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10-21-08 Agenda Reg
ëØÖÈÑÜË úÎÐÐÔÊÊÔÎÏ ðØØÉÔÏÖ ëèñøê ÷îë íèûñôú íüëéôúôíüéôîï éÈØÊÙÜÄ îÚÉÎÛØË íèûñôú úîððøïé éÕØ ÍÈÛÑÔÚ ÔÊ ØÏÚÎÈËÜÖØÙ ÉÎ Î××ØË ÚÎÐÐØÏÉÊ ÆÔÉÕ ÉÕØ ÎËÙØË Î× ÍËØÊØÏÉÜÉÔÎÏ ÛØÔÏÖ ÜÊ ×ÎÑÑÎÆÊ úÔÉÄ êÉÜ×× ëØÖÈÑÜË ðØØÉÔÏÖ ÍÐ ÍÈÛÑÔÚ ÚÎÐÐØÏÉÊ úÎÐÐÔÊÊÔÎÏ ÙÔÊÚÈÊÊÔÎÏ ÜÏÙ Î××ÔÚÔÜÑ ÜÚÉÔÎÏ úÔÉÄ íÈÛÑÔÚ õØÜËÔÏÖÊ ÍÐ úÎÐÐÔÊÊÔÎÏ ÐØØÉÔÏÖÊ ÜËØ ÛÈÊÔÏØÊÊ ÐØØÉÔÏÖÊ ÜÏÙ ÉÕØ ËÔÖÕÉ ÉÎ ÑÔÐÔÉ ùØÑËÜÄ ûØÜÚÕ úÔÉÄ õÜÑÑöØÏØËÜÑÑÄ ËØÐÜËÒÊ ÛÄ ÜÏ ÙÔÊÚÈÊÊÔÎÏ ËØÊÉÊ ÆÔÉÕ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÔÏÙÔÇÔÙÈÜÑ ÆÔÑÑ ÛØ ÑÔÐÔÉØÙ ÉÎ ÉÕËØØ ÐÔÏÈÉØÊ ÎË ÑØÊÊ éÕØ ðÜÄÎË ÎË ÍËØÊÔÙÔÏÖ Î××ÔÚØË ÕÜÊ ÙÔÊÚËØÉÔÎÏ ÉÎ ÜÙÓÈÊÉ ÉÕØ ÜÐÎÈÏÉ Î× ÉÔÐØ ÜÑÑÎÚÜÉØÙ ü íÈÛÑÔÚ õØÜËÔÏÖÊ üÏÄ ÚÔÉÔÃØÏ ÔÊ ØÏÉÔÉÑØÙ ÉÎ ÊÍØÜÒ ÎÏ ÔÉØÐÊ ÈÏÙØË ÉÕÔÊ ÊØÚÉÔÎÏ û úÎÐÐØÏÉÊ ÜÏÙ ôÏÌÈÔËÔØÊ ÎÏ ïÎÏüÖØÏÙÜ ôÉØÐÊ ×ËÎÐ ÉÕØ íÈÛÑÔÚ üÏÄ ÚÔÉÔÃØÏ ÔÊ ØÏÉÔÉÑØÙ ÉÎ ÛØ ÕØÜËÙ ÚÎÏÚØËÏÔÏÖ ÜÏÄ ÐÜÉÉØË ÆÔÉÕÔÏ ÉÕØ ÊÚÎÍØ Î× ÓÈËÔÊÙÔÚÉÔÎÏ Î× ÉÕØ úÎÐÐÔÊÊÔÎÏ ÈÏÙØË ÉÕÔÊ ÊØÚÉÔÎÏ éÕØ úÎÐÐÔÊÊÔÎÏ ÐÜÄ ÆÔÉÕÕÎÑÙ ÚÎÐÐØÏÉ ÎË ÙÔËØÚÉ ÉÕØ úÔÉÄ ðÜÏÜÖØË ÉÎ ÉÜÒØ ÜÚÉÔÎÏ ÎÏ ËØÌÈØÊÉÊ ÎË ÚÎÐÐØÏÉÊ ú ëØÖÈÑÜË üÖØÏÙÜ ÜÏÙ ÷ÔËÊÉ ëØÜÙÔÏÖ ôÉØÐÊ íÈÛÑÔÚ ÔÏÍÈÉ ÎÏ ÜÖØÏÙÜØÙ ÔÉØÐÊ ÎÉÕØË ÉÕÜÏ ÉÕÎÊØ ÉÕÜÉ ÜËØ ÊÍØÚÔ×ÔÚÜÑÑÄ ÊØÉ ×ÎË Ü ×ÎËÐÜÑ ÍÈÛÑÔÚ ÕØÜËÔÏÖ ÊÕÜÑÑ ÛØ ÜÑÑÎÆØÙ ÆÕØÏ ÜÖËØØÙ ÛÄ ÚÎÏÊØÏÊÈÊ Î× ÉÕØ úÔÉÄ úÎÐÐÔÊÊÔÎÏ êôöï ôï êõøøé íËÔÎË ÉÎ ÉÕØ ÊÉÜËÉ Î× ÉÕØ úÎÐÐÔÊÊÔÎÏ ðØØÉÔÏÖ ÔÏÙÔÇÔÙÈÜÑÊ ÆÔÊÕÔÏÖ ÉÎ ÜÙÙËØÊÊ ÍÈÛÑÔÚ ÕØÜËÔÏÖ ÎË ÏÎÏÜÖØÏÙÜØÙ ÔÉØÐÊ ÊÕÎÈÑÙ ÊÔÖÏ ÔÏ ÎÏ ÉÕØ ÊÕØØÉ ÑÎÚÜÉØÙ ÎÏ ÉÕØ ËÔÖÕÉ ÊÔÙØ Î× ÉÕØ ÙÜÔÊ ô× ÄÎÈ ÜËØ ÏÎÉ ÜÛÑØ ÉÎ ÙÎ ÊÎ ÍËÔÎË ÉÎ ÉÕØ ÊÉÜËÉ Î× ÉÕØ ÐØØÉÔÏÖ ÄÎÈ ÐÜÄ ÊÉÔÑÑ ÜÙÙËØÊÊ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÎÏ ÜÏ ÜÍÍËÎÍËÔÜÉØ ÔÉØÐ éÕØ ÍËÔÐÜËÄ ÍÈËÍÎÊØ Î× ÉÕØ ÊÔÖÏÔÏ ÊÕØØÉ ÔÊ ÉÎ ÜÊÊÔÊÉ ÊÉÜ×× ÆÔÉÕ ËØÚÎËÙ ÒØØÍÔÏÖ éÕØËØ×ÎËØ ÆÕØÏ ÄÎÈ ÚÎÐØ ÈÍ ÉÎ ÉÕØ ÍÎÙÔÈÐ ÉÎ ÊÍØÜÒ ÍÑØÜÊØ ÚÎÐÍÑØÉØ ÉÕØ ÊÔÖÏ ÔÏ ÊÕØØÉ Ô× ÄÎÈ ÕÜÇØ ÏÎÉ ÜÑËØÜÙÄ ÙÎÏØ ÊÎ üùùëøêêôïö éõø úîððôêêôîï üÉ ÉÕØ ÜÍÍËÎÍËÔÜÉØ ÉÔÐØ ÍÑØÜÊØ ÊÉØÍ ÈÍ ÉÎ ÉÕØ ÍÎÙÔÈÐ ÜÏÙ ÊÉÜÉØ ÄÎÈË ÏÜÐØ ÜÏÙ ÜÙÙËØÊÊ ×ÎË ÉÕØ ËØÚÎËÙ üÑÑ ÚÎÐÐØÏÉÊ ÐÈÊÉ ÛØ ÜÙÙËØÊÊØÙ ÉÎ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÜÊ Ü ÛÎÙÄ ÜÏÙ ÏÎÉ ÉÎ ÔÏÙÔÇÔÙÈÜÑÊ üÏÄ ÍØËÊÎÏ ÐÜÒÔÏÖ ÔÐÍØËÉÔÏØÏÉ ÎË ÊÑÜÏÙØËÎÈÊ ËØÐÜËÒÊ ÎË ÆÕÎ ÛØÚÎÐØÊ ÛÎÔÊÉØËÎÈÊ ÆÕÔÑØ ÜÙÙËØÊÊÔÏÖ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÊÕÜÑÑ ÛØ ÛÜËËØÙ ÛÄ 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ÕØÑÙ ÎÏ üÍËÔÑ ÚÎÏÉÔÏÖØÏÉ ÈÍÎÏ ÉÕØ ÊÉÜ×× ËØÚÎÐÐØÏÙØÙ ÚÎÏÙÔÉÔÎÏÊ ËØÚØÔÍÉ Î× Ü ÚØËÉÔ×ÔÚÜÉØ Î× ÖØÏØËÜÑ ÑÔÜÛÔÑÔÉÄ ÔÏÊÈËÜÏÚØ ÑÔÌÈÎË ÑÔÜÛÔÑÔÉÄ ÔÏÊÈËÜÏÚØ ÜÏÙ Ü ÕÎÑÙ ÕÜËÐÑØÊÊ ÜÖËØØÐØÏÉ ëøçôøæ î÷ üííøüñüûñø ñüïù ùøçøñîíðøïé ûîüëù üúéôîïê üÚÚØÍÉ ÉÕØ ÜÚÉÔÎÏÊ ò ÜÏÙ ÙØÚÔÊÔÎÏÊ ÐÜÙØ ÛÄ ÉÕØ ñÜÏÙ ùØÇØÑÎÍÐØÏÉ ûÎÜËÙÊ ×ÎË ÉÕØ ÍØËÔÎÙ îÚÉÎÛØË ÉÕËÎÈÖÕ îÚÉÎÛØË üæüëù î÷ ûôùê üïù úîïéëüúéê ñ íÈËÚÕÜÊØ ÜÆÜËÙ ÉÎ úÕÜà øÌÈÔÍÐØÏÉ ôÏÚ ÔÏ ÉÕØ ÜÐÎÈÏÉ Î× ×ÎË êÜÏÔÉÜËÄ êØÆØË ðÜÏÕÎÑØ ëØÕÜÛÔÑÔÉÜÉÔÎÏ ÈÏÙØË ÉÕØ ÉØËÐÊ ÜÏÙ ÚÎÏÙÔÉÔÎÏÊ Î× ÉÕØ ÚÈËËØÏÉ ÜÏÏÈÜÑ ÚÎÏÉËÜÚÉ ÷ÈÏÙÔÏÖ ÔÊ ÜÇÜÔÑÜÛÑØ ×ËÎÐ æÜÉØËêØÆØË ëØÏØÆÜÑ ëØÍÑÜÚØÐØÏÉ ÷ÈÏÙêÜÏÔÉÜËÄ êØÆØË ðÜÏÕÎÑØ ëØÕÜÛÔÑÔÉÜÉÔÎÏ íÈËÚÕÜÊØ ÜÆÜËÙ ÉÎ ñÔÏØéØÚ ôÏÚ ÔÏ ÉÕØ ÜÐÎÈÏÉ Î× ÇÔÜ ÉÕØ úÔÉÄ Î× ûÎÄÏÉÎÏ ûØÜÚÕ ûÔÙ REGULAR AGENDA: A. CONDITIONAL USE EXTENSION REQUEST/THE YACHT CLUB AT DELRAY BEACH: Consider a request to extend the conditional use to construct a new yacht club with facilities pursuant to Land Development Regulations (LDR) Section 2.4.40(1) and ~), "Extensions", to be known as The Yacht Club at Delray Beach located on the west side of MacFarlane Drive south of Miramar Drive at 110 MacFarlane Drive. (Quasi-Judicial Hearing) B. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one ~) regular member to the Delray Beach Housing Authority to serve an unexpired term ending .Tuly 14, 2012. Based upon the rotation system, the appointment recommendation will be made by Commissioner McDuffie (Seat #3). C. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint two ~) regular members (one member each for Zone 1 and Zone 2) to serve three ~) vear terms ending .Tuly 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner McDuffie (Seat #3) and Commissioner Bernard (Seat #4~ D. APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD ACTIONS/BOSTON'SRESTRURANT: Consideration of an appeal regarding the Site Plan Review and Appearance Board's approval of a Class V Site Plan for a Hotel located at 64 S. Ocean Boulevard. (BECAUSE OF THE COURT'S ORDER DATED JULY ll, 2006, THERE WILL BE NO PUBLIC COMMENT ON THIS ITEM) 10. PUBLIC HEARINGS: A. DEVELOPMENT AGREEMENT/VISTA DEL MAR, L.L.C. (FIRST PUBLIC HEARING): Consider a development agreement with Vista Del Mar, L.L.C. and associated Class V Site Plan for the property located at 64 South Ocean Boulevard. B. ORDINANCE NO. 41-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3, "Submission Requirements", Subsection 2.4.30, "Standard Plan Items" and Subsection 2.4.3(M~, "Credentials for Preparation of Certain Submission Items"; Amending Section 4.6.8, "Lighting", to revise and clarify requirements for on-site lighting. C. ORDINANCE NO. 46-08: City initiated rezoning from RM (Residential Medium Density) in part and OSR (Open Space Recreation) in part to CF (Community Facilities) fora 3.64 acre parcel located on the south side of S.W. 6th Street, west of Auburn Avenue and east of Catherine Strong Park. D. ORDINANCE NO. 47-08: Amending Chapter 52, "Water" of the Code of Ordinances by enacting Section 52.06, "Prima Facie Evidence of Violation of Section 52.05", and by amending Section 52.99, "Penalty", to clarify what will be considered evidence of tampering with a water meter and the penalty that may be imposed. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquires. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 48-08: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. If passed, a public hearing will be held on November 3, 2008. B. ORDINANCE NO. 49-08: An ordinance amending Chapter 71, "Parking Regulations", of the Code of Ordinances by amending Section 71.060, "Parking Meter Permits", to provide for a change in fees charged for parking~ermits. If passed, a public hearing will be held on November 3, 2008. C. RESOLUTION NO. 50-08: Approve Resolution No. 50-08 authorizing the indebtedness by the Delray Beach Community Redevelopment Agency (CRA) in an aggregate principal amount not to exceed $500,000.00 to pay the cost of Brownfields cleanup activities and costs of issuance, and approve an Interlocal agreement with the South Florida Regional Planning Council. If passed, a second public hearing will be held on November 3, 2008. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission OCTOBER 7, 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, October 7, 2008. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Mackenson Bernard Mayor Rita Ellis Absent - Commissioner Woodie B. McDuffie Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. Gary Guerrier, Pastor with First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. The City Attorney stated there has been a written request to postpone Item 10.A., Appeal/Site Plan Review and Appearance Board ActionsBoston's Restaurant and she would also like to postpone Item 10.B., Development A~reement/Vista Del Mar, L.L.C., She stated the Commission can vote to postpone these items. Mr. Eliopoulos requested that Item 8.B., Acceptance of an Easement Deed/1145 East Atlantic Avenue, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A., Item 8.D., Contract Closeout (C.O. No. 2/FINAL)/The Weitz Company, be moved to the Regular Agenda as Item 9.A.A.A. and Item 8.R., Review of Appealable Land Development Board Actions, be moved to the Regular Agenda as Item 9.A.A.A.A. Mayor Ellis stated she would like to add the "Walk Our Child to School Day" proclamation. 10/07/08 Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Bernard moved to approve the Minutes of the Impasse Hearing of August 28, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Workshop Meeting of September 9, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of September 16, 2008, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A.A. Walk Our Child to School Day At this point, Mayor Ellis introduced guest and Assistant Mayor Hopkins Kennemer who read into the record the first part of the proclamation hereby proclaiming October 8, 2008 as Walk Our Child to School Day at Pine Grove Elementary School in the City of Delray Beach. Mayor Ellis read and presented the proclamation to Commissioner Eliopoulos. 6.A. Recognizing and Commending Theodoshia J. West Mayor Ellis read and presented a proclamation hereby wishing THEODOSHIA J. WEST a very Happy 100t'' Birthday and further recognized and congratulated her on her achievements and wished her the best of health and happiness. Mrs. West came forward to accept the proclamation and made a few brief comments. 6.B. Florida City Government Week -October 19-25, 2008 Mayor Ellis read and presented a proclamation hereby proclaiming the week of October 19 through October 25, 2008 as FLORIDA CITY GOVERNMENT WEEK in the City of Delray Beach. Janet Meeks, Education Coordinator, came forward to accept the proclamation and gave a few brief comments. -2- 10/07/08 7. PRESENTATIONS: 7.A. Let Us Vote -Palm Beach Countv Charter Amendment -Jamie Titcomb Jamie Titcomb, Executive Director of the Palm Beach Countv League of Cities, Inc., distributed the newest League of Cities Membership Directory to the Commission and stated that there is a Municipal Voter's Initiative that is on the ballot in November and showed the Commission a DVD of this issue. Mr. Titcomb reiterated that he has brochures of the Palm Beach County League of Cities Membership Directory and the Let Us Vote Initiative. Mr. Fetzer stated there are so many amendments on the ballot on the upcoming election and he is glad to see Mr. Titcomb out informing everyone what this is really all about. Mr. Fetzer stated he was first elected to public office 35 years ago in Broward County and Home Rule was an issue then and is still an issue today. He feels it is of utmost importance that the residents of Delray Beach support this amendment because he feels it is extremely important that we do have a say particularly with the budget crisis we are in now and that we can have a voice in stopping unfunded mandates to the City. Mr. Fetzer thanked Mr. Titcomb for what he is doing. On behalf of the City of Delray Beach, Mayor Ellis thanked Mr. Titcomb for his efforts. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF AN EASEMENT DEED/PINES OF DELRAY WEST HOMEOWNERS ASSOCIATION: Approve and accept an easement deed for reclaimed water service with the Pines of Delray West Homeowners Association. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.C. ACCEPTANCE OF A PERMANENT TRAFFIC SIGNAL EASEMENT AGREEMENT/PALM BEACH COUNTY: Approve and accept a Permanent Traffic Signal Easement Agreement with Palm Beach County granting access to construct mast arms at the intersection, operate, and maintain overhead and underground electric facilities including wires, poles, guys, cables, conduits, and appurtenant equipment for the Atlantic Avenue at S.W. 2nd Avenue Signal Replacement Project. 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. -3- 10/07/08 8.E. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. 39/DAVID MILLER & ASSOCIATES/LINTON BOULEVARD BRIDGE TENDER HOUSE: Approve Amendment No. 1 to Service Authorization No. 39 in the amount of $5,250.00 to David Miller & Associates for Construction Administration Services regarding the facade renovations to the Linton Boulevard Bridge Tender House. Funding is available from 334-3162-541-46.05 (General Construction Fund/Repair & Maintenance Services/Linton Blvd Tender House). 8.F. SUB-RECIPIENT FUNDING AGREEMENTS/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES/F'AMILIES FIRST OF PALM BEACH COUNTY: Approve and authorize the execution of funding agreements with two (2) sub-recipients (Community Child Care Center d/b/a Achievement Centers for Children and Families and Children's Case Management Organization d/b/a Families First of Palm Beach County) for the Village Academy Beacon Center program for FY 2008-2009, with the total funding in the amount of $829,305.00 from the City and Children's Services Council of Palm Beach County. 8.G. THIRD AMENDMENT/INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve a Third Amendment to the Interlocal Agreement with Palm Beach County Criminal Justice Commission for additional funding in an amount not to exceed $100,000.00 for additional services for the period October 1, 2008 through September 30, 2009. 8.H. MEMORANDUM OF UNDERSTANDING/FLORIDA DEPARTMENT OF FINANCIAL SERVICES: Approve a Memorandum of Understanding with the Florida Department of Financial Services; and accept the 2007- 2010 Domestic Preparedness Grant from the State Homeland Security Grant Program in the amount of $118,411.00 for equipment, maintenance of equipment, and training courses related to Homeland Security. 8_I. AGREEMENT/PALM BEACH COMMUNITY COLLEGE: Approve an agreement with Palm Beach Community College for the education and training of students in the Paramedic and EMT programs. 8.J. RESOLUTION NO. 52-08/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/JOINT PARTICIPATION AGREEMENT: Approve Resolution No. 52-08 authorizing execution of a Joint Participation Agreement (7PA) with the Florida Department of Transportation (FDOT) for reimbursement of costs for the installation of sidewalks along S.W. 29th Street /S.W. 22"d Avenue and bus shelters in various locations. (General Construction Fund/Other Improvement/S.W. 29thSt-S.W. 22"d Ave Sidewalk). The caption of Resolution No. 52-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENT WITH -4- 10/07/08 THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING OF THE PURCHASE AND INSTALLATION OF BUS SHELTERS AND CONSTRUCTION OF SIDEWALKS AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. office.) (The official copy of Resolution No. 52-08 is on file in the City Clerk's 8.K HIGHWAY SAFETY FUNDS SUBGRANT AGREEMENT/STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve a Highway Safety Funds Subgrant Agreement with the State of Florida Department of Transportation (FDOT) for acceptance of a grant in the amount of $30,000.00 for the Child Passenger Safety Program. This is a 100% reimbursable federal grant award that does not require a local cash match. 8.L. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special event request to allow the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 25, 2008 from 1:30 p.m. until approximately 2:15 p.m., including temporary use permit per LDR Section 2.4.6(F) for the rolling closure of Atlantic Avenue from N.E. 1st Avenue to Veterans Park, staff support for traffic control, security, and barricading; contingent upon the receipt of a revised certificate of insurance. 