "Conservation Areas" Policy A-3.3 Reference to Conservation Element and Open Space & Recreation Element Policies Objective A-4 Historic Preservation Policy A-4.1 Requirement of "Findings of Consistency" Policy A-4.2 Inventory of Historical Buildings, Sites, or Districts Objective A-5 Development Regulations -Upgrading Policy A-5.1 Enforcement of Sign Code Policy A-5.2 Sign Code Policy A-5.3 Flood Damage Protection Ordinance nff et~e~~Kkf+~g~2gt1~tf6+~S FL-21 Objective A-6 Discouraging Urban Sprawl Objective A-7 Workforce Housing Policy A-7.1 Workforce Housing Density Bonus Program Policy A-7.2 Workforce Housing Overlay Districts Policy A-7.3 Coastal High Hazard Area Policy A-7.4 Time Period for Affordability Policy A-7.5 Monitor Affordable Housing Initiatives GOAL AREA "B" PROVISION OF SERVICES AND DEVELOPMENT Objective B-1 Accommodating Needed Facilities Objective B-2 Concurrency Policy B-2.1 Requirement for Provision of Facilities Policy B-2.2 Certification Required Policy B-2.3 Requirement re "Findings Of Consistency" Policy B-2.4 Referral of Drainage Plans for Review Policy B-2.5 Referral of Site Plans & Plats to FDOT for Review Policy B-2.6 Referral of Site Plans & Plats to County for Review Objective B-3 Services with the Planning Boundaries Policy B-3.1 Standard for Provision of Services Policy B-3.2 Provision of Facilities on Demand Policy B-3.3 Coordination with County re: Land Use Policy B-3.4 Coordination with County re Land Use Policy B-3.5 Annexation Program Policy B-3.6 Support Legislation for Unilateral Annexation GOAL AREA "C" REDEVELOPMENT AND RENEWAL Objective C-1 Blighted Areas Policy C-1.1 Reference to Housing Element Programs Policy C-1.2 Community Redevelopment Agency Policy C-1.3 Industrial Areas along Arterial Streets Policy C-1.4 North Federal Highway Corridor Policy C-1.5 West Atlantic Redevelopment Area Policy C-1.6 Silver Terrace Area Policy C-1.7 Southwest Area Neighborhood FL-22 Policy C-1.8 Redevelopment of Wallace Drive Industrial Area Policv C-1.9 Lindell and Federal Highway Policy C-1.10S.W. 4 Avenue Policv C-1.11 Osceola Park Area Policy C-1.12South Federal Highway Policv C-1.13Linton Boulevard Objective C-8 C-2Economic Development Policy C-2~.1 Role of Culture and the Arts Dnlin~i(~_74 7(llrl Cnhnnl Civiinrn DnrLin.-. /~rnn Policy C-2~.2~Alleys in Old School Square District Policy C-2.34 Beach Commercialization/Promotion Objective C-4-C-3 The Central Business District Policy C-4.1 CBD Zone District Policy C-4.2 CBD Development Plan Policy C-4.3 Parking Structures Policy C-4.4 Pineapple Grove Main Street Policy C-4.5 TCEA Monitoring Policy C-4.6 TCEA Exempt from Traffic Concurrency Policy C-4.7 Developments of Regional Impact (DRI) with the TCEA Policy C-4.8 Parking Lots in Pineapple Grove Objective S-~ C-4 Coastal Area/Hurricane Coordination GOAL AREA "D" SCHOOLS Objective D-1 Achieving a School Population which Mirrors the Diversity of the Community ~ Policy D-1.1 Coordination with School Board Policy D-1.2 Deferral of Certain Projects Policy D-1.3 Advisory Boundary Committee enc~-B-~-: 4-Q ek~Eat+e~a--e~Ptt~a~#-i~c~~e 4 TDvn.lr~n~i fl~~Ipj~hnrhQ~n~ Dhiln~cnpr~.rh~ Objective D-2 Enhanced Role in Neighborhoods FL-23 Policy D-2.1 Access Improvements Policy D-2.2 Expansion of Village Academy Policy D-2.3 Creation of Middle School on Current Atlantic High School Site Objective D-3 City -School District Cooperation Policy D-3.1 Infrastructure Policy D-3.2 Coordination Assignment Policy D-3.3 New Schools Policy D-3.4 Public School Siting Policy D-3.5 Findings of Consistency Policy D-3.6 School Site Selection Criteria Policy D-3.7 Co-location of Schools with Parks, etc. Policy D-3.8 Classroom Size Objective D-4 Continued Improvement of Schools Policy D-4.1 Funding Policy D-4.2 Continued Improvement of Schools, and Public Awareness Objective D-5 Achievement Matters for All Programs Policy D-5.1 Improve Student Achievement Policy D-5.2 Pre-Kindergarten Programs Policy D-5.3 Support of Village Academy Policy D-5.4 Beacon Program Expansions Policy D-5.5 Education Board FL-24 GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use,-a+~ intensity and density +s are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; +s are complementary to and compatible with adjacent land uses; and fulfills remaining land use needs. Policv A-1.1 The descriptions of land use designations contained in this Element are hereby adopted and establish the intensity of use for each future land use category and compatible zoning district designations. Policv A-1.2 Zoning changes which would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exist along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. Strip commercial development, in this context, is characterized by several of the following design features: buildings are arranged in a linear (or strip) format on a narrow depth lot; parking is generally street frontage or on-street; uses are one store deep; no design integration among individual uses; typically no pedestrian access between adjacent developments; very little or no uniformity of signage on an individual development. Policv A-1.3 The Commerce land use designation, which involves a mix of light industrial, commercial uses, and research and development, is the most needed land use during the City's final stage of build-out. Thus, changes to the Future Land Use Map, which diminish this land use, are discouraged. Policv A-1.4 The City shall undertake a comprehensive study of economic development issues and needs in FY X9-9 08/09. The study will, at a minimum, assess the major economic components of the City to determine the uses necessary to accommodate employment needs and sustain economic growth. Recommendations made in the study regarding land use needs shall be adopted as policies in the Future Land Use Element. Policv A-1.5 As the City has an ample supply of housing designed to accommodate its seasonal and retirement population, new residential developments shall be designed for a balanced demographic mix of permanent year-round residents. This shall be accomplished through the implementation of policies from Objective B-2 of the Housing Element. FL - 25 Policv A-1.6 To encourage revitalization of the City's Central Business District and enhance the residential character of the western portion of the City, Future Land Use Map amendments to commercial designations in the area west of Interstate I-95 shall be discouraged. Policv A-1.7 Amendments to the Future Land Use Map (PLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: ^ Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and PLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the PLUM designations of Conservation or Recreation and Open Space; nor shall it apply to PLUM changes associated with annexations when the City's advisory PLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all PLUM amendments. ^ Consistency -- The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan. ^ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. ^ Compatibility -- The requested designation will be compatible with existing and future land uses of the surrounding area. ^ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Policv A-1.8 Future proposals to establish regional public facilities shall be supported by data which demonstrates that the loss of property tax revenue and other negative impacts will be offset by mitigating measures which may include, but are not limited to: payment of fees, creation of significant numbers of local jobs, and measures to control odors, noise, traffic, and other potential impacts on the surrounding communities. If the approving body determines that the negative impact of a particular facility cannot be substantially offset by mitigating measures, the application shall be denied. Policv A-1.9 T",~-oTt~h-a;Tc~ca~e--a~~e~-~~+t~r~La ~ I Ian rJ°cirrnotinn onrJ ~nninrr rJai-str~FC+~f$~t~}l.. (~nnrvrr,~~~P ni in /~nrrirlnr. Thn (L~~~Pnni i~~ rl I I~u~-~ Off~ ~^~. The primary function of the deb Congress Avenue Mixed Use Future Land Use designation is to attract Class A office development while allowing limited residential development (including workforce housing) and support commercial uses. The designation i allows commercial and FL - 26 office development at a total maximum FAR of 1.0. The commercial uses are limited to 20% of the total floor area of a master development plan. Office uses may comprise one hundred percent (100%) of the total floor area of a master development plan. Residential development, at a maximum density of up to 50 units per acre within 2,500 linear feet of the Tri Rail Station, and 40 units per acre for the balance of the corridor, will be allowed. Residential use may comprise up to 100% of the total floor area of a master development plan within 1,000 feet of the Tri-Rail Station; 80% of the total floor area between 1,001 and 2,500 feet of the Tri-Rail Station; and 75% of the total floor area for the balance of the corridor. The maximum FAR for residential uses is 2.0. Development must have an emphasis on non-vehicluar (e.q. pedestrian and bicycle) access to mass transit, including but not limited to, Tri-rail and Palm Tran. ~ Policy A-1.10 In FY 2008/09, the Planning & Zoning department shall evaluate the need for establishing design guidelines for the Congress Avenue Corridor and the Four Corners Overlay District. Policy A-1.11 In FY 2008/09, the City shall work with the Chamber of Commerce to develop a marketing plan to attract new business and promote redevelopment of the Congress Avenue Corridor. Objective A-2 To reduce, and eventually eliminate, uses which are inconsistent with predominant adjacent land uses, and to insure compatibility of future development, the following policies shall be applied. Policy A-2.1 The City shall continue its Code Enforcement Program at funding and staffing levels to no less than that of FY 07/08. Policy A-2.2 Prior to approving any development application which comes before it, the applicable approving board must make a "finding of overall consistency" of the requested land use action with the objectives and policies of the Future Land Use Element. Policy A-2.3 Development of remaining vacant properties shall occur in a manner which is consistent with and complementary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: 1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. FL - 27 2) Automobile dealerships shall not locate and/or expand in the following areas: ^ Within the CBD zone district; ^ West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; ^ East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; ^ On properties fronting George Bush Boulevard, east of Federal Highway. 3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of I-95. 4) Automobile dealerships shall be directed to the following areas: ^ North of George Bush Boulevard, between Federal and Dixie Highways; ^ East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; ^ South of Linton Boulevard, between Federal and Dixie Highways; ~~~~2e~ ~~~,~,-~.,~ frnm c.~. 4~'~t~~cr "cv-v-~rQt~} C+vrr~~°ccr ^ On the north side of Linton Boulevard, between I-95 and S.W. 10th Avenue, and along Wallace Drive. 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. Policv A-2.5 The section of the Land Development Regulations that deals with nonconforming uses and structures shall be comprehensively evaluated in order to ensure that the restrictions on the continuation, expansion, and improvement of nonconforming structures and uses are clear and enforceable. This evaluation and the subsequent LDR changes shall be completed in FY 9~9~ 08/09. Policv A-2.6 Whenever a commercial. residential. hotel. motel. or resort dwellina unit structure is destroyed to an extent of greater than 50% of its value by disaster, the structure may be rebuilt to pre-disaster use, densities and heights if permit applications are submitted within one year following the disaster. Current fire and building codes shall be met; current parking, building setbacks, and landscape requirements shall be complied with as closely as possible. For purposes of this policy, disaster means any non-self imoosed catastroohic damaae includina. but not limited to. fire. flood and ctnrm Policv A-2.7 Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the FL - 28 requirements of the zoning district which applied to the property, except as provided in Policv A-2.6. Objective A-3 The development or utilization of remaining vacant land shall provide for the creation and retention of open space and the rentention of natural resources. This objective shall be met through the following policies: Policv A-3.1 Prior to recommending approval of any land use application which involves vacant land, the appropriate approving board must make a finding that the requested land use action is consistent with this objective and its supporting policies. Policv A-3.2 Proposed development should not adversely affect any land identified as an environmentally sensitive area pursuant to Objective B-1 of the Conservation Element. Policv A-3.3 Proposed development shall accommodate required open space as provided for under Objective B-1 of the Open Space and Recreation 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, where applicable, to architectural design guidelines through a~ the following policies: 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". 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 at least once every five years. Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlin+~ed e# processes including, but not limited to, building permit processes for residential developments and to accommodate ,mixed-use developments, and other innovative development practices. Policv A-5.1 The City shall continue to enforce its existing sign code. FL - 29 Policv A-5.2 The City shall continue to enforce its Flood Damage Protection Ordinance. Policv A-5.3 The City shall continue to enforce its existing off-street parking regulations. ~~~~A In CV ~Q/~J ~~Tt~nl,~l r~F°~~ Ic+n (~ntnnnr~i Innrl i ic+ n hvu'~~Fe- Objective A-6 Urban sprawl shall be discouraged by the provision of services necessary for development of unserved parcels in the City's Planning Area. Objective A-7 To encourage the provision of workforce housing and transit-oriented workforce residential development in the City, the following policies shall be implemented. Policv A-7.1: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program". The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Policv A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. The I-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. The SW 10t" Street Overlay District shall have a maximum density of 12 units per acre. The Four Corners Overlay District shall have a maximum density of 30 units per acre. All other Overlay Districts shall have a maximum density of 18 units per acre. Policv A-7.3: Residential Density may not be increased on any property located within the Coastal High Hazard Area through density bonuses in the Workforce Housing Program. Policv A-7.4: All Workforce Housing Units, constructed under the Family/Workforce Housing Program, shall remain affordable for a period of no less than forty (40) years commencing from the date of initial occupancy of the unit. FL - 30 Policy A-7.5: The City shall monitor the progress of its affordable housing initiatives and may modify the program or enact other provisions to improve the program when necessary. GOAL AREA "B" THE REMAINING GROWTH OF THE COMMUNITY SHALL OCCUR /N A MANNER WHERE NEW DEVELOPMENT AND REDEVELOPMENT WILL BE SERVICEABLE AND IT WILL NOT IMPEDE THE COMMUNITY'S ABILITY TO ACCOMMODATE FUTURE GROWTH OR DETRACT FROM ITS CURRENT QUALITY OF LIFE. Objective B-1 New development shall not occur upon land which is needed for public facilities or greenspace which are necessary to support development within the community. ~~,,., Q_, , Th~~a~Bevelo~~e~~}Mega+~t~e+~s~-a~c~+~t+n~+e-t~e-i+~ ~nintor t+~~ni~r nnll llrninnrv~ fnniliti~t+ v'PC[c , , Objective B-2 Facilities and services which are provided by, or through, the City of Delray Beach shall be provided to new development concurrent with issuance of a Certificate of Occupancy pursuant to the following policies. Policv B-2.1 Services and facilities shall be provided pursuant to the levels of service as established elsewhere in this Plan, concurrent with occupancy. For water facilities, concurrency shall mean that direct connection to a functioning municipal system is made. For sewer facilities, concurrency shall mean that direct connection to a functioning municipal system is made; or, where such facilities are not reasonably accessible (as defined in the Land Development Regulations), connection to a septic system that meets the requirements of the County Health Department. For public schools1 concurrency shall be defined as the improvement is in place or construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County ~ Five Year Capital Improvement Schedule, as reflected in Table SD-CIP of the Capital Facilities Element. For streets, drainage, and other facilities concurrency shall be determined by the following: ^ the improvement is in place prior to issuance of the occupancy permit; ^ the improvement is bonded, as a part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; ^ the improvement is a part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. FL-31 Policv B-2.2 As a part of the City's concurrency Management System, prior to issuance of any certificate of occupancy, the Chief Building Official or a designee shall certify that concurrency is achieved. Policv B-2.3 Prior to recommending approval of any land use application which comes before it, the Local Planning Agency, or appropriate approving body, must make a finding of consistency with this objective and its supporting policies. If such a finding cannot be made, either conditions shall be made which provide for concurrency or the land use request shall be denied. Policv B-2.4 All drainage plans shall be reviewed pursuant to the policies of the Lake Worth Drainage District and/or the South Florida Water Management District, as applicable. This shall be accomplished by referral of development applications to these agencies. No building permit ~ot+e~s~t#e-L~Ea' Dlonninrr D^~n~i nr o^^rn^rio~ shall be f~a issued unless and until an approval of drainage plans has been granted by the appropriate review agency. Policv B-2.5 All site plans and plats which have direct access to State roads shall be referred to Florida Department of Transportation (FDOT). Permits from FDOT shall be obtained prior to approval of final plat or building permit, whichever is applicable. Policv B-2.6 All site plans and plats which have direct access to County roads shall be referred to Palm Beach County. Permits from Palm Beach County shall be obtained prior to approval of final plat or building permit, whichever is applicable. Objective B-3 The City of Delray Beach may provide facilities and limited services for that area within its planning boundaries which is not yet annexed. The City shall annex such properties as they become eligible. Policv B-3.1 Services shall be provided to unincorporated areas upon annexation and they shall be at a level which exists for land uses elsewhere in the City under the same or similar conditions. In circumstances where it not feasible or appropriate to accomplish annexation, individual services (e.g. fire protection, code enforcement), may be provided to unincorporated parcels within the Planning Area, through an interlocal agreement. This paragraph shall not apply to water and sewer services, in areas which received these services from Palm Beach County, prior to annexation. Policv B-3.2 Water and sewer facilities may be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of services. Policv B-3.3 Th,~-oTts~~t+t+e~ed-P-~oe~^h~~t~+^ m~U^ nhonrr^c +n ~+c~ ~T~-~~nrl I Ic+^ ~Anr~ /CI I I~A\ in nrrl°r~~~~ h^ ^^nc+ic++^n^,i h^+,ni^^n (~i+,i nnrl h^ rv,.,~^ +h r++ Within the Delray Beach Planning Area, the City's FLUM designation shall FL - 32 be in effect immediately upon annexation of a specific parcel. Following any annexation, the Future Land Use Map, and appropriate portions of the Comprehensive Plan, shall be amended to reflect the change in the City's boundaries. Policv B-3.4 For purposes of implementing Policy B-3.3, the Future Land Use Map designations as initially contained on the City's Future Land Use Map upon adoption in November, 1989, (and as formally amended subsequently) are hereby deemed to be the Future Land Use Map designations for the territory subject to provisions of the interlocal agreement. Policv B-3.5 The City shall, i",,,--F~o'°°, undertake the following program for the annexation of remaining eligible properties: ^ Preparation of an "urban services annexation report" as required by Florida Statutes, for each of the remaining designated annexation areas: A. Foxe Chase subdivision B Cni ith~n,nt+t /~nrnnr of ~ intnn Rni iln"nrrl nn.J ~Ailitnr" Trail Delray Community Hospital Area C. Barwick Road (just north of Atlantic Avenue) D. Atlantic Avenue & Military Trail, (less the portion of Country Club Acres west of Military Trail and High Point of Delray West) E. The North Military Trail / Barwick Road Area Area, north of ~ nLn LJn Qnn.J F. High Point Delray Area (north of Atlantic Avenue) G. Country Club Acres (west of Military Trail) (See Map #11 for a geographical description of the above referenced areas). ^ Working in concert with the Palm Beach County Planning Department, address the annexation of improved property which lacks adequate sewer, water, street, and/or drainage facilities pursuant to the Palm Beach County Annexation Incentive Program; ^ Recommend whether annexation should be pursued, and if so, the means by which annexation should occur. ^ Accommodate individual voluntary annexations as the opportunities arise. Policv B-3.6 The City of Delray Beach hereby supports legislation at the State level which allows for unilateral annexation by municipalities in designated urban areas. FL - 33 GOAL AREA "C" BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF DELRAY BEACH. Objective C-1 Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. Policv C-1.1 Residential areas shall be categorized in terms of their level of need and programs shall be identified to provide assistance. This policy shall be implemented through objectives and policies in the Housing Element, including a commitment to maintain and/or increase Community Development staff and funding levels to implement the programs. Policv C-1.2 The City shall work with the Community Redevelopment Agency (CRA) for the improvement of neighborhoods within the CRA boundaries. The City shall take the lead in the preparation of Strategic Task Team Neighborhood Action Plans s-(as described in the Housing Element) °n~ f^~ rnrJn"nlnr~mnn+ ^Ipr~-r~rs~e•Xcc^-^~ rn"irlnrl fnr in (lhi~~++i"r+ (~_7 of +hic+ CI^mnn+\ The unique powers of the CRA s~f may be used in the implementation of appropriate provisions of such plans. Policv C-1.3 The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. Such efforts should include: ^ enhanced and continuous code enforcement, ^ regulations which require heavy industrial uses to provide perimeter landscaping of their sites, ^ owners of vacant property shall provide a landscaped appearance of their properties. Policv C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, NE 4tn Street to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. FL - 34 Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. In FY 2008/09, the Planning & Zoning department shall evaluate the need for establishing design guidelines for the corridor. Policv C-1.5 The following pertains to the redevelopment of the West Atlantic Avenue Area: This area extends in a corridor along Atlantic Avenue eastward from I-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan. h„ ~Z(~D/~ hnc+nrl nn nrln„ mm~n+ Dlnn nnrl n mnrLn+ n „ Thn nnnnnmin u~ vr~rry-~}~r~T}Uy~~ca--vrr T ~~cv~nTCrr ~+/~~ , crrttrity--rri~ccvrrvrrnc Fe~°I~v~'ri~C1-Yr.TCY'CCt~IY\/ \11~~~etcc hr~i.7riCl~~~Y Policv C-1.6 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping center. The Silver Terrace Redevelopment Plan was adopted by the City Commission on March 5, 1996. The plan establishes Future Land Use Map designations, zonings, and special development standards for the redevelopment area. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Policv C-1.7 The following pertains to redevelopment of the Southwest Neighborhood DorJo"olnr~mon+ Area: This area is ~enerally defined as the area bounded by West Atlantic Avenue on the north, SW 10 Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas FL - 35 identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Policy C-1.8 The following pertains to redevelopment of the Wallace Drive Industrial Area: This area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2004. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. Acygregation of parcels is encouraged throughout the area to accommodate unified development. Policv C-1.9 The following pertains to the vicinity of Lindell and Federal Highwav: This area extends from the C-15 Canal northward between Federal and Dixie Highways. The area does not include the existing (Honda) automobile dealership but does include the mobile home park north of it. Half of the land is vacant, almost half is underutilized as a substandard trailer park, and a few lots have residences upon them. The Lindell/Federal Highwav Redevelopment Plan was adopted by the City Commission on April 4, 2000. The plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the redevelopment plan. Acygregation of parcels is encouraged throughout the area to accommodate a unified development. Policv C-1.10 The following pertains to the area on both sides of S.W. 4th Avenue, north of Linton Boulevard. This area involves warehouses, heavy industrial use, sporadic residential uses, and vacant land. The vacant land was platted as a part of the Woods of Southridge Subdivision. The Southridge/SW 4 Avenue Redevelopment Plan was adopted by City Commission on June 15, 1999. Future development must be in accordance with the provisions of the Redevelopment Plan. Policy C-1.11 The followingpertains to the area bounded by S.E. 2nd Street, Federal Highwav, S.E. 5th Street, and Swinton Avenue (Osceola Park area): FL - 36 This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The Osceola Park Redevelopment Plan was adopted by the City Commission on December 6, 2004. The primary focus of this redevelopment plan is to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The Plan establishes proposed Future Land Use Map designations for the area. Future development must be in accordance with the provisions of the Redevelopment Plan. Policy C-1.12 The following pertains to the South Federal Highway area, south of Linton Boulevard. In FY 2008/09, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. Policy C-1.13 The following The followingpertains to the Linton Boulevard area, from I-95 east to Federal Higheway. In FY 2008/09, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. n RnorrJ h~i ~~ onrJ of R V Q7 /Q o C h n_ n hc va;a-T~ fnr r~~ nm ' . T v ~ r ~~ rr , mnin+ninn~ `~. 4ttH'Ftl'nni in nnr+h of I in+nn Rni iln,innl 4Ti "GTraCCV7~. n "'crrv~~l''~ n n rl ~' . G . ~ Ly-rd[t~Ct.7-QyYt'rrcC~7~ ~ n~ n['G-C~v77TCC77Y e ~~inni in /(lcnnnlo Dorn orno\ n s~e~e~ I f n n ri, i n ~~~ ~~ ~ ~ ~y n m ~j mm n~~ n n , GT • Ct7'L Ctr C r ~ Te~e~ m m ~ n~ Tpy~yjp~t~~~n +i n rrQ n n~~~ ~~e~cP n m o n+ n l o n fnlln,n,inn nn+inn ~ crv ~ttt c+ c+``h'"`'n``II NNh~~ ~n`"'~r~i irc+i inrl• ~ nlon is nmm~ln+nrJ• nr > > FL - 37 nnlininc+ of +hn (~mm~rnhnnc+ivn Dlnn ni iirlinn +hn ~ic+nnc+i+inn of +hn rnni inc++ Thn \A/ollo nm D/~(`~n~i mm~n Ar ~ - hnrrJnrorJ h~i C\A/ in+h C~~yn~ nnr+ h• C~ 7TITGTf+L~,TC/rG~ TIC,~~.,~~T~~~f++f+}C~~[G,~+}~I7Y+~i~~,T~,,,TI,.i,Z~,f, ~~i~~P , +h `n n viA~~ ~~ A iiT~ ~ r r ~ TJ~TCf+~i~,r~G,ZI~~'CTQ,.,~,., ~ +~, ~,1 ~vn Ta~~ `~' ~ rvi crr- crt Ctrd['r ct 'c'rrLyYl --~C~G LyYI: ~ CtI~F LyYI: c c i ic+nc+ .nn ~+ ihlin infrnc++n in n ~~ ~ ~ nnrl li++In nr nn nnrln fnrn n ~~ ~~ crrcv~r rr crcc -- ~ -aTrcr~rr cvcr~ rcrc c Dlo? o~ ~p~ h" ['1+~i (' nmm ~~inn nn lone ior~i ~ ~nn~Tn DI~~ lich~? ~ ~ ~ ~ rJn~inlnmm~n+ ~ ~ r, ~ / C ~, ~,,,' u , ~ ~ n+ DIon ~ ~ n i o Th ~ i - ~ - ~ -- ~ z~~° I v c h~ i (~ i+~ i n ii~~-ac Q T tyttl t T i ~ C~i hti i vrc~y~ cr ~r r ~ ~n~~ nmon~ oo Ri i~-n rJn~i nmon+ mi ic+ - hn in onnnrrJonnn ~nii+h - - - tttl.~T cv ca: rcr acv ~rraccvrau~TCC wTCrr ti Fl:. +hn DnrJn~minmm~n+ Arno +n onnnmmnrJo+n o i inifinrJ rJn~min mm~n+ Dili +r ~i r_7 C.~ Thn fnlln~niinn r~~~~St~nn nn hn+h c+irlnc+ of C \A/ it+h A,~mni in nnr~ r-vrr • `~ '_ ccrvrrpvcrrvn~.rvr-v~-~Tm~-cvcrmc,~Tr of I in+nn Rni iln~iorrJ > Th~n +~n+ Innrl ~ ~ +~n+ Innrl v ninc+ nl n > ~~~ of ~Z\~/n > ~j n~~~- . R t G ihrJi~iicinn. Thn~~~-~n~ C~ (~nmmic+ inn nn ~nn i ~ i ~~~ ~ ~ r ~ ~ ~~° Th ni m DnrJn~minr~mnn+ DIon ~ni n nlnn ~+n hl~nc+ Ci i~-n mac oc orJnr~+nrJ h~i ('i+~i ~nrl I Ic+n ~Anr~ vcrrmm~ n~'rr-vn rr~.~~~~~ ~n ~ c-~n~ rr- cv~T ~ onnnmmnrJo+n o i inifinrJ rJn~minmm ~n+ D~linv ~_7 L.' Thn fnlln~niinn nnr},~~ nn +n nrnn hni inrlnrl h~i C C rl C+~. ,,~ ~ rlnrn rvrr cr['C[7rr.7 [~LyYI~C[r~.-a~vtrrrcr ~Ficrv[t~C'~r~~ -I~~~nio~i~ C.G. ~.~~yo+~ onrJ C~niin~~+onln Dnrl~ nro,~\. FL - 38 i initc+ It in nlc+n nn fi r~rnt n ~V1f~l e~(~ ~~~I~ ~ e~ ~E (lc+nn nln DnrL cmTC~~~-arr~crr~ rr --prc[ L -- c D ~i nm t Dlon ~nioc orJnn ('i inn nn flnnnmh - ~ e~~} - - ~e- ed- t ~ - -c.~cc nr ~ ~ vrcr-r-ai~c nn~ Thn - r r v nT kt~lttl~r ~vrr vrrvccc n ra t cr~c rric w~- norl~inn onrJ c~F~S~~~G~~~~n~trio~nn m m ~nio ~Te T~s a ~ i T ~ 8bj°^+'~~ Objective C-2 Economic development, with due regard for private property rights, historic preservation and character, is an essential component of the redevelopment and renewal efforts which are directed to the future of the City of Delray Beach. Specific efforts for the coordination and provision of economic development activities shall be centered in the City Administration's Development Services Management Group. Those efforts shall be governed by the following policies. °^"^•~ ~'-~.' Policv C-2.1 The City of Delray Beach hereby acknowledges the role of Culture and the Arts in Economic Development and pledges in pursuit of a theme of this Comprehensive Plan -- A Renaissance Community -- the promotion of the arts and accommodation of cultural activities for economic development ends. Policv C-2.2 Alleys located within the Old School Square Historic District on either side of Swinton Avenue shall remain and be made available for access to abutting properties. Accordingly, these alleys shall not be abandoned to private interests. o^~;^., r~_~.n policy C-2.3 The City's Coastal Area is one of its most valuable resources in terms of economic attraction, recreation, and natural beauty. While action is appropriate to capitalize upon the economic benefits of this resource, commercialization and promotion shall not occur to such an extent that they diminish this beach resource. nh;°^+;.,° ~_n Objective C-3 The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village '',Tk~n;Tt~ by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan ^fo,~m~~ ~nor+ In cni i+h DlnrirJo~~ by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. FL - 39 °^1°^~~ ~'-^.' Policy C-3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ deletion of inappropriate uses ^ incentives for locating retail on the ground floor with office and residential use on upper floors ^ accommodating parking needs through innovative actions ^ incentives for dinner theaters, playhouses, and other family oriented activities ^ allowing and facilitating outdoor cafes ^ incentives for mixed use development and rehabilitations ^ elimination of side yard setback requirements ^ allow structural overhang encroachments into required yard areas °^~;^., r~_n.~ policy C-3.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between I-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village '~'~^ nnmmi ini+„ by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. °^~;^., r~_n.~ policy C-3.3 The City shall be the lead agency in pursuing the construction and operation of tiered parking structures with mixed uses in the CBD. Dnlin~i (`_il 7 °^"^~~ ~'-^.^ Policy C-3.4 The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. Opportunities to promote the area as a Arts District shall be emphasized. `^~-";;~t~h~.1~~~ t~h~ead-~u^^g~^~~t;~ nc+c+i c+t thn r~rn rvrnm in hnnnminrv finnnninlhi c+nlf_c+i iffininnt °^"^~~ ~'-^.~ Policy C-3.5 The City shall monitor development in the TCEA annually to assess the land use mix. Should monitoring show that the rate of development or land use mix vary significantly from projections, the City shall reanalyze the traffic impacts of the TCEA on the roadway network. The monitoring effort shall include a review of the FL - 40 implementing policies of the TCEA and adjustments to their schedules as necessary based on the actual rate of development. D^"^~• ~'-^.~ Policv C-3.6 The City shall continue to exempt land uses within the TCEA from traffic concurrency requirements. D^~;^., r~_n•~ policv C-3.7 Developments of Regional Impact (DRI), even when located within the TCEA, shall be subject to the requirements of Chapter 380, F.S. D^~;^., r~_n•Q policv C-3.8 The City will participate, along with the CRA, in funding the development of public/private parking lots in the Pineapple Grove Main Street area. ^h'°^*'~•° ~'-~ Objective C-4 The relationship between coastal area population and measures for evacuation in the event of a hurricane shall be enhanced through the requirement that redevelopment of existing properties in the coastal zone shall be consistent with the Future Land Use Map as opposed to reconstruction to current intensities, except as provided in Coastal Management Policy C-3.5. GOAL AREA "D" THE PUBLIC SCHOOL SYSTEM WHICH SERVES DELRAY BEACH SHALL BE AN ASSET TO THE COMMUNITY THROUGH ~lIA/TQ/RIIT/AIl: T!1 TE.IC ~~~~`7~A~T/llA~~~C ANTICIPATING AND ACCOMMODATING THE NEEDS AND DESIRES OF EXISTING AND FUTURE RESIDENTS OF THIS CITY. Objective D-1 The City shall strive to maintain a school population that mirrors the diversity of our community. ~~n" 1'1_, , In nrrl~~}n~T~'n~~ 'nll~i hnlnnG~~ +~nn~ r~nr} of nn n~i }n~ninrrl n rlnc+irnrl n}i irlnn} nnni iln}inn }hn} in nmm ~ric+nrl of il(10/_ hlnnL nnrl 62(10/_ n}hnr D^linv n_1 •7 Policv D-1 .1 T"T°c-vTt~h°IuTi-RQ+i~u~t+',(~C~t° in nn~ni "ni icin,v r,rninn+c Ab^~,~eEt+ve-ES~e~The City shall advocate for housing strategies that enable residents of different socio-economic backaround to live work and attend schools in our community D^~;^., n_, •~ policv D-1.2 The City will continue monitoring the Advisory Boundary Committee (ABC and participate and advocate as necessary in their discussions relating to boundary changes that may affect +"° Ali„nr~i+„ °n~l socio-economic balance within our schools. QC nvc~ nCG-R1T GT^.~GGT~ ` ~ I n ~iCl [C~'Cfr n ~ n i i } 11i n nn~G^GTTr[t~L7Yl.~~t~FiTJ ~ n~4QLf7Q FL-41 Pol i cy D-1.3 T",~mt~Ek„~ed~~t#c~^"~;~t~+c+'~~c~cat~ « „ te--ae^as ~+„~^n+ ^.,^~ ~i^+;^n. The City will strive to support specialized academies and choice programs to improve the diversity that has been compromised by recent boundary changes with the creation of neighborhood schools. Objective D-2 The role of schools in their neighborhoods shall be enhanced so that the school facilities aid in achieving the goals and objectives of this Comprehensive Plan, particularly those identified in the Housing Element, which are directed toward the stabilization and revitalization of neighborhoods. Policy D-2.1 The City shall make improvements to sidewalks and pathways under its jurisdiction which, without such improvements, would require that the School Board transport students. New developments shall be required to comply with this policy by providing such pathways concurrent with the development. Policy D-2.2 The City will work with the School Board to maximize ~s the use of the Delray Full Service Center. °c ° ~~~°h'° ~^"^^' ~;+° onrJ fi i+i ir^ ^v^oncinn or^o fnr +h^ Policy D-2.3 'r °tfa~t+E-H-ig"~c~~-i~~ek~Eate~The City will work with the School Board to insure that a new middle school of the arts is constructed on the ~ old Atlantic High School site (Seacrest Boulevard) ~~^v Tic ~^~~" h^ °n °~~°+ +^ enhancing the neighborhood in which it is located. Objective D-3 The City shall cooperate with the School Board to achieve placement of new schools inside of the County's urban services area, to upgrade and enhance existing facilities within the City, as provided for in The School District of Palm Beach County's 5-Year Plan and Capital Budget. Policy D-3.1 The City shall work with the School Board to provide appropriate infrastructure and physical plant improvements ^~a~~ n^'^^t°^'~~-a~a (lhi^^+ni^c of +h^ ('i+~i'c GrJi ino+inn RnorrJ onrJ ('i+~i ('nmmiccinn Policy D-3.2 The policies of this objective shall be coordinated through ongoing communications between the Office of the City Manager and the School District Superintendent. There shall be a mutual obligation to insure that all policies within this goal area are urgently pursued. FL-42 Policv D-3.3 The City shall work with the School Board towards constructing and placing into operation, a new middle school of the arts ~~,~^^n+ +^ +h^ ~,+,,. at the old Atlantic High School site (Seacrest Boulevard). Policv D-3.4 Public educational facilities of The School District of Palm Beach County shall be consistent with all land use categories except Conservation. Policv D-3.5 The location and construction of new public education facilities and the expansion of existing facilities shall be permitted based upon a finding that the proposal is consistent with applicable goals, objectives, and policies of the Comprehensive Plan, and is compatible with adjacent land uses and development patterns. Policv D-3.6 The City shall encourage the School Board to select elementary and middle school locations that are within a reasonable walking distance from neighborhoods that have substantial numbers of children who will attend the school. The sites should be easily and safely accessible to pedestrians, bicycles, school busses, mass transit, and cars. Whenever possible, access to the site should be from a collector road (City collector or local road for elementary schools), as opposed to an arterial road. Policv D-3.7 The City shall seek to co-locate public facilities, such as parks, libraries, and community centers, with public educational facilities of The School District of Palm Beach County to the greatest extent possible. Policv D-3.8 The City supports the Classroom Size Reduction (CSR) Policv of the School district of Palm Beach County to enhance the learning environment of Delray Beach schools. Objective D-4 The City shall work toward the continued improvement of its schools and to promote a positive image of the local public education facilities. Policv D-4.1 The City will continue to lobby the School Board for an equitable amount of funding and resources for schools located within the City. Policv D-4.2 Through its Education Board, the City will work to publicize the improvements that have been made to local schools, and to ensure that the schools, students and teachers are recognized for their achievements. This will be achieved through the production of informational brochures and the conducting of special programs and activities to promote education and the local schools. Objective D-5. ,~Qe~te-i-~c~e-~~t~c~e~t-act+eve~e~t~o~l; °-a; -Q~~oh~oh~, The City Supports the School Board's .policies and programs that are intended to raise student achievement. Policy D-5.1 The City will continue its efforts to help improve student achievement, by working in concert with the School Board to provide programs and resources that are FL-43 appropriate to the unique demographic profile of each school located within the City and help secure funding as necessary. Policy D-5.2 The City shall encourage and help to promote the School District #$ ~t pre-kindergarten programs. irJinn E eel+i~~t~c~°~aEa+i~~ cinnifinon+ nnni ilo+inn nn +hn frnn onrJ rnrJi innrJ L innh nrnnrom Policy D-5.3 Thz-oTt~~~ Th., ~~illnrvn n~~nQpy~y~ +~ ,e,ill ~~~~+n I~nh~h,~ ~~~'~~~~rn i+c nrn,ni+h +n hni icn nrorJnc ~_, ~. The City will continue to lend its support to Village Academy t#e school by providing technical assistance and ~} h~t8-&~ +~rn fi inrJinn +n~T~+^~ ~n~op~l~n~G~~partnerinq and funding of the Beacon Center program. Policy D-5.4 The City will determine the need and advocate for Beacon program expansions. Policy D-5.5 The Education Board will continue to support our schools by focusing on Literacy, parental Involvement, and Community Partnerships that will enhance academic success. FL-44 THE FUTURE LAND USE MAP Maps #5, #6 #7, and #10 depict the location of natural resources (wetlands, floodplains, and minerals and soils) which may affect the development potential of a specific site. A Future Land Use Map prepared in a manner as prescribed by 9J5-006(4) is an attachment to the Plan. Historically Significant Properties: Existing Historic Districts and individual structures which are of historic significance are not shown on the Future Land Use Map. However, they are shown on Map #8 in the Future Land Use Element. Historically significant properties can only be redeveloped in a manner consistent with the City of Delray Beach's Historic Preservation Ordinance. Districts which have been formally designated (per the Historic Preservation Ordinance) as historically significant shall be shown as such on the Official Zoning Map. Waterwells and Cones of Influence: In addition to being shown on the Tie Future Land Use Map, Map #6 shows the approximate location of each of the municipal water wells which are located within the Delray Beach Planning Area. The location includes Wellfield Protection Zone #1 (approximately 100' radius from the well), within which no development is to occur. The Future Land Use Map also shows the boundary of Wellfield Protection Zones within which provisions of the Palm Beach County Wellfield Protection Ordinance apply. Further description of the Wellfield protection program is provided within the Conservation and Public Facilities Elements. Interpretation of Land Use Boundaries: The Future Land Use Map is produced through the City's Digital Base Map System (DBMS). While the DBMS is updated constantly, there are still areas of the City which may be slightly out of scale, and/or where property lines or road rights-of-way maybe out-dated. Thus, the boundaries of land uses, as shown on the Future Land Use Map, are considered to be approximate. The Local Planning Agency shall make a finding as to the specific boundaries at the time that they make a finding of consistency with the Comprehensive Plan. Such findings are mandatory when the Local Planning Agency acts upon a land use request. Whenever there is a doubt as to the boundaries of land uses or there is a question as to how to interpret the application of the above land use designations as they apply to specific territory, the Local Planning Agency shall provide such an interpretation. However, such an interpretation shall not exceed the requirements for amendment to the Comprehensive Plan as set forth in the Land Use Management Act of 1985, as amended. Table L-65 provides a listing of future land use categories used on the map and the acreage allocated to them. FL - 45 TABLE L - &5 FUTURE LAND USE ALLOCATIONS TOTAL PLANNING AREA .................... 10,574 ACRES 1 ADJUSTED LAND USE AREA ..................... 10,162 ACRES LAND USE CATEGORY PER PLAN AREA PERCENT OF ALUA Low Density, Stable Residential 398 3,817 37~ 37.6% Medium Density, Stable Residential 224 2,528 29-9 24.9% Q„r~~ Qo~,~or+,~~ ~ &~ Transitional Designations 449 431 4-4 4.2% fie-Commercial Core 28-5 301 2~ 3.0% General Commercial 932 698 9:2 6.9% Industrial 37112 &91.1 Commerce 369 262 3~ 2.6% Recreation & Open Space & Conservation ~6 1,182 ~7 11.6% Community Facilities 396 507 3~ 5.0% Congress Avenue Mixed Use 270 2.7% Other Mixed Use - Q°^'°~~°'^nm°^+ ^~°°° 343 54 3~ 0.5% The Adjusted Land Use Area has been calculated to more accurately reflect comparison among percentages of land uses. It does not include the right-of-way for I-95, and arterial road ways. It does include the area for all other streets. In addition, the A.L.U.A. does not include the surface area of the Intracoastal Waterway or Lake Ida. It does include other water bodies. Source: City of Delray Beach, ~~ 2008 The designated land use categories are described in the following material. Table L-~ 6 identifies which zoning districts are consistent with the Future Land Use Map categories (designations). RESIDENTIAL LAND USES: There are two categories of residential land use. Low Density: This designation is applied to land which is developed, or is to be developed, at a density of five units per acre or less. Such land is usually developed for single family purposes although mixed residential uses may occur under a planned residential zoning district. Home ownership is characteristic of this designation. Where this designation exists, uses other than low density residential shall not be considered. FL - 46 Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwelling units per acre, except within the portion of the Southwest Neighborhood Area Overlay District lying between the commercial area along West Atlantic Avenue and SW 2nd Street (SW 3rd Street along SW 12th Avenue), from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to Conditional Use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre, up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within other overlay districts by obtaining density bonuses through the provision of workforce housing units. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. TRANSITIONAL LAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. When Neighborhood Commercial Zoning is placed within or adjacent to a residential area, such zoning shall be limited to two acres, or less, which is sufficient to accommodate the needs of an immediate residential neighborhood. While in others, it provides for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate. Residential development at a density between five and twelve units per acre, mobile home parks and apartment development in addition to condominiums, Continuing Care Facilities, A.C.L.F., and various types of group homes are appropriate under this designation. Areas with this designation, located within a workforce housing overlay district, may exceed 12 units per acre up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate at a maximum FAR of 1.0. COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes a substantial portion of the Transportation Concurrency Exception Area described in the Future Land Use Element and graphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and industrial/commerce type uses. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses and residential uses may comprise up to 50% of the total floor area, within the West Atlantic Avenue a°~°„°'^^,,,°n+ Neighborhood Area. The base residential density within the West Atlantic Avenue Neighborhood and Beach FL - 47 areas is 12 units per acre. The base residential density within the downtown core area is 30 units per acre, but portions of this area may exceed 30 units per acre, up to a maximum of 100 units per acre, subject to Conditional Use approval. Also, within the West Atlantic Avenue a°~°„°'^^,,,°n+ Neighborhood Area, the density may exceed the base of 12 units per acre, up to a maximum of 30 units per acre subject to Conditional Use approval. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except for mixed-use development within the Four Corners Overlay District, where the nonresidential component is limited to an FAR of 2.0. Residential uses may comprise up to 15% of the total floor area, except within the Four Corners Overlay District and infill workforce housing area, where residential uses may comprise up to 75% of the total floor area. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. INDUSTRIAL LAND USE: There are two categories of industrial land use. Industrial: This designation accommodates manufacturing, fabrication, assembly, and warehousing. It is applied to property which currently has such uses and which is located in an area which should continue to be used for industrial purposes. It is also applied to those areas of the community which are best suited, because of their location, to accommodate industrial uses. Residential and general commercial uses are not appropriate on land designated as Industrial. The maximum intensity for development within this category is 0.60 FAR. Commerce: This designation is applied to property which is developed, or is to be developed, in such a manner as to accommodate a mix of industrial, service, and commercial uses. This may be done either through development of existing parcels or through a planned concept. Residential development may also be permitted provided that such development is within a designated workforce housing overlay district that allows such use and any residential development meets the criteria of the City of Delray Beach Workforce Housing Ordinance. Areas with this designation, located within a workforce housing overlay district, may be developed up to a maximum of 24 units per acre, provided at least 25% of the units are workforce housing units. The maximum intensity for nonresidential uses within this cateaorv is 0.60 FAR. AGRICULTURAL LAND USE: There are no designations for agricultural land use on the Future Land Use Map. The City of Delray Beach Planning Area is an urbanized FL - 48 area with e~e~-~9°,~ 98.9 of its land area developed. The long-term continuance of existing agricultural operations is not compatible with the urbanization which has occurred. The maximum intensity for develooment within this cateaorv is 0.15 FAR. RECREATION & OPEN SPACE LAND USE: This designation applies to public recreational areas (such as municipal parks), to open space areas, and to conservation areas. Open space areas include canals, waterways, beaches, shores, estuarine systems, golf courses, private open (common) areas within planned developments, and undevelopable parcels. Public recreational areas which also have indoor facilities (e.g. community centers) are more apt to be shown as "Community Facilities". The conservation properties are those lands shown on the Conservation Map. Land shown under this designation shall not be used for any purpose other than recreation, open space, or conservation. The maximum intensity for development within this categorv is 0.5 FAR. CONSERVATION LAND USE: This designation applies to those specific properties identified in the Conservation Element as land to be preserved. No other land use is appropriate. These properties shall be either placed into public ownership or developed only as allowed by policies of the Conservation Element. They are shown on the Future Land Use Map under the Open Space -Conservation designation. Properties having an Open Space-Conservation designation will be developed with an intensity consistent with the policies contained within Objective B-1 of the Conservation Element_ The maximum intensity for development within this categorv is 0.01 FAR. COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g. the wastewater treatment plant. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g. H.R.S.) which lease common office space, nor are churches that do not include substantial accessory uses such as educational facilities. The maximum intensity for development within this categorv is 1.0 FAR. MIXED USE CATEGORIES: There are two types of mixed use land designations on the Future Land Use Map. Congress Avenue Mixed Use: This designation is applied to properties in the Congress Avenue Corridor bounded by West Atlantic Avenue on the north, the C-15 Canal to the south, I-95 transportation corridor on the east and generally Congress Avenue on the west together with the Congress Park, Congress Park South, and the Office Depot complex located just west of Congress Avenue. The Mixed Use designation accommodates a variety of uses including limited commercial, office development and residential uses. The primary function of the district is to attract Class A office development while allowing limited residential development (including workforce housing) and support commercial uses. Upon establishment of the Congress Avenue Mixed Use (CMU) district, the City shall create a zoning district that permits mixed use development. Residential development FL - 49 at a maximum density of up to 50 units per acre within 2,500 linear feet of the Tri Rail Station, and 40 units per acre for the balance of the corridor will be allowed. Residential use may comprise up to 100% of the total floor area of a master development plan within 1,000 feet of the Tri-Rail Station; 80% of the total floor area between 1,001 and 2,500 feet of the Tri-Rail Station; and 75% of the total floor area for the balance of the corridor. The maximum FAR for residential uses is 2.0. The mixed use category will also allow commercial and office development at a maximum FAR of 1.0. The commercial uses are limited to 20% of the total floor area of a master development plan. Other Mixed Use: This designation is applied along the Swinton Avenue corridor generally 4 blocks north and two blocks south of Atlantic Avenue. With the exception of the Old School Square facility itself, the boundaries are contiguous with the Old School Square Historic Arts zoning district. This categorv provides for mixed uses of residential, office and commercial activities. Allowed residential uses include single family detached and duplex structures on a minimum 8,000 sg. ft. lot. Based on this minimum lot size, the maximum density within this category is 10 units per acre. 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I SF W ~ 7 7 ~I L ~ Q ~• ~ ~ C ^ ~ 8 rd ~ ~~' " W P ~ ~ w ~-y T ~ i 11 i ar ~ O ~ a o Q ~ ~ N ~' d ° LAKE IDA RDAD ---~ Y V ~F ~~ m I ~._.5 L._._. ~.-,_, y N.W. 2N^ ST r._, i i ¢ I ~ ~ SF ~ ~ ~ ATLANTIC ~._, ~._. _.-,_._._.-.~ g AVE_ ~~~ ATLANnc AYENUE i I ~ ~ L-~ SF `' Q 1 ,~j ~ 0 LDWSDN BWLEVARD m 0 P ~~ CIF ~ _.____ __...- ____ t ~!F r $ P~G~ ~ ~ ,;, SF ~; ~ - - - L-38 CANAL - - - - - SF/REC PAf_A4 BEACf-1 COUNTY s.w. ~ IDTH sT 4 3 C-15 CANAL ~r S~'I FY OF l,. ~~ .` ~ ~ BOLA 17A TON SF TOWN Gl1LF STREAM r '~~' ~ c. ausH BLW. f Y 4 d ^ ti h a~ ~ ~- ~ TC1N7H ~F I NfGN~AND i ., ~. BEACH ~E~ERAt1lED ADJAEElYT tA~YD USES N MAP #4 I MILE I SF - SINGLE FAMILY RESIDENTIAL CF - CbMMUNI'N FADILRIES CQ~ - CbMMERCIAL GRAPHIC SCALE CITY DF DELRAY BEACH, FiARIDA ~ - MULTI-FAMILY RESIDENTIAL ~+'(r' -RECREATION jN~ - INDUSTRIAL PLANNING ~ ZDNING DEPAIZf1AEMf PW~INING AREA - - - - ~ CIiY lJMRS -•-•- -•- -•-•-•- - ~VCA -VACANT ae MARCH 2008 {ULTIh1ATE CITY BDUNDAR'~ AGRICULTURE FL-52 CD~IIPREI-IENSI VF PLa N DELR~4 Y BEr4C1Y, FLORIDA CITY DF BDCA RA T01V rowr~ of GUZF STREAM ~ SD1L SUS YFY IHAP #5 MILE [YL4PHIC SCALE LEGEND: PLANNING AREA - CfTY OF GELRAY BEACH, FLGRIUA (uLn~ATE cm' aouNOARY] PLANNING & ZGNING DEPARTMEHf SEE ATTACHED LIST FOR OETAlLEO 501E CLA551FlCATIdNS. ~~ sDa$ SOURCE: 1978 501E SURVEY OF PALM BEACH COUNTY, FLORIDA; U.S. DEPT. OF AGRICULTURE. FL-53 SOIL LEGEND MAP # 5A The first letter, always a capital, is the initial letter of the soil name. The second letter is a lower case letter for a narrowly defined unit, and a capital letter for a broadly defined unit.'-~ The third position, if used, is a capital letter and connotes slope class. Most symbols without a slope letter are those for nearly level soils, but some are for land types or broadly defined units that have a considerable range in slope. SYMBOL NAME SYMBOL NAME AdB Adamsville sand, organic subsoil variant Pa Pahokee muck An Anclote fine sand PbB Palm Beach-Urban land complex ASF Arents, very steep ii PcB Paola sand, 0 to 8 percent slopes AU Arents-Urban land complex ii Pd Pineda sand AX Arents-Urban land complex, organic substratum Pe Pinellas fine sand Ba Basinger fine sand Pf Pits Bc Basinger-Urban land complex Pg Placid fine sand BM Basinger and Myal~ka sands, depressional ii PhB Pomello fine sand Bn Beaches Po Pompano fine sand Bo Boca fine sand QAB Quartzipsamments, shaped v Cc Canaveral-Urban land complex Ra Riviera sand Ch Chobee fine sandy loam Rd Riviera sand, depressional CuB Cocoa-Urban land complex Ru Riviera-Urban land complex Da Dania muck Sa Sanibel muck Fa Floridana fine sand ScB St. Lucie sand, 0 to 8 percent slopes Ha Hallandale sand SuB St. Lucie-Urban land complex Ho Holopaw fine sand Ta Tequesta muck Im Immokalee fine sand Tc Terra Ceia muck Ju Jupiter fine sand TM Tidal swamp, mineral v La Lauderhill muck TO Tidal swamp, organic ii Mk Myal~ka sand Tr Torry muck Mu Myakka-Urban land complex UD Udorthents ii Oc Okeechobee muck Ur Urban land On Okeelanta muck Wa Wabasso fine sand Os Oldsmar sand Wn Winder fine sand v The composition of these units is apt to be more variable than the other units in the survey area. Mapping has been controlled well enough, however, to be interpreted for the anticipated use of the soils. FL-54 Con~PRE~rF~rs~vF PL~aN DELR~4 Y BE~4CN, RL~RIDA crrr nF BOLA RA TOrV TOWN QF GlJIF STREAls4 N WELLF~ELD PRDT~~fI~l~ AREAS I~lIiFS ~F il11FLrJFlVCE MAP #6 MILE LECENO: GRAPHIC SCALE 20NE 4 -! 2QNE 3 ~ 20NE 2 ! 20NE 1 - O LACATIDN GF WELL - e OTi1' GF OELRAY BEAiCH, FLDRILlA SCURCE: P.B.C. QEPT. OF EHNRONMENTAL RESOUCES -WATER REDUCES GNISION, JUNE 1993 PLANNING de ZONING OEPARTMEHf PLANNING AREA ~ ~ ~ ~ ~ CfiY OMITS -•_ _ _ _ _ _ _ _ COLNfY MARCH 2OD8 (ULTIMATE CIIY BGUNDARY) ~ ~ ~ ~~ JUI~SGICTION FL-55 PALM BEACH CDl1rV7Y C1TY dF BdCA t~AT(7N TD WN DF GULF STREAM N SPECIAL FL~DD ~YAlARD AREAS II~IAP ~7 I IAILE I LEGEND: SPECIAL HAZARD AREAS PLANNING AREA GRAPHIC SCALE INUNDATED BY i OD-YEAR FLOGD ® {ULTIIAATE CITY BUUNDAKY} CfTY OF DELRAY 6EACH. FLARIDA PALAi BEACH COUNTY JURFSDICfION CfTY LIMffS -•- -•-•-•-•-•- -•-•- PLANNING dt ZONING DEPARf1AENT yARq~ pppB SOURCE: JANUARY 5, 1989. FLOOD INSURANCE RATE AkAP, FEDERAL EMERGENCY IAANA~AIENf AGENCY. CDMP1~El-~EIIrS1 VE PLAN DELI4AY BEi4CH, FLQRID-4 crrY of BdYNrdN BEACH FL-56 PALM 6EACH C~IJN7Y CITY OF 6OCA BATON TOWN OF Gi1LF STREAh~ N ~~sr~Rl~ ~1srRlcrs ~ slr~s 1NAP #8 iAILE , - A - NA55AU STREET HISTORIC DISTRICTS cmr ua~rrs GRAPHIC SG4LE B. -OLD SCHOOL SQUARE HISTORIC 51TE5 - ~ CfiY OF DELRAY 9EACH, FLORIDA C. -DEL-IOA PARK PLANNING de IANING DEPARTMENT D. - I~bARINA PLANNING AREA [ULTIMATE CRY 90UNDARY] MARCH 2OG6 E. - WEST SETTLERS ~ . ~ . C~NIPJ~E~-IFNS~ IIF PLr41V DELRr4 Y BEACIY, FL~R~DA FL-57 PAL7~9 BEACF! CC4JNTY C1rY DF 6DCA RA rflN rawru aF GfJLP STRERM MILE GRAPHIC SCALE CfTY OF GELRAY 6EACH. FLARIGA PLANNING & ZONING DEPAFxfMENT MARCH 2608 PRAlIfSPnRTATiOlII EDlVEL1RRFlVCr FXCFPfI~IV ARFA ~r.c.F.A.J LEGEND: PLANNING AREA - - - - - (ULTIMATE CfTY 90UNE7ARY] CRY LJMRS _,_._,_,_,_._,_._._ 1HAP #9 PALM 6EACdi COUNTY JURISCICf10N - CD~IIPF~EHFII~S~VF PL~41V DELl4A Y BFA Chl, FLDRIDA FL-58 C~ll~PREHEI~ISIIIE PL.41~1 DELI~A YBE.4CH, FLQIgIDA CITY OF 90YNTOIV B1=ACH CITY ^F 8C3CA RA Tf]N TOWN 4F GULF STREAH} ,~ I~ocAr~o~ of ~~ r1vF Fcos rs r~Ms Map # ~a IAILE GRAPHIC SCALE LEGEND' 1. ' LEON WEEKES ENVIRONMENTAL PRESERVE PUWNIN6 AREA - - - - 2. ~ HURRICANE PINES (LILTIAIATE CfTY 9011NDARY) CITY OF DELRAY 6EACH. FLARILEA 3. ~ ATLMITIC DUNES PARR CffY UMffS -•-•-•-•- -•-•-•-•- PLANNING & ZONING DEPARTIAEHT 4. J DELRAY OAKS COUNTY JURISDICTION MARCH 2f3O8 FL-59 eorn~rarv eF,acr~ ---- ---------- L-30 CANAL ^ \\\ J •\\ Q I J ~. ~ ~ •• E .~ ' }~ - u ~1 0 ~. LAKE IDA RORD ^ ~ ~ Y U [K ~ m F I C I I AVENUE ATLANTIC D t t t ~ -~ t t ~ J -t• t t t o + + + G m ~ + + + t t t -~ • + .. LDWSON BOULEVARD ~ AC ~ P I v ^ LI NTON BouLEVARo I L ] B~ ~ I i - -- -- p ~ _ _~ ~ ' A R~~'To J I : Ei~~.~~ J ~ v ¢ ~ G $- ~ _ W P I . a . ~I . ^ L-38 CANAL ' PALM BEA CN COlJN rY CQ~NPREh1E1VS~ VE PLAN DELRA Y BEACH, FLDJ4~DA A~NFxAr~~~ ~~~ ~-lAP # ~ 1 LEGEND: ® AREA A - BD.38 ACRES ® AREA 8 - 15.40 ACRES ® AREA C - 121.07 ACRES AREA D - 85.84 ACRES ::::;; AREA E - 52.17 ACRES ® AREA F - 200.60 ACRES ••*••. AREA G - 159.00 ACRES _ PLAFINING AREA {ULTIA~IATE CRY 80UMDARY) ^~-~-~-~-~-~-~- CffY LIAiITS ALL ANNE)lATIDN AREAS ARE UNDER CDUNTY JURISDICTION ~ tr{ILE I GRAPHIC SCALE CRY OF UELRAY 9EACH, FLORILIA PLANNING At ZONING OEPARTAIENf MAROI-I 2GD8 FL-60 TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRAY BEACH BACKGROUND The text of the Element is a summary of the complete inventory, analysis, and recommendations which are contained in the following source documents: ^ Delray Beach Traffic Element (Walter Keller, Jr., 1989) ^ Delray Beach Traffic Circulation Element, EAR (David Plummer & Associates, 1995) ^ Evaluation and Appraisal Report (City of Delray Beach, 1996) ^ Delray Beach Comprehensive Plan Update - Transportation Element (David Plummer & Associates, 1997) ^ Evaluation and Appraisal Report (City of Delrav Beach, 2006) ^ Updates to Delrav Beach Transportation Element (McMahon Associates, Inc., 2006) The source documents, and other documents which are cited in the Element, are available for public review at the Planning Department offices located at 100 N.W. 1st Avenue, Delray Beach, Florida. FUTURE TRAFFIC CIRCULATION MAP Map #12 shows the location and classification of the Future Traffic Network with all elements pursuant to 9J-5.007(4). Table T-1 provides a listing of all streets, their classification, responsible agency, ultimate right-of-way width, ultimate pavement width, and programmed improvements (if any). INVENTORY The following summary is prepared to facilitate review with the requirements of Administrative Rule 9J-5. As a summary, only significant items are highlighted. The source documents should be referred to for more information. TR - 1 The data included in the 1996 inventory was based on a number of sources. Traffic counts are 1995 counts from Palm Beach County with additional counts provided by the City of Delray Beach and a traffic consultant. Roadway classifications are by the Federal Functional Classification (FFC) system. The County and FDOT service volumes are based on procedures and methodologies included in the FDOT Highway Capacity Manual. The generalized service volumes are those contained in the FDOT 1998 LOS manual published in 1998, effective March 1, 1999. Palm Beach County utilizes existing and projected annual average daily traffic (ADT) and peak hour volumes (Test 1) or peak hour, peak season, peak direction and intersection's critical volumes (Alternative Test 1) as well as level of service standards on the improved system [2010 Highway Systems Needs Plan] (Test 2); (see Tables T- 2, T-3 and T-4). FDOT utilizes only peak season, peak hour directional level of service volumes (see Table T-3). County standards are utilized for the analysis of County and City maintained facilities, while FDOT standards are utilized for State maintained roadways. Road System: There are 48.4 miles of arterial and collector roadways in the City. Map #13 identifies roadway location, and design types (number of lanes). Map #15 and Map #16 show the 1995 annual average daily traffic and the peak hour, peak direction volumes and related levels of service. Map #14 shows the existing roadway network in the planning area by functional classification and maintenance responsibility. The City has adopted the Federal Functional Classification (FFC) system for roadways which conform to the FDOT's "General Interest Data Procedures, Chapter 5: Federal Functional Classification". A map showing the FFC is included as Map #14, depicting roadways contained in FDOT's table entitled "Palm Beach County Federal Functional Classification". Tables T-6 and T-7 show annual average daily and peak hour, peak season, peak direction projections of traffic volumes for the City's roadways in the year 2000, considering improvements proposed in the FDOT and Palm Beach County five year improvement plans. Significant Parking Facilities: Significant public parking facilities under the jurisdiction of the City are surface parking lots and on-street parking which serve the downtown area, and facilities such as City Hall and the Community Center. These facilities provide approximately 1,650 free parking spaces and two garages with an additional 730 spaces, with duration's ranging from two hour limits to unlimited times. TR-2 Safety: Table T-5 summarizes data associated with locations with a high accident frequency in the Planning Area. Port and Airport Facilities: There are no ports or airports in the Planning Area. Freight and Passenger Rail Lines: The City currently is served by the following four railway lines: ^ The Florida East Coast (FEC) Railroad, a freight line that runs north-south through the eastern portion of the City; ^ The Seaboard Coast Line (CSX) Railroad, a freight line that runs north-south, just west of I-95; ^ Amtrak passenger rail serves the City utilizing the CSX tracks, stopping just south of West Atlantic Avenue (South County Government Complex); and ^ Tri-Rail commuter rail serves the City utilizing the CSX tracks, stopping just south of West Atlantic Avenue. Rail terminals are identified on Map #14. Public Transit: Delray Beach is served by a regional bus transit provider. Palm Tran is the County- wide bus service, under the jurisdiction of Palm Beach County. Anew route system was initiated in August, 1996 which included expanded service to Delray Beach. The new routes in the City are shown in Map #17. Palm Tran operates a maintenance and storage terminal within the City on Congress Avenue north of Atlantic Avenue (Map #17). Public Transit Trip Generators and Attractors: The major trip producers and generators in Delray Beach are shown on Map #18. Palm Tran bus routes serve all of these areas with regular service as indicated in Map #17. TR-3 Intermodal Terminals: Existing intermodal facilities in Delray Beach include rail and bus. Two intermodal facilities (Tri-Rail and Amtrak stations) exist at a shared terminal along Congress Avenue near Atlantic Avenue in the central part of the City. The Palm Tran Satellite Facility is located on Congress Avenue near Atlantic Avenue, and provides for storage, maintenance, and staging of the Palm Tran bus fleet serving southern Palm Beach County. Other intermodal facilities include High Occupancy Vehicle (HOV) lanes on I-95 and a park-and-ride lot. An additional HOV lane is scheduled for construction from the south City limits to Linton Boulevard in FY 96/97, and from Linton Boulevard north to the north City limits in FY 99/00. The park-and-ride lot is located just south of the City, at the Congress Avenue interchange with I-95. This lot can be used in conjunction with Palm Tran routes or the HOV lanes on I-95. Evacuation Routes: Three evacuation routes are designated in Delray Beach (Map #19), all of which have bridges over the Intracoastal Waterway. Bridge operations are directed by the Coast Guard and Palm Beach County Emergency Management Division to assure safe evacuation. The evacuation routes are: ^ George Bush Boulevard to I-95, via Swinton Avenue and Atlantic Avenue ^ Atlantic Avenue to I-95 ^ Linton Boulevard to I-95 Transportation Concurrency Exception Area: The City has established a Transportation Concurrency Exception Area (TCEA) to aid in the revitalization of the downtown. One purpose of defining this specific area is to gain access to the flexibility allowed for concurrency management. The TCEA provides incentives to redevelopment by eliminating transportation concurrency requirements. These incentives encourage land use planning within a compact area which enhances mobility goals with a balanced development scenario. This development pattern will result in alternatives to the use of a single occupant automobile trip for mobility needs. This area is described in detail in the Future Land Use Element. The TCEA encompasses the central business district of Delray Beach, pursuant to Section 163.3164(25) F.S., and contains approximately 436 acres. The general limits of the TCEA are I-95 on the west, SR A1A on the east, S.E. 2nd Street on the south, and N.E. 4th Street on the north. The specific boundaries of the TCEA are shown on Map #9 in the Future Land Use Element. TR-4 ANALYSIS Existing Levels of Service and System Needs: Map #13 provides the current roadway laneage for the expressway, arterials and collectors within the City. Map #15 shows the existing annual average daily traffic volumes and levels of service for these area roadways. Map #16 shows peak hour peak direction traffic volumes and level of service for the State, County, and City roadways. The following roadways (excluding state facilities which are not assessed on an average annual basis) are currently operating below the adopted levels of service on an annual average daily basis: ^ Military Trail -Atlantic Avenue to Linton Boulevard - 4 LD -LOS "E" L~Ln Irln Qnnrl _ Rnr~nii +~ Q~c +n (L~?~P ni in _ 7 I I I _ I (ham" ^ Linton Boulevard - I-95 to SW 10th Avenue - 6 LD -LOS "F" ^ Atlantic Avenue - I-95 to SW 12 Avenue - 4 LD -LOS "E" For over capacity facilities, the Palm Beach County Unified Development Code allows for examination of peak hour, peak season, peak directional conditions (Alternative Test 1) and requires analysis of the intersections at the termini of each link. If roadways pass Alternative Test 1 they are considered to meet acceptable LOS. State facilities are assessed utilizing the peak hour, peak season, peak directional standards only. Based on that analysis only the following roadway links are operating below the adopted level of service standards: ^ I-95 - Woolbright Road to Linton Boulevard - 6 LX -LOS "F" ^ Lake Ida Road -Barwick Road to Congress Avenue - 2 LU -LOS "F" The two facilities which are currently operating below the adopted ADT (Average Daily Traffic) and/or peak season, peak hour, peak directional standards are maintained by jurisdictions other than the City. I-95 is considered a backlogged facility. of I _ Q ~. ~ frnm L~tGiy--tjCtii~~ ~ o r~vard-~vuly-~t~LtFl: CvQach--vT~~ , o-ar~r'aaar i n n o~ on I-I(1\/ loran in no~ rJirn~++inn frnm ~ Rni iln~iorrJ nnr+h ~~~vr+~h ~fii I~~Tj ca ~rrc crvrrrrvTrr c-v-arcr-rrvrcrr nrnnpi~''in~m777 fnr ~'~+~~~++~n`~~~~ ~inn~~ C~~~ ram l CV~^~r° °T Th~~~r~l~n IrJo QnorJ frnm Ror~nii~ Q~~ +n~r~n~~~~nni in hoc foilnrJ +hn (~~+~i'c+~P~ih~~~hrlnrrl fnr mnrn nn fivn ~i~. Gf`Tfn~r+~ ram ~? ~1 ~~ TR-5 Availability of Facilities and Services for Existing Land Uses: Local land uses are compatible with the circulation system and where congestion and lower LOS occurs it is created by inter-area traffic. There is no need for new street facilities as the City is ~ 98.7% built out and all collector and arterial roads are either at their terminus (the ocean) or extend into adjacent jurisdictions. Developer-funded street extensions may occur based upon specific development proposals (e.g., in the currently underdeveloped northwest portion of the City). Planned expansions (see next item and recommendations for a listing) will accommodate needs for safe and convenient operating conditions on the existing collector and arterial street system. Planned Improvements: The FDOT Five-Year Plan includes the following improvements: ~~~°r^I Nip~~nio~i /I IC i \ frnm cni i+~T~~t~~o~ior~~rJ 7~ /nlnnninn i.~TiiZ7T7anrl fnr CV ~ /~Q• ~c+ nn nnmm~ nrl fi inrlinn fnr nnnc++n in+inn\ g-~ ~v , t~}G~s~T~cvm-rrrr~~c~vrcvrrJCrcrccrvrrr ~~~;r~n,rmrr c+ni ~Ly-rtTF~.rL~L~L~71tt~CtYFn~cn rrl _ nrl rl LJ(l\/ Innnc+ /frnm Q Innnc+ i (1 lonnc \ oncJ rnocJ~nio~c rnnnnc+n in+inn /i incJnr nnnc+n in+inn\ 9 ~~_~~frnmrr~ Rni il~~~ `~~~ _ nrlrl~'L'J(1\/ Innnc+ /frnm G.' Innnc+ ~onnc\ oncJ rnocJ~nio~c rc~~~~++~nn /n~Jmac~~etFtiTCC fnr~QQ/ The Palm Beach County Five-Year Plan includes the following improvements: $ nn~r....,, T..,a ~.,.,,, .v,,. .. ~.~, r~.,, r..,~... .,, n.i..,,.~,. n,,,.,,..,. _ .,,~,~ o i..,,,.~ ~.,.,,, n i..,,,.