8.M. SPECIAL EVENT REQUEST/22"° ANNUAL TURKEY TROT: Approve a special event request to allow the 22" Annual Turkey Trot to be held on Saturday, November 22, 2008 from 5:00 a.m. until approximately 9:00 a.m., including a temporary use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for traffic control, barricade set-up/removal, trash removal and clean up, use of half of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian to A-1-A from 7:00 a.m. until approximately 10:00 a.m. 8.N. SPECIAL EVENT REQUEST/HOLIDAY TREE LIGHTING/ART & JAZZ ON THE AVENUE: Approve and endorse the Holiday Tree Lighting and Art & Jazz on the Avenue scheduled for December 4, 2008 from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to N.E./S.E. 7th Avenue; to the alley north of Atlantic Avenue on N.E. 1st Avenue, N.E. 2"d Avenue, Railroad Way, and N.E. 4th Avenue; from Atlantic Avenue to the alley south on S.E. 1st Avenue, S.E. 2"d Avenue and S.E. 4th Avenue; and authorize staff support for security and traffic control, banner hanging/removal, barricade set-up/removal, trash removal, clean up assistance, and use/set up of the large City stage. -5- 10/07/08 8.0. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve a special event request to endorse the Annual Holiday Pageant Parade co- sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 13, 2008 beginning at approximately 6:00 p.m. to 9:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to N.W. 1st Avenue for parade route; Miramar, Lowery, Gleason and Andrews for parade set up from approximately 4:00 p.m. to 6:00 p.m.; and authorize staff support for traffic control and security, EMS assistance, barricade set-up/removal, trash removal/clean up. 8.P. SPECIAL EVENT REQUEST/KIDS DAY AT THE TREE: Approve and endorse Kids Day at the Tree scheduled for December 13, 2008 from 10:00 a.m. to 4:00 p.m.; granting a temporary use permit per LDR Section 2.4.6.(F) for the closure and use of N.E. 1st Avenue from Atlantic Avenue to the alley north of Atlantic; and authorize staff support for traffic control and security, barricade set-up/removal, trash removal/clean up assistance and use of the City's portable generator; contingent on the receipt of the Certificate of Liability Insurance and Hold Harmless Agreement. 8~. SPECIAL EVENT REQUEST/HOWARD ALAN 20tH ANNIVERSARY DELRAY BEACH FESTIVAL OF THE ARTS: Approve a special event request for the 20th Anniversary Delray Beach Festival of the Arts sponsored by Howard Alan Events, Ltd. to be held on January 17 and 18, 2009 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for use of City rights-of- way on Atlantic Avenue from the east side of N.E. 6th Avenue to Bronson and the Gladiola lot (S.E. 6th Avenue) for parking; authorize staff support for security and traffic control, barricading, EMS assistance, and permit an event sign to be erected on Atlantic Avenue just east of I-95 ten (10) days prior to the event with the sponsor paying all overtime costs. 8.R. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.5. AWARD OF BIDS AND CONTRACTS: 1. Contract award to The Signal Group, Inc. in the amount of $329,299.54 for the construction of Trombone Mast Arm Signals at the intersection of S.R. 806 W. Atlantic Avenue and S.W. 2nd Avenue. Funding is available from 334-3162-541-68.58 (General Construction Fund/Other Improvements/S.W. 2nd Avenue at Atlantic Signalization). 2. Contract award to Chaz Equipment in the amount of $35,485.00 for the emergency repair of a sanitary sewer main along S.W. 7th Avenue, south of Atlantic Avenue. Funding is available from 442- 5178-536-63.51 (Water/Sewer Renewal and Replacement Fund/Sewer Mains). -6- 10/07/08 3. Contract award to EIMCO Water Technologies in the amount of $224,000.00 for rebuilding two (2) vacuum drum filter units at the Water Treatment Plant as part of the Vacuum Drum Filter Rehabilitation project. Funding is available from 442-5178-536- 68.54 (Water/Sewer Renewal and Replacement Fund/Improvements Other/WTP-Vacuum Drum Filter Rehab). 4. Contract award to Technical Inspections, Inc. in the amount of $28,447.00 for the emergency repair of sanitary Lift Station #56-A, located in the Hamlet Subdivision off of West Atlantic Avenue. Funding is available from 442-5178-536-68.15 (Water/Sewer Renewal and Replacement Fund/Improvements Other/Lift Station Rehabilitation). 5. Contract award to Delta Petroleum and Industrial, Inc. in the amount of $21,810.00 for upgrading the underground fuel piping at the Police Department's fueling station. Funding is available from 334-2111-521-64.90 (General Construction Fund/Other Machinery/Equipment). Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Ellis thanked her helper Mr. Hopkins Kennemer from St. Joseph's Episcopal School and stated it is always a pleasure whenever we have children come through and get a taste of government. Mayor Ellis presented a going away gift to Hopkins Kennemer from the City Commission. 9.A. REGULAR AGENDA: 9.A.A. ACCEPTANCE OF AN EASEMENT DEED/1145 EAST ATLANTIC AVENUE: Approve and accept a three (3') foot sidewalk easement deed between the City and the Marriott Residence Inn to allow installation of a sidewalk along Seabreeze Avenue. Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Richard Hasko, Director of Environmental Services, stated this is a pedestrian sidewalk easement that the City is accepting from the Marriott Residence Inn of three feet which will accommodate the installation of a sidewalk along Seabreeze Avenue. Mr. Fetzer moved to approve the acceptance of the easement deed for 1145 East Atlantic Avenue (formerly Item 8.B.), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Fetzer -7- 10/07/08 - Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.A.A.A. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/THE WEITZ COMPANY: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of $878,750.75 decrease and final payment in the amount of $62,878.81 to The Weitz Company for completion of the Seacrest Soccer Complex. Funding is available from 380- 4150-572-63.49 (2004 G.O. Bond/Improvements Other/Soccer Complex). Richard Hasko, Director of Environmental Services, stated this is for the Seacrest Soccer Complex and explained this is for the final completion and contract closeout. Mr. Hasko stated the original GMP is $2,999,723.00 and the final contract value is $2,120,972.25 and the difference between these numbers is the combination of the direct purchases the City made in the total value of $842,800.44 that were taken out of Weitz's purchase order and a reduction of the residual owner contingency that the City gets back. The second box subtracts the previous payments from the final contract value to give the final payment. Mr. Eliopoulos asked Mr. Hasko to go over Item #23 (Owners Contingency). Mr. Hasko stated this is a contingency line item (similar to the Catalfumo Contract for the Old School Square Garage) and this item is used as a piggy bank. He stated as the contractor buys out the subcontracts and closes them out, any money that he saves above and beyond what is in his contract in the GMP (Guaranteed Maximum Price) for those line items goes into that account which increases it. Mr. Hasko stated any of those buyout items that are in his contract for that line item or if the City or the client asks for additional work to be done, that comes out of the piggy bank. He stated every month there is either funding going in or funding coming out. The original budget for that line item for this project was $83,210.00. Mr. Hasko stated they had a savings of $42,266.00 so that contingency fund actually increased in terms of savings to the City to $125,476.00. Mr. Hasko made reference to Schedule A and stated underneath each of the categories there are items for additional scope and noted that there were different items of scope that were requested by the City which totaled $89,525.69 and there is a net savings of $35,950.31. Mr. Eliopoulos stated the Commission has expressed concern before with regard to CM at Risk. He stated the field came out great and the facility looks super. Mr. Eliopoulos asked how Mr. Hasko would advise this Commission and future Commissions about these projects and inquired if every situation different. Mr. Hasko stated CM at Risk is not a panacea for every project but instead a CM at Risk works well for primarily building projects and projects that have some complication to them that have a lot of different systems requiring a lot of on-site coordination (i.e. Old School Square Garage, the Courthouse, etc.). Mr. Eliopoulos stated down the road the City will be looking at the Western Communities Center again so he would like to see how everyone would like to approach this especially with the market and asked staff to give this some consideration and asked if this was a CM at Risk Mr. Hasko stated the Western Communities Center was also a CM at Risk and noted that this is primarily a vertical project. -8- 10/07/08 Mr. Bernard made reference to Item #8 and stated on Schedule A under the concession and restroom facility it states that the City saved $455,385.00 and inquired where in Schedule A did these get moved to. Mr. Hasko stated the City did not actually save this amount of money but clarified that this was a direct purchase. Mr. Hasko stated this was actually a subcontract to the CM at Risk. Mr. Fetzer stated he is glad that Commissioner Eliopoulos brought up this issue about the CM at Risk contracts and when does it make sense for the City to do this. Mr. Fetzer stated at one time there was a lot of movement towards doing most of the City's projects like that. He stated from what he has seen and what experience is telling us that it is not always the best thing to do. Mr. Fetzer stated he relied on Mr. Hasko and staff to tell the Commission where it makes sense and not arbitrarily think that it is always going to be the most economical way to go for the City. Mayor Ellis stated the CM at Risk has been a learning experience and commented that the City got a great soccer field out of this. Mr. Hasko stated there can be cost savings with the CM at Risk but it depends on what things costs in the construction industry at the time. The primary benefit of the CM at Risk is the lack of labor intensity for the City and staff because there is a Construction Manager out there with the staff on-site the entire time. Mr. Eliopoulos moved to approve Item 9.A.A.A., seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 15, 2008 through October 3, 2008. Commissioner Eliopoulos declared a conflict of interest on Items 9.A.A.A.A.9.C. (Site Plan Review and Appearance Board) and the Historic Preservation Board Item 9.A.A.A.A.9.2 and 9.A.A.A.A.9.3 and stepped down from the dais. Mr. Fetzer moved to accept the above referenced items as part of the report, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. Commissioner Bernard declared a conflict of interest on the Planning and Zoning Board Item 9.A.A.A.A, the third bullet point, and stepped down from the dais. Mr. Fetzer moved to accept the Item that Commissioner Bernard has a conflict on as part of the report, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - -9- 10/07/08 Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Bernard returned to the dais. Mr. Eliopoulos moved to receive and file the remainder of the report, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.A. WAIVER REQUEST/200 MARINE WAY: Consider a request to waive Land Development Regulations (LDR) Section 4.51(E)(3)(a)(1.)(c.), "Appurtenances," to allow a fence (arbor) taller than four feet (4') to be located within the side street setback for 200 Marine Way. (Quasi-Judicial Hearing) from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. At this point, the City Attorney stated because there are only three Commissioners present and it takes three votes to grant something here she asked if the applicant for this waiver is present. The City Attorney stated seeing no one here she advised the City Commission to move forward with this item. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. Bernard, Mayor Ellis and Commissioner Fetzer had no ex parte communications to disclose. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-219 and #2008-220 into the record. Mr. Dorling stated the waiver request is to LDR Section 4.51(E)(3)(a)(1)(c), which prohibits fences and walls over four feet to be located within the front and side street setbacks. This application is requesting an arbor which measures 9 feet 3 inches in height approximately one foot from the side street setbacks. At its meeting of September 17, 2008, the Historic Preservation Board (HPB) considered the waiver request along with a Certificate of Appropriateness (COA) for a development proposal which involved the relocation of a structure within the existing property boundaries, partial demolition, construction of one and two-story additions, installation of a new swimming pool, and additional site improvements. The Board recommended approval of both the waiver and the COA with a vote of 7 to 0. Mr. Dorling stated positive findings necessary with respect to LDR Section 2.4.7(B)(5) is -10- 10/07/08 made in the staff report. Staff recommends approval. Mayor Ellis asked that if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Bernard moved to adopt the Board Order as presented (approving the waiver request), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.B. WAIVER REQUESTS/HOPE WALK FOUNDATION, LLC: Consider a request for two (2) waivers to Land Development Regulations (LDR) Section 4.6.16(H)(3)(d), "New Multiple Family, Commercial and Industrial Development," to reduce the landscape strip along the north and east property line from five (5') to three (3') feet on the north property line, and approximately one (1') foot on the east property line, adjacent to the railroad; and to Section 6.1.3(D)(1) to reduce the required driveway width from 24' to 12' along the north property line and to at least 22' at the rear of the property, perpendicular to the parking for the property located at 701 N.E. 3rd Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-187 into the record. Mr. Dorling stated this request is for two waivers. The first waiver is to LDR Section 4.6.16(H)(3)(d) which requires landscape buffers between vehicular use areas to be a minimum of five feet. This reduction would involve a reduction to three feet in one location and one foot two inches in another. The second waiver is for LDR Section 6.1.3(D)(1) which requires that atwo-way driveway have a width of 24 feet. Mr. Dorling stated that in this case there is a reduction to 12 feet and a reduction to 22 feet. He stated this was considered along with the Certification of Appropriateness (COA) for a conversion from single-family residence to office use. -11- 10/07/08 At its meeting of September 17, 2008, the Historic Preservation Board (HPB) considered and approved a Certificate of Appropriateness (COA) and Class V Site Plan Application for the conversion of asingle-family residence to office use. The Board considered the waiver requests concurrently with the COA and the Site Plan requests and recommended approval of each waiver by a vote of 7 to 0. Mr. Dorling stated positive findings are made to LDR Section 2.4.7(B)(5) in the staff report and staff recommends approval. Francisco Perez-Azua, President of Perez Design, Inc., 4205 West Atlantic Avenue, Delray Beach (Architect for the proiect), stated he is present for any questions the Commission may have. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order (approving the waiver requests) as presented, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes; Mayor Ellis - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:02 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD ACTIONSBOSTON'SRESTRURANT: Consideration of an appeal regarding the Site Plan Review and Appearance Board's approval of a Class V Site Plan for a Hotel located at 64 S. Ocean Boulevard. (BECAUS'E OF THE COURT'S ORDER DATED JULY 11, 2006, THERE WILL BE NO PUBLIC COMMENT ON THIS ITEM. THIS ITEM IS NOT A PUBLIC HEARING, B UT IT MUST BE HEARD PRIOR TO ITEM 10. B) Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. The City Attorney stated this is Boston's appeal of an action by the Site Plan Review and Appearance Board (SPRAB) and there has been a request to continue this item and it would take three votes to have any action. -12- 10/07/08 Michael Marshall, Siemon & Larsen, Boca Raton, representing Vista Del Mar, stated he does not see any reason why this should be postponed because there are only three voting members of the City Commission present. Alan Ciklin, representing Boston's, stated this has been dragging along since 2001 and another less than 30 days or couple of weeks is not going to make a whole lot of difference. Mr. Ciklin stated the way this first came up was yesterday in a meeting with Mr. McDuffie when he indicated that he was not feeling well and he thought he would be here and also mentioned to Mr. Schmidt that he thought because of the volume of the material that it was probably a good idea to postpone. Mr. Ciklin stated now that Mr. McDuffie is apparently not feeling well enough to be here they think it is important enough and it has been dragging on long enough that they would like to have at least four members of the City Commission present to hear the appeal Mr. Ciklin stated in fairness he requested that this item be postponed to October 21, 2008. The City Attorney asked the Commission to disclose their ex parte communications. Mr. Bernard stated he had a meeting with Mike Marshall, Bob Currie, David Schmidt and Tom McMurrian. Mayor Ellis stated she too spoke with Mike Marshall, Bob Currie, David Schmidt and Tom McMurrian. Mr. Fetzer stated he too spoke with Mike Marshall, Bob Currie, David Schmidt and Tom McMurrian. Mayor Ellis commented about the backup material that was provided to City Commission Friday evening in order to vote on this item and stated she does not want another suit to come through when they vote on this. Mayor Ellis stated the Commission could not possibly have reviewed the material that was necessary in order for them to vote on the Board Order that requires specifics that were pertaining to the record from 2001. Mayor Ellis stated there is no way possible that she could get through all of the material that was provided and would suspect that is the same for the other Commissioners. She noted that Commissioner McDuffie felt this way as well. Mayor Ellis stated she feels this item should be postponed and scheduled in its entirety for the meeting of October 21, 2008. Mr. Bernard asked if the Commission does move to postpone this item would the Commission make a decision at the October 21, 2008 meeting. The City Attorney stated the City Commission would have ample time to review the record and they will hear the oral arguments of the lawyers and if the Commission is ready it would be appropriate at that point to vote on the Board Order. Mr. Fetzer stated this has dragged out a very long time and he understands that staff, the City Commission and the parties involved would like to bring some closure to this. He concurs with Mayor Ellis that the Commission has to be cautious with how they proceed with this and have as many Commissioners here as possible to vote on this item. -13- 10/07/08 Mr. Fetzer moved to postpone this item to October 21, 2008, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 3 to 0 vote. 10.B. DEVELOPMENT AGREEMENT/VISTA DEL MAR, L.L.C.: Consider a development agreement with Vista Del Mar, L.L.C. and associated Class V Site Plan for the property located at 64 South Ocean Boulevard. The City Attorney stated this is the item dealing with the development agreement and this involves what was to be a settlement of lawsuits and dealt with a site plan that was a variation of the site plan. The City Attorney asked if Mr. Michael Marshall has any problems with continuing this item. Or, the City Attorney stated staff can open this up for a public hearing and noted that this item takes two public hearings. The City Attorney stated there is an appeal pending and there has been some argument presented that we should not be considering this at all with a pending appeal that might also be appealed to the court. Mr. Marshall agreed to proceed with the schedule as anticipated. Mr. Bernard moved to continue the Development Agreement with Vista Del Mar, L.L.C. to October 21, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 10.C. WAIVER REQUEST/KITEBOARDING: Consider a request for waiver of the requirements of Section 101.34, "Surfing, Scuba Diving and Jet Skis", of the Code of Ordinances of the City pertaining to prohibition of kiteboarding and other related uses within 300 feet of the Municipal Beach and Section 101.25, Commercial Enterprises; Sale or Rental of Goods or Services", to allow such uses for a special event. (Quasi- Judicial Hearing) 10.C.1. SPECIAL EVENT REQUESTBEST OF THE BEST KITEBOARDING COMPETITION: Approve a special event request to endorse the Best of the Best Kiteboarding Competition sponsored by Best Kiteboarding to be held on December 6, 2008 from 8:00 a.m. to 4:00 p.m. and December 7, 2008 from 9:00 a.m. to 2:30 p.m. on the municipal beach, granting a temporary use permit per LDR Section 2.4.6(F) for the use of the municipal beach and Anchor Park and to authorize staff support for lifeguard assistance, EMS assistance, trash pick up and use of the small City stage; and to consider a request to reserve the Anchor Park lot and allow the producer to charge $5.00 per car; contingent upon receipt of a Certificate of Liability Insurance and Hold Harmless Agreement ten (10) days prior to the event and receipt of a letter of approval from the Seagate Club property owners. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony at this time. -14- 10/07/08 Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Robert A. Barcinski, Assistant City Manager, stated Commission is being requested to consider a waiver from of City Code Section 101.34 which prohibits kiteboarding within three hundred (300) feet of the municipal beach and Section 101.25 which prohibits vendors selling goods or services on the municipal beach east of the west curb line on A-1-A to the beach. Mr. Barcinski stated Ms. Lia Feriancek (Event Coordinator) has submitted a Special Event Permit Application to hold a kiteboarding event on the municipal beach on December 6-7, 2008. In order to hold this event as proposed, the two code sections noted would need to be waived. Lia Feriancek, speaking on behalf of BEST Kiteboardin~ (Applicant), stated they would like to hold a kiteboarding event on Delray Beach on December 6-7, 2008. In addition, with Lynn University she has a college course in Event Management and this would be one of the events that they are putting together and having this event is also going to be a collegiate tour stop because they have a kiteboarding club at their university and they would like to represent their team in their home area where they go kiteboarding. Ms. Feriancek stated they would also like the local community involved so that they can promote their products and would like to see this become an annual event to help promote tourism to the city. She stated they are working with the Colony Hotel and other businesses along Atlantic Avenue to have the after event along with other sponsors such as Red Bull, etc. to promote the safety of the sport. Ms. Feriancek stated kiteboarding is currently the fastest growing water sport in the world. She stated they are also going to be working with organizations promoting the environment and they are going to do a beach cleanup as well. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. Tom Carney, aggrieved party speaking on behalf of the Seagate Beach Club and the owners of the Seagate Beach Club and the owners of the Seagate Residences, stated they intend to challenge the notice because they learned about this through their insurance agent who faxed them a copy of the Agenda. Mr. Carney stated the access that the Board is considering to this event is land owned by the Seagate Club and feels that the Seagate Beach Club should have been informed prior to this activity coming before the City Commission. He stated they have had no opportunity to review it or to give any input as to how it could better be managed so that it does not affect their business and other businesses in the neighborhood. Mr. Carney stated since Seagate did not receive notice he suggested that this item be tabled until such time that they have the opportunity to participate with those who are organizing the event to see how it affects both the Seagate Residences and the Seagate Beach Club. Mr. Wilson, owner of the Seagate Beach Club, stated they are very much in favor of events which draw people to Delray Beach and they would probably be a sponsor of an event such as this if it were held at the end of Atlantic Avenue and A-1-A -15- 10/07/08 where he feels it should be held. He stated he is not opposed to the event but is opposed to the access of the event without Seagate's permission and without being notified and having the opportunity to discuss it with the event sponsors. Albert Richwagen, owner of Delray Beach Water Sport Rentals, stated on staff's mapping of the layout it shows that the public beach ends directly in front of the Seagate Beach Club. He stated this is incorrect and noted that the public beach ends at the ramp. Mr. Richwagen stated where the event sponsor has shown where they are going to set up the concessions, etc. that would literally block his business from renting any hobbie cats or getting their equipment in and out of their rental stand. He stated this would be a great event for the beach; however, agrees that it would be better a little further down near where the volleyball tournaments are held. Mr. Richwagen stated there is very little sand left at the beach due to the storms we have had and noted that you have to have a certain amount of width to have an event like this. He suggested that this event be held during off-season in the summer versus December. Mr. Richwagen stated he did not receive notice of this. There being no one else from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. The following individuals gave a brief rebuttal: Ms. Feriancek stated the map has been revised and she went to Delray Water Sports and spoke with the person on staff as well as Eric Feld who is a lifeguard. She stated kiteboarding is a sport that is wind driven so they cannot have the event in the summer here because there are no winds. Ms. Feriancek stated they have backing from the Palm Beach County Sports Commission who has contacted them about this event and they recommended holding the event in December because they believed it would be a better time to promote tourism rather than January, February or March which Ms. Feriancek suggested because these are windier months for kiteboarding. Mr. Barcinski stated that staff did not prepare the map and noted that this was done by the event producer. Also, he stated that staff advised the event producer that any event occurring other than on the public beach would need the private property owners' okay before it could move forward. Mr. Eliopoulos moved to continue Item 10.C. and Item 10.C.1. to the Special/Workshop Meeting of October 14, 2008 as a special item at 7:00 p.m., seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 41-08 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3, "Submission Requirements", Subsection 2.4.3(B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; -16- 10/07/08 Amending Section 4.6.8, "Lighting", to revise and clarify requirements for on-site lighting. If passed, a second public hearing will be held on October 21, 2008. office.) The caption of Ordinance No. 41-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3 (B), "STANDARD PLAN ITEMS" AND SUBSECTION 2.4.3(M), "CREDENTIALS FOR PREPARATION OF CERTAIN SUBMISSION ITEMS"; AMENDING SECTION 4.6.8, "LIGHTING", TO REVISE AND CLARIFY THE REQUIREMENTS FOR ON-SITE LIGHTING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing. There being no one from the public who wished to address the Commission regarding Ordinance No. 41-08, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 41-08 on FIRST Reading/FIRST Public Hearing, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard - Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:31 p.m. the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and -17- 10/07/08 11. From the Public. 