~ L~^}~~~n~cnrrl frnm (~nnnr~~~~nn~+n~~- _ nrlrl 7 Innnc+ frnm it Innnc+ e +n ~ lonnc /nnnc+n in+inn cnhncJi ilncJ fnr RV 7(1 (1 (1/(li \ Natural Disaster Evacuation: Planning for evacuation is accomplished under the auspices of the Palm Beach County Division of Emergency Management. A coordinated program exists between that agency and the City, based on the Hurricane Evacuation portion of the Palm Beach County Comprehensive Emergency Management Plan. In Delray Beach, all of the barrier island would be evacuated in a category 1 hurricane, together with mobile home parks. In the case of more intense hurricane categories, the TR-6 evacuation area would be expanded as stated in the City of Delray Beach Comprehensive Emergency nn°~°+innc~ (~i iirl° Management Plan. ^ Evacuation routes can accommodate the population of the Coastal High Hazard Area with an evacuation time of 7-10 hours. ^ There are no constraints to evacuation other than localized street flooding along evacuation routes and backlog traffic on I-95 and the Florida Turnpike, the regional evacuation routes. ^ No significant changes in these conditions would be created through development allowed by the Future Land Use Map. It is noted the City is approaching build out and most development is infill or development on relatively small vacant tracts of land. Growth Trends and Travel Patterns: Growth trends in the City, and the accompanying travel patterns, are expected to follow the patterns established through the Future Land Use Map (PLUM). The roadway network to service this growth is already in place, with sufficient rights-of-way to accommodate anticipated expansions. Growth through much of the City will take the form of infill development and redevelopment in the east anmd along the Congress Avenue corridor, and development of the remaining vacant parcels in the west. Identified roadway improvements to provide additional vehicle capacity will accommodate this projected growth on the existing network. Investment by other transportation agencies provides expanded opportunities for intermodal transportation. These include the expanded and improved Palm Tran fleet and network, and the Tri- Rail and Amtrak stations. Intermodal facilities are compatible with projected growth, as illustrated in the PLUM. It is expected that the western suburbs (outside the City) will continue to grow to meet the demand for new single family housing. In the west, growth will be accommodated through roadway improvements providing additional vehicle capacity. However, the rate of growth is expected to slow in the next five to ten years, as the availability of vacant land and roadway capacity are reduced. '~~ in~rtEe~+i"n ~~° nrno+nrJ +hrni inh i' T~[7'Q[7'VL7~G +~~n j "C~n J+~ninr~~~~ r~~~n~~~~l i ~n~h~cnmm~ mnrn rJncirohln fnr fi i+i irn nrn~ni+h ~''~ ~ ~ N~''~ In the east, the downtown area continues to increase in popularity. The City has made a conscious effort to direct growth to the east, through significant public investment in infrastructure, and through planning strategies such as the establishment of the Transportation Concurrency Exception Area (TCEA) and redevelopment plans. Such strategies as the TCEA emphasize compact, mixed use development which internalizes trips. Many trips between uses become pedestrian rather than vehicular trips. High availability of alternate transportation modes reduce automobile dependency. In the TR-7 east, land uses are planned to maximize the existing roadway facilities and utilize alternate transportation modes. Compatibility Between Future Land Use and Transportation: Delray Beach is a mature City, approaching build-out. As discussed above, remaining development will be consistent with the patterns established in the Future Land Use Map. Planned roadway improvements and the requirements of the City's concurrency management system, will assure the availability of roadway capacity to serve development through build-out. Intermodal Facilities: In the past, opportunities for intermodal transportation in Delray Beach have been severely limited. New facilities, either planned or recently completed, promise to relieve much of the perceived deficiency. The expansion of the Palm Tran route system has been in place only since late 1996. This expansion has provided additional bus routes to serve the City, including downtown. Reductions in headways on existing routes is a policy direction in the City's TCEA. The City's TCEA also contains policies requiring the development of a local shuttle to help increase capacities on vital corridors in the downtown. An additional HOV lane in each direction on I-95 is under construction (1997) from the south City limit to Linton Boulevard, with the segment from Linton Boulevard north to the City limits scheduled for construction in FY 99/00. Apark-and-ride lot has been constructed just outside the City limits at the Congress Avenue and I-95 interchange which is served by Palm Tran routes 2 and 26. This park-and-ride lot is currently underutilized (30% occupied) during the AM peak hour and it is anticipated the site has sufficient capacity for growth over the next 5 to 7 years. Improvements to the Tri-Rail system, including future proposals for additional trains and double-tracking will result in improved commuter rail service. The City, through policies related to the TCEA, plans to expand in-town shuttle availability, and bicycle and pedestrian facilities. These improvements, both programmed and planned, should continue to expand intermodal opportunities to meet growing demand. However, continual monitoring of ridership demand, system programming and budgeting by transit entities is required, along with active involvement by the City to assure fulfillment of transportation needs. Projected Levels of Service and System Needs: Level of service and system needs for the year 2000 will be partially accommodated through planned improvements. After programmed improvements as contained within the FDOT and County's Five Year Roadway Plans (Table T-8) the following roadways are anticipated to be over capacity in the year 2000 (see Tables T-6 and T-7): ^ I-95 -Linton Boulevard north to the City limits (facility will continue to be over capacity after improvements through 2000). ^ Federal Highway - SE 10th Street south to Lindell Boulevard (scheduled for improvement in 2010 in the 2015 Cost Feasibility Plan). TR-8 hnvn hnnn i inc+i innnc+c+fi it +n rln+n\ n ^ ~t~ nni in _ I_ ~~ ~' /~~i +~n~Tnrl fnr imnrn~i~ ~~~ 7(l~ n r T ' ~ r i r ~~7(li ~ ( nc+ D°^ ;h;l;+~i Dlon hn~ni~or rnorJ~nio~i ic~ ~G~Tn~Trt~Tj r n I o n~~~n~J+r ~~~~~~~+i n~ ~ ^ Linton Boulevard - I-95 to SW 10th Avenue (not programmed through 2015 and has physical right-of-way constraints). As the City looks further out to the Year ~ 2025 additional County and FDOT roadway improvements are needed to maintain acceptable levels of service. The projected level of service deficiencies, prior to improvements outlined in the 2015 Cost Feasibility Plan prepared by the MPO (Metropolitan Planning Organization), are noted in Map #20. The ~~ 2025 Cost Feasibility Plan improvements are noted in Map #21 and Table T-9 and include the following: ^ ~t~n~n ~~m ~niirJon~rnm it lonnc to ~ lonnc frnm I_Q~ +n C~niin+nn ~~m. rc rr cTCVC-vrrcr ~.a--~~'v~--r~.T~~~vvrrrcrn~-T-cv~ ^ Swinton Ave. widening from 2 lanes to 4 lanes from Atlantic Ave. to Lake Ida Road. ^ ~Irn IrJo DnorJ ~niirJoninn frnm 7 lonnc +n~~ frn~iiTt-~r~i~~{.~s /~~mni in nnrl C~niin+nn /~vnni in +n Cnrlnrnl Llinh~nin~i r-cv , ^ Federal Highway widening from 4 lanes to 6 lanes from the C-15 canal to SE 10th Street. Some of the above improvements are inconsistent with the needs and desires of the City. These include; ^ Road widening improvements that run counter to redevelopment planning and intermodal transportation initiatives (widening of Swinton Avenue, Atlantic Avenue, and Lake Ida Road from Swinton Avenue to Federal Highway). ^ Road widening improvements that are needed earlier than planned to serve existing development and eastern infill development (segments of Federal Highway ohn IrJo DnorJ frnm ~Aili+or~i Troil +n ('nnnrncc ~~ml. With the improvements noted in the 2015 Cost Feasibility Plan the following LOS deficiencies will persist: ^ Atlantic Avenue between Congress Avenue and I-95 (County facility for which no improvement or funding has been identified). TR-9 ^ Atlantic Avenue between Swinton and Federal Highway (the roadway is in the TCEA area which is exempt from traffic concurrency and widening is inconsistent with downtown plans). ^ Linton Boulevard between Congress Avenue and SW 10th Avenue (This section is currently developed to its full right-of-way width). ^ Dixie Highway from Lindell north to Linton Boulevard (no funding or improvement is shown on the 2015 Cost Feasibility Plan). ^ I-95 -Linton Boulevard north to the City limits (will continue to exceed LOS D when constructed to full 10 lane section in 2010) Land Uses and Programs to Promote and Support Public Transportation: Continued support of transit providers, including Tri-Rail, Palm Tran and Amtrak is required in order to enhance and maintain a viable public transit system. In addition, implementation of planning strategies which promote compact, sustainable development will provide the ridership necessary to sustain public transit in the City. These strategies are expressed in policies such as those related to the TCEA and redevelopment planning, and design considerations for new development. NEEDS AND RECOMMENDATIONS Based upon the analysis provided above, the fact that each of the streets which require improvement to meet acceptable level of service are under the jurisdiction of other agencies, and that the City is essentially at build-out, the Year 2000 and 2015 deficiencies are created by traffic from outside the Planning Area. Therefore, the City will request the following modification to the FDOT standards, as appropriate, as they apply to issuance of development orders in the City of Delray Beach: ^ I-95 to maintain at "E" and "F" as a backlogged condition TR - 10 The City will request modification of the MPO ~ Cost Feasibility Plan to remove: ~,~A/~Qpyyjy~~Ln Irln Qnnrl frnm C~niin /\vnn~~~yTpd~~nin~i frnm 7 Innnc+ m +~``~''~~ ~~~~~~~~~ `"'~~ T(~C/\ ~nih inh ic+ nvnmr~+ frnm nnnnl lrrnnn~i pia \A/irl f /\ n innl In frnm I_~~ ~ /\vn frnm it Innnc+ +n G2 Innnc+ ^ vrrcr~t~arrtfE~lr ~ t$h-T-c~o-~rrv~~ cv-v~a~cT Thn rnorJ~nio~i is in }h/~ T(' ~ orno ~nihi is mm~+ frnm +roffin nnn/~~ ~rrnnn~i onrJ T1 1TrClTl.i~l/~G-C~PVTfTGTITJ G7\GTTr7L1TDlTrCT'QTT7~GVTTriQTrGTf .i~TTCf !Y n[`In h7+Inh ^ Widening of Swinton Avenue from Atlantic Avenue north to NE 4th Street from 2 lanes to 4 lanes. This segment was maintenance responsibility transferred to control with respect future widening. reduced in right of way width and the the City in 1991 to give the City greater The roadway has been designated a constrained facility and is located within the TCEA and therefore exempt from traffic concurrency. The City will request modification of the MPO 2015 Cost Feasibility Plan to move the following improvements forward to an earlier date: ^ Federal Highway (US 1) from Linton Boulevard south to the City limits -add 2 lanes, from 4 lanes to 6 lanes. This improvement is planned in 2010 while the projected need based upon historic growth is the year 2000. It is noted that the traffic model utilized in the development of the 2015 Cost Feasibility Plan projects the need for 2010. The growth rate should be monitored to insure the improvement is in place when needed. +n~t,~,`- Trnil _ nrl rl 7 Innnc+ frn m 7 Innnc+ to it Innnc+ Thin imnrnvnm Innnnrl ~~~}~-~~- fnr ~nn~ ~nihiln , ~~+t~ T ~~~~rs~rrr~vvcrrr prarrrrcct ~~orJ I lr~nn hic~-in nrn~ni~s nn~ni /i QQ7\ fnr -- -- - rslr crr`~ R~ r~T +~ Q~c +n (~nn ^ r°7 nr~~~~nn crpvrrr~~ ~9'vPP ~vvv ~r`r~~~ IVr ccr l In nnrl ~innr ~nnn fnr Rnr~nii +~ Qnnrl +n ~Aili+nr~i Trnil [v-vvr +--I I `~- QCe~t h ~~t~}G s r~r~.. ~+r o f f ic- m ~ ~ - . , +~~~ cc[r ~-rvucr+cv,~,vmr~r~cc~n~--rrc[rr ~ i n ~Za~ r~ m o n r-Q~ ' -vo- ° ~cr c + r r r ~ t C Ili ccl~ r i r n ~,~.,~F},~.., +~, ,, ~, ~ r- ~ tith crr tttl: ~tl~. - c . i c nrl fnr i ~ G2 fnr Rnr~nn,,I' Qnnrl nn /\vnnl In - -- ~ ~ r onrJ 7nn~ fnr Ror~niin ht Ct.7 ttFl h RnorJ +n ~A rvr~~ v~vrvurvv rG~1~[vucr .~TCPCrrcrc ca ili+or~i Troil The City will further request modification of the MPO Cost Feasibility Plan to add the following improvements to the plan: ^ Atlantic Avenue between Congress Avenue and I-95 -This improvement may include additional laneage and/or intersection improvements. TR - 11 ^ Dixie Highway from Lindell north to Linton Boulevard -Based on the 2015 Cost Feasibility Plan this roadway should be improved from 2 lanes to 4 lanes. The projected need for this improvement is the year 2005. DEFINITIONS This section of the Transportation Element contains definitions of traffic terms relating to the contents of this element. It is not a Rule 9J-5, F.A.C. requirement, but is included in the plan for the purpose of clarifying technical traffic terminology appearing in this Element and elsewhere in this Plan. TRANSPORTATION CONCURRENCY EXCEPTION AREA - A specific geographic area delineated in the local government comprehensive plan for downtown revitalization within the designated central business district pursuant to Section 163.3164(25) F.S. A proposed development located in the designated exception area shall not be subject to the requirements of rule 9J-5.0055(3)(c)1-4. DOWNTOWN REVITALIZATION -The physical and economic renewal of a central business district of a community as designated by local government, and includes both downtown development and redevelopment. TRANSPORTATION DEMAND MANAGEMENT (TDM) -Strategies and techniques that can be used to increase the efficiency of the transportation system. Transportation Demand Management focuses on ways of influencing the amount of and demand for transportation by encouraging alternatives to the single occupant automobile and by altering local peak hour travel demand. These strategies and techniques may, among others, include: ride sharing programs, flexible work hours, telecommuting, shuttle services, and parking management. TR - 12 ~ .~r ~~.~..:;. SEAN TR - 13 N H Z CW G W a Z Q Z ~_ U LL N N Q J U Y H W Z W W H N r H W J m zW W J ~ p W p 7 W _ v a O W ~~ ~ _ ~~ ~ _ ~a~W W ~ ~ o0 ~ ~ 00 ~ ~ ~ Z ~ ~ r CO ~ N ~ N CO CO J~ J O O O O p= Z U ' Z U Z (` ) (`~ N N ~ ~ ~ ~ W ~ ~ ~ ~ p ~ O O ~ O O ~ o a ~ o ~ ~ o ~ ~ o o `~ `~ o 0 H Q ~ ~ ~ ~ H ~ r 7 O O 7 O O r ~ r T ~ N N J~ Z U Z U ~ ~ ~ ~ ~ O p O p ~ ~ ~ ~ Z ~ ~ ~ I ~ ~ U a~ a~ a~ a~ a~ a~ a~ ~ ~ ~ ~ U N U U U U U U U U U z ~ ~ ~ o o ~ ~ ' ' ' ' ' ' Q ~ ~ ~ ~ ~ ~ a~ a~ U Q Q o o Q Q ~ Q Q Q Q ~ ~ Q Q U U ~ ~ N O O O O a • a • ~ ~ • • U U U U Q ~ ~ ~ ~ C C ~ ~ C C J ~ ~ ~ ~ U ~ >, ° w `~ ~ w T J U ~ U ~ cn Q a> fn o ~ ~ 0 O ~ ~ rn > ~ ~ ~ ~ _ ~ m - ¢ ~~ ~ E > ~?, z ° g ~ ~ 3Q J J ~ N U i ~ - ~ ~ > > ~~ -a o ~ s ~ ~ Q Q = ~ ~_ ~_ ~_ U > m ~ ~ X > > i, ~ p ~ ~ (~ ~ ~ ~ ~ ~ N ~ (~ O ~ -O }, ~ ~ ~ ~ W " J J J ~~ W E = W a _ _ _ (~ m J~ (~ ~ m J ~ ~ (~ Z LL U U U W ~ ~ ~ ~ Q ~ O N Z ~ ~ = O ~ O ~ Q C m > W ~ a~ 'O '_' > (a U Q (~ ~ N~ LL ~ Q ~ O H N U N r L - C Q i (S5 ~ (~ ~ ~ r ~ ~ ~ Q Q U ~ N H Z W W a Z Q Z ~_ U LL N N Q J U Y O W Z H w W H N r W J m zW W J ~ p W p ~ _ ~ U a~ ~ w w ~ N Q ~ O~= Z ~ N ~ N N N N ~ N a J ~ Z J W ~ Qo m ~ Q T N O O O O O O O O J _ p ~ Z O U ~ ~ ~ ~ ~ ~ p o o U o U U U U U N U U U z O U ~ 0 0 0 0 0 0 0 0 0 Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a i a i a i a i a i a i a i a i a i ~ ~ U U U U U U U U U a J U Q ~ a~ ~ o ~ ~ ~ ~ ~ LL Q ~ ~ J N w ~ ~ ~ C3 (n (~ ~ Z (n ° ° o ° ' Z o o~ ° ~ a~ ' ~ ~ ' o ~ a r ~ ~ a ~ a ~ ~_ E ~ °' ~ ~ ~ °~ a~i a~i > a~i Q ~ ~ U~ ~ O j m~ ~ U~ ' ~ j m N m U E ' ~ ~ ~ C J ~ ~ ~ ~ C C WWW ~ J N ~ ~ LLI ~O ~ '_' ~ (~ ~ '~ 70 ~ O ~ o (~ _ > >= LL (gym JU (~ Q(~ (gym JU Jr QU N 7 W a> ~2 Q Z ~ ~ 'a N ~ LLJ a~ ~ W ~ a i ~ ~ ~ a' Z (n o >_ ~ Q ~ 'a D ~ N m = p ~ N (S5 U U O N ~ U E ~ ~ W ' ca J D (~ (~ Z U ~ m N H Z CW G W a 0 z Q Z ~_ U LL N N Q J U Y O W Z H w W H N r H W J m zW W J ~ p W p 0 = ~ U aN w w a ~w O ~ = Z ~ ~ N N N N N N ~ N _ p ~ ~ J Z J w~ Qo m ~~a ~ ~ o 0 0 0 0 0 0 0 ~ ~ r r ~ J _ p ~ Z O U ~ ~ U ~ ~ p U U U U U U U N U U z O U o 0 0 0 0 0 0 0 0 0 U U U U U U U U U U ~ N N N N N N N N N N ~ U U U U U U U U U U a J U ~ ~ s o ~ ~ 0 ~ > ~ ~ Q a~ o o a ~ ~ = o a~ - co m ~ ~ H U ~~ a~co ~ ~~ o 00 0 >~ o O ~ ~ ~ j ~ ~ LL1 °' ~ °' ~ > Q ~ ~ ~ Q ca U > ~ ~ J •~ Q > Q Z ~ ~ ~ ~ J ~ ~ ~ ~ ~ O Q H ~ ~ ~ p m N (~ p m Q C p >, N N 7 O 5 N 7 C "O +~ - (~ "O - "O - Q C ~ ~ ~ ~~_ ,~~ - ~ > ~ O~ ~ N~ N N N ~ iA O O ~_ . 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O = LLI O Q LLI Q LLI ._ = ~ = LLI ~ = LLI O ~ O N (LS (~ N ~~ Z ~~ (~ N (LS r (LS Z r (LS U m N~ ~N O ~ ~- O ~ ~~ ~ ~ ~~ ~ ~ U N N ~ > N ? ~ N > ~ N+_~ ~ ~ O ~ O ULL UH • (~_ • (~_ U)LL ZLL CI)LL JJ OU W ~ 2 Q ~ ~ ~ N ~ ~ (~ ~ Z ~ "~ N ~ ~ N ~ ~ ~ (LS ~ 7 m -0 "a m 7 N W ~ 0 N ~ N N ~ ~ Q .~ ~ ~ 0 0 (~ (~ ~ > > ~ >_ ~ N N U O r r ~ Z (~ ~ N (~ W O ~ W W ~ ~ W W ca ~ N (~ J Z (~ C3 Z (~ m (~ N N H Z W W a 0 z Q Z ~_ Q U LL N N Q J U Y O W Z H w W H N r H W J m Q zW W J ~ p W p ~ _ ~ U a~ ~ w W a=W ~n r2 O~ 2 N N a Z J ~ J N W ~ Qom ~~a ~~~ o 0 0 J _ p ~ Z O H U >, >, _ p N U U U z O a `~ U ~ J ~ J ° U ~ (n U a J U H ~_ J ~ ~ ~ ~ W ~ ~ ~ U Q Z U O ~ ~ W ~ ~ W ~ ~ ~ ~ ~ a> a> a> a> a> a> N ~ ~ ~ a> a> ~ ~ a> a> ~ ~ a> ~ _ O~ _ O~ _ O Table T-2 PALM BEACH COUNTY ANNUAL AVERAGE DAILY SERVICE VOLUMES ~I) FACI LI'hl' 1~9AUN1C1~9 UAILI' Sh:ll~'ICU VOLCI~9US LOS A ~'-~ LOS B ~'-~ LOS C LOS U (3) LOS E 21anes undivided - - 9,900 14,900 16,200 31anes two-way - - 10,400 15,600 17,000 21anes one-way - - 13,700 19,500 20,600 31anes one-way - - 21,300 29,300 31,000 41anes undivided - - 17,200 24,400 25,700 41anes divided - - 22,900 32,500 34,300 S lanes divided (two-way) - - 22,900 32,500 34,300 61anes divided - - 35,500 48,900 51,700 81anes divided - - 44,700 60,100 63,400 41anes expressway 21,200 34,300 51,500 66,200 81,700 61anes expressway 32,600 52,700 79,000 101,600 125,400 81anes expressway 44,500 71,800 107,800 138,600 171,100 10 lanes expressway 55,600 89,800 134,700 173,200 213,800 (1) Source: FDOT 1998 LOS Manual, Table 5-4, Class II. (2) Cannot be achieved for roadway facilities other than expressways. (3) Palm Beach County Level of Service Standard is LOS "D". TR - 19 Table T-3 PEAK SEASON PEAK HOUR PEAK DIRECTION SERVICE VOLUMES (I) TWO-WAY ARTERIALS AND COLLECTORS UNSIGNALIZED r ~cn.rr~ ~t~~ult~l 1>t:~l: ntxli unit:c~rlo~ ~l. st;li~act: ~1>l.l~n~a l.t>s :~ l.l>s is l.l>s c l.l>s 11 iil l.l>s t: 2 lanes undivided 460 720 980 1,280 1,710 4 lanes undivided 830 1,390 1,940 2,330 2,770 4 lanes divided 1,110 1,850 2,590 3,110 3,700 6 lanes divided 1,670 2,780 3,890 4,660 5,550 CLASS I -INTERRUPTED FLOW - (>0.00 to 1.99 Signals per Mile) r.un.rrv ~l,~~nlnl 1>t: ~~: nlx li nnit:c~rll>~ ~l. staract: ~ol.l~n~a l.l>s ~ i21 l.l>s is l.l>s c l.l>5 11 i31 l.l>s 1[ 2 lanes undivided - 570 820 880 880 2 lanes one-way - 1,490 2,100 2,220 2,220 3 lanes two-way - 600 860 920 920 3 lanes one-way - 2,270 3,170 3,340 3,340 4 lanes undivided - 930 1,310 1,390 1,390 4 lanes divided/ 5 lanes - 1,240 1,750 1,850 1,850 6 lanes divided - 1,890 2,640 2,780 2,780 8 lanes divided - 2,390 3,240 3,400 3,400 CLASS II- INTERRUPTED FLOW - (2.00 to 4.50 Signals per Mile) (4) roc n.rr~ ~t~~r~n~l rt:,~r. nolai onit:c~rll>~ v. stai~rct: ~ 1>l.t ~n~a l.l>s ~ iii l.l>s is i~l l.l>s c l.l>s 11 li> l.l>s t: 2 lanes undivided - - 520 790 850 2 lanes one-way - - 1,452 2,050 2,170 3 lanes two-way - - 550 830 890 3 lanes one-way - - 2,256 3,100 3,280 4 lanes undivided/ - - 910 1,280 1,360 4 lanes divided/ 5 lanes - - 1,210 1,710 1,810 6 lanes divided - - 1,880 2,580 2,730 8 lanes divided - - 2,360 3,180 3,350 (1) Source: Plorida's Level of Service Standards and Guidelines Manual for Planning, 1998 (2) Cannot be achieved. (3) Palm Beach County and PDOT Level of Service Standards are LOS "D". (4) Class II utilized for greater than 4.50 signals per mile also per Palm Beach County Standards. (Revised by Amendment 00-1] TR-20 Table T-3 (font' d) PEAK SEASON PEAK HOUR PEAK DIRECTION SERVICE VOLUMES (I) FREEWAYS GROUP 1 L \SF:S ~i ~~i~n~i i>i~:nr. notii imii~:c~rio~ ~i. si~az~ici~: ~oi.t~na L(K \ L(>ti IS L(>ti C L(K I) l3) L(>ti I~: 4 1,060 1,720 2,570 3,310 4,090 6 1,630 2,630 3,950 5,080 6,270 8 2,220 5,390 5,390 6,930 8,550 10 2,780 4,490 6,730 8,660 10,690 (1) Source: Plorida's Level of Service Standards and Guidelines Manual for Planning, 1998. (2) Cannot be achieved. (3) Palm Beach County and PDOT Level of Service Standards are LOS "D" PALM BEACH COUNTY TWO WAY PEAK HOUR SERVICE VOLUMES FOR TEST ONE LEVEL OF SERVICE (I) FACILI'l'1' NIAXII~9l N1 llA1L1" tih:ll~'ICI/ VOLC 1~7BS LOS A ~'-~ LOS B ~'-~ LOS C LOS ll (3) LOS E 21anes undivided - - 920 1,390 1,500 31anes two-way _ _ 970 1,460 1,580 21anes one-way _ _ 1,280 1,810 1,910 31anes one-way _ _ 1,980 2,730 2,890 41anes undivided - - 1,600 2,270 2,390 41anes divided - - 2,130 3,020 3,190 S lanes divided - - 2,130 3,020 3,190 61anes divided - - 3,300 4,550 4,810 81anes divided - - 4,160 5,590 5,900 41anes expressway 1,900 3,000 4,500 5,800 7,200 61anes expressway 2,900 4,600 7,000 8,900 11,000 81anes expressway 3,900 6,300 9,500 12,200 15,100 10 lanes expressway 4,900 7,900 11,900 15,200 18,800 (1) Source: FDOT 1998 LOS Manual, Table 5-7, Class II. (2) Cannot be achieved for roadway facilities other than expressways. (3) Palm Beach County Level of Service Standard is LOS "D". TR-21 COMPF~EHENS/ VE PLAN DELRA Y BEACH, FLORIDA I SW 23 AVE a 6LD a 6LD_ f , 1DLX cocoNUT ~N C]TY LIMITS _._._., r. .............................. r__ ~ .~.~.~: i..... r~-~~ r~r~; 6LD ~ • e; & II a~~ x 2LU 2LU 2LU 2LU ~ 2LU i r-~ J ~~ ..~ OLD N.T.S. GULFSTR EAM BLVD Q ~, i..y i z ~ 2LU ~ I i 1 iri../' ZLV NE 8 ST ..,..~ ,~.., .~ ~ \2L 1-YYPi 4 L.C3 2LU $Lp °_ ~~~•~~ a NE 1 Sr 2LU ~ 1 4~~ ^ ~ fiLU ~.~..~~~.~ i a 4Ld 4LU ,~~.~ w L3J I sLO ~ sw 2 sT z ' A'RMl11C AVE SR 906) TRI -RAID 2LU 2LU LU SE 1 S f . AMTRAK 1fl1.7C ~ ~ L 1-N1A' 2LU g ~ m * 2L 1-YiA $L~ # °J ~ 2LU 4LU ~ 2LV _ 2LV aw 3L 2LU L9Y16CN eLw {S 1^ S1] $~ 2LU aLO xLU ~ ~, 2LU 4Lp v aLa sLO s ~ ~ $Lv urrroN eLw } i 2LU i 2W 2LU 2LU ~ ~~ 2LU 10Lx .~ r~ ~~I, I-.W.- CARL CITY LIllIT3 ... ~I~r ~~• R~ 2LU BLx ATLANTIC OCEAN TR-22 Table T-4 SIGNALS PER MILE ~I) [:0-AD~V~,Al~ F[:O~~I TO SIGK-ALS PE[: ~IILE~~~ A~~,AI_I~SIS (~I_,ASS~'~ Military Trail Coconut Lane Lake Ida Road Atlantic Avenue Linton Boulevard Lake Ida Road Atlantic Avenue Linton Boulevard South City Limits 1.4 2.7 0.8 3.0 I II I II Barwick Road Coconut Lane Atlantic Avenue 1.1 I Homewood Boulevard Atlantic Avenue Linton Boulevard 0.6 I SW 29'" Street Old Germantown Road Congress Avenue 0.0 Unsig NW 10'" Ave./SW 12th Ave./ SW 14'" Avenue Lake Ida Road Lowson Boulevard 0.0 Unsig Wallace Drive Linton Boulevard SW 10th Avenue 0.0 Unsig SW 10'" Avenue Lowson Boulevard Linton Boulevard 0.0 Unsig Lindell Boulevard Linton Boulevard Pederal Highway (US 1) 1.2 I Carl Bolter Drive Lindell Boulevard South City Limits 0.0 Unsig Brant Drive/Blue Jay Turn Carl Bolter Drive Lindell Boulevard 0.0 Unsig SW 8th Avenue NW 4th Street Lowson Boulevard 0.0 Unsig SW 4th Avenue Lake Ida Road Lowson Boulevard 0.0 Unsig Congress Avenue Ridgewood Road I-95 1.7 1 Seacrest Blvd./NE 2nd Ave. Gulfstream Boulevard Atlantic Avenue 2.3 II Swinton Avenue North City Limits NE 4th Street NE 4th Street Lowson Boulevard 0.5 3.7 I II Old Dixie Highway SE 10th Street South City Limits 09 I Pederal Highway (US 1) Gulfstream Boulevard NE 4th Street Linton Boulevard NE 4th Street Linton Boulevard South City Limits 1.3 3.5 1.4 I II I AlA North City Limits South City Limits 0.6 I NE 8th Street Swinton Avenue AlA 2.7 II Lake Ida Road (NE 4th Street) Hagan Ranch Road Congress Avenue Congress Avenue Pederal Highway (US 1) 1.6 3.3 I II NW/NE 2nd Street NW 12'" Avenue Pederal Highway (US 1) 2.4 II Atlantic Avenue Military Trail I-95 I-95 A]A 2.6 6.5 II II SW/SE 2nd Street SW 12th Avenue Federal Highway (US 1) 1.6 I Lowson Boulevard Military Trail Congress Avenue Congress Avenue Federal Highway (US 1) 0.6 3.1 I II Linton Boulevard Military Trail Congress Avenue Congress Avenue A]A ~~~ 1.7 4.0 I II Old Germantown Road Linton Boulevard Congress Avenue 0.6 I (1) Roadway segments used to determine signals per mile were split based on changing roadway or traffic characteristics. Only links within and through the City of Delray Beach are shown, but longer segment may have been utilized to determine signals per mile. (2) Utilized for determining class for peak season peak hour peak direction level of service standards shown on Exhibit 2. (3) Source: FDOT 1998 LOS Manual. (4) Signal Class II used for this segment per Palm Beach County standards even though signals per mile is greater than 4.5. TR-23 ... ~ ~ ~ . s i.. %' P ~ ~ i ` ~ 'r -"~ --~• - Y w~~M1~ y ~ - - [,ANTIC CEAN TR-24 COMPREHENSIVE PLAN DELRA Y BEACH. FLORIDA ~. 'LANTIC FCEAN SHOWN ON ALL TANDARD IS PERK noun ulrcecNUww. GAILY TRAFFIC DATA IS SHOWN FOR IIiF9R1~W~T[ON Pl1RPO5E5 ONLY ON STATE ROADS. TR-25 SOURCE: 4YE5T PALM BEACH URBAN STUBY AREA TRAFFIC CGUNT PROGRAM. COMPREHENSIVE PLAN DELRA Y BEACH, FLORIDA LANTIC iCEAN TR-26 Table T-5 2006 Intersection Accident Data(' tl~aAvdf-95 35 24.1 1.5 i6 9 'sdoa HivdIHFi3itary Tieil SD 26.8 3.0 4 3 tl~aAvdMiBl~yTr®3 93 29.7 3.1 3 2 8 8 8T (Cseo~e Butt ffivd}lif~i 9 8. i l.i 23 29 tl~aAvel[]3-1 {N& 5st: Ara} 16 9.1 1.8 i2 17 tlseticAvelCong~nesAve 1[13 28.5 3.6 2 1 Linton Blvd/I-95 55 25.6 2.1 6 4 Atlantic Ave/Swinton Ave 20 12.6 1.6 14 15 Linton Blvd/U S-1 (NE 5th Ave) 37 17.6 2.1 7 7 Linton Blvd/Congress Ave 48 24.1 2.0 8 5 Lake Ida Rd (NE 4th ST)/US-1(NE 5th Ave) 18 8.2 2.2 5 16 Linton Blvd/Homewood Blvd 21 13.1 1.6 13 14 NE 2 ST/US-1 (NE 5th Ave) 28 6.4 4.4 1 10 Aflantic Ave/Barwick Rd 25 18.8 1.3 17 11 Lake Ida Rd (NE 4th ST)/Congress Ave 38 20.2 1.9 10 6 Barwick Rd/Lake Ida Rd 12 10.1 1.2 20 22 Homewood Blvd/Lowson Blvd 11 6.1 1.8 11 25 Military Tr/Lowson Blvd 6 8.8 0.7 32 37 US-1(SR 5/NE 5th Ave)/Lindell Blvd 11 12.9 0.9 27 25 Atlnatic Ave/Cumberland Dr 12 11.9 1.0 24 22 Aflantic Ave/SW 1st Ave 10 12.6 0.8 30 28 Atlantic Ave/SW 10th Ave 9 14.8 0.6 33 29 Atlantic Ave/SW 12th Ave 16 16.2 1.0 25 17 Atlantic Ave/ Whatley Rd 23 14.9 1.5 15 13 Military Tr/Lake Front Blvd 16 17.0 0.9 26 17 Linton Blvd/Old Germantown Rd 16 13.4 1.2 19 17 Linton Blvd/Sims Rd 11 9.6 1.2 22 25 Linton Blvd/SW 10th Ave 24 19.3 1.2 18 12 Linton Blvd/SW 4th Ave 13 17.2 0.8 31 21 Linton Blvd/SW 8th Ave 12 14.7 0.8 28 22 Swinton Ave/SW 10th ST 7 6.1 1.2 21 34 Military Tr/Lake Ida Rd 37 19.1 1.9 9 7 Swinton Ave/Lake Ida Rd 9 11.3 0.8 29 29 Table Notes: (1) Source: Traffic Records Section, Palm Beach County Traffic Engineering. (2) MEV =Million Entering VeMcles (3) Calculated by dividing number of crashes occurring by MEV. TR-27 Table T-6 Future (2010) Annual Average Daily Traffic Conditions itary'Ikail Cocaemt Lu Laka Ida Rd a.n Comfy 4oS~ a9,zoo n Lake Ida Rd Atlantic Ave 6i.t1 Comfy 49,530 49,~DD E Atlantic Are Li~vn $lvd ~ D Cpmty 49,515 49,200 $ Liato~n Blvd South CS Lirtaite 6L.I] 543 49 A Ave Nwffi City Iimim Lake Ida Rd 6LZ7 Comfy 34,638 49,200 C Lake Ida Rd Atlantic Are 6LD Comfy 35,412 49,200 C Adamio Ave Linton Blvd 6Ll] Comfy 32,864 49,200 C Linton Blvd South CS I.imite 6LD 3 8fi4 49 C I-95 ~ WoolbrightRd Atlantic Ave lOLX State 165,281 176,900 D Atlantic Ave Linton Blvd lOLX State 165,281 176,900 D Linton Blvd Congress Ave SLX State 179,605 144,300 F SeacrestBlvd GulfstreamBlvd NE8ST 2L County/City 7,498 15,400 C NE 8 ST Lake Ida. Rd 2L City 7,862 15,400 C Swinton Ave NE 8 ST Lake Ida Rd 2L City 10,257 15,400 C Lake Ida Rd Atlantic Ave 2L City 13,515 15,400 D Atlantic Ave SE 10 ST 2L Ciry 12,706 15,400 D Old Dixie Hwy SE 10 ST Lindell Blvd 2L County 9,880 15,400 C Federal Hwy (US-1) Gulfstream Blvd NE 8 ST 4LD State 15,965 32,700 C NE 8 ST Lake Ida Rd 3L 1-wav State 15,965 29,500 D Lake Ida Rd NE 8 ST 3L 1-wau State 15,018 29,500 D Lake Ida Rd Atlantic Ave 3L 1-wav State 15,842 29,500 D Atlantic Ave Lake Ida Rd 3L 1-way State 17,856 29,500 D Atlantic Ave SE 10 S'T 3L 1-way State 15,619 29,500 D SE 10 ST Atlantic Ave 3L 1-way State 16,438 29,500 D SE 10 ST Linton Blvd 4LD State 35,002 32,700 F Linton Blvd Lindell Blvd 4LD State 40,912 32,700 F A-1-A North City Limits NE 8 ST 2L State 11,620 15,400 D NE R ST Atlantic Ave 2L State 12,032 15,400 D Atlantic Ave Linton Blvd 2L State 13,614 15,400 D 1\1E R ST/George Bush Blvd Federal Hwy ([JS-1) A-1-A 2L Ciry 8,442 15,400 C Lake Ida Rd Militan' Trail Barwick Rd 4LD County 22,129 32,700 C Barwick Rd Congress Ave 4LD County 32,188 32,700 D Congress Ave Swinton Ave 4LD County 21,509 32,700 C Swinton Ave FederaLHwv(US-1) 3L County 21,509 16,170 F Atlantic Ave Military Trail Congress Ave 6LD State 44,315 49,200 D Congress Ave I-95 6LD State 4Q641 49,200 D I-95 Swinton Ave 4LD State 37,015 32,700 F Swinton Ave Federal Hwy (US-1) 2L City 13,284 15,400 D Federal Hwy (US-1) A-1-A 4L State 17,453 24,500 D Lowson Blvd Nfilitary Trail Federal Hwv (US-1) 4L City 23,703 24,500 D Linton Blvd tai Sims Rd Military Trail 6LD County 30,362 49,200 C Nfilitary Trail Congress Ave 6LD County 39,282 49,200 C Congress Ave I-95 6LD County 52,611 49,200 F I-95 S W 10 Ave 6LD County 67,121 49,200 F SW 10 Ave Federal Hwy (US-1) 6LD County 41,267 49,200 D Federal Hwy (US-1) A-1-A 6LD County 20,554 49,200 C 1\~W 8 Ave (SW 8 Ave) NW 4 ST Atlantic Ave 2L City 3,341 15,400 C Atlantic Ave Lowson Blvd 2L City 3,341 15,400 C 1VW 4 Ave (SW 4 Ave) Lake Ida Rd Atlantic Ave 2L City 1,769 15,400 B Atlantic Ave Lowson Blvd 2L Ciry 5,898 15,400 C SW 10 Ave Lowson Blvd Linton Blvd 2L City 10,134 15,400 C Homewood Blvd Atlantic Ave Linton Blvd 4LD City 4,702 32,700 C Lindell Blvd SW 10 Ave Carl Bolter Dr 2L Ciry 9,642 15,400 C Carl Bolter Dr Federal Hwv (US-1) 2L Ciry 6,893 15,400 C Carl Bolter Dr Tandell Blvd South City Limits 2L City 4,208 15,400 C Table Notes: (1) Source: Florida Department of Transportation (FOOT) Levels of Service (LOS) Standards Manual, 2002. (2) 'Total volume from 2005 and annual growth. (3) Data from FOOT Traffic Information 2004 CD. (4) Tanton Blvd from Sims Rd to 1Vfilitary Trail is in the planning area not in the city. TR-28 Table T-7 Future (2010) Peak Hour Peak Season Directional Traffic Conditions Trail CacomttLn Lake Ida Rd Qx] 1.4 Cauny 2,305 2,790 B akeIda Rd Atlantic Ave 6LD 2.7 Camty 2,609 2,570 B ' Are LintonBlvd 6ID D.8 Camty 2,513 2,790 C intanBlyd Su~hC' Limit ~.D 3.D 2,SD8 2,570 D AVC mth[x[.y Limits Lake Ida Ad 6LD 2.1 CWLrliy 1,739 2,570 B aka Ida R,d Atlantic Ave 6I D 2.1 Canty 1,713 2,570 B ' Arc LadwiBlvd 61D 2.1 Canty 1,788 2,570 B intanBlvd Such C' Limim 61 D 2.1 1,788 2,570 B 95 nolbripht Rd Atlantic Ave lO~LY 0.0 Stele ]5,371 4,440 F ' Are LailonBlvd 1DI.K D.D State 15,371 9,440 F Linton Blvd Congress Ave 8LX 0.0 State 16,703 7,480 F Seaerest Blvd Gulfstream Blvd NB 8 ST 2L 2.3 County/City 720 810 D NF, R ST Lake Ida Rd 2I. 2.3 City 71.9 810 D Swinton Ave NE8ST Lake Ida Rd 2L QS City 477 850 C Lake Ida Rd Atlantic Ave 2L 3.7 City 670 810 D Atlantic Ave SE 10 ST 2L 3.7 City 633 810 D LdDixie Hwy SE 10 ST Lindell Blvd 2L 0.9 County 460 860 C ederal Hwy (US-1) Gulfstream Blvd NE 8 ST 4LD 1.3 State 1,651 1,860 C NE 8 ST Lake Ida Rd 3L 1-way 3.5 Stale 1,651 3,080 B Lake Ida Rd NE 8 ST 3L 1-way 3.5 State 1,050 3,080 B Lake Ida Rd Atlantic Ave 3L 1-way 3.5 State 1,187 3,080 B Atlantic Ave Lake Ida Rd 3L1-way 3.5 State 1,760 3,080 B Atlantic Ave SB 10 ST 3L 1-way 3.5 State 1,250 3,080 B SB 10 ST Atlantic Ave 3L 1-way 3.5 State 1,515 3,080 B SE 10 ST Linton Blvd 4LD 3.5 State 1,520 1,710 D Linton Blvd Lindell Blvd 4LD 1.4 State 1,988 1,860 F - -1-A North City Limits NE 8 ST 2L Q6 State 513 850 C NE 8 ST Atlantic Ave 2L Q6 State 536 850 C Atlantic Ave Linton Blvd 2L Q6 State 564 860 C E 8 ST/George Bush Blvd FedemlHwy (US-1} A-1-A 2L 2.7 City 365 810 C aka Ida Rd Military Trail Barwick Rd 4LD 1.3 Cowrtp 990 1,560 B Barwick Rd Congress Ave 4LD 1.3 County 1,134 1,860 B Congress Ave Swinton Ave 4LD L.3 County 1,043 1,860 B Swinton Ave FederalHwy(US-1) 3L ZS County 1,043 905 F tlantic Ave Military Trail Congress Ave 6LD 2.ti State 1,716 2,570 B Congress Ave I-95 6LD 2.6 State 1,491 2,570 B I-95 Swinton Ave 4LD 6.5 State 1,464 ],710 D Swinton Ave Federal Hwy (US-1) 2L 6.5 City 519 810 C FederalHwy(US-lj A-1-A 4LD 6.5 Stale 714 ],710 C owson Blvd I~lilitary Trail Federal Hwy (US-1) AL 3.1 City 1,li3 ],400 B inton Blvd«~ Sims Rd Military Trai] 6LD 0.5 County 1,327 2,790 B Military'Irail Congress Ave 6LD 1.7 County 1,805 2,790 B Congress Ave I-95 6LD 4.0 County 2,369 2,570 D I-95 SW 10 Ave 6LD 4.0 County 3,022 2,570 F SW 10 Ave Federa] Hwy (US-1) 6LD 4.0 County 1,860 2,570 B Federal Hwy (iJS-11 A-1-A 6T.D 4.0 County R96 2,570 R 8 Ave (SW 8 Ave) NW 4 ST Atlantic Ave 2L QO City 311 860 C Atlantic Ave Lowson Blvd 2L QO City 311 860 C 4 Ave (SW 4 Ave) Lake Ida Rd Atlantic Ave 2L 0.0 City 165 860 B Atlantic Ava Lowson Blvd 2L 0.0 City 549 860 C SW 10 Ave Lowson Blvd Linton Blvd 2L 0.0 City 929 860 F omewoodBlvd Atlantic Ave Linton Blvd 4LD 0.6 City 437 ],860 B indell Blvd SW 10 Ave Carl Bolter Dr 2L 12 City 926 860 F Carl Bolter Dr Federa] Hwy (US-1) 2L 1.2 City 662 860 C Carl Bolter Dr Lindell Blvd South City Limits 2L 0 0 City 391 860 C Table Notes: (1) Source: Florida Deparhn ant of Transportation (FDOTI Levels of Service (LOS) Standards M¢nual, 2002. (4) Linton Blvd from Sims Rd to Military Trail is in the planning area not in the city. TR-29 C~~IIPRF~YFNS~ V~ PLA N DfLRA Y BEAChI, FLGRIDA .5. ATLANTIC DCEAN ~ ~~ TR-30 COMP REHENSIVE PLAN DELRA Y BEACH, FLORIDA SW 23 AVE N.T.S. ~ > TOWN OF GULF STREAM ~ ~ i ~ °~ ~ULFSTREAM BLVD c~ r ~ ~ ~ ~ r ~o~oN~T ~N ~; w L__l ~~ _,_,~ r._. _,_,_,_~_~_~_,_,_,_,_,_,_,_, _,- .. _~_,_,_,_,_,_, _,_,_,_, _,_,_,~ -~_~_~J ~ ~ I I _ _ ~ j CITY LIMITS w r 3 ~ 2 I ~ -,_,~ L,_,_, 4 Q _.J ~ 4 J 3 nr2,~ ~ u Ls,~ 3 NE B Sf r ~1 j ~ LNCE IOA RO i i rr ~ TE7INIS pT~' ( L. ~ ~ NE 1ST ~~~.~ -- ,.,_.__._1 Sr DOWNTOWN i i TCEA ~ aEnai N ~ ATLANTIC ATUwne rvEE t=x s0~ TRI-RAI sE s sr C7CEAN ~ ~ ; aa ~ GR CORIFRS i•_~ 1 L m SGl3TH ~C ~7 ~ ~ GOVT. NO115E ~" ~ '~ i i i w e a ~i ~ f Howson aw canor~ss i ~ f AVENUE ~ 1 J MIiCEU ~ 1 IJSE AREA a_ - LAZA AT ~ELRAY uRrrw Ruw - ~ ~~ ] ~ ~~• LINT 1 J [, ~ M ERCWE ~ - ~_ AREA ff E•~.-~~-~..,.,-r ~ ~ ~ __.~ i ~ ~ L._._.~ ~ s a BOLTER OR TOWN OF •--•-•.~ HICHLWO E~JVCH TR-31 COMPREHENSIVE PLAN DELRA Y BEACH, FLORIDA CLAATTIC ~CEAPi TR-32 SOl1RCE PALM BEACH CGIfNTY OOMPRENENSIVE EMERGENCY NAIiAGEMENT PIAN. w N J_ ~ U Z Q W LL ~ ~ ~ O H a OC m a a ~ ~ O w N O ~ w Q ~ ~ ~ N c~ c~ TR-34 CDMPRElYENS1VE KLAN DELRAY BFi4CH, FL014iDA 5YI 23 RYE N.T.S. TOWN aF y auu- sraEnW 5 ~ I r-~ COCONIl~ w ~,~ _ crrr raurrs _J ~ ~ ~ t _,_,2 ~ ! ._,., ,rye ~_'_'_._'_'___,_,.,.,_,.,.,._._,.,.,_.,.,.,~._._ ,., r ~j _ ~ y J!f ,f u E~;a m r , nr~s d NE a sr 4,_ i oats na Ro F 7p _ NE 1 Sf ~ ~ ~~ ~ _ nW z sr ~' L_ ~ ti F ~ ~ •~ TRI-RAIL/ sW 2 sr se ~ sr _ _ S AMTRAK ~ ~ ~, ~ F .,. F ~ ~ ~ ~ r j wwson e~w [s ~o sq ~ I ~ F } urrmN euw ``' ~ ~ .i I a L~.r ~ ~ i w ' E s __., F ~ v ~~ CPRL Cl7'1' LIMf75 OR TOWN OF HIGHUWD BF1idl SOURCE: METROPOlRAN PL4NIVINC ORCANI7ATiDH OF PRLM BEACH OCUHIY, WP6USA 2016 PLRH UPDATE. TR-35 d d 3 d t V r d d Q N O N o N o 0 N 0 N 0 N 0 N ~ ~ ~ ~ U U ~ ~ N N O Z O Z rxi ~ ~ ~ ~ ~ ~l ~F ~ ,~ N c~ ~ O p ~ 0 U '~ ~p Si O 'C ^~ ~. O s~ E-~ 0 -C W ~ ~ ~ o O ~' ~ G~ =O c O O ~ N .. ~ "~ ~ ~ ~ ~ O O ~ O y'rr ~' ~ Z O ~ ~ O (~ O y"~~ ~ r ~ O a~i ~ 3 ~ '~ bQ MM W '~ p ~ ~ '~ p ^r ~ ~ s\.FJ-, O A ~ ~ ~ U in ~ ro 0.. 0 .~ 0 n, F~ by O .~ ~' O U U P- CO C'7 GOALS, OBJECTIVES, AND POLICIES GOALS AREA "A" ACCOMMODATING FUTURE GROWTH Objective A-1 Public Transit Policy A-1.1 Florida High Speed Rail System Policy A-1.2 Tri-Rail and Amtrak Policy A-1.3 Palm Tran Transit System Policy A-1.4 F.E.C. Rail Corridor Objective A-2 Street Improvements & Growth Policy A-2.1 Reduction of Current LOS Deficiencies Policy A-2.2 Dedication of Rights-Of-Way Policy A-2.3 Concurrency Required Policy A-2.4 Concurrency Defined Policy A-2.5 County Traffic Impact Fee Program Objective A-3 Coordination for Transportation Planning Policy A-3.1 Request Modification of MPO Plans Policy A-3.2 North Federal Highway Objective A-4 Ultimate Right-Of-Way Needs Objective A-5 High Accident Areas Policy A-5.1 Inventory Policy A-5.2 Development in High Accident Areas Policy A-5.3 Over-Commercialization Not Allowed Objective A-6 Required Standards/Regulations Policy A-6.1 LDR Design Requirements Policy A-6.2 Modifications Required to Upgrade Access Policy A-6.3 Abandonment Policy Objective A-7 East-West Traffic Flow Policy A-7.1 No Enhancements of A-1-A Policy A-7.2 Lowson Boulevard, Local Function Policy A-7.3 Reduction of Right-Of-Way for Swinton Avenue Policy A-7.4 ICWW Bridge Clearances TR-37 GOAL AREA "B" LOCAL TRAFFIC WAYS Objective B-1 Level of Service Established Objective B-2 Local Travelways Use Policy B-2.1 Correction of Congestion Policy B-2.2 Confusion Reduction Policy B-2.3 Building Identification Objective B-3 Street Beautification Policy B-3.1 Beautification Program Policy B-3.2 Streetscape Maintenance GOAL AREA "C" SAFETY ITEMS Objective C-1 Site Design Policies Policy C-1.1 Limiting Through Traffic in Residential Areas Policy C-1.2 Alternative Travelways Objective C-2 Improve Existing Conditions Policy C-2.1 Street Marking Program Policy C-2.2 Obstructions to be Removed Policy C-2.3 Potholes and Manholes GOAL AREA "D" ALTERNATIVE TRANSPORTATION Objective D-1 Separation of Transportation Modes Policy D-1.1 Sidewalks Required Policy D-1.2 Specific Pathways Policy D-1.3 City Engineer to Annually Review Pedestrian Accidents Objective D-2 Accommodating Bicycles Policy D-2.1 Bicycle Travelways Policy D-2.2 Bicycle Parking Facilities Policy D-2.3 City Engineer to Annually Review Bicycle Accidents TR-38 Objective D-3 Transportation Concurrency Exception Area Policy D-3.1 Transportation Surveys for TDM Activities] Policy D-3.2 Feasibility of Establishing a TCMA Policy D-3.4 Increase Number of Buses on Palm Tran Routes Policy D-3.5 Bicycle Facilities Policy D-3.6 Plan for an In-Town Shuttle System Policy D-3.7 Establishment of an In-Town Shuttle System Policy D-3.9 Deceleration Lanes at I-95/Atlantic Avenue Policy D-3.10 Downtown Sidewalk Network Policy D-3.11 Intermodal Linkages Policy D-3.12 NE/SE 1St Streets Policy D-3.13 US-1 Downtown TR-39 GOAL AREA "A" THE CITY'S TRANSPORTATION SYSTEM SHALL A000M- MODATE FUTURE GROWTH THROUGH IMPROVEMENTS TO ITS STREET SYSTEM, INCLUDING MULTI-MODAL, PEDESTRIAN, BICYCLE AND PUBLIC TRANSPORTATION, AND ALTERNATIVES THERETO DIRECTED TOWARD ENHANCING ACCESSIBILITY, FACILITATING TRAFFIC FLOW THROUGH REAL TIME TRAFFIC MONITORING AND TRAFFIC DEMAND MANAGEMENT INITIATIVES, AND DOING SO IN A CONVENIENT, SAFE, AND EFFICIENT MANNER Objective A-1 Alternatives to use of the automobile through the provision of a safe, convenient and energy efficient integrated multimodal transportation system shall be made available to Delray Beach residents and visitors through the following policies: Policv A-1.1 The City will monitor efforts to establish a high speed rail system in South Florida. If such a system is implemented, the City will work to obtain a route which is convenient to access but which minimizes impacts to residential areas. Policv A-1.2 The City endorses the Tri-Rail Commuter Rail System and the Amtrak passenger rail system, and further supports the continuation of station stops in Delray Beach. Policv A-1.3 The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Policv A-1.4 The City supports the eventual use of the F.E.C. rail corridor for commuter travel with a station, and its potential to link the City's downtown with the downtowns of other eastern cities along the corridor. Policv A-1.5 New residential oroiects over 25 units and nonresidential oroiects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install acity-approved bus shelter on site. If the project is not adjacent to a bus stow. or a bus shelter already exist. a contribution shall be made to the Citv in-lieu of providing the bus shelter on site. Policv A-1.6 Provisions for safe and convenient non-vehicular (e.q. pedestrian and bicycle) acess to mass transit, including Tri-rail and Palm Tran, shall be required for redevelopment projects within the MROC zoning district to support increased residential densities and mixed-use development. Policv A-1.7 The City shall work with the County to emphasize multimodal non- vehicular and public transportation alternatives to the automobile with redevelopment of the Congress Avenue corridor. TR-40 Policv A-1.8 In FY 2008/09, the city shall investigate the feasibility of implementing an impact fee or other system for assessment of new development to fund operation of the downtown roundabout shuttle service. Objective A-2 The traffic circulation system, and improvements thereto, shall be coordinated with new development as depicted on the Future Land Use Map in order to retain the appropriate level of service or otherwise provide for adequate and safe access concurrent with such new development. Implementation of this objective shall be accomplished through the following policies. Policv A-2.1 Development proposals which add over 1 % to the existing volume of any streets within its radius of influence (as defined by the Palm Beach County Traffic Performance Standards), that are currently operating below the acceptable level of service shall not be approved unless contracts have been let for required street improvements. This does not apply to development within the TCEA, which is exempt from traffic concurrency, or Palm Beach County level of service exceptions awarded residential development east of I-95. Policv A-2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of-way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of-Way Identification Map. Policv A-2.3 Concurrent with the issuance of building permits, provisions shall be made for the installation of improvements which are necessary to maintain the adopted level of service. Policv A-2.4 concurrency shall be deemed as being met under any of the following conditions: a) The improvement is in place prior to issuance of an occupancy permit; b) The improvement is bonded for as a part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; c) The improvement is a part of governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Policv A-2.5 The City, through this policy statement, endorses and subscribes to the Palm Beach County "Traffic Impact Fee" program. Objective A-3 The City through its membership in the Metropolitan Planning Organization (M.P.O.~ and Treasure Coast Regional Planning Council ~T.C.R.P.C.~ shall continue to coordinate its traffic and transportation programs with these agencies consistent with TR-41 the Florida Department of Transportation (FDOT~ and Palm Beach County adopted transportation work programs. Policv A-3.1 The City will request appropriate modifications to MPO plans to implement the needs and recommendations identified in this Element. Policv A- 3.2 The City and the CRA shall work with the M.P.O. to encourage the Florida Department of Transportation to reduce the ultimate right-of-way for North Federal Highway, north of George Bush Boulevard, from 120' to 102'. Objective A-4 Ultimate rights-of-way shall be provided per the schedule contained in Table T-1. Setback requirements for new construction along streets shown in Table T-1 shall be measured from the ultimate property line, thus, providing protection of these rights-of- wayfrom building encroachment. Objective A-5 Special attention shall be paid to high pedestrian, bicycling and motor vehicle crash n^;~ areas, and specific alterations n^*~ shall be undertaken to reduce their occurrence. Policv A-5.1 The City Engineer shall annually determine the most significant °^~ crash areas and shall identify methods to mitigate n^^~ crashes at these locations. Those methods shall be given extra weight in the establishment of priorities among street capital improvement projects and/or referred to the responsible jurisdiction for ~n onni iol ragpr+ c}aoll ho morJo +n ('i+~ig r~o~~ hi irJrro+ initiation. n,T"h"'~ ` "~ ~ ~t#c~~ 2r~S ~k}l, Policv A-5.2 Additional development in proximity of high °^~ crash areas shall include in the required traffic report the specific topic of the n^;~ crash area. Such development shall not be approved without a finding that the additional traffic generated by, or directed toward, the new development will not necessarily exacerbate the situation which has led to the high °^;~ crash designation. Development shall not be approved if traffic associated with such development would create a new high °^;~ crash location, or exacerbate an existing situation causing it to become a high n^;~ crash location, without such development taking actions to remedy the °^;~ crash situation. Policv A-5.3 The City shall guard against the over-commercialization of intersections by restricting land uses which are high traffic generators to no more than two adjoining intersection corners. Objective A-6 The City's Land Development Regulations shall continue to provide standards which insure that new development and redevelopment mitigate adverse situations ands provide for functionally safe traffic movements. TR-42 Policv A-6.1 The Land Development Regulations shall maintain consistent standards for, but not limited to, the following: ^ Location and design of driveway access and on-site circulation; ^ Width and location of curb cuts; ^ Width and location of median openings; ^ Radii of curves and criteria for locations where driveways or private streets may intersect on curves; ^ Width and conditions of shoulders; ^ Street lighting standards, particularly at intersections; ^ Traffic impact analysis; ^ Cross-access standards Policv A-6.2 The approval of a modification to an existing site development plan and/or conditional use shall be conditioned upon the upgrading of its points of access to meet adopted standards. Policv A-6.3 Abandonment of right-of-way shall not be granted unless it is conclusively demonstrated that there is not, nor will there be, a need for the use of the right-of-way for any public purpose. Objective A-7 The greatest potential for negative impact to the City's character from the street system deals with the accommodation of east-west traffic flow. In order not to have such an adverse effect occur and yet to provide for efficient traffic flow, the following policies and programs shall be pursued. Policv A-7.1 The City opposes widening or other enhancements of SR A-1-A which would accommodate greater traffic flow since such improvements would encourage the use of A-1-A for inter-area traffic movements and will therefore increase the use of east-west trafficways to access A-1-A. Policv A-7.2 The existing east-west travelway of Lowson Boulevard shall retain its present function of primarily accommodating local traffic (2 lanes); thus, this road shall not extend west of Congress Avenue in the same capacity as it exists east of it (4 lanes). Further, it is not to become an arterial for inter-area traffic nor become burdened with obstacles to the free flow of traffic; thus keeping it available as a viable travelway for the knowledgeable Delray Beach resident. TR-43 Policv A-7.3 The City maintains a policy of supporting only two through travel lanes on Swinton Avenue, between the north City limits and S.W. 10th Street (excluding the segment between S.E. 1st Street and N.E. 1st Street), and that the ultimate right-of-way is sixty feet (60'). Policv A-7.4 The City shall continue its opposition, as expressed in Resolution No. 86- 95, to increases in minimum bridge clearances across the Intracoastal Waterway. The current guidelines call fora 21 foot vertical clearance and 125 foot horizontal clearance. These guidelines will have an adverse impact on residents and business in the vicinity of bridges. Objective A-8 In FY 2008/09, a program shall be developed to support the City character by encouraging street trees for preen linkages. GOAL AREA "B" THE MAINTENANCE AND ENHANCEMENT OF THE CITY'S EXISTING QUALITY OF LIFE SHALL BE COMPLIMENTED BY A CONVENIENT, SAFE AND EFFICIENT STREET SYSTEM WHICH MAINTAINS A_N OPTIMAL LEVEL OF SERVICE. THE SYSTEM SHALL KEEP THE LOCAL TRAFFICWAYS OF DELRAY BEACH ^T n Qc~ nTnic' v UNCONGESTE^..,-DEL; THUS RETAINING ONE OF THE UNIQUE ATTRIBUTES OF THE DELRAY BEACH QUALITY OF LIFE AND PROVIDING A_N ^O-~~ENVIRONMENT WHICH IS SAFE FOR THE DIVERSITY OF -BR~WN& TRAVEL HABITS WHICH ARE EXHIBITED BY DELRAY BEACH RESIDENTS. Objective B-1 The Level of Service (LOS) for the Delray Beach street system is hereby established as "C" for all conditions except for: ^ Streets under State jurisdiction which shall be allowed to function at LOS "D" under any condition pursuant to Exhibit 2, and ^ Streets under County jurisdiction which shall be allowed to function at LOS "D" under any conditions pursuant to the Palm Beach County Traffic Performance Standards, Ordinance 90-40 (Exhibits 1 and 2), and ^ Streets identified as City Collectors or City Arterials on the Functional Classifications Map (Exhibit 5) shall be allowed to function at LOS "D" under any condition pursuant to Exhibits 1 and 2. ^ Streets within the TCEA, which are excepted from traffic concurrency requirements. TR-44 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 determine intersections which have congestion on an as needed basis. An inventory shall be maintained 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 s measures should be considered. Policv B-2.2 In order to reduce confusion in locating properties, during the review of development proposals the Fire Marshal shall review proposed street names, and shall provide recommendations for changes which eliminate duplication and confusion. Duplicative names such as Holt Court, Holt Place, Holt Avenue shall be prohibited. Policv B-2.3 The manner in which structures are identified, including street address numbers, shall be specifically reviewed at the time of issuance of building permits in order to facilitate building identification by the passing motorist. Objective B-3 The accommodation of traffic, accomplished through street widening, shall not detract from the aesthetics of the community and shall be accomplished through an integrated multi-modal transportation system, ~^~t+rr~troffin mnnitnrinrv ".„'c^cr""i-r and traffic demand management initiatives. 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. Objective B-4 By FY 2009/10, the City shall investigate the feasibility of providing acar-free zone. TR-45 GOALS AREA "C" A CONVENIENT SAFE AND EFFICIENT TRANSPORTATION Objective C-1 NETWORK WHICH EMPHASIZES L~€AF€RA-6 SAFETY AND WHICH MEETS THE NEEDS OF RESIDENTS, BOTH YEAR- ROUND AND SEASONAL, SHALL BE CREATED. ITS FOCUS SHALL BE UPON AVOIDING CONGESTION AND ACCOMMODATING cunQT TQ/OC c~ ~r+u n c cQnnn nn~c~c nT~~~NCZnQNnnn Tn CE.Il100/AIl. n non ecQ~n~c n Q~oC ALL FORMS OF TRAVEL THROUGHOUT THE CITY. New development and redevelopment shall be directed to meeting the above goal through the following policies. These policies shall be assessed against projects during review by the approving body The Land Development Regulations shall continue to require the making of findings consistent with this objective as a prerequisite to project approval. Policy C-1.1 Efforts shall be made to limit excessive through-traffic and nonresidential traffic on local roads within residential neighborhoods. Where a problem with such traffic is specifically identified, it should be addressed through the utilization of traffic calming measures, such as roundabouts, medians, and speed humps. Policv C-1.2 Alternative traffic pathways along City collectors shall be enhanced so that residents have an opportunity to reach a destination without competing with traffic on arterial roadways. Objective C-2 Existing ~~*~ conditions which impose obstacles to accommodating this Goal of providing safer bicycle, pedestrian, automobile and public transportation shall be rectified. through the following policies and programs: Policv C-2.1 An enhanced program of street marking and traffic controls shall be maintained in the Streets Division budget. This program will, as its first priority, be directed toward areas where visitors most frequently encounter problems. Policv C-2.2 Power poles and other obstructions shall be removed from travelways as a part of street reconstruction projects. An inventory of such obstructions shall be maintained by the Engineering Division, Policv C-2.3 The City's Street Maintenance Program shall have a specific component which involves the filling of potholes, leveling of pavement at railroad crossings, and leveling of pavement at manholes. These items shall be used in determining the priority of street resurfacing projects which are undertaken on annual basis. TR-46 GOAL AREA "D" ALTERNATIVE (TO THE AUTOMOBILE) TRANSPORTATION OPTIONS SHALL BE CREATED AND ENHANCED, ENCOURAGING SAFETY AND UTILIZATION. ccoc~~n ~ ~ v cnQ Qcr+Q~T~nn~n~~n~n ~ c~c~~QC o~~QOnccc. TTV1T/T TPCLT Objective D-1 Separation of different forms of transportation shall be created .This includes sidewalks for pedestrians, bicycle lanes for bicyclists, and safe roadways for vehicles. Providing for such separation shall be a mandatory criteria of development review. one droll orJrJrncc +hn fnlln~niinn• Policy D-1.1 All new development and redevelopment shall provide for the installation of sidewalks or otherwise accommodate pedestrian traffic so that a pedestrian does not have to use vehicular travelways to access common areas or neighboring properties. Policy D-1.2 The provision of a pedestrian system apart from the street as well as within rights-of-way shall be explored with the review of each development. Specific focus shall be given to access to waterways, to parks, between residential developments, and along access routes to schools including such systems through developments. Policy D-1.3 ~#e Beginning in FY 2010/11, the City Engineer shall annually review pedestrian n^^^~ crashes to establish common patterns and/or locations. The annual listing of pedestrian °^~ crash locations shall be part of the annual report as set forth in the Procedures for Monitoring and Evaluation of the Plan. If applicable, remedial improvements and/or actions should be programmed. Objective D-2 Facilities which accommodate the needs of the handicapped, pedestrians and bicyclists i icn of hinv c oc on of+nrno of nnrcnnol +roncr~nr~t~~ shall be ~c-v~r~r ~~G3-cc~-arrccrrcr,-rcctl~Fe--C~~e~S~p~~vnu~n-rn-r~pvr assessed and required during development review, com~lying with state and national standards. Policy D-2.1 Bicycle traffic shall be accommodated in the design and construction of Collector and Arterial roadways. These improvements are to emphasize safes bicycle movements by including bicycle lanes where there is sufficient right-of-way'^.ry. ' ^ f^^+ . 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. Policy 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. TR-47 Policy D-2.3 ~#e Beginning in FY 2010/11, the City Engineer shall annually review bicycle n^^~ crashes to establish common patterns and/or locations. If applicable, remedial improvements should be programmed. Policy D-2.4 By FY 2009/10, the City shall prepare and adopt a bicycle network plan for the city. Objective D-3 A Transportation Concurrency Exception Area (TCEA) is hereby established for the purpose of downtown revitalization. Within the TCEA, there shall be no traffic concurrency requirements. Transportation and mobility needs within the TCEA shall be met through the implementation of the following policies: Policy D-3.1 In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY 95~~ 09/10. Policy D-3.2 An analysis shall be made by FY 9/83 09/10, based in part upon the above noted surveys, to determine the feasibility and potential efficiency, of the establishment of a Transportation Management Association (TMA). Until such time as a TMA is established, the feasibility shall be reassessed periodically, at least every two years. Policy D-3.3 The City shall coordinate with Palm Tran and the MPO [through the Congestion Management System (CMS)] to increase the number of buses on the Palm Tran routes to reduce headways to 20 minutes in the peak hours, and 45 minutes in the off-peak hours by 2015. Policy D-3.4 The City and CRA shall, on a continuing basis, assess the need to install additional bicycle facilities in the TCEA to accommodate and encourage the use of bicycles as transportation. These could include bike lanes bike racks, bike lockers and other bicycle parking facilities. Policy D-3.5 The City and the CRA shall °"tnhlit+h n nlnn fnr nn continue to monitor the feasibility of the existing in-town shuttle system providing service between Tri-Rail; and the beach with headways of 20-30 minutes. In FY 2008/09, the City shall determine the operational feasibility and grant funding requirements necessary to provide shuttle service to meet and greet all trains at the station. TR-48 D.,i~,.., n_~.~ policv D-3.6 Implementation of the in-town shuttle system described in Policy D-3.~5 shall be coordinated with the MPO through the Congestion Management System (CMS) by the year 2010. D~linv n_4 D Thn ('it oll nnnr,Jino+n ~nii+h ~ ~AD(1 t,~-ni inh ~~('nnnnc+inn r-vrr yr ~hur~cwran-rccc~-wTCr~ ~vrr~ va~gi~ vvrrgc~crorT Minor 7(li (1 +n rnlin~in nnnnnc+inn D.,i~,.., n_~.,n policv D-3.7 The City shall eliminate the missing links in the sidewalk network throughout the TCEA and within one-quarter mile of its boundaries by FY 9/88 09/10. D.,i~,.., n_~.„ policv D-3.8 Intermodal linkages shall be provided between different types of transportation. These could include sidewalks from parking areas to Atlantic Avenue, shuttle and bus stops, and a shuttle from bus stops to shopping areas or parking. D~lin., n_4.17 Tn fon~~~tn~~~~nni i~~~~ mm~n+~n4~ CG i c~+~c~~~ h~ Minor ~nn~ +n ~on~4E CG i c+ C~~~ frnm nnn_~nio~ha +~ ~`~+r ~~'',,.,,``..'' ~-arcv~.rr~ ~ rv ~vrrrvTr~vru ! i-1~-Y~tl- D.,r,.., n_~., ~ policv D-3.9 R„ ~nn~ +hn The City and CRA shall ~h implement a plan for enhancement of the US-1 corridor (NE/SE 5th Avenue and NE/SE 6th Avenue) between NE 4## 8t" Street and SE 4## 10t" Street through beautification and the provision of improved safety, parking and pedestrian circulation. Improvements supported by the traffic circulation test conducted in 2008 shall be constructed in phases between FY 2009/10 and FY 2014/15. Adjacent new development and redevelopment shall be required to contribute toward the costs of these improvements. TR-49 HOUSING ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRAY BEACH BACKGROUND The text of the Element is a summary of the complete inventory, analysis, and recommendations which are contained in the following source documents: ^ Analysis of Current and Future Housing Needs (Reinhold P. Wolff Economic Research, Inc., X9-9-5 2006) ~~rffnrrJohln I-Ini icinn I~I~~j~j~~~~on~h~h~or~~tor f~~f hln I--Ini ic+inn' I Ini~i~t~i of Clnrirln~ i ~~~~ (~nnc+nlirlntnrl /~ntinn Dlnn fnr Cic+ I Vnnr (1n~~97 _ Cnntnmh~9Q /(~i rca--ric EaTrcurvc ~ vc~rcn-ra v~ vrt~ of--~oeli'-~Qe~C~~9~y? } ^ 1996 Evaluation and Appraisal Report (City of Delray Beach, 1996) ^ 2006 Evaluation and Appraisal Report (City of Delray Beach, 2006) The source documents, and other documents which are cited in the Element, are available for public review at the Planning and Zoning Department offices located at 100 N.W. 1 st Avenue, Delray Beach, Florida. HOUSING DATA The following summaries have been prepared to facilitate review with the requirements of the Department of Community Affairs, Administrative Rule 9J-5. As a summary, only significant items are highlighted. The source documents should be referred to for more information. HOUSING INVENTORY AND CHARACTERISTICS This section deals with the characteristics and conditions of the City's existing housing stock in X9-9-5-2005. The primary sources of statistical information on the City's housing are the documents referenced above, as well as the 2000 Census of Population and Housing U.S. Census Bureau. Information was also obtained from the City's HO-1 Building Department for permits that have been issued since 4~8 1996. The exact source used is listed under each table. In X9-9-5 2005, as shown in Table HO-1, there were ~9 34,280 year round housing units in Delray Beach, of which 46.7% were single family, 62-2 51.8% were multi- family (including duplexes, condominiums, and rental apartments), and less than ~ 2% were mobile homes. Table HO-1 also indicates that of the City's ~9A6 29,855 occupied units, 9 20,287 or about ~ 68% were owner occupied, and 69-7 9,568 or ~9 32% were renter occupied. There aye were an additional 61-4 4,425 h~o~~u~si~n~g"" units which ~2 were vacant. ~.~ "~Ean+~~ ohni i+ ~ aQ~c~,y/ f ~v~ ti-Fe h~Tnn orn ~ionon+ fnr i incnnnifinrJ rnocnnc. TABLE HO-1 ESTIMATED CURRENT UTILIZATION CHARACTER OF HOUSING BY TYPE CITY OF DELRAY BEACH ^ °~~ °5 2005 TYPE OF RENTAL UTILIZED OWNER UTILIZED TOTAL HOUSING OCCUPIED VACANT OCCUPIED VACANT OCCUPIED VACANT Single Family (Attached & Detached) ~4 > ~g ~ 6~ ~ ~~ > 4,438 236 10,764 571 15,202 807 Multi-Family (Condominiums) 4~9 642 7~ ~9 °~ ~2 2,357 725 9,157 2,810 11,514 3,535 Multi-Family (Apartments) ~5 X9-5 0 0 ~5 X9-5 2,657 51 2,657 51 Mobile Homes 66 63 4~ 4~ ~ 44 116 13 366 19 482 32 TOTAL ~~ ~44~ 9 ~8 8 ~4 9 568 1 025 20 287 3 400 29 855 4 425 Source: RPW Economic Research, 2006 HO-2 VGAQ RI M T A~~G n111n~Q DGQ(`GnITArG i ~Q~ nr I n+nr (1 _ ~ Vnnrc+ ~T Q i O/_ i~vn -~vi r ~~ V °-o o ~vcv i Q `20/_ v r ~ ~ ti a ~7(1~~ i G.' _ 7~ Vnnrc+ i~T ~~20 Q ~ i Q~(1 1 Q~Q =- ~ _ '~~ Voorc -- `2 x`27 1 7 1 O/ - rsvv ~vv rcai~ v ~c ~ i-Trv i ~ ~ (1 _ i ~ ~ ~ , ~± ' - 4 -~ca ~ -c~~ i (1 70/_ dti ~ ~ i Qil(1 _ i Qi1Q ilk _ ~~ Voorc 7(1Q 7 ^O/ r~~~v ,~r~~-rccrr~ ~v i ~4~ nr Cnrlinr ~G2 ~ Vnnrc+ - Qi (1 7 QO/_ ~v~ TCai~ ~v T-.--~TiAr~ 7~n ~ nn not HO-3 TABLE HO-2 AGE CHARACTER OF HOUSING CITY OF DELRAY BEACH 2005 Age Of Number Percentage Year Built Housing Of Units Of Housing 1999 Or Later 0 - 5 3,402 9.9% 1995 To 1998 6 - 10 2,219 6.5% 1990 To 1994 11 - 15 1,934 5.6% 1980 To 1989 16 - 25 9,130 26.7% 1970 To 1979 26 - 35 10,462 30.5% 1960 To 1969 36 - 45 3,075 9.0% 1950 To 1959 46 - 55 2,473 7.2% 1940 To 1949 56 - 65 888 2.6% 1939 Or Earlier 66 + 697 2.0% TOTALS 34,280 100.0% Source: Reinhold P. Wolff Economic Research. Inc.. 2006 Median Age = 27.0 Years As Table HO-2 indicates, as of 2005; the median age of the housing units in the City of Delray Beach is 4$9 27.0 years. About ~h 11.8% of the housing in the City is 46 or more years old and t.~.Y~C 20.8% is 36 or more years old. About t~-~-~`o 16.4% of the housing in the City was built in the past 10 years. HO-4 nnnnlTUi v Q~nIT ~ ~ ~~Qr~nlTnn~ ~ ~c+c+ Thnn ~~nn ~T A i O/_ ~`n~~ ~n~ ~ ~o% $3n~-=o°Q ~v ~ aoi ~~ nvv--~~ ~Q ~ ~o% ~5n~° ~~ ~~° % - o ~~nn _ Ana ~o~~ ~ a~~ ~o ~~ poi ~7~v~ aa ~T i a 40% J ~i nnn , ~~ S2 ao/ Tr1~oC ~~ o HO-5 TABLE HO-3 ESTIMATED DISTRIBUTION OF MONTHL Y RENTS CITY OF DELRAY BEACH 2005 Rent Range Number Of Units Percentage Of Units Less Than $300 519 4.9% $ 300 - 399 106 1.0% 400 - 499 21 0.2% 500 - 599 318 3.0% 600 - 799 2,384 22.5% 800 - 999 2,203 20.8% 1,000 - 1,249 2,881 27.2% 1,250 - 1,499 1,218 11.5% 1,500 + 943 8.9% TOTALS 10,593 100.0% Source: RPW Economic Research, Inc., 2006 Median Rent = $976 The estimated median rent in the City of Delray Beach ;~ was $976 in 2005. The figures above include those for all types of housing occupied on a rental basis, including single family homes, apartments, and condominiums. T"° ~°+° °f .n^~°°~° .n nr°o+° o cirrnifinon+ innr°oc° in +h° m°rJion r°n+ in +h° nnminrr ~i°orc HO-6 i i i~ Q n ni ~~ 1~-AA-~-€~ 9~-l~-AI~T~ ~~ Q r~ ni T n ~~ 9~-l~-AI~T~ ~~~ Thnn ~~n nnn ~T n ~o% n n~~~~~ ~ ~c i no/ ~ , ~n nnn _ ~a~aa wa ^ io% ~ ~ n~~ a~~~ ~o n ~T ~ i i o/ ~ ~n nnn as aaa ~ 4 ~i 4 1 7 40% ~ v~ v v~.r~ ~T..~~ ~Q ~~~rv ~i nn nnn _ i na aaa it 741 74 40% ~ ~ ~~ r-vT Qi ~n nnn _ i as aaa 7 n71 ' 1 n 70% ~ ~ c ~ v rT ~7nn nnn _ 7ila aaa i nay ~ ilo% ~F > > ~vsv Q~~n nnn _ aaa aaa ~~ ~ aoi > > ~ 7 7 it i -c~ r~T 1 4~ o% Tr1~-v~vC ~ AAai-lion 1/oL~ _ dii4 ~iS2 -rcru - ~ HO-7 TABLE HO-4 ESTIMATED DISTRIBUTION OF OWNERSHIP HOUSING BY VALUE RANGES CITY OF DELRAY BEACH 2005 Value Range Number Of Units Percentage Of Units Under $ 80,000 1,942 8.2% $ 80,000 - 99,999 1,919 8.1% $100,000 - 149,999 3,766 15.9% $150,000 - 199,999 2,369 10.0% $200,000 - 249,999 900 3.8% $250,000 - 299,999 971 4.1% $300,000 - 399,999 3,980 16.8% $400,000 - 499,999 2,961 12.5% $500,000 - 749,999 2,771 11.7% $750,000 + 2,108 8.9% TOTALS 23,687 100.0% Source: RPW Economic Research, Inc., 2006 Median Value = $298,303 From 1980 to 1990, the median value of ownership housing in the City increased by about 5% per year rising from $61,990 in 1980 to $113,518 in 1995. From 1995 to 2005. the median value of ownershio housina more than doubled to 262% of 1995 values. ~} In 2005, about 5~,~ 16.3% of the ownership housing in the City +s was valued at under $6989 100 000 while ~h 49.9% +s was valued at $~9~999 300 000 or more. HO-8 DCD/'`CnITn!'_C nC 4.Inl ICC_ All InARGQ nG In.l('nnAG QnAIrG 4.Inl IlC DnVIAIr_ 2no/ nD nAnDC L.In11CG1-Inl IlC DnV1Alr rr~-v-v~vrc-rrr~c ~, !`GCCI\/G !`nCTC I occ Thon Qi n nnn ~i n nnn _ i o 000 > > ~`n~nnn _ ~n ~ooo ~p ~o% ~~ ~o% ~~o 1 7 70% 7 Q o% I ~~ I 7~~ 70/ I I f TABLE HO-5 OWNERSHIP HOUSEHOLDS PAYING EXCESSIVE HOUSING COSTS BY INCOME RANGE CITY OF DELRAY BEACH 2005 % Of Owner Households Number Of Ownership Paving 30% Or More Households Paving Household Income Range Income For Housing Costs Excessive Costs Less Than $ 10,000 89.6% 538 $ 10,000 - 19,999 65.8% 1146 $ 20,000 - 34,999 48.9% 1331 $ 35,000 - 49,999 32.8% 1004 $ 50,000 - 74,999 16.0% 695 $ 75,000 - 99,999 8.4% 235 $100,000 - 149,999 8.7% 221 $150,000 + 3.3% 73 TOTALS 26.2% 5243 Source: RPW Economic Research, Inc., 2006 HO-9 DCD/'`CnlTnr_C nC 4.Inl ICC_ All InARGQ nG InJ~`nMG QnnlrG 4.Inl r'1C DnVlnl!_ Ono/ nD nAnDC L.In11CG1-Inl IlC DnVlnlr rr~-v-v~vr~~rr~c Inl/'`nnAC CnD DCnIT €~,(~GCCI\/G Q`N~ITTo I occ Thon Qi n nnn ~i n nnn _ i o 000 > > ~~n nnn _ ~n o00 ~~ > ~o~ nnn _ n o ooo ~ ~ nn nn nn Stn 70% ~~°~ 4S2 ~o% in~n ~~~ppo~~% t't-V-7`C ~~ i 17'2 ~~o nnD7 i~ I ~~ I iI ~ /10% I ~~ I TABLE HO-6 RENTER HOUSEHOLDS PAYING EXCESSIVE RENTS BY INCOME RANGE CITY OF DELRAY BEACH 2005 Household Income Range % Of Renter Households Paving 30% Or More Income For Rent Number Of Renter Households Paving Excessive Rents Less Than $ 10,000 85.7% 874 $ 10,000 - 19,999 80.6% 1003 $ 20,000 - 34,999 68.7% 1248 $ 35,000 - 49,999 28.0% 343 $ 50,000 - 74,999 6.4% 104 $ 75,000 - 99,999 5.0% 43 $100,000 + 0.0% 0 TOTALS 40.4% 3615 Source: RPW Economic Research, Inc., 2006 HO-10 COMPARISON OF CITY CHARACTERISTICS WITH PALM BEACH COUNTY* * (includes incorporated and unincorporated areas) TABLE HO-7 PERCENTAGE OF HOUSING OWNER OCCUPIED VERSUS RENTER OCCUPIED COUNTY -CITY ~5 2005 % OF CHANGE IN HOUSING AREA OWNER RENTER RENTER OCCUPIED OCCUPIED OCCUPIED ~n~Q 1995 - 2005 Palm Beach County 2-~ ~h ~-~-~4h 76.1 % 23.9% - 4.0% City of Delray Beach ~,~ ~8-3°,~ +5~,~ 69.1 % 30.9% + 0.6% Source: RPW Economic Research, Inc., 2006 In the past two decade1 Delray Beach has shown a trend toward providing e a higher percentage of rental housing than Palm Beach County as a whole. From 4~~ 1995 to X9-99 2005, statistics show that the percentage of renter occupied units in the Delray E` increased ~,~ by 0.6% while the County ~r^`a decreased by i~ 4.0%, further increasing this disparity.~t#e~m~oclr°~-~-a;~~e^ates t+lirvh}hi mnr^ r^n}nl hni ic+inrv /4(1 40/_\ }hnn }h^ /~ni in},~ /7Q QO/_\ TABLE HO-8 PERCENTAGE OF HOUSING BY TYPE COUNTY -CITY 2005 AREA SINGLE FAMILY ATTACHED/ DETACHED DUPLEX (2 UNITS) MULTI-FAMILY (3+ UNITS) MOBILE HOMES OTHER Palm Beach County 4~,~ ~,~ 43~,~ 4~ 4$,~ 55.2% 3.1 % 38.0% 3.6% 0.1 City of Delray Beach 4~-8°h ~-9°h 4~h 4$h 4$h 46.7% 3.0% 48.8% 1.2% 0.3% Source: RPW Economic Research, Inc., 2006 HO-11 Table HO-8 indicates that in X9-9-5 2005, Palm Beach County had a significantly higher percentage of single family units ,^~ 55.2% than Delray Beach {4~-8°/n} 46.7% . Delray Beach accommodates a higher percentage of multi-family units {~4.8:~/a} 48.8% than the County which hash . 38.0%. The County has a larger share of mobile home units with 4.-8°h 3.6% compared to Delray which has ~h 1.2% of housing stock. The percentage of duplex units in both the City and the County are nearly the same at about 3%. TABLE HO-9 PERCENTAGE OF MULTI-FAMILY RENTAL UNITS COUNTY -CITY 2005 AREA PERCENTAGE OF UNITS Palm Beach Count 6~h 6.4% Cit of Delta Beach 7~h 7.9% Source: RPW Economic Research, Inc., 2006 TABLE HO-10 VALUE OF OWNER OCCUPIED UNITS COUNTY -CITY 2005 ~4R€A kJ-N-B-€Fi $68;A~A $68~AA~~ a-A8;A8A $a-AB;AA~ --2A8;A8A 8V€F~ $~A8;A89 ~A€B1Af4 E 5$h 3~h 42$% ~ ~-2 $-~4 o , 5~h ~4h ~ % 2-2~h 5-~ . , Area Under 150 000 150 000- 249 999 250 000- 499 999 Over 500 000 Median Value Palm Beach County 32.9% 14.1% 22.2% 30.8% 311292 City Of Delta B~ 32.2% 13.8% 33.4% 20.6% $298,303 Source: RPW Economic Research, Inc. In Delray Beach ~,~ 46% of owner occupied units are valued at under 250 000 which is comparable to the County at ~h 47.0%. While Delray Beach has a HO-12 larger share of housing valued between $250,000 and 499,999 than the County with ~4h 33.4% compared to ~h 22.2%, the County has more housing valued i~r , ~~ ~~, -~~~~ ~~~ rnnn^ at over $500,000 with ~. % 30.8% compared to the city's h 20.6%. ~el~°-~~r~~';;g„/+'„ m^r° "^„~ir,^ „r,i+~ „~'„°~I on_.P.~~~e~~+h 77 S2 o% ~~~h~Ke~asrtr"nn~Ttz~`C INVENTORY OF HOUSING CONDITIONS AND SPECIAL HOUSING TYPES TABLE HO-11 NUMBER OF SUBSTANDARD UNITS ~'~ (2000) CATEGORIES NUMBER OF UNITS % OF UNITS Total Housin Units ~~ 31,659 100.0% Lack of Com lete Plumbin ~ 175 8-3°,~ 0.6% Lack of Complete Kitchen Facilities ~9 180 no-2°~ 0.6% Lack of ~ Heatin ~ 578 i~ 1.8% Overcrowded* 4~5 1,672 4~ 6.2% Source: ~8 2000 U.S. Census *NOTE: Defined as any unit having 1.01 or more persons per room (occupied units). TABLE HO-12 INVENTORY OF RENTER-OCCUPIED HOUSING PROGRAMS CURRENTLY USING FEDERAL, STATE, OR LOCAL SUBSIDIES HOUSING DEVELOPMENT SUBSIDY PROGRAM # OF UNITS Lake Delray Apartments 700 Lindell Boulevard Moderate Rehabilitation Program 403 ('`nninr Cn+n+nn T7(lvcvrl-~ Tnrrn +~ D~ ~hlin Lln~ ~nir-,n Drnnrnm n(~(~ ~l7 Auburn Trace Apartments 625 Auburn Circle Urban Devt. Action Grant 256 Groves of Delray 1301 S.W. 10th Avenue SAIL Program 158 r;+,,,",~ Cnn+inn Q ('nr+ifin~+no 4(17 I I+ili~ni-1 Citywide Section 8 Vouchers ~5 1105 Utilized TOTAL SUBSIDIES AVAILABLE ~4 1,922 Source: Delray Beach Community Improvement Department HO-13 TABLE HO-13 INVENTORY OF GROUP HOMES LICENSED BY THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES* NAME & ADDRESS TYPE MAXIMUM OCCUPANCY nn' 48-~~4t~Pe+~.+e A~ 4~ AVDA Abused S ouse 25 United Cerebral Palsy 640 S.W. 20th Court Ph sicall Handica ed 6 Sipporta House 202 Palm Court Mentall Handica ed 8 Reyna Group Home Group Home 5 515 Enfield Rd Ashley Place, Inc. Group Home 6 3815 NW 10t" Street * RULE 9J-5 defines `group home" as a facility which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents. Adult Congregate Living Facilities comparable in size to group homes are included in this definition. It does not include rooming or boarding homes, clubs, fraternities, sororities, monasteries or convents, hotels, residential treatment facilities, nursing homes, emergency shelters, or large-scale ALFs. TABLE HO-14 INVENTORY OF MOBILE HOME PARKS LICENSED BY THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES CAPACITY NAME AND ADDRESS RV's MOBILE HOMES ~rrn~ni ~Anhiln I--Imm~ Cc+~t~~ nn^^ ~h Del Raton Trailer Park 3008 South Federal Hi hwa 36 24 noires" Tr~~ior ~~rU 8 `~6 Floranda Mobile Home Park 1206 South Federal Hi hwa 4 88 Source: Department of Health and Rehabilitative Services HO-14 TABLE HO-15 INVENTORY OF SIGNIFICANT HISTORIC HOUSING NUMBER TYPE OF LISTINGS OF PROPERTIES Florida Master Site File 1,347 National Register of Historic Places 5 Local Register of Historic Places/Sites Individual) 30 Local Register of Historic Places/Historic Districts 5 With the exception of the Seaboard Airline Railroad Station (National and Local Register status, located north of Atlantic Avenue along the CSX railroad) and the Sundy Feed Store (Local Register, relocated to Palm Beach County's Morikami Park just west of the City limits), all of the City's historic resources are concentrated in the area bounded by Interstate Highway 95 on the west; the Atlantic Ocean on the east; N.E. 20th Street to the north and S.E. 10th Street to the south. AMOUNT OF HOUSING CONSTRUCTION ACTIVITY AFFECTING CHANGES IN THE NUMBER OF UNITS SINCE THE ~99A 2000 CENSUS Since the X9-99 2000 decennial United States Census, approximately ~~ 2,956 housing units have been permitted, ~A4 310 units have been removed, and 4~ 25 units have been converted from single family dwellings to non-residential uses. With respect to mobile home placements, t#c~a~ two of the four mobile home parks licensed by HRS ~^` hoc n„+ nhonrrorJ have been eliminated. In 1992, the City annexed Highland Trailer Park containing 162 lots, which is not licensed by HRS. Shortly after that annexation, the City approved three additional lots within the park. HO-15 HOUSING ANALYSIS TABLE HO-16 PROJECTED HOUSEHOLDS BY INCOME RANGE INCOME LEVEL 2000 2005 % of Total* Ver Low 5906 6226 23.8 Low 3999 4226 16.2 Moderate 4870 5127 19.7 >Moderate 9967 10794 40.3 TOTAL 24742 26373 100.0 Source: AHNA, Shimberg Center for DCA *Percentage held constant throughout the forecast period According to the data provided by the Department of Community Affairs (DCA), there will be almost 3,367 additional households (over 1995 figures) in the City by the year 2005. This projection differs from the City's own analysis, which forecasts that there would be a growth of 2,203 households, for a total of approximately 25,209 by 2005. The DCA figures are used above because they are projected in terms of income ranges. However, the City's overall forecast is felt to be more accurate because it took into account the diminishing supply of available land for housing. In addition, there are many parcels of land throughout the City that are developing at densities that are significantly lower than that which is permitted under the present land use classifications. This will ultimately result in fewer units being built, which will further reduce the rate of household growth. HO-16 TABLE HO-17 FORECAST NEED FOR ADDITIONAL HOUSING BYTYPE/CHARACTER UNIT TYPE 1995-2000* 2000-2005 TOTAL Sin le Famil ** 747 304 1051 Multi-famil 412 740 1152 TOTAL 1159 1044 2203 Source: RPW Economic Research, Inc. *Excludes 272 units under construction at the time of the study **Includes detached, attached, and mobile homes TABLE HO-18 FORECAST NEED FOR ADDITIONAL HOUSING BY TENURE CATEGORY 1995-2000* 2000-2005 TOTAL Owner Occu ied 430 269 699 Renter Occu ied 729 775 1504 TOTAL 1159 1044 2203 Source: RPW Economic Research, Inc. *Excludes 272 units under construction at the time of the study Some of the projected household growth will occupy existing vacant or seasonal units which will become available for year round occupancy. Additionally, there were 272 units under construction at the time of the study which were deducted from the total number of units needed in the 1995-2000 period. The tables above illustrate the remaining supply of new units which are needed to accommodate the projected growth in households through the year 2005. The greatest need identified in the years 1995 through 2000 is for single family homes, which is forecast at 747 units. An additional 304 single family homes are projected to be needed in the period between 2000 - 2005. Projects under construction or which have recently been approved are well on the way to meeting that need (See Table HO-20). HO-17 At the time that the study was completed, it was estimated that an additional 1,504 rental housing units would be needed through the year 2005. Again, the majority of that need (approximately 1,416 units) is being addressed through projects that have been completed in the past year, are currently under construction, or are in the approval process. Thus, the City is ahead in terms of meeting the study's projected need for the provision of additional renter-occupied housing. TABLE HO-19 FORECAST NEED FOR AFFORDABLE HOUSING UNITS CUMULATIVE SURPLUS/DEFICIT BY INCOME CATEGORY n~n-ni~Q_n~~i i~i~n i innTC Q~niT~Q_nrri i~i~n i innTc ,n.i~nnn~ i ~v~i X9$5 AAA ~A&5 X9$5 AAA ~A$5 ~2 -2~9~ -X4.41- ~~ ~4 ~39~ ~ 24-~s} 2~s ~~ mss} ~ ~ ~e ~ ~E~} ~~ ~ ~ ~~ Th~nR+n in Tnhln LJ(l_i Tj fr~n,Tmr~~ I~~ffnrrlnhln LJni ic+inrv Alnnrlc+ /~ nnhic+ic+ r~rn~iirlnrl h~i ~InrirJo flnnor+mnn+ of ('nmmi ini+~i ~ffoirc. Thn ni imhorc orn mi ilo+i~in +hrni inhni i+ Trvrra~vcpurm-r ry~-crrarrs rrrc-rrumpcra-ur~~lrrrarcc +~.,~ }~,..,. n n nni in+ fnr nnv c+i iht+irlint+ +h n+ nrn h n t'F'Fl.~lY7"1~~7c r,~7o~J E'-AaoF2~~ E u~n~rcv crr'~~r-rn-c~ G~Fi'~g offnrrJohili+~i none oc rJncnrihnrJ in +hn fnlln~niinn rJicni iccinn The table indicates that the greatest need is in the provision of owner-occupied housing for Very Low Income residents. It is noted that the analysis looks strictly at household income levels and the price range of housing in the City, and projects that need into the future. It does not account for situations in which a household with a relatively low income (such as Social Security) has paid off its mortgage, or has used the proceeds of a previous sale to purchase a house that is more expensive than what their income would otherwise support. Nor does it consider situations in which a household has a very low mortgage payment relative to the value of their home because they have occupied the house for such a long period of time. Given Delray Beach's substantial HO-18 elderly population (46% of all households), many of whom are retired, it is safe to assume that a significant percentage of the housing need indicated in the above table reflects those types of situations. Thus, they appear to have an affordability gap where one does not actually exist. In terms of rental housing, again, the highest numbers are in the Very Low income categories. However, when factoring in the subsidies that are available (more than 450 Section 8 certificates and vouchers, plus subsidized housing projects) the deficit is significantly reduced. The numbers indicate that there is actually a surplus of affordable units in the Low and Moderate income categories. In terms of a needs analysis for rural and farmworker housing which is required by Administrative Rule 9J-5, Delray Beach is an urbanized community and there are no special needs for migrant/agricultural housing within the City limits. AVAILABILITY OF LAND TO MEET THE HOUSING NEED While the number of large vacant tracts of land remaining in the City is quite limited, there is sufficient land and redevelopment opportunities available to accommodate the future population. There are approximately 21 vacant tracts which could potentially be used for residential development (see Map #3). Under their existing Future Land Use Map (PLUM) designations these parcels could accommodate a maximum of 3,453 housing units (see Table 20). As previously noted, several of the parcels have already received development approvals at densities that are below the maximum PLUM designation, and it is likely that the ultimate density of many of the remaining parcels will be similarly reduced. However, there are still sufficient parcels remaining at sufficient potential densities to meet the projected demand of 2,203 units through 2005, and 2,854 units through 2010. ADEQUACY OF THE HOUSING DELIVERY SYSTEM There are no known problems with the present housing delivery system. The City has experienced a boom in new development and redevelopment in recent years, and it appears that the trend will continue, at least in the near future. In the past five years plans have been processed for virtually all of the remaining residentially-zoned parcels, including several that were recently annexed into the City limits. Many of those projects have been developed or are currently under construction. The City has worked with the development community to achieve the goals of the Housing Element, particularly with regard to the provision of a variety of housing types to meet the needs of its diverse population. For example, in the years since adoption of the 1989 plan, Phases II and III of the Sabal Lakes single family subdivision were approved (total of 245 moderately priced units); several moderate and upscale apartment projects have been completed (approximately 880 units); the Groves of Delray project provided 158 rental units for low and moderate income senior citizens; the Auburn Trace rental community was completed, providing 256 affordable housing HO-19 HO-20 C~JVIPF#EI-~EIIrS~ VE PL~4111 DELRA Y BEACH, ~LQRIDA c~ rr of BDCA RATf]IV TbWN bF GULF STRERM N P~~fN~l~lt Rf51DfN~l~4t l11V~~5 1 HAP #3 I MILE I AGGREGATE PARCELS OF LAND, WHICH ARE VACANT bR UNDERDEVELOPED, 5 ACRES 6R GREATER IN 512E, AND HAVE A F.L.U.M. bE5[GNATION bF LOW DENSITY, MEDIUM DENSITY, GRAPHIC SCALE TRANSITIONAL, 1~15fED USE, OR RURAL RESIDENTIAL cmr of oELRAr aEACH, FlARIDA LEGEND: PLANNING de IDNING DEPARTIAENT ID LETTER: r~ PUWNIhIG AREA ~ ~ ~ ~ ~ CfiY LIIAffS -•_._._,_._._._,_„ ( A ] IAARCFi 2008 {ULT1AlATE CITY BOUNDARY] ` / HO-21 I nnl~~ rII~T DlIT~CnITTITn=I ~B# n~clr_nlnTlnnl ~ ~ ~ ~ (1\A/ I'1CnICITV r^~IT~V~ i n~ Fig ~ (1\A/ I'1CnICITV Q_i,--~--.--~--o~ yr ~~ ~-43 ~#6 A ~-A4 nn~nii inn n~nic iTV r^~ r~~ ~~ ~ nn~nii inn n~nic iTV ~B ~2 ink ~ nn~nii inn n~nic iTV Q~~ ~~ ink ~~ ~~ ~4 TQnnICITI(lnln l ,~ ~~ ~~ TQnnICITI(lnln l ~ ~~ ~4 ~~ ~~ DQC\/I(ll IC nD DQ(1\/nl ~B ~~ ~~ DQC\/I(ll IC nD DQ(1\/nl ~ ~g ~~ ~„4~ DQC\/I(ll IC nD DQ(1\/nl ~g ~4 ~~ ~~ DQC\/I(ll IC nD DQ(1\/nl ~g ~ ~~ ~~ DQC\/I(ll IC nD DQ(1\/nl DQC\/I(ll IC nD DQ(1\/nl ~ i ~8 i /1-.--vrz-vv 1 IAIITC ~ 7 Arc f HO-22 TABLE HO-20 POTENTIAL RESIDENTIAL UNITS May 2008 1~1A~11~11!~I LANU USG CUKKGN'1' PO'1'GN'1'lAL ~~IAP lU# UGSIGNAI'ION %ON1NG ACKES UNl'1'S A MEDIUM DENSITY RM-8 3.18 25 B MEDIUM DENSITY COUNTY 4.94 59 C MEDIUM DENSITY COUNTY 4.67 56 M MEDIUM DENSITY RM 7_1 127 SUBTOTALS 19.89 267 D TRANSITIONAL A 2.43 29 F TRANSITIONAL A & POC 4_6 55 L TRANSITIONAL SAD 1_0 18 SUBTOTALS 8.03 I02 H CONGRESS AVENUE MIXED-USE MROC 6.5 260 J CONGRESS AVENUE MIXED-USE MROC 8.75 350 K CONGRESS AVENUE MIXED-USE MROC 7.0 280 SUBTOTALS 22.25 890 N COMMERCIAL CORE CBD 3.25 97 SUBTOTALS E GENERAL COMMERCIAL GG 4_3 129 O GENERAL COMMERCIAL GC 1_8 21 SUBTOTALS 6_I I50 G PREVIOUS APPROVAL SAD 9.86 116 I PREVIOUS APPROVAL MIC 12.37 296 P PREVIOUS APPROVAL GC 7_8 134 SUBTOTALS 30.03 546 GRAND TOTALS: 89.59 2,052 HO-23 units; the Allamanda Gardens single family home subdivision was completed, providing 36 homes for low/moderate income residents; and several high end townhouse projects have been constructed in the beach area. To enhance the efficiency of the development review and permitting process, the City created a new wing in City hall that provides a "one-stop shop" for Planning, Zoning, Building, Code Enforcement, Community Development, and Occupational Licensing services. In addition to being in close physical proximity, all of the various departments involved in development review are linked to a computerized land management system, which helps to expedite and monitor the permitting process. The City also works closely with the Delray Beach Chamber of Commerce to ensure that any complaints from the development community are satisfactorily addressed, and changes implemented where appropriate. In terms of meeting the future housing need, a number of residential developments have recently been approved or are presently under construction, as described in Table HO-20. The list includes private sector projects that are currently under construction or which have recently received site plan approval. The table indicates that virtually 100% of the supply of moderate income housing through the year 2005 can be accommodated by the private sector. At present there are no private sector projects in process that would help to fulfill the future need for owner-occupied Very Low Income housing, and only a few owner-occupied units that would be affordable for Low Income residents. These needs will have to be addressed primarily through publicly subsidized programs. TABLE HO-21 PRIVATE SECTOR HOUSING SUPPLY NAME OF DEVELOPMENT Number of Units Unit T e Tenure Cost/Rent Income Ran e Barwick Estates 28 SF-D Own $150's--180's >Moderate Ba berr Landin 149 MF Rent $650--900/mo Moderate Coral Trace 282 SF-A Own $120's Moderate Delra Lakes 160 SF-D Own $120's--180's Mod/>Mod Hammock Reserve 273 SF-D Own $150's--200's >Moderate Kokomo Ke 133 SF-A Own $80's--120's Low/Mod La Sedona 66 SF-A Own $110's--120's Moderate Lee's Crossin 57 SF-D Own $130's--180's >Moderate Villa's D'Este 191 MF Rent $900--1200 Moderate Water's Ede 144 MF Rent $650-900/mo Moderate SF-D=Single Family Detached SF-A=Single Family Attached MF=Multiple Family HO-24 CREATION AND PRESERVATION OF AFFORDABLE HOUSING As noted elsewhere in this Element, Delray Beach has a very limited supply of vacant land available for residential development. Most of the remaining vacant tracts are valued at a range that makes their feasibility for development as affordable housing extremely unlikely. Delray Beach is fortunate to have an existing housing supply which accommodates a wide range of income levels, as well as an extensive array of programs to enhance affordability. The City's future efforts to create and maintain an adequate supply of housing for persons of Very Low, Low, and Moderate income levels will concentrate primarily on the construction of new owner-occupied homes on available vacant lots, and the rehabilitation and preservation of existing affordable housing. There appears to be an adequate supply of rental housing and rent subsidies to meet the projected need, therefore, the City does not intend to subsidize the creation of additional rental housing. It will, however, consider the establishment of programs aimed at the preservation of the existing rental housing stock. The City's Community Improvement Department continually strives to create and implement new housing programs, working with various nonprofit groups and community development corporations, and aggressively pursuing all available sources of funding. In addition to the federal funding available through the Community Development Block Grant (CDBG), the City has applied for and received federal funding through the HOME and HOPE 3 programs, as well as dollars provided through the State Housing Initiative Partnership (SHIP). The City leverages its funds by forming and participating in partnerships with other housing providers. The Delray Beach Renaissance Program, created in 1995, is one such coordinated approach to housing delivery. Participants include the City, the Consortium for Affordable Housing (13 financial institutions), the Community Redevelopment Agency (CRA), the Delray Beach Housing Authority, the Delray Beach Center for Technology, Enterprise, and Development (TED Center), the Delray Beach Community Development Corporation (CDC), and several private builders. Private and public funds are pooled to finance the annual construction of 25 to 30 new homes for Very Low, Low, and Moderate income households. The City also works with the Boca/Delray Habitat for Humanity, donating approximately five (5) vacant lots each year for the construction of affordable owner occupied single family housing. Most of the infill housing that has been constructed to date is located in either the CDBG target area or the CRA area. This is due in part to the fact that most of the remaining affordable vacant lots are located in these areas. The City is currently reviewing its programs in order to expand those housing opportunities citywide, through an increased effort to provide subsidies for the purchase of existing housing outside of the target areas. The following table summarizes the available housing programs for owner-occupied units (see Table HO-12 for renter occupied projects). HO-25 TABLE HO-22 AFFORDABLE HOUSING PROGRAMS (OWNER OCCUPIED) NAME OF PROGRAM TYPE OF ASSISTANCE AREA AVAILABILITY UNITS PER YR INCOME RANGE* Bootstra Hs .Rehab Cit wide 30 VL, L, M CDBG Rehab Hs .Rehab Tar et Area 10-15 VL, L CDBG Emer enc Hs .Rehab Tar et Area 8-10 VL, L CRA Loan Subsid Hs .Rehab CRA Area 15 No limit Renaissance** New Construction Tar et/CRA 25-30 VL, L, M ~ ~ iii i nn ~~~ *VL=Very Low; L=Low; M=Moderate **Includes HOME and SHIP program dollars In addition to the programs listed above, the City conducts a number of programs and activities that are intended to improve the overall condition and livability of its neighborhoods. Many of these activities are organized through the Neighborhood Association Program, which provides assistance in the creation of neighborhood associations to enhance communication among residents and help them to address problems in their areas. Through the Neighborhood Association Program, more than 100 such associations have been organized to become involved in crime prevention, beautification, recreational programming, community gardening, and other issues that are relevant in their neighborhoods. Other aspects of the Neighborhood Association Program which are intended to stabilize and improve the appearance and condition of the City's neighborhoods include the annual Paint Up Delray program, which provides free exterior paint jobs to approximately 30 low income households each year, the Adopt-A-Tree program (provides free street trees), and the Adopt-A-Street and Anti- Litter programs (litter control). The City's Community Police program has resulted in the establishment of four substations in various neighborhoods, allowing for regular interaction between police officers and residents, who work together to create a safer environment. The City's Planning and Zoning Department and Community Redevelopment Agency coordinate on the preparation of neighborhood plans to implement improvements in streetscape, lighting, traffic and pedestrian circulation, land use, and various other aspects of neighborhood life. HO-26 The City is committed to continuing and enhancing all of these programs in order to improve its neighborhoods, eliminate substandard housing, and enhance the overall value of the housing stock. The degree to which these programs are implemented in the various neighborhoods will depend upon the level of need, which was determined by the City's Housing Task Team in the creation and updating of this Element. Neighborhoods were classified as to their overall appearance and condition of the structures and infrastructure (see Map #22). The programs are to be implemented accordingly, as described in Goal Area "A" of the Goals, Objectives, and Policies. The neighborhood categories and their applicable descriptions are as follows: ^ Stable--No apparent signs of physical or other decline; no improvement needed. ^ Needinq Stabilization--Appearance of minor code violations and maintenance problems; some improvement desired. ^ Needinq Revitalization--Evidence of decline in condition of structures and yards; increase in crime; property values stagnant or declining. ^ Needinq Rehabilitation--Numerous code violations; deteriorated and non- maintained structures; high level of absentee ownership; significant crime problems; large number of vacant lots. ^ Q~rln~i r~rr~~_~~ of hocin i~~~+~-~T~n~atihln miv of IonrJ i icnc; 7"[V~f~i P ~i~.i ni imnrni ic+ c+i ihc+tnnrlnrrl c+tri Intl irnc+ nnrl ~innnnt Intc+ Special needs housing, such as foster homes, group homes, etc., is accommodated through the City's land development regulations. Community residential facilities are permitted per state statutes, and other group housing arrangements such as abused spouse residences, nursing homes, and assisted living facilities are allowed as permitted or conditional uses in the various residential zoning districts, several commercial/office districts, and the Community Facilities (CF) zoning district. Significant historical properties and archaeological sites are protected through the City's Historic Preservation Ordinance. As noted in Table HO-15, there are within the City 1,347 buildings or sites listed in the Florida Master Site File, five (5) on the National Register, and thirty (30) on the Local Register, as well as five (5) locally registered historic districts. Most of the significant housing stock is located within the districts, however, recent surveys have indicated significant concentrations outside of the designated districts. Within these established districts, and for all individually listed properties, the Historic Preservation Board must issue a Certificate of Appropriateness for changes in use, new construction, demolitions, and exterior building modifications. The City regularly evaluates and re-evaluates its older building stock and potential archaeological sites to determine if the age and historical, architectural or archaeological character of the property warrants the creation of new districts or an individually listed property or supports modification to an existing designation. The City also promotes the preservation of historic structures through the tax abatement program, which allows for the exemption of property taxes for improvements to qualified properties for a ten year period. HO-27 CaMPF~EI-~IE111S111E PLr4~ DELI4AY BFi4CH, FLDR1Dr4 R~51D~lV ~lA L 1VG1Gl~BQI~~Q QD N C~lTE6D~ll~lTlQ~V 1HAP BILE MAP #Z~ GRAPHIC SG4LE LEGEND: 5TB -STABLE RHB -NEEDING REHABILITATION crrr vF oELRAr eEACH, FLVRIDA PLANNING de TONING OEPARTAIENT y~g~_ NEEDING STABILI7ATIDN CITY LIlNITS -•-•-•-•-•-•-•-•-•- ~cH saos RVZ - NEEDING REVITALJ7ATION HO-28 OTHER HOUSING ISSUES AND NEEDS Housing for Families Earning 120% to 200% of the Median Income A need that has been identified by community leaders, and articulated in the Visions 2005 process, is for additional owner-occupied housing within the City that is in the $125,000 to $200,000 price range (generally affordable to households which earn 120 to 200% of the median income, currently $48,412 for a family of 4). It is felt that attracting more families in this income range will help to improve the racial balance of the schools within the City, reducing the need to bus minority students out of their neighborhoods to attend schools outside of the City. Approximately 22% of the City's owner-occupied housing stock is in this price range. More than 50% is in a price range that primarily appeals to low/moderate income households, and almost 25% is priced for households earning more than 200% of the median income. In addition, a significant portion of the City's housing supply in all price ranges can be classified as: adult only (restricted to ages 55 and over); adult oriented (designed to appeal to "empty nesters" and seniors); and seasonal (primarily beach area condominiums). It is estimated that these units represent at least one third of the City's total housing supply. The Affordable Housing Needs Analysis indicates that by the year 2000 an additional 554 owner occupied units will be needed for households earning 120% to 200% of the median income, increasing to almost 1,500 by the year 2005. Housing that is currently under construction or has recently been approved will help to meet the demand for the next several years, however, given the shortage of available vacant land, it is unlikely that all of the needed units can be accommodated. The City should promote the use of the remaining vacant land in the Planning Area, particularly in the western parts of the community, for the development of housing to meet this need. It was suggested in the EAR that the City consider the use of incentives for developers who want to build single family owner-occupied housing on property that is zoned for multi-family housing, in areas where single family residential is an appropriate and desired use. These incentives could include participation in infrastructure costs, waivers of certain development standards, and other measures to enhance the economic feasibility of constructing alower-density community that would help to fulfill the need for middle income housing. Rental Housing Assistance During the EAR process, the Housing Task Team noted that since the discontinuance of the federally funded Rental Rehabilitation Program, there is no assistance available for the rehabilitation of renter-occupied housing. It was suggested that a revolving short-term loan program be established, possibly with funding that is received from the repayment of the Auburn Trace UDAG. HO-29 Foreclosures of Liens on Vacant Lots The Housing Task Team also recommended that the City pursue a program of acquiring vacant lots for affordable housing by foreclosing on liens that have been imposed for the correction of code deficiencies. The team suggested that the City work with an agency that could clear the titles of these properties for a fee. The lots could then be made available to Habitat for Humanity or the Renaissance Program. Mansionization Effect Another housing issue in the City is the "mansionization" trend that is occurring primarily east of the Intracoastal, where escalating land prices have made existing, older homes obsolete. Those homes are being demolished in favor of newer structures that are typically much larger in size and scale than is typical of the surrounding neighborhood. This year the City formed the "Large Home Task Team" to evaluate the extent of this phenomenon and make recommendations for ensuring that new homes are compatible with their surroundings. The recommendations of the task team are currently being addressed through revisions to the Land Development Regulations. Housing in the Downtown Area One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally-oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active night life. 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 City needs to re- evaluate current regulations regarding the construction of dwelling units in the central business district, and make whatever changes are necessary to eliminate impediments and provide incentives. HO-30 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING Objective A-1 Program of Information Exchange Policy A-1.1 Neighborhood Program Specialist Policy A-1.2 Monthly Newsletter Policy A-1.3 Courtesy Notices Policy A-1.4 Town Hall Meeting Objective A-2 Residential Categorization Map Policy A-2.1 Categorization of Neighborhoods Policy A-2.2 Updating of Map Objective A-3 Stable Neighborhoods Policy A-3.1 Neighborhood Association Policy A-3.2 Most Restrictive Zoning Objective A-4 Stabilization Neighborhoods Policy A-4.1 Neighborhood Association Policy A-4.2 Regular Contact by City Policy A-4.3 Priority in Code Enforcement Policy A-4.4 Most Restrictive Zoning Objective A-5 Revitalization Neighborhoods Policy A-5.1 Neighborhood Association Policy A-5.2 Regular Contact by City Policy A-5.3 Priority in Code Enforcement/Law Enforcement Policy A-5.4 Capital Improvement Programming Policy A-5.5 Neighborhood Plan Objective A-6 Rehabilitation Neighborhoods Policy A-6.1 Housing Programs Policy A-6.2 Neighborhood Association Policy A-6.3 Regular Contact by City Policy A-6.4 Priority in Code Enforcement/Law Enforcement Policy A-6.5 Capital Improvement Programming HO-31 Objective A-7 Redevelopment Areas POlicy A-7.1 Redevelopment Plans POlicy A-7.2 Priority Of Plans Revised byAmendment 00-2] POlicy A-7.3 Future Development POIICy A-7.4 Deleted byAmendment 00-2] Objective A-8 Elimination of Substandard Housing POlicy A-8.1 Rehabilitation Funds POlicy A-8.2 State and Federal Programs POlicy A-8.3 Bootstrap Program POlicy A-8.4 Rehabilitation of Rental Properties POlicy A-8.5 Other Programs Objective A-9 Elimination of Unsafe Structures POlicy A-9.1 Unsafe Buildings and Structures Ordinance Objective A-10 Historically Significant Housing POlicy A-10.1 Historic Preservation Ordinance POlicy A-10.2 Historic Designations Objective A-11 Displacement of Residents POlicy A-11.1 Contact and Consultation POlicy A-11.2 Relocation POlicy Objective A-12 Neighborhood Protection Policies POlicy A-12.1 Street Modification Impacts POlicy A-12.2 Streetscape Requirements POlicy A-12.3 Impact of Proposed Developments POlicy A-12.4 Size and Scale of New Homes ~RevisedbyAmendment99-1] Objective A-13 Cultural Diversity POlicy A-13.1 Outreach Programs POlicy A-13.2 Overcrowding Objective A-14 Condition of Schools POlicy A-14.1 Physical Improvements POlicy A-14.2 Participation by City HO-32 GOAL AREA "B" SUPPLY OF NEW HOUSING TO MEET FUTURE NEEDS Objective B-1 Adequate Supply of Very Low/Low/Moderate Income Housing POlicy B-1.1 Renaissance Program POlicy B-1.2 Habitat for Humanity POlicy B-1.3 HOME and SHIP Funds POlicy B-1.4 Manufactured Housing POlicy B-1.5 Rental Housing Assistance POlicy B-1.6 Waiver Restrictions Objective B-2 Variety of Housing Types POlicy B-2.1 Single Family Detached POlicy B-2.2 Housing for Various Age Ranges POlicy B-2.3 Variety of Styles and Types POlicy B-2.4 Foster Care POlicy B-2.5 Families Earning 120-200% of Median Income POIICy B-2.6 DOWntOWn HOUSIng ~RevisedbyAmendment00-1] Objective B-3 Streamlining of Permit Process POlicy B-3.1 Expedited Permits for Affordable Housing POlicy B-3.2 Monitor Review Practices POlicy B-3.3 Group Home Ordinance POlicy B-3.4 CBD Regulations HO-33 GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING FOR ALL INCOME LEVELS AND TO -B-Y PRESERVE" EXISTING STABLE NEIGHBORHOODS, STABILIZE~IN& AND ENHANCE~IAI& NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTOREING AND REHABILITATEING NEIGHBORHOODS THAT HAVE DECLINED. Objective A-1 The City shall keep updated and continue to improve its program of information exchange with its neighborhoods. The purpose of this program is to provide ~ stronger mechanisms of information through which these areas are kept aware of the overall condition of the City, potential threats to the stability of the neighborhoods, and the information and assistance ~ that is available to residents The program is to be implemented through the following policies. Policy A-1.1 The Community Improvement Department shall maintain a staff position or positions whose main emphasis is on the organization and continuation of neighborhood associations. The main purpose of forming these associations is to organize residents to work with the City to improve their neighborhoods. The Community Improvement Department shall maintain, and regularly update, a map of the boundaries of each association and the names of the official representatives. Policy A-1.2 The City shall continue to publish, at least monthly, a newsletter that is intended to provide information on services, events, and activities that are of interest to the City's residents. This newsletter will be mailed to the representatives of all neighborhood and homeowner associations. Policy A-1.3 The City shall provide "courtesy notices" to the representatives of the various homeowner and neighborhood associations, of upcoming advisory board meetings which involve land use and development activities which may potentially impact their neighborhoods. Each association should identify the area or areas of the City which are of particular concern to them. Policy A-1.4 At least once a year, the City Commission and the Planning and Zoning Board shall conduct a Town Hall Meeting, the purpose of which is to provide a report to its citizens of progress made in achieving the goals and objectives of the Comprehensive Plan, and to allow citizens to have input regarding infrastructure needs and other problems that they wish the City to address. Policy A-1.5 Each City resident shall have access to the Neighborhood Resource Center which provides services to enhance neighborhoods and enrich quality of life through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. The NRC shall provide technical assistance to residential neighborhood associations and work to promote a sense of community throughout the City HO-34 Objective A-2 The Planning and Zoning Department shall maintain a Residential Neighborhood Categorization Map as an integral part of this Housing Element. The main objective of the categorization is to identify the level of need in each neighborhood to be updated every year, which in turn will determine the important strategies to be taken in meeting that need. The map shall be widely distributed. Policy A-2.1 Each residential area shall be categorized in terms of the descriptions provided in this Housing Element, and shall be identified as such on the Residential Neighborhood Categorization Map. Policy A-2.2 The Planning and Zoning Department shall update the Residential Categorization Map, with the assistance of the Community Improvement Department and a citizen task team, at least once °~~°~~~ a years. Objective A-3 For those areas identified as "stable residential" on the Residential Neighborhood Categorization Map, the City shall implement the following policies to ensure that they remain "stable residential" and do not decline. Policy A-3.1 Each area of the City that is identified as "stable residential" shall be included within a neighborhood association which has an official representation. The purpose and implementation of this policy is as provided in Objective A-1 and its related policies. Policy A-3.2 The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. Objective A-4 For those areas identified as "needing "stabilization" on the Residential Neighborhood Categorization Map", the City shall take measures to prevent further decline i.e environmental impact, police activity, traffic, building height and density), and to help move the neighborhood toward a classification of "stable" residential," without displacement of existing residents. Policy A-4.1 The City shall initiate efforts to create a neighborhood association (if one does not exist). The purpose and implementation of this policy is as provided in Objective A-1 and its related policies. HO-35 Policy A-4.2 The Community Improvement Department, through its Neighborhood Planner Drn'vrnm en°^;.,~;^+ (or equivalent) position, shall maintain regular personal contact with the representatives of the associations through attendance (on at least a quarterly basis) at association meetings and by acting as a liaison with the City to resolve matters of concern to the neighborhood. Policy A-4.3 These areas shall have some priority in terms of targeting of code enforcement activities. That priority could take the form of task teams directed at solving specific problems, assignment of additional staff for specified periods, or any other measure that increases the level of activity to produce results. Policy A-4.4 The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. Objective A-5 For those areas identified as "needing "revitalization" the City shall take measures to prevent further decline, (i.e environmental impact, police activity, traffic, building height and density), and to help move the neighborhood toward a classification of "c++nhili~n+inn" °r °`stable" residential," without displacement of existing residents. Policy A-5.1 The City shall initiate efforts to create a neighborhood association (if one does not exist). The purpose and implementation of this policy is as provided in Objective A-1 and its related policies. Policy A-5.2 The Community Improvement Department, through its Neighborhood Planner Drnrrrom cn°^,~r^+ (or equivalent) position, shall maintain regular personal contact with the representatives of the associations through attendance (on at least a quarterly basis) at association meetings and by acting as a liaison with the City to resolve matters of concern to the neighborhood. Policy A-5.3 These areas shall have some priority in terms of targeting of code enforcement and law enforcement activities. That priority could take the form of task teams directed at solving specific problems, assignment of additional staff for specified periods, or any other measure that increases the level of activity to produce results. Policy A-5.4 These areas shall have some priority in terms of scheduling of capital improvements (infrastructure) which will assist in arresting visible signs of deterioration. Policy A-5.5 These areas shall be provided assistance through the creation of a "n°irrhhnrhnnrJ n~~n°° Strategic Task Team Neighborhood Action Plan, which is a comprehensive evaluation of the physical and social characteristics of the neighborhood which have an effect on the quality of life of its residents. ^~~~°^+°~ +°,~,~~~ HO-36 ~eg~a+~ The plans shall be prepared by the ' ~s+~t-ate^° f~~~Community Improvement Department~d-with input from the Community Redevelopment Agency if located within the CRA district. "+ '^.,^+ nnn #efle~s gam,... (lc+nnnln DnrL flnlrn„ Chnrnc+ Objective A-6 For those areas identified as "needing "rehabilitation" on the Residential Neighborhood Categorization Map, the City, +"~^„n" ,+~ ~nmm„n,+„ Imr~rn"°m°n+ fl°r~or+m°n+~ shall provide ^^n^nn+~.,+^,~ comprehensive programs of code enforcement, public investment in infrastructure, including pocket parks, public assistance to residents and in the rehabilitation of structures, public action in the provision of replacement housing, opportunities for new private development, wherein development impacts must be addressed, and special social programsl all directed toward the stabilization and revitalization of those designated areas, without displacement of existing residents. This objective shall be accomplished through the following policies. Policv A-6.1 These areas shall have first priority for housing programs identified under Housing Element Objective A-~ 7. Policv A-6.2 The City shall initiate efforts to create a neighborhood association (if one does not exist). The purpose and implementation of this policy is as provided in Objective A-1 and its related policies. Policv A-6.3 The Community Improvement Department, through its Neighborhood Planner Drn,vrom cn°n,~r^+ (or equivalent) position, shall maintain regular personal contact with the representatives of the associations through attendance (on at least a quarterly basis) at association meetings and by acting as a liaison with the City to resolve matters of concern to the neighborhood. HO-37 Policv A-6.4 These areas shall have the highest priority in terms of targeting of code enforcement and law enforcement activities. That priority could take the form of task teams directed at solving specific problems, assignment of additional staff for specified periods, or any other measure that increases the level of activity to produce results. Policv A-6.5 These areas shall have some priority in terms of scheduling of capital improvements (infrastructure) which will assist in arresting visible signs of deterioration. Cnr +hnc+n nr irlnn nnnrlinn °°rnrln~i mm~n+" nn Dnc+irlnn r-~~~ccret~S~ct~r ~ ~e~-a~~T~..carrr~~ccTCPe~nTCrn-vn ~n~c-rrt~'aT nnnmm~lic+h +hn rnrlnvnlnmm~n+ of +hn nrnn ~a a > > Ann nrinr +n nmhnrLinn i innn nnv c+nnnifin rnrlnvnlnmm~n+ nn+i~ii+~i i (lc+n nn hn nn C C rl nnrl C C ~+h C frnm Cnrlnrnl vac ccrr,~ct~~cn--~~~ crrvt~~e~,~rcrrrrcccruT -linh~nio~i +n C~niin+nn ~~inni in\ D°linv A_7 4 (ln,,,, ,, p + Dlnn in fnrmnlhi nrlnn nrl nll rl i nm nl ~--v'rrc9~"r-r.~vrrGl':'--CrF~e~e~e~ei~}r-r-r'rn-r~~ t~ce~e~nTCttt~ti~ hn in onnnrrJonnn ~nii+h +hn orJnn+nrJ nlon ^h'°^*~~•° A-4 Objective A-7 The City shall work to upgrade °'ie substandard housing conditions by providing programs to improve the structural and aesthetic conditions of its existing housing stock and neighborhoods and address the needs of displaced residents. Most programs will be targeted to those areas that are showing the greatest signs of deterioration (those identified as "needing Revitalization" or "needing Rehabilitation" on the Residential Neighborhood Categorization Map); others will be available citywide. HO-38 D^"^•• ^-~.' Policv A-7.1 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-7.2 The City will participate in state and federal programs such as SHIP (State Housing Initiatives Partnership); and HOME, and #9~€3 to provide for the purchase and rehabilitation of existing housing and the construction of new housing. D^"^•• ^-~.~ Policv A-7.3 The City will provide local funding te-eper~t~t~.~o~+~~ ~ for the rehabilitation of the exterior of existing owner-occupied units, including improvements such as new landscaping, painting, and replacement of doors and windows. This program shall be available on a citywide basis. D^linv "_Si! A In ~V Q7/QQ + ('i+~i h~ ~~ omino ~~nccihili+~i~~ ohlichin a E~C- r~ ~v, r ~ arrrrrr~ NN`"`"'vTxTrr ccnars~ > > Trnn~ I Ifl/~r_' D^"^•• ^-~.~ Policv A-7.4 The City will continue to promote and fund programs such as Paint-Up Delray, Adopt-A-Street (litter control), Adopt-A-Tree (street tree plantings), and similar programs intended to improve the appearance of its neighborhoods. ^h'°^*'••° A-° Objective A-8 Code enforcement will be restructured and focuded in the Citv din order to eliminate hlirrh+inrr onrl unsafe structural conditions in its neighborhoods;. tThe City will ensure that housing units ~ that cannot be effectively rehabilitated will be demolished when absolutely necessary and that they are reolaced with structures comoatible with the neighborhood. D^'~^•• A-°.' Policv A-8.1 This objective will be implemented in accordance with the standards and criteria included in Article 7.8 of the Land Development Regulations, Unsafe Buildings and Structures. nh;°„+;.,° "_, n Objective A-9 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Policv A-9.1 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. HO-39 o^~;,,., "_,n.~ policy A-9.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Strategic Task Team Neighborhood Action Plans for those areas which have a significant inventory of historic structures. ^h'°^*~~•° "-" Objective A-10 Displacement of individuals from their current living situation is generally undesirable, however, at times it is necessary to displace individuals because of immediate dangers to health and safety or to accommodate redevelopment efforts. Displacement shall be accommodated in a sensitive manner and shall be guided by the following policies. °^'~^•• ^-".' Policy A-10.1 All situations involving displacement, except those initiated by and fully accommodated by landlords, shall be brought to the attention of the Community Improvement Department. The Department shall make personal contact with the individuals being displaced and shall document whether or not public assistance is required or desired or appropriate. Policy A-10.2 Displacement of owner-occupants or tenants shall be handled in accordance with the City's adopted relocation policy. ^h'°^*~~•° "-" Objective A-11 To assist residents of the City in maintaining and enhancing their neighborhood on~iirnmm~n+~ the City, through public input and notification, 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. Policy A-11.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. 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. °^'~^•• ^-".' Policy A-11.2 There shall be strict adherence to streetscape landscaping requirements. Street plantings shall be consistent and compatible within a neighborhood, thus reinforcing a neighborhood theme and character. Policy A-11.3 In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. HO-40 °^'~^•• ^-".^ Policv A-11.4 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. ^h'°^*~••° "-' ~ Objective A-12 ed~Eat+n~°~^~-~i~e~ssc-aa-p~epe~t~~ds. The City shall continue to imolement soecial outreach oroarams to helo all residents understand aoolicable codes and ordinances. Policv A-12.1 The City will continue to implement special outreach programs to help new residents understand applicable codes and ordinances regarding lawn maintenance, trash disposal, parking, etc. °^'~^•• ^-'~.' Policv A-12.2 Wherever problems of illegal conversions of dwelling units and overcrowding exist, it shall be a priority of the Code Enforcement division to address and eliminate the problem. ^h'°^*~••° "-' ^ Objective A-13 Th^~ Recognizincl~=eeg+~s that the condition and operation of its schools has a direct bearing on the stability of its neighborhoods1. " ^^^~'" rv,oin+oin^~ ^h„c~i^^~ ^~^n+ "~~~Eatec~-~v+t#i~ ^'i~t~ic~Tthe City will continue its efforts to upgrade and improve schools located within its boundaries. Policv A-13.1 The future of the public schools located in rr+hnhili+n+inn > > > °in^ ~r^„^ ~'^W,^r+^Y„` the City of Delray Beach is vital to the future of the associated neighborhoods. The City will continue to lobby the Palm Beach County School District to provide investment in physical improvements, staffing, and curriculum in order to have these facilities be assets to the neighborhoods. Policv A-13.2 Where appropriate, the City will ^r^.,irl^ Innrl nr fi inrlin.Y work in partnership with the School District to facilitate the improvement of local schools. If the City determines that financial investment is required, such ~k~ investment shall be accomplished through interlocal agreements with the school district. HO-41 GOAL AREA "B" TO ENSURE THAT AN ADEQUATE SUPPLY OF QUALITY NEW HOUSING IS AVAILABLE IN A RANGE OF TYPES AND COST LEVELS TO MEET THE NEEDS OF THE CITY'S FUTURE POPULATION Objective B-1 hni icinrr rJn~minr,mnn+. Thrrrrrva~^n~ hni ic~inrr r,rnrrromc~~The City shall work to ensure that there continues to be an adequate supply of ualit housing to accommodate very low, low, and moderate income households, °c ~^~°~~ ~c moni ifon+i irnrJ onrJ mnhiln Policy B-1.1 The Community Improvement Department will continue to participate in partnerships ,which coordinates the efforts of private and non-profit sectors to provide new single family housing throughout the City. Policy B-1.2 The City will acquire approximately five lots each year to be used for the provision of infill housing by programs such as Habitat for Humanity. Policy B-1.3 The City will utilize funds available from state and federal programs such as HOME and SHIP to create homeownership opportunities for very low, low, and moderate income households. These funds will be made available citywide in order to avoid a concentration of affordable housing in specific areas of the City. Policy B-1.4 Manufactured housing will continue to be permitted throughout the City, provided that it complies with building code requirements and is consistent with the aesthetic standards of the community. Policy B-1.5 The City shall, through its Housing Authority, pursue increases in its allotment of Section 8 vouchers/certificates to provide for affordable rental housing. However, the City will not participate financially ^r ^+hnr,^,ic~n in the construction of new affordable rental housing projects. Policy B-1.6 Due to the potential negative impact on the stability of its existing residential neighborhoods, the City does not support waivers of infrastructure requirements, provision of adequate parking and activity areas, or any reduction in the overall quality of new housing as a means of achieving affordability, particularly in areas of the community which are currently experiencing deterioration. Objective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks~l~ HO-42 ~nn'~c~t+n~e to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. inn+ifinrJ in +hic~ ~'~R. Policies which will implement this objective include: Policv B-2.1 Vacant land areas west of I-95, shown on the Future Land Use Map as low density residential nn,~ Y„Y~~ rnc+irlnn+inl~ shall be retained for single family detached housing or low density planned unit residential development. Policv B-2.2 The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Policv B-2.3 New housing developments shall include a range of housing types that offer variety in size, color, and style. Policv B-2.4 Foster care homes shall be permitted in all residential zoning districts. Community Residential Homes and other group home facilities that are licensed by the state shall be a permitted or conditional use in the City's residential zoning districts, based upon their size and level of intensity. 0 nrrlnr to mnnt n n G i ~nnnn mn~i in t~FI E~l ~e~ t~S irln fl ihilit~i in rl n~i mm~nt X e~ ~l e vrccrcv-zrTCC~ ~~r --nTCCrr ~r vu r ~T ~crrrcy-~rrcrcv nTCrrc • > > ~ ^' ~n o ~, e ~ Rtn~n T R1T C r n f ~ 7 i cy - ti'i'l V 'C ['GV9 T [ I T e ~ P/C7TlT ~ e e noifTn~°~~^}~ hni icinn nrni~~ n~~~~ncf ~G~~~ ~jp~~nio~ T o~a Objective B-3 The Community Improvement Department and the Planning and Zoning Department will work to streamline and expedite the review and permitting process and minimize costs and delays for housing, especially affordable housing. These departments shall operate under the philosophy of private enterprise regarding efficiency and delivery of product. HO-43 Policv B-3.1 The City will expedite the processing of building permits for homes being constructed through City-sponsored affordable housing programs. Policv B-3.2 The City shall continually monitor its development review practices to ensure that applications are being processed in a timely manner, and shall regularly implement new programs and technological improvements to expedite the review and approval process. Policv B-3.3 The City shall r°~ review its Land Development Regulations t~e--fie ^^n;~ for consistency with Chapter 419, FS, regarding the location of group homes and foster care facilities. Th°c° ~n~ii^i^n^ This review will be completed in FY ~~ 08/09. ~mino~thncn horri~s Thic onohicic ~niill ho ~~+torJ in ~V Q7/QQ rrni-rcc n-rvvc-r~rrr ~~ ccrn~--rT.n~v. HO-44 PUBLIC FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRAY BEACH BACKGROUND The text of the Element is a summary of the complete inventory, analysis, and recommendations which are contained in the following source documents: ^ C~T~-~i C~~~,~~~~~-oinonn Dnl~~~/ ~c r o~~-ol (~_'rni inrJ~nioc~ ~~ > > > > r"-~C~~er-rQec~~e-€~G~e~~C~c~e~~c~der+~a", IT,--~~o°~` ~~ate~re~t~e~~-A~~~ zn°~9~~-} ~~ A/nn[~CCY~Fte•c[Cttte~~}t~FQttl-YVii'tJ[nr Dlnn /(~nmr~' flrnc+~Cr-FVtC~CC~-r.~vv~ ^ Water Distribution System Master Plan (Hazen & Sawyer, 1992) ^ Water Supply Master Plan (CH2M Hill, ~9-9-1- 2007) ^ Stormwater Master Plan (Kimley Horn, 2000) ^ Wastewater Transmission System Master Plan (Hazen & Sawyer, 1992) ^ 1996 Evaluation and Appraisal Report (City of Delray Beach, 1996) ^ Alternative Water Treatment Study (CH2M Hill 2001 ~ ^ Reclaimed Water Master Plan (Mathews Consulting, 2003 ^ Congress Avenue Corridor Capacity Study (Mathews Consulting, 2007 ^ Roadway Conditions Atlas (City of Delray Beach, 2007 ^ 2006 Evaluation and Appraisal Report (City of Delray Beach, 2006 The source documents, and other documents which are cited in the Element, are available for public review at the Planning and Zoning Department offices located at 100 N.W. 1 st Avenue, Delray Beach, Florida. PF-1 INVENTORY AND ANALYSIS The following summaries have been prepared to facilitate review with the requirements of Administrative Rule 9J-5. As a summary, only significant items are highlighted. The source documents should be referred to for more information. A separate inventory and analysis is provided for sewer, water, drainage, and solid waste disposal facilities. Inventory and analysis dealing with groundwater aquifer recharge is addressed under the water subsection. SEWER FACILITIES Wastewater treatment is provided by the South Central Wastewater Treatment Facility, located in Delray Beach. The facility is jointly owned by Delray Beach and Boynton Beach, under the responsibility of a board comprised of the City Commissions of both cities. Daily operations of the facility are overseen by an executive director, reporting to the board. Delray Beach Environmental Services Department is responsible for the wastewater collection and transmission system within the service area. The service area coincides with the City's Planning Area plus service provided through contract to Highland Beach. Also included are several single and multi-family connections in the Town of Gulf Stream. The service area encompasses approximately 18 square miles, as shown on Map #1. The wastewater collection system consists of approximately ~ 355 miles of gravity and force mains interconnected to ~ 126 lift stations nn,~[^Y ~if+ ~+.,+i.,r~. In addition, there are ,,,^~^ +hon ~ 1 ~ less than 100 septic tanks within the service area. The treatment plant was constructed in 1979, with a programmed life of 50 years (2029). Ultimate disposal is currently by ocean discharge of secondary effluent and land spreading of sludge. In late 2008, deep well injection will replace the ocean discharge except for emergency situations and DEP permitted exceptions. Also in late 2008, with completion of the Palm Beach County Biosolids Pelletization facility, land spreading of sludge will no longer be used. The new facility will dry and process the sludge into pellets for use in fertilizer. The design capacity of the treatment plant, established by its secondary treatment capacity, is 24 mgd. This capacity is shared equally between Boynton Beach and Delray Beach. CITY OF DELRAY BEACH CAPACITY/DEMAND ANALYSIS (SEWER) (Includes Service to City of Highland Beach) CAPACITY DEMAND ('89 07) DEMAND 2025 12 mgd 8:98 7.5 mgd ~ 9.5 mgd PF-2 Deficiencies Upgrading and maintenance of lift stations requires on-going capital investment. Infiltration into the collection system could impact future facility costs through capital expansion. This problem has been significantly reduced in recent years with the repair and reconstruction of the collection system east of I-95. An on-going program to reduce infiltration/inflow is a cost effective method of reducing the need for treatment facility expansion and requires on-going capital investment. POTABLE WATER AND GROUNDWATER RECHARGE FACILITIES Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles, as shown on Map #1. The treatment plant was constructed in 1972, with a programmed life of 50 years (2022). The design capacity is established by its clarifier capacity (28 mgd). The City maintains a State certified laboratory, the primary responsibility of which is monitoring potable water quality. EPA Stage 2 Standards for disinfection by-products are being met through the use of supplemental chemical treatment. CITY OF DELRAY BEACH CAPACITY/DEMAND ANALYSIS (WATER TREATMENT) (Includes Service to Town of Gulf Stream) CAPACITY DEMAND ('89 07) DEMAND /Qi iii n ni iT\ 2025 28 mgd ~4 16.3 mgd ~ 19.74 mgd 20.5 19.7 m d eak ~ 23.9 m d eak The water distribution system includes 4~ 430 miles of water mains ranging from 2 to 24 inch diameter,~54~ 2,635 fire hydrants, transfer pumps, and storage facilities with a capacity of 8.5 mg and when permitting is complete, an aquifer storage and recovery facility with a usable capacity in excess of 100 mg. The water supply is provided from 30 active wells in four wellfields, ovnoncinn +n ~Q ,n,nnc~ +n+~~, yielding a total design capacity of 474 37.2 mgd. The current amount of withdrawal is established; through the South Florida Water Management District consumptive use permit, at ~1-:9~ 19 mgd. T"°~° ^~° „n ^~~;+;nn^' o nurra- c~ii~rhi ~r +~e n~~r~ I n r~? / `2 \~ri~ n o~~n hen ~ f n r ~~~n~~~n~~ rJ h~ i. I n addition, there are more than 1,000 domestic wells within the service areal predominantly used for irrigation. There are no major groundwater recharge areas PF-3 CDMP1~El-~E111S1VE PL~4~ DRLR~4 Y BF~4C1Y, FLDR~DA CITY OF 6OYNTdN BEACH L-30 CANAL J J ~ I ~r a 1 ~~• ~1 j ~A r7 Q ~ I ~ F}i I ~ W ~ p Q - - - ,~ ° LAKE IDA ROAD rvwN of ~~ I STREAM yD_ GULF 57REAleT ~ ~ I L_V_V_YLV_V_V_V_v~ G. BUSH SEND. n~ r~ N N.W. 2N^ ST N w ATLANTIC AVE. ATLANIC AVENUE S.W. 2ND ST 0 ~ N O .. LaWSON 60ULEVARD m S.W. L3J 10TH ST o Q C. Q ~ W P g' ~ ~ ~ ~ a LINTON BOULEVARD c ~ W Vl r a 3 x ~_ x J a 0 0 y 0 d ti w • w a r a' d a L~ J, N v 4. ~ w ~ VI 2 I 1 L-38 CANAL ~i5 CANAL PALM BEACH COUNTY CI FY OF BDCA RATDN row~v of HrDHLAND BEACH N PLAl1~1V11YG ARFA 1HAP # ~ AiILE GRAPHIC SCALE LEGEND: PLANNING AREA - - - - ~ CfiY uMITS CIiY OF OELRAY 9EACH, FLORIDA (ULTIYAATE CffY BOUNDARI'} PLANNING de ZONING DEPARTLIEHf TOWN OF GULF STREAIA TOWN OF HIGHLAND BE4CH COUNTY JURkS01Cf10N 000000 h1ARCH 2008 (YHATER de FIRE SERVICE) n o 0 0 0 0 {SEWER de FlRE SERVICE} PF-4 within the Planning Area, although the entire region east of the Conservation Area is identified as a prime aquifer recharge area by the U.S. Geological Survey and the Palm Beach County Comprehensive Plan. Deficiencies Water mains of 2" diameter, found in older areas of the City, are not sufficient for fire protection. Funds are provided annually to upgrade these lines. Needed improvements to the piping system have been identified to accommodate demand conditions and localized fire demands. (`ADA(`ITV IlG11AAnlll /°(1(1\ IlG11AAnlll /RI ~~~ Il !ll IT\ ~T SOLID WASTE MANAGEMENT The Solid Waste Authority has responsibility for the ultimate disposal of solid waste in the region. The City is responsible for collection of solid waste within the City limits through a contract with a private firm. Solid waste is collected by the City's contractor and generally taken to a transfer station located within the City, then by Solid Waste Authority trucks to the regional landfill, located near West Palm Beach. The transfer station, located on S.W. 4th Avenue just south of Linton Boulevard, has a capacity of 1,000 tons per day and is operating at approximately 15% below its maximum capacity. This transfer station serves the south county from Boynton Beach Boulevard south to the County line. Other transfer stations used are outside the City. The North County Regional Solid Waste Disposal Facility, operated by the Solid Waste Authority, is the ultimate disposal site. This facility occupies 334 acres, and consists of a Class 1 (garbage and incinerator residue) and a Class 3 (trash) landfill. The landfill, at its established Level of Service standard of 7.13 pounds per person per day, has sufficient capacity to serve until the year 2021. The Board of the Solid Waste Authority has authorized the initial design and permitting efforts to develop a new landfill on 1,600 PF-5 acres owned by the authority. The capacity of this new landfill would extend the life of the solid waste system beyond the year 2065. In addition to the landfill, the facility provides recycling, waste-to-energy incineration and composting facilities. The total tonnage added to the landfill annually is ' ,,--~2°Q 1,918,735 tons (~9-9-5 2007). The City of Delray Beach contributes ~A9 70,800 tons per year (commercial and residential) to the landfill (4~-9-5 2007), including garbage, trash, and vegetation. This equates to ~ 6.02 pounds per person per day. The City's yearly contribution to the landfill is 4.-8°h 4.4% of the total. The Delray Beach population of ~-~ 64,360 (~9-9-5 2007 estimate) represents ~,~ 5.0% of the County population of ~8~A9 1,295,033 (~9-9-~ 2007 estimate). The City's impact on the landfill is, therefore, 4~h 16% less than the Level of Service standard and ~ 11 % less than its portion of the County population. The City has an aggressive recycling program that began in 1990. The program includes curbside residential recycling for single family and multi-family homes. The program accounts for a reduction to the waste stream of 17~ 5,180 tons per year (~9-9-~ 2007). This represents a reduction of over ~ 12% in the residential waste stream. There were no problems or deficiencies with the collection system. Long truck queues at the transfer station sometimes cause congestion problems. The capacity of the landfill was not estimated for this report. Such capacity analysis is under the jurisdiction of the Solid Waste Authority, and indicates sufficient capacity through the year ~9 2021. A local issue relative to capacity would be whether the local government is meeting the established level of service standard of 7.13 pounds per person per day. As discussed above, Delray Beach is well below the standard, at ~7 6.02 pounds per person per day. DRAINAGE Responsibility for storm drainage in the City is divided among a hierarchy of state and regional agencies, the City, and landowners, as follows: AGENCY RESPONSIBILITY South Florida Water Management Major canals and structures; permitting District Lake Worth Drainage District Lateral and equalizer canals and minor structures City of Delray Beach/Palm Beach County Public storm sewer system Land Owners On-site storm sewers and retention areas PF-6 Deficiencies Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve a Level of Service standard of `C', with funding to come from the Stormwater Utility Fee. STREET SYSTEM The City has repair and maintenance responsibility for most roads within the City limits. Exceptions to this include major roads under the jurisdiction of the State or County, and private roads maintained by land owners. The City maintains approximately 4~6 305.4 lane-miles of roadways (enn+nmhnr ~nnn April, 2008). The City has ~,r~~ completed the 2000 Road Bond Program} to reconstruct numerous streets under City jurisdiction. An annual program currently exists to resurface streets as needed. The program was developed to bring all city streets to Level of Service C, and to pave all unpaved streets which provide access to improved properties. Unpaved streets which do not currently provide access to improved properties will be paved by the developer with development of the property. In addition, there is a need to pave currently unpaved streets, particularly in areas added to the City by annexation. ~~e~tfy;-aApproximately 2~ miles of unpaved roads exist in the City (April, 2008). There is no overall master plan for all the components of a street system, including roadways, sidewalks, street lights, drainage, and signs and markings. Without such a master plan, it is difficult to efficiently address problems in the area, and impossible to identify the proper level of funding needed to provide a uniform and equitable level of service to all parts of the City. These components are currently being added to the citywide GIS system. When completed, this will provide the necessary information to identify problem areas and make funding decisions. BUILDINGS AND OTHER FACILITIES An inventory of the major buildings and facilities owned by the City includes: ^ City Hall and Community Center on NW 1st Avenue. ^ City Attorney's Office on NW 1st Avenue. \A/o+nr/cn~ninr ~niornhni icn nn I ohn IrJo RnorJ. ^ Central Fire Station on Atlantic Avenue. ^ Four fire substations (#2, #3, #4, #5). PF-7 ^ Environmental Services complex on South Swinton Avenue ~``"~T+~Qt~KG~. ^ Water treatment plant on SW 2nd Avenue. ^ Chemical/Generator Storage Building on SW 2nd Avenue. ^ Public Safety Building (Police) on Atlantic Avenue. ^ City Marina. ^ Municipal Tennis Center and Stadium (operated by management firm). ^ Municipal Golf Course (operated by a management firm). ^ Lakeview Golf Course (operated by a management firm). 9 ^ Old School Square Complex (operated by anon-profit organization). ^ Cason Cottage Museum (operated by anon-profit organization). ^ Cemetery (mausoleum portion is operated by a lessee). ^ Parks and Historic Structures (addressed in the Open Space & Recreation Element). ^ Federspiel Parking Garage. ^ Old School Square Parking Garage. ^ Seacrest Soccer Complex. ^ Delray Swim and Tennis Club (operated by management firm). ^ Ocean Rescue Headquarters at Anchor Park Deficiencies There are no major deficiencies related to buildings and facilities. NEEDS AND RECOMMENDATIONS Summarizing from the previous facility and performance analysis, the following needs and recommendations are identified in the City's Public Facilities Element. PF-8 ^ Continue the program for reduction of I/I in the wastewater collection system. ^ Continue the program for extending water and sewer mains to inhabited areas in the City. Imr~lomon+ of+orno+i"o ~nio+or +roo+mon+ +n moo+ C+orro 7 GDS Dorvi iiromon+c. ^ a~~~ao+ ~„~+orv, m~~+o~ ni~n. Complete the citywide GIS street network inventory and mapping, including roadways, sidewalks, street lights, drainage, signs and markings. PF-9 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" ENVIRONMENTAL PROTECTION Objective A-1 Sources of Pollution Policy A-1.1 Septic Systems Policy A-1.2 Rehabilitation of Sewer System Objective A-2 Solid Waste Policy A-2.1 Local Drop Off for Hazardous Waste Dnlin~i ~_7 7 CnlirJ \A/oc+n Dnn~inlinn rvrrcy-T-r-~~wTra--v-v-ccJCC-rrcc~crn-rg Policy A-2.~2Waste Level of Service GOAL AREA "B" POTABLE WATER Objective B-1 Water Supply Policy B-1.1 WWTP Effluent Recycling Policy B-1.2 Aquifer Storage and Recovery (ASR) Objective B-2 Meeting Future Demands Policy B-2.1 Decrease in Consumption Policy B-2.2 Level of Service Policy B-2~.3 New Development Concurrency Objective B-3 Groundwater Protection Policy B-3.1 Wellfield Protection Policy B-3.2 Minimal Reliance on Eastern Wellfield Objective B-4 Enhancement of Water Quality (Potable) Policy B-4.1 Reports to the City Commission Policy B-4.2 Water Main Inspection Policy B-4.3 Discourage Urban Sprawl Policy B-4.4 Alternative Treatment Methods Objective B-5 Water Supply Facilities Work Plan Policy B-5.1 Adoption of Work Plan Policy B-5.2 Coordination with SFWMD PF-10 Policy B-5.3 Prioritization of Improvements Policy B-5.4 Schedule of Improvements GOAL AREA "C" SEWER COLLECTION AND WATER DISTRIBUTION SYSTEMS Objective C-1 Master Plans Policy C-1.1 Water System Model Policy C-1.2 Sewer System Model Objective C-2 System Improvements Policy C-2.1 Remedial Work -Sewer Policy C-2.2 Remedial Work -Water Objective C-3 Availability of Facilities -Sewer Policy C-3.1 Obligations of New Development Policy C-3.2 Upgrading existing Facilities Objective C-4 Availability of Facilities -Water Policy C-4.1 Upgrading of Existing Facilities Policy C-4.2 Obligations of New Development Objective C-5 Revenue Allocations Policy C-5.1 General Fund Relationship Policy C-5.2 Annual Allocations for Upgrading of System Components Policy C-5.3 Financing of System expansions Policy C-5.4 Coordination with Other Improvement Projects Objective C-6 Wastewater Treatment Plant Policy C-6.1 Level of Service Policy C-6.2 Participation Formula ~~i~ i --17TH T Policy C-6.43 Design Capacity GOAL AREA "D" BUILDINGS AND FACILITIES Objective D-1 Public Facilities Policy D-1.1 Repair and Maintenance PF-11 Policy D-1.2 Facility Replacement Policy D-1.3 Accessibility GOAL AREA "E" STREETS AND DRAINAGE Objective E-1 Drainage Facilities Policy E-1.1 Project Priorities Policy E-1.2 Design Standards Policy E-1.3 Storm Water Management Regulations Policy E-1.4 Design Frequency Standards Policy E-1.5 NPDES Programs and Activities Policy E-1.6 Storm Water Mapping System Objective E-2 Funding Mechanisms Objective E-3 Street Resurfacing and Reconstruction Policy E-3.1 Street Resurfacing Program ,~-^~r~rFE~-`~. Z~t~KGse~&~e~l-Mz~&~ Policy E-3.~2Sidewalk System GOAL AREA "F" PUBLIC INFORMATION Objective F-1 Public Information Resources Objective F-2 Public Participation Policy F-2.1 Public Hearings Required Prior to Setting Priorities Policy F-2.2 Local Planning Agency Responsibilities Policy F-2.3 Priority Changes restricted PF-12 GOAL AREA "A" THE PURPOSES, PROGRAMMING, AND PROVISION OF WASTE DISPOSAL FACILITIES SHALL BE DIRECTED BY THE GOAL ~B€y46 OF PROVIDING A SAFE, FUNCTIONAL, ECOLOGICALLY SOUND, AESTICALL Y PLEASING AND SUSTAINABLE ~B€~€AFT PHYSICAL ENVIRONMENT= ELIMINATING ANY WASTE INTO THE INTRACOASTAL WATERWAY AND OCEAN AND ENCOURAGING RECLAIMED WATER USAGE AS A WATER CONSERVATION MEASURE. Objective A-1 Specific programs to mitigate the adverse impacts of point sources of pollution, as identified in the following policies, shall be developed and implemented by the City's Environmental Services Department and the South Central Regional Wastewater Treatment Facility Board, as appropriate. Policv A-1.1 Existing septic tanks which are located in sewered areas throughout the City shall be removed from use as necessary pursuant to Florida Statutes. Septic systems deemed subject to flooding, or with chronic drainfield problems that may have an adverse impact on the environment shall be abandoned and connection made to the central sewer system. Policv A-1.2 Programming of improvements priority upon the rehabilitation of portions infiltration and leakage. to the sewer system shall place a high of the original system which experience Objective A-2 Programs to address the collection and disposal of solid waste, n~ i.~r,r+ifin~ irf +hn fnlln~niinn nn~in~~, shall be developed and implemented with particular regard to environmentally sound procedures. Policv A-2.1 The City shall support the continued operation of the "transfer" station or suitable alternative for the collection of small amounts of hazardous substances from individuals, and public information efforts which educate the public on the identification and proper disposal of household hazardous waste. nlinn ~-~ ~n~ ~~ n° r d- ~v~i ~ ~ "vu~c~~° c r~rnnram~T~li irJinn o fn~5~~ r vr cy E~l pu i r v tffl c ~ ~I~ h~i ~,n0/ in ~nnn ?~~~ ~ Policv A-2.~2 A level of service for solid waste at a generation of 7.13 pounds per person per day is hereby established within the City of Delray Beach. PF-13 GOAL AREA "B" POTABLE WATER SHALL BE PLANNED FOR AND PROVIDED SO THAT IT IS AVAILABLE TO ACCOMMODATE DEMANDS BOTH IN TERMS OF QUANTITY AND QUALITY WHILE ALSO MAKING WISE USE OF THIS LIMITED RESOURCE AND THE LIMITED RESOURCE OF CAPITAL. Objective B-1 Even though the City has projected an adequate water supply, it shall provide for increasing draw-down and the potential of reduced capacity through salt water intrusion and/or extended drought conditions through optimum use of existing wells, development of new wells and development of alternative technologies and methods of providing water. This objective shall be met in the performance of the following: Policv B-1.1 The City, through the South Central Regional Wastewater Treatment Facility Board, shall continue to monitor the area of effluent reuse with the ultimate goal of reclaiming and reusing more effluent from the wastewater treatment plant for irrigation. if onrl ~nihnn ci inh o nrnnrom hnnmm~c +nnhninolhi onrl nnnnnminolhi fnocihln. Priorities for expansion should be on golf courses in the City, large home owner associations on master meters, and in the Coastal Planning Area. Policv B-1.2 The City shall continue to a-seek approval for utilization of the Acquifer Storage and Recovery (ASR) well to supplement water supply during conditions of drought or well field contamination and as a method of balancing the demand on water supply wells during periods of high and low demand. Objective B-2 To insure that potable water is available to meet consumption, a reduction in demand through year- round conservation and treatment plant enhancement shall be achieved. nn nrlrlrnc+c+nrl in thn fnlln,n,inn• - Policv B-2.1 The City shall maintain its program of responsible consumption of water and shall strive to decrease the overall per capita consumption of water h" 1 not frnm t#c~°o~ev°'~~~~~ through continued implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). ^ Maintaining its water rate structure which establishes an inverted block rate structure to set higher consumption rates for increased water use in order to promote reductions in water consumption as well as establishment of conservation surcharges, based on South Florida Water Management District formulae, and keyed to various levels of drought alert. ^ Mandatory use of wells for irrigation purposes where conditions permit. ^ Continued enforcement of water use laws. PF-14 ^ The consideration of xeriscape landscaping alternatives for all new development during the review of site and development plans. ^ Continuation of the regular preventive maintenance program for water mains, pumps and meters. ^ Continuation and expansion of the wastewater effluent reuse program. Policv B-2.2 The City's water utility shall perform at the following levels of service: ^ Average design flow of the water system ~ X9-5 240 gpcd. ^ Storage capacity for the water system ~ 15% of maximum flow plus fire reserve at 1.5 mg, plus 25% of that total. (Based on ~9~9~ 2007 figures, this amount is 5.6 mg). ^ Minimum pressure for the water system ~ 20 psi. (Note: The above standards are currently met throughout the system). Policv B-2.3 It shall be an obligation of new development to provide water system improvements to accommodate demands created by it and to meet the City's minimum design standards concurrent with development. Objective B-3 The City shall provide for the protection of its potable water resources at all times, including, but not limited to, p ower outag es and other emergency situations. ~ imnlmm~n +o+inn of +hn fnlln~niinn nnlininc• Policv B-3.1 Protection of existing wellfields shall be accommodated through the continued implementation of monitoring for salt water intrusion, wastewater pretreatment programs and monitoring wells and through enhanced quality control programs which provide early detection of possible contamination. Policv B-3.2 The City shall maintain provisions in the program for raw water supply to require only minimal reliance upon wells which are subject to salt water intrusion. Objective B-4 The City shall provide for the enhancement of the quality of its water through implementation of the following: Policv B-4.1 Annual consumer confidence reports which describe the current condition of potable water, including at a minimum, water quality, consumption trends, and treatment methods, shall be distributed to residents. PF-15 Policv B-4.2 Whenever the opportunity occurs to uncover or examine an existing water main, an inspection shall be conducted relative to the presence of asbestos cement in the main. The results of each such inspection shall be logged and made a part of the Operation and Maintenance Plan. Policv B-4.3 The City shall assist in discouraging urban sprawl within areas of County jurisdiction by denying requests to make water service available outside its existing Planning Area to areas which could be developed at low density with City water facilities. Policv B-4.4 The City shall continue ' ~, roci i,~+~c~~~t~+~~~~~on+ ~+i i~J" ~n ~n offnr+ to meet the EPA stage 2 disinfection by-product rule requirements. Objective B-5 The City shall Te ensure that there is an adequate water supply to meet existing and projected potable water needs in emergency and nonemergency situations, with the recognition that development which increases density also increases the demand for water_ Policv B-5.1 The City shall adopt a 10-Year Water Supply Facilities Work Plan based on the availability and appropriate use of regional water resources and the combined use of alternative water supplies. The Work Plan shall be consistent with the City's Water Use Permit renewals. Policv B-5.2 The City shall consider the most current version of South Florida Water Management District's Lower East Coast Water Supply Plan and Regional Water Plan in developing a 10-Year Water Supply Facilities Work Plan. Policv B-5.3 The City will use the Water Supply Facilities Work Plan to prioritize and coordinate improvements to the City's water supply system. Policv B-5.4 The City will maintain a current five-year schedule of capital improvements to the Water Supply System. GOAL AREA "C" SEWER COLLECTION SYSTEMS AND WATER DISTRIBUTION SYSTEMS SHALL BE PROVIDED TO UNSERVED AREAS, AND EXISTING SYSTEMS SHALL BE UPGRADED /N SUCH A MANNER AS TO PROVIDE FOR THE PROTECTION OF THE ENVIRONMENT THROUGH AN ACCELERATED IMPROVEMENT PROGRAM. PF-16 Objective C-1 The condition and inventory of the water and sewer systems shall be kept current through regular updates of the City atlas and surveillance programs. Policv C-1.1 The water distribution system atlas shall be maintained on an on-going basis and shall reflect current system inventory. Operational characteristics will be maintained utilizing an asset management program such as the Hansen Data Base Program, which a~ shall be used in the planning of system extensions and upgrade requirements. Policv C-1.2 The wastewater collection and transmission system atlas shall be maintained on an on-going basis and shall reflect current system inventory. Operational characteristics will be monitored by radio telemetry and surveillance programs, and shall be used in the planning of system extensions upgrade requirements. Objective C-2 Upgrading of sewer and water facilities shall occur as quickly as possible based on available funding s ;~Qeeefc~t°^' ^^"^^'~ ~'^. 