11.B.1. Michael Weiner, Weiner, Aronson & Mankoff, 10 S.E. 1St Avenue, Delray Beach (representing Oceanside Beach Service, Inc.), commented on the rejected bids for the cabana equipment and stated that the original bid process started in June 2008 but because of one word in the general conditions that was different from the 2002 bid, all the bids were rejected. He stated the City did not give them the full opportunity to explain what that bid term was all about. Mr. Weiner expressed concern over the fairness to bidders and especially the fairness to the bidders Oceanside. He stated as a result of the City's actions and unwillingness to listen to what they believe were sound arguments they are showing lack of fairness. Mr. Weiner distributed a letter from Stephanie Toothaker who represents the Boucher Brothers Delray Beach, LLC (another bidder) to Mr. Tim Simmons of the Parks and Recreation Department. Mr. Weiner stated this letter (dated September 10, 2008) shows that they continue to converse with Parks and Recreation and that Ms. Toothaker is supplying sample bid packages to the Parks and Recreation Department. Mr. Weiner stated this could be viewed as favoring one bidder over another. Mr. Weiner stated the City should be more scrupulous than ever in maintaining fairness. He stated one bidder will have a competitive advantage being more familiar with the bid system than others. Mr. Weiner stated no bid has been posted on the City's website to date considering what happened to this bid which gave the City and other competitors the benefit of a bid opening and the disclosure of the bid amount the City should be more scrupulous than ever in maintaining fairness. Mr. Weiner proposes a thorough examination of the entire bid process including a cone of silence, full disclosure and a discussion of the substitute bid package with all the prior bidders being able to equally and fairly comment on the content. He stated all bidders should have the opportunity to comment and should see a draft of the bid package before it is final and asked that the City initiate this process as quickly as possible. At this point, the time being 7:33 p.m. the Commission moved to Item 12, First Readings. from the dais. Commissioner Bernard declared a conflict of interest and stepped down 12. FIRST READINGS: 12.A. ORDINANCE NO. 46-08: City initiated rezoning from RM (Residential Medium Density) in part and OSR (Open Space Recreation) in part to CF (Community Facilities) fora 3.64 acre parcel located on the south side of SW 6th Street, west of Auburn Avenue and east of Catherine Strong Park. If passed, a second public hearing will be held on October 21, 2008. The caption of Ordinance No. 46-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY -18- 10/07/08 ZONED RM (MEDIUM DENSITY RESIDENTIAL) AND OSR (OPEN SPACE AND RECREATION) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE SOUTH SIDE OF SW 6TH STREET AND WEST OF AUBURN AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-08 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 City initiated rezoning from RM ((Residential Medium Density) in part and OSR (Open Space Recreation) in part to CF (Community Facility) fora 3.64 acre parcel located on the south side of S.W. 6th Street, west of Auburn Avenue and east of Catherine Strong Park. The subject property contains approximately 3.64 acres and is made up of Track "B" of the Auburn Trace Subdivision (2.25 acres) and a portion of the adjacent Catherine Strong Park property (1.39 acres). Mr. Dorling stated the portion of the park contains a parking lot utilized for Catherine Strong Park and the portion previously owned by Auburn Trace subdivision is a water retention area that was utilized to the adjacent Auburn Trace Development. The proposed rezoning is being sought in order to accommodate development of a future community facility to house the 19,000 square foot Head Start building to be constructed by Palm Beach County. At its meeting of September 15, 2008, the Planning and Zoning Board held a public hearing in conjunction with the CF rezoning request and recommended approval with a vote of 5 to 0 (Mr. Joseph Pike and Mr. John Miller absent). Staff recommends approval. Mr. Fetzer moved to approve Ordinance No. 46-08 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Bernard returned to the dais. 12.B. ORDINANCE NO. 47-08: Approve Ordinance No. 47-08 amending Chapter 52, "Water" of the Code of Ordinances by enacting Section 52.06, "Prima Facie Evidence of Violation of Section 52.05", and by amending Section 52.99, "Penalty", to clarify what will be considered evidence of tampering with a water meter and the penalty that may be imposed. If passed, a public hearing will be scheduled for October 21, 2008. -19- 10/07/08 The caption of Ordinance No. 47-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER" OF THE CODE OF ORDINANCES BY ENACTING SECTION 52.06, "PRIMA FACIE EVIDENCE OF VIOLATION OF SECTION 52.05 ", AND BY AMENDING SECTION 52.99, "PENALTY", TO CLARIFY WHAT WILL BE CONSIDERED EVIDENCE OF TAMPERING WITH A WATER METER AND THE PENALTY THAT MAY BE IMPOSED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Brian Shutt, Assistant City Attorney, stated if there is an alteration to the water meter then the evidence of that will be held against either the tenant or the property owner of the property who is getting the benefit of the water service. Also, Mr. Shutt stated a provision was added that matters like this can be subject to the Code Enforcement Board or citation system. Mayor Ellis asked if there is nothing in place at this time that this would be considered a criminal activity. In response, Mr. Shutt stated if it meets a certain standard or threshold of the criminal matter but the problem is trying to determine who did this and actually getting the proof of who did this. Mr. Shutt stated what the City is saying in the ordinance is that there is no jail time or criminal sanctions involved in that and it is only a fine and this is the most that could possibly be imposed. The City Attorney stated this gives the City another enforcement mechanism for having an ordinance violation. Mr. Bernard stated on August 12, 2008, there was a presentation by Municipal Solutions which indicated that the City of Delray Beach had a lot of unaccounted water and the City is still waiting on a report to see what happened to the unaccounted water. He stated he is in favor of this ordinance; however, he would like to see the report so that we know exactly why the City has this unaccounted water. Mr. Bernard stated if someone has a violation then they can rebut it but at the same time he would like to make sure that the City has studied its own policies to making sure that we know exactly what is going with the water system so that the City can protect its citizens as well. -20- 10/07/08 Mr. Hasko stated staff is in the process of reviewing scopes of services for a couple of different firms in the water industry to provide auditing services for the City. He stated there is auditing of the accounting/billing process, physical field leak detection, testing the large meters and a sampling of the residential meters for accuracy, etc. Mr. Hasko stated there is a whole menu of things that staff needs to look at the information in the database and prioritize where we need to start first. Staff hopes to come before the Commission soon with a proposal for a firm to do that for the City. Mr. Eliopoulos stated he respects Commissioner Bernard's concern; however, he is looking at this as a separate mechanism for someone who is actually tampering with the water. Mr. Bernard expressed concern over the penalty portion of the ordinance. The City Attorney explained that this is a standard municipal ordinance penalty but staff has also added code enforcement penalty availability which is under Chapter 37 (reference on page two of the ordinance). The City Attorney stated this is looking at what the City has in place and trying to make it better. Mr. Eliopoulos moved to approve Ordinance No. 47-08 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard - No; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 1 vote, Commissioner Bernard dissenting. At this point, the time being 7:44 p.m. the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. CONDITIONAL USE EXTENSION REQUEST/EBENEZER WESLEYAN METHODIST CHURCH: Consider a request to extend the conditional use for construction of a new 6,575 sq. ft sanctuary, at the northwest corner of S.W. 6th Avenue and S.W. 2"d Street and an off-site parking lot at the northeast corner of S.W. 6th Avenue and S.W. 2"d Street for Ebenezer Wesleyan Methodist Church. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to address the Commission. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-100 into the record. Mr. Dorling stated the conditional use extension for construction of a new 6,575 square foot sanctuary at the northwest corner of S.W. 6th Avenue and S.W. 2"d Street and an off-site parking lot at the northeast corner of that intersection. The current facility is located at the southeast corner of S.W. 6th Avenue and S.W. 2"d Street and seeks to construct a new facility. -21 - 10/07/08 At its meeting of May 3, 2005, the City Commission approved a conditional use request for a new church facility with the attendant off-site parking lot. The Site Plan approval was granted by the Site Plan Review and Appearance Board on October 11, 2006. Mr. Dorling stated there was a previous extension request that was granted and approved by the City Commission on May 1, 2007 that would run through November 3, 2008. He stated this is the second conditional use request for this facility and it is under LDR Section 2.4.4(5)(3) which is a section that "No Construction Has Commenced". Mr. Dorling stated there are no changes that would affect this project so this could be approved with the original conditions. The applicant has submitted the inability to get a construction loan and there is a decrease of contributions at the church that has made the building at this facility unattainable at this time. The applicant is requesting a 24-month extension which would give them a valid conditional use through November 3, 2010. He stated if the applicant is successful in doing that they will go to the Site Plan Review and Appearance Board (SPRAB) to expand or extend the site plan similarly for that 24-month period. Staff recommends approval of the conditional use request. Pastor R.L. "Bob" Howard, Sr., Ebenezer Wesleyan Methodist Church, 201 S.W. 6t Avenue, Delray Beach, (Applicant), stated they were unable to obtain monies to start construction but they are hoping to obtain the necessary financing to erect this facility on the proposed site. 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. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented (approving a 24-month extension valid until November 3, 2010), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 0 vote. 9.D. RESOLUTION NO. 51-08 (RESOLUTION OF NECESSITY OSCEOLA PARK/OSCEOLA PARK SPECIAL ASSESSMENT DISTRICT: Consider approval of a resolution declaring the necessity for public improvements for the Osceola Park neighborhoods, and directing the establishment of a special assessment district to defray a part of the expense for such improvements. The caption of Resolution No. 51-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR THE OSCEOLA PARK NEIGHBORHOOD AS SHOWN -22- 10/07/08 ON EXHIBIT "A", AND DIRECTING THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR THE PUBLIC IMPROVEMENTS TO THE OSCEOLA PARK NEIGHBORHOOD; PROVIDING FOR THE ESTIMATED COST OF THE IMPROVEMENTS; PROVIDING FOR THE PREPARATION OF THE ASSESSMENT ROLL. (The official copy of Resolution No. 51-08 is on file in the City Clerk's office.) Brian Shutt, Assistant City Attorney, stated this resolution starts the process for setting up the special assessment district for the Osceola Park Neighborhood. The beautification that will take place in the neighborhood is from S.E. 2"d Avenue to S.E. 10th Street and S.E. 5th Avenue to Swinton Avenue/FEC Railroad. Mr. Shutt stated the City will be installing the traffic calming, sidewalks, alleys, parking and swales which will be part of the assessable improvements which total approximately $2.65 million. Mr. Shutt stated that cost will be split evenly between the City, the Community Redevelopment Agency (CRA) and the property owners. He stated there is approximately $2 million that the City will be putting in the neighborhood itself that is non-assessable to provide for water main upgrades, drainage improvements, and street resurfacing. Mr. Shutt stated if the City Commission passes this resolution this evening then staff will advertise and come back on October 21, 2008 with another resolution setting the public hearing for the adoption of the preliminary assessment roll which staff will schedule for the second City Commission Meeting on December 9, 2008. Mr. Eliopoulos asked what each household will be assessed. Mr. Shutt stated property owners will be looking at $1,500.00-$2,000.00 for an assessment. Mr. Hasko stated this is a two phase project and is funded over this year and next year and by the time construction is completed and being in a position to enforce the assessments will be approximately three years from now. Mr. Fetzer asked about the results of the survey in the Osceola Park area and whether they support the project or not. In response, Mrs. Butler stated staff received about a 70% approval rate and noted that the survey went out to all property owners. Mr. Fetzer moved to approve Resolution No. 51-08, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.E. SCULPTURE NAME SELECTION/KhTOWLES PARK SCULPTURE PROJECT: Consider approval of a name for John Clement's Sculpture at Knowles Park from the two final selections chosen from the Public Art Advisory - 23 - 10/07/08 Board's naming contest. Richard Hasko, Director of Environmental Services, stated the Public Art Advisory Board has gone through a process of naming the John Clement's Sculpture at Knowles Park. Rich McGloin, Public Art Advisory Board, stated names were placed on the City's website and there were votes. The Board approved the top two votes (1) Ocean Curl or (2) Knowles Knots. Mayor Ellis asked why the Public Art Advisory Board felt this sculpture needed a name. Mr. McGloin stated this is a prominent entrance to the City and to get the City more involved because of the controversy of the piece itself it was decided that the sculpture should be named as well. Prior to the vote, Commissioner Fetzer stated he does not support naming this sculpture. Mr. Bernard moved to approve the name "Knowles Knots" for the John Clement's sculpture at Knowles Park, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer - No; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 1 vote, Commissioner Fetzer dissenting. 9.F. REQUEST ATTORNEY GENERAL'S OPINION/DELRAY BEACH COMMUNITY LAND TRUST (CLT): Consider a request to seek an Attorney General's Opinion as to whether the Sunshine Law and Public Records Law would apply to the Delray Beach Community Land Trust (CLT). The City Attorney stated there has been a request received by David Schmidt, Attorney with the Delray Beach Community Land Trust (DBCLT) requesting that the City agree to obtain an Attorney General's opinion as to whether the DBCLT must operate under the Sunshine Laws as an agency of government. The City Attorney stated the Attorney General requires cities to obtain these requests. Mr. Eliopoulos moved to approve the request to seek an Attorney's Opinion as to whether the Sunshine Law and Public Records Law would apply to the Delray Beach Community Land Trust (CLT), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.G. CONTRACT AWARD/O.T. SERVICES INC.: Consider a contract award to O.T. Services Inc., second low bidder, for annual custodial services and other requested j anitorial services for City buildings in the amount of $118,116.00 per year for Group A services and prices as submitted for Group B through D services. Funding is available from various departmental operating budgets for FY 2008/2009. The City Manager suggested that this item be tabled to October 21, 2008. -24- 10/07/08 Mr. Eliopoulos moved to table to October 21, 2008, seconded by Mr. Fetzer. Upon roll Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 0 vote. 9.H. SETTLEMENT OFFER IN CHARLES AND NORMA POWELL v. CITY OF DELRAY BEACH: Consider Settlement Offers in Charles and Norma Powell v. City of Delray Beach. The City Attorney stated the City received a settlement offer in Charles and Norma Powell v. City of Delray Beach. The settlement offer is for $222,735.53 and staff suggests a counter offer should the Commission not want to approve the settlement offer as requested. Staff recommends approval of a settlement counter offer where the City would pave the alleyway adjacent to Mr. Powell's property and pay Mr. Powell $5,000.00 towards any expenses that he may have incurred in these two cases. Mr. Eliopoulos moved to approve the Settlement Offer in Charles and Norma Powell v. City of Delray Beach for the amount of $222,735.53, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. Bernard - No; Mayor Ellis - No. Said motion to approve the Settlement Offer was DENIED with a 4 to 0 vote. Mr. Eliopoulos stated moved to approve the City Attorney's recommendations (1) that the City will pave the alleyway adjacent to the Plaintiffs' property at the City's cost; and (2) the City will pay an amount of $5,000.00 to cover some of the Plaintiffs' court costs, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.I. MOTION TO RESCIND WAIVER REQUEST FOR ST. GEORGE SUITES ORDER: Consider a Motion to Rescind the Waiver Request for St. George Suites Order dated September 3, 2008. Commissioner Eliopoulos stated he made this request and stated he did receive a call from Mr. Brewer stating that he felt that he was not properly informed; however, staff feels Mr. Brewer was informed of the situation. Mr. Brewer also felt that there were some other circumstances that needed to be brought to the City's attention and Mr. Eliopoulos stated he informed him that it would require a vote of 4 to 0 in order for the Commission to consider this at a later meeting. Mr. Bernard moved to rescind the waiver request for St. George Suites Order, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard - No; Mayor Ellis - No; Mr. Eliopoulos -Yes; Mr. Fetzer - No. Said motion to rescind the waiver request was DENIED with a 3 to 1 vote. - 25 - 10/07/08 9_J. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve an unexpired term ending on August 31, 2009. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she wished to appoint Bryce Newell as an alternate member to the Board of Adjustment to serve an unexpired term ending on August 31, 2009. Mr. Eliopoulos so moved, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 0 vote. 9.K APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint three (3) regular members (one member each for Zones 1, 5, & 6) and an At Large Representative to the Neighborhood Advisory Council for three (3) year terms ending July 31, 2011. Based upon the rotation system, the appointments will be made by Mayor Ellis (Seat #5) Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner McDuffie (Seat #3). Mayor Ellis stated she wished to reappoint Patricia Westall (At Large Representative) as a regular member to the Neighborhood Advisory Council for a three (3) year term ending July 31, 201 L Mr. Fetzer so moved, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to reappoint Gail-Lee McDermott (Zone 5) as a regular member to the Neighborhood Advisory Council for a three (3) year term ending July 31, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to reappoint Linda Prior (Zone 6) as a regular member to the Neighborhood Advisory Council for a three (3) year term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie's appointment (Zone 1) will be deferred to the regular meeting of October 21, 2008. 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 -26- 10/07/08 The City Manager stated he appreciates the opportunity to attend the City Manager's Convention in Richmond, Virginia. He stated that there were a lot of good sessions and good ideas and he received some material on developing a wellness program. He forwarded the information to the Human Resources Department. Secondly, the City Manager commented about Mrs. West celebrating her 100th birthday. He stated this reminded him of a presentation on aging and the oldest person to run a marathon was a 101 year old Englishman taking him nine hours to complete. 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 stated he attended a Habitat for Humanity fundraiser last night and noted they are doing some great things and are really working to help the community with affordable housing. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated he received an email with regards to former Commissioner Jon Levinson stepping down from the Community Land Trust (CLT) and thanked him for all the time he put into this effort. Secondly, he commented on the Delray Leadership and noted there was a very large group which was very encouraging. Lastly, Mr. Eliopoulos stated he attended the Delray Beach Chamber Gala last week and had a great time. He stated the City Manager received an award for the City of Delray Beach for two projects those being the Environmental Services building and the Old School Square Parking Garage. 13.C.3. Mayor Ellis Mayor Ellis stated she too attended the Delray Beach Chamber Gala and commented that we have some really savvy business people who get recognized along with the community service awards. -27- 10/07/08 13.C.4. Mr. Bernard Mr. Bernard stated he is sorry he missed the Delray Beach Chamber Gala because he was in Haiti during that time. He stated the group of people who did go with him to Haiti felt that they made a difference. Secondly, Mr. Bernard stated he would like to see us get an early voting site in Delray Beach and although the City made a lot of efforts they were not successful. Mr. Bernard stated he is disappointed that the City of Boynton Beach and the City of Boca Raton was able to get an early voting site but Delray Beach could not. He stated one of the reasons Delray Beach could not obtain an early voting site is because the library would like to charge the Supervisor of Elections $500.00 per day to have a voting site there. Mr. Bernard stated he believes that if the citizens of Delray Beach desire to have an early voting site in Delray Beach and with the City of Delray Beach and the Community Redevelopment Agency (CRA) contributing approximately $1.7 million to the Delray Beach Library that it would be possible. Although they are a separate non- profit organization, he feels the Delray Beach Library should be accommodating in terms of trying to get an early voting site for the citizens of Delray Beach. Brief discussion between the City Manager and the City Attorney followed. The City Manager stated there are local delegation hearings coming up and the City will have the opportunity to file bills to expand the types of locations where the City can have early voting. After brief discussion, it was the consensus of the Commission to pursue this issue with the Supervisor of the Elections and the Delray Beach Library Board for future elections since it is now past the deadline for this election cycle. There being no further business, Mayor Ellis declared the meeting adjourned at 8:25 p.m. City Clerk ATTEST: MAYOR - 28 - 10/07/08 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 October 7, 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. -29- 10/07/08 SPECIAL/WORKSHOP MEETING OCTOBER 14, 2008 A Special/Workshop Meeting of the CitS~ Commission of the City of Delra~~ 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, October 14, 2008. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Rube, CitS~ Attorne~~ Chevelle D. Nubin, CitS~ Clerk Mayor Rita Ellis called the special meeting to order and announced that it had been called for the purpose of considering the following Items: SPECIAL MEETING AGENDA Ma~~or Ellis noted that the meeting the Special Meeting Agenda was advertised for 7:00 p.m. and at that time they will move to the Special Items. Susan Ruby stated that Items A and A.1. only were advertised and therefore the other special meeting items can be heard now. B. CONTRACT AWARD/O.T. SERVICES INC.: Consider a contract award to O.T. Services Inc., second low bidder, for annual custodial services and other requested janitorial services for CitS~ buildings in the amount of X118,116.00 per ~~ear for Group A services and prices as submitted for Group B through D services. Funding is available from various departmental operating budgets for FY 2008/2009. Mr. David T. Harden, City Manager spoke briefly and stated that Patsy Nadal, Purchasing Manager will give background information on this item. Patsy Nadal, Purchasing Manager, presented this item and explained the RFP process for Specification #2008-41 group A through D. City staff interviewed and ranked the three (3) lowest bidders as follows: O.T. Services, Inc., Decicco's Commercial Services, Inc., and Sparkling Image. Pats~~ Nadal introduced Sharon L'Herrou, Administrative Officer for the Police Department. Mrs. L'Herrou spoke and gave a brief statement regarding the top bidders. Mrs. L'Herrou stated that O.T. Services, Inc. is a known entity to the Police Department, the~~ had provided janitorial services in the past and they were satisfied with their work and quality of services. Mr. Bernard asked how many of the 143 full-time employees are assigned to the City of Delray. Patsy Nadal advised that there are 43 employees assigned to the City. Mr. Eliopoulos moved to approve the Contract Award to O.T. Services, Inc., seconded by Mr. Fetzer. Upon roll call, the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos. Said motion passed 5-0. C. PROPOSED SOFTWARE CONSULTING CONTRACT: Consider a consulting contract with Barry Strock Consulting Associates, Inc. (BSCA) for a review of financial business software and public safety software. David T. Harden, CitS~ Manager presented this item and recommended the proposed contract be awarded to Barry Strock Consulting Associates, Inc. (BSCA) for a Finance/Public Safety Report Card. Mr. McDuffie advised that he spoke with Mr. Strock over the telephone for an hour regarding the issues confronting the City; and Mr. Strock was very well informed and up to date and was impressed with the conversation. Mr. Eliopoulos expressed concerns about the price and the distance since the company is in Albany, New York. He questioned if there were any other qualified companies closer in proximity. Mr. Harden explained that this could not be bided, however, we could put out a RFP and go through the process but he feels much more comfortable with this company since we have a working relationship with them. Mayor Ellis stated that the IT Department is not concerned with the location of the company. Mr. Harden advised that the company works throughout the countt-~~. Mr. McDuffie explained that Barry Strock Consulting Associates, Inc. (BSCA) will conduct surveys which will not require them to be on site. He advised not to be concerned with the proximity of the company. Mayor Ellis asked if 120 days is reasonable to complete this assignment. It was the consensus of the Commission to the contract with Barry Strock. Mr. McDuffie moved to approve the Proposed Software Consulting Contract with Barry Strock Consulting Associates, Inc. (BSCA), seconded by Mr. Bernard. Upon roll call, the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed 5-0. 2 October 14, 2008 Mayor Ellis adjourned the Special Meeting at 6:18 p.m. and stated it will re-open at 7:00 p.m. WORKSHOP AGENDA 1. Old School Square Park Master Plan Presentation Richard Hasko, Director of Environmental Services, presented this item and stated that some stakeholders are present. He introduced Former Ma~~or Ja~~ Alperin, Joe Gillie, Executive Director of Old School Square; Robert Currie, representative of Currie Sowards Aguila Architects and Mike Sobczak, Consultant for Glatting Jackson Kercher Anglin, Inc. Mr. Hasko gave a brief PowerPoint presentation of the Old School Square Park Master Plan. Robert Currie, spoke regarding the project and stated the consultants have given the wow factor and ever5rthing the~~ asked for in a most sophisticated wa~~ and it is very well done. Joe Gillie, Executive Director of Old School Square, spoke regarding the project. He stated that the~~ figured out how to try to use the park and the wow factor is the screens and how they are integrated. He mentioned that this is a destination and we have an education obligation to the community to inform them that this will be done in phases. His goal is to get donors to make contributions to the park. He thanked the Commissioners for giving them the opportunity to get this project right and Dick Hasko for his patience. Ma~~or Ellis stated she is very impressed with this drawing and likes it immensel~~. The flexibility is a ke~~ component and it is an excellent job. Mr. Eliopoulos advised that this is a great job. He thanked the stakeholders, designers and staff. It has been done very tastefully; it will bring people to the area to relax and enjoy the environment. The water feature encourages the flow of traffic. It has a lot of flexibility, creativity and input. He mentioned that in the near future hopefull~~ staff can focus on the existing buildings that are on the backside and encourage the owners if the~~ decide to build and provide them with some incentives for parking. Mr. Fetzer thanked everyone involved in this project. Mr. McDuffie thanked Dick Hasko and everyone involved. Mr. Bernard thanked Glatting Jackson for taking the time to listen to the stakeholders and he likes this project. Ma~~or Ellis asked what was needed from the Commission. Mr. Hasko explained that we need to proceed with Phase I of this project. A proposal will be presented to the Commission in the near future. 