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 ^~~^Y ° , ~ „^°Y +. ^,^ frnm^ by 2015 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 ~ ~ ° ' ~ "°°~ +. ^,° fry by 2015. Objective C-3 'a'~C~ Installation of wastewater collection facilities shall be programmed and provided when the need is demonstrated. Policv C-3.1 New development shall be responsible for extending sewer service to and through the land to be developed. Said extensions shall meet the City's performance standards. Policv C-3.2 Upgrading of existing wastewater facilities shall be provided for through annual appropriations in the capital improvement program. PF-17 Objective C-4 ~er~+^~~ Installation of potable water distribution facilities shall be programmed and provided when the need is demonstrated. Policy C-4.1 Upgrading of existing potable water facilities shall be provided for through annual appropriations in the capital improvement program. Policv C-4.2 New development shall be responsible for extending water service to and through the land to be developed. Said extensions shall meet the City's performance standards. Objective C-5 Capital raised through the water and sewer enterprise funds shall be allocated as required by bond covenants. °11n^~+i^n~ ~h~ii in^~„~^ +h^~^ in +h^ fnlln~n,in, ^nlini^c Policv C-5.1 Transfers from enterprise funds to the general fund are made only for the fund's proportionate share of administrative costs and an in-lieu of tax payment. Policv C-5.2 Annual allocations shall be provided for upgrading system components (i.e. manholes, hydrants, etc.) in the Water and Sewer Renewal and Replacement Fund. Policv C-5.3 Upgrading of existing systems to construction and level of service standards and extension of new facilities to unserviced, inhabited areas shall be financed through appropriations in the Water and Sewer New Capital Outlay Fund. Policv C-5.4 Priorities for projects shall also consider other improvement projects (e.g. street construction and drainage) in establishing priorities. Objective C-6 The City Commission in its role with the Board of the South Central Regional Waste Water Treatment Plant shall examine ways in which increased costs associated with capital expansion can be avoided with respect to property owners within the City. Policv C-6.1 The Level of Service of the waste water treatment plant is hereby established as ~-~d,~o~pC~115 gpcd up to the plant capacity of 12 mgd, in addition to the specific requirements of Boynton Beach ~^nnnni+„ .di.,irl^,~ h., ^ff^^+i.,,, Policv C-6.2 T",z-oTt" ~~' n ~'hnll~ n~i^~ +^ ^Commitments by the South Central Regional Waste Water Treatment Board for capital expansion at the wastewater PF-18 treatment plant, are based on a 50%/50% cost sharing by the City of Delray Beach and the City of Boynton Beach. Tc°Tr°cgQt~a+~ nor~"'N"`+inn fnrmi ilo fnr ci i~ un__v~non~cinrt hnc+nrl nn rnln+ivn nnni iln+innc+ nn.J i ic+nnn n+ +hn +imn of +hn nvnnnc+inrf. Costs related to operating the plant is based on the usage of Delray Beach and Bovnton Beach respectively Dili _L: Z Thrni inh i+c mnmh~~in nn ~G~Cni i - - -- - +h ('nn+rol R nol \A/oc+n~nio+~ -- r vrr ~r~~rrc n rr,~ ~ vrr vQC rcrrvcrrcrrn rT ccvrccc > mnni+nr +hn imnnn+n of +hn nffL inn+ frnm +hn nnnnn ni i > +fnll D.,i~..., ~_~.n policy C-6.3 Average and peak flow design capacity for the Regional Wastewater Treatment Plant shall be ~ 24 mgd and 30 mgd respectively. Thus, capacity need shall be monitored by the South Central Wastewater Regional Treatment Plant Board. GOAL AREA "D" A COORDINATED AND COMPREHENSIVE PROGRAM FOR THE PROVISION OF ADEQUATE OFFICE FACILITIES FOR THE CONDUCT OF CITY BUSINESS SHALL BE CONTINUED. Objective D-1 Provisions are to be implemented to maintain and upgrade existing public facilities to a state of the art ~°+~in +hn onnnn+ohln level of service fey and improve the appearance of the fns facilities.~te-n~~t-~i~t#c~R~ i'i+~~~~t#c~^~tc~t#c~t~fa;~ on~~~+goll~rt~~~-ni inh ~ fnlln~niinn ~~~n~~~ Policy 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. Policy 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. Policy D-1.3 All new construction projects shall be in accordance with Federal guidelines on accessibility. The City shall make modifications to existing facilities that are easily achievable without great expense, such that the facility will be in accordance with Federal guidelines on accessibility. PF-19 GOAL AREA "E" PROPERTY DAMAGE AND INCONVENIENCE TO THE PUBLIC CREATED BY FLOODING AND POOR STREET CONDITIONS SHALL BE SUBSTANTIALLY REDUCED AND, WHERE POSSIBLE, ELIMINATED THROUGHOUT THE CITY. 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 identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Policv E-1.1 Criteria for determining project priorities shall be as defined in the Stormwater Master Plan, and based upon correcting current, localized problems. Policv E-1.2 Minimum design standards for determining the scope of drainage projects shall be such as to establish a level of service at least equal to the standard of retaining the first one inch of runoff for the entire site, or 2.5 inches of water storage times the percentage of impervious area, whichever is greater, to protect water quality. Policv E-1.3 Storm water drainage regulations which provide for the protection of natural drainage features and ensure that development utilizes storm water management systems which are compatible with this objective shall be retained. Policv E-1.4 The City shall maintain through regulations the minimum design storm return frequency for stormwater facilities capacity. Policv E-1.5 The City shall protect and enhance surface water quality through the full implementation of programs and activities included in the National Pollutant Discharge Elimination System (NPDES) permit. Policv E-1.6 The City shall ~^~~^~^^ ~n~ im^I^m^n+ maintain a stormwater mapping system and maintenance program for storm sewers and structures. Objective E-2 Drainage improvements and flood control measures shall be financed through the Stormwater Utility Fee. Funded projects shall be located throughout the City as opposed to being concentrated in a single quadrant. The fee shall be reassessed upon completion of the program. 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. PF-20 Policv E-3.1 The program of resurfacing streets shall be maintained with at least the current funding level. nnni inl ~ninrL r~rnrvrnmc+ nnrl nlln~ni nn i im fi inrlin rv rlcnic~ ?~nn m n J~ nn i~~~~-nnmr~l~t~ h~i ~V ( li /(17 7(li (1/i i o nrJ ~niill or ~n ~ JrJrncc~~n nm T~j nf ~I~ ~ ~ ~ ~ > > > > nn mcvrrt~ccccr. Policv E-3.2 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 ~ 2010. GOAL AREA "F" THE NEED FOR ENHANCEMENT OF PUBLIC FACILITIES AND THE PROCESSES USED TO IDENTIFY, PRIORITIZE, AND FINANCE IMPROVEMENTS SHALL BE PUT FORWARD /N A MANNER WHICH IS EASILY UNDERSTOOD BY THE PUBLIC AND IS CONSISTENTL Y AND EQUITABL Y APPLIED. Objective F-1 Public knowledge and understanding of public facilities and infrastructure planning shall be assured through continuation of the following practices: display of system maps for water, sewer and drainage in City Hall; ready availability of the Five Year Capital Improvement Plan; prominent display of pamphlets, innovative methods and website additions addressing water conservation, solid waste disposal, and other subjects relative to public facilities. Objective F-2 Public awareness of the methods used to determine public improvement activities, and public input to the process, shall be encouraged. ~h`'^"nh +hn nnn+ini inrJ imnlmm~n+o+inn of +hn fnlln~niin.-.• - Policv F-2.1 Public input through testimony received at public hearings, advertised and held before the Local Planning Agency, shall be solicited annually during winter months in order to identify geographic areas which are most in need of improvements. Policv F-2.2 Criteria, as identified in the Capital Improvement Element, shall be followed in the establishment of priorities for construction of public facilities. On an annual basis, the Local Planning Agency shall forward to the City Commission a listing PF-21 of new or revised priorities with written findings as to the relationship of projects to those criteria. Policy F-2.3 Once established, program priorities shall not be altered except as allowed in the policies established for implementation of capital improvement programming. PF-22 C O A S T AL MANAG E M E N T EL EMENT OF THE COMPREHENSIVE PLAN CITY OF DELRAY BEACH BACKGROUND The text of the Element is a summary of the complete inventory, analysis, and recommendations which are contained in the following source documents: ^ Delray Beach Coastal Management Element (Coastal Planning & Engineering, Inc., 1989 ^ 1996 Evaluation and Appraisal Report (City of Delray Beach, 1996) ^ 2006 Evaluation and Appraisal Report (City of Delray Beach, 2006 The source documents, and other documents which are cited in the Element, are available for public review at the Planning and Zoning Department Offices located at 100 N.W. 1 st Avenue, Delray Beach, Florida. INVENTORY AND ANALYSIS i etin i ic~c General The City's Coastal Planning Area encompasses approximately 629 acres, bounded by the north and south City limits, and running from the Atlantic Ocean to a point approximately 200 feet west of the Intracoastal Waterway. The Coastal Planning Area includes the barrier island, the Intracoastal Waterway, and the Waterway's west shoreline. The length of the beach front is approximately three miles, ewe-h-~I# approximately one mile of which is owned by the City. The barrier island varies in width from 1,000 to 2,000 feet. The land area on the barrier island is essentially built-out with only individual CM-1 lots available for development. The land use is overwhelmingly residential with more than half the area zoned for single family detached housing. Commercial land uses are found along Atlantic Avenue and George Bush Boulevard. On the west side of the Intracoastal Waterway, most of the remaining vacant land is located north of George Bush Boulevard. This area is addressed in a redevelopment plan (North Federal Highway Redevelopment Plan) jointly authored by the City and the Community Redevelopment Agency and adopted in March 1999. In other areas west of the Intracoastal Waterway, only isolated infill lots remain. The Coastal Planning Area and its land uses are depicted in Map #23. Table CM-1 presents the acreage distribution of the land uses. There are no land use conflicts along either the beach front or the Intracoastal Waterway. There are no barrier island areas which are in the need of redevelopment. As noted, a portion of the North Federal Highway Redevelopment Area lies within the Coastal Planning Area. TABLE CM-1 COASTAL PLANNING AREA LAND USES LAND USE I AREA I % OF TOTAL (acresl AREA Residential ~9 553.6 ~9 88.0 Commercial 27.5 4.5 Industrial 0.0 0.0 Vacant 3~ 6_4 ~-9 1_0 Recreation & Open Space 39.0 6.0 Education, Public & Other 2.5 0.5 TOTAL 629.0 100.00 Water-Dependent and Water-Related Uses Water-related uses are depicted in Map #24. Water-dependent uses include only the beach itself and four marinas along the Intracoastal Waterway (Delray Harbor Club, Delray Beach Yacht Club, Ocean City Marina, and the City's Marina). Water-related uses include docking facilities and private marinas which are secondary to residential use. ~e Three City parks provide water-related amenities: Veterans Park, with fishing and short term dockage, a~ Knowles Park, with boat ramp facilities, and Mangrove Park. with boat rams facilities. There are no needs for additional water-dependent sites relative to meeting level of service needs of the Delray Beach Planning Area. However, there is a desire to provide CM-2 additional water access ra"'rrrp-'aE~s~t~~~}t~{~e-t~~~~-'ac~s~~ ° `cn°--'ari~rv~r°c°cc~~v~ through continued enhancement of Intracoastal and beach access opportunities, including enhancement of street ends that abut the Intracoastal Waterway. Conflicts Among Shoreline Uses There are no conflicts with future development (since there is minimum potential for future development). The most significant potential for conflict occurs with the preservation of the dune system and its vegetation while still providing accessibility to the beach. Continuation of existing beach and dune management programs will avert any such conflicts. The City is nearing completion of the implementation of the dune management plan adopted by the City Commission in January, 1995. The plan calls for removal of invasive exotics (primarily beachberry~ and replacement with indigenous species, replicating the diversity of native dune environments. The continued vitality of this ecosystem is to be retained through maintenance activities by the Parks and Recreation Department. There are no fishing piers, public docks or other traditional shoreline fishing areas along the ocean shoreline. Economic Base The planned economic character of the Coastal Planning Area, as depicted on the Future Land Use Map, is the same as exists today. This character is generally residential, with limited commercial development, providing support for both residents and tourists. The economy of the Coastal Planning Area is reflective of the economy of the City as a whole, and in turn, of the region. It is a service economy based upon full-time residents. There is, however, a significant tourist and seasonal component within the economy that is oriented toward the beach resource. Infrastructure Public infrastructure facilities in the Coastal Planning Area include water and sewer systems, storm drains, and streets to serve the built out character of the area. Future infrastructure improvements will be those to assure that the Coastal Planning Area receives the same level of service as the rest of the City. °c+ti inrin° °n,iirnnm°nt CM-3 On the barrier island, the existing infrastructure systems for potable water, sewer, and streets accommodates existing development. There are ~-s plans for installation of additional facilities to accommodate water reuse distribution lines to meet irrigation demands throughout the barrier island. This is scheduled in the City's CIP (Capital Improvement Program) over the next four years (2008-2012 ^Y +h° °vr~nnc+inn of +h°c+° . Level of Service The level of service for each infrastructure component in the Coastal Planning Area is the same as that for the rest of the City. Historic Resources There are two locally designated Historic Districts in the Coastal Planning Area. They are the Nassau Street Historic District and a portion of the Marina Historic District. There are ##ree ten individually designated structures ^'°c~ on the local historic register. Those designated areas and other potential historic sites are shown on Map #8 in the Future Land Use Element. The City has a Historic Preservation Ordinance which is administered by the Historic Preservation Board. That ordinance requires issuance of a Certificate of Appropriateness by the Board prior to modification or new construction on f^Y properties in Historic Districts and on individually designated sites. There are no conflicts between the Future Land Use Map and historically designated sites. Dredge Spoil Disposal Sites No dredge spoil disposal sites have been identified as needed within the City throughout the planning period. BEACH AREA General The beach area in Delray Beach consists of the barrier island lying east of the Intracoastal Waterway. The ocean shoreline is approximately three miles long. Of that frontage, the City is the upland owner of the 1-2~mile Municipal Beach; and Palm Beach County owns, and the City leases, the south 100 feet of the 500 foot long CM-4 Atlantic Dunes Park. The remaining approximately two miles ^n^'~-~ is adjacent to private lands. Permit conditions of the Beach Nourishment Project required the City to plat the Erosion Control Line (ECL), to fix the location of the mean high water line. Therefore, the sandy beach east of the ECL throughout the City is ~~^~ vested in the State pursuant to F.S. 161.191 Management of Natural Resources Natural resources consist of the beach/dune ecosystem and the offshore reef. Maps depicting remaining natural resources and areas subject to coastal flooding are provided in Map #25 and Map #26. In Delray Beach, there is a single offshore coral reef, in approximately 55 feet of water. Long term monitoring indicates this reef to be one of the healthiest and most diverse reef environments in the region. Between the reef and shore is sand bottom, there are no hard bottom areas or reef or rock outcrops. The City has one of the premier beach erosion control and nourishment programs in the State. In 1973, the City constructed an initial beach restoration, placing 1.6 million cubic yards of sand in a 2.7 mile project area by hydraulic dredging from an offshore borrow area. Maintenance nourishment projects were constructed in 1978, 1984, 1992, and 2002. In 2005, emergency storm repair fill was undertaken to offset beach erosion associated with Hurricanes Frances and Jeanne, which impacted the area in 2004. Beach restoration and maintenance is an on-going project, with periodic maintenance nourishments. The next required nourishment is projected for the year ~9 2012. The beach nourishment project has successfully provided storm protection for upland property. Since 1973, there has been no damage to upland property due to erosion or storm damage. Beach nourishment has proven to be a very satisfactory solution to long term erosion. This method reacts in a similar manner to natural beaches, providing a flexible buffer to the impact of storm waves. In addition to recreation and storm protection, beach nourishment has recreated a habitat for nesting sea turtles. The City has recreated a dune system at the Municipal Beach through a long term program of reconstruction and maintenance. Over the years, this has resulted in a distinct foredune and primary dune, vegetated in native species. In Atlantic Dunes Park, portions of the natural dune have survived. This remnant dune has been augmented with pioneer vegetation to recreate a foredune, and the entire dune system has been protected and enhanced. Adjacent to privately owned properties, remnants of the natural dune have also survived. Many property owners have undertaken vegetation projects similar to those of the City to recreate a vegetated foredune. The City has had an on-going sea turtle conservation program since 1984. An average of X98 190 turtles per year nest in the City. This program includes nest monitoring and protection, and data collection such as nesting and hatching success. The City also CM-5 maintains lighting restrictions during the nesting and hatching seasons. Other management practices include monitoring of both the beach, nearshore and reef environments, beach cleaning, and dune maintenance. Beach Access The following existing provisions have been made for public access to the beach: ^ ~ 663 parking spaces along SR Al A, Atlantic Avenue (east of the Intracoastal), and in six municipally maintained off-street parking areas; ^ 33 designated and controlled pedestrian access points are provided to the more than one ^n^' nnn h^If miles of public beach. The full extent (three miles) of the beach is accessible from these points; ^ SR Al A runs parallel to the beach. The road functions at an average daily level of service (LOS) standard "C" north of °+'^n+;^ °"nni i° Linton Boulevard, with LOS "D" south of At~a~~e+~e Linton Boulevard, and is projected to function at LOS "D" throughout in ~5 2010. This level of service is acceptable in light of the status of SR Al A as a policy constrained facility. Three bridges provide east/west access to A-1-A. The arterial streets along two of these routes have direct access to I-95. Accessibility of the beach is excellent. ^ In addition to automobile access, the hn~cacR downtown area is served by the County- wide public bus system (Palm Tran). The beach area is located adjacent to the downtown, and is linked to it via a city shuttle system providing access to the beach area at Atlantic Avenue and Al A. ~t#e ~~~t#c~t~t#r^~„ t#~.~~4RTk ~. In addition, bicycle parking facilities are provided throughout the beach area. INTRACOASTAL WATERWAY General Technically, there is no estuarine environment in the Delray Beach Coastal Planning Area. The Intracoastal Waterway has been channelized throughout the City, and most of the shoreline is protected by seawalls. The natural areas which remain are not estuarine in a technical classification. However, the City and other responsible agencies consider it to be more than a transportation route and its estuarine features should be protected. Maps depicting remaining natural resources and areas subject to coastal flooding are provided in Maps #25 and #26. There are no significant areas that support manatees in the City, and the estimates of manatee sighting is relatively low. Even so, the City supports speed restrictions in the Intracoastal Waterway designed to protect this endangered species. Three publicly owned parcels which front the Intracoastal have potential as preservation areas. The sites include Florida Inland Navigation District Parcels MSA 645 and 650, CM-6 and the City-owned Donnelly Tract. All three sites have conservation land use designations and are zoned as conservation or open space areas. One of the most significant activities to be undertaken along the Intracoastal involves the preservation of these sites. There are no known point sources of pollution along the Intracoastal Waterway other than places where storm water systems discharge into it. Implementation of projects and programs under the National Pollution Discharge Elimination System (NPDES) permit, together with standards already adopted in the Land Development Regulations for new construction and reconstruction, will bring the City in line with state and national standards for the quality of storm water runoff. Access ^ ~e Three public parks (Veteran's Parkl Knowles Park, and Mangrove Park) abut the Intracoastal Waterway. Knowles Park and Mangrove Park each provides two boat ramps. A municipally operated marina (22 slips) with a dock master is located on the Waterway. ^ There are numerous private slips and private marinas (associated with condominium development) and three commercial marinas along the Waterway. ^ Several street ends provide public access points to the Intracoastal Waterway where they intersect its right-of-way. NATURAL DISASTER PLANNING General Natural disaster planning in the Coastal Planning Area involves all disasters, including hurricanes, tornadoes, floods, freezes and droughts. Due to the City's geographic location, the emphasis is directed toward hurricane response, including hurricane preparation and evacuation, post-storm evaluation and clean up, and long term post disaster redevelopment. Hurricane response plans are fully discussed in the City of Delray Beach Comprehensive Emergency ~e~tfe~a-s~~ic~e Management Plan. The City has designated the Natural Incident Management System (NIMS) as the City's incident management standard for emergencies (including hurricanes) occurring within the city (Resolution 51-05). City personnel training is regularly updated through annual and pre-storm briefings, as table-top exercises. Coastal High Hazard Area The Coastal High-Hazard Area, as defined in 9J-5.003017), is the evacuation zone for a category 1 hurricane as established in the regional hurricane evacuation study CM-7 applicable to the City. For Delray Beach, this study is the ; =1^rirlno rfn ~.,n^, in+inn C ~i fnr Tr r° ('noc+ /Dnc+ Ri i I Chi ih Q. I n i QQ4\ ~t~Tca~ Ek~e~~~er+~i~a,,;-r~~~7 Treasure oast Transportation Analysis Hurricane Evacuation Study Update (2003. The western limits of the area are generalized in Map #27. The site-specific limits of the coastal high hazard area are based on vertical ground elevations below 6.3 NGVD. Therefore, significant portions of the area mapped in Map #27 are not, technically, in the Coastal High Hazard Area due to property elevation. The actual evacuation area in Delray Beach consists of the entire barrier island, together with mobile home parks, as directed by the Palm Beach County Division of Emergency Management. These areas are evacuated more because they can be isolated from emergency services than the threat of flooding. Evacuation Planning Planning for evacuation is accomplished under the auspices of the Palm Beach County Division of Emergency Management. A coordinated program exists between that agency and the City, based on the Hurricane Evacuation portion of the Palm Beach County Comprehensive Emergency Management Plan. In Delray Beach, all of the barrier island would be evacuated in a category 1 hurricane, together with mobile home parks. In the case of more intense hurricane categories, the evacuation area would be expanded as stated in the City of Delray Beach Comprehensive Emergency nnnrn+innc+ ~, ,i,~^ Management Plan. Three evacuation routes are designated, all of which have bridges over the Intracoastal Waterway. Bridge operations are directed by the Coast Guard and Palm Beach County Emergency Management Division to assure safe evacuation. The evacuation routes are: ^ George Bush Boulevard to I-95, via Swinton Avenue and Atlantic Avenue ^ Atlantic Avenue to I-95 ^ Linton Boulevard to I-95 In summary, the significant aspects of hurricane evacuation planning include: ^ Within the City of Delray Beach, there T#eKe is an existing population of approximately ;~ 7,120 within the Coastal High Hazzard Area, of which approximately 3,711 reside on the barrier island (~~ 2000 U.S. Census Tr°'~T ^ Evacuation routes can accommodate the population of the Coastal High Hazard Area with an evacuation time of 7-10 hours. ^ There ~~Q is one designated °n^' ^n° ~°^°~~~° hurricane shelters Atlantic Community High School) in the City limits, with a total capacity of X59 5,760 based upon a standard of 20 sq. ft. per person. CM-8 ^ There are no constraints to evacuation other than localized street flooding along evacuation routes and backlog traffic on I-95 and the Florida Turnpike, the regional evacuation routes. ^ There are no hospitals or facilities for groups with special needs in the Coastal Planning Area, except for a life care retirement community with a nursing home component on Linton Boulevard, on the west side of the Intracoastal Waterway. ^ No significant changes in these conditions would be created through development allowed by the Future Land Use Map. Long Term Post Disaster Redevelopment Post disaster redevelopment will replicate the existing land use pattern and character in the Coastal Planning Area. The Coastal Planning Area will remain primarily residential with a high level of public access to the beach. Commercial uses are restricted to the area along Atlantic Avenue and its intersection with SR Al A. Except as provided in the one-year grace period for post-disaster reconstruction, all redevelopment will be required to conform to existing criteria as described in the Land Development Regulations. In addition to local regulations, the rules and regulations of the Florida Department of Environmental Protection regarding shoreline development (i.e. Erosion Control Line, Coastal Construction Control Line) have been incorporated by reference in the Land Development Regulations. NEEDS AND RECOMMENDATIONS ^ °n^~ Continue efforts to take over management of FIND parcels 645 °-~d-~Q. ^ There is a desire to provide additional water access to the Intracoastal Waterway through additional marinas or boat ramp access, and to continue to enhance beach access. Since the last Comprehensive Plan EAR in 1996, the City has developed Mangrove Park which provides additional access to the Intracoastal Waterway and includes two additional boat ramps. flo~iolnr~ o r~rnrrrom fnr +ho rJo~iolnr~mon+ of ~Il~lfl r~ornol nnc° ~~(1 oc o r~rocor~ro+inn ^ Retain existing street end access to the Intracoastal Waterway and consider developing those sites as limited use mini-parks. ^ Implement the projects and programs under the National Pollution Discharge Elimination System (NPDES) permit to control the quality of stormwater runoff. CM-9 D~R~AY BF~~ ~OR/DAN COASTAL PLANNING AREA EX/STlll~ LAND USES 1NAP #23 LEGEND: - Pueuc FACILmEs RECREATIDN~DPEN SPACE !k CDNSERVATIOSV VACANT de AGRICULTURAL RESIOENf1AL - CDAANERCL+4L PLANNING AREA _ _ _ (ULTIA~ATE CITY 80UNDARY} I All LE I GRAPHIC SCALE CRY OF DELAAY BEACH. FLORIDA PLANNING ds 20NING DEPARf1AENf MARCH 20>78 TOWN OF GULF STREAK BL D. GULF STf2EAM ~ ~ Cl TY OF B~JYNTON • 6FAC1-I ~ ~ d a ~: w~ _~ ~~ Q a ~~ P ~ w U' z ~ 3 U ~, a W N .BUSH ~ BLVD. ^ a N.W. 2ND 5T ~- ~ + ATLANTIC AVE. S. W. 2ND 5T j 7 ~ Q } ~ 1 _ = C.7 J ~ ~ = H ~ a ~ '~ ~ w a Q U7 U7 p ~ ~ w ~ ~ - + / O 1 5. W. ~i 10TH 5T ~ ~ ~ ¢ ~ ~ ~ ~ ~ 3 ~ ~y V LINTON BOULEVA RD 1 ~ ~ ~ ~ 3 Gy a~ ~ r U W ]- 1 ~ 3C ~ rd ~ v ~ z` a ~• ~ TOWN OF HIGHLAND BEA CN C 15 CANAL r arY of _ 80CA RA rDN CM-10 C~R~A ~~~ ~~D N COASTAL WATER RELATED USES MAP #24 LEGEND: COMMERCIAL MARINA CITY MARINA . VETERANS PARK S KNOWLES PARK {60AT RAMPS) MANGRQVE PARK {80AT RAMPS} ^ PUWNING AREA (ULTIMATE CITY 6allNDARY} N ~ MILE ~ GRAPHIC SCALE CIiY OF OELRAY BEACH, FLOPoOA PLAIJNING de ZONING QEPARTMENT MARCH 200® cc rY OF ' @OYN TON BEA CN [ -~- :~~ 1DA N.W. 2N ~ ST ATLANTIC AVE. S.W. 2N6 5T ~ ~ S. W. w 10TH ST Q ~~ LINTDN BDULEVA RD C-15 CANA~ CITY OF BOCA RR rOr'V STREAM F I!! W d' U Q w W } 3 J w 0 w w rQwrv of GUFF 57REAM J c. eusH eLVO. O ~ ~ a q } p ~ ~' ~ f~- 3 IQ !^ R ~ J yy i ~ V a 8 v ~ z v ~` ~ ~ 1 ~, a~ ~ i Q ~ a ~ w ~ ~ rf rawn~ OF NrGNZAn~o BFA CI-I CM-11 D~R~AY~FL~D N COASTAL NATURAL RESOURCES MAP A~25 LEGEiVD: BEACH ~ DUNE HABffAT rrrrr COASTAL SCRUB HABffAT xxxxx ATLANTIC OCEAN/OFFSHORE REEF INTRACOA5TAL WATERWAY HABffAT ~ (INTRACDASTAL ffSELF) PLANNING AREA (ULTIhIATE CffY ®OUNDARY} N I IAILE I GRAPHIC SCALE CITY OF Q€LRAY 9EACH, FL.ORIOA PLANNING 8 ZONING I7EPARTAIEHT h~lARCH 2008 TO WfV OF GULF STREAM 8LV GULF STREAM r ~ ~ ~ 1 _z a ~~ z~ Q ~ Q m w 2 ~ ~ O ~ z ~ ~ U V1 Lil ~ G. BUSH ~ BLVD. ^ ~ ¢ a e N.E 2 ^ ¢ a ~ k' ^ a TLA TIC AVE. ^ 5.E 2ND r 3 ~ x ~ J = F J ~ ~ 11 o ~ ~ o ~ w ~ = ~ S.E. _ ~ ~' ~ 1 DTH 5 ~ "'- ~ ~ a ~ x j ~ # +{ LINTDN R BLVD. ~ 0 ^ + ~ 1 ~- ` v x ~ T4 WN OF ~' HIGI-ILAND BEACH C-15 CANAL C! FY 4F 84CA RA T4N CM-12 C~R~AY~BEA~~ ~~D N COASTAL AREAS SUB]ECT TO FLOOD/N6 MAP #26 I LEGEND: SPECIAL FLOOD HAZARD AREA INUNDATED BY 100 YEAR FLOOi] AREAS OF 5D0 YEAR FLOOD AREA DETERMINED TO BE OUTSIDE NOT THE 500 YEAR FLOOD PLAIN COLORED PLANNING AREA [llLTIMATE CffY BOUNDARY) SOURCE: FLCOD INSURANCE RATE MAP, TREASURE COAST JURISDICTION OF PALM BEACH COUNTY, JANUARY 1989.[FEDERAL EMERGENCY MANAGEMENT AGENCY, N ~ MILE ~ GRAPHIC SCALE CRY OF OELRAY 6FACFi, FLORIDA PLANNING de OOHING DEPARfIAEdiT MARCH 2006 TO N7V ~F G ULF STREAM BL GULF STREAM CITY QF z ~ BgYNTC]N BEACH ^ O W ~ t` ~ z ~ ~ Q a Q a a ~ ~ ° z ~ 3 U ~, ~ a N SH ^ LV i N.W. 2ND ST } ~' J^ 3 95 ATLANTI C AVE. r a 3 S. W. 2ND ST ~ J ¢ ! 7 ~ ~ r o ^ w ~ ~ ~ ~ J H ~ ~ a g Q t' '' 0 rri ~i ~ ^ ! V ~ 5. W. 10TH ST ~ "~ ~ ~ ~ ~ Q ~ ~ ~a x c~ 1 ~y LI N TON BLVD x ~ V ~ ~ x' ~ DC O x rr U }. 1 F ~ x ~r Q r ~ ~ ~ ~ ~ rowrv OF ~ ~ HIGHLAND r¢- BEACH A A ^ CITY OF BOCA RATDN CM-13 ~a~er~eF.a~cM ~i~o N COASTAL HIGH HAZARD AREA - rp~auzen ueurs - MAP #27 LEGEiVD: GENERAU2ED LIMffS OF THE CDASfAL HIGH HAZARD AREA PLANNING AREA (ULTIMATE CffY BOUNDARY} - SOURCE: FLORIDA HURRICANE SURGE ATLAS, TREASURE COAST JURISDICTION OF PALM BEACH COUNTY, NOVEMBER 1993. {U.S. ARMY CORPS DF ENGINEERS, JACKSONVILLE DISTRICT} NOTE: INFORMATION DN THIS kiAP ES A GENERALIZED REPRESENTATIGN OF A CATEGORY 1 HURRICANE SURGE LIMB. PLEASE CONSULT THE SOURCE ATLAS FGR THE PRECISE Lll~lff. N I IAILE I GRAPHIC SCALE CITY OF O€LRAY 9EACH, FL.ORIOA PLANNING 8 ZONING I7EPARTIJEHT h~IARCH 2008 TC WN OF GULF STREAM BL ^. G~JLF STREAM Cf TY CF ~ x ~. so rN rarv ~ BEACH 1 Q w ~ o ~ ~ ~ W ,~ ~ ~~ J z ~ m Q rrf ~0~ _~ Q W Ci z ~ ~~ a ~, w N s a~as e~w. ^ ~ ~ 4 ~ N.W. 2ND 5T a ATLANTIC AVE. S.W. 2N^ 5T ^ 7 ~ Q Q A6 a t ~ ~ ~i N o y I 'v S. W, w~ 1UTH ST ~ ~ ~ r ! ~. 0 1J r~ 3 ~ ~ LINTON BOULEVARB ~ ¢ i ~ ~ 3 ac fr ~i ~Q n x ~ J ¢ t U x ~ J fn ~ ~ LJ _k ~ ~ f.7 a ~; ,~ ~ Ta WN OF NfGJ-1ZAIVD BEACM C-15 CANAL CITY OF BOCA RA TON CM-14 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" PROTECTION OF NATURAL COASTAL ENVIRONMENT Objective A-1 Coastal Management Programs Policy A-1.1 Environmental Assessment Required Policy A-1.2 Water, Sewer and Storm Drainage Policy A-1.3 Dune and Beach Studies Policy A-1.4 Private Beach Access Policy A-1.5 Sea Turtle Protection Objective A-2 Intracoastal Waterway Policy A-2.1 FIND Parcels 645 and 650 Policy A-2.2 Storm Water Runoff Policy A-2.3 Multi-Jurisdictional Impacts Policy A-2.4 Boating Facilities Objective A-3 Ocean Outfall Objective A-4 Intergovernmental Regulation/Management Policy A-4.1 Countywide a°°nh°^ onrJ Chnr°c Coastal Council Policy A-4.2 Program Implementation Participation Policy A-4.3 "Countywide" Application of Regulations GOAL AREA "B" ECONOMIC DEVELOPMENT Objective B-1 Accessibility Policy B-1.1 Public Parking Policy B-1.2 Additional Marina Facilities Policy B-1.3 Public Beach Access Policy B-1.4 Street Ends Policy B-1.5 Deep Water Artificial Reef Objective B-2 Historic Preservation Policy B-2.1 Marina Historic District Policy B-2.2 Individual Historic Structures CM-15 Objective B-3 Beach as an Economic Resource Policy B-3.1 Ocean Boulevard Streetscape Policy B-3.2 Beach Use Restrictions GOAL AREA "C" DEVELOPMENT AND REDEVELOPMENT Objective C-1 Historic Preservation Policy C-1.1 North Portion of Marina District Policy C-1.2 Southernmost Portions of Marina District Objective C-2 Levels of Service Objective C-3 Future Development on the Barrier Island and Marina Historic District Policy C-3.1 Consistent Zoning Policy C-3.2 Maintain Intensity, Infill Connection to Stormwater and Sewer Systems Policy C-3.3 Reconstruction Limitations Policy C-3.4 Development Concurrency Policy C-3.5 Post-Disaster Redevelopment Grace Period Objective C-4 F.I.N.D. Parcels Policy C-4.1 Transfer of Jurisdiction to City Policy C-4.2 Future Use Objective C-5 Prioritizing Shoreline Uses Policy C-5.1 Shoreline Land Use Priorities Objective C-6 Construction Standards Policy C-6.1 Coastal Construction Control Line and Erosion Control Line Objective C-7 Limit Public Expenditures GOAL AREA "D" PROTECTION, DISASTERS, REDEVELOPMENT Objective D-1 Emergency Preparedness Plan Policy D-1.1 Hazard Mitigation CM-16 Policy D-1.2 Annual u, irrinnnn (lnnrntinnc+ Dlnn Comprehensive Emergency Management Plan Review Objective D-2 Hurricane Evacuation Times Objective D-3 n.,~+ n,~~~+o~ Qo.~o.,oi.,.,.,,o.,+ Comprehensive Emergency Management Plan Annual Review Policy D-3.1 Immediate and Short-Term Aspects Policy D-3.2 Land Use and Character Policy D-3.3 Reconstruction Limitations Objective D-4 Protection Re Water Related Damages & Safety Policy D-4.1 Seawalls Policy D-4.2 Intracoastal Waterway Speed Restrictions CM-17 GOAL AREA "A" THE CITY SHALL CONTINUE ITS PROGRAMS FOR THE PROTECTION, CONSERVATION, AND ENHANCEMENT OF THE NATURAL COASTAL ENVIRONMENT AND SHALL UNDERTAKE ADDITIONAL ACTIVITIES WHICH PROTECT THIS FRAGILE ENVIRONMENT. 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 Meetings at City Hall, and on the City's website. Comment: The above programs all exist within the City's Coastal Planning Area and are already institutionalized. These existing programs meet the intent of 9J-5.012(3)(b) 1, 2, 4, 5 and (c) 2. Policv A-1.1 Any development proposal for property within the Coastal Planning Area which has the potential to adversely impact wetlands, wildlife habitat, living marine resources, and/or the beach and dune system shall be subject to the requirement of having an environmental assessment performed and presented as a part of that development proposal. Policv A-1.2 Development in the Coastal Planning Area shall use only potable water from the City's municipal water system and shall connect to the municipal sanitary sewer system. The use of well water shall be prohibited. Stormwater discharge into waterways is prohibited except via an approved connection to the municipal storm sewer system or privately permitted system through SFWMD or LWDD. 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-1.4 Whenever new, private access is to be provided to the beach it shall be via approved access points which shall not disturb the dune or vegetative communities. Policv A-1.5 The City shall protect sea turtles and their nesting habitat through continuation of lighting restrictions, monitoring and education programs. Objective A-2 Although the Intracoastal Waterway (ICWW) has been dredged and improved throughout the City and South Florida, its remaining estuarine characteristics should be protected. Such protection shall be accomplished through the following policies. CM-18 Policy A-2.1 Florida Inland Navigation District (FIND) parcels 645 and 650 (Mangrove Park shall be controlled so that their long-term use serves the environmental purposes of this goal area. Policv A-2.2 The quality of the ICWW shall continue to be improved by the control of storm runoff and the implementation of the projects and programs in the National Pollution Discharge Elimination System (NPDES) permit. Policv A-2.3 The City shall monitor development requests in adjacent communities. If it is not apparent that there will be no adverse impacts upon the Intracoastal Waterway, the item shall be referred to the IPARC (Intergovernmental Plan Amendment Review Committee) or Treasure Coast Regional Planning Council for review and mediation as needed. Policv A-2.4 Any new marinas and boating facilities which are proposed within the City shall be limited to a maximum of e~-e six powerboat slips per one hundred linear feet of shoreline owned or controlled by the applicant for such facility, except the C-15 Canal and portion of the Intracoastal Waterway, approximately 1,000 to the north of the canal, which shall be limited to one powerboat slip per one hundred linear feet of shoreline owned by the applicant, as recommended in the boating facility siting plan in the Palm Beach County Manatee Protection Plan, adopted on August 21, 2007. ~ ,r+;~ ~, inh +;mn n nr of ~nvnrnnr nnrl (~nhinn+ nn+i+I °° nnmmnnrln +n t~l{i2~CcC~lti~f2--6~r{~cr-crt~l1crvv c~crrcrcreC~--~GscvrrmTCTUCCt~6i~S cv Objective A-3 The City shall protect and enhance the quality of the marine habitat through support for .. of effluent reuse and deep water injection by the South Central Regional Wastewater Treatment Facility Board, with the ultimate goal of rni ic~~nn nffli inn+ frnm +hn ,n,nt++n,n,n+nr +rnn+mnn+ fnnili+,i ., r.~ rnrli in~n'v eliminating dependence on the ocean outfall for other than emergency and DEP permitted exceptions.~~ n onrJ if ci inh o nrnnrom hnnmm~c+ +nnhninnlhi nnrl nnnnnminnlhi fnnc+ihln Objective A-4 The City of Delray Beach shall seek coordination with adjacent communities in matters dealing with the goals of the Coastal Management Element through the following policies: Policv A-4.1 The City shall, through the Palm Beach Countywide a°°nh°~ onrJ Chnrnc Coastal Council, exchange information regarding beach/dune system protection and management, sea turtle protection, habitat protection and enhancement, and water quality. CM-19 Policv A-4.2 The City shall continue to participate with its adjacent units of government along the Intracoastal Waterway in responding to their efforts to implement programs-a~ contained within its Comprehensive Plan or their Comprehensive Plans for the protection of living marine resources, the reduction of exposure to natural hazards, and the continuing provision of public access. Policv A-4.3 The City shall continue to support the concept of "countywide" application of regulations which are targeted toward the protection of existing resources. When such measures are enacted, the City shall provide the clerical and technical support personnel, in the appropriate department, to provide for the effective implementation of such ordinances. GOAL AREA "B" THE COASTAL PLANNING AREA IS A VITAL COMPONENT OF THE ECONOMIC BASE OF THE CITY. ~ ~eNn ~ ~ ac cn~un n~r+cn Tn n nn Tn Tuc nvcQn ~ ~ cr+nn~nnn~r+ u~~ nc TNC r'/TV- HOWEVER, THE BARRIER ISLAND SHALL NOT BE ^'~COMMERCIALIZED AND ^'~PROMOTED TO THE EXTENT THAT IT DIMINISHES THE BEACH RESOURCES. Objective B-1 Accessibility to the public beach areas and waterways shall be maintained and enhanced after gathering residents' input through the following policies: Policv B-1.1 The City shall retain the existing public parking under its control on the barrier island, and shall explore opportunities to expand parking for increased public beach access. Policv B-1.2 Additional marina facilities and waterway access shall be provided pursuant to the boating facility siting plan in the Palm Beach County Manatee Protection Plan, adopted on August 21, 2007. ~ci-r~--a~ek~ h~~ t~h~.~o~,~ ^^~teEt~^~The City shall ~s ~ mnni~- ~ia~o~T n~~~ i? r~lon onrl cho~ll maximize opportunities for public access to the Intracoastal Waterway while protecting the environment. Policv B-1.3 Whenever development is proposed east of SR A-1-A a survey of the property shall be required. Said survey shall identify any public access to lands seaward of the mean high tide or Erosion Control Line (ECL) by prescription, prescriptive easement, or any other legal means or a surveyor's note that no such access exists. Such access shall not be eliminated or replaced, except in compliance with F.S. 161.55(6). CM - 20 Policv B-1.4 The City shall retain all existing public access to the Intracoastal Waterway, including street ends, and should consider enhancement of the street ends as pocket parks with reasonable use restrictions including limited hours of operation. Dili C. Thn (~i nll r~nrfn ^` o= i ~I~ t rm +~,,, nn rv c++~ ~,~~nc+ ~QCP r~mnn~T (~ ~~ a ~ {~ e~ rvrr cy- ~~~rr~vr 'c[rrpcrTV ~- r~`rtt7t~rc~ rrrrtttl~r~. rrr ' ' --`r e e fnr innL icinn in ~ ~V QQ/QQ hi irJn n+ rvrrrTCn~.rrvrrrrr ~~vrs.»~crag cr. Policv B-1.5 The City shall request that the County study the feasibility of establishing a deep water artificial fishing reef in the Delray Beach area in conjunction with its artificial reef program. Objective B-2 The value of historic preservation to economic development is recognized and shall be a component of economic development programs throughout the City. With respect to the Coastal Planning Area, this relationship shall be achieved through the following policies: 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. Policv B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Objective B-3 The City shall protect the beach as valuable amenity for beach user jeopardizing the essentially passive resource. This objective shall be following policies. an economic resource including reasonable character of the beach achieved through activities as expressed in the by continuing to provide a support facilities, without and its value as a natural Policv B-3.1 Municipal funds shall continue to be allocated in each year's budget for enhancement of the streetscape. Priority shall be on plantings along Ocean Boulevard (SR A-1-A). Enhancements shall include the ~'~ maintenance of indigenous plants installed as part of the Dune Management Plan and the provision of street furniture particularly at beach access points and areas of congregation. Policv B-3.2 The high quality of the Municipal Beach shall be retained through current use restriction programs. The beach concession, under contract with the City, may be allowed to provide certain limited recreational amenities for beach visitors. The CM-21 services provided are limited to the rental of chairs, umbrellas, cabanas, and boogie boards. All other concessions shall be prohibited. Cooking on the beach shall be prohibited and litter law enforcement shall be strictly enforced except for publicly endorsed events. GOAL AREA "C" DEVELOPMENT AND REDEVELOPMENT IN THE COASTAL PLANNING AREA SHALL EXISTING CHARACTER OF DESIGN GUIDELINES AN GUIDELINES AND SHALL BALANCING OF THE ncvc~ nonnc"~Pnc~no PROTECTION. Objective C-1 BE COMPATIBLE WITH THE THE AREA, BEACH OVERLAY D HISTORIC PRESERVATION PROVIDE FOR A SENSITIVE NEEDS FOR °MC"'c.-~v ENVIRONMENTAL 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. ~y-mp~t~}G1t~lE-f3~ nrJin,Y of tFtV~a°m~n~~nnn~~a~olnr~mnn+ onrJ hic~-~ . In coordination with the residents and the Historic Preservation Board, all efforts will be made to keep all the listed historic structures in the coastal planning area in fine condition and to list additional structures and districts as needed. Policv C-1.1 The northernmost portion of the Marina Historic District, located in the first and second blocks and zoned CBD and RM n^nr^c++ /~+Inntin n.,,,r„^ shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. Policv C-1.2 The n,i~~in °n~ ~^„+"°~'„ southernmost portions of the Marina Historic District, located in the third and forth blocks and zoned R-1 AA, 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 and compatible to the historic district. Objective C-2 The Level of Service to be provided for land within the Coastal Planning Area shall be the same as elsewhere in the City with respect to traffic circulation, recreation and open space, solid waste, water supply, drainage, and sewage capacity. Objective C-3 ~#e Development, redevelopment or conservation ^f „°^°n+ ~n~ i inrJnr_rJn"n~„r~nrJ on the barrier island and in the Marina Historic District shall occur in a manner CM-22 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-3.1 Remaining, isolated infill lots shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. Policv C-3.2 There shall be no change in the intensity of land use designation 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. Policv C-3.3 Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property and with the policies of the Coastal Management Element of the Comprehensive Plan, except as provided in Policy C-3.5. Policv C-3.4 Development in the Coastal Planning Area shall be subject to the same findings of concurrency as is required for other development in the City and shall additionally include a finding that such development is consistent with the densities proposed by the Future Land Use Element, except as provided in Policy C-3.5, and is consistent with coastal resource protection and safe evacuation programs. Policv C-3.5 Whenever a commercial, residential, hotel, motel, or resort dwelling unit structure is destroyed to an extent of greater than 50% of its value by disaster, the structure may be rebuilt to pre-disaster use, densities and heights if permit applications are submitted within one year following the disaster. Current fire and building codes shall be met; current parking, building setbacks, and landscape requirements shall be complied with as closely as possible. For purposes of this policy, disaster means any non-self imposed catastrophic damage including, but not limited to, fire, flood and storm. Objective C-4 Th., f„+„~^ ^f Florida Inland Navigational District (FIND) parcels 645 and 650 (Mangrove Park) shall be +"~+ +"°„ ~~° maintained and enhanced as conservation and marine habitat areas, and public access points. This objective shall be achieved through the following policies. Policv C-4.1 'n ~v °~'°Q +"^ The City, through its Parks and Recreation Department, shall r~ continue to work with FIND t~h~eve~+~ ~°' ^'~c^^c~t~,o-;--~~t~h~.~~~,~:~ +rnnc+f^rrin^ ^f to transfer these properties into City control upon termination of their need by the District. Policv C-4.2 The City, through its Parks and Recreation Department, shall continue its programs for the acquisition and perpetual use of the FIND properties as marine and wildlife habitats through retention of flora and fauna and the possibility of sites for the CM-23 relocation of mangroves which must be relocated from elsewhere along the Intracoastal Waterway, and development of Intracoastal Waterway access. Objective C-5 Ocean shoreline uses shall only be for beach purposes. Beach purposes include, but are not limited to, normal beach recreation, designated areas for recreational activities, lifeguard towers, access facilities, dune and beach restoration, and beach cleaning and maintenance. Policv C-5.1 The highest priority for ocean shoreline use in the City of Delray Beach shall be for beach purposes which shall include recreation and conservation. There shall be no commercial development nor water-dependent development (except the beach) or water-related uses, except those permitted pursuant to Policy B-3.2, along the shoreline which abuts the beach. Residential development shall not exceed a height greater than 48', except as provided in Policy C-3.5, from the elevation of the crown of SR A-1-A and shall be constructed in accordance with the City's Coastal Protection Ordinance. Objective C-6 The rules and regulations of the Department of Natural Resources which establish a "Coastal Construction Control Line" and an "Erosion Control Line" shall continue to be enforced as a part of the Land Development Regulations. Policv C-6.1 The City shall continue to administer its adopted regulations which prohibit non-beach related construction seaward of the Erosion Control Line (ECL) and which provide performance standards for construction seaward of the Coastal Construction Control Line (CCCL). Objective C-7 There shall be no public expenditures which subsidize expanded development on the barrier island, unless such expenditures are necessary to: provide services to development allowed by the Future Land Use Map at the same level of service as the rest of the City; provide for recreational needs; maintain, restore or enhance natural resources; maintain adequate evacuation times; and maintain or enhance public beach access and use. GOAL AREA "D" THE CITY SHALL ENHANCE ITS EFFORTS FOR PREPARING FOR AND HANDLING DISASTERS WITHIN THE COASTAL REGION, SHALL PREPARE FOR REDEVELOPMENT IN THE EVENT THAT A DISASTER DOES OCCUR, AND SHALL DEVELOP PROGRAMS FOR THE PROTECTION OF PROPERTY CM-24 AND SAFETY OF INDIVIDUALS IN CIRCUMSTANCES OTHER THAN DISASTERS. Objective D-1 The City shall continue its established and ongoing programs for emergency preparedness, emergency evacuation, disaster relief, and coastal construction practices and shall enhance those programs through periodic reviews by the existing positions of City Manager, Fire Chief and Chief Building Official, as appropriate. Policy D-1.1 Appendix I, Hurricane Evacuation; to Annex V, Evacuation, (III-L) of Palm Beach County's °^~^^*~~2 Comprehensive Emergency Management Plan and its attendant recommendations for hazard mitigation and interagency hazard mitigation reports is hereby adopted by the City of Delray Beach and the Coordinator of Emergency Services is directed to provide for the effective implementation and coordination required by those recommendations. Policv D-1.2 The Fire Chief shall annually review the City's Comprehensive Emergency nnnrn+innc+ ~, ,i,~n Management Plan to insure that base data is current and that the Guide is consistent with the Palm Beach County °°~ Comprehensive Emergency Management Plan. Objective D-2 There shall not be any development upon the barrier island which shall reduce hurricane evacuation time beyond its present level or which shall lower the level of service at the intersections of SR A-1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton Boulevard and SR A-1-A. Objective D-3 A Comprehensive Emergency Management Plan, ^^c+ ~i~~~+nr rnrJn~inlnmm~n+ nrnnrom which v^rti-Fl.~~t~°r~hYl~C-rG'r"T~Ci~~~J c+hnll hn nrlnn~nrl in CV ~Q/~J. T,",;? n~^n~~m ~"III includes the existing disaster planning and recovery programs of the City shall be reviewed annually. Inns rnnnn rlnvnlnmm~n+ rlirnn+innc+ of +hn ('~~~^nci~in Dlon in+^ o cni ir~~ i im°cr~rc. Policv D-3.1 The immediate and short-term aspects shall address: ^ mobilization for cleanup, repair, and restoration of services; ^ the removal of hazards and damaged structures; t~~nhnhili~tinn nnrl r~+hn (~r.nn~ rnn• nnrl cn'ccr~rrr ~vri-aTraT crn~vtrs cu,-rn-rcr, CM - 25 ^ coordination of interagency hazard mitigation and response reports/programs. Policy D-3.2 The long range redevelopment portion shall provide for land use and character of development which presently exists except that the height of reconstructed buildings shall be limited to the then current height regulations of the City, except as provided in Policy C-3.5. Policv D-3.3 Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property, except as provided in Policy C-3.5, and with the policies of the Coastal Management Element of the Comprehensive Plan. Objective D-4 Programs shall be undertaken to protect property from water related damages and to provide for the safety of individuals. Policv D-4.1 The City's seawall ordinance and regulations shall be reviewed annually +~ ~y,--r-~~T by the Engineering Department, modifications made, and public information distributed to the effect of implementing an enhanced program for seawall maintenance through inspection and private rehabilitation. Policv D-4.2 The City supports the designation and continuation of speed restrictions, as established by the Florida Department of Environmental Protection, throughout the entire length of the Intracoastal Waterway within the City limits CM - 26 CONSERVATION ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRAY BEACH BACKGROUND The text of the Element is a summary of the complete inventory, analysis, and recommendations which are contained in the following source documents: ^ Conservation Element (Post, Buckley, Schuh & Jernigan, Inc., 1989) ^ 1996 Evaluation and Appraisal Report (City of Delray Beach, 1996) ^ 2006 Evaluation and Appraisal Report (City of Delray Beach, 2006 The source documents, and other documents which are cited in the Element, are available for public review at the Planning and Zoning Department offices located at 100 N.W. 1 st Avenue, Delray Beach, Florida. INVENTORY The following summary is prepared to facilitate review with the requirements of Administrative Rule 9J-5. As a summary, only significant items are highlighted. The source documents should be referred to for more information. The following natural resources, as listed in 9J-5, are found within the Delray Beach Planning Area: ^ Surface Waters • The Intracoastal Waterway • Lake Ida (80 acres) • South Florida Water Management District (SFWMD) Canal C-15 • Several Lake Worth Drainage District (LWDD) equalizer and lateral canals • Private water bodies used primarily as water retention areas (drainage requirements) • The Atlantic Ocean CO-1 ^ Ground Water • Surficial Aquifer System, an unconfined unit, is the source of the City potable water supply through municipal wells. • Intermediate Confining Unit (Hawthorn formation). • Floridan Aquifer System, a confined unit, is used for acquifer storage and recovery, and is a potential long-term water supply resource with reverse osmosis treatment. ^ There are no wetlands in the Planning Area (South Florida Water Management District mapping program). ^ There are no hazardous waste sites in the Planning Area. ^ There are no commercially valuable minerals being mined or extracted in the Planning Area (Florida Mining Atlas and local knowledge). Some concentrations of coquina, dolomite, and sand exist below the surface but are located in developed areas. ^ Four types of soil erosion are discussed in the PBS&J report. Three pertain to development activities and are now controlled by the City's Erosion Control Ordinance. The fourth is beach erosion which is addressed by the City's Beach Renourishment Program (see the Coastal Management Element for a full description of this program). Other than beach erosion, none of the erosion situations are significant. ^ Vegetative Communities identified as native ecosystems in the "Inventory of Native Ecosystems in Palm Beach County, Phase III" report, include: (see Map #10) Leon Weekes Environmental Preserve 12 acres, Florida Scrub Hurricane Pines ~ 0_4 acres, Florida Scrub Atlantic Dunes Park 4 acres, Beach Strand Community Delray Oaks 24 acres, Low (Oak) Hammock Additional environmentally sensitive sites identified locally include: Donnelley Tract 2 acres, Mangroves FIND Parcel MSA 645 8 acres, Mangroves FIND Parcel MSA 650 (Mangrove Park) 4 acres, Mangroves Hammock Reserve Preserve Area 4 acres, Oak Hammock CO-2 C~ll~PREHEI~ISIIIE PL.41~1 DELI~A YBE.4CH, FLQIgIDA CITY OF 90YNTOIV B1=ACH CITY ^F 8C3CA RA Tf]N TOWN 4F GULF STREAH} ,~ I~ocAr~o~ of ~~ r1vF Fcos rs r~Ms Map # ~a IAILE GRAPHIC SCALE LEGEND' 1. ' LEON WEEKES ENVIRONMENTAL PRESERVE PUWNIN6 AREA - - - - 2. ~ HURRICANE PINES (LILTIAIATE CfTY 9011NDARY) CITY OF DELRAY 6EACH. FLARILEA 3. ~ ATLMITIC DUNES PARR CffY UMffS -•-•-•-•- -•-•-•-•- PLANNING & ZONING DEPARTIAEHT 4. J DELRAY OAKS COUNTY JURISDICTION MARCH 2f3O8 CO-3 ^ A complete list of endangered, threatened, or species of special concern whose range includes the Planning Area are listed in the PBS&J report. The manatee is frequently seen in the Intracoastal Waterway and the C-15 Canal. Several species of sea turtles nest upon the City's extensive coastal beach. The City has enacted a "Turtle Nesting Protection" ordinance. ANALYSIS KNOWN POLLUTION PROBLEMS Water Quality The City's major surface water bodies, which include the Intracoastal, Lake Ida, SFWMD and LWDD drainage canals, and private water retention bodies have shown no degradation in water quality. There is a continuing concern with the quality of Lake Ida in that swimming has not been allowed in the past and continues to be prohibited. A study h°c ~°^°n+~„ h°°n was completed by Palm Beach County in 1997, entitled "State of the Lakes, A report on the State of the Lakes of the Coastal Ridge in Palm Beach County and a Plan for their Management." This report details the condition of Lake Ida in the context of the chain of interconnected lakes, and proposes a program of management ~n~ °nhonn°m°n+ to protect, restore and enhance the natural resource values the lakes provide. The lakes and the associated LWDD E-4 Canal are used extensively for boating, fishing and other recreation activities. However, the lakes are not included in the designated public bathing areas, by the Palm Beach County Health Department, primarily due to bacteriological concerns. The Chain-of-Lakes are also an integral part of the drainage system for central and southern Palm Beach County. While they are lakes, the hydrology is atypical of a lake/watershed regime, due to the interconnection with the Central and Southern Flood Control Project and the LWDD. The 2002 Palm Beach County Chain-of-Lakes Water Quality and Pollutant Loading Evaluation ERD Report, provided an in-depth assessment of the pollutant sources for the lakes. The sources of pollutant loading were identified as; tributary inflow (canals, seepage inflow (groundwater), precipitation and miscellaneous stormwater outfall inputs (drainage pipes). Tributary inflow from the LWDD tributary canals was identified as the primary pollutant loading source for Lake Ida. In January 2006, Palm Beach County Department of Resource Management (ERM) initiated the Chain-of-Lakes Water Quality Monitoring Program. Water quality data from this program was used to develop the Chain-of-Lakes Water Quality Update dated May 2008. A TMDL is the maximum amount of a given pollutant that a water body, such as a canal, river or an estuary, can absorb and still maintain its designated uses. Designated uses include; drinking, fishing, recreation, and shellfish harvesting. The purpose of a TMDL is to limit pollutant loading to water bodies that are not meeting their intended uses and therefore determined to be impaired by Rule, based on water quality monitoring. Pollutant loading reductions are placed on known pollutant sources such as drainage systems and other permitted discharges. CO-4 Currently, the Florida Department of Environmental Protection has included Lake Ida in the list of water bodies within Palm Beach County that are verified as impaired for a particular pollutant. Lake Ida was identified as having excessive nutrients with a Trophic State Index (TSI) of 61. This exceeds the Florida Impaired Waters Rule threshold of 60, for listing as an impaired water body. High and/or increasing TSI levels result in an abundance of plant and algae growth and widely ranging dissolved oxygen concentrations, which can have a detrimental effect on native plants and animals. The year 2010 is the implementation date for development of these TMDLs, although in 2009 a reassessment shall be conducted which may likely change the status of the water bodies listed as impaired. There continues to be nuisance problems with litter, improper dumping and wastes from boats and boaters. The water quality in the Intracoastal Waterway is listed as fair (Palm Beach County Health Department). Although the Regional Wastewater Treatment Plant currently discharges through an ocean outfall, the Atlantic Ocean and beach area do not show any indications of pollution. Additionally, with the conversion to effluent reuse and deep well injection in 2008, this outfall will be phased out except for emergency situations and DEP permitted exceptions. Ground Waters The point source problem identified in 1988 in the Series 20 Wellfield (Aero Dry site) nnn+ini inc+ +n hn was mitigated through the ~~} use of air scrubbers at the water treatment plant. Water quality has improved to the extent that the air scrubbers are no longer in use, although water quality testing continues. No further water quality problems are noted with ground water. Air Quality The air quality within Delray Beach and Palm Beach County as a whole continues to be in compliance with all National Ambient Air Quality Standards. In late 1993, the Florida Department of Environmental Protection (DEP) submitted a request to the US Environmental Protection Agency (EPA) to redesignate the Southeast Florida Area (Dade, Broward, and Palm Beach County) from non-attainment to a maintenance area for ozone. The EPA approved the request and the redesignation was effective April 25, 1995. Continued compliance with air quality standards is anticipated and has been achieved to date through new control methods including less evaporative gasoline, ~ vapor controls for retail gasoline fueling, and replacement of older vehicles with less polluting ones. T"° ~'~+„ "~~ ~nn~n„°~I ~ nn„+„r ~~L+l~- I_e_c__n~~+ inn C i+°- /__~. d\/ I C\ n n (~ n n n r ~~~P n i i~r m,`n~~~~1vT~T +(~TnrnR~. I n additi~'o~n,~lmon~] vTthe~~''+~~g~ asoline dispensing facilities within the City have been outfitted with vapor recovery systems, and all underground corrosive (steel) storage tanks have been replaced °n^' „^^~°~I°~ „nil°~^~^„n~l ~+^~°ry° +°nU~. It is also noted the the Florida Department of Environment Protection deadline for replacement of all single-wall non-corrosive underground storage tanks and piping with double-wall systems is December 31, 2009. CO-5 Soil Erosion Soil erosion is not a concern except beach erosion which is mitigated by the City's Beach Renourishment Program. EXISTING USE AND THE POTENTIAL FOR CONSERVATION, OR PROTECTION Surface Waters The Intracoastal Waterway has three commercial marinas (Delray Harbor Club, Delray Beach Yacht Club, and Marina Delray) and one municipally operated marina. ~e Three City parks, ewe two of which also provides boat launching facilities, are located along the Waterway. Other public access points along the Waterway are via street ends. There is extensive boat traffic which originates from private marinas and waterfront properties within the City and locations (both private and commercial) outside the City. Lake Ida has no commercial use. The west side of the lake is a regional park operated by Palm Beach County, and a City neighborhood park is located on the east side. TTer~ naEC~ss t~t#c-',~~ While swimming is not allowed, there is extensive boat usage. There is potential to improve the water quality and weed control in Lake Ida as proposed in the County's "State of the Lakes" report. There is no commercial usage of the South Florida Water Management Canal (C-15) nor of the several Lake Worth Drainage District laterals and equalizer canals. The only recreational use of the canals is for small craft. There is no commercial use of the private water bodies, nor is there significant recreational use since they are used primarily as water retention areas and use is restricted by SFWMD and LWDD regulations. There is no commercial usage along the beaches of the Atlantic Ocean within the City, except for concessions renting cabanas and recreational equipment such as surfboards, and windsurfers. However, the one and one-half miles of municipal beach is a major recreational center. Vegetative Communities Atlantic Dunes Park, Leon Weekes Environmental Preserve, and Delray Oaks sites are in public ownership. Interpretive trails exist in Atlantic Dunes Park, and °~° r~lonn°rl in the Delray Oaks and Leon Weekes preserves. Hurricane Pines (~~} 3 acres) continues in private ownership and ' the site was developed as part the Herritage Club development. Three portions of the site, totalina 0.4 acres were oreserved as cart of the oxen soace of the develooment. `" r............ ... ..... ...... .....,..... ..... r............... .......,. ~ .. ......~.,........... , ... .......,. ~ .. ........... r........ . CO-6 ^ c+imil^r h^hit^t h~i r~i irnh^c+in'v I^nrl nr fi in rlinrv m^n^rv°m°nt ^nti~iiti°n The oak hammock in the Hammock Reserve development has been preserved through conditions of a development order and set aside as a preservation area through zoning (Open Space) and platting. The Donnelly Tract is a small (1.65 acre) mangrove tract owned by the City. The property is located on the west side of the Intracoastal Waterway approximately one- quarter mile north of George Bush Boulevard. The site is to be preserved and maintained as a mangrove wetland. The only potential site improvement is a boardwalk for passive use, although there are no current plans developed. The City is continuing to negotiate with Florida Inland Navigational District (FIND) for utilization and eventual ownership of MSA parcels 650 and 645. Parcel 650 (south of Knowles Park) is a 4~ 4.5 acre site, originally a spoil area for Intracoastal Waterway dredging. The City ' negotiated a long term lease on the site to take over management and maintenance and is currently developing Mangrove Park on the site. Parcel MSA 645 is a 8.5 acre mangrove site located on the east side of the Intracoastal just south of George Bush Blvd. The City is negotiating with FIND to acquire control of the site through a long term lease. There are no other commercial or recreational uses of identified natural resources. Endangered, Threatened, and Species of Special Concern Species of special concern include the Florida Manatee which continues to be subject to danger from boat traffic. Boat speed restrictions have been established for the Intracoastal Waterway throughout the City. In addition, several species of sea turtles nest on the municipal beach and are protected through the City's Sea Turtle Conservation Program and lighting restrictions. A complete list of endangered, threatened, or species of special concern whose habitats include the Planning Area are listed in the PBS&J report prepared for the 1989 Conservation Element. CURRENT AND PROJECTED WATER SOURCES AND NEEDS Reductions in per capita water consumption have been accomplished through implementation of various water conservation and public education programs. The City currently has a consumptive use permit through SFWMD which allows a maximum of 4~ 19.01 million gallons per day capacity. This is distributed among the City's four wellfields in the following manner; X8-5 17.3 million gallons per day from the °^~~ CO-7 series 20, and golf course wellfields, 5.8 mqd from the eastern wellfields, and tC~y- 5_6 mgd from the Morikami wellfield. TT,-r~^~~~~~~ ~^~~+"^'~°~,U,-~-rite-is-~° . The City's current maximum day water demand of ~ 19.7 mgd can be accommodated by raw water wells having peak capacities of ~ 28.7 mgd /nvnL ic+ivn of ~AnriLnmi ,^,nllfinWt+ ,^,hinh nrn i inrlnr nnnc++n in+inn\. This existing supply will accommodate the City's peak demand of 23.9 mgd ~t in 2025. Significant improvements to the water treatment operations have been achieved through the addition of a lime softening process; installation of three wells /~ i ~ "'mod-} at Morikami, providing an additional capacity of ~7 5.6 mgd /' Qom-; -~~on and development of a 100 million gallon Aquifer Storage and Recovery Well. The Aquifer Storage and Recovery Well is a deep well injection system which extends approximately 1,200 feet deep into the upper Floridan Aquifer, where approximately 100 million gallons of fresh water `""I~ has been injected displacing the existing salt water. When permitting is completed, the ~k-e fresh water will be withdrawn as needed. The City and the South Central Wastewater Treatment Facility Board have initiated a program of wastewater effluent reuse for irrigation to address water conservation and the reduction in demand for water. This program will result in total reductions of 3.79 mqd. currently withdrawn from the acquifer for irrigation and 0.84 mqd. in potable water currently used for irrigation on the barrier island Both the City and South Florida Water Management District promote water conservation through public education. However, in times of crisis both entities may impose restrictions on the outdoor use of water (irrigation, car washing, etc.). While such efforts have been sufficient in the past, greater demands upon the area's water resources dictate that additional water conservation measures, particularly those directed toward reduction in normal consumption, be continued. There is no special need for agricultural water in the next ten years based upon the projection that the few remaining agricultural operations will have been abandoned in favor of development. There are no special needs for industrial water as intensification of industrial uses is not anticipated. The overall demand for water by commercial and industrial uses is calculated as a part of the per capita demand upon which water needs are projected. FLOOD PRONE AREAS Flood prone areas are identified upon Community Panel Numbers 125102-0001-0006, revised January 5, 1989, of the Federal Emergency Management Agency's National Flood Insurance Program. The City has a flood damage protection program which is certified by FEMA. CO-8 NEEDS AND RECOMMENDATIONS Summarizing from the above, the following needs and recommendations are identified in the Conservation Element: • Continuation of the beach erosion control program. • Promotion of water quality and weed control improvements in Lake Ida and associated drainage canals. • Continued pursuit of water conservation programs. • Promotion of water conservation through public education. • Development and/or implementation of programs for the preservation of Delray Oaks, the Donnelley Tract, and FIND parcels 645 and 650. CO-9 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" WATER QUALITY AND QUANTITY Objective A-1 Protection of Water Sources Policy A-1.1 Monitoring of Groundwater Policy A-1.2 Utilization of Cost-Effective Technology Policy A-1.3 Preservation of Recharge Areas Dnlin~i ~_i it CL irJnn flicnncol Objective A-2 Wellfield Protection Program Policy A-2.1 Performance Standard Requirement Policy A-2.2 Inspection and Monitoring of Commercial Property Policy A-2.3 Hazardous Waste Storage/Transfer/Generation Prohibited Objective A-3 Disposal of Hazardous Material Policy A-3.1 Maintain Existing Programs Policy A-3.2 Public Education Programs Dnlin~i /\_4 4 Ann+hhi (~nllnntinn of I--Ini ic+nhnlrl I-In~nrrlni ic+ \A/nc+tn Policy A-3.43 Central Collection Site for Household Hazardous Waste Objective A-4 Water Conservation Policy A-4.1 Public Information Policy A-4.2 Dntrnfittinn Drnnrnm_uni ic+nhnlrl Water Conserving Fixtures Policy A-4.3 Water-Saving Irrigation Techniques Policy A-4.4 City Use of Xeriscape Policy A-4.5 Surface Water for Irrigation Policy A-4.6 Reduction of Potable Water Use for Irrigation Policy A-4.7 Effluent Reuse for Irrigation Policy A-4.8 Sealing of Wells Policy A-4.9 Emergency Water Conservation Policy A-4.10 Storm Water for Irrigation Policy A-4.11 Permitting of Innovative Pervious Surfaces to Reduce Runoff Objective A-5 Regional Water Supply Policy A-5.1 Water Supply Plan GOAL AREA "B" CONSERVATION OF SENSITIVE LAND Objective B-1 Sensitive Lands to be Protected CO-10 Policy B-1.1 Land Use Designation and Zoning of Sensitive Sites Policy B-1.43 City-owned Park at Blood's Grove Policy B-1.640ak Hammock at the Hammock Reserve Policy B-1.65 Natural Reservations/Historic Sites Policy B-1.~61nvasive Exotic Plant Species Dnlin~i R_i Q Rlnlfl Dornnl innco ~~n~ Objective B-2 Regulation and Public Awareness Policy B-2.1 Biological Survey Requirement Policy B-2.2 Preservation of Habitat Policy B-2.3 Tree Permit Requirement Policy B-2.4 Speed Limits on the Intracoastal Objective B-3 Erosion Protection Policy B-3.1 Soil Erosion Control Measures Policy B-3.2 Lake Ida Shoreline Protection Policy B-3.3 Intracoastal Seawall and Shoreline Protection Objective B-4 Beach Renourishment Program Policy B-4.1 Pedestrian Access Control Policy B-4.2 Sea Turtle Conservation Program Policy B-4.3 Dune Protection Programs Policy B-4.4 Offshore Reefs and Marine Habitat GOAL AREA "C" AIR QUALITY AND WATERWAYS Objective C-1 Air Quality Objective C-2 Waterways Quality Policy C-2.1 Lak^e~Ida Water Qu~a~l~it~y~c++^' ~p~,..} rD n~,Ir'n~ i~_ 7 7 n ic+7Gl'1 n YLITC~GT"ITT['G-TTTCFLTGVLCJCLII~FLTC GOAL AREA "D" RECYCLING Objective D-1 Participation in Recycling Program Policv D-1.1 Increase Materials Recycled Policy D-1.2 Increase Participation Policv D-1.3 Increase Participation By Low-performing Neighborhoods CO-11 GOAL AREA "E" SUSTA/NABILITY Objective E-1 Recommendations to City Commission Policy E-1.1 Green Task Force CO-12 GOAL AREA "A" THE PROTECTION AND CONSERVATION OF THE CITY'S WATER SUPPLY IS OF THE UTMOST IMPORTANCE. QCr'rlr`AI/7/AIr` TLJC /A/-Or1QT/1 A/r'C r1C TL/C r'/TV°C IA/nTCQ rrcv~varrr crr CI~Ir0~1~-r~nr I~TNC-.~.nn n~nrT~cA/n AIr'c nc /TC n1ln`ITVr ALL EFFORTS SHALL BE UNDERTAKEN TO PROTECT, CONSERVE, RECYCLE AND WISELY USE WATER AND TO EDUCATE THE PUBLIC IN THESE EFFORTS. Objective A-1 Efforts shall be undertaken which focus upon detecting and eliminating contamination and instituting preventative measures which protect our water supply sources, through the following specific policies. Policv A-1.1 The practice of monitoring groundwater conditions through installation of monitoring wells shall be continued through implementation of the County's Wellfield Protection Ordinance and the City's Industrial Pretreatment Program, as well as applicable State and Federal requirements. Policv A-1.2 The City shall continue to monitor developments in the field of water treatment technology, including desalinization, and shall utilize the most cost effective technology available to meet long-term demands. Policv A-1.3 The City shall encourage the preservation of existing groundwater recharge areas through sensitive site planning, including maximizing open space, pretreatment of stormwater runoff, etc. In the case of environmentally sensitive lands, such preservation may include sensitive development under "planned development" concepts, exaction (public site dedication provisions of the Land Development Regulations), and acquisition (including the County Environmentally Sensitive Lands Acquisition Program). T h rn i i n h~j~ n~h ~~ i r n n ~~ i i+~Q~~ r n~T n n I \ A/ n c+ ~n~~c~ ~ ~ Trno+m~nili+~i RnorrJ ~ ,r r toll oc~ rn ~G~nnn~i ie~n~roL io+inn of ' - ' ~ ' T ~i CCC7Tf GTTfC~VRTC~ C[T1Zl~ T~ GVTf F G V ATCfCCC fQTT~~ ti Fl:. ,nil[°r~}~+hnrlc+ of c+li irlnn rlic+ r~nc+n~~Gy~J~~°r~i {y~~ Objective A-2 The concepts, principles, and regulations contained in the Palm Beach County Wellfield Protection Program shall be implemented and expanded upon by the City as specifically identified in the following policies. Policv A-2.1 The City shall continue to assure compliance with the County Wellfield Protection Ordinance by including compliance as a performance standard for which a specific finding must be made upon approval of any site plan or conditional use action. Policv A-2.2 Inspection and monitoring of business premises, to ascertain that facilities and procedures exist and are utilized to properly manage hazardous materials and CO-13 wastes commonly occurring as a result of existing or proposed activities, shall be continued through current processes related to the Wellfield Protection Program, Industrial Pretreatment Program, and Fire department inspections. Policv A-2.3 The City of Delray Beach shall prohibit the establishment of hazardous waste storage, transfer, or generating facilities. Objective A-3 Specific programs shall be implemented to monitor, enforce, reduce, eliminate, and provide ^'*^'*^`2 environmentally responsible disposal methods °~~°~~~^'°~~ ~ ~c° of materials which may be hazardous and `"'h;nh ,~,n„w contaminate our water supply Policv A-3.1 The current program of monitoring and inspection of industrial and commercial sites shall be maintained through the allocation of adequate staff to such duties. Policv A-3.2 The City supports public education programs to provide awareness of the impacts of the improper disposal of household hazardous waste. Policv A-3.3 The City supports the continuation of a central collection site, under the jurisdiction of the Solid Waste Authority, to which the public may bring and deposit household hazardous wastes on a daily basis. Objective A-4 To mitigate against future water shortages, a series of innovative activities geared to educate the public shall be undertaken which reduce consumption, minimize waste, and generally protect water resources. These activities shall be directed toward a~-~h the continued reduction of water use~,~~t#c~o°~cTEa~*~~~~^ i Q~ nollnnc n "nor ~nnn ~~~p~°~~°r ~It~h~., Policv A-4.1 The City's current water conservation regulations shall, on a regular basis, be brought to the attention of the public. Vehicles for public information shall include; posting of literature in City Hall and along major roads, utility bills, neighborhood newsletters, and press releases. Policv A-4.2 Thn (~itv c+hnll nnntini in to imnlmm~nt thn ni irrnnt nrnnrnm fnr rntrnfittinn of ?nnll~ +~~~~~- ~ "Aln~n,t+ fnr Alninhhnrhnnrlc+" The City shall ~S6 continue to implement up-to-date building code requirements for water conserving fixtures in new construction. CO-14 Policv A-4.3 The City shall encourage a broad range of water-saving irrigation techniques through the continued enforcement of the landscape code. Policv A-4.4 Wherever possible, the City shall use xeriscape instead of traditional landscaping on City property. As a part of the submittal of any landscape plan, a xeriscape approach must be considered. Policv A-4.5 Water which flows in canals or drainage lakes, or reclaimed water shall be used wherever possible for irrigation of golf courses and open space areas. The possibility of such water use shall be explored during the review of any development plans which are in proximity of such a water source. Policv A-4.6 The City shall continue its present policy of requiring a water source, other than City water, for irrigation purposes in geographically defined areas of the City. Policv A-4.7 The City, through the Regional Wastewater Treatment Facility Board, shall continue to utilize and expand its use of reclaimed water,,,~Tter ~~^~T from the wastewater treatment plant 'fne+~-~c~ n r~rnrvrnm hcn~? ~~~~r+.~~~~. .~nQ onnnnminolhi f^~~~hi^. Priorities for ov^oncinn ^f effluent reuse should be on golf courses in the City, large homeowner associations with master meter systems, and in the Coastal Planning Area. Policv A-4.8 Whenever water wells are discontinued from use, they shall be plugged and sealed as required by the Florida Department of Environmental Protection. Policv A-4.9 The City of Delray Beach hereby supports the public education programs and emergency powers of the South Florida Water Management District with respect to the conservation of water sources and shall, when such programs and activities are imposed by the District, impose those similar restrictions which are available under the City's emergency water conservation powers. Policv A-4.10 The City will encourage the directing of storm water into landscaped areas for use in irrigation throughout the city limits. Policv A-4.11 The City shall work with South Florida Water Management District to permit innovative techniques of pervious paving/surfaces to reduce water runoff and promote percolation/stormwater recharge. Objective A-5 To address the City's existing and projected potable water needs and sources in the context of the regional water supply, the following policy shall be implemented. Policy A-5.1 In 2008, the City shall adopt a Water Supply Facilities Work Plan nag t~x.~r~;~^~t;e~l~~^~to access projected water needs and sources for at least a CO-15 10-year planning period considering the South Florida Water Management District's Lower East Coast Water Supply Plan. GOAL AREA "B" NATURAL RESERVATIONS AND SENSITIVE LANDS WHICH PROVIDE HABITAT A-ND OR CONTAIN NATIVE VEGETATION WHICH #F€ IS VITAL TO Tuc AAA/A/TCAI/1 A/r'C nc THE ENVIRONMENTAL QUALITY OF THIS COMMUNITY SHALL BE CONSERVED, ENHANCED, REGENERATED, MAINTAINED AND PROTECTED. Objective B-1 The City shall ~~~t-a~~e##~, t#r~„ t~h~.~"^~^~onEic~, to protect and regenerate natural reservations and environmentally sensitive areas through the following policies. Policy B-1.1 Publicly-owned environmentally sensitive areas have been identified on the Future Land Use Map by an "Open Space -Conservation" symbol. The FIND parcels 645 °n^' ~~n h°~~° ~ been zoned into the conservation zone district and parcel 650 (Mangrove Park) has been zoned Open Space. These designations shall be maintained in order to further Objective B-1 as well as the Goals, Objectives and Policies of the Open Space and Recreation Element. /~ n,i rln,i ^mnn I fnr LJi irri nn Dinnc+ c+it nn C C i (1~ Po l ic,,+y B,,,,-~~1.2~-~rr~crcv2iC3pnTCrr~-~A~As,,arrc~t~h~arrrC-aTrc-r~rrc~~r vt~~Ct~i-i °'uTi--p~°-ac n m r~ o n i~ h~ i o nn m r~ I ~~°cpc°-r`~raCtt~G~vc°v~~° `crrr-Q~tttl7 , +~, +~,' ~ nr fo~? tn~? fnr ni irnhocn of cimilor hohi~~~~T~ttte mit~~titlj onT ~ o~ ~ioli in of I-li irri~n~~ onrJ ~niill pryi,~nL ~ioli i~~~ "`NNE "`~" , ""~`""`~ With development of the Heritage Club project, a portion of the Hurricane Pines site has been preserved as part of the open space for the project. This area shall continue to be maintained by the homeowners association as preservation area. n.,i~..., Q_,.n policy B-1.3 The City-owned park site in the Hammock Reserve area shall be developed with primarily passive uses to maximize retention of the existing native plant communities. Policv B-1.4 The 4 acre oak hammock in the Hammock Reserve development shall continue to be preserved as a environmentally sensitive site. CO-16 °^';^•• Q_,.~ Policv B-1.5 Natural reservations which exist as historic sites shall be protected through the continued implementation and enforcement of the City's Historic Preservation Ordinance. °^"^•~ Q-' ' Policv B-1.6 The City's Landscape Ordinance shall provide for the removal of existing invasive exotic species such as Australian Pine, Brazilian Pepper, and Melaleuca on private property as development and/or redevelopment occurs. It shall also prohibit the planting or cultivation of these species anywhere within the City. Objective B-2 Drnrrromc „f o~,,,,~+..,n ~n~ ron~~i~+..,n Educational programs shall be implemented to increase public awareness..-ate Regulations shall provide for the protection of flora and fauna. Q°ry,-~;~;~ All measures shall ensure the protection, preservation, enhancement, conservation, regeneration, and appropriate use of fisheries, wildlife and marine habitats which serve ~~~~~~ endangered1 a~ threatened and native plant and animal species. Policv B-2.1 The submission of a biological survey and a habitat analysis shall accompany land use requests for plan amendments, rezonings, and site plan approval. However, the requirement shall not apply to small parcels, developed parcels, or where it is apparent that there are no such resources. Policv B-2.2 Whenever and wherever significant or sensitive flora and fauna communities are identified, plans shall be required to preserve the habitat to the extent feasible, or provide for mitigation if preservation is infeasible or inappropriate. Policv B-2.3 A tree permit shall be necessary to remove or destroy any tree which has a diameter of four inches or greater. Policv B-2.4 The City supports the maintenance of speed limits on the Intracoastal Waterway in order to provide a degree of protection for the Manatee. Objective B-3 The City shall implement programs and techniques to protect property from erosion and deterioration created by the impacts of wind and ~ water. Policv B-3.1 The City shall continue to control erosion from wind and flowing water through the building permit review and inspection process and the soil erosion control ordinance. CO-17 Policv B-3.2 The City supports Palm Beach County's program to restore and protect the shoreline of Lake Ida. In addition, the City supports continuing monitoring of boating activity in the lake to assure that this activity does not produce adverse impacts on the shoreline. Policv B-3.3 A program to accommodate necessary repair, replacement, and maintenance of City-owned seawalls along the Intracoastal Waterway shall be retained. Objective B-4 The City shall continue to implement its beach erosion control program and the environmental protection and enhancement aspects of its Beach Renourishment Program. Policv B-4.1 As a part of the City's ongoing beach renourishment and protection program, the existence of pedestrian accesses to the beach shall be maintained and enhanced through the continuation of the dune management program. Where necessary to control erosion, accesses shall be enhanced in accordance with the Beach Access Study. Policv B-4.2 The City shall continue to implement the Sea Turtle Conservation Program, which includes monitoring of nesting and hatching activity, and enforcement of lighting restrictions. Policv B-4.3 The City shall continue to implement its dune protection and enhancement programs, which include management of the dunes at the municipal beaches and regulation of private development activities. Policv B-4.4 The City shall maintain existing programs to protect offshore reefs and marine habitat through monitoring and management of beach renourishment construction activities. GOAL AREA "C" THE QUALITY OF THE AIR AND THE Qcr+QCnT~nn~n~ WATERWAYS OF THE COMMUNITY ARE TO BE PROTECTED AND ENHANCED. Objective C-1 T~'T°c~e~° Icr-vTari~~-ai r+c~e~ c°cCtl~ minimum ~ fl GcD ~ rJ o rrJ c r~~ own ~ ri rJ o /~rl~ m~J~+i"n (~nrln Qul~r~~~ Th~~t~n,~l~n~n,rn~~i in nffnr+c+ +n mein+nin +hic+ +hn hinh Invnl of mein+nnnnnn of i+~ f~nn+ The City's fleet shall use fuel efficient or hybrid vehicles where appropriate. CO-18 Objective C-2 The City shall support and participate in regional efforts to protect and enhance the quality of waterways, including Lake Ida, the drainage canal system, and the Intracoastal Waterway. Policy C-2.1 The City shall encourage continued monitoring and enhancement of the Lake Ida water quality by the responsible agencies, with the goal of achieving a level of water quality that will allow swimming. GOAL AREA "D" THE CONSERVATION OF NATURAL RESOURCES SHALL BE ENCOURAGED THROUGH CITY SUPPORT OF WASTE MANAGEMENT PROGRAMS TO RECYCLE MATERIALS. Objective D-1 The City shall continue to participate in the Palm Beach County Solid Waste Authoritv recyclingprogram. Policv D-1.1 The City shall work with the Solid Waste Authoritv to increase the number of materials accepted for recycling to include items such as Styrofoam and plastic baps. Policv D-1.2 The City shall continue to support the County's education program to increase participation in recycling_ Policv D-1.3 The City shall conduct an annual education program to encourage increased participation in the recyclingprogram by low performing neighborhoods. GOAL AREA "E" STRIVE TO BECOME MORE SUSTAINABLE CITY. Objective E-1 In 2008, determine an actionable set of recommendations that enables the City of Delray Beach to implement its current environmental commitments in a timely, cost- effective, and citizen-centric manner, as well as explore new opportunities for sustainability. Policy E-1.1 In 2008. a Green Task Force shall be created to address the followi issues and provide a report to the City Commission: CO-19 1. Ways to improve the environmental Sustainability of City programs, services, and equipment facilities. 2. Strategies for improving environmental sustainability of the community 3. Incentives for residents, businesses, and organizations to practice environmental conservation including recycling 4. Proposed means to enchance water and energy conservation. 5. Ideas for promotion of tree planting and xeriscaping_ 6. Best Practices for implementation in Delray Beach, including long-term strategies. CO-20 O P E N S P A C E A N D R E C R E A TI O N E L E M E N T OF THE COMPREHENSIVE PLAN CITY OF DELRAY BEACH BACKGROUND The text of the Element is a summary of the complete inventory, analysis, and recommendations which are contained in the following source documents: ^ Delray Beach Open Space & Recreation Element (Strategic Planning Group, Inc., 1989) ^ 1996 Evaluation and Appraisal Report (City of Delray Beach, 1996) ^ Parks and Recreation Master Plan (Glatting Jackson, 2002) ^ 2006 Evaluation and Appraisal Report (City of Delray Beach, 2006) The source documents, and other documents which are cited in the Element, are available for public review at the Planning and Zoning Department offices located at 100 N.W. 1 st Avenue, Delray Beach, Florida. INVENTORY The following summary is prepared to facilitate review with the requirements of Administrative Rule 9J-5. As a summary, only significant items are highlighted. The source documents should be referred to for more information. PARK AND RECREATION LANDS INVENTORY Recreation areas can be classified as either "resource based" or "activity based". Resource based facilities exist around natural resources such as beaches and lakes, and are generally used for hiking, swimming, boating, picnicking, and other activities adaptable to the resource. Activity based facilities are built for a particular activity, such as tennis or baseball. Recreation facilities can also be classified as active or passive. The City's Parks and Recreation Department seeks to provide sufficient facilities in all these categories to meet the needs of its citizens and visitors. OS-1 The City provides 4~ 146 acres of activity based recreation facilities, excluding golf courses. An additional ~ 252 acres are considered resource based, including the beaches, Lake Ida, conservation parcels, and the golf courses. Not counted in these totals, but contributing to the recreation and open space inventory of the City, are specialty facilities such as nature centers and museums, schools whose recreation facilities are available to the community under joint use agreements, and urban district parks under the jurisdiction of Palm Beach County. RECREATION FACILITY INVENTORY BY CATEGORY Activity Based Recreation Facilities Community Center/Tennis Center 9.7 acres Veterans Park 7.0 acres Pompey Park 20.0 acres c,,. ,+h,~,o~+ o~~U Orchard View Park 6.0 acres Barwick Park 9.5 acres Currie Commons 2.0 acres Miller Park 29.0 acres Merritt Park 3.0 acres Mike Machek Boy Scout #~ Park 5.0 acres Catherine Strong Center (Splash Park and Boys & 10.0 acres Girls Club) noires" Ro~~h ~~ iii cor„~..o r~on+or ~~ n ~~ro~ Oakmont nn~Park ~~ 1.5 acres I-95 Mini Parks 1.4 acres Worthing Park 1.0 acres Pine Grove Park 6.0 acres Bexley Trail Community Park 11.1 acres Cornell Park 3.4 acres Eagle Park 4.2 acres 505 Teen Center and Skate Park 1.6 acres Delray Swim and Tennis Club 5.6 acres Atlantic Soccer Complex (under construction) 8.6 acres TOTAL TL""'I'~ 145.6 acres OS-2 Resource Based Recreation Facilities ~ ~+~Lakeview Park 3.5 acres Knowles Park 3.0 acres City Marina 0.9 acres Municipal Beach/Atlantic Dunes Park 22.5 acres Leon Weekes Environmental Preservation Area 12.0 acres Delray Oaks (County) 24.6 acres Donnelly Tract Preservation Area 1.7 acres Municipal Golf Course 137.0 acres Lakeview Golf Course 42.0 acres Mangrove Park (under constructions 4.5 acres TOTAL -24~~ 251.7 acres Special Facilities Beach Parking Facilities Sarah Gleason Park Old School Square Cason Cottage Monterey House Historic Structure Spady House Historic Structure Sandoway House Nature Center Schools With Joint Use Agreements Atlantic High School Carver Middle School Plumosa Elementary Pine Grove Elementary Orchard View Elementary Spady Elementary Banyan Creek Elementary Village Academy County Urban District Parks Caloosa Park Lake Ida Park Morikami Park OS-3 RECREATION FACILITIES Within recreation areas, amenities and facilities are provided to meet the demand for leisure opportunities for all segments of the community. Besides facilities provided by the City and County (Table OS-1 ), numerous recreational amenities are provided by local schools (Table OS-2) and by private developments (Table OS-3). ANALYSIS The provision of open space and recreation in a community, relative to broad standards, existing natural features, and its demographic demands, is an important factor in the quality of life of the community, and its ability to attract and retain businesses which fuel its economy. Delray Beach has been a mature, and nearly built-out City for some time, even before the adoption of the Comprehensive Plan in 1989. With much of its residential growth occurring in the 1970's through the 1980's, a large part of the newer development pattern consists of planned communities which provide some or all of the recreational needs of their residents. Swimming pools, tennis courts, shuffleboard courts, and golf courses are common. Like many such communities, the City has already met the national and state standards for parks and open space. The natural features of the area include the Atlantic Ocean and Intracoastal Waterway, coupled with a climate perfect for the enjoyment of outdoor activities, especially water related activities. The City has made good use of these features, with one and one-half miles of public beach, boat ramps and other access to the Intracoastal Waterway, and an extensive park system. Demographically, the City poses an interesting mix for recreation planners. A significant segment of the population is older adults, providing a high demand for certain leisure activities such as beach recreation, golf, tennis, shuffleboard and arts and crafts. While much of this demand is satisfied by the amenity packages within residential developments, the City provides opportunities for older residents without ready access to on-site facilities. At the same time, the City provides opportunities for children and young adults, family activities, and team sports. Programs and facilities are provided for all economic segments of the community, and all geographic areas. As will be seen throughout this analysis, Delray Beach has moved past the provision of basic open space and recreation facilities, to strive to satisfy the entire community's demand for leisure opportunities at the highest level of quality. There are three guidelines that apply to the provision of open space and recreation in Delray Beach. The first is an overall measure of open space, set forth in the 1986 Citizen's Policy Guide to the Future Land Use Element, of three acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, represented a level of service of 7:5 6_2 acres per 1,000 residents in 2007, far exceeding the general guideline. 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U ~ ~ ~ •~ ~ i RS ~ ~ .'~ ~ ~ ~ RS ~ ~ ~ ~ ~ ~ ~ N N N U ~ ~ ~ ~ ~ ~ ~ Y N ~ _ N ~ ~ ~ U ~ F-° ~ ~ ~ ~ O ~ O ~ U ~ ~ ~ C7 0 O The City has adopted the ~t-~t^ ^f ~'^Y~^'n °cc~ca*~ Florida Department of Environmental Protection, Division of Parks and Recreation Guidelines, and National Park, Recreation and Open Space Standards as the desired level of service (LOS) standard for its park system. This LOS is found in Objective A-1 of the Open Space and Recreation Element. In applying the guidelines, it is appropriate to include the facilities provided by the City, County, School Board, and private developments to achieve a complete picture of the service provided. The guidelines address two factors of park and recreation facilities: the number of parks available in specific categories, and the recreation facilities within those parks. LAND FOR RECREATION AND OPEN SPACE The Florida Department of Environmental Protection guidelines are the City's standard of comparison for the provision of land area for open space and recreation. In order to compare the City's parks to the guidelines, the service population is used to calculate the number of facilities needed in each category, both for the X9-9-5 estimated 2007 permanent population of ~8~9-~ 64,360 and for the estimated e##cc~'"^ "~ ~~'^' ^~ ~* 2025 population of 7~;BA9 78,143. In addition, the existing parks were categorized (neighborhood park, community park, etc.) based on the existing facilities, providing a functional classification system. It should be noted that this classification method is not always clear cut, as community parks include all the facilities of a neighborhood park, but are larger. In addition, some of the City's parks in a particular category are either smaller or larger than the guideline, based on the the population served. When viewed from a functional perspective, though, these inconsistencies are eliminated. The term "playground" was used to refer to the categories of equipped play area and tot lot. Many of the playgrounds are located within other parks, so no specific acreage was assigned to them. Parks were assigned to the other three applicable functional classifications as follows: Neighborhood Parks Merritt 3 acres Currie Commons 2 acres Barwick 9.5 acres ~^~~ Orchard View Park 6 acres Knowles 3 acres ~ °~° ~~° ~i i+h C+r°°+\ Lakeview Park 3.5 acres Veterans 7 acres Mike Machek Boy Scout Park #~ 5 acres n,~°~ ~a °^~~ Catherine Strong 10 acres Pine Grove 6 acres Bexley Trail 11.1 acres Cornell 3.4 acres Eagle Park 4.2 acres 505 Teen Center 1.6 acres Delrav Swim and Tennis Club 5.6 acres Atlantic Soccer Complex 8.6 acres Plumosa Elementary School Atlantic High School Carver Middle School Pine Grove Elementary OS-11 Banyan Creek Elementary Orchard View Elementary Village Academy Community Parks Community Center/Tennis Center 9.7 acres Pompey 20 acres fl n~i R~nnh Ci ill C~r~iin~ (~ or 77 n n aG~i"-cc~cccccrr-r-crrrvcrvrc~ve~F~c~--c-~-ccC-KGB Miller Park 29 acres Urban District Parks Atlantic Beaches 22.5 acres Caloosa (County) 64.5 acres Lake Ida (County) 209.0 acres Morikami (County) 207.0 acres TABLE OS - 4 STATE GUIDELINES COMPARISON FOR PARK LANDS 0996 2007) FACILITY GUIDE- CITY SCHOOLS COUNTY PRIVATE TOTAL ABOVE / LINES BELOW GUIDELINE Playground 2~ 26 4~ 15 4 6 2 ~ 27 ~ 50 +7 24 Neighborhood ~ 13 ~-9 16 5-7 -- - ~ 23 +~ 10 Community ~3 ~ 3 4• -- -- 3 +~ Urban District 1 1 -- 3 -- 4 +3 Source: Outdoor Recreation In Florida, ~4 2000, State of Florida Department of Environmental Protection, Division of Parks and Recreation. City of Delray Beach, ~9-9F 2008. TABLE OS - 5 STATE GUIDELINES COMPARISON FOR PARK LANDS ( 2025) FACILITY GUIDELINES TOTAL ABOVE /BELOW PROVIDED GUIDELINE Playground ~8 31 ~ 50 --2 +19 Neighborhood ~ 16 ~ 23 +~ 7 Community 3 3 --- Urban District 2 4 +2 Source: Outdoor Recreation In Florida, ~4 2000, State of Florida Department of Environmental Protection, Division of Parks and Recreation. City of Delray Beach, ~9-9F 2008. OS-12 The City fares quite well in a comparison to accepted standards for the provision of parks. The City meets or exceeds the standards in all categories for the existing 2007 population~t t~}G~e#eE' as well as for the 2025 population of 7~;BA~ 78,143. uE~IEF~}'~~-c[17p°ncc~i -'~r~r +onnr,i of r~ln,~~ni inrlc+ Thn rl n +~~'~ t~}CiEa r u czrrrcr.~~n~cr EFGi~ RECREATION AND OPEN SPACE FACILITIES The City has adopted both the State and National standards for park facilities. This leads to some inconsistencies in application, since the standards do not correspond in all cases. In addition, the State guidelines list a minimum, maximum, and median category for provision of facilities. For the purposes of this analysis, the median State guideline was used for each facility. Further, comparisons were made to the strictest of the two standards (State or National). Assessing recreation facilities relative to the strictest of the two applicable guidelines reveals a current deficiency only in the category of boat ramps. T";~ ~°finionn„ ,~,;~~ ho inn i inh rl nmont of ClAlfl nnrnol ~AC/~ G2~(1 nr i intinn of 2~li~n-rcc~e~t~Fr$cc~~ t~l{~e•1Fe~nT c ~ , cr~t~ccnvrrvr A~-fe~ In 2025, deficiencies a~a+~~ appear~y in beach area and again in boat ramps (~ 6). There is no way to increase the amount of beach area in the City to eliminate the deficiency, and there ~Ke may be no way to eliminate the deficiency in boat ramps either, since future development of boat ramps `""~ is constrained by State restrictions on boating facilities for manatee protection. Further, the ~°finionn~i ;+~oif ;c deficiencies themselves are questionable. The State guideline for beach area is more than eight times the National Standard (16,504 feet vs. 1,943 feet) and the State guideline for boat ramps is three times the National standard (416 vs. 5)., `",hinh ~nnrlc+ These disparities lead one to question the applicability of the State guidelines in these two areas. For the purpose of this analysis, the City must acknowledge that the State guidelines for beach area and boat ramps +s are unlikely to be met, but that by meeting the National Standard, the existing facilities r, imhnr of hnn+ rmm~c+ will provide an acceptable level of service for the community. CONCLUSIONS The City will have sufficient recreation facilities ~t in 2025 to meet the adopted standards c^ ~^n^' ~~ r~lonnorJ imr~rn~iomon+c ~~o rv,~~o. There will be an on-going need to assure that facilities are provided in a timely manner. While the City has sufficient park lands to meet standards, the distribution of land at the neighborhood level could be improved. Surplus public land could be converted into mini-parks, designed and supported by the neighborhood residents. These mini-parks could enhance the beauty and quality of neighborhoods and provide a "common" for community interaction. OS-13 ~T;n (~nmm i ini~~^}~nr i~Tr +~~no,rm ~n~~ mi it i irnnc+n rnnm c+nnnn~~~un_rn~ ~ ` ' ) . , ni irnncn rn nm cnonn fnr nrnnrom nnnrJc Cnrnh (~Innc+nn Z~urarrcrr DnrL ~nihi +~ fnrmnrhi hni ic+nrl ~~ ~vmTCrr -~-rv a~ccr nvnnnn Dnc+ n LJ ~~~~j ~.carr-r-rcv~c-rTK , 9 , nrlrli+inn rn c++rnnmc+ nn +~,,, c+~ n nrn in n f t ~~ r +inn Dlnnc+ fnr rnnn~in inn t cn~rcrvr~ttri~ on~n al i i~ cr'vvrrrrvrrtttl~r c-ccrc-rrr~-r ~~?~mol~A+ h~_r~rnfiln ci+n or nvn--r~u rr~~vrrcrTV VC[ ~vrT n nnnrJnrJ ~ . ' C ~ nnl~n h n~nin h~i ~ ~~ ~ h~f anmo~~ n~n ~ ~ ~ ~ ~ ,n~~ link ~~~'~nLn~~+~Inrl~i fnr +inn +hncn finWc nrli il+ nl'ttictt~'~. /~ nrnnrnm n~~~ +n~QCPnlnnn~T ~~~~ Beyond meeting guidelines and standards, the City has identified a number of programs and activities to improve the scope, quality, and delivery of leisure services to all segments of the community. These items~cr~ac~t+#+ ir, ~i~o°'-~t;e,T-aid i+nm^ orn +rn°+nrJ in ~In+oil in +hn GoD °n~l include the following: ^ Development of a scenic recreation pathway network for pedestrians and bicyclists. This network would make use of existing resources where possible, such as canal rights-of-way. The network could be a strolling and biking destination, separate from the street system, which could take advantage of natural areas and views. ^ A need identified in the originally Visions 2005 Assembly is to develop incentives to attract privately owned and operated recreation facilities, particularly those providing services to young people. As a beginning, the Land Development Regulations should be analyzed to identify unnecessary barriers and disincentives related to the establishment of private recreational facilities. ^ The potential for further improvement was seen in the scope of recreational services provided, and the range of participants served. To achieve significant results, the City will need to act as a catalyst and clearinghouse for other public and private community partners. For example, the City n^~ ~'^' °^+ °^ °r, infnrmo+inn nvnhonnn +n ~#e-S+~j~could offer encouragement to other partners, such as religious and social organizations, to sponsor and produce leisure programs for the community as a whole. T"~~it~-~i~°~-i#~~ec~c~ ' to-e#~°r~art°~t;~~ c+nnr+n mi ic+in rlrmm~ nnrl nr+n nnrl nrnf+n nn+i~ii+inn .7T7G7T.7,1TRTJTV, , OS-14 c~ N W J 00 H ti 0 0 N N Q Z H N N W J_ U Q 2 H Z O N a a U ~ ~ _ ~ ~ O c~ N , ~I~ ~I NI 001 N T 1 I ~ I~IC'71N ~ I ~"J T YJI T oOI ~ M `~, ~ 1 ~ ~ + + + + + + 1 u1+ , I " I T I I ' C'7 I OI N TI Q ~ T lf ) N T ~ T ~ ~p0 ~~J pY~~J C y~ cyi rp ,-F T c~ ~ ~ O ~ N ~ T ~ > ~ NI T NIN ~ C'7NCONT ~ I~ ~ ~ N ~ 1~/ T ~+Y H Z N~~~ 1 ~ ti/ 1 1 1 (V 1 T 1 1 1 1 1 T J O T U J ~ _ c01 rnl ~I ool ool ~ ~ ~ ~ ~ ~ ~ T ~ ~ ~ N U N oo ~ T TI ~ ~I I ~~I ~I ~ ~''p ~ N ~ N CO T ~ ~ ~ ~ o0 ~ U Sri T V J J W Z J TI TIcOI ~I TIcOI ~IC'~I ~I ~ N ~ I ~T/~ I O ~ ~ ~ ~ ~ ~ ~ T T 1 T `N `N `N z ~ N W N rn 1 ~/~ M ~/~ M u, \i/I TI TI ~"JI N TI \i/I TI ~"JI 1 TI T T TI ~ 1 Q Q ~ ~ ~ ~ ~ ~ ~ ~ 1 ^N N (~ W O ~ ~ N _ ~ ~~ J (~ L ~ U ~ U~ O O N N ~ _ U Q ~°o ° c~~~~Q}, ~~ ~ ~~ o ~~~~- ~ H c~ ~ ~ cn ~ ~ ~ E E~C ~ ' ~ ~ U ° ~ , ~ 1 ~ .~ a--~ U ~ N +~ ~ ~ E E N c:.~ . ~ +~ _ _ ~ (~ O N O (~ (~ ~~~ O N O X O ~ DO LL ~ C~ DO = (n (n (n DO DO ~ W DO ~ ~ a~ z c s ~ ~ ~ ~ i NI z U ~ ~ O ~ RS ~ ~. ~ m ~ .V S 4 Q~ O O ~" _~ ~ :1-~ O y U o I ~. c~ , p (n ~ N O ti N O W J m H N O N ... N '~~ ~~ TI ~I I ~ c0~ c01 ~ ~I 0 N C T + ~~Y1~~ N~N~ Cplfi .}~ V c' l ++++ ++++ + + ~ tl + W Z Z a ~~~ t t Y " JI ` JI T I I OI T~ T po ~~ yy~~ p ~ C N ~ ~ ~ ~ ~ ~ ~ rp rF ~ N ~ T ~ r °I T 00 ~ N O X ~ Sri W T N W c'~ ~ p W ~~ ~~ ool ~~ ~~ ~~ ~~ ~ rnl ~ ~ ~fi ~cl~ ~fi cod TF TF YD c~ ul~ 00 0~ ~+ rd ~ ~ c~ o~ rp Q ~ Z (~ N W ~ ~ W Z col l col l c4l ca r c0 ~ Q 00 ~ r 0~ Cc~'dD N lfl) 00 .} ~-F cYJ C'~ ~ lfi T -F C'7 lf~ T . N - ^ J ~ N - ~ ~ N - (~ - O ~ L ~ ~ - .~ ~ ~ ~ U ~ ~ N J (~ p V ~(!~~ N (~~ fn-_~ (~ O O ~~ N+ ~ ~ ~~~0 U Q LL - ~~c~c~ ~~ O~~N U S EEpC~~.c_~ EE m~ ~ ~ ~O LL ~ C3 ~0 = (n (n (n ~0 ~0 ~ W DO OI N .L U m N O O „_~. U aj •E ~ ~ a~ z c '~ c ~ z ~ s ~ ~ o z N rr~^ vJ ~ U 6 ~ ~ N ~ i O y O ~ ~. c~ , O s N M c~ O NEEDS AND RECOMMENDATIONS Summarizing from the above and drawing upon additional information from the source documents, the following needs and recommendations are put forth from the Open Space and Recreation Element: ~~e~ek~}e~t~ ^ Opportunities may exist for providing additional access to the Intracoastal Waterway, preserving natural areas, and providing public park areas through ~p\/ Y, YYInn~+~ ~Inln Y,.,Ynnl ~nacn ~~~~, additions to the boat ramps at Knowles Park, and enhancement of existing street ends at the Intracoastal Waterway. ~~c+ohlich o+ Inoc+ +\n/n orlrli+innol nlo\/nrni inrlc nrinr +n hi iilrJ_ni i+. ^ Develop a scenic recreation network for bicycles and pedestrians. ^ Encourage siting of appropriate private recreational facilities within the City. ~~~ olnn o nrnnru~~~ h fi inrJinn r i iir ~~~s +~~~ lich on infnrmo+i~T ' ~ c+~Tnrl~~ \~n~n r~Tnclr~n~ ~_cr~+ ~ n i~~~~un_rn~nn i i r n n n n n rl ^ Encourage other community partners, including religious and social organizations, to join in the effort to provide leisure programs and activities for the community as a whole. ^ , ~~ ^ Develop a program to establish small parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines that 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. ~' E npur c~rtffl1vvmrn-R a-rrr \~c°-r`~rc~~+n r~rn\/irJn n~y~ nffinn \n/hiln movimi~inn mi it+i_n~ irnnc+n rnnm c+nnnn fnr nrnnrnm nnnrlc+ ~~~ n n nrnnrnm' \n/i+h fi i~ pal lj,r~~~~~~~ni ic+n of Cnrnh (~Innc+nn DnrL. > t~Y 7Y1!`1 ~7Y\/~Y I~~IS~ 4 > ~1 l1- - /111 In 1lYn 7YI Y1 ~~~y lrTf _ __ OS-17 flw~lnr~m~nt of n Al~irvhhnrhnnrl DnrL in +h., nnrth~ni~c+t c+~ntinn of +h., ~it~i ^ Expansion of the Old School Square complex to accommodate an urban park. ^ Development of a Community Center west of I-95. OS-18 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" RECREATION OPPORTUNITIES AND FACILITIES Objective A-1 Level of Service Adopted Policy A-1.1 Maintenance of L.O.S. Objective A-2 Provision of Recreation Facilities Policy A-2.1 Additional Services to be Provided Policy A-2.2 Methods of Providing Additional Service Policy A-2.3 Annual Allocation Required Policy A-2.4 Scenic Recreation Network Policy A-2.5 D nI ~ ~_7 ~ Bicycle Safety Education ('o~eri~C nn ('~ tor onrJ Di ill C~F~~~~~ T v T . Policy A-2.~6 Dnlin~i ~_7 Q ~ ~ Neighborhood Mini-Parks ('nmmi ini+~i ('nn+nr Gvnoncinn rvrr Dn I ~ yi ic+n of Cnrnh (~Innc+n~~ T ~ T Dn l~n~i ~_7 1 (1 Di~~l Iry {J~] r ~ Policy A-2.47 a Criteria f"o11r'Jlncreasing CIP Priority Policy A-2.x-28 Criteria for Increasing CIP Priority Policy A-2.449 Criteria for Increasing CIP Priority Policy A-2.~-410 Master Plan Policy A-2.4-511 Old School Square Urban Park Policy A-2.12 Western Community Center Objective A-3 Public -Private Partnerships Policy A-3.1 Tots Lots and Recreation Areas Required in New Residential Developments Policy A-3.2 Public Role in the Arts and Culture Policy A-3.3 Youth Activities Policy A-3.4 Joint Use Programs with the School District Dnli fnrmn+inn Cvnhnnnn rvrr Policy A-3.65 Provision of Leisure Programs and Activities Dnli n~iic+inn of fli..nrc+ifinrl Dnnrnn+inn Drnnrnmc+ rvrr Objective A-4 Private Recreational Facilities Policy A-4.1 LDR Analysis Re: Private Recreational Facilities Dnlin~i~~~'~nff /~c+c+ic++nnnn +n flnvn~n~nrc+ i--vrr ~-~"c~~rJC'c[iT~~cvvtr o cry GOAL AREA "B" OPEN SPACE OS-19 Objective B-1 Retention of Open Space Policy B-1.1 View Corridors Policy B-1.2 Street Beautification Programs Policy B-1.3 Entry Features and Landscape Buffers Objective B-2 Preservation of Natural Areas Policy B-2.1 Preservation of "Conservation Areas" Policy B-2.2 Zoning Requirements Policy B-2.3 Beach Pedestrian Access Objective B-3 Accessibility Policy B-3.1 Access to the Intracoastal Waterway Policy B-3.2 Beach Access Objective B-4 Passive Area Public Access and Facilities OS - 20 GOAL AREA "A" RECREATIONAL OPPORTUNITIES OPEN SPACES AND FACILITIES WHICH ENHANCE THE QUALITY OF LIFE, PROVIDE FOR ~^,~MTLT RECREATION AND INTERACTION WITH OTHERS, AND PROMOTE THE SPIRIT OF COMMUNITY SHALL RECEIVE HIGH PRIORITY IN THE INVESTMENT OF THE CAPITAL RESOURCES OF THE CITY. Objective A-1 The City hereby adopts the Florida Department of Environmental Protection, Division of Parks and Recreation guidelines ae~t;~°n+~at~'°'°'~~^~ ^'°~^'c fin ~~^;';+;^~ ;r ~'^Y;^'~, and the National Park and Recreation and Open Space Standards, as shown in this Element as measures for "level of service" applicable to parks, recreation, and open space in Delray Beach. Policv A-1.1 The City shall maintain the adopted level of service for all recreational facilities Objective A-2 Park and recreation facilities shall be adequately and efficiently provided with adequate parking and public access and shall be compatible with surrounding existingproperties and new development through implementation of the following policies: 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-2.4 The City shall strive to develop a scenic recreational network for pedestrians and bicyclists. This network should make use of existing resources where possible, such as canal rights-of-way. In this way the scenic network would be similar to the rails-to-trails concept. Development of the network is not seen as a high priority work item, but every opportunity to advance such a network should be taken. OS-21 Policv A-2.5 The City shall continue to support and expand bicycle safety education programs for both children and adults. ~n•i A_7 L.' Thn ~~t~. ~hnl~Q~ D ^ ' ~ nrl ~ ' v' r 7~^ > > Cnr~iinn ('nn+nr Policv A-2.6 As part of the preparation of Strategic Task Team Neighborhood Action Plans, TeE~~ mm~n+~~~InhhnrhnnrJ n~onc~ 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. ~~' iirnncn rnnm cnonn fnr nrnnramr~nTC~j~~~~noncinn of ti-Fl.1v~m~rrty (~ n r nr n r c+nL i +n nn rl +n n nnmmnrln ~ nm c+nnnn vG~-r~~~v~rct~}Gi-~v~crtf6i~S r~t~~G~r~,~crc~ccEcv~-rTrrrvcrcc T c~ chni ilrJ hn o fi inrJinn nrinri+~i in +hn ('mm~rnhnnci~in Dlon > > Policv A-2.7 Whenever the accomplishment of one or more of the activities cited can be achieved through major investment in an existing facility, such a situation shall be a justification for raising the priority of the major capital improvement on the capital improvement list. Policv A-2.8 The priority of a specific project may move up if it is funded from a dedicated revenue source and that funding is sufficient to accommodate the improvement (e.g. golf course improvement funded by a golf cart surcharge). °^'~^•• ^-'.' ~ Policv A-2.9 The priority of a specific project may move up if there is a contribution from the private sector, or other sources, or area development/redevelopment can be coordinated with its construction. Policv A-2.10 All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. OS - 22 Policy A-2.11 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 Phase 1 of the development should be accomplished by FY ~ 2008/09. Policv A-2.12 The City shall continue to investigate the feasibility for the development of an additional Community Center west of I-95. Objective A-3 The provision of recreation facilities and programs for the future well-being of this community is a joint responsibility of both the public and private sectors. Developers shall provide sufficient and appropriate recreational facilities for their development. That partnership shall be ^^n~ mandated by each body taking an appropriate role as expressed in the following policies: Policv A-3.1 Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in-lieu of the provision of on-site facilities where appropriate. Policv A-3.2 The role of the Parks and Recreation Department in fulfilling community needs in culture and the arts shall continue to focus on programs. Private and quasi- public groups (e.g. Old School Square Foundation, Public Library, Atlantic Avenue Merchants Association, Historic Society, etc.) should be encouraged to provide facilities necessary to accommodate the arts (e.g. auditorium, indoor concerts, and the performing arts). The City shall provide reasonable assistance to such groups in as much as such efforts relate to the overall economic development of the community. Policv A-3.3 The City shall continue to develop and sponsor programs for youth activities. Policv A-3.4 The City, through the Parks and Recreation Department, shall continue its formal relationship and program with the school district for the joint use of school grounds for active sports such as soccer and for the creation of educational programs such as use of the nature and interpretative trails. nrn ? Drnnrom rJ~olnr~mon + ch ~~n~~~torJ i n DV Q7/QQ -- ~ . ~ i ~ "~"h'~ ~ ~ ccrn ~ rT.nw. OS - 23 °^"^•• ^-~.~ Policv A-3.5 The City shall continue to encourage other community partners, including religious and social organizations, to join in the effort to provide leisure programs and activities for the community as a whole. Objective A-4 The provision of recreational facilities by the private sector is an important factor in the quality of life in the entire community, especially for teenagers and young adults. The City shall encourage the siting of appropriate private recreational facilities within the City through the provision of informational services, and consideration of innovative, quality development proposals. Policv A-4.1 The City shall consider modifications to the Land Development Regulations with regard to private recreational facilities, including the number of permitted, vs. conditional, recreational uses allowed in commercial zoning districts. p ice., n_r~~~.,, r..,, ..~..,u ,. ..~,r..~, ,~.~,~„ .v,,. oi..,,,,~,,....,,a ~„~,,,, n . ............~ GOAL AREA "B" AN OPEN SPACE CREATION, RETENTION AND ENHANCEMENT SYSTEM oQn~Qnnn CONSISTING OF, BUT NOT LIMITED TO. LINKS AND LOOPS THROUGHOUT THE CITY, SHALL BE PURSUED /N ORDER TO ENRICH THE QUALITY OF LIFE IN DELRAY BEACH AS WELL AS ENHANCING PROPERTY VALUE= ~1-AED THE COMMUNITY AESTHETIC AND ENVIRONMENTAL SUSTA/NABILITY. Objective B-1 The retention and creation of visual open space areas is vital to meeting the overall goals s of the Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The maintenance of vistasl a~ enhancement of the streetscapes, and additional open space are objectives which shall be accomplished through the following: Policv B-1.1 Large open space areas like golf courses and lakes, when developed within a subdivision, shall be located so that they provide a view corridor for the general public. Similarly, common areas which are a part of new developments shall be located, in some degree, contiguous to the external street system and likewise provide a view corridor. OS - 24 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. Policv B-1.3 New developments landscape buffers along the ext Back-lotting of individual home special landscape buffers are pr right-of-way. Objective B-2 shall provide central focal points at entries and ernal (arterial, collector) streets which service them. s along such streets should be allowed only when ovided between the rear yard walls or fences and the ~nihi nrn~iirln r of frnm rhnn fnhrin nrn~iirln n nlimnc+n of Natural areas ~c~~Tefi~~ ~ ,n~r~~J~-~i nnrl r~rn~iirln fnr n hnlnn~~Gy+~cn~r nn~-nl nnrl mnn_mnrln °n"irnnY„nn+ shall be protected and preserved through the following policies. Policv B-2.1 The Land Use Map shall identify as "conservation" the following areas which shall be preserved: ^ The FIND parcels 645, and 650 along the Intracoastal; ^ The Leon Weekes Environmental Preserve; ^ Delray Oaks; and Thn noh hommnnh in +hn I-lommnnh Rncnr~in rJn~inlnr~mnn+• onrJ e e ^ The Donnelley Tract on Palm Trail. Policv B-2.2 The Open Space (OS) and Open Space and Recreation (OSR) Zone Districts of the Land Development Regulations shall be applied to "Recreation", "Open Space" and "Conservation" parcels. The OS Zone shall provide for distinct standards applicable to open space lands and to conservation lands. Policv B-2.3 As a part of the City's ongoing beach renourishment program, the existence of pedestrian accesses to the beach shall be maintained and enhanced (See Conservation Policy B-4.1). Objective B-3 Not only shall existing ublic access to beach areas and the Intracoastal Waterway be retained, but enhanced with special emphasis placed upon beach accessibility for OS - 25 residents of Delray Beach, while protecting the natural environment. This objective shall be accomplished through the following. Policv B-3.1 Ad~ie+~i Access to the Intracoastal Waterway shall be achieved through improvements made at the time of development of Mangrove Park ~~-'"~ lei (MSA 650). Policv B-3.2 Current access points and pathways to the beach shall be enhanced through the policies which implement Objective B-4 of the Conservation Element. Objective B-4 The City shall ensure that public access and that passive resource-based facilities (i.e. trails, wildlife observation areas, etc.) are provided on publicly owned natural areas for the public use and enjoyment of the site. OS - 26 INTERGOVERNMENTAL COORDINATION ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRAY BEACH INTRODUCTION The Intergovernmental Coordination Element is prepared to address the needs and desires of the City relative to coordinating programs and activities required to fulfill the goals and objectives of the Comprehensive Plan. Pursuant to Rule 9J-5 the City of Delray Beach is required to have established coordinating relationships with the adjacent unit of governments. Those adjacent units of government include the City of Boca Raton, City of Boynton Beach, Town of Gulf Stream, the Town of Highland Beach and Palm Beach County. The need to resolve growth management issues and incompatible aspects of development with the neighboring jurisdictions is limited as the planning area for the City is ~9°h 98.9% built-out (acreage basis) and land use patterns along common borders with each of the neighboring jurisdictions are in place. There is a need, however for further coordination with the various County, State and Federal agencies in order to maintain and improve level of service and the service delivery efforts of those entities as well as meeting common goals, objectives, and policies contained in the Plan. There are no designated Areas of Critical State Concern in the City's Planning Area or immediately adjacent lands, thus there is no need for coordination with the rules, principles for guiding development, and development regulations for those areas. There are no dredge spoil disposal sites identified within the City of Delray Beach or in the Florida Inland Navigation District (FIND) long range plans. IC-1 BACKGROUND The text of the Element is a summary of the complete inventory, analysis, and recommendations which are contained in the following source documents: ^ Delray Beach Intergovernmental Coordination Element (City of Delray Beach, 1989) ^ 1996 Evaluation and Appraisal Report (City of Delray Beach, 1996) ^ 2006 Evaluation and Appraisal Report (City of Delray Beach, 2006) The source documents and other documents which are cited in the Element, are available for public review at the Planning Department Office located at 100 N.W. 1st Avenue, Delray Beach, Florida. INTERGOVERNMENTAL COORDINATION DATA The City has established formal agreements with the adjacent units of government of Palm Beach County, City of Boynton Beach, City of Boca Raton, Town of Highland Beach and Town of Gulf Stream encompassing programs ranging from law enforcement services, fire and EMS services, water interconnection services and sewer services, to beach renourishment projects, wellfield protection and review of Comprehensive Plan amendments. Established programs and activities are in place with other agencies which perform services relating to the growth management issues of the City. These agencies are not limited to governmental entities and incorporate local, state and federal entities. These entities include the Palm Beach School Board, other units of government (with no land use authority); Independent Special Districts; the South Florida Water Management District, Planning Agencies; Regional/State and Federal Agencies with land use and environmental regulatory authority, and utility companies which provide services to the City. Table IC-1 summarizes the on-going programs and activities conducted by the City with the jurisdictions with which intergovernmental coordination exist. INVENTORY AND ASSESSMENT OF INTERGOVERNMENTAL COORDINATION The City of Delray Beach has been true to its commitment in participating in intergovernmental coordination activities to further the goals of the Plan. Table II provides an inventory of the agencies with which the City has established intergovernmental coordination programs in order to fulfill the policies set forth in other elements of the Plan and the requirements established in Rule 9J-5.015. IC-2 r U W J m a a~ U ~ O (~ L N N O C ~ ~ O U fn W ~ ~ ~ ~ ~ ~ _ ~ ~ ~ ~ J ~ U ~ ~ Q a ~ ~ ~, ~ ~ o ~ ~ Q w m ~ Z c~ . _ Q > W ~ ~' ~ ~ _ ~ U ~ N ~ N ~ ~ N ~ O J ( = ~ ~ o ~ U n ~ W N cn ~ 2 ~ ~ ~ - Z J ~ ~ o>,}'o w o U in UQ~ O H ~~ ~~~ ~~ ~~ ~ ~ OC ~ _ Q ~ ~cn =°~ ~, h oc mWOC N ~~ a~~~~a~ E ~ w ~ fn a ~ W Q.o ~ ~ U ~ W ~ ~ in o ~ ~ ~ J Z W ~ ~ x x ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c~ ~ ~ v O O W 0~ r> (~ C N O> J ~ ~ ~.~ .O N~ ~ C N W N 0 ~ 0 ~ 67 N~ (~ O~ p N Q ~ N Q ~ U .~ N (~ O ~ .~ N C O W O ~ J C7 ~ ~ oQ ~ ~ -a ~o ~ a~ ~.~.a~ ~ ~ E ~ ~ Y O~ Q N N (~ C r (~ E O (~ N y~ U :~ O J T U .~ Y~ O U U N N O N r U ~~~ ~ N~ N O U N '~ ~ ~ y~ N U y W ~ Z N w N Q O ~~~ Q Q ~ ~ ~ ~ ~~ N "O ~ fn ~ ~ O ~ O "_O "_O ~ Z C "O "_O Q N Q N- ~ -~ O E~ O 'O Q C Q Q .O Q C E (~ Q o2S C >, >O ~ O ~ . ~ ~ ~ = ~ "O ~ Z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N O C ~> N ~ ~> ~ ~ ~ O 0 0- N O O N O O> O N O ~~QJ Q-QJ~~>L.LJ(n _ O .> O O N ULLUUOC ; Q N (n(n~ > > > N >m Z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W Z 0 ~ ~ ~ N C~ O U O ~ O N Cn W ~ ~ 0 0 ~ W ~ o ~j ~ p ~ H c ~ ~ Q-~ Z Z o W U c~ O '~ ~ o c~ ~~ LL o m ~ ~ o _ 0 ~ T ~ ~ ~ ~ i U O~ U° ~ o o Oo U oC ~ _ Z ~ ~ U U ~ L N ~ U C C ~ ~ ~ ~ ~ Z~ O m~ N m N U N O ~ N ~ N m ~ m m C Q ~ Q ~ ~ ~ .O ~U ~~ ~~ ~= mow c~ U 0 0 U O C .~ C .~ W o ~ N ~ C U ~ ~ ~ a ~~ ~ ~~ ~ ~, ~ ~ ~o ~ o ~~ .o ~ ~~ ~ ~- ~ ~ °~ ~ ° v a W O p i U ~ U ~ o ~ ~~ = O aU . o ° a ~ U~ ~ f J ~ U .o U ~ U U v OC _ ~ o m ~ ~ i~ 0 ~ ~ ~ ~ ~ Q _ ~ ~ ~~ ~ W ~ ~E °~~ ~ ~~~ ~~~ Ego ~~ ~ ~ ~ E E~ ~ ~ o ~ a~~ ~ a~~ ~ ~ ~w O ~ ~~ O - fn ~ ~ ~~ ~ ~ O U ~ a--~ ~ Z ~ N ~U W p O w O U O W V ~~ Q~ ~ ~ N W W U ° ~ O ~ _ ~ ° ~ N~ "a (~ O ° ~ U H _ O ~ ~ C~ ° i~ ~ ~ ~ G N U ~ ~ O W L ~ ~ ~ ~ a~ ~ C ~ a~ ~ a a~ (n ~ a~ ~ a~ _ ~ ~ ~ O ~ °' aoi aim E ~ °' ~ °' E w ~ ~- E ~ mow- ~ ~~° ~~ ~~~ ~ o .i Q ~ U o a~ ~ ~ ~ c~ ~ _o o o ~ `~ a i ~ ~ o ~ ~Q ~ ~ ~ o o ~ ~ ~ Q ~ ~ a° ° c~. c~ -~ ~ E v ° ~ E~ E v E E .~ E E o ° v a~ o ~ ~ ~_ ~ ° ° ~(n ~ ~ ~ ° 2 ~ a~a~~i~Qo ° a~a~oQ ~ ~ ~~ooQ Q o~Ea~~ ~ ~ oE o~ ~~~E U a .~ ° ~ a~~~ ~~. ~o ~~ ~m a ~a ~ ~o ~c~ a~ a~~ ~ ~c~ °~ ~ ~ °~° ~ o ~ °~ ~c~ ~ ~~ o ce o o a~~~o ~ °~'~'~ cn~U ~'° °~ ~ o Q i.Q'~~ Q ~Q~ a ~'- Q~ i._ ~Q~ v v i i ~ o ~ E O c~ a~ ~ ° ~ o.~ ~,~ ~ ° ~ off. ° ~ Q ~ ~~_,~ ° a~ ~Q~. ° .~ ~.~ ~ ~ a~ ~.~ ~ ~ ~ ~ ~ ~ . 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O ~ ~ U ~ ~ E Q ~ p J N 2 c~ cb ~ ~ p ~ m ° ~ o o c~ ° cn ~ N W o o i ~ .~ O ~ pp O ~ ° ov c~ ~ (/~ N ~ ~ ~ O U o ~ L (~ > E ~ m ~ ~ ~ ° ~ ~ ~ C ~ fn ~ C N O +~ ~ ~ "O O ~ ~ O ~ y ~ N Z C U ~ ~ L N ~ ~ OY ~ C ~ '~ ° '~ C W ~ ~ ~ ~ ~ ~ ~ ~ ~ pC - ~ c~ a~ U ~ ~ ~ v°i ~ ° ~ ~Q ~ ~ `~ ~ ~~~ E~~~ ~~ ~~ o ~~o ~~ ~o~U Q ~ cn ~ o .o p ° ~ `~ ~ .~ ° o a~ ~ U a~ ~ a~ ~ o c~ ~ ~ ~ . ~ ~ ~ ~ ~ U cn~ Z ~ - ~ ~ vi ~ a~ a~ cnp °~ a~ E ~cno a~ o cn ~ U o ~ ~~- o c~ ~Q. o ~ ~~~o ~ a~ ~ ~ ~ Q ~ o ~ ~ ~ ~ ~ ~~ ~~ ~~ ~o ~ O ~ ~ o ~ ~ ~ ~ ~ ~ c~a~ ~:~ c~ ~ c~ ro U~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ O (~ J ~ p (~ ~ ~ (~ O i ~ ~o O U O~ E ~~~ ~~ N O Q O N ~ ~ ~ - (~ W N N ~ _ (~ O ~ ~ ~- ~ .~ .~ O O O ~ .~ p O +~ .~ ~ O ~ U C Q ~ 0 ~ .~ Q 0 0 ~ . "O O O .- (~ ~ N N O .- > - C O m O ~ L ~ ~~ ~ N (~ .- .- L > > > > > ~> O ~ ~ N ~> ~ N ~> "O ~, - ~> ~ C O fn ~ N N U N ~ ~ WOCp « « « U` ~ « « U « « ~ « IL a~ A « (q « ~ « J « W~~ « « « ~~~ « « « ~~ « « ~W « « (3 « LL~ « « p~~ « « « « OCWUU « « « « ~ ~ p ~ ~ ~ p . ~ p p ~ p E 2 ~ ~ fn ~ ~ Z °~ ~ o U ~ o U ~ ~ c ~ ~ ~ ~ . ~ ~ c~ i~ ° . ~ o ~ ~ ~ ~ a~ H U 0 v ~ ° .Y ° ~ ~ U ~ ~ o ~ Q ~ ~ ~ W Q" ~ _~ p 2 °~ . (n i ~ ~_ ~ ~ pC _ ~ ° ~ ~ o - ~~ ~ ~ ~ ~ ~ ° ~ a~ a~ ° Q ~ ~ Q a~ ~ ~ a~ O m ~ o o > cn o ~ o ~ E ~ ° p ~ Q ~ Q o ~~ ~ ~ 2 ~ ~ .~ o o .~ U ~ o O ~ o ~ -- a~ E c~ E c~ o ~ ~ ° ~ ~ ° ~ a~ o ~ ~ ~ ~ ~ oC ~ oC Z~ Z ~ ~ ~ U ~ Q-~ a~ ~ i ~ i ~ ~, c~ ~~ j ~ a ~ o ~ ~ ~ ~ ~ ~ ° ~~ ~ p ~ C7 a~ cn ~ U _ Z a~ ~ ~ a~ o ~ ~ o O i~ ~ ~ a~ c~ v~ }' a~ o ~ ~ ~ o ~ a~ ii m O ~ .~ Q ~ ° ~ o ~ ~ ~ a ~ U ~ _ ~ a ~ v o E a~ a~ ~~ ~ E c~W a~ ~--' a~ E> -a . =E ~in ~ E o ~ ~ o ° ~ ~E ~ ~ ~i~ 2 o (q ~~ ~ OQ oO ~ U ~ 2 U ~ ~ ~U U N w U a a ~ ° o ~ ~ ~ ~ ~ ° a ~ o Y Q- °~ W _ ~_ ~ v~ U fn o J ~ ~ N ~ a ~ ~ ~ ~ ~ H ° ~° ~ a~ ~ o U_ a~ fn W (~ ~ ~ ~ ~ o ~ cn U ~ o U Q- ~ ~ ~ Z ~_ ° ~ Z N - C O N ?~ N > ?~ N O ~ N 00 ~ E U U ~ (~ ~ ~ ~ U N N fn > ~ ~ ~ O ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ W .~ ~ Q ~~~~ ~~ ~~~ °~ a ~ ~ -a a o ~ ~ ~ ~ ~ ~~ ~ O ~ ~~~ ~~~ o ~ o c~ ~ o ~Y . ~ o _ C7 ~~° a ~ ~o ~ ° c~~~~ ~~~° ~ a~ o ~ o ~- ° a~ E o Q ~:° ~ ~ ~ __ a~~ a~~ o ~~ o ° -° ~ ° O ~ ~ °° o ~ a~ i~° ~°o ~°~ °}'}'° E U~ ~ U° ~ a o ~ ~ ~~ ~ ~~ cn .~ ° .~ ° o ~ o U o _ o o o o ~ Q o c~ ~ a~ ~ o o a~ -~ ~ o -~ ~~ ~ c~ ~ o.~ ~ ° ~~ o~~n .~ '~ o ~~ ~ a~ ~ o 0 a 0 ~ m~- o-~ .~ ~ : ° ~ ~ ° ~~ ~~ ~o ~ ~ a ~~ o ~ .~ E i ~° ~ °~ O ~ ° ~ o . -. ~ ' . ~ ~ a~~U °a~° ~ U c~ E ~>.oo ~o~° .a~o~ >a~ .a~oo >a~~ o° ~° a~~~c~ ~ a~~ .~° ~~ ° E~ o ~ .~ ~ ° . ~ ~ow a~ m o U c~ ._ C7~z2 a~ ° a~ 0C~~ a~ ° ~ OC~J a ~ a~ a~ CgQ~m U o Oz a~ ._ UO a~ a~ ~m .~ a~ OC ° ~ ~ ~ O ~ C ~ U ~ O ~ ~ (~ ~ ~ ~ U U N _ (~ N ~ (~ ~ O = ~ fn p ~ Q ~ ~ U °~ `~ O ~ ~ v E ~ ~ o m ~~ o a~ ~ ~ ~ a~ ~ W U °~ ° a~ ~ Q .~ ~ °~ ~ v ~ °~ E ~ Q ~ C o ~ c~ J LL o ~ _ ~ ~ (~ ~ _ L ~ C > ~ ~ ~ O H c~ o U ~ O c~ (n ~ ~ ~ C W ~ O U ~ ~ ~ J ~ ~ E _ O _ U ~ ~ O ~ ~ W o2S O 2 O U Z ~ .~ "O ~~ O ° ~ ~ ~ O O N L L _ ~ ~ '~ ~ °o ~ ~ y ~ ~ ~ ~ W Q O ~ ~ Z - ~ m U O E O O E ° O N E ~ ~ ~ N m N m ° ~ IL > o ~Q U ~ O ~ N N N ~ N~ C N W ~ O N N O ~LL (~ ~(n ~ ~~ O (n J ~~ W LLB Q L.L ~ ~ CD U Table IC-2 further summarizes the function of the entities inventoried, the office with primary responsibility for coordination and the mechanism by which the coordinating relationship exist. The City's intergovernmental coordination activities exist either through formal actions such as special legislation, intergovernmental agreements, planning and service agreements or informal actions such as voluntary participation. By and large the City enjoys excellent coordinating and cooperation with the participating jurisdictions and few problems have been identified. Where problems have been detected, the City has been diligent in its efforts to improve the coordinating relationships. For those agencies (which are discussed below) where problems in the coordinating relationship persist, resolution has been outside the City's control. Environmental Protection Agency (EPA): Due to its size and limited contact with the City [EPA has delegated its responsibility for enforcement to the Department of Environmental Protection (State)], it is not likely that coordination will improve, or that improvement is necessary. Florida Power and Light and Southern Bell Utility Companies: Problems in some service delivery functions nY^ r~rimnrihi .~ rr,~~ ~~+ .,f +hr, .+.,rr,.,r~+r, .~n~nin t+i ~in.Y Children's Services Council: Bureaucratic structure provides limited flexibility with respect to the allocation of funding. The City will continue to work towards improving the relationships with those agencies that we deal with frequently. STRATEGIC REGIONAL PLAN The strategic plan prepared by the Treasure Coast Regional Planning Council (TCRPC) contains goals, objectives and policies for a number of development related issues. The goals objectives and policies of the City's Comprehensive Plan are not inconsistent with the Strategic Regional Plan. Further the Interlocal Plan Amendment Review Committee (IPARC) process ensures that TCRPC is notified of Future Land Use Map (PLUM) amendments, and the Development of Regional Impact (DRI) process ensures coordination on developments having aregion-wide impact. is-~ - ~ o ~ o ~ ~n o ~ ~: - ~ ~ ~ o ~ ~ :~ o E ~ U - . . ~~ ~ ~ ~ O (n N ~ N Q O ~~ L U O ~ ~ 1 ~ O I) C W ~ ~ o ~ ~ _ ~ o ao ~ ~ - o ¢ W ~ a~ o a~ > a i ' o ~ }' ~ o ~ ~ a~ W ~ ~. ~ o o ~ ~ ~ ~ c~ a W W a~. ~ c~ ~ .o o ~ o ~~ ~ 0 ~ ~ ' ~ ~ i ~ ~ c~ Q ~ ~ ~~ ~ ~~-a ~ _ ~ c~i in o °~ ~ -~ ~ ~ w~ o Q° v °~ o °~ ~ ° ~ ~ cn ~ o o U .X w ~ ~ ~ a~ ~c~ X_ ~ _n ° o ~ (n ~ m OC in ~ .~ ~ ~ ~~ ° ' a~ ~ ~ a~ ~ E a ~ ~ o ~ ~ ~ a i~ c H w Q ~~ ~~~ ~ ° o ~ Z W DC ~ ~ ~~ °' ~~> ~~ ~ ~ _ _ ~ Q E , U~~ a.~ ~ o W Z ~~ p°°o °~~ ~ ~ w W j~ o ~p ~ U - ~~ ~ ~ ~ O i U Z ~° C7~o ~ ~~° >, ~ ~ o ~ ~ Z O o~ ~ ~, °'~ ~_ a~ ~ a~ Q ~ U ~~ N~ ~ ~ ~ U~ (~ o Q Q in Q Z ~ O b o a -O N Q ~~ O O N ~U~ fn ~ ~cn ~ LL Q ~ c~ in > ' ~ ~ c~ . 0 ~ U }, U N +J N H J ~ ~~ o O ~_ ~ N ~ ~ ~ ~ W H ~ ~ ~ L ° m °~ > z Z cn ~~~ c ~~ ~~U ~ ~ ~ Q ~ p.~ ~ ~m ~pp~p in ~ Z 2 ~U~ ~ > i, ao ~ ~_ W W ~° ~ O }_'o o ~ _ ~ o `~ ~ ~E¢ ~ m`~ ~ ~ ~ ~ p U ~ ~~ U U H Z "O O ~ ~ ~ C ,~ > ~ ~ o ~ (~ U U N ~ c~ ~ ~ O O ~ W ~ U U N p ~ ~~ ~,'~ o ~ N C N B Z ~ ~ ~ °U ~ ~ W LL ~ U ~ ~ °U (n W H Z ~ ~ w (3 ~ U) _ ~ LL N 0 W i Z O ~ i~ ~ ~ ~ W N o N E Z o o U O Z ~ W ~ ~ ~ o ~ U O 0~ ~ ~ Q ~ U ~ '~ ~ Q ~~ ~ m ~~ ~ O ~~ ~ ~ ~ C N ~ Q ~ N Ot Z om ~ c~ Q ° m ~ ~ a ~~ Z ,~ ~ H U om~~ ~ ~ c~ ~ ~ ~ m U ~ ~ O _ m Q ~ (n ~ W ,+_.. > W _ ~ 0 0072 a~ J ~ a~ C~ U a~ y ~ _~ 2 Z ~ ~ U m m .~ .~ m .~ .~ ° ° ~ O m E ~ ~ ~ ~ ~~~ ~ = ~ ~ ~ ~ ~ ~ }' }' o o U ~ o °~ o 0 Q ~UU~~ cn ~ c~~ c~ ~ 00 U ~ N~' > ~I o ~ '~ ~ ~ N O ~ O O ~ Cn ~ ~ ~ (n ~ N _ O W Z ~ cn x ~ ~ ~ ~ v ~ o °~ ~ o o ~ o ~_ o ~ ~ ~ o ~ ' ~ i~ o i~ ~ i~ ~ ~ °o ~ W O ~ O ~ C "~ - (~ C ~ ~ C ~ Q U U N O ~ LL ~ "~ ~ O " O O ~ ~ p ~ U ~ O U ~ .- U ~ W ~ ~ OU O U ~ ~ O (~ " U " N " N N O "O U " ~ O - . O ~ O ~ ~ ~ N +~ ~ O O U O U C7 ~ O C7 X w O C7 x w 0 U X w N C7 ~ c~ ~ ~ O C7 ~~ o X ~ ~ o ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~~ ~~ o ~ ~ o ~ ~ Z w DC U v ~ ~ ~ ~> ~ O o ~~ ~ ~ ~ W ~ ~ °~ ~ ~ ~ voi _ ~ ~~ U o a ~ O ~ _ O ~ O W Z O ~~ ' ~ = w ~ U~ ~ ~ U N J W W ~ ~ o ~ o ~ o o ~ - ~° cn o = 0 U O O ~ U ~ ~ o ~ ~ ~ o ~ i O O ~ ~ _O ~ N U O ~ n ~ ~ ~ W H C7 Q ~ a~ o ~, . ~ ~~ ~ ~ . }, i ~ ~ ~ v i ~ ~~ i '~~-, E ~ ~ U ~ Q , . Z U (n ~ E ~ ~ ~ ~ LL ~ ~ Q ~ ~ O ~ LL O ~ ~ O °~ a~ O U ~' ~ ~ o `~ ~ o o `~ o ~ H J ~ U U fn n~ U U ~ U ~ ~ W H ~ ~ ~ ? ~~ a~ o > > ~~ > i~ ~ O ~! Z ~ (C ~ ~ ~ ~ N (~ (~ ~ (~ ~ ~ Z W Z ~ ~ in ~ ~ ~~ in in ~ in ~ a ~ C U C U ~ (~ C C ~ C E N ~ ~ " i (~ ' " " ~ " ~ N V O N p c~ n ~ ~ ~ ~ a (~ a (~ a (~ U W ~ U o ~, O ~ ~ ~ ~ ~ ~ U U ~ U N U C~ H _ ~ ~ (~ N x ~ ~ N y ~ N ~ N ~ - ~ N a, Q N Z + O~~ ~ (~ U O U Q Q U U Q (~ U Q W W - ~ a~ .v ~ ~ ~ a~ a~ ° ~ a~ a~ ~ a~ N E ~ N C O N C O ~ ~ ~ C O ~ "~ C ~ Z ~ ~ ~ (n (n U ~ U (n (n ~ U (n LL ~ (n W O ~ j cn ~~ ~ O ~~ ~ ~ Cn '1 ~ ~ ~ a~ O ~ ~ ~ ~ ~ U "O H C.1 ~ _ ~ ~ (~ (~ ~ C Z (j Z Q ° ~ ~ > ~ ~ ~ >+ ~ W p = ~ ~ ~ 2 ~ ~ ~ ~ a~ i 0 ~ Z ~ Q ~~ O ~ U = ~ ~ ~ ~ cn ~ O i ~ Q Q Q ~ ~ ( ~ ~ ~ ~ N N ~ ~ ~ ~ ~ ~ ~ ~ _ c~ O c~ ~ O ~ ~ ~ ~ ~ ~ ~ N ~ ~ O O ~ LL m N 0~ O O " N ~ (~ U ~ ~ Q p~ ~ m > ~ O (~ O "~ W ~ ~ v ~ c~ W -~ , c~ N j U ~ Z ~ O ~ ~ ~ ~ ~ C O IL m O ~ O ~ .~ O _ v ~ U ~ " ~ ~(~ ~ ~ E ~ ~ N ~ ( Q = ~ (n ~ ~ ~ YO LL O LLB . 2~w (q ~U ~ IL~ OQ Q ~~ U ~ 0 ~ 0 Cn ~ ~ (n W o 0 W ° ° ~ 0 ~ 0 ~ 0 0 0 ~ 0 ~ ~ ~ ~ 0 0 0 > ~ > ~ ~ U ~ ~ ~ ~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ W W o o 0 0 0 0 ~ ~ ~ ~ ~ ~ ~~_ ~~_ o o W o 0 o E E N N N U U U (~ (~ N U U U O O O O O U X W X W X W O C7 O (.3 O (.3 O (.3 O (.3 X W O N O O ~ X _ (~ fn p ~ ~ ~ O m ~ ~ +~ ~~ ~ ~ °~ ~ o ~ a Q ~ ~ `~ ~ ~ ~' U ~ ~ U ~ ~~ w ~ a a Z DC O ~ ~ ~ E ~ ~ U ~ ~ ~ U N ( ~ W Q Z C - O ~ N > O ~ ~ O Q ° ~ . ~ ~ N ~ ~ J W W a~ U a~ ~ ~ - ° ~o ~ Y o ~ o ~ a ~~ ago ~ o o ~o ~ 00 00 ~ ° ~~ c~ o U O ~~ ~ ~ o~ ~Q >o~ ~ '~ o ~ 0 _ Z W H ~~ o~~ . ~ ~ c~ ~ U~ ~~ >o ° ~o ~~~ ~ ~ a~ ~ a ~ ~ o ~~ o~ C7 Q a in c~ ~ ~ a~ a~ ~ > a~ ~~ ~ ~ ~ c~ ~ ~ ~°, Q Z ~~ ~ ~ ~~ OCR ~ ~~ ~ U ~ OC OC °~ ~ LL O ~ O ~ ~ o ~~ c~ ~ v ~ _ _ O~ ~ ~ ~.~~ ° ~_~ U ~ ~ m . ~ ~ o > .~ ~ i O ~ W ~ o ~ ~.~ , ~~ ~~ ~ ~ o in H J U ~ ~ o o c~ ~~ ~ >, ~ o~~ °~~ °~ :~ E Z Q Z .o U ~ oo ~ ~~ ~ ~~~ ~ ~ Z W Z Q ~ U ~ ~ ~~ ~ ~ in o~v-i~ ~~°O Z ~ . °~ o ~ a~ ~ Q U ~ ~ ` ~ ~ E>, ~> ~ ~ U W Z Z ~ ~ ~ ~ a~ ° o ~ ~ a~ o ~~U .~ ° ~ ~ x ~~ o o~ °~ ~ ~°~ ~ a~ c~ ~ O Z }'U ~ ~ ~ ~ ~ .o ~ ~ U~ ~~~ ~ W ~ a~ ~ ~ ~ U ~ Q ~ -~ ~ cn ~U a~ o i a~ > a~ ~ a~ U c~ c~ ~ ~ ~ a~ c~ E ~ ~ ~ o ~~ a~ ~ - o m ~~a,~ a~ ~ ~ U a~ E ~ o a~ ~ Z U a c~~ c~ ~ o oC a~ m U ao~ c~m ~ ~, z~ Qo c~ U ~ a~ ~ o c~ ° o~ Q 0 cnU~ 0 ~ U H ~_ ~ ~ ~ ~ = U ~ ~ Q N C N > ~ ~ W (~ ~ N - C (~ ~ W ~ cn Q a~ ~ ~ ~ o ~ O ~° ~ °~ o o ~ U ~ ~ Z O ~ N ~ U C ~ E~ O t ~ °~ ~ ~ o > ° i c~ Q Q ~ +-. Z ,~ Q ~ ~ ~ O C7 p o ~ ~ ~ ~ ~ ~ ~ ~ > ~ _~ ~ U a~ ~ a~ ~ ~ Z ~ ~ ~ o ~ m ~ °~ ~ ~ a ~ U ~ °~ o o -_ v ° ~ _ o E ~ ~ ~ o E ~ ~ ~ ~ i ~ ° ~ E ~U ~ DU U ~ 2 U ~ ~U ~U 0 U ~~a~a~~ off: ~~ ~- ~ ~ ~ ~ ~ ~ a~ i~ ~ ~~ ~ E O U -O O ~ O ~ O ~ O N O ~ ~ p N 0 ~= W Z N ~_ ~ ~ - O ~ Q U •~ C 0 0 O W ~ ~ ~ ~ ~ ~~ (~ c~ - ~ ~ ~ C _ o OJ C _ ~ V ~ C ~ C O O~ ~ O ~ O ~ ~ ; 0 0 0 W ~ O ~ O ~ o ~ o U o a~ ~~ o ~ W ~ ~ ~ o O > ~~ ~o W vi ~ ° ool ~- o Q-~ ~~ ~o~~ o ~~ ~ o ~ ~ ina~ C ~ ~ ~ ~. ` ~ U X X U O O ~ " ` ( ~ N U V N~ W W U E N ~ O Q~ ~ (n N (n ~ O~ ~~ ~ ~ X _ ~ ~ ~ c~ ~ - . O ~ O ~ O U J Q N E a ~ ~ ~ fn ~ ~ W ~ ~~ O N ~ ~ ~ ~ ~ ~ W -~ ~ . o H W - a~ o ~, ~ li a~ ~ o _ w ~~ ~ ~ ~~ w ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~~ a ~~ ~ ~ ~ w Q °'~ ~ cn ~~ N ~~ ~ °C oc N (~ (~ W ~- U C y J O O U O ~ ° ~ Q ~ o ~ O ~~ ? ~ E"a E Z W ~ E "O U "~ _ O ~ ~ ~ O~ O C C O: C O Q O ~~ N O ~ in ~ ~ ~ ~ ~ ~ ~ Q Z LL .~ m U ~ ~ ~'' ~ ~ ~ W c~ W ~ ~ LL ~ O U U~ o ~ O ~ °~ ~ ~ ~ ~ ~ U O w o ~ ~ ~ . ~ `~ ~ ~ ~ J U \~ ~ o Q a ~ ~ O ; z a Z ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ ~ w ~ ~~ ~ ~ ~ ~ ~ ~ ~ . ~ Z cn C7 ~.~ ~ ~ ~o~ ~~ O ~ ~ ~ in Z W - ~ Z O a~ E~ a~ ~ E~ ~ o ~ v ~ ~ ~:~ H Q ~ ~ ~ in ~~ . E Z Q 2 Z ~~ ~ ~ _ a ~ ~ _ a ~ ~ ~ ~ Y _ E ~ W WW Z ~°~ ~~ o~coi ~~ w ~o ~ ~ ~ c J E N N C N C ~ C ~ ~ C ~ a o o ~ ~~ ~ Q ~~ N ~ > x ~ ~ Q of oE~ o~cn ~~~ D ago ~~ ~ W H N ~ ~ ~ ~ ~ ~ ~ ~- a~ o ~ ~ ~- ~ ~ Z Q- ~ o }' ~ ~ o ~ a~ i~ a~ ~ Z V 0 ~U - 0 0 ~UU - ~ ~ ~ OU o U ~ Q J ~ ~ ~~ - (n OU (n LOL ~ ~ O ~ N ~ ~ ~ J ~ N= ~ - C C ~ O O ~O Q H U N W~ J Q ~ o .~ > W o O U H v U w o ~ Q ~ ~ ~ ~ ~ Z U a U ~ m ~ ~ ~ . p ~ ~ ~ Q w ~ ~ N 2 ~ ~ ~ ~ ~ o ~ ~ ~ p ~ o W O ~° i~ ~ ~' ~ ~ ~ ~ ~ ~- °~ ] Z ~ N ~ o v ~ ~ N ~ W N ~ . N ~ U ~ ~ O .c O ~ o ~ ~ o- ~ ° in ~ H ~ ~~ w ~ H ~ ~ ~ U ~ ~ o OC ~ c~ ~ o ~ W t Z ~ ~ o ~ ~ N ~ ~ N U fA W ~ p ~ N ~ +.. Z ~ ~ - ~ (~ m ~ ~ o . E o U LL }, ~ ~ C (~ ~ O + ~ ~ °~ c~ ~ c~ .~ W ~ .v N ~ ~ ~ ~ O , 0 0 (~ L N~ N= U' O .~ ~ N~ C O U ALL ~(n ~~ D O Q (nom J ~~ W~ U ~, ~ ~~ ~~. o > ~ >~ I ~ Q ~ ~ Cn O _ ~ ~ N Q ~ fn Q- o .~ ~ W ~ ~ o o. O W o ~ ~ E ~ Q v °~ ~ ~ ~ o ~ a~ a~ oi .~ U O _~ ~ o o ~ W o Q- o ~ c~ ~ ~ ~ ~ ~ O O ~ i, "~ .V ~ i ~ ~ ~ o O U W o l a ~ ~ o ~ ~} o -, ° ~ o ~ ~ ~ . ~ ~ ~ ° ~ ~ a~ o ~ ~ ~ c~ -a O~ p ~ O ~ O U O z C7 °~ cn ~ ~ ° U (`3 w ' a~ X ~ O ~ U _ Q ~ ~ ~ O ~ -O ~ y p ~ ~ ~ o ~ ~ ~- H W ~ o . W ~ c~ ~ o c~ c~ - W a ~ a ~ ° a°~ o (n J Z N °~ ~ ~~ ° ~ ~ o Q W W Q ~ o ~tS LLJ a i ~~ (n ~ U Z O z ~ E~ ~ o o ~ ~ ~ o~ ~ ~ Z ~° ~ ~ ~ ~ ~ .° W H ~ ~ ~ ~ app .v~~U Q Z ~ Ii ~E oC oC °' ~ ~ ~ ~ ~ ~ LL ~ O 0 m O > ; ~ cn a~ ~ O z ~ i~ i~ ai ~ ~ .~ ~ U O U ~ ~ ~ ~ ~ ~ ~ ~ ~~, ~ > ~'i o ~ ~ c~ ~ H J z a Q > ~ > ~ ~ ~ ~~ ~ ~~ U ~ ~~ ~ ~ Q } ~ ~ ~ ~ ~ ~ ~~ ~ ~ > z ~ o .~ ~ ~ ~ ~ ~ o ~Q:= ~~ ~ m ~ ~ z ~ a a ~~ ~ ~~ >, ~ , ~ , ~ ~ ~ ~ ~ ~° ~ o Z = Q Q Q ~ " (~ N (~ ~ ~ U ~ C7 (~ ~ (~ ~ O O O p ~ ~ C ~ N ~ > N W W W >, >, U U U U o o m ~~ c~ ~_ .~ ° ~ ~ ~ m w ~ a~ ~ a~ a~ .Y a~ .Y a~ .Y ~ ~ ~`~ ~ O m C'3 ~ ~ ~ ~ ~ a~ a~ a~ ~ a~ ~ ~~ ~~ `~~ ~ `~~ ~ `~~ ~ z ~ ~ E ooh o ~ o ~ a~ ~ }' ~ E W Z ~ ~ ~ ~ ~ c~ . ~ .~ ~ ~ aU c~ ~ H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ = cn a~ >,~ ~~ ~ E Z J LOL ~ LOL ~ ~ ~ ~ ~ ~ ~ ~ ~ U OU _ Z ~ ~ U ~ O O Q ~ ~ O W Q ~ ~ V N >' Z U O ~ ~ ~ ~ ~ W ~ o m ~ ~ ~ Q ~ Q ~ W O~ > z ~ ~ a' w w ~ O m a' ~ ~ ~ W U O Z ~ ~ Q N ~ ~ E HO "~ ~ ~' ~ o ~ °~ ~ ~ 2 U ~ W t N o ~~ > O ~ o ~ m > D ~ ~ ~ ~ ~.., w w , U Q a~ a~ ~ i m m Z~ Z c~ U Q H c~ ~ ~ v Q W a~ ~ J ~ C7 _ E U c~ c~ C7 ~ o ~ ~ o O ~ ~ Q ~Q > > ~ ~ (n U o 0 U NEEDS AND RECOMMENDATIONS OTHER COMPREHENSIVE PLAN ELEMENTS The various elements of the Comprehensive Plan identify new and/or expanded programs and activities which are to be coordinated with jurisdictions outside the City. These programs and activities, usually expressed in objectives and policies, require intergovernmental coordination to achieve their aims and further the goals of the element. Therefore, it is appropriate to summarize the activities and programs in the Intergovernmental Coordination Element as needs. For ease of cross reference, the location of the programs and activities in their element is cited. FUTURE LAND USE ELEMENT Palm Beach County Thn (~i n nrl Dnlm R +n mnLn nn'vnc+ Ci i n I nnrl I Inn T„~c-vrtS~et~Ftf6~F~c~--anrrcG~C~I tj~cv-~nuhc~C~lur~,r,Jc~v+~ t~F~STCrttli" n n of I I ~ A\ i n n rrJ nc~co-'a~T~~n n~Jterr~ki~+cv"v°cCi-~trFt~ ~ ° n rJ (' n i i n }~ ~ I ITT ~! ~ ,~ vT+v droll nn+i+inn fnr on in+nrlnnol onrnmm~n+ ~nihinh mini ilrJ olln~ni +h o+ Within the Delrav Beach Planning Area, the City's FLUM designation shall be in effect immediately upon annexation of a specific parcel. Following any annexation, the Future Land Use Map, and appropriate portions of the Comprehensive Plan, shall be amended to reflect the change in the City's boundaries [Policy B-3.3] Th~c-vTt~~oll ~ninrl~ ~nii+h D~R~~h~T ~i Dlonninn fln~~~~~~+~~n o~?? +~h~ > > The City shall, undertake the following program for the annexation of remaining eligible properties: ^ Preparation of an "urban services annexation report" as required by Florida Statutes, for each of the remaining designated annexation areas: A. Foxe Chase subdivision B. Delrav Community Hospital Area C. Barwick Road (lust north of Atlantic Avenue) D. Atlantic Avenue & Military Trail. (less the oortion of Country Club Acres west of Military Trail and High Point of Delray West) E. The North Military Trail / Barwick Road Area Area. F. High Point Delray Area (north of Atlantic Avenue IC -13 G. Country Club Acres (west of Military Trail (See Map #11 for a geographical description of the above referenced areasZ ^ Working in concert with the Palm Beach County Planning Department, address the annexation of improved property which lacks adequate sewer, water, street, and/or drainage facilities pursuant to the Palm Beach County Annexation Incentive Program; ^ Recommend whether annexation should be pursued, and if so, the means by which annexation should occur. ^ Accommodate individual voluntary annexations as the oooortunities arise. [Policy B-3.5] Palm Beach County School Board The City will continue to work with the Palm Beach County School Board to ~t « „ address the following: ^ nn~T~ini~a ~ Ih, holonced-~c~~. The City shall advocate for housing strategies that enable residents of different socio-economic background to live work and attend schools in our community. [Policy D-1.1 ] rDn~in., n_~ ~~ The City will strive to support specialized academies and choice programs to improve the diversity that has been compromised by recent boundary changes with the creation of neighborhood schools. [Policy D-1.31 ~tte~ee-d+~t~+c~-s~P-el+"~-D=~ The City shall work with the School Board to insure that a new middle school of the arts is constructed on the old Atlantic High School site (Seacrest Boulevard) enhancing the neighborhood in which it is located. f Policy D-2.31 ^ Providing appropriate infrastructure and physical plan improvements.[Policy D-3.1 ] ~T;n nrn„ic+inn of n nn~~p~,~rv}~r+~+`-,~J +L crl T [A~rn hnn~l i,rnr c+ni i{}~`y~J+~r in~~+h~~'+„~Tn~P crrl . m-~. . . (~i+„ fDnlin„ rl_4 Al ^ The City will continue to lobby for an equitable amount of funding and resources for schools located within the City. [Policy D-4.1 ] IC -14 Community Redevelopment Agency The City shall work with the Community Redevelopment Agency (CRA) for the improvement of neighborhoods within the CRA boundaries. onrl imnlmm~n+o+inn of nninhhnrhnnrJ onrl rnrJn~inlnmm~n+ nlonc. The City shall take the lead in the preparation of Strategic Task Team Neighborhood Action Plans (as described in the Housing Element). The unique powers of the CRA may be used in the implementation of appropriate provisions of such plans. [Policy C-1.2] Th~~ -vTt~LtIY-~~~cj D I n n n i n n n n rl 7 n n in~r+~„imT~ r~ r~ n r~ ~'a-cu~~~t~tFtlj('D~r}I-~~ ~~-pnnr~+in~r I~Inr~~~p~~nio~i ('nrrirJnr Imnrnvmm~n+ Drnnrnm fDnlin,i (~_i ill "~`"~ ~ ~~~ Pineapple Grove Main Street Organization ee+r~. The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. Opportunities to promote the area as a Arts District shall be emphasized. [D^'i^~~ ~'_^.^ POlicy C-3.4] PUBLIC FACILITIES ELEMENT South Central Regional Wastewater Treatment Board Cost Sharing: Commitments by the South Central Regional Waste Water Treatment Board for caoital exoansion at the wastewater treatment slant. are based on a 50%/50% cost sharing by the City of Delray Beach and the City of Boynton Beach. Costs related to operating the plant is based on the usage of Delray Beach and Bovnton Beach respectively. °r~~^^~RtmE+~S f~~Ea~t-aa ~(n°ncinn o+ of flnlrn,i Rnnnh nnrl Rn,in+nn Rnnnh n+ +hn +imn of +hn nvnnnc+inn. [POIICy C-V.2] li irl . n flic+ nc+n~nrn~;~j~~n~h~,p-^vrr Rnnrrl ~1~it," r~inl~,lr erg ~ t~x.~~~~ Innrl~nnn~li +~ ' fDnlin,i !''_x.41 IC -15 The City, through the South Central Regional Wastewater Treatment Facility Board, shall continue to monitor the area of effluent reuse with the ultimate goal of reclaiming and reusing more effluent from the wastewater treatment plant for irrigation. if and when such a program becomes technically and economically feasible. Priorities for expansion should be on golf courses in the City, large home owner associations on master meters, and in the Coastal Planning Area. fPolicy B-1.11 CONSERVATION ELEMENT li irJnn flicnnco~~rn~~~j~~~h~ i~r RnorrJ~ ~i~,tj~~ n ~niil e~h tk>•1~~~~ IonrJ onnli +inn nrn v o oc+ fDnlin~i ~_i ill rarra-apprrEa nvri-=ar~~eT~s~~~ ~Crrr~"') `v ° ° ~e~s~rv'TC-y-~-r-r. T! The City, through the Regional Wastewater Treatment Facility Board, shall continue to utilize and expand its use of reclaimed water from the wastewater treatment plant. Priorities for expansion of effluent reuse should be on golf courses in the City, large homeowner associations with master meter systems, and in the Coastal Planning Area. [Policy A-4.7] South Florida Water Management District (SFWMD) The City is committed to support the emergency powers of the District with respect to conservation of water sources. When the District imposes water restrictions, the City will impose those similar restrictions which are available under the City's emergency water conservation powers. [Policy A-4.9] This program is already institutionalized in the City, but implementation of activities may be considered as an expansion of intergovernmental coordination. The City shall work with South Florida Water Management District to permit innovative techniques of pervious paving/surfaces to reduce water runoff and promote percolation/stormwater recharge. [Policy A-4.11 ] Palm Beach County Department of Environmental Resources Management The City l shall encourage continued monitoring and enhancement of the Lake Ida water quality,~L-a~~ by the responsible agencies, with the goal of achieving a level of water quality that will allow swimming. [Policy C-2.1 ] Achieving this goal may require coordination with other responsible agencies. IC -16 ni ihlin cn~nionn ni imn_ni i+ c+o+innc fDnlin~i ('_7 71 Palm Beach Countv Solid Waste Authority The City shall work with the Solid Waste Authority to increase the number of materials accepted for recvclinq to include items such as Styrofoam and plastic baps. (Policv D- 1.1 The City shall continue to support the County's education program to increase participation in recvclinq. (Policv D-1.21 TRANSPORTATION ELEMENT Palm Beach Countv The Citv endorses the Palm Beach Countv Traffic Impact Fee Program and commits to the collection and transfer of funds pursuant to that program. [Policy A-2.51 Metropolitan Planning Organization (MPO) nnnL hni irn nnrl ilk mini i+nn in +hn nff_nnnL hni irn h,i 7(li ~ fDnlin,i fl_4 ill The City shall coordinate with Palm Tran and the MPO [through the Congestion Management System (CMS)1 to increase the number of buses on the Palm Tran routes to reduce headways to 20 minutes in the peak hours, and 45 minutes in the off-peak hours by 2015. (Policv D-3.31. Implementation of the in-town shuttle system described in Policv D-3.5 shall be coordinated with the MPO through the Congestion Management System (CMS) by the year 2010. f Policv D-3.61 Community Redevelopment Agency The City and the CRA shall, on a continuing basis, assess the need ~^~i'~~k to install additional bicycle facilities in the Traffic Concurrency Exception Area to accommodate IC -17 and encourage the use of bicycles as transportation. These could include bike lanes, bike racks, bike lockers and other bicycle parking facilities. rDnlin" n_~.~ Policy D-3.41. The City and the CRA shall °c+ohlich o nlon fnr ~n continue to monitor the feasibility of the existing in-town shuttle system providing service between thy, ^'^~^~n~^~~Tri-Rail, and the beach with headways of ~~ 20-30 minutes. [may ~s3 Policy D-3.51 Florida Department of Transportation (FDOT) The City shall continue its opposition, as expressed in Resolution No. 86-95, to increases in the minimum bridge clearances across the Intracoastal Waterway. [Policy A-7.4] hin„nln trnffin hn nnnnmmnrlntnrl thn i mm~hnc+ic+ nn c+nfnr hin„nln mnvmm~ntc+ /i n i it fnnt ~~ . Bicycle traffic shall be accommodated in the design and construction of Collector and Arterial roadways. These improvements are to emphasize safe bicycle movements by including bicycle lanes where there is sufficient right-of-way. 