3 October 14, 2008 2. Proposed Downtown Incentives for Office Building Francisco Perez-Azua, President of Perez Design, Inc. and Vice Chair of the Chamber Economic Development Committee introduced this item and presented a PowerPoint presentation. Mr. Perez-Azua stated that they are here to propose some incentives for the office development in our downtown area. The incentives are for the current infrastructure and will affect the parking area calculation requirements, the single mechanical lifts, certain parking requirements and upper story conversions. He stated the strategies could become real incentives to downtown Delray Beach and recommended that the City retain the services of a specialty consultant to create a comprehensive parking policy. The Economic Development Committee will be defining the business districts within the City and creating a marketing strategy for the Congress Avenue Corridor. He thanked the Economic Development Committee members. Mr. Eliopoulos stated he applauds everyone and would like to move forward. Mr. McDuffie asked if there are any future annexation plans for the western side of the Four Corners. Mr. Harden explained that the northwest corner is to be annexed in 2011. Paul Dorling, Director of Planning and Zoning explained that there are some potentials for the area west of the south side of Atlantic Avenue. Mr. McDuffie thanked everyone that participated. Mr. Fetzer is supportive of this project and would like to move forward. Mr. Bernard stated that he like the idea of the parking policy and recommends restructuring the Parking Management Advisory Board or creating a Parking Management Department to study how we can improve the downtown area in the future. Mayor Ellis commented on the idea of a parking policy. She asked about the recommendations to retain a specialty consultant to analyze the City's current parking and the Parking Policy. Mayor Ellis stated that the small incentives and alternatives will make a business want to move to the area. She thanked everyone and also supports the recommendations. Mr. Harden stated that there are some very good ideas and suggested that it be referred to the Planning and Zoning Department to start the process. He stated that we can fill out the market to get some prices on a consultant for next year's budget. He suggested that staff could work on the parking policy. Mr. McDuffie asked Mr. Perez-Azua about looking at some design planning outside the scope of anyone they have dealt with before. 4 October 14, 2008 Mr. Harden stated there are specialized parking consultants. Mayor Ellis adjourned the Workshop Meeting at 7:14 p.m. and re-opened the Special Meeting, Item SP.A. A. WAVER REQUEST/KITEBOARDING: Consider a request for waiver of the requirements of Section 101.34, "Surfing, Scuba Diving and Jet Skis", of the Code of Ordinances of the City pertaining to prohibition of kiteboarding and other related uses within 300 feet of the Municipal Beach and Section 101.25, Commercial Enterprises; Sale or Rental of Goods or Services", to allow such uses for a special event. (Quasi Judicial Hearing) Mr. Barcinski introduced this item. The City Attorney reminded everyone that this is a quasi-judicial item and asked the Commission to disclose any ex-parte communications. The Commission had no ex parte communications to disclose. The City Clerk swore in those individuals who wished to speak on this item. Lia Feriancek, speaking on behalf of BEST Kiteboarding (Applicant), discussed the kiteboarding event and stated that it had been moved further north as reflected on the revised map. Tom Carney, aggrieved party speaking on behalf of the Seagate Beach Club and the owners of the Seagate Beach Club and the owners of the Seagate Residences, discussed the proposed agreement and Exhibit "C'. In addition, he discussed insurance requirements and stated the agreement will be executed in the next few days. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. McDuffie. Upon roll call, the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed 5-0. 1. SPECIAL EVENT REQUEST/BEST OF THE BEST KITEBOARDING COMPETITION: Approve a special event request to endorse the Best of the Best Kiteboarding Competition sponsored by Best Kiteboarding to be held on December 6, 2008 from 8:00 a.m. to 4:00 p.m. and December 7, 2008 from 9:00 a.m. to 2:30 p.m. on the municipal beach, granting a temporary use permit per LDR Section 2.4.6(F) for use of the municipal beach and Anchor Park and to authorize staff support for lifeguard assistance, EMS assistance, trash pick up and use of the small City stage; and to consider a request to reserve the Anchor Park lot and allow City lifeguards to charge X5.00 per car; contingent receipt of a Certificate of Liability Insurance and Hold Harmless Agreement ten (10) days prior to the event and receipt of a letter of approval from the Seagate Club property owners. Mr. Barcinski stated this item deals with the permit. Commissioner Eliopoulos mentioned the individual who came before the Commission approximately a month ago regarding kiteboarding. He asked that the public be provided education regarding this sport. 5 October 14, 2008 Lia Feriancek stated that safety of the sport is what they want to convey as well as educate the public about the sport. She discussed wind direction for the event. Mr. McDuffie moved to approve this item per staff conditions, seconded b~~ Mr. Eliopoulos. Upon roll call, the Commission voted as follows: Ma~~or Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed 5-0. Ma~~or Ellis adjourned the Special Meeting at 7:26 p.m. and re-opened the Workshop Meeting, Item WS.3. 3. Green Task Force Electronic Bulletin Board Proposal Susan Rube, City Attorne~~, introduced this item and stated Terrill P~~burn, Assistant City Attorne~~, has been working to obtain the Attorne~~ General's Opinion. However, the~~ do not have it yet. She thanked Dan Sloan, member of the Green Task Force, for all of his help regarding contacting a software compan~~. Ms. P~~burn discussed the software costs and the retrieval of information regarding the Sunshine Law. Discussion ensued between staff and the Commission. It was the consensus of the Commission to move forward with this depending on the AG opinion. 4. Review of Marina Historic District Resurvey Recommendations Commissioner Eliopoulos declared a Conflict of Interest on this item and left the conference room. Paul Dorling, Planning and Zoning Director, presented this item and discussed the resurve~~. Commissioner Fetzer inquired as to how this fits in with the requests from the residents who live in the 300 Block. Mr. Dorling stated the~~ would be able to be removed. He stated it will be the property owner's responsibility regarding designation and there are certain notice requirements that would need to be completed. It was the consensus of the Commission to send this to the Historic Preservation Board. 5. Draft Red Light Camera Ordinance The CitS~ Attorne~~ stated this would be a civil citation and not a uniform traffic violation. Mr. Harden stated Palm Beach County has passed an ordinance and is in the process of selecting a vendor. Staff would like to move forward with this. Ma~~or Ellis asked if this is handled beginning to end b~~ the vendor as far as sending out tickets and how do we receive our monies? The City Manager stated the vendor will receive a flat fee not a percentage. Ms. Rube stated someone from the Police Department will review these violations and there is an appeal procedure included. 6 October 14, 2008 Commissioner McDuffie gave a brief overview of the discussion of Red Light Cameras at the Metropolitan Planning Organization Meeting. Commissioner Eliopoulos stated he is looking at this in regards to public safety not specifically as a revenue generator. Mayor Ellis commented that she likes this for public safety. Commissioner Fetzer stated there are pros and cons to this whole thing. If it is used for public safety, then he supports it. He requested to see additional information possibly from the League of Cities regarding Red Light Cameras rather than from vendors. Mr. Harden reiterated that this will be a civil citation handled by the Police Department with the appeal process being handled by the Code Enforcement Board. It was the consensus of the Commission to move forward with this. Mayor Ellis adjourned the Workshop Meeting at 8:09 p.m. CitS~ Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, October 14, 2008, which Minutes were formally approved and adopted by the City Commission on October 21.2008. CitS~ Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 7 October 14, 2008 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS TO ALLOW KITEBOARDING AND SALES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on October 14, 2008 where the applicant is requesting a waiver to allow a kiteboarding event to take place on the municipal beach and to allow the sale of articles, on the municipal beach, associated with the event. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the kiteboarding event and sale of articles. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to Section 101.34(A) of the Code of Ordinances kiteboarding is not allowed. The applicant has requested a waiver to this requirement in order to hold a kiteboarding event on the south end of the municipal beach during December 6 and 7, 2008. Should the waiver of Section 101.34(A) to allow kiteboarding during December 6 and 7, 2008 be granted? Yes 5 No 0 * subject to entering into an agreement with adjacent property owners. Pursuant to Section 101.25 no person may sell or offer for sale any article or thing on the municipal beach and east of the curb along A1A. The applicant has requested a waiver to this requirement in order to offer for sale articles during the kiteboarding event that will be held on the south end of the municipal beach during December 6 and 7, 2008. Should the waiver of Section 101.25 to allow the sale of items on the municipal beach during December 6 and 7, 2008 be granted? Yes 5 No 0 * subject to entering into an agreement with adjacent property owners. 1 3. 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. 4. Based on the entire record before it, the City Commission hereby adopts this Order this 14th day of October, 2008, by a vote of 5 in favor and 0 opposed. ATTEST: ~~ • ~.~ Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 a U C ~ U Q 0 ~o m :r N L V O ~ `o c ~ C ~ O C p rn V N ~ m m a ~ .~., LL t` h N fA ~ ~ ~~ d m r L" 3 Q U a ~' a ~ W ~_ n ~--~ o z~ a. .~ Y ~ F- m ~ aci ,o rn `> m c~ ~ « C7 N c ~ c ~ 1°-' c9 W H N rn H ~~i c y o ~ ;n $ . ~'c ~ ~ ~ ~atSH W °'~ ~ ~ a= a - >~ ~ ~ ~"~ d d ~ L~J ~ ` , t6 V N ~ ~ Q r Q m c ~ O C_ %¢ a ,% , ~~ o ~ ~ Z c 3 ~° J m Z ~ ~ _ I U F- E ~ ) Q a Q `i~ a 0 a to I ~ c w O G ~U Q J l0 m Y N 4f. a ~ •c f ~ N ~ i C Q V O C ¢aa WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the country, as well as by the White House and Congress for more than two decades; and WHEREAS, the arts and humanities affect every aspect of life in America today including the economy, social problem solving, job creation, education, creativity and community livability; and WHEREAS, cites, counties, and states -through their local and state art agencies and representing thousands of cultural organizations -have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month; and WHEREAS, more than 200 cultural organizations in Palm Beach County enriched the lives of residents, visitors and tourists by providing activities last year to more than 3.5 million attendees; and WHEREAS, the non-profit arts industry in Palm Beach County, represented by cultural organizations that participated in the Americans for the Arts Economic Prosperity Study III, strengthens our local economy by generating $209.1 million in economic impact and supported 4,812 full time equivalent jobs in one year alone, and WHEREAS, those same participants provided public financial support by generating more than $9.8 million in local taxes and $9.6 million in State taxes; and WHEREAS, The city of Delray Beach has become a leader in Palm Beach County as a premier arts destination highlighting our Village by the Sea with outstanding cultural venues, special events, festivals and visual and performing arts programs for all ages that are unparalleled in the State of Florida and serve as an unprecedented catalyst for revitalization; and WHEREAS, the Unites States Conference of Mayers tn~animously passed a policy resolution to urge mayors and other elected officials to proclaim October as National Arts and Humanities Month; and WHEREAS, for almost 30 years since the founding of the Palm Beach County Cultural Council by Alex Dreyfoos and others, the City of Delray Beach has consistently recognized the importance of this industry. NOW, THEREFORE, I, RITA ELLIS, Mayer of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of October 2008 as NATIONAL ARTS AND HUMANITIES MONTH in the City of Delray Beach, Florida and urge the citizens of Delray Beach to participate and celebrate the Arts and Humanities through our local Heritage Month and by visiting one of our outstanding cultural organizations, festivals or events. 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 21s` dayof October, 2008. RITA ELLIS MAYOR WHEREAS, the City of Delray Beach recognizes the power of family literacy and the importance of children and parents reading and learning together; and WHEREAS, family literacy activities throughout the year are beneficial to all ages and encourage life long learning opportunities; and WHEREAS, community leaders, educators, policy makers, businesses, parents, and volunteers are encouraged to work together to raise awareness of family literacy and ensure that all children and adults have a fair, equal, and significant opportunity to learn; and WHEREAS, The City of Delray Beach is proud to promote literacy in the month of November as part of the Countywide Families Reading Together program and in support of the Mayor's Literacy Partnership, entitled "Delray Beach.... Get Caught Reading", and WHEREAS, Delray Beach is a place where everyone is encouraged to read and literacy is a core value in the 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 proclaim November 2008 as ~elv~wy 3eac~ ~ ~ ~ 2eau~%v~ To~l~ Mo-v~. 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 21 St day of October 2008. RITA ELLIS MAYO R MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast and Alberta Gaum THROUGH: David Harden, City Manager DATE: October 12, 2008 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 S.P.I.R.I.T. COMMITTEE TO RECOGNIZE THE QUARTERLY SPIRIT AWARD WINNERS PRESENTATION ITEM BEFORE COMMISSION The item before the City Commission is a presentation by the SPIRIT committee to recognize the July- September, 2008 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: Betsy Ring, Parks and Recreation Department and Venice Cobb, City Clerk Department. The following SPIRIT Committee members will conduct the presentation: Alberta Gaum, Parks and Recreation Department, for Betsy Ring Dot Bast, Human Resources, for Venice Cobb Exlarl~l~r A s a lUC+crtu4y a k ~YV»~ ?- Y~.f~ ~'S IN TiiE P~"' SP'1R~T Award N©T~ination Form Nnrr~Tnee Tnforrnation: Name: „~~ Departments ~~ ~ti Phone #:~'~.`~~~ "___,~,_~'2~~C~ T~Torninatrar Tr~farmatiar~: Named tt~~'~.ra L~+~usn~ _ ,,,,, __- _ -- Departrnent~~~ ~yrcr~~s..~ Phone #~~.~ ~~~' ~~ Signs#~re~ Date: ~dl~ fa~ i'he City of Delray Beach SP1Rl7' sward Program awards and recognl~es employees t`vr their exemplary actions in following the Guy's Gore Beliefs by providing exaeptiona! Service through performance by acting wlth lnte€~rify, being Respr~nsible, taking' lnnnvative action, and practicing Tearrru~rnrk. Any City Employee may be nominated provided that he or she has demonstrated {a) an incident outside fire norms! scope of,~oE~ responsibilities, (!~) a history of exemplary City service through actions which dispiay SPlfil"f or, (c) an act cr event which poslfively impacts the city, camrnunity, or generai pubtlc. Please use the space provided below explaining the employee's exemplary service. E*ee! free to attach any supporting documentation i.e. photos, comment cards, etc. Ngminati~s must Tse sulsmitted to Human Ftesoeress as lat$r thfln the 1~ i"riday at• the months at' actober, Sanuary, ~4prit, at~d Daly. SPINET t~arnEn~t[an Farm, i:'age 2 of 2 Revised, July 7, 2x48 To 'Wlwm it y Conan: ~~ ~~ . !~~ ~ ~L ~ Y ward like to take tlse time ~ reeog~ize o~ oftbe City"s e~txanrdiny er~playees. Her name is Bets' and she worl~ at the Cnmm~ity Center i'm. sa~xy ~ do not l~o~r her last name, Wl;omevex was ~crosible far hiring this det}icated empiay~ should be etimmex~ded. I world ~vtite ba hsr directly, but ~ lcanw she is tow hbte to twice credit tar what comes so naturall~r to her I roust give you sazpe ac~rod regaxding may sitnatian. Y ~t~trr~ed. fxotn brag, relatively ~ (with the exeeptio~. srf zny ~~l spirit) and due i~t circw~.stauces that face rr~any.of our ~idiers, ~ have foand. mysell'~onaeless. 11do~ iznporta~y, I lr~ last hope, faith aud. tit in the htrrnan spirit; all. of whiclx were restored by this yo~wg lady, I celled the Community Ceotear with the iate~tisszr, ofasld~rg arre cluestiott. ~ was g to ~d a P~ to take a slu+wer. 'I~ Y~ lady and. I embraced in a ronve~atiur3. azui I a:dmutted. ~ her that ~ was homeless. She stated "we°xe ell a paycheck away from. big where yorx are, anal. Iet rrte ace haw 1 cart help°'. She asked me a couple of cluestioas arzd told. zrfe that she would do sow reseaxch. She wernt online wl~e we were art the pho:ae aid then. asked. zf x wotxtd be kixz~E erro~rgh t4 call bar the follnwi~rxg day, as she ward to make some calls arxd gn oa~line at hrrue and see what she could mod. I xemair~d anonyrrrotrs, with the e~c~:ptinxr ui"telling her my fast uaaane. She was so kind acid cozttpas~ifana~ tlmt Z starbed to wry. Here I arr. a gzown mau, a Veterarx nt~ less grad 1 was sa tonohed by her ge~upne suzcerity, drat ~ could trot heelp but well ug with tears. 'G~here I called ~e fe~lerwirag day, she had sn rxauch informatiax~ foxme t1~at ~ knew she must have spent raucrtless hours of hez awo. time comrp~these refererxces. lam str gratefirl t'a her ~dxrly there were more people like Betsy in this world. I ~~ you for tag the ~ to zcad this lerrgxhy letter. 1 arnt~sing sa~uter at the iaublic lx`brary. . with ~e ~tt~nast sinrcritty. Gad Biers. T.~. ~' ~,~ti~~ R ~.: ,`r,~, 4 '~$ It~1 7WE ?~~4 S.P.T.R.~.T'. Award Program Nornina~'ron t'orm Nominee Taformatian: ~' ~" ~~~ " ~ ~ Name ~,` ~•~?~- ~~~~~~-- - bepartment ~` `~ ' ~ ~ ..~ ~.., ~~;:z .. Supervisor Phone # ~ ~- ~ ~ --c " ~` ~" • 4 a ~ ~ .~ NominatQr Tt3 .grmation: u~ -,~a .:, Name ~ t bepar~-ment . ~ ~ ~ ~~ bate 4 . Phone # „~1~54 3~q~ ~ ~ .. a- Signature ~ ii° Using the 5.P.T.R.T.7, guidelines, descrif,e reason for nomination in one or amore categciries: ~SerVice - ['rr~viding exceptional customer service to other departments, employees, and/or citizens of Delray Beach. • Knowing your customer by listening and understanding their needs, expectations and concerns. Being sensitive fi© their feelings and addressing customer appropriately. • allouving up with a timely response to calls and requests. • Taking the time to explain an action or a °Nt~" response. D Performance is measured by: « Setting realistic priorities, developing plans, taking action in a timely fashion, paying attention to details and doing ifi right the first time. • knticipating problems and identifying opportunities, developing regular status reports and providing updates on pro jests and major tasks. • Being a steward of the public dollars by using resources efficiently and effectively, and evaluafing your performance by customer satisfaction. Nvminatians must !ae submifified fio Human Resources BY the Ist l"riclay of the -nanths af: C]ctaber, January, April, July. C:U3vcurnen[.s and Satti~[$slcobb`.Loca3 Scnin~lTesnFivrary Fntemet FilcstOLK591SC'CFiI"l` Award F'rvgrain Nvtninativn Fonn.doc ~~~ ~~ Y ~~l Nnmiix~tion Forrr~ -- Pale 2 © Infiegrity. • Respecting athers, being courteous and polite. • Keeping your commitments, being honest, direct, and truthful, • Acting prnfessinnnlly and ethiealfy. • Being loyal to the city and acting an what is best far the city. ~f Responsi~aEe: • Taking ownership of yaur work tusk and problems. • Represent the City in a positive manner: appearance, workspace, equipment, etc. • Being prompt for ~ork,~rneeting de©dl fines. O innovative • Looking for new and better ways to da ynur ,~nb. • Thinking' creatively ~ outside the bax. •. Use new`approaches to delivering services Qnd to solve a problem. © Teamwork: ..- • Cooperating ,with others, by going beyond your ral~ to help~the team. • Keep'athers informed and involving others "in yaur work activity when appropriate. • Sharing the credit and recognizing the contribution of others. The above are examples to assist you in the nomination process. Ilse the reverse side of this faun for additional comments. Your input is irs~pnrtant and ~alued~ Original: Human iesources Copy: Na~tinee Nominee`s Supervisor Naminai-ions mast be submitted to Human Resources BY the Est Friday of the months of: October, Jnnr~ary, April, July. Ta whom it may concern: The Spirit Committee or Clther T don't know where to begin. telling you how grateful I am to have been touched by an angel. You never know if they really exist or if you will ever have an encounter with them, if you will ever need one or if it's just something one says to get another to a place of comfort. We'll, now I can truly say, they exist. I work with out ofschool kids year round, and many of them are kids that are our own. (Parents that are employed by the City) Although they came and go I, do not have an outside relationship with the parents. How it Began Earlier this year, xny daughter attended a weekend party and saw another out of school child there. After talking for a while, the parent {City employee) ask if T could give her daughter a ride back since we were going the same way. The Accident C}n any way back, driving an my S.Y..I.V, on T-95, {H.[).V Lane} I heard a noise. I then asked the kids again, "Are you both buckled?" they replied, "Yest" My first thought vacs to pull over beside the road, and so as I began to drive towards the 1$t lane. The closer T got to the side, the louder the noise became. That's when 1 realized I had a flat tire. The kids were scared and began to scream. There was raathing T could do; one of rray hands was on the steering anal the other on the shah:, trying to rr~aintain stability. My car took a turn far the worst, it turned facing the brick wall, a~zd at the speed I was going {4S) I didn't vdant to look, fortunately for us, we did not hit tT7a wall, however the car was clearly out of control at this point, it began to spin in. caxcles. Although the kids were screaming, T could nit hear therm, my body had went into a state of shock. My worst nightmare was taking place and I could not even awake out of at. Ta see my daughter and friend in the rearview mirror screaming az~.d crying without the ability to save them put m.e in a different state. My daughter screamed out, "Tesus will save us rnornmyl" Finally, it carne to an end, still on the first lane on I-95, T remember seeing the prettiest blue sky, while my truck was overturning, T went blank front that point. I was knocked unconscious; my head hit the asphalt, a su#~'ered contusion in my neck and a hole in my arm the size of a quarter. T leaxu.ed later that the two Tittle girls came out with merely a scratch on them.. We All Survived i i ~ Some one called the little girls morn. who imrr~ediateiy came to the accident site. The very second person I called was work., to let them know what had happened to me. Surprisingly, no one came or chocked up on xne from my area. The Accident I~ Over, I Own You 1Vothing.~ Tn the condition that I was in, T was out of work far 3 weeks plus. I had no transportation to get rxiy daughter to and froxr~. school. My angel, Mrs. Venise Cobbs, when she found out, kept my daughter for two weeks at her home, rr~aking sure she was feed, and properly taken care of A single zaother of three, with large responsibilities of her own, though it not as robbery to take an one more. She sacrificed her lunch breaks to drive to Boynton Beach to pick up my daughter from sohaal on the days float she had tutoring. She called and checked on zxae through out my entire tune I was out. She said if I need anything, please don't hesitate to call and she would be there, and she was. This type of `t behavior you carp expect from. family, nat from a stranger (city employee. Since the accident we have become goad friends. And although tune has past, she asked rxurnerous' tunes that her work be unspoken of and refused to take any thankyau's. I-ler heart is a lot bigger than her smile. She does z~at know that I am writing this letter can her behalf, or else she might have intervened, however, ~ could never forget the great things she did from her heart for me and my daughter. I know it's late, and even i.f nothing Games of it. It is good to know what type of employee you have working arnang you. Thanks Mxs. Cobbs. Angels do exist inhuman farm. Sincerely Stephanie Mortara MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Asst. City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 10, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 ACCEPTANCE OF WATER AND SEWER EASEMENT DEEDS/SOUTH COUNTY MENTAL HEALTH CENTER ITEM BEFORE COMMISSION Acceptance of a 12-foot water easement and a 12-foot sewer easement for South County Mental Health Center. BACKGROUND The water and sewer easements are required for City access for any maintenance and operation activities associated with the water and sewer mains that were installed. RECOMMENDATION Staff recommends acceptance of easement deeds. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's.Office 200 N.W. 1st Avenue Defray Beach, Florida 33444 E~aSEIVlE1~T ~EE® THIS II~TDEI®1TiTI~.E, made this day of 200_, by and between . ~ . F. {Y1. ~-1 . ~v°~c . , with a mailing address of 1~1 ~• ~6\w~Ct ~a;~~ '~~party of the first part, and the CITY OF DELRAY SEACH, with a mailing address of 100 N.W. l st Avenue, Delray Beach, Florida 33444, a municipal corporation in. Palm Beach County, State of Florida, party of tl~e second part: ~VITI~~ESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement far the purpose of the construction and maintenance of a sewer rrzain with full and flee right, liberty, and authority to enter upon and to install, operate, and. maintain such sewer main well under, across, thraugh and upon, over, under or within the following described property located in Palen Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second parry, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restt-i.ctions, and reservations of record. That the party of the first part agrees to provide for .the release or subordination of any and all mortgages or liens encumbering this easement.. The party of the first part also agrees to erect no building ar effect any other kind of construction or improvements upon the above- described 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. 1 Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows ox permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #l : PARTY OF THE FIRST PART By: (name printed or typed) WITNESS #2: (na~x~e printed or typed) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before zne this day of 200_ by (frame of officer or agent), of (name of corporation), a (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me ox has produced (type of identifscation) as identification and did/did not take an oath.. Signature of Notary Public State of (SEAL) 2 951 Brokan Sound Parkway, Suite 320 coca Raton, Florida 33487 S€1RVEYING & MAPPING Carlificaie of Authorization No. L~72B4 S~C,~V~ AI'~® I,,,,~1.7P"!~ ^~SIiRIP ! 1Q1'ti ~NQ~ A Su~V~~ Sc~UTH COUNTY MENTAL HO=ACTH CENTER SANITARY SEWER EASEMENT Tei: {561) 241-uses Fax: (sslj 241--5?82 LEGAL DESCRIPTION: A PORTION OF TRACT A, "SOUTH COUNTY MENTAL HEALTI-~ CENTER", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 76 AT PAGE 148 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BITING MORE PARTICULARLY DESCRIBED AS FOLLOWS= COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT A; THENCE SOUTH 88° 45'58" WEST, ALONG THE NORTH LINE OF SAID TRACT A, A DISTANCE OF 141.75 FEET; THENCE SOUTH O1° 14'02" EAST, A DISTANCE OF 92.12 FEET TO THE POINT OF BEGINNING THENCE SOUTH 15° 32'15" EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 74° 27'45" WEST,' A DISTANCE OF 128.19 FEET; THENCE NORTH O1° 14'02" WEST, ALONG THE EAST LINE OF A SANITARY SEWER EASEMENT, AS SHOWN ON SAID PLAT, A DISTANCE OF 10.91 FEET; THENCE SOUTH 88° 45'58" WEST, ALONG THE NORTH LINE OF SAID SANITARY SEWER EASEMENT, A DISTANCE OF 5.77 FEET; THENCE NORTH 74° 27'45" EAST, A DISTANCE OF 131.08 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE C1TY OF DELI;AY 13EAOH, PALM BEACH COUNTY, FLORIDA. N®TES ABBREVIATIONS 1 REPRODUCTIONS dF TH15 SKETCH ARE NOT VALID ~ ARCL~NGTH . ~IITHOUT THE SIGNATURE AND THE QRIGINAL RA151=: L7 coNC• = COR. = CONCRETE CORNER SEAL OF AFL©RIDA LICENSED SURVEYOR ANp MAPPER. O = DELTA (CENTRAL ANGLE ) 2. NQ SEArRCH OF~ Ti-IE PUHL_IC RECORDS WAS MADE D.E. DRAINAGE EASEMENT ilv THE PREPARATION OE THES SKETCH AND DFSCR€PTION L.a. LICENSED BusINE55 . L.S. LICENSED SJRVEYOR 3. BEARINGS SHCWN HEREON ARE BASED ON THE STATE PLANE MON. MONUMENT COORDINATE SYSTEM, TRANSVERSE MERCATOR - FLCRiDA a.R.a. - aI FICIAL RECaRDS 3oo~c EAST ZONE WITH THE SCUT1-I RIGi-iT-OF-VVAY LINE OE LINTCN P.0.8. POINT of BEGINNING , BOULEVARD HAVING A BEARING DF NORTH 88°4€'21" EAST, Ir3A5ED P.O.C. _ P.I3. POINT OE COMMENCEMENT PLAT aaai~ DN COORDINATE VALUES CF PALM k3EACH COUNTY CGNTROL P.B. c. R. ~ °ALivl BEACH couN7v RECaRDs MONUMENTS: '`PITZEN" 'IMAGE" AND "PATTER". ALL DISTANCES PG. _ ?AGE SHOWN AIRS GROUND DISTANCES A SCALE FACTOR DF 1 0000374 P•s.M. Pf?oFE55I0NAL suRVEYOR . . WAS USED FOR TH15 SURVEY. RECORD BEARINGS ARE BASED Riw _ & MAPPER RIGHT-of-wAr CN SAID PLAT, lJ.E. I~TILITY EASEMENT CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHO'+NN HEREON COMP! IFS WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED iN CHAPTER s1G1-~-s, FI_aRiDA ADMINISTRArIV>= canE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAkD SKETCH AND DESCRIPTION !S TRUE AND CORRECT TG THE BEST OF MY KNOWLEDGE ANp RELIEF- P ABED UNDER h~Y pIRECTIDN. ~F OD P VEYOR AND MAPPER LORIDA LICENSE N0. LS51?? LAST PATE OF FIELD WORK ~ NOT A SURVEY r~rolsc+ Norsk: S.CDUNTY MENTAL HEALTH SANITARY SEWER EASEMENT pnr~. 