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. [Policy D-2.1 ] ~F +In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM (Transportation Demand Management) activities-, including but not limited to ride sharing, van pooling,. and flexible work hours. These activities shall be completed in FY 09/10. [Policy D-3.1 ] COASTAL MANAGEMENT ELEMENT Florida Inland Navigation District (FIND) Thn (~i t nnn in nnnn ,n,ith ClAlfl to l3 t+atf~~ t n n„ ~l4 ~~~t I of c+n„ rnl nnrnnlc+ of ~ ~ riTC-vr ccTr~rr~TCC~c ~vrcrri-rrv~r~ c-cv r-cr~ cv rai-pccrccrs-cT rnc~~ ~T~nn~s onrJ nrnGC ~nii~ - - ~ nlunninn - fnr imnrn"~^n ~ n ana ~ge~e 650 (Mang zJQ ~a ~r° +~-~~t#~1s^~T Florida Inland Navi rove Park) shall be controlled so ~r ~r~ gation District ( that their long r°'~r vv cr FIND parcels 645 and -term use serves the environmental purposes of this goal area (See Goal Area "A" Parks and Recreation Department, shall continue to work with ~ The City, through its FIND to transfer these properties into City control upon termination of their need by the District. The City through its Parks and Recreation Department, , shall continue its programs for the IC -18 acquisition and perpetual use of the FIND properties as marine and wildlife habitats through retention of flora and fauna and the possibility of sites for the relocation of mangroves which must be relocated from elsewhere along the Intracoastal Waterway,, and development of Intracoastal Waterwav access. [Policies A-2.1, C-4.1, and C-4.2] Neighboring Communities The City shall monitors development requests in adjacent communities. ~~^v Tic "~~ ^^t~t+aTcv-~,pcc^~T~~^~taa~~ ~,^,~„ ~n~ ;~ . If it is not apparent that there will be no adverse impacts upon the Intracoastal Waterwav, the item shall be referred to the IPARC (Intergovernmental Plan Amendment Review Committee) or Treasure Coast Regional Planning Council for review and mediation as needed. [Policy A-2.3] The City shall, through ~+c m^mh^rchir~ .n the Palm Beach Countywide a°u~~~chc°~-^~ Chvr^rvrc~ Coastal Council, exchange information regarding beach/dune system protection and management, sea turtle protection, habitat protection and enhancement, and water quality. [Policy A-4.1 ] The City l shall continue to participate with its adjacent units of governments along the Intracoastal Waterwav in responding to t#e+~ efforts of the others to implement programs contained within its Comprehensive Plan or +~ their eComprehensive pPlans ......... ...... ............... ............ r............ ~ r........... ............., r............. ~ .......,...... ........,........, ........ for the orotection of livina marine resources. the reduction of exoosure to natural hazards. and the continuingprovision of public access. [Policy A-4.2] Palm Beach County The City shall continue to supports the concept of "countywide" application of regulations which are targeted toward the protection of existing resources. When such measures are enacted, the City l shall provide a~t~ the clerical and technical support personnel, in the appropriate department, to provide for ~a-~~;~~ the effective implementation of *"^ n,^n~~ ,~^~ such ordinances. [Policy A-4.3] The City l shall request that the County study the feasibility of establishing a deep water artificial fishing reef in the Delray Beach area in conjunction with ##ei~ its artificial reef program. [Policy B-1.~5] Florida Department of Environmental Protection (FDEP): Additional marina facilities and waterway access shall be provided pursuant to A the boating facility siting plan ",~~~~T in the Palm Beach IC -19 County n~ n~r+ of +"^ }Manatee Protection pPlan adopted on August 21, 2007. ~}2 +hn nn„ir.,nY„nn+ [Policy B-1.2] OPEN SPACE AND RECREATION ELEMENT Palm Beach County School Board ~ Ca~nnl Rnnrrl fnr fi linh~n~n~~ , fiiD~n IT1 ~~ CuI~CQn~~ py~+nr nnrl ( nr,inr ~Airlrlln C/'~hnnl T l.iTf[ ~QQi~QGTI~r The City through the Parks and Recreation Department, l shall continue its formal relationship and program with the school d district for the joint use of school grounds for active sports such as soccer, and for the creation of educational programs such as the use of nature and interpretive trails. [Policy A-3.4] This program is already institutionalized in the City, but implementation of activities may be considered as an expansion of intergovernmental coordination. HOUSING ELEMENT Community Redevelopment Agency Strategic Task Team Neighborhood Action Plans, prepared by the Communitv Improvement Department, for areas designated as "needing revitalization" on the Neighborhood Categorization Map shall have input from the Communitv Redevelopment Agency if located within the CRA district. [Policy A-5.5] olimino+o +hncn horrinrc fDnlin~i R_4 ill Federal Department of Housing and Urban Development/ Florida Housing Finance Agency The City will participate in state and federal programs such as u,-,~°~~, SHIP (State Housing Initiatives Partnership) and HOME to provide for the purchase and I C -20 rehabilitation of existing housing and the construction of new housing. [Policy A-~2 A- 7_2]. Th~vrt nr~n~ny mc+~~ +~~n j ~[~'~t i ic+inrv Ini~ Palm Beach County School Board The future of the public schools located in the City of Delray Beach is vital to the future of the associated neighborhoods. The City will continue to lobby the Palm Beach County School d District to provide investment in physical improvements, staffin~C and curriculum in order to have t~}1.~^^"cn^w^;~~^cac°cc ~~,=~:g„~t~~ "cTr'a"r/r'Ir'rt'utivY'rr-aTra ^.,;+.,I;~.,+;^r -,~^-,^ these facilities be assets to the neighborhoods. [Policy A-1-¢1 A- 13.1] Where appropriate, the City will work in partnership with the School District to facilitate the improvement of local schools. If the City determines that financial investment is required, such investment shall be accomplished through interlocal agreements with the school district. [Policy A-13.21 Delray Beach Housing Authority The City shall, through its Housing Authority, pursue increases in its allotment of Section 8 vouchers/certificate to provide for affordable rental housing. However, the City will not participate financially in the construction of new affordable rental housing projects. [Policy B-1.5] The City will continue to work toward improving relationships with those entities with which coordination problems were identified in the assessment section of the Element. IC -21 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" USE OF INTERGOVERNMENTAL COORDINATION Objective A-1 Coordination of Plans Policy A-1.1 Distribution Prior to Adoption Policy A-1.2 Consistency with Adjacent Governments Policy A-1.3 Mediation of Conflicts Policy A-1.4 Provision of Services and Information Policy A-1.5 Annexation Coordination Policy A-1.6 Continuing Application Policy A-1.7 Adjacent Local Government Notification Policy A-1.8 Assessment of Local Government Impacts Policy A-1.9 Designation of Joint Planning Areas Policy A-1.10Collaborative Planning for Matters of Interjurisdictional Significance Policy A-1.11 Regional Water Supply Objective A-2 Coordination of L.O.S. Standards Policy A-2.1 Distribution Prior to Adoption Policy A-2.2 Provision of Information Policy A-2.3 Resolution of Conflicts Policy A-2.4 Continuing Application Objective A-3 School Board Coordination Objective A-4 Coordinating the Needs of Other Elements Objective A-5 Improving Intergovernmental Coordination IC -22 GOAL AREA "A" A CONTINUOUS AND COORDINATED EFFORT WHICH INVOLVES ALL AFFECTED UNITS OF GOVERNMENT, REGULATORS, AND SERVICE PROVIDERS SHALL BE MADE IN PURSUIT OF ACCOMPLISHING THE GOALS OF THE COMPREHENSIVE PLAN Objective A-1 The City's Comprehensive Plan shall be coordinated with the planning and service delivery efforts of those units of government and agencies which may be impacted by it. This objective shall be met through the following: Policv A-1.1 Notification of proposed plan amendments shall continue to be provided to all local units of government in Palm Beach County through the Interlocal Plan Amendment Review Committee (IPARC), and to affected adjacent municipalities and service providers through direct notification. Policv A-1.2 Amendments to plans of adjacent units of government shall be reviewed pursuant to the formal plan amendment review program. The City Manager, or his designee, is authorized to issue a statement of "intent to object" when the actions of another municipality may affect the City of Delray Beach. Such situations may be analyzed by the Local Planning Agency who shall recommend to the City Commission any formal objection which is to be made. Policv A-1.3 Conflicts which may occur in the implementation of the City's Comprehensive Plan or which may occur in the implementation of the Plan of a neighboring jurisdiction shall be brought to the attention of the affected jurisdiction in order to resolve the situation. If an early resolution of the conflict cannot be achieved, the item will first be taken to the Multi Jurisdictional Issues Coordination Forum for review and direction. If further resolution is still necessary, the informal mediation process provided by the Treasure Coast Regional Planning Commission shall be pursued by the City of Delray Beach. Policv A-1.4 The City Manager's Office through its Planning and Zoning Department shall maintain a listing of entities affected by this Plan and shall provide to them information regarding City actions which affect provision of services or plans for facilities which affect them. Policv A-1.5 Future annexations by the City of Delray Beach shall be carried out pursuant to Policy B-3.5 of the Future Land Use Element (Annexation Program) and shall be consistent with adopted annexation policies of Palm Beach County. Consistency shall be determined by specific notification of each annexation to the Planning Director and concurrence by that office. IC -23 Policv A-1.6 This objective and its implementing policies shall be followed for each proposed plan amendment. Policv A-1.7 Whenever a development proposal which involves a private land use petition that requires development review or implements a development activity proposed in this Comprehensive Plan and it is located within one- quarter mile of the boundary of an adjacent unit of government, a copy of the development application or development activity description shall be provided to the affected unit of government upon its receipt by the City of Delray Beach. Policv A-1.8 The staff report prepared for any development application or development activities proposed in the plan and provided to the Local Planning Agency or other City approving body shall contain an assessment, if applicable, of how the proposed activity may affect the existing plans of any adjacent local government. Policv A-1.9 The City shall coordinate with Palm Beach County to designate ##ese portions of the unincorporated areas within the City's official Planning Area as "Joint Planning Areas". Those areas shall be subject to the policies included within Future Land Use Element Objective B-3. This coordination shall be accomplished through the execution of an interlocal agreement with Palm Beach County~t~-in ^n° „n~~ frnm +hn rln+„ of n.dnr~+inn of thin nn~;,,., as required by Florida Statutes. Policv A-1.10 The City of Delray Beach shall utilize the Palm Beach Countywide Intergovernmental Coordination Program as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities. The Multi-Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of interjurisdictional significance including, but not limited to, the siting of facilities with countywide significance and locally unwanted land uses. Policv A-1.11 The City shall support efforts to integrate land use and water resource planning to ensure the availability of water for regional water management purposes. Accordingly, the SFWMD shall be designated as a commenting agency on large scale plan amendments and other projects with potential impacts on regional water resources and programs, and shall be encouraged to provide comments prior to any action on the amendments, rezonings or development projects with regional impacts, made by the Local Planning Agency /Zoning Board, or the City Commission. Objective A-2 The level of service standards contained within this Plan shall be reviewed by and established in conjunction with the entity which has operational and maintenance or planning responsibility for such facilities. Policv A-2.1 During review of any Plan amendment which involves changes to the level of service standard, letters shall be sent to each entity which is affected by a level of IC -24 service standard adopted pursuant to this Plan. The letter shall ask for concurrence with the proposed standard. Policv A-2.2 Additional information as to the basis of the level of service standard shall be provided to said entities upon request. Policv A-2.3 Any conflicts emanating from Policy A-2.1 and which are not resolved prior to resubmission to D.C.A. shall be taken to the Interlocal Plan Amendment Review Committee (IPARC) and Multi-Jurisdictional Issues Coordination Forum as appropriate, for direction and/or mediation. Policv A-2.4 This objective and its implementing policies shall be followed for each proposed plan amendment which affects a level of service standard. Objective A-3 The objectives and policies contained in Goal Area D of the Future Land Use Element and which provide mutual obligations for the enhancement of schools in Delray Beach and the furtherance of School District policies shall be coordinated with the School District;. w"Pitch r''^°I of imr~l~~~~ ('i rJnr~~ r~lon n+i+IorJ "Chorinrr fnr t#~.~~-~,-,~~ t-~t' t#c~t~ ed--p,~~e,~RR~~9-,~ €~c eef l epee--i+~~c~sets~9-94=. Objective A-4 The City shall emphasize the intergovernmental coordination activities needed to achieve the policies and programs identified in other elements of the Plan, as described in the Needs and Recommendation section of this Element. Objective A-5 The City shall seek to improve relationships with those entities with which coordination problems have been identified. I C -25 C A P IT A L IMPROV E M E N T E L EMENT OF THE COMPREHENSIVE PLAN CITY OF DELRAY BEACH BACKGROUND The text of the Element is a summary of the complete inventory, analysis, and recommendations which are contained in the following source documents: ^ Capital Improvements Element (City of Delray Beach, 1989) ^ Evaluation and Appraisal Report (City of Delray Beach, 1996) ^ Evaluation and Appraisal Report (City of Delray Beach, 2006 The source documents, along with other documents which are cited in the Element, are available for public review in the Planning and Zoning Department offices at 100 N.W. 1st Avenue, Delray Beach, Florida. INVENTORY The inventory of capital improvements consists of programs and projects identified in other elements of the Comprehensive Plan. The time frame of these improvements is usually five years, ~"~^~ pry" ~nn~, although some needs have been identified through ~t 2025. In Delray Beach, as the City approaches build-out, many of these improvements involve maintaining the established levels of service for existing facilities through renewal, replacement, and correction of localized deficiencies in existing systems. These are most often part of on-going programs, funded annually, such as street resurfacing. Other capital improvements identified provide new facilities. Many of these improvements are identified in system master plans (water, sewer, stormwater, etc.) to improve overall level of service and meet the quality-of-life desires of the community. CI - 1 POTENTIAL CAPITAL NEEDS AS IDENTIFIED IN OTHER ELEMENTS CONSERVATION ELEMENT Maintain/Replace/Enhance existing facilities ~ L°~;-T~eek~En„~ne~taa~ser~e-I~~te~e+"sari ^ Continue the beach erosion control program Provide for projected new conservation facilities ^ Preservation program for the Donnelley Tract ^ Preservation program for the FIND parcels PUBLIC FACILITIES ELEMENT Maintain/replace existing facilities, equipment and infrastructure ^ Renewal and replacement programs for infrastructure components, including streets, stormwater management, water, sewer, and buildings and facilities Mainframe, software and other computer equipment ^ Golf course improvements ^ Vehicle replacements ^ I/I reduction program Provide for projected new facilities, equipment and infrastructure ^ Water main extensions ^ Sewer main extensions ^ Aquifer storage and recovery (ASR) facilities ^ stormwater facilities (stormwater Master Plan) ^ stormwater facilities (NPDES permit) ^ Reclaimed Water System CI-2 OPEN SPACE AND RECREATION ELEMENT Maintain/replace existing parks and facilities ('o+hnrinn C+rnnn ('nn+nr imnrn~mmnn+c (~nmmi ini+~i (inn+nr nvnoncinn Coroh (~_'Inocnn Dorn rni icn ^ Develop new parks and facilities (lnn orJrJi+innol hno+romn /In+ronnoc+ol\ 9 DinlrJ link+inn o+ Di ill Cnr~iinn ('nn+nr onrJ ('or~mr nAirJrJln Cnhnnl Cni i+h~nmc+ norh rJn~minmm~n+ In+nrnrn+i~m +roil o+ I nnn \A/nnhnc Gn~iirnmm~n+ol Drncnr~m ^ Develop Urban Park at Old School Square ^ Develop Western Community Center COASTAL MANAGEMENT ELEMENT Maintain existing beachfront conditions ^ Beach Nourishment Program ^ Seawall maintenance and repair program PUBLIC EDUCATION AND HEALTH SYSTEMS The City is completely within the Palm Beach County School District. Within the City are: one high school, one middle school, and five elementary schools. The Delray Beach Full Service Center has been established at the site of the former Carver Middle School providing community-based services including counseling, alternative education programs, adult education, Head Start and health services. Provision of appropriate public educational services in Delray Beach is a capital improvement matter only to the extent of the City's participation with the School Board CI-3 in the provision of adequate infrastructure. Otherwise, it is a political matter. Goal Area `D' of the Future Land Use Element addresses this subject. The City's health system needs are met by two hospitals within one mile of the City limits: Bethesda Memorial Hospital and Delray Beach Community Hospital. The County Health and Rehabilitation Center is located in the City, along with a County social services center. REVENUE SOURCES AND FINANCING MECHANISMS REVENUE SOURCES: The City receives revenue from the following major sources, which are described in ('~~ "^nci~i^ ~nniiol ~inon^i~^~~~~ ~i^or ^nrJ~QCn~+~~h^~~ etas in t e ~ ~-~~ ' °°~ .,rte irf *"^ Approved Budget for the fiscal year starting October 1, ~ 2007 and ending September 30, X9-96 2008: General Revenues: ^ Ad Valorem Property Taxes Operations - $~ 6.14 per $1,000 of assessed valuation (Maximum $10.00) Debt Service - $8~5 0.43 per $1,000 of assessed valuation, voted debt with no legal limit except that imposed by the municipality ^ Sales/Use Taxes City's distribution of the County gas tax levy on motor and special fuels. The City receives ~ 33.435% of all sums collected on the first six cents levy and 21.0759% of all sums collected on the second five cents levy. ^ Franchise Taxes Derived from the granting of non-exclusive rights to public service companies for the right to construct, maintain and operate within the corporate limits of the City. Fees are 6% on electric, 3°- ^n Ea",~tefe~~ic~~'-o-o~;QEartefc~~ 5% on gas, and $^~ 47,000 annually from the cabana beach services. ^ Utility Taxes Taxes imposed on electricity, metered or bottled gas, ~n~ +^I^nnmmi inino+inn ^Y~~. Taxes are assessed in the amount of ~,~ 10% on commercial and residential electric~it" ° °n ~i'^~^~°t~~:°~t;en f,-r-~i~~t;n;T ~o and 4 CI-4 cents per gallon for metered or bottled gas, .,rte ~ ~°~ f^~ n„~ep.,.~m +^I^nnmmi inino+inn c^r~iin^c ^ Communications Service Taxes Taxes are assessed at 5.52% for telephone and cable service. ^ Intergovernmental Revenue City's distribution by the State of Florida for cigarette taxes, gas taxes, and mobile home license taxes. Fees include e~~t+e~a--e~t~h~.~~~~t~h~~3~ee~s~~i ^ n ~c~~Ek~f EigaT~~~es ~^'~~t#c Qe~t~-a~-c~State Revenue Sharing funds `"'h;^h ;r^~,,,~^ EigaT~tt°~-~d-ga~ tt~~^cvTl°ccciv~.r as well as a 1 /2 cent sales tax, and a mobile home license tax which is in lieu of ad valorem tax. Also included in this category are County, State, and Federal grants for the Children' s Services Council, Community Policing Officer Grant Program, and the Parks and Recreation after school programs. ^ Licenses and Permits This category includes occupational licenses, building activity permits, and landlord/tenant permits. ^ Service Charges These revenues are derived from a variety of governmental services to include public safety services (Fire/Emergency Medical Services) to other municipalities and townships to include Highland Beach and Gulf Stream, tennis operations, emergency medical services and transport fees, parking fees, and our parks and recreation and cemetery operations fees and charges. ^ Fines and Forfeitures This revenue consists of fines for traffic violations, non-compliance with building regulations and codes, late payment of property taxes, operating a business without a current business license, false alarms violations, and for construction without a permit. ^ Miscellaneous Revenues This revenue category consists of interest earnings, contributions from other entities, and transfers from other funds of the City. CI-5 OTHER REVENUES: ^ Connection Fees Water $~~ 788 per unit Sewer $~99 1 084 per unit ^ Enterprise Funds Stormwater Utility Fund Stormwater utility fees Water and Sewer Fund Water and sewer rates Service charges Sanitation Fund Garbage, trash, yard trash, bulk waste, and recycling fees Municipal Marina Fund Marina slip rentals Delray Beach Municipal Golf Course Fund Greens fees, cart rentals, restaurant and lounge charges Lakeview Golf Course Fund Greens fees, cart rentals, restaurant and lounge charges ^ Expendable Trust Funds Cemetery Perpetual Care Fund Cemetery lot fees Crypt, niche and internment fees Special Projects Fund Resident and non-resident donations and fees for special events, activities, classes, or projects ^ Assessment Districts A legal framework exists for creation of special assessment districts for accelerating project priorities. CI-6 ^ Special Revenue Funds fln~nintn~nin flnvnlnmm~nt /\i ithnrit~i /flfl/\\ ~niith n In~ni of (1 Qr-. millt+ e (~nmmi init~i Qnrlnvnlnmm~nt /\nnnn~i /(~Q/\\ ~niith tnv innrmm~nt finnnninn Developers Land Contribution Fund (In-lieu, Parks), $500 per residential unit ^ Law Enforcement Trust Fund Forfeitures of confiscated property by Police Department ^ Community Development Fund Federal, State and local (County) grants to improve targeted areas of the City ^ Beautification Fund Tho+ nnr+;nn 10% of the utility tax fr~~°~te-~.5°~for landscape installation and maintenance of beautification on median strips and other landscaped areas FINANCING MECHANISMS: The financing methods in use by the City include: ^ Pay as you go from operating and non-operating revenues ^ Short-term and long-term borrowing from banks using operating revenues ^ Short-term capital leasing ^ Developer contributions ^ Donations ^ Interim-term borrowing from banks using operating revenues ^ Grants, both participating and non-participating ^ Long-term borrowing from municipal bond sales paid for by operating revenues: • ~i~e-~5} Three 3 outstanding general obligation bonds • Four (4) outstanding special obligation bonds • ~#Kee-(~} Six 6 outstanding water and sewer revenue bonds • ~° Five 5 outstanding capital leases CI-7 ANALYSIS Local Policies And Practices In 1989, the City had significant infrastructure problems. Water lines previously installed were undersized and deteriorating due to their age. Water pressure was a problem in several areas. Sewer transmission lines had high levels of salt content, and infiltration and inflow were also a problem. Storm drainage flooding was significant in several areas. Streets and sidewalks were in a poor state of repair or non-existent in several areas. The major arteries of the City were decaying, which was discouraging use of the downtown area. Starting in 1989, the City initiated amulti-phased improvement program utilizing bond issues to resolve these severe infrastructure problems. The City then established annual renewal and replacement funding to improve and maintain the infrastructure that was in place or being installed during this period. Instead of focusing on growth dollars from new development, the City focused more on improving values of existing real estate. By improving infrastructure and beautifying areas of the City, the main arteries and the downtown areas were improved to the point that a demand was created for vacant business buildings and the entire image and reputation of the City was improved. Current local practices that guide the timing and location of construction, extension and increases in capacity for public facilities are described in the Guidelines for Prioritizing Capital Improvement Projects. Fiscal Assessment A current review of the General Fund and Enterprise Funds finds that capital improvement implementation needs could be accomplished without additional bonds, and the attendant impacts upon operating costs can be met with conservative increases in revenue. A five year Forecast of General Fund Revenues and Expenditures is attached. The City could readily accommodate additional bond expenses, if necessary, as shown in the attached Pledgeable Revenue Matrix for the City of Delray Beach schedule and the Debt Summary which shows existing debt service coverage ratios. Relationship Of Capital Improvement Programming And Implementing The Goals, Objectives And Policies Of The Land Use Element The goals, objectives and policies of the Future Land Use Element relate to the appropriate development of remaining vacant land, the provision of services for development, the continued renewal and redevelopment of the City, and the enhancement of the public school system. In a city approaching build-out, such as Delray Beach, there are different priorities for projects than those in a growing community. Large vacant areas without infrastructure ci-s no longer exist, but redevelopment and infill development continue. Major infrastructure systems such as water, sewer and roads are in place. Capacity for major systems such as water and wastewater treatment, street networks, and stormwater conveyance are already sufficient to serve the build out population. Provision of infrastructure to provide services for new development is the responsibility of developers through the concurrency review process. The issues in the community have shifted from providing for the accommodation of new development to maintaining existing systems, correcting deficiencies in specific neighborhoods to assure that all parts of the City receive the same level of service, and providing for the quality of life desired by the community. There is a hierarchy of needs in a built out community, and decisions regarding the expenditure of limited funds follow that hierarchy. The section on Prioritization of Capital Improvement Projects describes the framework within which budget decisions are made for both the annual Capital Improvement Budget (CIB) and the Five Year Capital Improvement Plan (CIP). The framework for decision-making, and the CIB and CIP, implement the goals, objectives and policies contained in the Future Land Use Element regarding service provision and redevelopment. GUIDELINES FOR PRIORITIZING OF CAPITAL IMPROVEMENT PROJECTS Introduction The following describes the framework within which budget decisions are made for both the annual Capital Improvement Budget and the Five Year Capital Improvement Plan. Critical Items Critical items are those which must be satisfied in the current year. They are necessary to the continued operation of the City and the normal delivery of services to the community. These items may force changes in project priority, displacing or delaying scheduled capital projects. The most important of these are service interruptions. Service interruptions include any failure in the physical systems of the City which prevent the delivery of a service. For example, major potable water system breaks, or the failure of the emergency communication system which would prevent service delivery to a portion or all of the community. These interruptions are usually unforeseen, but because of their nature, will take precedence over any other programmed project. Other critical (short-term, immediate) needs could include the following: CI-9 ^ storm damage ^ facility damage (leaks, roof collapse, etc.) ^ facility contamination ^ emergency equipment breakdown or damage ^ unforeseen, one-time opportunities Mandatory Items These are short term needs which should be satisfied within one year. Similar to critical needs, they are necessary to the continued optimum operation of the City and the normal delivery of services to the community. Unlike critical needs, they will not necessarily displace other planned projects, and can be planned ahead. Examples of such needs are: ^ Corrections of deficiencies in internal (operations) infrastructure • emergency line department operational deficiencies • other line department operational deficiencies • other staff department operational deficiencies • Correction of deficiencies in external infrastructure • Legal/contractual requirements and commitments, bond covenants and commitments to capital projects after bonds are sold, annexation agreements, and grant requirements • Maintenance of infrastructure • Severe neighborhood flooding • Structural integrity of public facilities Desirable Items These are the long term needs identified by the community to maintain and improve quality of life. These needs should be satisfied in a time frame that exceeds one year and can be planned for the most efficient use of available funds. Examples of such needs include: ^ Correction of level of service deficiencies in specific neighborhoods. CI-10 • extension of infrastructure to inhabited areas where none exists • upgrading infrastructure to meet the adopted level of service standard • Improvements to the efficiency of service provision or to productivity • Provision of new services and facilities • Upgrading outdated technology NEEDS AND RECOMMENDATIONS Implications of Meeting Identified Needs Level of Service standard deficiencies have been nearly eliminated. Remaining needs in this area can be met without bonding or increasing rates. The City generally follows a "pay-as-you-go" philosophy. While the needs of the City could be met without such vehicles as bonding or increasing rates and taxes, the time frame required to fully implement the projects may not be acceptable to the community. Community desires and overall project cost efficiency may dictate financing for specific needs. Needs have been specifically identified, in master plans, for several public facility categories, including water distribution, wastewater transmission, water supply, and the stormwater system. It appears that these needs can be met in an acceptable time frame by relying upon the revenue from their respective enterprise funds. "nn ?_~ini i_nn" nnnrnn +~ i innrn rlinn rlrninnnn hnc+inc+~~ ~i ~niirln ~niill ~~ ~ ~ T ~ ttli ., ,., ~ i C e~tCt~~e~s~-li~~~ , , cn ic-r r~vvrv in ~? ~ninrl~ rJnnc~i (~ nr nr, i inrl rlnrl if nrnhl of nn nninn v~tt`7•I~1--~KtfB~S ~e~S,e~F ,cam--ar~~crrrcr ca--rrt~~C~rcr~re~S nrn~iirJn onnnn+ohln firn nrn+nn+inn onrJ ~nio+nr nrncci irn Another major category of public facilities is the streets system. The City currently allocates funds annually for such items as street resurfacing, street reconstruction, and sidewalks. Efforts are made to prioritize such work efficiently and to coordinate with other programmed work such as water and sewer projects. However, there is no overall master plan for all the components of a street system, including roadways, sidewalks, CI-11 street lights, drainage, and signs and markings. Without such a master plan, it is difficult to efficiently address problems in the area, and impossible to identify the proper level of funding needed to provide a uniform and equitable level of service to all parts of the City. These components are currently being added to the citywide GIS system. When completed, this will provide the necessary information to identify problem areas and make funding decisions. Proposal for Meeting Identified Needs The hierarchy of needs expressed in the Guideline for Prioritizing Capital Improvement Projects should be followed in the development of both annual Capital Improvement Budgets and the Five-Year Capital Improvement Plan. To fund unforeseen critical items and provide cash flow prior to the receipt of ad valorem tax distribution, a general fund reserve of ;~ 25% of the recurring annual operating budget, excluding major one-time costs such as those related to bonding, should be maintained. The specific plans and studies recommended in other elements should be completed to identify the costs and funding options to implement identified needs. The goal of these activities should be to correct remedial public facility needs in ~~ 5-10 years. CI-12 r~~Q~ FUND REVENUE AND E)LPEN~E FIVE YEAR FORECART REVENIJt's$ ti] FY 08 FY OY IY 90 FY 19 FY 72 AD VALOREM TAXES 6409,000 83,tI35~'47 SBr8T8,927 tiQ999,8Z1 83,x,741 ao VAIAR®YI TAX158 - DELINaue+~ 72,000 74,880 ns75 soeea e+I,~eo SJILES AND 118E TAXI 1,45iZ,000 1~i0,080 '1.57Q,~ 1,853,303 1 X6,684 ~ TA70sS x,520 5,885,101 8,099,706 B~343 8,697,441 illll.ITY TAXES 4,3~,DOD 4,543,760 4,725.610 4,914,!131 8,717,1'!7 OTHER TAXES 3,90QAD0 4,058,000 4,218,240 4,388,970 4ti6B2,44$ 4,~7~00 4~r844~98 tx,0~7',984 6,238.604 5~449,D84 I AL 7,296,875 7,588,542 7,892,084 8~OT,7B7 8.636,078 CFlAROES fOR 3 T.Q~7TD 7,290.181 7.581,787 T,885,038 8,200A'39 FINES d~ RORFH711R~ 844rl00 87'8.178 99 9+~~ 98T,8Z9 INl'ERR1liD TRAFISFERS 95x000 15,000 95,000. 2000 20,000 CONTRiBU'f1ONS FROM 43iHER F11AD8 2.8+14,910 2,968,788 3,077,087 S.2a0.17'# 3,S'ffi,17T REDOVERY OF ADMIaSTRATNE COBFS Z,135,57-0 $x,089 2 ~,8~ 2.~~8 28,37 S 4,72r.-,638 4.Z8Q~69 4e4BeZ~88 4.$4QT79 4,828,479 S11I1-'1'10TA1. 98~857~4'!1 99,$79.BS6 704.8,081 19Q,~+{~f 915~4~9aB PRIOR YEAR SLAiPL1JS 1,623.545 - - - PRIDR YEAR R14NCES 330,480 - - - - 11'EJYt TOTAL REVBfl1t38 t0~E1801TUt~ 121 GEJ~ERAL ~ 7,501 1477 7,557,447 7,719,OQD 84104,,971 8r690~99 POLICE 1]EPARTIYIENT 2T„97x,18t1 27,412.717 28.7B3.3p 30,712,620 31,T33,848 FlRE DEPIAR7'lAB~IT ~3T3,900 21 X8,422 23.022.743 24.973.$$0 24,382.574 PI.ANNIFIG AND 9,478+62 14448x913 1.599.269 9.696,222 9 X8744983 [I0613Y11JNRY ~IPiaOpV19>uCNT 3.388,318 38.990 3,480.999 &x.998 84818,993 ~[31NEERINC3 880,1198 888.494 899,+816 T34,890 779,660 ENII 8VC1P1RlLIC WiDRKB 3,,SOB,6A0 3,4 S,80B,277 3r78B,684 &978.'199 PWVC$ 8 REL'.REA'fiON 12.BBT,66B 1$,414,2'14 13A34626 14,7884872 95,398,005 T13ANSFERS 19,478,1811 91,248,66T 19,810,1196 12.40'1,948 93,02'i~3 f3RANTS 8e MISC. D0~'E149E 2,734p16 2,879,336 2,893„309 2,96S,98T 3,9014886 DEBT SERVICE - DA. 3,588,4011 3,58T,980 3.578,82Q 3,67540 3.(,TSrB40 DE$T$-UTiTA]1 7,84840 X,181,540 9,20T,6'10 1,2D'1,680 9.996,900 D>;BT SI]9VIL:E - NON AD VALORBYI REV 9,1584910 1,728,980 1,333b440 1„8364330 1.348,40D ~~ ~ -LEASE PFiOPOB~EO 3BT.571J 8uQ00D 358000 894D00 319D.000 D. $. - NON AD VALOREM PROP05~ pj - - 9,30D;000 1,300;000 9,300~00D CON7IN~Y 30,034 241~IT 818;788 489;490 30042 ~ 000 - mi'AL t~~B 989~7'ti8y496 ,356 1941889.069 10u0~4Z7' 1 TOTAL 8rC1~A8E OVER THE PRIOR YEAR -09i 596 ~ BS6 YALA1E -1000'3 8,882,385 8,201,980 8,386,7 8.532,903 8, OPF.RAT~IG MRLAGE -CURB 8.144$ 8.4+190 Ba707G 6.S7S2 7.2642 DEBT MILLA#"aE - CURREi~If 0A334 0.4806 Q4300 0.4192 0.4322 REST AAILLAC3E -PROPOSED - - - - EST~IATED TOTAL AAILLA[IB 6.5785 6.9096 T.1570 7.4184 7.6864 VALOREM TAXES 7 71 63,5544741 {i] FY08 and FY09 Aid 1/afaram Tax ~ ar+s based an perry ir~anraalion prarided by Plsrn Bsach Goun~. Fri 0 Ihm F1~12 Aid Velo~em ~ ere bnsed an a 296 i~drsaaa in ~ sad walua9an and s 496 ~+awlh aooriamlc !actor. Non Ad Vblorern rererauea am pro)eCtad 81 s 496 i11cr+1aee for FY09 tluu FY12. ~ FY 08 Operaltsp ~pendi6ras are tensed or 9896 of FYOB 8udgel far ed FY90 Operadf+g 6~endittaes aye based on a 896 Increase; FYi1 ihru FY 92 is based oa a 596 inaaese plus an addliarrel ~a01I,000 h the Perks A Reawee3on BtMpst ~ inaarparele the elalOng of fhe Familll Camiraur~ Carrtac Debt Barrios for aR yews Is ea4uel ~eeeed as paposad. {8] I~aposed Nan Adrealorem Dell Serrica is t+ased on a proposed borrowtr~g w18~ a ~ aF~'19AOpA00. 2$i Saar term, a gale d 5..096 lsausd ih FY10 for the aanetn~an of a Faadljl RaoreaUon and FIIr Cer#er {#i2,Q00.00i~, as'r~ as the ptrdaaea of a AAoh7ra9a Radb S7atenr (~8,000„000~ end a main iFerne aerrar {¢550.000ry. CI-13 sue' ~ r i Wl ~r rd ~P r ~ ~ ~ ~ W f{7 W A 0 m ~ ~ ~ g ~ ~ ~ ~ ~ r r ~ ~ ~ ~ ~ © ~ ~ g 4Ti r t~ 1~ Q7 ~~rjj s n ,~ ~ Q9 Iq W ~~ ~~ ~ r ~ YI W ~ W ~~ ~ 7 ~_~ '~ F gyp. ~ IL ~ g $ W ~ ~ ~ p~ Q .~ ~~ ®~ a~~ 7 ~~ ~~ ~~ ~ ~ ~~ ~~~~ U U '~ '~ '~ '~ '~ '~ '~ '~ '~_ '~ !~ '~ i-•" 'r g~ p~ ', C_ [51 1{7 '.'.. '..'. r ~~ !~ !~ r c~ U GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" PUBLIC FACILITIES Objective A-1 Maintaining and Upgrading Existing Public Facilities Policy A-1.1 Adherence to CIE/CIP Policy A-1.2 Service to Unserved Inhabited Areas Policy A-1.3 Storm Water Facility Fee Policy A-1.4 Capital Equipment Funding Source Policy A-1.5 Facility Maintenance Funding Source Policy A-1.6 Facility Replacement Funding Source Policy A-1.7 Allocations for Facilities Which Serve Existing Development Policy A-1.8 General Fund Reserve Policy A-1.9 Water and Sewer Systems Objective A-2 Future Growth &Concurrency Objective A-3 Programs and Procedures Policy A-3.1 Policy A-3.2 Policy A-3.3 Policy A-3.4 Policy A-3.5 Policy A-3.6 Policy Policy Policy A-3.7 Five Year Schedule of Capital Improvements Guidelines for Prioritizing Capital Improvement Projects Criteria for Amendment of Five Year Schedule Capital Improvement Plan (CIP) and Capital Improvement Budget (CIB) Administration and Review of CIP and CIB Adoption of LOS Standards Definition of Concurrency A-3.8 Grants Guidance A-3.9 Principals for Debt Management Objective A-4 Assessment of Development Impacts Policy A-4.1 Impact Fee Programs Policy A-4.2 Palm Beach County Traffic Impact Fee Program Policy A-4.3 Dedications of Right-of-ways Policy A-4.4 Extension of Public Utilities Policy A-4.5 Streets and Sidewalk Construction Objective A-5 Land Use and CIE Coordination Objective A-6 Limit Public Investment on the Barrier Island Objective A-7 Local Planning Agency Finding of Consistency CI-17 Policy A-7.1 Consistency Objective A-8 Level of Service for School Concurrency Policy A-8.1 Determination of Capacity Policy A-8.2 LOS Feasibility Policy A-8.3 School District Six Year Capital Improvement Schedule GOAL AREA "B" QUALITY OF LIFE; CULTURAL AND ECONOMIC GROWTH Objective B-1 Implementation of Identified Programs and Activities Policy B-1.1 Inventory Section Inclusion Policy B-1.2 Priority Changes Re: Local Amendments CI-18 GOAL AREA "A" THE CITY OF DELRAY BEACH SHALL, IN AN EFFICIENT AND TIMELY MANNER, UNDERTAKE ACTIONS WHICH ARE NECESSARY TO PROVIDE NEEDED PUBLIC FACILITIES WHICH ACCOMMODATE FUTURE GROWTH AND WHICH MEET EXISTING DEFICIENCIES. Objective A-1 The City shall direct financial resources to the task of maintaining and upgrading existing public facilities as necessary to assure that the entire City achieves the adopted levels of service. To this end, the City shall allocate sufficient reserves and annual recurring funding to address critical needs and system deficiencies. This objective shall be met through the following policies. Policv A-1.1 The City shall adhere to the Policies of Objective A-3 which describes the program for establishing and maintaining the schedule of improvements in the Capital Improvement Element. Policv A-1.2 The City shall strive to coordinate projects for providing water and sewer services to inhabited areas which do not have such services, with other infrastructure work in the area and shall include them in the Capital Improvement Plan to optimize cost efficiency and service delivery. Policv A-1.3 The City shall use the Stormwater Utility Fee to finance drainage improvements and the related maintenance and administration of the system. Policv A-1.4 The City shall maintain a funding source for replacement of irreparable or obsolete office equipment, replacement of computer hardware and replacement of other major pieces of equipment. Funds for these purposes will be allocated annually from general funds. Policv A-1.5 The City shall maintain a funding source 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. Funds for these purposes will be allocated annually from general funds. Policv A-1.6 The City shall maintain a funding source 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. Funds for these purposes will be allocated annually from general funds or from long-term financing. Policv A-1.7 The City shall allocate funds annually to maintain and improve public facilities which serve existing development. CI-19 Policv A-1.8 The City shall strive to maintain a General Fund Reserve equal to 25% of the recurring annual operating revenue, excluding major one-time costs such as those related to bonding. Policv A-1.9 The City shall use water and sewer operating funds to provide for the repair, replacement, and upgrade of critical components of the water and sewer systems in the amount of 2.5% of the value of fixed assets excluding land and works in progress. Objective A-2 The City shall insure that public facilities which are necessary to accommodate future growth are provided concurrent with the needs of such development. T";~ ^";°^+;,,° c+hnll hn nnhinvnrl +hrni inh +hn fnlln~niinn• Objective A-3 The City of Delray Beach shall establish programs and procedures which require the provision of needed and desired improvements, as identified in other elements, and which shall manage the land development process so that needs created by future development will not exceed the ability of the City to meet them. Such programs and procedures shall, at a minimum, include the following policies and activities. Policv A-3.1 The City of Delray Beach hereby adopts the list of capital projects contained in the five year schedule contained in this element and establishes that all projects identified shall be carried out in accordance with that schedule or within one year thereof unless a Comprehensive Plan amendment is adopted to change the schedule. Policv A-3.2 The Five Year Capital Improvements Schedule shall be established in accordance with the Guidelines for Prioritizing Capital Improvement Projects, as contained in this Element. Policv A-3.3 The criteria which shall be considered in the amendment and possible modification of the 5-year schedule shall include the following: a) The highest priority shall be afforded to activities and projects which eliminate a public hazard whether it be to health or the reduction of damage potential. (c1 a) b) The second highest priority shall be given to public safety equipment replacement. CI-20 c) The third highest priority shall be given to activities and projects which eliminate system deficiencies, less than desirable conditions or provide services to unserved, inhabited areas. d) Consideration shall be given to impacts upon the availability of funds for the project and for other projects; when appropriate for the purpose of providing financial resources for other needs, an activity or project shall be phased over a period of time. e) When a project can be combined with another project in the same geographic area, it shall receive a higher priority e.g. combining needed street improvements with scheduled water and sewer improvements may accelerate the street improvement project. f) When a project will receive significant funding assistance from a development project or through neighborhood contributions through an assessment district or other method, it shall be accelerated on the schedule. g) When a project can be funded through an exclusive funding source, it shall have a priority determined through that funding source regardless of its relationship to projects which are funded by other funding sources e.g. a park constructed with dedicated park funding can have a higher priority than a mandatory need when the financing for the need isn't available. h) A project's priority shall increase if it can be tied to the construction of a project undertaken by another unit of government e.g. water main upgrading and hydrant placements shall be coordinated with street improvements which are constructed by Palm Beach County. I) A project's scheduling shall be consistent with respect to other projects which have been prioritized within other elements of this Plan, except as they may be modified through the criteria contained within this Policy. Policy A-3.4 The City will prepare aFive-Year Capital Improvement Plan (CIP) each year, in addition to a projection of the current year. The CIP shall address currently funded projects, projects under construction, and a five year projection of projects. The CIP shall include all projects contained on the five year schedule of this Element and shall contain those projects of greater than $25,000 which are funded through the dedicated financial resources for renewal and replacement projects and all other projects of greater than $25,000 which are proposed, except for repair and replacement items identified and funded via renewal and replacement programs. The first year of the CIP will be the Capital Improvement Budget (CIB) projected for the next year. CI-21 TABLE CI-GOP-1 CITY OF DELRAY BEACH LEVEL OF SERVICE STANDARDS FACILITY STANDARDS Sewer Treatment System • Generation Inflow ~8 115 gal per person per day. • Plant Desi n Ca acit ~ 24 mgd average / 30 mgd peak. Water Treatment System • Water Usage ~ 240 gal per person per day. • Storage 15% of maximum flow + fire reserve at 1.5 mg + emergency reserve at 25% of storage - • Raw Water Pumping Capacity 22.4 mgd. • Water Treatment Capacity 28 mgd. • Water Pressure 20 psi, minimum. Solid Waste • Generation Inflow 7.13 pounds per person per day. Drainage • SFWMD Standard Retention of the first one inch of runoff for the entire site or 2.5 inches of water stora a times the ercenta e of im ervious areas, to rotect water ualit . Traffic • Local Streets "C"under any condition. • City Collectors and Arterials "D"under any conditions, pursuant to Exhibit 1 and 2. • County Streets "D" under any conditions, per the adopted County level of service. Basis for calculations are the County Traffic Performance Standards. • State Facilities "D" Under any conditions, pursuant to Exhibit 2. Open Space and Recreation • Local Determination 3 acres per 1,000 residents. • Facilities Mini Park /Playground 1 per 2,500 residents,'/a mile service area. Neighborhood Park 1 per 5,000 residents,'/a to'/2 mile service area. Community Park 1 per 25,000 residents,'/2 to 3 mile service area. Urban District Park 1 per 50,000 residents, 30 to 40 minutes driving time. Regional Park 1 per 100,000 residents, 30 to 60 minutes driving time, 250 + acres. • Activities Children Play Area 1 per 5,000 residents. Baseball Field 1 per 5,000 residents. Softball Field 1 per 5,000 residents. Football /Soccer Field 1 per X999 6,000 residents. Tennis Courts 1 per 2,000 residents. Golf Course (18 hole) 1 per 25,000 residents. Basketball Court 1 per 5,000 residents. Shuffleboard Court 1 per 2,000 residents. Handball /Racquetball Court 1 per 10,000 residents. Swimming Pool (small) 1 per 2,000 residents. Swimming Pool (Large) 1 per 25,000 residents. Boatramps 1 per X999 5,000 residents. Beachfront ~~ ~~^^^~ f^^+ .,^. , nnn 1 mile per 25,000 residents. Boatin '/a acre per 1,000 residents. Coastal Zone Levels of Service Shall be the same as elsewhere in the City. Public School Levels of Service See Public Schools Facilities Element. CI-23 Policv A-3.5 The City will have each draft of the CIP reviewed by the Capital Improvement Committee consisting of the City Manager, Assistant City Manager, Finance Director, City Engineer, and Environmental Services Director. The CIP shall be reviewed annually by the Local Planning Agency which shall issue a statement of consistency with the Comprehensive Plan prior to its consideration the City Commission. Policv A-3.6 The City of Delray Beach hereby adopts the Level of Service (LOS) standards as set forth in Table CI-GOP-1 as the mandatory levels of service for public facilities within the City's Municipal Boundaries and Planning Area. Policv A-3.7 Wherever the term "concurrent" is used in this Element and other elements of the Plan it shall mean that the public facility shall be provided under any of the following conditions: a) The improvement is in place prior to the issuance of an occupancy permit; b) The improvement is bonded for as a part of the subdivision improvement agreement or similar instrument and there is a schedule of completion in the bonding agreement; c) The improvement is a part of a governmental capital improvement budget, it has been designed, and a contract for installation has been solicited. d) The improvement in the case of public school facilities, construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County Five Year Capital Improvement Schedule, as reflected in Table SD-CIP of this element. Policv A-3.8 The City shall be guided by the following in its pursuit of additional project funding through grants. Whenever a grant which will fund a capital project becomes available, the City Commission must determine that either the grant will fund a previously identified need, or that obtaining the grant and its administration and the construction of the capital project will not diminish the resources and activity which is directed toward meeting scheduled needs. Policv A-3.9 In developing financial programs to fund needed capital projects, the following principles for the management of debt shall be observed: a) Long term debt will not be issued to finance current operating costs or normal, routine maintenance. b) The City will strive to maintain a gross bonded general obligation debt (general obligation bond principal) at a level not to exceed 2% of the assessed value of property within the City. CI-24 c) The City will strive to insure that its net bonded debt does not exceed $700 per capita. d) The City will strive to insure that the combined total of its direct net bonded debt and its share of overlapping debt issued within Palm Beach County does not exceed $2,000 per capita. e) The City will strive to insure that annual general bonded debt service costs (principal and interest) will not exceed 15% of General Fund Expenditures. f) Wherever possible, the City will use Revenue, Self-Supporting, or Special Assessment Bonds instead of General Obligation Bonds. g) The length of a bond issue shall relate to the useful life of the projects which it is financing. The City will attempt to schedule Bond Issues so that an equal principal amount is retired each year over the life of the Issue, producing a total debt service schedule with a declining balance each year. h) Each proposed borrowing shall analyze the impact of the future debt service upon projections of operating revenues and expenditures and the City Commission must make a finding that the impact will not diminish the City's ability to continue to provide services. I) Long-term borrowing shall be used only for capital projects listed in the Capital Project Schedule of this Element. Objective A-4 Future development shall continue to pay its proportionate share for providing needed public facilities and shall be responsible for the extension of public facilities to the site of development. Policv A-4.1 The City shall continue with the programs which it has established for water, sewer connection fees and park facilities impact fees. Policv A-4.2 The City hereby endorses the Palm Beach County Traffic Impact Fee Program and commits to the collection and transfer of funds pursuant to that program. Policv A-4.3 The City shall require the dedication of right-of-ways for street systems and easements for utility systems concurrent with the appropriate stage of granting of development orders. The size and location of such dedications shall be consistent with the Transportation and Public Facilities Elements. Policv A-4.4 New development shall be required to extend public utilities for water, sewer, and drainage to the furthest portions of the property which is being developed in a manner so that adjacent property will have access to the facilities. CI-25 This policy shall apply in all cases unless it is determined by the City Engineer that no good purpose is served by such extensions and no other development will occur at the end of such extensions. Policv A-4.5 New development should be required to install sidewalks along abutting streets and should be responsible for the construction of one half of any street which abuts the property being developed whether it services the development or not. The developer's responsibility is limited to one half of a local street unless the improvement is needed in order to met LOS standards, in which case full improvement is required. Objective A-5 The City shall maintain programs and procedures to insure that the land use decision- making process is coordinated with the capital improvement element. Objective A-6 The City of Delray Beach shall limit public expenditures on the barrier island which subsidize increased development intensities beyond those shown on the Future Land Use Map, or development which adversely affects hurricane evacuation times. Objective A-7 For any land use project which requires review and action by the City Commission, Local Planning Agency (LPA) or other approving Board, the Board shall review the project with respect to all facets of the Comprehensive Plan. Upon such review, the Board shall provide findings addressing consistency of the project with the Plan. A finding of overall consistency must be made in order for the project to be approved and shall include specific reference to the manner in which public facility needs created by the project will not exceed the ability of the City to fund and provide or to require the provision of the needed capital improvements. (b5) Policv A-7.1 A finding of consistency shall not be made if the zoning designation for the project is not consistent with the designations on the Future Land Use Map, and its supporting policies. A finding of consistency shall not be made if the project will not meet the test of concurrency pursuant to Policy A-3.6 of this element. A finding of consistency may be made even though the project will be in conflict with some individual policy statements contained within the Plan; provided that the LPA finds that the beneficial aspects of the project (hence implementation of some policies) outweighs the negative impacts of the identified points of conflict. Objective A-8 The School District of Palm Beach County shall maintain minimum level of service standards for public school facilities, as defined in the Public School Facilities Element and in accordance with the "Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and The School District of Palm Beach County To CI-26 Establish Public School Concurrency". In the case of public school facilities, the issuance of Development Orders, Development Permits or development approvals shall be based upon the School District of Palm Beach County's ability to maintain the minimum level of service standards as established in Policy A-1.1, Public School Facilities Element Policv A-8.1 For public school facilities, the applicant for a Development Order or Development Permit which includes any residential component shall provide a determination of capacity by the School District of Palm Beach County that the proposed development will meet the public school facilities level of service. A determination by the School District is not required for existing single family legal lots of record, in accordance with the Public School Facilities Policy A-1.8, Public School Facilities Element. Policv A-8.2 In accordance with Public Schools Facilities Element Policy A-1.1, prior to issuance of a Development Order/Permit, the School District of Palm Beach County shall determine that the level of service for public school facilities can be achieved and maintained. The necessary public school facilities shall be considered to be in place when sufficient capacity exists in the concurrency service area (CSA) in which the proposed development is located, or an immediately adjacent CSA. Policv A-8.3 The School District of Palm Beach County Five, Ten and Twenty Year Capital Improvement Schedules included in (TABLE SD-CIP) are adopted as a supplement to the City of Delray Beach's "Five Year Capital Improvements Schedule". GOAL AREA "B" THE CITY OF DELRAY BEACH SHALL PROVIDE PUBLIC FACILITIES AND SHALL INVEST PUBLIC FUNDS TO ENHANCE THE QUALITY OF LIFE THROUGHOUT THE COMMUNITY AND TO PROMOTE AND ACHIEVE CULTURAL AND ECONOMIC GROWTH. Objective B-1 The fiscal policies and activities established in Goal Area A shall apply to programs and activities which have been identified in other elements and in this element. Policv B-1.1 All projects and activities identified in The Inventory Section shall be included on the schedule of improvements of this Element. Policv B-1.2 These projects and activities shall be subject to the rules of implementation of that schedule with the exception that changes in priority or timing may be enacted as local amendments to the Comprehensive Plan. CI-27 TABLE CI-CIP FIVE YEAR CAPITAL IIYIPROVENE]~TS BCNEOl1LE FOR PROJECTS a 526.000 RECREATION IMPACT FEE Qel Swim & Tennl6 Center Parki Lot - Ea6t 70,100 ^ ^ ^ NW 1st Avenue Park 0 80,000 ^ 0 0 Oakmorrt Park Improvements 50,000 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 $60,640 $490,765 $445,460 $8,160,000 GENERAL CAPITAL IMPROVEMENTS A1A Decorative Street Lights & Mast Arms 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 TABLE CI-CIP FIVE YEAR CAPITAL IIu1PROVENE:t'ITS SCNEOULE FDR PROJECTS a SR6.000 Parka-Atlantic Dunes Perk-Restroom Rer~ation 35,000 ^ ^ 0 ^ Parke-AtlaMlc Dunes Park-Exotic Species Replacement ^ 240,000 0 0 ^ Parks-Pompey Park-Replace 9leachers 70,000 ^ 0 0 ^ Parks-C,ommunfty Center -Replace Bleachers 0 55,OOa 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 & Alleys 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 Traffic Calming-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 $27,560,262 $4,043,900 $5,458,000 $2,967,673 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 $1,630,000 $1,555,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Clarifier Rehabilitation 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 TABLE CI-CIP FIVE YEAR CAPITAL IIu1PROVENE:t'ITS SCHEDULE FDR PROJECTS a SR6.0^^ Ocean Terrew & Caoonut Row 0 ^ ^ 0 23A 200 Palm Trail Alai hborhood Ph II 0 388 850 ^ 38685[] 0 Production Well Rehabilttatlon 100,000 100,000 100,000 100,000 100,000 Replacement of OFS Radios-Lift Siation 30,000 ^ ^ 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: $2,486,230 $2,903,180 $2,650,070 $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 $466,256 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 $641,634 $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: $760,330 $929,000 $555,000 $842,000 $624,000 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 $2,139,634 $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 III, IV -12th Av - 6th Av 32,500 TOTALS: $ 70,000.00 $224,900 $0 $30,000 $0 CI-30 REVIEW, MONITORING AND EVALUATION PROGRAM The principal program for monitoring and evaluating progress on the projects contained in this Element is through the work of the Capital Improvement Committee. In order to ensure that the work of that committee is available to all those individuals and groups which are involved and concerned with the future of the community, the work of the budget team shall be formally reviewed by the Local Planning Agency on an annual basis. The steps of this review shall be as follows: 1. In March of each year the Capital Improvement Committee shall prepare for the next budget year's work. 2. All appropriate departments shall report on the status of approved capital projects, upon projects which are scheduled for the next fiscal year, and upon any changes which are desired in the schedule of capital improvements. The departments shall also provide an update of their individual capital improvement programs. 3. The Capital Improvement Committee shall identify those projects and changes which can be accommodated through the normal budget review and adoption process. They shall also identify those which require a change to the schedule of improvements and shall immediately notify the Local Planning Agency of such potential changes so that the formal Plan Amendment Process can be initiated. 4. The Local Planning Agency shall consider such Plan Amendments as part of its review of the annual Capital Budget. In any event, the Local Planning Agency shall review this Element on an annual basis for the purpose of adding a new fiscal year to the schedule of improvements. 5. As a part of the annual Budget preparation process, the Local Planning Agency shall review the Capital Improvement Plan and Capital Improvement Budget at a public meeting and shall issue its findings as to consistency of individual projects with the Comprehensive Plan. All projects which are included in the Capital Budget must be found not to be inconsistent with the Plan. 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I~ r i ~. 1 ~5 ~ I 1 1 1 .~ CI-40 PUBLIC SCHOOLS FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRAY BEACH A. INTRODUCTION 1. Overview. ',~~nn~T",~Palm Beach County, the School District of Palm Beach County, and 26 participating local governments within the school district e chosen=} to implement public school concurrency, requiring each local government to adopt consistent comprehensive plan amendments. The amendments included the following: • The proposed Public Schools Facilities Element and the accompanying data and analysis to meet the minimum criteria for the Element set forth in Rule 9J-5.025, F.A.C., for the purpose of imposing school concurrency. It is intended to assure coordination among the County, local governments, and the School District so that school capacity at the adopted level of service standard is available at the time of the impacts of development. • The Capital Improvement Element to incorporate a financially feasible capital improvement plan for school concurrency, setting forth a six year financially feasible public school capital facilities program that demonstrates that the adopted levels of service will be achieved and maintained. • The Comprehensive Plan Map Series to incorporate nine new maps depicting the proposed concurrency Service Areas (CSA) and other information required by the rule. These amendments were adopted by Special Amendment 2001-3 (01-3). The Plan amendments for school concurrency aye were submitted along with an executed Interlocal Agreement which satisfy the requirements of ss.163.3177(6)(h)1.and 2., F.S., and ss.163.3180(13)(g),F.S., establishing processes for intergovernmental coordination and collaborative planning among the School District, the County and the 26 participating municipalities. The Public Schools Facilities Element (PSFE) °~Tei~ted-^~pr~" ' ~° ^'°n nm°n.Jm°n+^ to establish public school concurrency z'~K2 is based upon the following data and analysis pursuant to requirements of Rule 9J-5.005(2), F.A.C. and Rule 9J- PS - 1 5.025(2), F.A.C. The principal source of data and analysis is provided by the School District of Palm Beach County in its adopted Five-Year Capital Facilities Plan and Capital Budget. (CIE Table SD-CIP) 2. School District of Palm Beach County Gv ~nn,_~nn~ Five-Year Plan and ~Y ~1~ Capital Budget (Five-Year Plan). The School District facilities and capital requirements are presented in the current adopted Five-Year Plan and Capital Budget pursuant to s. 235.185 Florida Statutes, and the Educational Plant Survey. The Five-Year Plan describes the status of the existing facilities, economics, and enrollment trends of the School District. Each planning zone depicts its area's schools grouped by school type. Special Schools with district-wide boundaries are grouped in Planning Zone 19. Additionally, the Five-Year Plan presents school facility planning, considering the District's facilities goals, capital requirements and funding mechanisms. The Five-Year Plan is organized to present facilities information by high school planning zones for the purpose of determining enrollment, capacity calculations, and educational program considerations with evaluations of each facility's issues. Further, the Five-Year Plan provides descriptions of the School District's budgeted projects. Revenue sources are also discussed in the document along with alternative funding options. The Five-Year Plan details each school facility's existing enrollment, the existing School Student Capacity (FISH), and existing level of service (LOS) (% of utilization) within the high school planning zones. Demographic information and enrollment projections are provided in the Five-Year Plan. 3. ~ Five Year Capital Improvement Schedule. In order to provide compatible financial feasibility between the School District's Five- Year Plan and the City of Delray Beach's required 5-Year Capital Improvement Program, the School District's Five-Year Plan was extended to project revenues and expenditures for a sixth year in the initial planning period. This information in total has been added to the Capital Improvement Element of the City of Delray Beach's Comprehensive Plan as: Table SD-CIP -School District of Palm Beach ~ Five Year Capital Improvement Schedule. B. SERVICE AREAS - SCHOOL CONCURRENCY SERVICE AREAS (CSA) For the purposes of measuring school concurrency on a less than district-wide basis, twenty-one (21) concurrency Service Areas (CSA) are being established in the School District. The Interlocal Agreement directs that school attendance boundary adjustments will be made for each school facility within a CSA to achieve the adopted LOS, maximize school utilization, and establish travel times which do not exceed those set in School Board Policy 7.13 for elementary and secondary schools. PS-2 1 . Concurrency Service Area Map. Pursuant to Rule 9J-5.025(4)(c), F.A.C., school concurrency service areas which are less than district-wide must be depicted in the Comprehensive Plan. One of the proposed maps in the Comprehensive Plan Map PS 1.1, depicts the School Concurrency Service Areas (CSA). 2. Criteria to establish Concurrency Service Areas. The physical boundaries of the CSAs are delineated in the Implementation Section of the Public Schools Facilities Element. For school concurrency service areas on a less than district-wide basis, Palm Beach County is divided into twenty-one CSAs. The CSA boundaries are described as bounded by section lines, major traffic-ways, natural barriers and county boundaries. In addition, each CSA boundary was delineated considering school locations, student transporting times, and to a lesser extent the future land uses in the area. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries shall be made only by amendment to the Public Schools Facilities Element and are exempt from the limitation on the frequency of plan amendments. 3. Concurrency Service Area Tables. Based on the District's Five-Year Plan, the School District Planning Zones (high school planning zones) data was used to create the CSA tables to present capacity, projected enrollment, and utilization of the School District's facilities as required by Rule 9J- 5.025(2)(e) and Rule 9J-5.025(3)(c)7, F.A.C., for School Concurrency. The twenty-one CSAs have been developed consistent with s.163.3180(13)(c)2., F.S., required when the school concurrency service area is less than district-wide. T;~~~+ohl°~ h°„° °'~^ +nLnn frnm nnrl ~nihnrn rln+nilnrl rln+n in rlnr~in+nrl oT # n a+~~ i i i r~ - ~vv ~ T - - uh~~ - ~ ' f R i i l n Q I_~ n 7~/ 2 \~~n\ a ~ ~ ti Fl. i r r ti ~l.~ ~ /~~++~~++, ., bcT/"r Thn ('CD Toh~ln? nrn~~~onlln~ni+~nn~a+o h~i ('CD onrJ h~i cnh~~~~ nn~Jte~t'tlY~+h Qi iln ~ I_~ n7~ C--r Tom /i \ Thn r~rnin rl nnrnllmnn+~ n~n~ ~i nn~^ rl Invnl of c+nr~iinn~nofr TT7~T'~°7cE~~crcrn~vrrrrrcrr~ EFt cE~~cr~cvcr-vracrvr utim~~C~ti-Fl.. civ Minor nlonninn nnrinrJ. ~~~~-~n~t~a~++i iol I (1C of i i n0/ ic~~+~~ ni in niirJn in cnhnnl Minor ~nn~.T PS-3 jv7~h~t~t-a I~rv7~~'.ted-~ '~ '~t~~ rr~ I i~? o-a r~ac°ii n~-'r°u-r`~'rr'ci~~ h~~°cc'rrf Q~ +~,,., c+ni fivn_,i nrinrl hnc+nrl nn nrni nnrnllmnn ,i c+nhnnl tttt~nr-rro'~~ crTVa-~aaca-vrrprv7~E~~crn-vrrrrtcrr~-~y-~-rvvT +~teo rnllm~s~~pa~+'tinca~~ rn chn~nin orJii is+nrJ r~nr Minor /~\ Thn n +~nnl fnnili~ nln nnnrl fnr nn +~ (`C /\ +n nnnnmmnrln+n nrnin rl E~~ 1~7~,., r^,~,., ~~,~, ~vr-rccc~n.,r,., ~~u ° n +-- ~ ~ C rn~ca-,rc~ r,.,c~ cc~+ ~vrr-c~ccc +,~cccc-prvJc r~ i i n~l ~ C ~~e~ ~~c ° T ~ ~~ e~~ ~a~ CtthCtFtFt crn tttl~T a nrninn+nrl fnr +hn firt++ fni ir_ c ra C r GY~d i ttt ~ ,innr nnrinrl +hnn n+ +hn nrlnn+nrl I (lC fnr +hn fif+h Minor of ini~l nlonnin e n nnrinrJ C~nnl i i+ili~+in r av~~T v~e~c~e~ ~~.-ar-Qr -~n~~nrl i i (10/_ I (1C in ~j r crTVCrv vvrcrcrrr c~v r lttl. ~,i~~ t°7~^c~iTt2S '~'~rvviQe~~t~l{~a~tCit~--Ci-e~C~ ~' C /~ T n h I n r~ac~j~acv Er~I~~t~L nrn~iicinn of cnh~nn~ +~'+~teo-+n~ ~nihi nr~nnorJ nr mnrJnrni~nrJ +n `7 P~ crrccrvrn-rvcrcrrrriccrcv nrn,iirln fnr fi i+i irn nnrnllmnn+ nr nnrnllmnn+ rnlinf fnr nvic++inn c+nhnnlc+ ,n,ithin ti-Fe ('C~ onrJ c +~n~~n orJinininn ('C~c~~~er onohicic of ti-FI.~Q iio of Invnl of c+nr,iinn nnnrli in In rl .nn n +~,,, C nnl flic+ vTtttl~cPCr-cr~crvrc~cvrrart~~~.~~vF,a~~a--wTtttir,+rttt/1~:,, v~vvr-vi~t'r'~+~,,., ~rrrron+t°cc Direr-TV°cT°or Dlon onrJ ('or~i~ R~uagCi~F~~-rdTFac ~`~ ttil: ~C~nRh~ln? nrnnrnm nnrl hni inrlnr,i nrlii ic++~„imT~~~~~~y +~~ar,~~ offnn+i~mhi i i+ili~n nononi+~i mo~i nnni it o+ on~i +imn C. SCHOOL DISTRICT OF PALM BEACH COUNTY DISTRICT-WIDE LONG RANGE PLANNING 1. Enrollment. In the ~n~T 2006/07 school year, the School District serves i~0 170,015 K-12 students through regular and special programs and partnerships in a variety of facilities. There are more than ~4-~9~99 160,000 students served in schools with boundaries and/or magnet programs at regular schools measured in the Concurrency Service Area Tables. Th~ah ~Gn rnll m EFt +foll/ci irnl~ is fn - r nil /(1~ (1Q /1~~ ~2(1 nrn~iirJnc ~ ~ r rt n rnrrvurpra~ , , , > > n nnl fn nnrlnrl rlic+~ +_,n C~l C~Ftf~S~~} ~ ~ - C - ,irln R n nn - a t~ I ' ' ~ n ,n n n n E~2~ rrcc ~..ccrc~ v v vv acv c v rc~~ ~ ti i 1. [rJ ~ R ~~ c rJic++rin+_,n,irln fnr nlmm~n+nr,i mirlrlln nnrl hinh c+nhnnlc+ PS-4 Cnhnnl nintrintn Cnniliti nn 2. Additional Capacity and Ancillary Plants. For the end of the initial planning period, the required Map Series PS 3.1 depicts the locations of proposed schools with confirmed sites and the planned schools without confirmed sites. The long range facility demand map - PS 3.~2 shows general future demand for schools based on projected population. The facilities required to meet these future demands are anticipated but not yet budgeted. Based on the School District's Five-Year Plan, no ancillary plants are planned to be converted to school facilities for school concurrency purposes. Similarly, the Five-Year Plan shows the School District has no plans to convert any school facility to an ancillary plant. Additionally, the School District is not planning an expansion of any ancillary administration or support facilities~~t#e-~E~+inn of ^ ", ~n~eye~ Currently, educational centers known as Full Service Centers operate out of two ancillary plants. These centers house a variety of public school and non-profit programs that serve preschool children through adults. These programs include Head Start, drop-out prevention and Second Chance Programs, adult education, child care and wellness centers, etc. Ancillary facilities are also utilized for School District Area offices, which support educational activities and are not utilized for the measurement of school concurrency. 3. School Attendance Zones. Existing district-wide school attendance zones for each school facility are provided by school type on School Attendance Zone Maps. 4. District-wide Programs -Special, Alternative, and Supplemental Programs. The School District of Palm Beach County offers a range of special, alternative, and supplemental educational programs on a district-wide basis. In the Five-Year Plan, the planning zone entitled "Planning Zone 19: Special, Alternative, and Supplemental Programs" analyzes a variety of programs offered in the special and alternative school setting. These programs operate at the discretion of the School Board in a range of different facilities with district-wide boundaries. The number of students served, where they are housed, and integration with the regular programs, are all choices driven by District policies and budgets. Planning for these programs is an essential component to long range planning for school buildings. Special programs affect school enrollment, capacity, utilization and building design. The alternative and special schools serve more than ~2;1-99 1,430 students. Students are assigned to these programs without regard to attendance zones. The enrollment in the programs is projected ta~~ta,"~ decline for the 5-year planning period. PS-5 Facilities Plans and recommendations to accommodate these programs during the next five years are to be completed for the current adopted Five-Year Plan. They will identify where programs are or will be located, how many students will be served at each facility, and other special facilities needs. 5. Charter Schools Charter schools are considered public schools that operate under a special charter with a school district. A charter school sets its own attendance criteria and selects its own facilities. The State provides funding through a separate formula for its operating and capital budgets directly to the charter schools; therefore, charter schools are not included in the School District's Capital Plan. For the purposes of school concurrency, charter schools cannot be used to determine capacity for residential development. In the ~n~T 2006/07 school year, ~-charter schools serve ~ 6,772 students. ^i +h o+ mov cnr~in i ire +n o +n+ol of 7 Q(1(1 c+i irJnn+c 6. Population District-wide -Projected Enrollment. The projected district-wide school enrollment is based upon the demographic and economic profiles developed by the County which establish the basis for projecting capacity requirements through the initial five year planning period and the end of the long range planning period, consistent with Rule 9J-5.025(2)(b), F.A.C. T"moo; 0 }h' ~niill ho mnrJ~C~ted--8.1F2~t~C'--r~G')Ct fi~i° "°°~c. The School District of Palm Beach County enrolled 170,015 K-12 students in the 2006-07 school year(FY2007). Enrollment decreased by 3,221 students from the previous fall enrollment. This was the first enrollment decline in Palm Beach County since the 1970's. Prior to the last two school years, the public school enrollment had been growing by over 4000 students per year since 1985. More recently, the incremental enrollment growth has exceeded 5100 students per year. However, K-12 enrollment increased by only 477 students between FY05 and FY06, and then declined by over 3200 students between FY06 and FY07. The following table, prepared by the School District, shows actual and projected total pre-kindergarten (Pre-K) through grade twelve (12) enrollment, which includes students housed in District-owned facilities, pre-kindergarten students, students in charter schools, as well as students housed in non District-owned facilities. Total proiected K-12 enrollment in FY2012 is 170,481 students. The total projected K-12 enrollment increment in five years is only 466 students. In comparison, the five-year forecast made last year was for 5056 additional students. Therefore, the latest forecast is significantly lower than the enrollment projections made one year ago. The table also shows actual historical enrollment growth from FY2003 to FY2007 and projected enrollment from FY2008 to FY2012 in District-owned facilities. The latest K-12 enrollment forecast for District-owned schools shows an increase of only 1132 students over the next five years. Facilities not owned by the School District, include most charter schools, PS-6 programs provided by other agencies, treatment facilities, and locations for students with behavioral issues. The data shown in Table 1.2 is the basis for determining the future capacity needs in the District. Enrollment in District-owned facilities is comparable to State Department of Education Capital Outlay full-time equivalent (FTE) enrollment projections. FACILITY TYPE FY2103 1rY2014 572002-03 SY3000i-U4 sclvwl, FYmos 1rY2016 5Y20W-OS SY3606~6 FY2008 FY2009 SYlOQ7-08 SY3D08-09 lcl7&v 1rY2010 5Y2099-10 EY21111 57'3U10.11 District-awned Facilities $ch001!<= 73586 74,ffi3 75,799 76,3114 74,748 73,4611 74090 73,369 %,875 78,986 Middle SCIt00lS 36594 37,880 38,881 38,042 36,657 3352 36,176 33,764 35,900 35,898 131 SCLOOIs*• 44,19E 43,287 47,436 47,760 47,821 47,137 46073 43,952 45,302 45,474 K-12 154,5T2 157,99D 162,136 162,116 199226 156,124 156,339 157,065 196,!77 160798 acatlaawl Alterawtlva School:"•• 1,511 1,423 1,417 1,593 1,430 1,388 1,356 1,352 1,394 1,350 atal biatrlet-owed K-1Z"*• 136,183 ]594]3 1 163,619 161 iS7,S12 197,695 158,437 159,421 I61,'7r18 on~lsFricE osmed fsdtlHee""""" 1517 1,980 1,857 1,951 2,587 2,509 2145 2,439 2,426 2,439 erGerScLools 4548 6,239 7,349 7576 6,772 6,095 670'7 6,239 6,249 6,334 3097 2,983 3088 3772 3,367 3,450 3,578 3,698 3,816 3,914 Grand Total relrrl2 165,445 170,615 175,847 176,518 173,362 169,566 169,925 170,813 171,912 174795 Inereanen7al Egrnllnlent o1 e~ 92 02 m o3 03 m 94 94 m 15 05 m 06 I6 m o7 D7 to OS 08 ~ 09 09 m la o9 6u 19 District-owned K 1~k*** 2,738 3,330 4,1 ss (3,144] 742 983 2287 Pre1F12 S,OaA 5,17V8 5232 661 (3,126] (3,816) ese 1,098 2,483 - nidndxxy agutea mane "~ gnx emadm aawea n aanamry emoae '°' High schoel rnro}hnelrt projectims inefudv 7 ~ R grrtQes staQone attonding Fahakee !12iddla3eniar. "`*'"K-12 students enrolled in district ormed educational altematiee schools. centers and other facilities. *~msx I ntal K-12 students enrolled in district owned facilities (comparable to Department of lsduculion Capi[al Outlay Projections) *°"°'*Smdents housed in f ilities that are not owned by the district: examples include County Lail, P-.agle neaae,„y, Sago Palm Academy, Pace Center for Girls, i':, I n Each ~~ loll Acad~uti and ot]ra~s. utlrl onical Cna.r andlnlat( e~TeJv~ieal C. to ara com .ion J~art~rs look Che prol~ruA enro!]m«tf_r these schoolsispaa of thechazter enrollment. F ~i~il}gh:eha.l :.moll has lxuixd~ IW lc nwtohp ~U.,A da~.3 H'a lenallm~n[IS. ~h T.,ehniut vha.l nirl U7~1t c.vh. cl ar.,~ l..fl}~e, ~}~arlar uhoat total. , f o. n ~~nn n n m i n n rnf i l n c ~5 ~~C T~+~ ~P° ~ - n h n~~~ ~ ~~n n~~~ ~ . ~ ~ Q ~ c ti FI.~ ~ > > ~~}t~-ratFilr-tte~c~tttl ee~e~~ Dolor R nh - e~ ('ni in -- ' Whin or a e a~s vimo te n cni l -~ 2~ corn milnc I+ is r u,Tr~Q ~, nrl ~ ~~ of 1 7 ~ ~ ~ar nn of i inin nrnnrn+ E l ~ ~, nrl nr n e ~S nrl ~~~ r+, i_c+nvnn t~Fl cz~-- vr~~ ~r zrrnrr vrpvrccc ca--ccr t -c mc rc~,.ravcrr ~ i n7~ million in i (](] Q ," ri+h nn i inin~ ry~ ~+inn of morn +hnn n~ ~ non nnrl nn . n rL}t C +v:~~~~~,,, ~ r~,cr~~r -' ' - -urn-crrrtrr"GG"~N" ~"` C , +~, i n ~~ n ~ crrt~rr +~ i h n Zw~ -~ f .rvvv-arra--arr o r Ih l rr r tFCti d F FFFJ ~ , ~~ ttt r l ~ n TGy~~~ }b^ ~^~ ~ ~ ~' +~ ~c+~ G+~ ~ nr~ ? , nrhn rnc+irln in , ~ D~° - i m v~ eT~~ +,.,~ ~~,. ~ t q o ~ ,~ +~,~ r~nr~ii - lo + `~' a° s ~- ~ ~,~ f 2 1a ~° 4 T~° -v Tt~ ° a r r rr tx vCtlit ~ C~~O ~t~tirtl. r r ~+ c ti rtl 9 v O : ~ c r ~ ' 7 nQ ~~ Cn~ ~nn: R lnrir Jo ~~I~ `~t+St Ct ~n +~Qv I~ ~~Ft~i of Rl nrirJ o Dnr~i ilo+i~ ~ J o C t ~nc+~?~ ~ "~ I II /~ r t TI(lAl r_'D(l\A J /TLJ DD(1 IC~'TI(l Al /~Alfl fIIC TD T IRI ITI(lAl T(l a . ~ PS-7 7(li ~" onrJ Drnfiln onrJ i QQo o~~QQ~ Do~imrR°ca~~T ~i~ Dlonninn 7nninn onrJ 7. Population Determination. The Bureau of Economic and Business Research (BEBR) at the University of Florida, develops population estimates and projections for each of the municipalities within Palm Beach County. These are the official estimates and projections widely used for planning purposes by both the public and private sectors. However, local planning studies generally require smaller area estimates and projections (less than a jurisdiction level) for the evaluation of specific impacts on a local target area. To this end, the PBC Planning Division, over the past five years, has developed and refined a population disaggregation model to distribute BEBR's medium range population projections and annual estimates to smaller geographies, namely, the Traffic Analysis Zones (TAZ) used by the Metropolitan Planning Organization (MPO). By modeling projected population in local areas, the Planning Division provides insight into the direction and location of growth within the County. The Bureau of Economic and Business Research (BEBR) projects that the County population will grow ~} to approximately ~?9A9 1,444,000 persons b y the year 2015 nor Minor rJi irinn +hn nlonninn nnrinrJ I~I.~n~~nr+h o rca~rvrti-rcTt~~Cr 4l..Tf+rn[7"R~RT~eti~ee~ Rn..n~}RQC~ +~~Tn~Q Cni i+h orr~n cni i+h ^~Rn~+nn Rnonh~Rn~°~~ wacr~ccr~.-c~vu ~v~ ~ c-a (~Inrlnc+ nrnn ~nint+} n~ 7(1 miln h~~ crraucvc[ rt-a~v~c~cvrcv-rrrrt~r~ r~i fin Ili~ih~ rti~n Q.~~+~ rhnf~ ~. nrl / Ic. hn~+~ Ah~rfrhro~fr.~ ; C.,~ rth .~nrl hhrl ~rrvrrvr -rvcrnvrrvcr rrcrvv '-°P ~ '-°P ~ '-°P ~ '-°P ~I9K~I~ ~0 1 7~ ~o ~ ° o ~° o ~o ~o G i~ ~o ~o ~ ~ °o ~ °o ~°o ~°o S , ~°o ~°o ~°o ~°o e e O n n ni iln ~ni+~ rr ~n n~r 7T 1Q n nnr~ r~+in~~~~n~ ~i ~niill ~ ` T r [7V ~ hYL. l 7Z. T PS-8 fl~~~~i~~pYry~nn of I_~~ nnrl ti-1l.~--F~ nnr+h of D(~/\ (~ rnilrnnrl nnrl "~`J ~ ~e-9~ ~e-9~ ~e-9~ ~e-9~ pp~~~~ '-°P ~~ '-°P ~~ '-°P ~~ '-°P ~~ ~°~ ~ °o 4~°o ~44~~ ~ °o ~ ~ °o ~, -~~ ~o ~o G A~ ~o ~ ~o ~o ~ ~o ~ °o ~°o d ~°o ~°o ~°o ~°o Th~c-mvQ~i--~e~F +~ }h n+ i N t G.'O/_ of fi it,~,`-n nL~l~7Q ' snithm--vPiiTVC'(~TaV+[vPC`~'crr-LyYl7 O O , 8. Population Based School Surpluses and Deficiencies. The Five-Year Plan provides short term projections (1-5 years) and long term district- wide enrollment projections by school type (1-20 years). Short term projections rely upon the utilization of the Cohort Survival Method. This Model uses enrollment data by grade and by facility, factoring in growth and rolling students forward through the schools by grade. Long term projections are based on the Population Dissagregation Model developed by Palm Beach County Planning. This model establishes the bases for projecting capacity requirements through the initial five year planning period and the end of the long range planning period, consistent with Rule 9J-5.025(2)(b) F.A.C. The results are cross-verified and compared for variations. ~^^ Cnrnllmnn+ Drninn+innn crcr , PS-9 9. Facility Demand. The projected additional facility demand for long range planning of public school facilities by CSA and school type is depicted on rnn, sir^,~ f. ,+, ,~„ nnr~i+innt+ Map PS 3.~2. These surpluses and deficiencies are listed by CSA, representing projected seats needed (capacity demand). PS - 10 x ~ ~~pp ~ ~ ~' ~ w N F ~ D N ~ C ~ ~~ C a ~ ~ N ~ ~ m ~ ~ y 5 ~ ~ C ~ ~NNa~ = v r s ~~ ~~ R~ ~ 0. [V [V N c~ ENROLLMENT PROJECTIQNS OUTLINE: USING COHQRT SURVNAL AND GI5 FOR SHQRT & LANG TERM PLANNING I DATA SOURCES: I I STUDENT DATA BY AREA, ADDRE89, & FACILITY POPULATION DATA AND PROJEOTIONS BY AREA [other da0a: ~ certlAcaFss oT occupancy, development Prolecte. Pn~a dF~ PROJECTION MODELS: ooFlo>zT SURVNAL MODa i ~ AREA PRWECi1ON IdODEL {sI~IOa;T TERM - ~ ~ ~ yrars} I {LnNSa TERM - ~ ao so y~^s? IJsea Mrc11mM~4 dMa by 9nde. ty uses enrolnerd data cdactad by area & poplalon fieclll~, fiectora In growth end raa defie kq~ anri 9enerekd dy PYB of PAC 8~ k'~trr6h e6udenla forward l~ 9~ R~ 1v InkgrMe e6udenl dMa rrNd heel arrlabte eauroes Tar populallon proJadlorres COIdPAR180N OROSgVERIFlCATION Check roaul4l fix rOd!#a4 compare tb oU~er eourcee, ~ ~ forfecllNleep4ruY~g ENROLLMENT PRQJECTIONS oEVrzo~o usma -~wrro elEnlaoa~oora ~^~...w F , iwco~,>~-nue~Tlall ar Frraurr-wo~oalawlec PS - 15 D. LEVEL OF SERVICE ANALYSIS The School District's current adopted Five-Year Plan and Capital Budget, provides an analysis of the adequacy of the existing level of service for each school facility within each high school planning zone, describing the physical condition of the facilities in order to develop appropriate level of service standards based on physical conditions and programs pursuant to Rule 9J-5.025(2)(d) F.A.C. The Five-Year Plan provides the existing enrollment, the existing School Student Capacity (FISH), and existing utilization for each school facility consistent with Rule 9J-5.025(2)(a), F.A.C. The Five-Year Plan's high school planning zones provide an analysis of the schools within each zone and specific project recommendations. 1. Enrollment Distribution. The public school enrollment in Palm Beach County indicates a range of facility utilization from under capacity to significantly over capacity as measured against the Florida Department of Education Inventory of School Housing (FISH). C /(`C/\\ i _G2 Th n mnrl ~~1FF~ ~ i"e FS ~S e~ ~K ~t rn~ e ni+h rn+ n in nnr+h /~ni in+v n nnlc+• ~l k -a~rrvcr a - t ~ -- c --~rvv Pm --rccc c-rrrrrvrcrr-vvcrrrc vvrr, ~a ZQVi~ {~n_ ++ fi~ Qnnnn t~l{iF~G~C ~~KS t~} nnc +nr l rln ~i nm~~ fnr ~v "'~' e~ Y ~ ~ ~r~. ccrr l.. ~ 7 -" ~ cc rcrc v ~vr th -r rr tl. i e~~ter~_Ee~ +'n~+hn ('ni in ~n ('C +Y T T "' ' t~ -- ' ' ~c Q Q i i i ? i it onrJ i ~\ is c ln h i i+ ITLI ~ I fV~ QIT Tl ~ Q7 C T~Tl7~ j T~ LT1~1~7~ ~ ~ , 17Z f ~~~ +~ n~~~ply rv~~+~ rl ~ n ii ~ n ( ~ C /\ c+ 1 7 1 Q i ~ n n rl ~q f i c+ n r ' e ~S " ~ ~ ~ y ~ ~ ~ ~ N "` rr- v vr~~ ~~ ~ v~~-a rrcr r.~-c[r t e c +inn of ~ ('ni in n~nic c~nnl nnrnll -- h ~F t m^n+ - m nrJnr o+ i ohn~in ~an ~-- - °~t i+ ,nvri Q~ vvurr vvv~~ vQ~cTrrvrrr v ~ rrcrrr rrr vcrcr arav , ccc P~ p u , /(•_'IorJnc\ of ti-F~.~~a,TC`~ n ho~in c+ohln nnrnllmnn +• 2. Schools 35 Years Old or Older. The School District performed an educational adequacy and physical condition analysis on 42 schools that are 35 years old or older. The study provides a basis for a determination of priority for capital improvements +hrni inh ~v~nn~ for modernization of Thn nlrlnr fn in irln ~ hinh n nnlc+ ~ mirlrlln n nnlc+ nnt,~`-~ acilities. T„~,~~ac~l' +tfes~ ~c~~, c~~, 2~ efc~~ sc~~ 4~eni~aTter~ '"n coq nwn'Irc~ ~ n~ ~ f. , I I ~n~ic~ee~te~s~he-~c~~;~ ~rJ~ii~-Pivvrn~, onrJ Cnnn onrJ ~c~no~ ol. (~nn~i of t~}13c°-c^v~~m^n+~~~a~Tt~-vT PS - 16 3. School Facility Utilization -Level of Service Standards. School Board Policy 7.13 addresses the School Plant Capacity Level of Service (LOS). It requires the School District to maintain equitable levels of service for the District's schools. The School Board policy describes a range of enrollment per FISH capacity (LOS) from underutilized, 90% or less, to critically overcapacity (151 % or more). The policy sets the District's goal for school utilization to between 90% and 110% of each school's FISH capacity, not to exceed 120%. The following policies in the Public Schools Facilities Element determine the LOS to be used for school concurrency, addressing how to implement the target LOS and the tiered LOS, and how to conduct School Capacity studies to make LOS determinations for individual schools that may go beyond the adopted LOS. a. Policy A-1.1: Target Level of Service Standards As a requirement for school concurrency, the Interlocal Agreement establishes the countywide goal for LOS as 110% of FISH capacity. The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The Interlocal agreement also establishes that no school can operate in excess of 120% utilization, once the target LOS standard is achieved. 1) School Capacity Study The Interlocal Agreement requires a School Capacity Study (SCS) if a school in the first student count of the second semester exceeds 108% of FISH capacity. The Technical Advisory Group (TAG) is required to conduct a School Capacity Study (SCS) to determine if the specific school can operate at a LOS exceeding 110%, though no school shall be permitted to operate at a LOS greater than 120% of FISH capacity beginning in the 2004-2005 school year. The study must consider the demographics within the CSA; student population trends; core facility capacity; real estate trends and teacher student ratios. 2). Technical Advisory Group (TAG) The Interlocal Agreement establishes an independent and representative group appointed by the County, School District, and municipalities to function as a resource to the County, School District, and municipalities. The TAG shall conduct studies and make recommendations regarding the five year and long range work program, facility utilization, and CSA adjustments to enhance joint planning and ensure that the School District's Work Plan and Capital Facilities Program provide a financially feasible plan to add enough capacity to provide permanent student stations for the projected growth. PS - 17 In summary, this policy establishes the district-wide target level of service standard of 110% utilization. Or 120% subject to the results of a SCS undertaken by the School District to determine if a school can operate in excess of 110%. Finally, no school shall be permitted to operate at a LOS greater than 120% of FISH capacity beginning in the 2004-2005 school year, when the target LOS of 110% must have been reached county-wide. b. ~levu Policy A-1.2: (120% Implementation) This policy lays out the procedure that needs to be followed when a SCS determines that a school will exceed the 120% utilization, once the target LOS standard of 110% is in place. To correct the failure the School District would have to make program adjustments, attendance boundary adjustments or modifications to the Capital Facilities Program. After those adjustments are made and the SCS determines that the school exceeding the 110% standard can operate within the guidelines established by the school district's adjustments, then the Comprehensive Plan needs to be amended to reflect the new LOS standard for the school type in the corresponding CSA. c. Policy A-1.3: (School Capacity Study Criteria) This policy sets up the criteria to conduct a SCS and the minimum data and analysis to be considered when conducting the study. The policy also directs the TAG to notify the local government where the SCS is going to be conducted. d. Policy A-1.4: (Tiered Level of Service) Section 163.3180(12)(b)3, F.S., provides the option of tiered LOS standards for schools to allow time to achieve an adequate and desirable LOS. The Interlocal Agreement establishes tiered levels of service for each school type based on School Board Policy 7.13, which shall be in place until such time the School District has achieved 110% LOS. In order to achieve adistrict-wide LOS of 110%, overcapacity will be addressed through the financially feasible school construction program identified in the Five- Year Plan and the CIE Table SD-CIP. The CSA Tables showed a need for a tiered LOS for the school years until 2004-2005. Policy A-1.4 and Table A-1.1 of the Public Schools Facilities Element, establish such a tiered LOS as an interim measure by facility type within each CSA, where enrollment is projected to exceed the 110% long term standard. To determine the appropriate interim LOS, utilization by facility type in each CSA was projected. In those CSAs where utilization exceeded the 110% standard, adjoining CSAs were examined to determine if the needed capacity was available consistent with the requirements of s.163.3180(c)(3), F.S. The resulting analysis yielded the appropriate interim LOS by facility type for each CSA and the schedule by which the 110% utilization LOS will be achieved. PS - 18 Additionally, in order to establish a consistent maximum limit for individual schools exceeding the adopted LOS standard during the period in which the interim LOS are in effect, a new Table A-1.2, entitled Maximum Utilization Table, was created along with additional language under Policy A-1.4. The additional language states that each individual school exceeding the adopted LOS standards cannot exceed the utilization standards for that school type as indicated in the new table. The table shows the standards for the maximum utilization of capacity by facility type per CSA for each of the next six school years. To determine these standards, the maximum percentages of utilization per year and school type depicted in the CSA tables were analyzed. The resulting analysis yielded the appropriate maximum percentage of utilization by facility type per CSA. 4. School Capacity Availability The School District's ~ Five Year Capital Improvement Schedule, depicted on CIE Table SD-CIP, assures that funding for construction of planned school facilities is available in the first three years of the adopted Plan. The City of Delray Beach may not deny a development permit authorizing residential development where adequate school facilities will be in place or under actual construction within three years. Within the initial six year planning period, the CSA Tables show assured construction within the first three years. This is consistent with s.163.3180(13)(e),F.S., to provide a dependable school capacity availability when evaluating LOS determination. 5. Development Rights -Policy A-1.8. The impact of a single family home on an existing lot of record is considered to have minimal impact on schools and is therefore exempted from LOS restrictions. 6. Public Infrastructure and Collocation. The analysis of the problems and opportunities consistent with Rule 9J-5.025(2)(f), F.A.C., suggests that the School District is both a service (infrastructure) provider with a level of service determination, and a developer, requiring infrastructure to meet concurrency to proceed with construction of schools. The City of Delray Beach will assist the School District in the determination of site locations proximate to required infrastructure in an effort to reduce costs. Additionally, the City of Delray Beach will work with the School District in identifying funding for the provision of supporting infrastructure, such as water, sewer, roads, drainage, sidewalks and bus stops for existing and proposed public school facilities. To assist in containing costs, the City of Delray Beach shall allow schools as a permitted use in all urban residential land use categories and encourage the collocation of schools proximate to the residential development which they will serve. The City of Delray Beach adopted on September 5, 1999, an amendment to the Future Land Use Element to comply with the requirements of s.163.3177(6)(a), F.S., calling for the PS - 19 provision of opportunities to collocate schools with facilities, such as libraries, parks and community centers. Map PS 3.2 depicts the budgeted planned additional school capacity which do not have confirmed sites. The CSA Tables show that these projected schools will bring significant relief to over-utilized schools within the next five years. Implementation of the Interlocal Agreement to establish school concurrency will provide the opportunity to coordinate school siting with the City of Delray Beach's development review process in a timely manner, and will allow for amulti-agency, expedited review of all potential school locations. Due to the growth in the County's Rural and Exurban Tiers, the central western communities offer few potential school sites collocated with community facilities. Infrastructure is limited in these areas consistent with their more rural development pattern. E. FINANCIAL FEASIBILITY Data and analysis in support of the financial feasibility of the school concurrency program is described in the corresponding amendments to the Capital Improvements Element. F. INTERGOVERNMENTAL COORDINATION The Intergovernmental Coordination Element (ICE) "mac hoon omonrJorJ +„ addresses the requirements for coordination with the School District and municipalities for decision -making on school siting. The ICE addresses the requirements of Rule 9J-5.015, F.A.C., for coordination of Plans with the School Board and other units of local government. The executed Interlocal Agreement which is consistent with s.163.3177(6)(h)1.and 2., F.S., and s.163.3180(13)(g),F.S., establishes processes for intergovernmental coordination and collaborative planning among the School District, the City of Delray Beach, and Palm Beach County. The following definitions have been added to the Public Schools Facilities Element to comply with the minimum criteria for the Public Schools Facilities Element for school concurrency and are consistent with Rule 9J-5.025(1), F.A.C. DEFINITIONS ANCILLARY PLANT -Facilities to support the educational program, such as warehouses, vehicle maintenance, garages, and administrative buildings. CONCURRENCY SERVICE AREA LEVEL OF SERVICE STANDARDS -The maximum acceptable percentage of school utilization as identified in the Interlocal Agreement determined by dividing the total number of students for all PS-20 schools of each type of school in each CSA by the total number of permanent student stations for that type of school in each CSA. CONSISTENCY -The condition of not being in conflict with and in furtherance of the goals, objectives and policies of the Comprehensive Plan Elements and the Interlocal Agreement. CORE FACILITY -Those facilities which include the media center, cafeteria, toilet facilities, and circulation space of an educational plant. DEVELOPMENT ORDER - As defined in Section 163.3164(7) Florida Statutes. DISTRICT SCHOOLS -All District owned regular, elementary, middle, high schools, magnet and special educational facilities. EDUCATIONAL FACILITIES -The buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve educational purposes only. EDUCATIONAL PLANT SURVEY - A study of present educational and ancillary plants and the determination of future needs to provide an appropriate educational program and services for each student. FINANCIALLY FEASIBLE FACILITIES PLAN - A plan which demonstrates the ability to finance capital improvements from existing revenue sources and funding mechanisms to correct deficiencies and meet future needs based on achieving and maintaining the adopted level of service for each year of the five (5) year planning period for all schools of each type in each CSA, and each individual school, and for the long range planning period. FIRST FTE STUDENT COUNT - A first semester count of all "full time equivalent" students. The date of the first FTE count is determined by the Florida Department of Education each school year, pursuant to Chapter 1011.62, Florida Statutes. FLORIDA INVENTORY OF SCHOOL HOUSES (FISH) - The report of permanent school capacity. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on using a percentage of the number of existing satisfactory student stations and a designated size for each program according to s. 235.15, Florida Statutes. In Palm Beach County, permanent capacity does not include the use of relocatable classrooms (portables). INTERLOCAL AGREEMENT -Agreement between the Palm Beach County Board of County Commissioners, the Municipalities of Palm Beach County, and the Palm Beach County School Board effective January 25, 2001. PS-21 LEVEL OF SERVICE (LOS) -The measure of the utilization, expressed as a percentage, which is the result of comparing the number of students enrolled in any school with the satisfactory student stations (FISH capacity) at a given location or within a designated area (i.e., a CSA), e.g., a facility with 1000 students and a FISH capacity of 970, has a LOS of 103%. Also referred to as the utilization of a facility. MAXIMUM UTILIZATION OF CAPACITY -Utilization of facilities to ensure the ADOPTED LOS for all schools of each type in each CSA and each individual school is not exceeded. MUNICIPALITIES -All municipalities in Palm Beach County, except those that are exempt from participating in the school concurrency program, pursuant to Section 163.3180, Florida Statutes. PERMANENT STUDENT STATION -The floor area in a public school facility required to house a student in an instructional program. PROPOSED NEW RESIDENTIAL DEVELOPMENT - Any application for residential development or amendment to a previously approved residential development that increases the number of housing units. This shall include any request for any approval of the type that establishes a density of development and which approves a site specific development order on a specific parcel of property. PUBLIC SCHOOL CONCURRENCY SERVICE AREA OR "CONCURRENCY SERVICE AREA" -The specific geographic area adopted by local governments, within a school district, in which school concurrency is applied and determined when concurrency is applied on a less than district-wide basis. RESIDENTIAL DEVELOPMENT -Any development that is comprised in whole, or part, of dwelling units; for permanent human habitation. SCHOOL BOARD -The governing body of the SCHOOL DISTRICT, a body corporate pursuant to Section 230.21 Florida Statutes. SCHOOL DISTRICT -The district for Palm Beach County created and existing pursuant to Section 4, Article IX of the State Constitution. SCHOOL DISTRICT'S FIVE YEAR CAPITAL FACILITIES PLAN - The SCHOOL DISTRICT of Palm Beach County Five Year Work Plan and Capital Budget as authorized by Section 235.185 Florida Statutes. SCHOOL DISTRICT'S ~ FIVE YEAR CAPITAL IMPROVEMENT SCHEDULE - A Table of expenditures and revenues detailing how the SCHOOL DISTRICT shall achieve and maintain the LOS for public school facilities. PS-22 SITE SPECIFIC DEVELOPMENT ORDER - A development order issued by a Local Government which establishes the density, or maximum density, and which approves a specific plan of Development on a lot or lots pursuant to an application by or on behalf of an OWNER or CONTRACT PURCHASER, including applications initiated by a Local Government. It may apply to a lot or lots under single ownership or a group of lots under separate ownership. It shall apply to all parcels or lots in their entirety taken together of any subdivision. It includes site specific rezonings, special exceptions, conditional uses, special permits, master plan approvals, site plan approvals, plat approvals, BUILDING PERMITS and any Development of Regional Impact as defined in Section 380.06, F.S. It may or may not authorize the actual commencement of development. Two (2) or more development orders which individually do not constitute a site specific development order shall be considered a site specific development order if when taken together they meet the definition of a site specific development order. STUDENT GENERATION MULTIPLIER - As published by the SCHOOL DISTRICT of Palm Beach County, the number of students per household determined by type and size of residential unit. STUDENT STATION -The net square footage requirements per student based upon the instructional program to be housed as defined by FISH. TYPE OF SCHOOL - Schools in the same categories of education, i.e. elementary, middle or high school. VALID DEVELOPMENT ORDER - A DEVELOPMENT ORDER which: was issued by a LOCAL GOVERNMENT: (1) in accordance with proper procedure and in compliance with state law, and the land development regulations and codes, administrative rules and procedures, and general policies of local governments, and the requirements of all other agencies; (2) not by mistake; and (3) which has not expired, lapsed, or been abandoned, revoked, or canceled, by operation of law, or by the local government or pursuant to the local government land development or pursuant to the local government land development regulations or codes, rules, or policies. PS-23 IMPLEMENTATION SECTION Concurrency Service Area (CSA) Boundary Description The Palm Beach County School District is divided into twenty one CSAs for school concurrency. The Palm Beach County School CSA boundaries are described in the following pages as bounded by Section lines, major traffic-ways, natural barriers and county boundaries consistent with s.163.3180(13)(c)2.,F.S. Changes to the CSA boundaries shall be made by plan amendment and exempt from the limitation on the frequency of plan amendments. CONCURRENCY SERVICE AREA DESCRIPTIONS DESCRIBED AS BOUNDED BY: #1 NORTH -The Martin /Palm Beach County Border SOUTH -Donald Ross Rd EAST -The Atlantic Ocean WEST ----------- -Florida's Turnpike --------------------------------------------------------------------------------------------------------------- #2 NORTH -The Martin /Palm Beach County Border SOUTH -Donald Ross Rd and the South Section Line of Sections (using T-R-S) 41-42-21, 41-42-20, 41-42-19, 41-41-24, and 41-41-23, then Southwest along the centerline of the C-18 canal to the Bee Line Hwy EAST -Florida's Turnpike WEST -Bee Line Hwy -------------------------------------------------------------------------------------------------------------------------- #3 NORTH -Donald Ross Rd SOUTH- The South Section Line of Sections (using T-R-S) 42-43-10, 42-43-09, 42-43-08, 42-43-07, and 42-42-12, East of Military Trl, then South along Military Trl to Northlake Blvd, then West along Northlake Blvd to Florida's Turnpike EAST - The Atlantic Ocean WEST - Florida's Turnpike #4 NORTH - The South Section Line of Sections (using T-R-S) 41-42-21, 41-42-20, 41-42-19, 41-41-24, and 41-41-23, then Southwest along the C-18 Canal to the Bee Line Hwy, then Northwest along the Bee Line Hwy until the intersection of Bee Line Hwy and the West Section Line of Section 41-41-18 PS-24 SOUTH - Northlake Blvd West to Grapeview Blvd, North along Grapeview Blvd to the South Section Line of Section (using T-R-S) 42-41-08, then West along the South Section Line of Sections 42-41-08 and 42-41-07 EAST - Florida's Turnpike WEST - The West Section Line of (using T-R-S) 41-41-18 South of the Bee Line Hwy, and the West Section Lines of Sections 41-41-19, 41-41-30, 41-41-31, 42-41-06, and 42-41-07 -------------------------------------------------------------------------------------------------------------------------- #5 NORTH - The South Section Line of Sections (using T-R-S) 42-43-10, 42-43-09, 42-43-08, 42-43-07, and 42-42-12 West to Military Trl SOUTH - The South Section Line of Sections (using T-R-S) 42-43-34, 42-43-33, 42-43-32, 42-43-31, and 42-42-36 West to Military Trl EAST - The Atlantic Ocean WEST - Military Trl #6 NORTH - Northlake Blvd SOUTH - The South Section Line of Sections (using T-R-S) 42-42-36 West of Military Trl, 42-42-35, 42- 42-34, 42-42-33, 42-42-32, and 42-42-31 EAST - Military Trl WEST - The West Section Line of Sections (using T-R-S) 42-42-18, 42-42-19, 42-42-30, and 42-42- 31 #8 NORTH - The South Section Line of Sections (using T-R-S) 42-43-34, 42-43-33, 42-43-32, 42-43-31, and 42-42-36 West to Military Trl SOUTH - The North Line of the South Half of Sections (using TRS) 43-43-23, 43-43-22, 43-43-21, 43- 43-20, 43-43-19, and 43-42-24 East of Military Trl EAST - The Atlantic Ocean WEST - Military Trl -------------------------------------------------------------------------------------------------------------------------- #9 NORTH - The South Section Line of Sections (using T-R-S) 42-42-36 (West of Military Trl), 42-42-35, 42-42-34, 42-42-33, 42-42-32, and 42-42-31 SOUTH - The North Section Line of Sections (using TRS) 43-42-24 West of Military Trl, 43-42-23, 43-42-22, 43-42-21, 43-42-20, and 43-42-19 EAST - Military Trl WEST - The West Section Line of Sections (using T-R-S) 43-42-06, 43-42-07, 43-42-18, and 43-42- 19 North of the South Line of the North Half PS-25 #10 NORTH - Northlake Blvd West to Grapeview Blvd, North along Grapeview Blvd, then West along the South Section Line of Sections (using T-R-S) 42-41-08, and 42-41-07, then South along the West Section Line of 42-41-18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center of Sections 42-40-13, 42-40-14, 42-40- 15, 42-40-17, and 42-40-18, then North along the East Section Line of Section 42-39-13 to the North Line of the South Half of Section 42-39-13, then West along the North Line of the South Half of Section 42-39-13 to the West Section Line of Section 42-39-13 SOUTH - Southern Blvd West of 441, West to the West Section Line of Section (using T-R-S) 43-40-33 EAST - The East Section Line of Sections (using T-R-S) 43-41-01, 43-41-12, 43-41-13, 43-41-24, 43- 41-25, and 43-41-36 South to Southern Blvd WEST - The L-8 Canal South of the South Section Line of Section (using T-R-S) 42-40-31 and West of the West Section Line of Section 43-40-08, the West Section Line of Section 43-40-08 South of the L-8 Canal, the West Section Line of Sections 43-40-16, 43-40-21, 43-40-28, and 43-40-33 South to Southern Blvd #11 NORTH - The North Line of the South Half of Sections (using TRS) 43-43-23, 43-43-22, 43-43-21, 43- 43-20, 43-43-19, and 43-42-24 East of Military Trl SOUTH - The South Section Line of Sections (using T-R-S) 44-43-02, 44-43-03, 44-43-04, 44-43-05, 44-43-06, and 44-42-01 East of Military Trl EAST - The Atlantic Ocean WEST - Military Trl #12 NORTH - The North Section Line of Sections (using TRS) 43-42-24 West of Military Trl, 43-42-23, 43-42-22, 43-42-21, 43-42-20, and 43-42-19 SOUTH - The South Section Line of Sections (using T-R-S) 44-42-01 West of Military Trl, 44-42-02, 44- 42-03, 44-42-04, 44-42-05, and 44-42-06 EAST - Military Trl WEST - The West Section Line of Section (using T-R-S) 43-42-19 South of the North Line of the South Half, and State Rd 7 #14 NORTH - The South Section Line of Sections (using T-R-S) 44-43-02, 44-43-03, 44-43-04, 44-43-05, 44-43-06, and 44-42-01 East of Military Trl SOUTH - The South Section Line of Sections (using T-R-S) 44-43-26, 44-43-27, 44-43-28, 44-43-29, 44-43-30, and 44-42-25 East of Military Trl EAST - The Atlantic Ocean WEST - Military Trl -------------------------------------------------------------------------------------------------------------------------- PS-26 #15 NORTH - The South Section Line of Sections (using T-R-S) 44-42-01 West of Military Trl, 44-42-02, 44- 42-03, 44-42-04, 44-42-05, and 44-42-06 SOUTH - The L-14 Canal EAST - Military Trl WEST - State Rd 7 #16 NORTH - Southern Blvd West of 441, West to the West Section Line of Section (using T-R-S) 43-40-33 SOUTH - The South Section Line of Sections (using T-R-S) 44-41-25, 44-41-26, 44-41-27, 44-41-28, 44-41-29, and 44-41-30 East of the L-40 Canal EAST - U.S. Hwy 441 /State Rd 7 WEST - The L-40 Canal and the West Section Line of Section 43-40-33 South of Southern Blvd #17 NORTH - The South Section Line of Sections (using T-R-S) 44-43-26, 44-43-27, 44-43-28, 44-43-29, 44-43-30, 44-42-25, 44-42-26, and 44-42-27 East of Jog Rd SOUTH - The Boynton Canal EAST - The Atlantic Ocean WEST - Jog Rd #18 NORTH - The L-14 Canal West to the Florida Turnpike, then North along the Turnpike to the South Section Line of Section (using T-R-S) 44-41-29, then West along the South Section Line of Sections 44-42-30, 44-41-25, 44-41-26, 44-41-27, 44-41-28, 44-41-29 and 44-41-30 East of the L-40 Canal SOUTH - The Boynton Canal EAST - Jog Rd WEST - The L-40 Canal #19 NORTH - The Boynton Canal SOUTH - The South Section Line of Sections (using T-R-S) 46-43-03, 46-43-04, 46-43-05, 46-43-06, 46-42-01, 46-42-02, 46-42-03, 46-42-04, 46-42-05, 46-42-06, State Rd 7 South to the South Section Line of Section 46-41-01, West along the South Section Line of Section 46-41-01 extended to the L-40 Canal EAST - The Atlantic Ocean WEST - The L-40 Canal PS-27 #20 NORTH - The South Section Line of Sections (using T-R-S) 46-43-03, 46-43-04, 46-43-05, 46-43-06, 46-42-01, 46-42-02, 46-42-03, 46-42-04, 46-42-05, 46-42-06, State Rd 7 South to the South Section Line of Section 46-41-01, West along the South Section Line of Section 46-41-01 extended to the L-40 Canal SOUTH - The South Section Line of Sections (using T-R-S) 46-43-28, 46-43-29, 46-43-30, 46-42-25, 46-42-26, 46-42-27, 46-42-28, 46-42-29, 46-42-30, 46-41-25, and 46-42-26 East of the L-40 Canal, the portion of the line formed by these Section Lines West of I-95 generally approximates the C-15 Canal EAST - The Atlantic Ocean WEST - The L-40 Canal #21 NORTH - The South Section Line of Sections (using T-R-S) 46-43-28, 46-43-29, 46-43-30, 46-42-25, 46-42-26, 46-42-27, 46-42-28, 46-42-29, 46-42-30, 46-41-25, and 46-42-26 East of the L-40 Canal, the portion of the line formed by these Section Lines West of I-95 generally approximates the C-15 Canal SOUTH - The Palm Beach /Broward County Border EAST - The Atlantic Ocean WEST - The L-40 and L-36 Canals #22 NORTH - The Martin /Palm Beach County Border SOUTH - The Palm Beach /Broward County Border EAST - From the Martin /Palm Beach County Border, the Bee Line Hwy South to the West Section Line (using T-R-S) of 41-41-18, the West Section Lines of Sections 41-41-18, 41-41-19, 41- 41-30, 41-41-31, 42-41-06, 42-41-07, and 42-41-18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center of Sections 42-40-13, 42- 40-14, 42-40-15, 42-40-17, and 42-40-18, then North along the East Section Line of Section 42-39-13 to the North Line of the South Half of Section 42-39-13, then West along the North Line of the South Half of Section 42-39-13 to the West Section Line of Section 42-39-13, then South along The West Section Line of South Half of Section 42-39-13, The West Section Line of Sections 42-39-24, 42-39-25, and 42-39-36 North of the L-8 Canal, the L-8 Canal South to the West Section Line of Section 43-40-08, then South along The West Section Lines of Sections 43-40-08 South of the L-8 Canal, 43-40-16, 43-40-21, 443-40-28, and 43-40-33, then South along the L-40 Canal and the L-36 Canal to the Palm Beach /Broward County Border. WEST - The Shoreline of Lake Okeechobee South to the South Section Line of Section (using T-R-S) 41-37-22, East along the South Section Line of Sections 43-37-22, and 41-37-23, then South along the East Section Line of Sections 41-37-26, 41-37-35, 42-37-02, 42-37-11, 42-37-14, 42-37-23, 42-37-26, and 42-37-35, then West along the South Section Line of Section 42-37- 35 to the East Section Line of Section 43-37-02, then South along the East Section Line of Sections 43-37-02, 43-37-11, 43-37-14, 43-37-23, 43-37-26, and 43-37-35, then in a Southerly direction to the East Section Line of Section 44-37-02, then South along the East Section Line of Sections 44-37-02, 44-37-11, 44-37-14, and 44-37-23 to the L-16 Canal, then West along the L-16 Canal and the L-21 Canals, also referenced as the Bolles Canal, to the PS-28 West Section Line of Section 44-35-34, then North along the West Section Line of Sections 44-35-34, 44-35-27, 44-35-22, 44-35-15, 44-35-10, 44-35-03, 43-35-34, and 43-35-27 to the Shoreline of Lake Okeechobee, then Westerly along the Shoreline of Lake Okeechobee to the Palm Beach / Hendry County Border, South along the Palm Beach / Hendry County Border to the Palm Beach / Broward County Border #23 NORTH - The South Section Line of Sections (using T-R-S) 43-37-22 East of Lake Okeechobee, and 41-37-23 SOUTH - The L-16 and L-21 Canals, also referenced as the Bolles Canal EAST - The East Section Line of Sections (using T-R-S) 41-37-26, 41-37-35, 42-37-02, 42-37-11, 42- 37-14, 42-37-23, 42-37-26, and 42-37-35, then West along the South Section Line of Section 42-37-35 to the East Section Line of Section 43-37-02, then South along the East Section Lines of Sections 43-37-02, 43-37-11, 43-37-14, 43-37-23, 43-37-26, and 43-37-35, then in a Southerly direction to the East Section Line of Section 44-37-02, then South along the East Section Line of Sections 44-37-02, 44-37-11, 44-37-14, and 44-37-23 to the L-16 Canal WEST - The West Section Line of Sections (using T-R-S) 43-35-27 South of the Shoreline of Lake Okeechobee, 43-35-34, 44-35-03, 44-35-10, 44-35-15, 44-35-22, 44-35-27, and 44-35-34 South to the L-21 or Bolles Canal PS-29 GOALS, OBJECTIVES AND POLICIES GOAL AREA "A" Public School Concurrency Objective A-1 Level of Service Policy A-1.1 Target Level of Service Standards Policy A-1.2 School Capacity Studies / 120% Utilization Policy A-1.3 School Capacity Study Criteria Policy A-1.4 Tiered Level of Service Policy A-1.5 Concurrency Service Areas (CSA) Policy A-1.6 ~ Five Year Capital Improvement Schedule /LOS Determination Policy A-1.7 Consistency with the School District's 5-Year Plan Policy A-1.8 Single-Family Lot Exemption Policy A-1.9 Suspension and/or Termination of School Concurrency Objective A-2 Facilities Requirements Policy A-2.1 Mitigation Options Policy A-2.2 Capacity in Adjacent CSA's Objective A-3 ~ Five-Year Capital Improvement Schedule Policy A-3.1 Intergovernmental Coordination GOAL AREA "B SCHOOL FACILITY SITING AND DEVELOPMENT COORDINATION Objective B-1 School Facility Siting Policy B-1.1 Expedited Review Process Policy B-1.2 Siting of Educational Facilities Policy B-1.~3Site Suitability /Water Management Standards Policy B-1.~4Site Compliance with Coastal Element Policy B-1.45Site Proximity to Urban Residential Areas Policy B-1.~6Collocation with Public Facilities Objective B-2 Intergovernmental Coordination Policy B-2.1 Interlocal Agreement Policy B-2.2 Technical Advisory Group (TAG) Policy B-2.3 Annual Data Update Policy B-2.4 Data Sharing Policy B-2.5 Communication of School Development Issues Policy B-2.6 School Board Comment on Land Use Amendment Policy B-2.7 Emergency Preparedness Coordination PS-30 Objective C-3 Population Projections Policy C-3.1 Disaggregation of BEBR Projections Policy C-3.2 Population Projection Coordination PS-31 GOAL AREA "A" PUBLIC SCHOOL CONCURRENCY: IT IS A GOAL OF THE CITY OF DELRAY BEACH TO PROVIDE FOR FUTURE AVAILABILITY OF PUBLIC SCHOOL FACILITIES CONSISTENT WITH THE ADOPTED LEVEL OF SERVICE STANDARD. THIS GOAL SHALL BE ACCOMPLISHED RECOGNIZING THE CONSTITUTIONAL OBLIGATION OF THE SCHOOL DISTRICT TO PROVIDE A UNIFORM SYSTEM OF FREE PUBLIC SCHOOLS ON A COUNTYWIDE BASIS. Objective A-1 To ensure that the capacity of schools is sufficient to support student growth at the adopted level of service standard for each year of the five-year planning period and through the long term planning period. Policy A-1.1 The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each type within each Concurrency Service Area. No individual school shall be allowed to operate in excess of 110% utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that the school can operate in excess of 110% utilization. The SCS shall be required if a school in the first FTE student count reaches 108 % or higher capacity. As a result of an SCS, an individual school may operate at up to 120% utilization. Upon determination by TAG, if a school is planned and under contract or construction which will relieve capacity of an existing school, the existing school shall be allowed to exceed the 120% maximum utilization for a period not to exceed 2 years. The former is intended to prevent the movement of students more than once. Policy A-1.2 If, as a result of a School Capacity Study (SCS), a determination is made that a school will exceed 120% utilization or cannot operate in excess of 110% utilization, then the School District shall correct the failure of that school to be operating within the adopted LOS through 1) program adjustments 2) attendance boundary adjustments or 3) modifications to the Capital Facilities Program to add additional capacity. If, as a result of the SCS a determination is made that the school will exceed 110% and can operate within adopted guidelines, the identified school may operate at up to 120% utilization. If as a result of one or more School Capacity Studies that demonstrate that the schools of a particular type can operate at a higher standard than the 110% utilization standard of the CSA, the Comprehensive Plan will be amended to reflect the new LOS for that school type in that CSA. Policy A-1.3 The School Capacity Study (SCS) shall determine if the growth rate within an area, causing the enrollment to exceed 110 percent of capacity, is temporary or reflects an ongoing trend affecting the LOS for the 5 year planning period. The study shall include data which shows the extent of the exceedance attributable to both PS-32 existing and new development. Notification shall be provided to the local government within whose jurisdiction the study takes place. At a minimum, the study shall consider: 1. Demographics in the school's Concurrency Service Area (CSA); 2. Student population trends; 3. Real estate trends (e.g. development and redevelopment); 4. Teacher/student ratios; and 5. Core facility capacity. Policy A-1.4 The adopted LOS standard shall become applicable to the entire County at the beginning of the 2004-05 school year, by which time the School District has achieved the countywide adopted level of service for all schools of each school type. In the interim, Table A-1.1 establishes the tiered level of service standards for each CSA by school type. Individual schools of each type may exceed the Tiered LOS standards during the period in which Tiered LOS are in effect. Each individual school exceeding the Tiered LOS during that time shall not be allowed to exceed the utilization standards for that school type as shown in the Maximum Utilization Table of this element (Table A- 1.2). Table A-1.1 Standards for Tiered Level of Service CSA Facility Type 2002-03 2003-04 2004-05 2005-06 1 Elementary 110 Middle 110 High 110 2 Elementary 110 Middle 110 High 125 110 3 Elementary 110 Middle 110 High 125 120 110 4 Elementary 110 Middle 110 High 125 120 110 5 Elementary 110 Middle 110 High 130 130 110 PS-33 Table A-1.1 (Continued) CSA Facility Type 2002-03 2003-04 2004-05 2005-06 6 Elementary 110 Middle 125 120 110 High 125 120 110 8 Elementary 110 Middle 125 125 110 High 120 120 110 9 Elementary 125 125 110 Middle 125 115 110 High 120 130 110 10 Elementary 110 Middle 125 125 110 High 120 110 11 Elementary 110 Middle 125 110 High 110 12 Elementary 110 Middle 135 120 110 High 140 120 110 14 Elementary 115 110 Middle 140 140 110 High 115 115 110 15 Elementary 110 Middle 135 135 110 High 120 120 110 16 Elementary 130 130 110 Middle 1225 125 110 High 150 150 110 PS-34 Table A-1.1 (Continued) CSA Facility Type 2002-03 2003-04 2004-05 2005-06 17 Elementary 110 Middle 110 High 115 110 18 Elementary 125 125 110 Middle 140 140 110 High 140 120 110 19 Elementary 110 Middle 110 High 110 20 Elementary 110 Middle 110 High 130 130 110 21 Elementary 110 Middle 110 High 110 22 Elementary 110 Middle 110 High 110 120 110 23 Elementary 110 Middle 110 High 110 Source: Based on data depicted in the School District of Palm Beach County FY2001-FY2005 Five-Year Plan and FY 2001 Capital Budget, June 2000, and the actual count of students in the second semester of the 2000-01 school year. PS-35 Table A-1.2 MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA Facility Type 2002-03 2003-04 2004-05 2005-06 1 Elementary 130 130 ~-1-8120 120 Middle 120 120 120 120 High 120 120 120 120 2 Elementary 120 120 120 120 Middle 120 120 120 120 High 125 1-28125 120 120 3 Elementary 120 120 120 120 Middle 120 120 120 120 High 125 125 120 120 4 Elementary 125 1-2a 120 120 120 Middle 120 120 120 120 High 130 1-28130 ~-1-8120 120 5 Elementary 1-2a 120 1-2a 120 120 120 Middle 120 120 120 120 High 130 130 120 120 6 Elementary 125 125 120 120 Middle 135 130 120 120 High 125 125 120 120 8 Elementary 120 120 120 120 Middle 135 135 120 120 High 120 120 120 120 9 Elementary 130 130 120 120 Middle 135 130 120 120 High 130 130 120 120 10 Elementary 130 130 120 120 Middle 140 140 120 120 High 120 120 120 120 PS-36 Table A-1.2 (Continued) CSA Facility Type 2002-03 2003-04 2004-05 2005-06 11 Elementary 120 120 120 120 Middle 120 120 120 120 High 120 120 120 120 12 Elementary 130 130 120 120 Middle 145 130 120 120 High 145 120 120 120 14 Elementary 135 135 120 120 Middle 145 145 120 120 High 120 120 120 120 15 Elementary 145 145 120 120 Middle 140 140 120 120 High 4~ 130 x-28 125 120 120 16 Elementary 175 175 120 120 Middle 150 150 120 120 High 150 150 120 120 17 Elementary 155 150 120 120 Middle 130 130 120 120 High 135 135 120 120 18 Elementary 135 135 120 120 Middle 140 140 120 120 High 145 125 120 120 19 Elementary 130 125 120 120 Middle 120 120 120 120 High 145 130 120 120 20 Elementary 120 120 120 120 Middle 120 120 120 120 High 145 130 120 120 PS-37 Table A-1.2 (Continued) CSA Facility Type 2002-03 2003-04 2004-05 2005-06 21 Elementary 135 135 120 120 Middle 135 135 120 120 High 145 145 120 120 22 Elementary 120 120 120 120 Middle 120 120 120 120 High 120 120 120 120 23 Elementary 120 120 120 120 Middle 120 120 120 120 High 120 120 120 120 Source: Based on data depicted in the School District of Palm Beach County FY2001-FY2005 Five-Year Plan and FY 2001 Capital Budget, June 2000. Revised by Amendment 02-1 Policy A-1.5 Concurrency Service Areas (CSA) shall be established on a less than district-wide basis, as depicted on Map PS 1.1 and described in the Concurrency Service Area Boundary Descriptions in the Implementation Section of this element. 1. The criteria for Concurrency Service Areas shall be: Palm Beach County is divided into twenty-one CSAs. Each CSA boundary shall be delineated considering the following criteria and shall be consistent with provisions in the Interlocal Agreement: a. School locations, student transporting times, and future land uses in the area. b. Section lines, major traffic-ways, natural barriers and county boundaries. 2. Each CSA shall demonstrate that: a. Adopted level of service standards will be achieved and maintained for each year of the five-year planning period; and b. Utilization of school capacity is maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. PS-38 3. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries shall be made only by amendment to the Public Schools Facilities Element and shall be exempt from the limitation on the frequency of plan amendments. Any proposed change to CSA boundaries shall require a demonstration by the School District that the requirements of 2(a) and (b), above, are met. Policy A-1.6 The City of Delray Beach shall consider as committed and existing the public school capacity which is projected to be in place or under construction in the first three years of the School District's most recently adopted Five-Year Plan, as reflected in Table SD-CIP (~ Five Year Capital Improvement Schedule) of the Capital Improvement Element of the City of Delray Beach's Comprehensive Plan, when analyzing the availability of school capacity and making level of service compliance determinations. Policy A-1.7 The City of Delray Beach shall amend Table SD-CIP (~ Five Year Capital Improvement Schedule) of the Capital Improvement Element when committed facility capacity is eliminated, deferred or delayed, to ensure consistency with the School District Five-Year Plan. Policy A-1.8 For purposes of urban infill and in recognition of the entitlement density provisions of the City of Delray Beach's Future Land Use Element, the impact of a home on an existing single family lot of record shall not be subject to school concurrency. Policy A-1.9 The City of Delray Beach shall suspend or terminate its application of School concurrency upon the occurrence and for the duration of the following conditions: 1. School concurrency shall be suspended in all CSAs upon the occurrence and for the duration of the following conditions: a. The occurrence of an "Act of God"; or b. The School Board does not adopt an update to its Capital Facilities Plan by September 15th of each year; or c. The School District's adopted update to its Capital Facilities Program Plan does not add enough FISH capacity to meet projected growth in demand for permanent student stations at the adopted level of service standard for each CSA and ensures that no school of any type exceeds the maximum utilization standard in any CSA; or d. The School District Capital Facilities Plan is determined to be financially infeasible as determined by the State Department of Education, or as defined by the issuance of a Notice of Intent to Find an Amendment to a Capital Improvement Element not in compliance as not being financially feasible, by the Department of Community Affairs; or by a court action or final administrative action; or PS-39 e. If concurrency is suspended in one-third or more of the CSAs pursuant to Policy A-1.9(2)(a) below. 2. School concurrency shall be suspended within a particular CSA upon the occurrence and for the duration for the following conditions: a. Where an individual school in a particular CSA is twelve or more months behind the schedule set forth in the School District Capital Facilities Plan, concurrency will be suspended within that CSA and the adjacent CSAs for that type of school; or b. The School District does not maximize utilization of school capacity by allowing a particular CSA or an individual school to exceed the adopted Level of Service (LOS) standard; or c. Where the School Board materially amends the first 3 years of the Capital Facilities Plan and that amendment causes the Level of Service to be exceeded for that type of school within a CSA, concurrency will be suspended within that CSA and the adjacent CSAs only for that type of school. 3. The County shall maintain records identifying all concurrency Service Areas in which the School District has notified the County that the application of concurrency has been suspended. 4. Once suspended, for any of the above reasons, concurrency shall be reinstated once the Technical Advisory Group (TAG) determines the condition that caused the suspension has been remedied or the Level of Service for that year for the affected CSAs have been achieved. 5. If a Program Evaluation Report recommends that concurrency be suspended because the program is not working as planned, concurrency may be suspended upon the concurrence of 33% of the PARTIES signatories of the "Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County to establish Public School concurrency". 6. Upon termination of the Interlocal Agreement the County shall initiate a Comprehensive Plan Amendment to terminate school concurrency. Objective A-2 To provide for mitigation alternatives which are financially feasible and will achieve and maintain the adopted level of service standard in each year of the five-year planning period. Policy A-2.1 Mitigation shall be allowed for those development proposals that cannot meet adopted level of service standard. Mitigation options shall include options listed below for which the School District assumes the operational responsibility and which will PS-40 maintain the adopted level of service standards for each year of the five-year planning period. 1. Donation of buildings for use as a primary or alternative learning facility; and/or 2. Renovation of existing buildings for use as public school facilities; or 3. Construction of permanent student stations or core capacity. The site plan for buildings being renovated pursuant to number 2 above, that are fifty years of age or older, shall demonstrate that there are no adverse impacts on sites listed in the National Register of Historic Places or otherwise designated in accordance with appropriate State guidelines as locally significant historic or archaeological resources. Policy A-2.2 A development order shall be issued and mitigation measures shall not be exacted when the adopted level of service standard cannot be met in a particular concurrency service area, as applied to an application for a development order, if the needed capacity for the particular CSA is available in one or more contiguous CSAs. Objective A-3 To ensure existing deficiencies and future needs are addressed consistent with the adopted level of service standard. Policy A-3.1 The City of Delray Beach, in coordination with the School District and other local governments, shall annually adopt the updated School District of Palm Beach County Five-Year Capital Improvement Schedule, by reference or follow other procedures consistent with Rule 9J-5, Florida Administrative Code. This provision is intended to maintain consistency with the School Board's adopted Five-Year Plan and to maintain a financially feasible capital improvements program and ensure that level of service standards will continue to be achieved and maintained in each year of the five year planning period. GOAL AREA "B" SCHOOL FACILITY SITING AND DEVELOPMENT COORDINATION: IT IS THE GOAL OF CITY OF DELRAY BEACH TO MAINTAIN AND ENHANCE JOINT PLANNING PROCESSES AND PROCEDURES FOR COORDINATION OF PUBLIC EDUCATION FACILITIES FOR PLANNING AND DECISION-MAKING REGARDING POPULATION PROJECTIONS, PUBLIC SCHOOL SITING, AND THE DEVELOPMENT OF PUBLIC EDUCATION FACILITIES CONCURRENT WITH RESIDENTIAL DEVELOPMENT AND OTHER SERVICES. PS-41 Objective B-1 To establish a process of coordination and collaboration between the County, local governments, and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. Policy B-1.1 The City of Delray Beach shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. Policy B-1.2 The siting of public educational facilities shall comply with the City of Delray Beach Code of Ordinances and the Comprehensive Plan. °~^~,•-B~ Policy B-1.3_The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. Policy B-1.4 The proposed location shall comply with the provisions of the Coastal Zone Management Element of the Comprehensive Plan, if applicable to the site. Policy B-1.5 The City of Delray Beach shall encourage the location of schools proximate to urban residential areas by: • Assisting the School District in identifying funding and/or construction opportunities (including developer participation or City of Delray Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; • Providing for the review for all school sites as indicated in Policy B-1.1 above; and, • Allowing schools as a permitted use within all urban residential land use categories. Policy B-1.6 The City of Delray Beach shall coordinate with the School District for the collocation of public facilities, such as parks, libraries, and community centers with schools, to the extent possible, as sites for these public facilities and schools are chosen and development plans prepared. Objective B-2 To establish and maintain a cooperative relationship with the School District and municipalities in coordinating land use planning with development of public school facilities which are proximate to existing or proposed residential areas they will serve and which serve as community focal points. PS-42 Policy B-2.1 The City of Delray Beach shall abide by the "Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County to establish Public School Concurrency", which was fully executed by the parties involved and recorded with the Clerk of the Circuit Court of Palm Beach County on January 25, 2001, consistent with ss.163.3177(6)(h)1.and 2. F.S. and 163.3180 F.S. Policy B-2.2 The Technical Advisory Group (TAG) shall be established by the County, participating local governments, and the School District. The five member TAG will be comprised of a Certified Public Accountant, a General Contractor, a Demographer, a Business Person, and a Planner, nominated by their respective associations as indicated in the Interlocal Agreement to establish Public School Concurrency mentioned in Policy B-2.1 above. The Technical Advisory Group shall review and make recommendations including but not limited to the following: 1. The Capital Facilities Plan; 2. The Ten and Twenty Year work programs; 3. Schools that trigger a School Capacity Study; 4. Concurrency Service Areas boundaries; 5. School District Management Reports; and 6. Operation and effectiveness of the Concurrency Program; 7. Program Evaluation Reports. Policy B-2.3 The City of Delray Beach shall provide the School District with annual information needed to maintain school concurrency, including information required for the School District to establish: 1. School siting criteria; 2. Level of service update and maintenance; 3. Joint approval of the public school capital facilities program; 4. Concurrency service area criteria and standards; and 5. School utilization. Policy B-2.4 The City of Delray Beach shall provide the School District with its Comprehensive Plan, along with the five-year land use and population projections, to facilitate development of school enrollment projections and shall annually update this information. The City of Delray Beach shall coordinate its Comprehensive Plan and the Future Land Use Map with the School District's long range facilities maps (Maps PS 3.1 and PS 3.2), to ensure consistency and compatibility with the provisions of this Element. Policy B-2.5 The City of Delray Beach shall advise the School District of a proposed public school site's consistency with the City of Delray Beach's Comprehensive Plan and land development regulations, including the availability of necessary public infrastructure to support the development of the site. PS-43 Policy B-2.6 The City of Delray Beach shall provide opportunity for the School District to comment on comprehensive plan amendments, rezonings, and other land-use decisions which may be projected to impact on the public schools facilities plan. Policy B-2.7 The City of Delray Beach shall coordinate with local governments and the School District on emergency preparedness issues which may include consideration of: 1. Design and/or retrofit of public schools as emergency shelters; 2. Enhancing public awareness of evacuation zones, shelter locations, and evacuation routes; 3. Designation of sites other than public schools as long term shelters, to allow schools to resume normal operations following emergency events. Objective C-3 To establish a joint process of coordination and collaboration between the City of Delray Beach, Palm Beach County and the School District in the planning and decision making on population projections. Policy C-3.1 The County shall convert the BEBR projections into both existing and new residential units and disaggregate these units throughout incorporated and unincorporated Palm Beach County into each CSA, using BEBR's annual estimates by municipality, persons-per-household figures, historic growth rates and development potential considering the adopted Future Land Use maps of all local government Comprehensive Plans. These projections are shown in Exhibit E of the Interlocal Agreement as "Projected Units Table" which shall be amended annually and provided to the School District. Policy C-3.2 The City of Delray Beach commits working with the School District and Palm Beach County to improve this methodology and enhance coordination with the plans of the School District and local governments. Population and student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the municipalities and the County as well as changing demographic conditions are reflected in the updated projections. The revised projections and the variables utilized in making the projections shall be reviewed by all signatories through the Intergovernmental Plan Amendment Review Committee (IPARC). Projections shall be especially revisited and refined with the results of the 2000 Census. The responsibilities of local governments and the School District on population projections are described in Section VIII-B of the Interlocal Agreement. PS-44 MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: July 10, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF JULY 15, 2008 RESOLUTION N0.25-08 (STORMWATER UTILITY SYSTEMI ITEM BEFORE COMMISSION In accordance with Chapter 56, "stormwater", of the City Code, Resolution No. 25-08 establishes the budget for the stormwater utility system, establishes the rates for FY 2009 stormwater management assessments, and certifies and adopts the stormwater management assessment roll. Prior to consideration, a public hearing is required. BACKGROUND The assessment is proposed at the rate of $5.33 per month per Equivalent Residential Unit (ERU), for a total annual assessment of $63.96 per ERU. This is the same as the current year assessment. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems. The proposed budget for the stormwater utility fund is incorporated in Resolution No. 25-08 as Exhibit "A". The rate structure with condominium factors is attached to the resolution as Exhibit `B". The assessment roll will be available for review in the Commission Chambers at the July 15~' meeting. RECOMMENDATION Recommend approval of Resolution No. 25-08. RESOLUTION N0.25-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on July 10, 1990, adopt Ordinance No. 21-90, which provides for the creation and establishment of a City-wide Stormwater Management System; and WHEREAS, the City Commission of the City of Delray Beach did, on April 27, 1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the City of Dekay Beach to provide for the method of establishing and collecting Stormwater Management Assessments; and WHEREAS, the statutory authority for the creation and implementation of Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and WHEREAS, the Ciry Commission of the City of Delray Beach has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater management system; and WHEREAS, Chapter 56 of the Code of Ordinances of the Ciry of Delray Beach establishes that the rate for stormwater management assessments for each parcel within the benefited area, other than with respect to non-assessed property, shall be established each year by resolution of the City Commission; and WHEREAS, Chapter 5G of the Code of Ordinances of the City of Delray Beach provides that such rate resolution shall not be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as required by applicable law; and WHEREAS, Chapter 5G of the Code of Ordinances of the City of Delray Beach provides that such budget shall include, but not be limited to, a capital element, a debt service element and an Operation and Maintenance element and further requires that the rate hearing and rate resolution shall clearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the Operation and Maintenance element; and WHEREAS, a budget of operation for the year ending September 30, 2009, is set forth in Exhibit "A" and is established in conformity with the requirements of Ordinance No. 21- 90, as amended, and Chapter 5G of the Code of Ordinances of the City of Delray Beach; and WHEREAS, billing and collection of the stormwater management assessment shall be accomplished utilizing the uniform method of collection; and WHEREAS, a rate for stormwater management assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Chapter 5G of the Code of Ordinances of the City of Delray Beach, and as further set forth in Exhibit "B" to this resolution; and WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessment roll was duly noticed; and WHEREAS, the City, upon adoption of the budget and rates, shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and, if, upon the completion of such review the City shall be satisfied that the stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the stormwater Management Assessment Roll and certify that the stormwater Management Assessment Roll is correct and proper and is to be used in collecting the stormwater management assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is levied shall thereafter be responsible for payment therefore. 2 RES. NO. 25-08 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Commission does hereby adopt, after public hearing, the budget as established in Exhibit "A" hereto which is incorporated herein. Section 3. That the City Commission does hereby adopt, after public hearing, the rates as set forth in Exhibit "B" hereto which is incorporated herein. Section 4. That the City Commission hereby adopts and certifies the Stormwater Management Assessment Roll. Section 5. This resolution shall take effect immediately upon its adoption. ATTEST: PASSED AND ADOPTED in regular session on this the 15`h day of July, 2008. MAYOR City Clerk 3 RES. NO. 25-08 Exhibit "A" FY 2008-09 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 11 Administration 12-10 REGULAR SALARIES/WAGES $ 51,950 21-10 EMPLOYER FICA 3,640 22-10 GEN'L EMP RETIREMENT 5,900 22-30 ICMA CONTRIBUTIONS 23-10 LIFE INSURANCE 260 23-20 DISABILITY INSURANCE 340 23-30 HEALTH INSURANCE 7,210 24-10 WORKERS' COMPENSATION 2,980 25-10 UNEMPLOYMENT COMPENSATION 40 25-20 EMPLOYEE ASSISTANCE PROG. 30 * PERSONAL SERVICES 72,350 31-30 ENGINEERING/ARCHITECT 22,210 31-90 OTHER PROFESS SERVICES 19,000 32-10 AUDIT/ACCOUNTING FEES 2,010 40-10 TRAVEL & TRAINING 1,100 41-]0 TELEPHONE EXPENSE 190 42-10 POSTAGE 150 43-10 ELECTRICITY 2,510 43-50 STORMWATER CHARGES 1,230 44-30 EQUIPMENT RENTAL/LEASE 2,140 45-10 GENERAL LIABILITY 10,360 46-10 BUILDING MAINTENANCE 2,500 46-90 OTHER REPAIR/MAINT COST 9,800 47-20 REPRODUCTION CHARGES 8,100 49-22 SHARE OF ADMIN EXP 121,000 51-10 STATIONERY/PAPER/FORMS 1,540 51-90 OTHER OFFICE SUPPLIES 600 52-20 GEN'L OPER SUPPLIES 2,000 52-22 UNIFORM/LINEN SERVICE 160 54-10 BOOKS & PUBLICATIONS 130 54-15 SUBSCRIPTIONS 50 54-20 MEMBERSHIPS 830 54-30 TRAINING/EDUCATION COSTS 1,320 * OPERATING EXPENSES 208,930 66-10 SOFTWARE CAPITAL OUTLAY 91-01 TRANSFER TO GENERAL FUND * TRANSFERS 99-01 PROJECT RESERVE * NON OPERATING ** STORMWATER ADMINISTRATION 93,000 93,000 $ 374,280 Exhibit "A" FY 2008-09 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 16 MAINTENANCE 12-10 REGULAR SALARIES/WAGES 14-10 OVERTIME 13-10 OTHER PAY 21-10 EMPLOYER FICA 22-10 GEN'L EMP RETIREMENT 22-30 ICMA CONTRIBUTIONS 23-10 LIFE INSURANCE 23-20 DISABILITY INSURANCE 23-30 HEALTH INSURANCE 24-10 WORKERS' COMPENSATION 25-10 UNEMPLOYMENT COMPENSATION 25-20 EMPLOYEE ASSISTANCE PROG. * PERSONAL SERVICES 31-20 MEDICAL 34-70 PHOTO/MICROFILM SERVICES 34-78 REPAIR & UPKEEP CANALS 34-90 OTHER CONTRACTUAL SERVICE 40-10 TRAVEL & TRAINING 43-10 ELECTRICITY 43-25 IRRIGATION WATER 44-10 LAND RENTAL/LEASE 44-30 EQUIPMENT RENTAL/LEASE 44-45 VEHICLE MAINT-GARAGE 45-10 GENERAL LIABILITY 46-20 EQUIPMENT MAINTENANCE 46-30 VEHICLE MAINT-GARAGE 46-90 OTHER REPAIR/MAINT COST 47-10 PRINTING/BINDING SERVICES 49-16 COMML DRIVERS LIC RENEWAL 51-10 STATIONERY/PAPER/FORMS 51-90 OTHER OFFICE SUPPLIES 52-10 FUEL/I,UBE VEHICLES 52-20 GEN'L OPER SUPPLIES 52-22 UNIFORMS/LINEN SERVICE 52-24 BUILDING MATERIALS 52-26 GARDENING SUPPLIES 52-27 EQUIPMENT <$750 53-20 REPAIRS-DRAINAGE 54-20 MEMBERSHIPS 54-30 TRAINING/BDUCATION COSTS * OPERATING EXPENSES 64-25 HEAVY EQUIPMENT * CAPITAL OUTLAY $ 189,370 23,600 300 15,000 21,510 850 1,260 36,050 21,830 190 150 310,110 140 100 9,420 54,000 2,080 7,880 7,500 2,240 1,000 41,980 20,620 1,430 43,150 157,490 110 50 400 27,100 7,000 2,400 1,300 10,000 6,320 11,200 100 900 415,910 ** STORMWATER SYSTEM MAINTENANCE $ 726,020 Exhibit "A" FY 2008-09 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 CAPITAL 64-25 HEAVY EQUIPMENT $ 300,000 XX-XX*** ALLEN AVENUE DRAINAGE 98,000 XX-XX*** FEDERAL HIGHWAY PHASE 1 62,000 XX-XX*** SW 1ST AVE-SW 1ST ST TO W ATLANTIC AVE 230,000 99-01 PROJECT RESERVE 726,710 * CAPITAL OUTLAY 1,416,710 ** CAPITAL $ 1,416,710 *** Account number not yet assigned FUND 448 STORMWATER UTILITY FUND Dept 71 Debt Service Div 11Debt Service 71-16 STORMWATER NOTE 30,620 72-16 STORMWATERNQTE-INTEREST 23,450 72-25 2007 UTILITY TAX BONDS INTEREST 49,880 * DEBT SERVICE 103,950 ** DEBT SERVICE $ 103,950 *** STORMWATER UTILITY FUND $ 2,620,960 EXHIBIT "B" TO RESOLUTION NO.25-08 Property Descnj~tion Rate Structure Single Family Residential ($5.33/Mo./ERU) (12 Mo.) (1 ERU) Condominium ($5.33/Mo./ERU) (12 Mo.) (Condo Factor) (ERU/Unit) Single Owner Multi-Family Residential ($5.33/Mo./ERU) (12 Mo.) Non-Residential Developed ($5.33/Mo./ERU) (12 Mo.) Undeveloped ($5.33/Mo./ERU) (12 Mo.) (1.20 ERU/AC) Total 12 Month Assessment $ 63.96 $ 63.96 x CF* $ 63.96/ERU $ 63.96/ERU $ 76.75/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boundary map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. *A specific condominium factor (0.0 -1.0) has been determined for each condominium development. A list of those factors is attached. 1 RES. NO.25-08 City of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT~ASSESSMENT Prepared: 7/02/08, 13:44:46 CONDOMINIUM RATES FOR TAX YEAR 2008 Page: 1 -------------------------------------- Condominium ---------------------- Units ------------------ ERUs -------------------------------------- Acacia House --------------------- 3 ------------------ .91 .Admiral Apts. 10 .70 Anchorage 8. .32 Ardmore 13 _70 Arnold Industrial Park 3 1.00 Atlantic Grove 49 _93 Avenue East Retail 6 1.00 Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 _70 Bahia at Delray 236 .79 Balmoral 12 .57 Banyan House 65 .63 Banyan Tree Village 55 .96 Bar Harbour 85 .39 Barr Terrace 95 .38 Baxxton Apts. 103 .46 Beach Cabanas 12 .64 Beach House of Delray 12 .70 Beekman 14 .70 Bella Vista 8 1.00 Berkshire By The Sea 48 1.00 Berkshire Y' 23 .79 Bermuda High 22 1.00 Bermuda High South 29 .96 Bermuda High West 46 1.00 Blairs Arcade 5 1.00 Blairs Downtown 3 .89 Block 60 92 .13 Boca Isle/Point at Delray Beach 93 .69 Brooks Lane 6 1.00 Cambridge 8 1.00 Captains Walk 57 .86 Casa Del Mar 11 .49 Casa Playa 11 .73 Chevy Chase 16 .74 Churchill 30 .60 City Walk at Pineapple Grove 42 .54 Coach Gate 7 _g7 Coastal House 85 ' .41 Colridge 3 .87 Commodore Apts. g _70 Congress Commerce Center 153 1.00 Congress Park Office 33 .45 Congress Professional Building 4 1.00 Coral Cove 7 70 Coral Trace Office Park 20 1.00 Costa Del Rey _ 39 .65 Country Manors 440 1.00 Court of Delray 43 .40 Courtyards at Martel Arms g .88 Cove Apts 5 .70 Crest 6 .79 Del Harbour 1040 Del Haven Dr. 4 .70 Del Harbour 1820 S Ocean Blvd. 18 .32 Delhaven 24 .74 2 Exhibit "B" City of Delray Beach, Florida MENT Program: Prepared: SWLIB/SWCONDO 7/02/08, 13:44:4 STORMWATER MANAGEMENT ASSESS 2008 Page: 2 CONDOMINIUM RATES FOR TAX YEAR Condominium Delray Beach Club Delray Beach Yacht Club Delray Dental Specialists Delray Estates Delray Golfview Delray Harbour Club Delray Oaks Delray Oaks West Delray Ocean Villas Delray Park Delray Place Delray Shores Professional Delray Summit Romaine Delray Dover House Downtown Lofts Duval Place Eastview of Delray Beach Eastview Village Square Eastwinds Eight Hundred Ocean Place Environment I Fairway Fall Ridge First Avenue First Encounter Florida Blvd Fountain Square Office of Georgia Street Industrial Golfview Colony Grand Bahama Professional Greensward Village Grove Hamilton House Harbour Pointe of Delray Harbour Villas Harbourside I-III High Point Imperial Manor Imperial.Villas Ingraham House Inlet Cove Inner Circle Intercoastal Cove Jardin Del Mar Lago Del Rey Delray Park Lago Del Rey North Amsterdam Lakeside Lakeview Greens Landings of Delray Beach Lanikai Villas Lavers Delray Racquet Club Ledges Linton Ridge Units ERUs 77 .48 12 .53 3 .70 324 .55 36 _57 50 .71 142 .95 256 1.00 15 .70 6 1.00 42 .35 a l.oo 67 .40 60 .91 46 1.00 7 .45 8 .71 3 .70 24 1.00 84 .69 8 1.00 92 .93 72 1.00 60 1.00 S 1.00 46 .70 3 .97 13 1.00 3 1.00 8 1.00 15 1.00 136 .91 28 .99 23 .84 10 .70 13 .73 175 .76 1,992 .76 12 .70 199 .96 4 .70 16 1.00 16 .72 4 .70 38 .83 338 .86 30 .57 212 .46 128 .90 64 1.00 24 .52 566 1.00 3 .70 84 .39 Exhibit "B" City of Delray Beach, Florida STORMWATER MANAGEMEN'T' ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2008 Condominium Linton Woods Lyndon Arms Manor House Marina Bay Marina Del Rey Martel Arms Meridian Delray Miramar Gardens Narberth/Ocean Aire New Monmouth Ocean City Lofts Ocean East Ocean Place Ocean Place-2155 Ocean Terrace One Sixty Center One Ten Apts Outrigger Palm Square Palm Trail Palm Villas Palm Villas at Delray Beach Park View Manor Patio Beach Pelican Pointe Penthouse Delray Pine Beach South Pineapple Grove Village Pines of Delray Pines of Delray North Pines of Delray west Plum Professional Centre at Delray Ranger Royal Atlantic Sabal Pine Sabal Pine East Sabal Pine South Sands Terrace Savoy Seabreeze of Delray Seagate Manor Seagate Towers Seastone Apts. Seaway Villas of Delray Beach Serena Vista Seven Seventy 17th Ave. Sherwood Gardens Sloan Hammock Land South Congress Commerce Center South County Professional South Ocean South Shore Club Southridge Beach Program: SWLIB/SWCONDO Prepared: 7/02/08, 13:44:46 Page: 3 Units ERUs 24 1.00 8 .64 24 .67 2 1.00 10 .70 30 1.00 59 .44 48 .38 14 .70 17 .70 68 .31 8 .85 29 1.00 30 .77 8 .70 3 1.00 4 .70 25 1.00 8 .70 22 .70 60 1.00 4 .95 16 .55 10 .70 56 .81 80 .41 6 .70 160 _27 685 .72 700 .99 287 .78 7 1.00 4 1.00 10 .70 16 .26 256 .85 222 .93 128 .87 14 .50 8 .70 5 .69 63 .51 149 .49 10 .34 6 .70 30 1.00 9 .70 36 .55 5 .98 2 1.00 46 1.00 10 1.00 15 1.00 37 1.00 Exhibit "B" City of Delray $each, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/02/08, 13:44:4E CONDOMINIUM RATES FOR TAX YEAR 2008 Page: 4 ------------------------------------------- Condominium ---------------- Units ------------------- ERUs ------------------------------------------ Southridge Village ---------------- 68 ------------------- .90 Southwinds 84 .69 Spanish River 81 .34 Spanish Trail 20 .59 Spanish Wells 240 .72 St Tropez 64 .43 Stor-all 12 .70 Sunset Pines 66 1.00 Tahiti Cove 18 .79 Talbot House III 4 .70 Three Fifty Five Building 7 1.00 Tierra Verde at Delray Beach 300 .84 Town & Country 148 .57 Tropic Bay 1-17 399 .61 . Tropic Harbor 222 .49 Tropic View 48 1.00 Twelve-O-Two 6 .58 Valhalla 8 1.00 Venetian Drive Townhouse 4 .70 Venetian Village 14 1.00 Verano At Delray 252 .42 Village at Swinton Square 100 1.00 Villas Delray 7 ,39 Vista Lago 14 .70 Wallace Drive Commerce 13 1.00 Waterview Apts. ~ 8 .67 Waterway East 22 1.00 Waterway North 15 .92 Wedgewood 6 .70 Weston Palms 4 .16 White Columns 3 1.00 Williamsburg Inn 12 .70 Windemere House 30 .63 Winston g _78 Woodbrooke 13 .66 Total condominium units 13,886 Average ERU/unit .75 197 Records processed -- End of Listing -- Exhibit "B" MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 10, 2008 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF JULY 15, 2008 ORDINANCE N0.28-08 ITEM BEFORE COMMISSION This item is before Commission fora Privately initiated amendments to the Land Development Regulations (LDR), by amending Section 2.2.6(D), "Duties, Powers, And Responsibilities"; Section 4.5.1(J), "Historic Preservation Board To Act On Variance Requests", to provide that appeals of decisions of the Historic Preservation Board regarding variances shall be to the City Commission. BACKGROUND At the first reading on July 1, 2008, the Commission passed Ordinance no. 28-08. Staff request postponement to August 5, 2008 due to the need for further advertising. The newspaper provided staff with an incorrect publishing deadline for this ordinance; the newspaper will run the ad at no charge. RECOMMENDATION Recommend postponement of Ordinance No. 28-08 to the August 5, 2008 Regular Commission Meeting. ORDINANCE NO. 28-08 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 2.2.6(D), "DUTIES, POWERS, AND RESPONSIBIL,TTIES"; SECTION 4.5.1(J), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS", TO PROVIDE THAT APPEALS OF DECISIONS OF THE HISTORIC PRESERVATION BOARD REGARDING VARIANCES SHALL BE TO THE CITY COMMISSION; 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 June 16, 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 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, 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(D), "Duties, Powers, and Responsibilities", 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) Duties, Powers, and Responsibilities: (1) Develop, maintain, 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, information, 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 possible 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 4.51(E)(8) with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, lot coverage, and square footage, and other criteria set forth in Section 4.5.1. (5) Make 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(B)]. Any meal from the a~roval or denial of a variance by the Historic Preservation Board shall be directly to the City Commission. (7) Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for historic sites and within historic districts. Such guidelines will be subject to review by the Site Plan Review and Appearance Board and 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 Review Board. 2 ORD. NO. 28-08 (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) Make 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. (ll) 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 property to further the purposes of historic and heritage conservation and preservation. (14) Make recommendations to the Commission, and by referral to the Planning and Zoning Board, 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. (17) Execute any other functions which may be approved by ordinance or resolution of the Commission. 3 ORD. NO. 28-08 (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. (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 3. That Section 4.51(J), "Historic Preservation Board to Act on Variance Requests", 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: (J) Historic Preservation Board to Act on Variance Requests: Pursuant to the powers granted in Section 22.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board may be guided by the following as an alternative to the criteria normally used by the Board of Adjustments. (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or of a historic district. (2) Or, as an alternative to subsection (J)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: 4 ORD. NO. 28-08 (a) A variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. (3)The Board shall otherwise follow all procedures and impose conditions as required of the Board of Adjustments when acting on a variance. Any appeal from the approval or denial of a variance by the Historic Preservation Board shall be directly to the City Commission. Section 4. 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 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 and any variances ruled upon by the Historic Preservation Board on or after January 1, 2008 shall be subject to the provisions of this Ordinance. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST MAYOR City Clerk First Reading Second Reading 5 ORD. NO. 28-08 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: June 26, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JULY 1, 2008 ORDINANCE N0.28-08 ITEM BEFORE COMMISSION The item before the City Commission is that of approval of a privately initiated amendment to LDR Sections 2.2.6(D)(6) and 4.5.1(J)(3), to specify that if the Historic Preservation Board (HPB) denies any variance request, the applicant and/or its agent may appeal such variance decision directly to the City Commission pursuant to the requirements of Section 2.4.7(E). BACKGROUND The subject LDR Amendment (Ordinance 28-08) has been privately-initiated in order to allow variances denied by the HPB to be appealed to the City Commission rather than the Circuit Court of Palm Beach County. The amendment would be retroactive to January 1, 2008. Variances heard by the HPB are applicable only to properties within the historic districts and those which are individually listed on the Local Register of Historic Places and are subject to different review criteria than variances reviewed by the Board of Adjustment (BOA). In addition, variances are often utilized as a way of encouraging the retention of historic structures and providing additional flexibility in historic areas of the City. Given the different standards, findings, and goals of variance requests between HPB and BOA, it is reasonable to treat appeals of these variances differently. Appeals of variances considered by the BOA are appealed to Circuit Court whereas this amendment requests the appeal of HPB variances to the City Commission. The proposed amendment language is currently limited to appeals by the applicant and/or agent and to those variances which have been denied. Staff suggests that all variances, approved or denied, be appealable by any applicant, agent, and/or aggrieved party to the City Commission as reflected in the attached staff version of the ordinance. The amendment also proposes retroactive language which would be applicable to those variances acted upon by the HPB since January 1, 2008. This would affect two development applications; one was approved for signage at the La France Apartments, and the other, a Class V Site Plan application, was denied. An appeal of that denial was submitted and the appeal is awaiting consideration of this amendment by the City Commission. It is noted that the aggrieved party (project applicant) who submitted the appeal is also the applicant of the subject amendments. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed the subject amendments at its meeting of June 5, 2008 where a recommendation of approval was made subject to the following: 1. That the language be revised to also include those variances approved by the HPB, and; 2. That the retroactive language be removed and the effective date occur upon second reading. The Planning and Zoning Board reviewed the subject amendments at its meeting of June 16, 2008 where a recommendation of approval was made subject to the revision that the amendment be applicable to all variances acted upon by the HPB, whether approved or denied, and including the retroactive language of January 1, 2008. RECOMMENDATION By motion, approve on first reading Ordinance 28-08 to amend Land Development Regulation Sections 2.2.6(D)(6) and 4.5.1(J)(3), allowing variances acted upon by the HPB to be appealed to the City Commission retroactive to January 1, 2008, with the recommended revisions that all variances acted upon by the HPB, whether approved or denied, be appealable to the City Commission by any applicant, agent, and/or aggrieved party. Second reading would be scheduled to occur on July 15, 2008. PLANNING AND ZOI~[ING BOARD MEMORANDUM STAFF REPO`RT- MEETING OF: JUNE 16, 20US ITEM: AMENDMENT TO LDR SECTIONS 2.2.6(D)(6) AND 4.5.1(J}{3), TO PERMIT APPEALS OlF VARIANCES DENIED BY THE HISTORIC PRESERVATION BOARD TO BE HEARD BY THE CITY COMMISSION. -- --_ ~17~M BEI`ORfc THEBOARD ~~~ The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated amendment to LDR Sections 2.2.6(D)(6} and 4.5.1(J)(3), to specify that if the HPB denies any variance request, the applicant and/or its agent may appeal such variance decision directly to the City Commission pursuant to the requirements of Section 2.4.7(E}. 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. = w__ BAGS-~RQ~J:hEE~:7 LDI~A-NIENDMI~NT DES-CR-~.PTION . The subject LDR Amendment (Ordinance 28-08) has been privately-initiated in order to allow variances denied by the HPB to be appealed to the City Commission rather than the Circuit Court of Palm Beach County. The amendment would be retroactive to January 1, 2008. Pursuant to LDR Section 2.2.6{D)(6), the Historic Preservation Board acts in lieu of the Board of Adjustment for variance requests related to property within the City's five (5) historic districts, as well as all Individually Listed properties. Appeals acted upon by bath the Board of Adjustment and the HPB are heard by the Circuit Court of Palm Beach County. Variances heard by the HPB are reviewed by criteria noted in LDR Section 4.5.1 (J) which takes into consideration the historic configuration of the land andlor the original development of the property (see Appendix A}. HPB variances are utilized as a planning tool to provide an incentive for development which encourages the rehabilitation and reuse of his#oric structures, while discouraging the demolition of historic structures and subsequent reconstruction. The differing review criteria was further emphasized when the City Commission considered revising the City's development fees as it was recommended that -the HPB variance application fees be significantly less than those charged for the Board of Adjustment, to encourage applicants to seek variances when appropriate. The amendment also includes language to apply it retroactively- to January 1, 2008. This amendment would affect two (2) applications containing variance requests which have been considered by the HPB since January 1, 2008. The first, located at 36 SE 1St Avenue, was heard by the HPB at its meeting of March 6, 2008 and requested approval of four (4} variances to the lot coverage, front setback, side street setback, and the' side interior setback. While Staff supported the project by recommending approval, the requests, along with the associated Class V Site Plan application, were denied by the HPB, citing a failure to make positive findings with the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. As a result, the Site Plan application has been appealed to the City Commission -and is expected to be heard at its regular meeting of August 5, 2008. Therefore, if the subject amendments are .approved by the City Commission, the aforementioned appeal will include the Planning and Zoning Board Staff Report Ordinance 28-08; LIAR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission variances associated with the 36 SE 1St Avenue Class V Site Plan application. The second, located at 140 NW 4t" Avenue, was heard by the HPB at its meeting of April 2, 2008, and requested approval of a variance pertaining to the signage type and location. The variance request was approved and the signage has been installed. As previously noted, the request specifies that those variances denied by the HPB would be appealed to the City Commission. However, Staff recommends that the language be more generic to include all variances, both approved and denied by the HPB. This recommendation is further explained within the analysis below. LDR AMENDMENT ~h-N~-LYS}S REQUIRED FINDINGS LDR Secfion 2.4.5(M)(5) (Findings): Pursuant fo LDR Secfion 2.4.5(M)(5) (Findings), in addition to LDR Section 7.?.fi(A), the Cify Commission must make a finding that the text amendmenf is consisfenf with and furthers fhe Goals, Objecfives and Policies of fhe 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. Fufure Land Use Elemenf Obiective A-4 The redevelopment of land and buildings steal! provide for the preservation of historic resources. The objective shall be met through continued adherence to fhe City's Historic Preservation Ordinance and fhe following policies: Future Land Use Policy A-4.T Prior to approva! ar recommending approval of arty land use or development application for property located within a historic district or designated as a historic site, fhe Hisforic Preservation Board must make a finding That fhe requested action is consistent with the provisions of Secfion 4.5.9 of the Land Development Regulations relating fo historic sites and districts and the "Delray Beach Design Guidelines': Fufure Land Use Policy A-4.2 In order to protect the City's historic resources, fhe Land Development Regulafions shall include provisions for designation of hisforically slgnifrcanf buildings, structures, archaeological sites, ar disfricts. The City shall conduct periodic neighborhood surveys to identify and evaluate patentia! historic resources. 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. Planning and Zoning Board Staff Repprt Ordinance 28-d8; LDR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission Housr"nq Elemenf Obiecfive A-90 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housin Elemenf Polic A-1Q.? This objective will be implemented in accordance with the standards and criteria of Section 4.5.9 of the Land Development Regulations, Historic Preservation Sites and Districts. The proposed amendments will continue to provide for the preservation of historic resources, as is currently provided and will continue to support the conservation and rehabilitation of historically significant housing. Whether or not a variance is appealed to the Circuit Court or to the City Commission will not be contrary to the Comprehensive Plan. Therefore, op sitive findings can_be made as the proposed LDR text amendments are consistent with and_further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use and Housing Elements, subject to conditions. ANALYSIS The subject LDR Amendments will allow the appeal of variances acted upon by the HPB to the City Commission, as opposed to the Circuit Court. Variances heard by the HPB are applicable only to properties within the historic districts and those which are individually listed on the Local Register of Historic Places. Subsequently, they are subject to different review criteria than those reviewed by the Board of Adjustment (see Appendix B). In addition, variances are afforded to the aforementioned property types as a way of encouraging the retention of historic structures and provide additional flexibility in older areas of the City. The proposed amendment specifies that those variances which have been denied may be appealed to the City Commission. Staff suggests that all variances be appealable to the City Commission, whether approved or denied, as there may be an aggrieved party in both situations. In addition, the amendment would be applicable to those variances acted upon by the HPB since January 1, 2DD8. As noted above, there have been two development applications which included variance requests, one of which was denied and an appeal was submitted to the City Commission. The appeal is awaiting consideration by the City Commission, and the subject amendments would apply to that project. `~ REVIE~~ T-MEt~~ - ; The Historic Preservation Board (HPB) reviewed the subject amendments at its meeting of June 5, 20D8 where a recommendation of approval was made subject to the following: 1. That the language be revised to also include those variances approved by the HPB, and; 2. That the added language in Section 5 which states "Any decisions made by the Historic Preservation Board on or after January 1, 2008 are subject to the provisions of this ordinance" be removed. =~~ `~~T_I<RNAT'N~E,ACTLOr .: __.. ~ ~. A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulation Sections 2.2.6(D)(6) and 4.5.1(J)(3), Ordinance 28-08, allowing variances acted upon by the HPB to be appealed to and heard. by the City Commission, by adopting the findings of fact and law contained in the staff report, and finding that the text Planning and Zoning Board Staff Report Ordinance 28-08; LDR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission 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 Regulation Sections 2.2.6{D)(6) and 4.5.~(J){3), Ordinance 28-08, allowing variances acted upon by the HPB to be appealed to and heard by the City Commission, by adopting the findings of fact and iaw 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}. Motio_n___to be phrased in the affirmative. See above. w ~ W Y ~ ~ ~, ~-- f2ECOMMENDED ACTION -- :~ - Recommend approval to the City Commission of the amendment to Land Development Regulation Sections 2.2.6(D)(6} and 4.5.1(J}(3), Ordinance 28-08, allowing variances acted upon by the HPB to be appealed to and heard by the City Commission, 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) subject to the revision that the amendment be applicable to all variances acted upon by the HPB, whether approved or denied. Attachments: • Appendix A ~-LDR Section 4.5.1 (J) • Appendix B -LDR Section 2.2.4(D} • LDR Amendment Request Letter and Backup - - - Planning and Zoning Board Staff Report Ordinance 28-08; LdR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission ~, ~A~ APPENDIX A - ~~,: ~`~:~ ~ ` ~" LDRSECTION 4.51"(J); ~- ~. (J) Historic Preservation Board to Act on Variance Re uests: Pursuant to the powers gran#ed in Section 2.2.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board may be guided by the following as an alternative to the criteria normally used by the Board of Adjustments. ('[} That a variance is necessary to maintain the historic character of property through demonstrating that: {a) A variance would not be contrary to the public interest, safety, or welfare. {b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the carne zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. {c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. {d} The variance requested is the minimum necessary to preserve the historic character of a historic site or of a historic district. (2) Or, as an alternative to subsection (J}('I ), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public in#erest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. {3)The Board shall otherwise follow all procedures and impose conditions as required of the Board of Adjust_m_ents. _ a - - ~ - ~- Planning and Zoning Board StafF Report Ordinance 28-08; LDR Amendment to Permit Variances Heard by the HPB to be Appealed to the City Commission APREN©lX B _. ~_ , t~DR_SEC~TIQ~Gl2~2x4(D~: =~ ~~ `_-~ ~- 2.2.4{D} Board of Adjustment Duties Powers and Res onsibilities: (1) The Board hereby has the authority to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Chief Building Official, with the exception of interpretations of use matters and other items specifically preempted or granted to others pursuant to these Land Development Regulations. (2) The Board, so long as its actions are in conformity with the terms of these Land Development Regulations may reverse or affirm, wholly or partly, or may modify the order, requirement, or decision, or determination appealed from and may make such order, requirements, decision, or determination as ought to be made, and to that end shall have powers of the Chief Building Official from whom the appeal is taken. (3) The Board has the authority to take action on duly fled appeals with respect to the action of the Chief Building Official concerning interpretation, administration, or enforcement of the following: (a) Building Code, Article 7.1, except Sections 7.1.5 through 7.1.7 (b) Electrical Code, Article 7.2 (c) Gas Code, Article 7.3 (d) Housing code, Article 7.4 (e} Mechanical Code, Article 7.5 (f) Plumbing code, Article 7.6 (g) Elimination ar Repair of Unsafe Buildings, Article 7.8 (h) Moving of Building, Article 7.10 (4) The Board hereby has the authority to grant variances and hear appeals from the provisions of: (a) The General Development Standards set forth in Section 4.3. (b) Regulations found in the Flood Damage Control Overlay District, Section 4.5.3. (c) The supplemental district regulations (Article 4.6) except where said authority is expressly prohibited or granted to others. (d) l=ire Prevention Codes, Chapter 96 of The City Code, per Section 96.06. (e) "District Regulations and Incentives" in Section I of the Beach Property Owners Design Manual for North Beach & Seagate Neighborhoods as set forth in Section 4.5.13. (5) The Board has the authority to grant variances to the Noise Code pursuant to City Cade Section 99.30. (6) The Board shall be prohibited from considering: (a) Use variances, (b) architectural elevations, (c) landscaping plans, (d) Variances for signs and signage, (e) Any variance action within a designated Historic Preservation District or upon a Historic Site, (f) Variances to height regulations. (7} Ta provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. (S} All decisions of the Board of Adjustment are final. Any person or persons, or any Board, Taxpayer, Department, Board, or Bureau of the City may aggrieve any decision of the Board of Adjustment and may seek review of such decision in the Circuit Caurt of Palm Beach County. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 11, 2008 SUBJECT: AGENDA ITEM 12.A, -REGULAR COMMISSION MEETING OF JULY 15, 2008 ORDINANCE 32-08 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 32-08 which is an amendment to the early retirement incentive in the General Employee's Pension Plan. BACKGROUND Last year, as a means to help reduce budgeted costs, the Commission amended the General Employee's Pension Plan to provide an additional incentive for early retirement. A number of employees retired and were not replaced. Others were replaced with new employees earning considerably less than the employee who retired. This year we are again seeking to make substantial budget cuts. I believe that it would help in making those cuts to again offer an early retirement incentive like we offered last year. That is the reason for bring this ordinance forward. Ordinance No. 32-08 amends Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan" by amending section 35.097, "Retirement Income; Basis, Amount and Payment", subsection (M), "Early Retirement Incentive", to provide an incentive of one additional year of credited service to those eligible employees who desire to retire on or before September 30, 2008. RECOMMENDATION Staff recommends approval of Ordinance 32-08 on first reading. ORDINANCE NO. 32-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING UP TO ONE ADDITIONAL YEAR OF CREDITED SERVICE FOR CERTAIN EMPLOYEES WHO ELECT TO TERMINATE CITY EMPLOYMENT AND RETIRE WITHIN A 60 DAY PERIOD SET BY THE CITY COMMISSION; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.097, "Retirement Income; Basis, Amount and Payment", subsection (M), "Early retirement Incentive", to read as follows: Sec. 35.097. RETIREMENT INCOME: BASIS_ AMOUNT AND PAYMENT. (M) Early Retirement Incentive. (1) Effective October 1, 2002, an early retirement incentive program shall be provided in accordance with this Section. The availability of the early retirement incentive in any plan year shall be determined by the City. The City shall provide all eligible employees with at least thirty (30) days advance notice that the early retirement incentive will be offered. The early retirement incentive program shall be voluntary for all eligible employees. (2) Employees who are one hundred (100) percent vested and within two (2) years of their earliest normal retirement date at the beginning of the plan year in which the early retirement incentive is offered shall be eligible for the early retirement incentive. In any plan year in which the early retirement incentive is offered, eligible employees shall be given an opportunity to elect the early retirement incentive within sixty (60) days following receipt of notice that the early retirement incentive is being offered. The employee's election shall be made in writing on a form provided by the City, and shall be irrevocable. (3) Eligible employees who elect the early retirement incentive shall have their retirement benefit calculated in accordance with Section 35.097(A), based on credited service and final monthly compensation as of the last day of employment. There shall be no actuarial reduction as defined in Section 35.097(B)(2). Employees who elect the early retirement incentive shall immediately retire and terminate City employment. (4) Effective September 1, 2007 through September 30, 2007, any eligible employee who elects the early retirement incentive and any employee age 58 or older who elects to terminate City employment and retire on or before September 30, 2007, shall receive up to one additional year of credited service, at no cost to the employee, for the purpose of calculating the employee's normal retirement income; provided, in no event shall any employee's credited service exceed 30 years. Effective in 2008 and once each year thereafter, the City Commission may determine and may allow in their sole discretion a 60 day period availability in which eligible employees who elect an early retirement incentive and any employee 58 or older who elects to terminate City Employment and retire on or before the expiration of the 60 day period to receive one additional year of credited service, at no cost to the employee, for the purpose of calculating the employees normal retirement income; provided in no event shall any employee's credited service exceed 30 years. An employee who elects to receive the early retirement incentive under this subsection cannot also participate in the Deferred Retirement Option Plan under Section 35.110. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. 2 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST: MAYOR City Clerk First Reading Second Reading MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: July 11, 2008 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JULY 15, 2008 ORDINANCE 31-08 ITEM BEFORE COMMISSION City Commission consideration of Ordinance No. 31-08 amending Chapter 51, "Garbage and Trash" of the Code of Ordinances, to include definitions and to establish requirements and provisions for granting non-exclusive franchises for construction and demolition debris roll-off container service. BACKGROUND At the regular meeting of July 1, 2008, the City Commission approved Amendment #3, which extended the franchise agreement between the City and Waste Management to provide for the collection of garbage, trash and recycling services, with a provision for anon-exclusive collection of construction and demolition (C&D) debris. The amendment extends the agreement another five (5) years effective October 1, 2008 through September 30, 2013. The amendments proposed for Chapter 51 provide for consistency with the revised franchise agreement. Staff has summarized, in this transmittal memorandum, the amendments under Section 51.45, which provide for the non-exclusive collections of C&D, performance standards governing such collections, the application process, the rates and fees for such service and the enforcement of these provisions. A summary of the non-exclusive collection procedures are as follows: . Provides for an application and requirements for approval, performance standards and the requirement to enter into a franchise agreement with the City. . Established the franchise period as one (1) year, expiring on September 30th of each year. Application for renewal is due on or before September 30tr' of each year. . Establishes franchise fees as: . $3,000 -Annual Franchise Fee - (may be pro-rated based on the date of the approved franchise agreement as described within the ordinance) . $1,000 -Application Fee . 10% of gross revenue from C&D collection to be paid monthly • Cash or Letter of Credit in the amount of $15,000 for the first year of the franchise issuance . $500 -Appeal Fee for the denial of an application or renewal franchise agreement . Monthly and Annual filing requirements . Audit Requirements RECOMMENDATION Staff is recommending City Commission approval of Ordinance 31-08 on first reading. ORDINANCE NO. 31-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES BY AMENDING SECTION 51.01, "DEFINITIONS", SECTION 51.15, "REFUSE COLLECTION RESERVED EXCLUSNELY IN CITY OR ITS CONTRACTORS", SECTION 51.16, "EXCEPTIONS IN CERTAIN AREAS AND FOR CERTAIN TYPES OF COLLECTION SERVICES", SECTION 51.19, "INDUSTRIAL AND HAZARDOUS WASTE DISPOSAL", SECTION 51.20, "BUILDING MATERIALS", SECTION 51.35, "CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", SECTION 51.37, "USE OF OTHER UNITS AND CONTAINERS", TO CLARIFY CERTAIN DEFINITIONS AND TERMS REGARDING RECYCLING AND ROLL-OFF CONTAINERS TO PROVIDE THAT THEY ARE CONSISTENT WITH STATE LAW AND THE CITY'S FRANCHISE AGREEMENT; AMENDING SECTION 51.45, "CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR THE NON-EXCLUSNE COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS AND TO PROVIDE FOR REGULATIONS GOVERNING SUCH COLLECTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has an exclusive franchise agreement with Waste Management for the collection of solid waste in the City; and WHEREAS, the City desires to amend certain sections of the City's ordinances in order to provide for consistency with the franchise agreement; and WHEREAS, the City grants non-exclusive franchises for the collection, by roll- off containers, of construction and demolition debris; and WHEREAS, the City desires to include definitions, and to establish requirements for, and provisions for granting, non-exclusive franchises for construction and demolition debris roll-off container service; and WHEREAS, the City desires to provide regulations for pre-collection, collection and disposition of construction and demolition debris in roll-off containers and to establish rates and fees for such service, and to provide for enforcement of such provisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 51, "Garbage and Trash", is amended by amending subsection 51.01, "Definitions", to read as follows: Sec. 51.01. DEFINITIONS. To the extent the definitions contained herein conflict with similar definitions contained in any Federal, State or local law, the definition herein shall prevail. Biohazardous or biomedical wastes shall mean any solid waste or liquid waste which may cause disease or reasonably be suspected of harboring pathogenic organisms, included [including], but not limited to, waste resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. Biological waste. Solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. Bulk trash. Any nonvegetative item which cannot be containerized, bagged or bundled including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household goods, furniture, large boxes, barrels and crates, and shall not be commingled with vegetative waste or any other type of refuse. C&D Debris Service Provider. Shall mean a licensed company authorized by the City to remove construction and demolition debris. City. The City of Delray Beach, Florida, or the City's authorized agents or contractors. City Manager. The City Manager of the City of Delray Beach or his/her designee. Collection: The process whereby solid waste, garbage, trash, bulk trash, vegetative waste or recyclable material is removed and transported to a designated facility. Commercial trash. Any and all accumulations of paper, rags, excelsior or other packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other business places. Commercial trash shall include furniture if properly containerized. Commercial trash shall not include special waste. Construction and demolition debris. Materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a structure ~ r~~ °~ ~ ~~*„~°*~°~ °r ''°m°'~*~°~ r °°*. Mixing of a de minimis amount of waste other than C&D debris from a construction site will not exclude such mixed solid waste from classification as C&D debris under this definition. Contract Administrator. Shall mean the person designated by the City who shall act as the City's representative under this ordinance. Contractor or vendor. ~ .Waste Mana e~ ment Inc. of Florida Department The Florida Department of Environmental Protection. Designated facility. A disposal processing, recovery, recycling or transfer facility designated by the Solid Waste Authority or the City Manager. Disposal costs. The "tipping fees" or landfill costs charged to the Contractor by others for disposal of the waste collected by the Contractor. Dwelling unit. One or more rooms connected together, designated to be occupied by one family, constituting a separate, independent housekeeping establishment and physically separated from any other dwelling unit which may be in the same structure and which contains independent sanitation, living, cooking and sleeping facilities. Garbage. All putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Garbage shall not include any material that falls within the definition of special waste. Garbage receptacle. Any commonly available light-gauge steel, plastic or galvanized receptacle of a nonabsorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Garbage receptacles or waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in weight. Rollout containers provided by the City may be thirty-two (32), sixty-eight (68), or ninety-five-gallon-size containers. Hazardous waste. Solid waste as defined by the State of Florida Department of Environmental Regulation [Protection] as a hazardous waste in the State of Florida Administrative Code, or by any future legislative action or by Federal, State or local law. > > Litter. See Chapter 98 of the Code of Ordinances of the City of Delray Beach. Loading and unloading area. Any loading or unloading space or area used by any moving vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and persons. Loose refuse. Any refuse, either garbage or household trash, stored in and collected from any type of container other than a mechanical container or garbage receptacle related to multiple-family dwellings or the designated facility. Refuse that is collected from the ground is considered loose refuse. Mechanical container. Any detachable metal or plastic container designed or intended to be mechanically dumped into aloader-packer type of garbage truck used by the contractor and includes any motorized or electrical compactor of ten (10) yards capacity or less. Mechanical containers may be constructed of plastic. Further, all mechanical containers must be uniform in color, have closeable lids, and be free of any advertising or other information other than an eight and one-half (8 1/2) by eleven-inch sticker with the name, address and telephone number of the Contractor. Multiple dwelling units. Any building containing five (5) or more permanent living units, not including motels and hotels. Parking lots. Commercial and public lots designed for the parking of any vehicles with the exception of residential parking. Person. Any natural person, owner, agent, corporation, partnership, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or representative or group of individuals or entities of any kind. Premises. Lots, sidewalks, alleys, rights-of--way, grass strips, and curbs up to the edge of the pavement of any public thoroughfare. Private property. Property owned by any person as defined in this Section, including, but not limited to, yards, grounds, driveways, entrance or passageways, parking areas, storage areas, vacant land, or body of water. For the purpose of this Chapter, "private property" owners are required to maintain rights-of--way up to the edge of the pavement of any public thoroughfare. Public property. Any area that is used or held out to be used by the public, whether owned or operated by a public interest, including, but not limited to, highways, streets, alleys, parks, recreation areas, sidewalks, grass strips, medians, curbs, or rights-of--way up to the edge of the pavement of any public thoroughfare or body of water. Recyclable materials. ~Te~zsp-~e~s--(~r~^'~~~e~t°`~~~^~~~° ~'' ~~eg~ > > > > ~~~°*° °*r°~m. Shall be the same as defined in Chapter 403 of the Florida Statutes. Recycling. oe~,~=~nEk~"~st .,~o,-;.,i~ .,,~,;,.~, „~~,o,-.,,;~o ~.o,.,,,,,o ~„i;,a > > r-a~~te~ic~ Shall be the same as defined in Chapter 403 of the Florida Statutes. Refuse. Commercial trash, household trash and garbage or a combination of mixture of commercial trash, household trash and garbage, including paper, glass, metal and other discarded matter, excluding commercial recyclable materials. Residential do-it yourself projects. Minor residential repairs done exclusively by the homeowner. Residential service. The refuse, recycling and vegetative waste collection service provided to persons occupying residential dwelling units within the City who are not receiving commercial or multifamily services. This would include single-family homes, duplexes, triplexes, quadplexes and mobile homes. Roll-off collection service. . Roll-off collection service shall ~e mean the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use open top roll-off containers for horticultural or agricultural waste, and horticultural and agricultural waste shall not include any other type of waste, including, but not limited to, special waste, garbage or recyclable materials. Roll-out carts. Carts that are either athirty-two (32), sixty-eight (68), or ninety-five- gallon (approximate) wheeled container of a type approved by the City Manager or his designee, and shall be equipped with wheels and a lid. Sludge. The accumulated solids, residues and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. Special waste. Solid or liquid wastes that require special handling and management, which are not accepted at a landfill or other disposal facility or which are accepted at a landfill or other disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires, automobiles, boats internal combustion engines, nonautomobile tires, sludge, dead animals, septic tank waste, hazardous waste, used oil, lead-acid batteries, and biohazardous or biomedical wastes. Trash. All refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, but shall not include vegetative waste. Vegetative waste. Any vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. All grass clippings, leaves, pine needles, and similar small loose items must be bagged or containerized. Vegetative waste, except palm fronds, must be no more than six (6) feet in length and no single item shall weigh more than fifty (50) pounds. Natural Christmas trees shall be considered vegetative waste and will be collected if they are not more than eight (8) feet in length and weight less than fifty (50) pounds. Vegetative waste does not include any form of matter or debris resulting from land clearing or land development. Section 2. That Chapter 51, "Garbage and Trash", is amended by amending subsection 51.15, "Refuse Collection Reserved Exclusively in City or its Contractors", to read as follows: Sec. 51.15. REFUSE COLLECTION RESERVED EXCLUSIVELY IN CITY OR ITS CONTRACTORS. The governmental function of collection, removal and disposition of all roll-off containers, excluding roll-off containers used for construction and demolition debris, and refuse within the municipal limits of the City is exclusively vested in the municipal government of the City or its contractors, and all other individuals, persons, firms or corporations are specifically and expressly prohibited from engaging in that practice or business within the corporate limits of the City and from utilizing the publicly dedicated streets, alleys and other thoroughfares for those purposes Section 3. That Chapter 51, "Garbage and Trash", is amended by deleting subsection 51.16, "Exceptions in Certain Areas and for Certain Types of Collection Services": C ~1 1 ~ Ti ~Z !`Ti DTTn~TC T1~T !` Ti DT A T1~T A DTi A C A 1~TT1 T i nD !`Ti DT A T1~T TVDTi C nTi ~ ~ ~ T i~ r i3 -= ~t ~•,1 .,~ ~l,o !`;~~, l~iT .,,,., - i t~ i t r '-+ ` ~('X~ r cr~ dP 2 gcr r('X cc r c2~ 6 6~ z c p > > > > > > > > > Section 4. That Chapter 51, "Garbage and Trash", is amended by amending subsection 51.19, "Industrial and Hazardous Waste Disposal", to read as follows: Sec. 51.19. HAZARDOUS WASTE DISPOSAL. (A) Any persons, businesses or other entities generating :,,,a„°*ri~' ~r~' hazardous wastes shall not be served in the normal manner set forth in this Chapter. All ~~~'~~~*r~~' ~~~' hazardous wastes may be collected by the City or its contractor if both the owner and the City~ree ~~ However, this shall not preclude another qualified ~~~'~~~ hazardous waste disposal company from collecting the ~~~'~~ hazardous waste. > > Section 5. That Chapter 51, "Garbage and Trash", is amended by amending subsection 51.20, "Building Materials", to read as follows: Sec. 51.20. BUILDING MATERIALS. (A) Building materials originating prior to, during, or subsequent to the construction of new buildings, alterations or additions to existing buildings of whatsoever type or from demolition of existing structures will not be collected under the City's residential service. Removal of these building materials is the responsibility of the building contractor or installer and if a roll-off container is used it must be obtained in accordance with Section 51.45 of the Code of Ordinances. (B) Building materials resulting from minor homeowner repairs (residential do-it- yourself projects) which meet the requirements for trash collection must be bundled, bagged or boxed and will be collected at curbside. Discarded lumber pieces must be no longer than four (4) feet without nails. Larger materials may be picked up by special request at an additional charge from the contractor. Section 6. That Chapter 51, "Garbage and Trash", is amended by amending subsection 51.35, "Containers Required for Residential and Commercial Sites", to read as follows: Sec. 51.35. CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES. Except as otherwise provided for herein or due to the type of garbage and trash service designated by the City for the subject property, the owner of any real property in or from which litter is accumulated or produced must provide suitable receptacles and containers. These containers must be kept in an accessible location for collection and must be capable of holding all waste materials which would ordinarily accumulate between the times of successive collections. All containers and receptacles as required shall be of safe construction and design and shall be maintained in good serviceable condition at all times. Any receptacles or containers which do not conform to the provisions of this Chapter, or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof or the public generally, shall be promptly replaced upon notice. The City Manager, or his/her desi'~nee, shall determine the quantity and location of receptacles and determine whether the receptacles and containers are serviceable. Section 7. That Chapter 51, "Garbage and Trash", is amended by deleting subsection 51.37, "Use of Other Units and Containers": ~eE-5~~?. Trc~ n~ n~ru~n Tr~r T~rc ~ ~m rn~r~r ~ T~r~nc. > > . . > > Section 8. That Chapter 51, "Garbage and Trash", is amended by amending subsection 51.45, "Construction and Demolition Sites", to read as follows: Sec. 51.45. CONSTRUCTION AND DEMOLITION SITES AND COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS. It shall be unlawful for any construction or demolition contractor to fail to provide onsite suitable receptacles, bulk containers or detachable containers for loose debris, paper, building material waste, scrap building material and other trash produced by those working on the site. All material shall be containerized by the end of each day, and the site shall be kept in a reasonably clean and litter-free condition. The number of receptacles, bulk containers or detachable containers shall be determined by the City Manager or his/her designee. Construction sites shall be kept reasonably clean and orderly at all times. When roll-off containers are used it shall be in accordance with Subsection (Bl of this Section. *'~~~~ ~'~~" '~~ ~'~*~~~~~' ~ ~~ *'~~ r:*~~'~ r~~*r~~*~r e ..---- °-------- ..__-- --------_-- -----r°--~ r---- -- ---- -------~- °°-- -- ----- --°---°----~ ---- __ ___- ~aY_________. Enga~in~ in business of Construction and Demolition (C&D) debris collection and disposal; issuance of non-exclusive franchise agreement to C&D Debris Service Providers. (1) No person, firm or corporation shall place and/or service roll-off containers for the collection and transport of C&D debris in the City without first applyin~ for and receiving a non-exclusive franchise from the City to carry on such a business. The non- exclusive franchise required by this section shall be in addition to any business tax and other license(s) which otherwise may be required by law. (2) It shall be unlawful for any C&D Debris Service Provider to provide roll off container service to any~roperty located within the corporate limits of the City except between the hours of 6:00 a.m. to 6:00 p.m. Monday -Friday, and 7:00 a.m. to 6:00 p.m. on Saturday. (3) No franchise granted pursuant to this section shall be deemed the property of the holder thereof. (4) The City reserves the power to revoke all franchises granted pursuant to this section, to change or limit the rights granted or to otherwise modify such franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking of a property, or an impairment of contract or right of any franchisee. It is the express intention of this section to reserve unto the City the power, in its sole discretion, to alter the methods of C&D debris collection and disposal employed in the City, and the manner in which C&D debris services may be provided within the Cites (5) The franchise(s) shall be granted only after the applicant for the franchise has filed with the Community Improvement Department an application and such other documentation as may reasonably be required to establish that the applicant meets all of the requirements delineated in this section. (6) Franchise period. No franchise shall be issued for more than 1 year, and all franchises shall expire on September 30 of each year. Application for renewal is required on or before September 30. (7) Franchise fees. For each franchise granted on or between October 1 and March 31 of anyyear, the full franchise fee as specified herein, for one year shall be paid. For each franchise granted on or between April 1 and June 30, one-half of the full fee for one year shall be paid. For each franchise granted on or between July 1 and September 30, one-fourth of the full amount for one year shall be paid. Upon payment of the applicable fee and approval of the application for a franchise (or renewal), the City will enter into a franchise agreement, in a form acceptable to the City, which franchise shall expire at the end of the period for which such franchise is granted as hereinabove specified. It shall be no defense of nonpayment of the franchise fee that a franchisee has not received any bill or notice from the City. The franchise fees are as follows: Annual Permit Fee - $3000.00 Application Fee - $1000.00 Franchise Activity Fee - 10% of dross revenue from C&D collection (to be paid monthl (8) A~lications for anon-exclusive franchise (or renewal) shall be made to the City upon such form and in such manner as shall be prescribed by the Community Improvement Director to elicit the following information and to be accompanied by su~portin~ documents and such other information as may be required by the City_ a. Name of applicant. If the applicant is a legal entity, the names and business addresses of the principal officers and stockholders and other persons having any financial or controlling interest in the partnership or corporation; provided, however, that if the corporation is a publicly owned corporation having more than 25 shareholders, then only the names and business addresses of the local managing officers shall be reauired. b. Qualifications of a~licant. The applicant for a franchise under this section, if an individual, or in the case of a legal entity, any person having any financial, controlling or managerial interest therein, shall provide the following information, which shall be the submitted by the applicant: Performance history. The names and telebhone numbers of the contact persons in other communities or agencies who can provide information about the applicant s past performance. ii. Business history. Whether such applicant has operated a C&D debris roll off container service business under a franchise, permit or license, and if so, where, when, and whether such franchise, permit or license has ever been revoked or suspended and the reasons therefor. iii. Existence of business entity. If the a~licant is a legal entity, a~licant shall submit proof of good standing in the state of organization and, if a foreign legal entity, applicant shall provide information certifyin tg hat a~licant is qualified to do business in the State of Florida. If applicant is operating under a fictitious name, applicant shall be required to submit information that such fictitious name is registered and held by applicant. c. Equipment and method of operation. The applicant for a franchise shall possess equipment capable of providing safe and efficient service. In making such a determination and a~provin~ the method of operation for each applicant, the City shall require the following information: i. The type, description, and estimated number of all equipment to be used by the a~licant for providing service. The number of employees to be used in providing services. iii. A sworn and notarized statement that the a~licant will use only disposal sites approved by the appropriate County/State/Federal re~,ulatory agencies for disposing of all C&D debris. d. Insurance and bonding requirements. i. The applicant for a franchise shall be required to maintain at all times, and provide a~ropriate certificates of insurance to the City for, a commercial eg neral liability insurance policy to cover liability for damages because of bodily injury to any person or persons, and to cover liability damage of property of any_person arising from of in connection with C&D debris roll-off container service within the City in the amounts as follows: Worker's Compensation Insurance: Worker's Compensation coverage must be maintained in accordance with statutory requirements as well as Employer's Liability Coverage in an amount not less than $100,000.00 per each accident, $100,000.00 by disease and $500,000.00 ag~re by disease. Liability Insurance: The applicant shall, during the term of this Agreement, and any extensions hereof maintain in full force and effect commercial general liability insurance policy and automobile liability insurance policy, which specifically covers all exposures incident to the applicant's operations under this contract. Such insurance shall be with a compan~ptable to the City and each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit for personal bodilyjury, including death, and property damage liability and the general liability shall include but not be limited to coverage for Premises/Operations, Products/Completed Operations, Contractual, to support the applicant's agreement or indemnitX and Fire Leal Liability. In addition to the above liability limits, the applicant shall maintain a $5,000,000.00 umbrella and/or excess liability coverage. Policy~ies) shall be endorsed to show the City, a municipal corporation in the State of Florida, as an additional insured as its interests may appear: and shall also provide that insurance shall not be canceled, limited or non-renewed until after thirty (30) days' written notice has been liven to the City. Current certificates of insurance evidencing required coverage must be on file with the City at all times. ii. Cash or a letter of credit in an amount of $15,000.00 for the first year of the franchise issuance. In subsequent years the amount shall be equal to the applicant s previous 12-month franchise fee(s) paid to the City or $15,000.00, whichever is red ater, as security for any fee(s) due to the City under the franchise agreement(s) conditioned upon the compliance of the terms of this section in such form as acceptable to the City Attorney. e. Application form. Each application for a franchise (or renewal) shall be made on a standard form promul ate ed by the Community Improvement Department and shall include an affirmation that the applicant shall comply with the requirements of this section and any agreements entered into between the City and the applicant. (9) Review and issuance. The completed application along with the appropriate fee s) shall be submitted to the City. Upon receipt of a completed application and fee(s), the Community Improvement Director shall provide for the review of said application and the City shall either grant or deny the application or renewal (10) Denial of application. The City shall have the discretion to deny any application for anon-exclusive franchise (or renewal) under any of the following circumstances: a. Failure to combly with any of the reauirements of this section and/or an agreements thereto; b. Evidence that the applicants franchise with the City was previously terminated within 5 years prior to the date of the a~lication; c. Evidence that the applicant previously operated a C&D debris roll off container service in the City without holding a valid franchise after the effective date of this section; or d. A finding that the a~licant lacks sufficient experience, equipment, staff, or disposal plan to safely comply with the requirements of this section and/or the franchise agreement. In the event the Community Improvement Director denies an application for a franchise, the a~licant shall be notified, by certified mail, of the denial and the reasons for the denial. (ll) Appeal from the Community Improvement Director of the denial of a franchise or renewal a. The denial of a franchise (or renewal) by the Community Improvement Director may be appealed to the City Manager. The applicant shall pay the appeal fee of five hundred ($500.00) dollars and the meal shall be filed in writing with the City Manager no later than 14 days after the mailing of the certified letter advising the applicant of the denial. The Citv Manager shall either affirm the decision of the Communi Improvement Director or issue the franchise (or renewal). A decision of the City Manager to affirm the decision of the Community Improvement Director shall be final. (12) Identification of equipment. All equipment utilized to collect and transport C&D debris in the City must be conspicuously marked on both sides of the automotive unit with the name of the franchisee, and roll-off containers shall be conspicuously marked with the name of the franchisee, tare weight and cubic yard capacity. All markings must be in letters and numerals at least two inches in height. All containers shall display the City's franchise sticker provided by the City at the issuance of a franchise. This sticker shall be in a position to be seen from the abutting street at all times. (13) Placement and maintenance of containers. Roll off containers may only be placed, or allowed to remain, on a property for which a buildingpermit has been issued, has not expired, and otherwise remains in full force and effect. Roll off containers shall not be placed in the public right-of--way. Equipment and other franchisee property shall be maintained, and all operations shall be conducted, in compliance with Chapter 51 of the Code of Ordinances. The City, in its discretion, may require a change in the location of, or replacement of, a container if it becomes an unsightly nuisance, causes a code violation to occur, poses a threat to the surrounding environment, threatens the health and/or safety of the City's population, or becomes unsanitary and/or inoperable. (14) Information required of franchisees. a. Monthly filings. Within ten days from the first day of each month, franchisees shall deliver to the City a true and correct monthly report of dross receipts generated during the previous month from accounts within the City. This detailed monthly report shall include the customer names. service addresses. account numbers and the actual amount billed to each customer. b. Annual filings. Franchisees shall, on or before November 1 of ever~year, upon request, deliver to the City a statement reflecting annual dross receipts generated from accounts within the corporate limits of the City, compiled by an independent certified public accountant, for the preceding October 1 through September 30. This report shall include the customer names service addresses, account numbers and the actual amount billed to each customer. c. Audit of records. By acceptance of a franchise and in consideration of the receipt thereof, the franchisee shall make available, within three business days after notice, all records of the franchisee which pertain to any container placed within the City, including but not limited to contracts, trip tickets, invoices, state and federal tax returns, and any documents su~portin~ the information compiled within the supplemental filings required by subsections (a) and (b) above, for inspection and auditing by the City. This information shall include, but not be limited to, copies of the following. billin rg ates, billing amounts, and accounts receivable. Additionally, the City's auditors may communicate directly with customers of the franchisee for the purpose of confirming compliance with this section. In the event any audit reveals that a franchisee has failed to pay the full franchise fee, the franchisee shall pay a franchise fee of three (3) times the original amount due. Additionally, the franchisee shall reimburse the City for all expenses incurred by the City pursuant to this paragraph, including audit costs, court costs, and reasonable attorneys' fees. d. Change in required information. Each franchisee shall file any change in information which is required to be submitted to the City by filing the changed information with the Community Improvement Director. (15) Any and all solid waste material collected by a franchisee within the City shall be disposed of only at disposal sites approved by the appropriate County/State/Federal re~ulatory agencies. (16) All franchisees shall comply with the provisions of this section. The City may use the reports required in this section and other information available to determine compliance of franchisees. (17) All franchises shall pay a monthly non-exclusive franchise activity fee as specified by this section based on a percentage of the franchisee's total dross revenue for the preceding month for all charges for service, including charges for furnishing containers, disposal costs and charges for transport of containers. (18) Revocation and suspension of non-exclusive franchise. The Community Improvement Director may, in his/her discretion, revoke or suspend anon-exclusive franchise pursuant to the following: a. The Community Improvement Director shall provide the franchisee with written notice reasonably specifying the reason(s) for the proposed revocation or suspension of the franchise, and the franchisee shall be afforded five business days to cure the violation stated in such notice. b. The violation of any of the provisions of this section and/or of any agreement between the City and franchisee shall be cause for revocation or suspension of a franchise. c. In the event the franchisee fails to cure the violation within five business days, the Community Improvement Director may revoke or suspend a franchise and may immediately declare such franchise null and void, and upon such revocation or suspension, franchisee shall immediately cease all operations, and shall be considered to have forfeited said franchise and any ri ht~ s acquired thereunder. The franchisee shall remove all C&D debris roll-off containers within ten business days after the mailing of notice of revocation or suspension. In the event all C&D debris roll-off containers are not removed within ten business days after the mailing of notice of revocation or suspension, (i) the cash or letter of credit funds posted pursuant to this section shall be forfeited; and (ii) the City shall order the property owner or general contractor to remove same within 5 business days. In the event the property owner or the general contractor fails to remove same within 5 business days, such failure shall constitute a violation of this section. (19) Appeal from the Community Improvement Director of the revocation or suspension of franchise. a. The revocation or suspension of a franchise by the Community Improvement Director may be appealed to the City Manager. The applicant shall pay an meal fee of five hundred ($500.00) dollars and the appeal shall be filed in writing with the City Manager no later than 14 days after the mailing of the certified letter advising the applicant of the revocation or suspension. b. The City Manager shall either affirm the decision of the Community Improvement Director or direct the Community Improvment Director to reinstate the franchise. The decision of the City Manager shall be final. 20 No Assignment or Transfer. No applicant shall be allowed to assign or transfer anon-exclusive franchise permit to collect C&D in the City without first obtaining the Citd s written consent. (21) Violation. a. Persons with an interest in property. It shall be a violation for any person to permit collection of C&D debris by any non-franchised C&D debris service providers from any barcel of land owned or leased bv_ or in the control of such Berson . b. General contractors. It shall be a violation for any general contractor to permit collection of C&D debris by any non-franchised C&D debris service providers from any_parcel of land which the general contractor holds a building permit. Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 11. That this ordinance shall become effective on October 1, 2008. 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 City of Delray Beach Community Improvement Department Construction & Demolition Roll-Off Services Franchise Application Annlicant Information: Name Address City/State/Zip Code Phone Numbers Contact Name To the Applicant: The following information checklist is provided to assist you in preparing your application for a non-exclusive franchise to provide containers for construction and demolition debris collection and disposal services to properties located in the City of Delray Beach. Please provide the required information identified in this checklist as an attachment to the franchise application. Franchise Application Requirement And Requirement Checklist 0 1. Name(s) and business address(es) of principal officers and stockholders and other persons having financial or controlling interest in any partnership or corporation; 0 2. Name(s) and business address(es) of local managing officers of any publicly-owned corporation having more than 25 shareholders; 0 3. Proof that corporation is in good standing in the State, and if not a Florida corporation, proof that applicant is qualified to do business in the State of Florida; 0 4. If applicant is other than a corporation, and is operating under a fictitious name, applicant shall be required to submit information that such fictitious name is registered and held by applicant; 0 5. List of type, number and complete description of all equipment to be used by applicant for providing safe and efficient services; 0 6. Applicant shall maintain in full force and effect insurance as specified, and filed with the City a certificate of insurance for all policies written in applicant's name, to remain on file with the City for the franchise term to include: ^ Liability Insurance: Commercial general liability insurance policy and automobile liability insurance policy, covering all exposures incident to the applicant's operations under franchise, acceptable to the City and each policy shall be in an amount of not less than $1,000,000.00 as defined within the ordinance. ^ The applicant shall maintain a $5,000,000.00 umbrella and/or excess liability coverage. Policy(ies) shall be endorsed to show the City, a municipal corporation in the State of Florida, as an additional insured. ^ Workers compensation as required by statutory requirements and Employer's Liability Coverage not less than $100,000 per each accident, $100,000 by disease and $500,000 aggregate by disease. 0 7. Applicant shall include cash, letter of credit, or a Performance Bond in the amount of $15,000 for the lgt year of the franchise issuance. In subsequent years, the amount shall be equal to the previous 12-month franchise fees paid to the City, whichever is greater. 0 8. Applicant shall pay the City anon-refundable application fee and a Full Franchise Annual Fee as specified in the User Fees Schedule-Delray Beach Municipal Facilities and Services schedule. (Attachment A) 0 9. Indicate how many City Franchise stickers will be needed. Definitions: 1. Applicant a person or corporation applying to the City of Delray Beach for anon-exclusive franchise to provide construction and demolition roll-off containers and/or collect construction and demolition debris within the City for hire, remuneration or other consideration. 2. Franchise: person or corporation to whom the City has issued anon-exclusive franchise to provide roll-off containers for construction and demolition services and/or to provide construction and demolition debris collection and disposal services to properties in the City. 2 City of Delray Beach Community Improvement Department Construction & Demolition Roll-Off Services Franchise Application Applicant agrees to comply with all applicable provisions of the City of Delray Beach, Florida, Code of Ordinances Chapter 51, Section 51-45 as may be amended. Applicant Name (print or type) Applicant Signature Application Submission Date Application Received By Date Application Fee Received By Check Number Check Date Approved City Manager/Designee Signature Date 3 City of Delray Beach Community Improvement Department Construction & Demolition Roll-Off Services Franchise Application AFFIDAVIT ACKNOWLEDGMENT OF BUSINESS TYPE The below-named person, as applicant or legal representative for applicant, does hereby certify that all required information has been attached to the application and becomes a part thereof. Applicant or applicant's legal representative agrees that applicant will comply with all provisions of the City of Delray Beach Code of Ordinances, the laws, rules, ordinances and regulations of Palm Beach County, the State of Florida and the United States of America. BUSINESS ADDRESS OF APPLICANT: Address City Telephone No. Federal ID No. State Zip Code Fax No. SIGNATURE OF APPLICANT: If an Individual: as by: doing business If a Partnership: General Partner Signature If a Corporation: (a by: Signature Title: Attest: Corporate Secretary NOTARY PUBLIC: (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this date of 2008, by (who are) personally known to me or who has produced as identification and who did (did not) take an oath. NOTARY PUBLIC SIGNATURE: NOTARY NAME, PRINTED, TYPED OR STAMPED Commission Number: My Commission Expires Signature Corporate Name Corporation) who is 4 CITY OF DELRAY BEACH Monthly Franchise Report Y For the month of , 2008 Customer Name Service Address Gross Revenue Franchise Fee