8/5/2008 gas r,a. 07129 owc av: JLH cK•o ay. J5H SHEET 1 OF 2 SKETCH ANA LEGAL DESCRIPTION (NOT ~ suRVE~} P.a.c. ' ' LINTON OFFICE PARK" N.E. ~OR. '~ ~ cP.g.7.~, Pis. 147~148~ ~o~ ~ TRAC~r \fA ` SQVTH COUNTY ~ ~ MENTAL.. HEALTH ~ ~ 12' UTILITY EASEMENT CEN ~ ER -.---1 ~ (P.8.73, PGS,147 & 148? ~-----m _-(P~~_76, PG_148) -- ~~ N88° 45'58"E ~-X294.28' (SATE PLANE) S88° 45'S~"W ~[41.7J' i 8gg° 58`3 i"L 1294.28' tP) N. '• INL I KHI; E H _ ~ --_--_-----_~-.-------------_------_-- ---_ _T~-_-- -~ m_~ ~~-- - ~_ _-~_ --------~----------~ -~-- 10' F:P.~L EASEMEN I ~ 92.12` 3' D.E:~--- S' L.~3.E.-~--i r P,0.8. l 4~r ~~ ~° 2 o'g,5 4~ _.- ',~/S15° 32'15"~ l S88° X5158"W ~3~' - 12.00' 5.7'' { I - -- 5-- PROPOSES j [ `,~8•~~ --12` SANITARY SEV+JER f ~ k " -"a 2~~ ~~5'W EASEMENT -- rS~ ~ ~N01° 14'02"W 10.91' v c ~ I 12' SANI T AR ; SEWER ~AS~MENT TRACT "A" ~ (P.~.7~, PG.148, P.B.C.R-) SOUTH COUNTY ~ MFN € AL_ HEALTH CENTER (P.B.76, PG.148) ~ LINTON BOULEVARfl r- ISIS SKETCH ~~ i I X240 ~I E {. ~ X239 ~~ ~I t ~4 ~ X238 E~~ ~~ I~ ~ i~~ ~ 3I ,-. I~ ~ ~' ~ . { ~ CD i~~ ~ ~ >~ ~~~ 1c~ - ~o~ S ~. ~Q(~ I~~ {=~ I~ 235j I~ I ~d-z Ida 1~~ f ~~~ E~~ ~~i~ E ;,. ~~'`7~ ~d I~ C~ i ~Q~ o M O ~~~ Boa rca. Gl;29 Protect Moms: SOUTH COUT~iTY MENTAL awe are ,1LH scn~E: 1"=40' L t cK•o BY: JSN oAr~: g/~/2G08 SHEET 2 OE 2 LOCATION MAP NOT TO SCALE Prepared by: RETURN: R. B~•ian shaft, Esq. Czty Attaz-ney's ©f~ice 200 N.W. 1st Avenue Delray Beach, Florida 33444 EA~EI~E[~T GEED THIS INI~EIl~'I'~RIE, made this day of , 200 by and between ~~ ~, {~ . ;~.~. , , with a mailing address of R ~: a ' d~ °3 ~ ,party ofthe frst part, and the CITY CAE I)ELItAY 1BEACH, with a mailing a dress of 100 l~.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: ~VITl~ESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with. this right is the further right in the party of the second party, its successors and assigns, of ingress and egress aver and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described 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. 1 Party ofi the first part does hereby fully warrant the title to said land. and will defend the same against the lawful claims of all persons whaznsoever claimed by, through or under it, that it has good right and lawfiil authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement I~3eed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WI-IEREOP, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS ~I : PARTY OI~' THE FIRST PART By: (name printed or typed} WITNESS ~2: (name printed or typed} STATE OlW _.Y. COUNTY OF The foregoing instrument was acknowledged before me this day of 204_ by (name of officer or agent}, of (name of corporation), a {State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced {type of identification) as identification and dial/did not take an oath. (SEAL) Signature of Notary Public - State of 2 ~'XHIl3iT ' q ,• 951 Broken Saund Parkway, Suite 320 Baca Raton, Fiarida 33487 ~ ~ t SURVEYING & MAPPING Certificate of Authorization No. LB7264 S~CETCH AND LEGAL DESCRIPTION KNOT A S~1RO/EY) 50UTH COUNTY MENTAL HEALT!-9 CENTER U1/ATER LINE EASEfVIENT Tei: (561) 241-9988 Fax: (561) 241-5182 LEGAL DESCRIPTION: A 12.00 FOOT WIDE STIP OF LAND IN TRACT A, "SOUTH COUNTY MENTAL HEALTH CENTER", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 76 AT PAGE 148 OF THE PUBLIC RECORDS 01' PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF SAID STRIP BEING MORE PARTICULAR(._Y DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT A, THENCE SOUTH 88° 45'58" WEST, ALONG THE NORTH LINE OF' SAID TRACT A, A DISTANCE OF 180.80 FEET. THENCE SOUTH 01° 14•'02" EAST, A DISTANCE OF 18.00 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE THENCE SOUTH 01° 19'43" EAST, A DISTANCE OF 105.30 FEET TO THE POINT OF TERMINATION. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. NOTES ABE3REVIATIONS 1. RLPRO[7UCTIONS flF Tf-li5 SKETCH ARE NOT VALfO L - ARCLENGTH WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED CONC. - COR. coNCRET~ CORNER SEAT. DE A FLORiDR LICENSED SURVEYpR AND MAPPER. a a ~LTa € CENTRAL aNGLE ~ 2. NO SEARCH QF THE PUE3LIC RECORDS 1N A5 MADE t1.E. = DRAINAGE EASEMi_NT 1N THE PREPARATION OF TfmilS SKETCH AND DESCRiPTICN L.g. _ ~ [clw[~SSD 8€~5INE55 . L. 5. - 3. BEARINGS Si-TOWN HEREON ARE BASED QN THE STATE PLANE MoN. _ E[CENSEp SJRVEYOR ~ar[uMI:NT COORDINATE SYSTEM, TRANSVERSE. MERCATOR - FLORIDA a•R•e• = oFF?CIAL RECORDS goon EAST ZONE WITH THE SOUTH RIGHT-OF-WAY LINE OF LWTCN P•0•~• Pat NT a~ BEG[NNtNO , BOULEVARD I-LAVING A BEARING OF NORTH 88° A1~21°` EAST, BASED ~;~°:c' - P~aTTSflaKGO~M~nrc~~ENr ON COORDINATE VALUES OF PALM BEACH COUNTY CONTROL P.3.c.~. - PaL~n azracx couNTY Rl:coftns MONUMENTS: "PITZEN" "IMAGE" ANp "POTTER". ALL DISTANCES Pc. PaGE 5F=0WN ARE GROUND C7ISTANCES. A SCALE FACTOR OF 1 OL3D0374 P. s. NF. PROFE55[ONAL suRUEYOR . WAS USED FOR THIS SURVEY. RECC3RD BE ARiNGS ARE BASED R /W 8 MAPPER RI GHT-O>--WAY ON 5A1D PLAT. ti.>=. = uTt? [rY t=ASEn~~N~r CERTIFICATI®N I HEREBY CERTiF~Y THAT THE SKETCH AND DESCRIPTION SHOWN HERE.DN COMPLIES WITH MiiN1MEJM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODtr, PURSUANT TD SECTEON 472.027, FLOF2IDA STATUTES, AND TIHAT SAID SKETCH AND DESCRiPT!ON iS TRUE ANp CORRECT TO THE HEST DF MY KNOWLEDGE AND BELIE= A5 PR,~PEIRED U~ MY DIRECTION. JEImF ~.DAi SU 'YOR AND MAPPER F IDA LICENSE N0. LS5111 LAST DATE OF FIELD WDRK ~ NOT A SURVEY Fraleat Nome: S.GOIJNT`' ~IENTAI. HEALTH WATER ~€NE EASEMENT ~A7E> i3/.~,/ JOB NQ. O']12~ ^WG BY: JLH cK•o ey= J5H SHEET 10E 2 SKETCH AN® LEC3AL ~ESCRIPTI~N ~' (NOT 0~ SUR1/E`f} P.O.C. ~~ N.E. coR. "LiNTON OI-DICE PARK" TRACT A ~ ;~~-~ (P.B.73, ~'GS. 147&148} `y__ I SGT ~ SOUTH COUNITY 1 MENTAL HEALTH I ' 12' UTILITY EASEMENT CENTER ---~ '~ (P.f?.73, PGS.147 & 148) -~ (P.E~.76, PG.148) N88° 45'S~"~ 1294.28' (S7A'€€~ PLANS) _ _ - -^-- ~8~° 45~58,.W 16Q.80~ 1 S89° 58'31"E 1294.28' (P) r N. ~~~~ ~ K~e~ ~ ~ __;__~__._______________~ ~_-------~_______-___._______-___ -- ___-------~___----rn-------__~ -~ - ~__---~ -----_-----------_____------__~_~.-----_____~-__ P.O.B. so~° ~4~02~~~ 1o E.P.&L ~AS~UI=NT ~ ~ 18.0 II tP.B.76, PG.148, P.B. C.R.} ~ ~ E ~ o { ~~a r i p o i ~~ I i Cr1 -~ - r ~ ~ `~~ { ` ~ I ~i~~; I ;~E 6`~~ ~ 1 -~ ~"""~-' ~ ~ I I~RO~osEa 12' ~ AT ~ ~ ~ i N~ ------+ ~---- ~I EASEMENT ~ _~ _! I ~p_p,T, ! T,~~ACT "A" SOUTH COUNTY MENTAL HEALTH CENTER (P.B.76, PG.'48) ~~ ¢' s LOCATION MAP NJOT TC SCAI_~ PHIS SKETCH Q z~-1 240 239 31 I II i 238 I ~ `~--- 3' C. C. `~--5' L.B.E. -,. 1237 ll ~: ~ ~~~ ` ~ I 1 ~~ ~ 11236 ~ ~ Ill ~ >~ o~ I ~~ II Q ~ I_ _~-- ~ II II ~ 235 ~, C1. z ,.. Q ----- - -~-- 6,1 ~ r'7{ ~ ~I ~ 234 ~I ~ I~ ~I ~ ~i o~ of ~ 233 alp ~{~ ~i 232 JOB N0. U/129 Prol ect Name: SOUTH COllN7Y ~CNTAL DWG BY: JLH SCALE: 7~~°40` ~ cK•D eY: JSH DAr~: 8/S/2G08 SHEET 2 OF 2 i.INTON 80ULEVARI] L ca O ^~ ~~ O J V Z -~ O V O =a a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a ~_ C~ U (~ N m (~ L 0 0 N O N 0 r MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 9, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 CONTRACT CLOSEOUT (CO NO. 1/FINAL)/ALL-RITE PAVING CONTRACTORS, INC./SW 8TH AVENUE ROADWAY IMPROVEMENTS PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$13,104.45) and final payment amount of $10,523.30 to All-Rite Paving Contractors, Inc. for the completion of the S.W. 8th Avenue Roadway and Drainage Improvements Project #2003-057. BACKGROUND The project scope consisted of road construction to include stabilizing and compacting subgrade, installation of limerock base, asphalt wearing surface, sidewalk, swales, and traffic markings. 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 #649889 to funding accounts 334-3162-541-65.34 (General Construction Fund/Capital Outlay/SW 8th Ave.-SW 11th St.-SW 10th St.) and 448-5461-538- 65.34 (Storm Water Utility Fund/Other Improvements/SW 8th Ave.-SW 11th St.-SW 10th St.). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$13,104.45) and final payment amount of $10,523.30 to All-Rite Paving Contractors, Inc. for the completion of the S.W. 8th Avenue Roadway and Drainage Improvements Project. CITE' ®F I3ELRAY REACFT CHANGE ®I2I}ER TQ QRTGTNAT.. C®NTRACT CHANGE NO. 11)Final (Co~atract Closeout) PROJECT NO. 2®113-057 DATE: PROJECT TITLE: S.W. Sly' Avenue - SW I1t~' Street to SW IO{~' Street Roadway ~ I3rainage Improvements TO CONTRACTOR: All-Rite Paving Contractors, Tnc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PERCENT DECREASE THIS CI-IANGE ORDER 11.54% TOTAL PERCENT DECREASE TO DATE 11.54% $113,500.00 $ 0.00 $113,500.00 - ($13,104.45) $100,395.55 CERTIFIED STATEMENT: I hereby certify that the suppo-ting cost data included is, i~ zny considered. opinion, accurate and that the prices quoted are fair and reasonable. All-Rite Paving Contractors, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk S: SngAdmi:itPi~ojects'.2003'~2Q03-Q57'~OFF[C1AI:~CO 1 Finat AIlRite GC ! 02t ©8,doc SCHEDULE "A•' TO CIIANGE OI2DEId NO. I !FINAL {COITRACT CI.,OSEOUT`j ALI.-RITE PAVING CONTRACTORS, INC. S.W. STII AVENUE IIvIPItOVE11~IE1VTS PIl\ 2003-057 ITEM I)ESCR[PTION I1N8T CONTRACT AWARO CONTRAG7 7 0 PATE NO. E5T' QTY. UNIT PRBGE TOTAL ACT€IAL QTY. UNIT PRICE EXTENDEQ TOTAL PRICE (1I1ANT ApJ. + 1- 1 MobiIizatian LS 1 $ 13,210.00 $13,210.00 1 $13,210.00 $ 13,21D.OD $0.00 2 Maintenance ofTratlsc L.S, 1 $ 2.OpD.00 $2,pOD.OD 1 $2,000.00 $ 2,000.pO $D.00 3 ('learin~~ & Cm~bbing L.S. I $ 6,904.00 $6,9DO.OD 1 $6,900.00 $ fi,900.00 $4.pp 4 Paveiitent Markings & Si na ~e L.S. [ $ 3,2p0Ap $3,2DO.flD 1 $3,200.04 $ 3,200.00 $D,OD 5 Sodded Swale SY 1,G7D $ 5.70 $9,519.D(Y 997 $5.70 $ 5,682.90 -$3,836,1D 6 1112"Asphalt SY 1,88D $ 14.00 $18,800A4 '{718 $10.00 $ i7,18D.OD -$1,fi24.40 7 8"F-hnemck Base SY 2,03(} $ 14.90 $30,247.00 1573 $14,9q $ 7.3,437.70 -$6,809 3D 8 12" Stabilized Subgrade SY 2,14fl $ 4.50 $9,855.D0 1573 $4.50 $ 7,078.50 -$2,776.50 9 Asphalt DrivewayApranlieplacement SY 10 $ 10.fl0 $100.DD 0 $10.D0 $ - .$1Dp,DD 10 Concre€e Urive Way Apron Replacernen€ S.P. 270 $ 5.7D $1,539.40 1036 $5.70 $ 5,905.20 $4,366.2D 11 5' ~4'ide~ Thick Concrete Sldewatk L.F G4D $ 18.25 $1 D,950.04 605 $18.25 $ 11,041.25 $91.25 12 5' wide G" thick side walls L.F'. 20 $ 26.00 $520.00 100 $26.00 $ 2,600.00 $2,080.00 13 As-buiiltsltecordDrawi~sgs L.S. 1 $ 2,150.00 $2,150.DD 1.00 $2,150.00 $ 2,1$0.00 $D.OD 14 Utility allowance L, S. 1 $ 4,ODO.pO $4,OOO.DO 0 $4,000.00 $ - -$4,000.00 15 Viden allowance L.S. i $ 5DD.OD $500.OD 0 $500.00 $ -$5DD.OD 16 Indemnification L.S. 1 $ 10.OD $10.60 1 $10.00 $ 10A0 $0.00 GRAND TOTAL $113,SDO.OD $100,395.55 ($'83,104.45) Original Contract Award $913,500.00 Previous8y Approved C8'anges $D.©0 Total AwardlAPproved to Date $113,500.00 FBnai Con#ract to Date $100,395.55 CHAh~GE DRD~R [VO. 1 1 > 6NAL. $ (93,904.45 Page 1 0[ 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 13, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 AGREEMENT/GOVDEALS/DISPOSAL OF SURPLUS CITY ASSETS ITEM BEFORE COMMISSION Approval of an agreement with GovDeals for the sale of surplus City assets on the GovDeals.com Internet site. BACKGROUND In continuing efforts to implement operating procedures that increase staff efficiency and reduce costs, staff is requesting approval of an agreement with GovDeals to use their online auction service as an alternate method for disposal of surplus City assets. Benefits of this proposal are outlined in the attached memo from the City's Fleet Maintenance Manager. In addition, we have been receiving significantly less revenue selling our surplus item through the County than we did from our own auctions. We believe that using GovDeals will increase our revenue from this source. While our evaluation of this proposal has been from a surplus vehicle disposal perspective, the service can be used for all types of surplus assets. RECOMMENDATION Staff recommends approval of an agreement with GovDeals. Go~Dea~s Sellers Agreement This Agreement is between GovDeals, Inc. ("GovDeals"), a Delaware corporation having its principal place of business at 5913 Carmichael Place, Montgomery, Alabama, 36117 and The City of Delray Beach, having its principal place of business at 100 NW 1St Avenue, Delray Beach, Florida 33444. 1.0 Description of Services: GovDeals provides a means for sellers to list items for sale and for potential buyers to bid upon these items via an Internet-based auction system. Although GovDeals may provide software and applications to the Client to make the listing of items easier, GovDeals is not a party to the actual sale and has no control over the listed information or the ability of the buyer and seller to complete the transaction. 2A GovDeals Responsibilities: In addition to the operation of an Internet auction server, GovDeals will provide the Client with the following services during the term of the Agreement: 2.1 Access to a web-based application ("GovDeals Auction Server") that will help the Client maintain information about assets and submit them to auction. The GovDeals Auction Server will: 2.1.1 Accept descriptive information concerning an asset; 2.1.2 Allow different auction phases based upon dates and times to be specified; 2.1.3 Permit the assignment of certain buyer restrictions during each auction phase; and 2.1.4 Facilitate requests for credits regarding transactions that were not completed. 2.2 Training and support services to implement the GovDeals service, which will include: 2.2.1 Familiarization with the nature and operation of the GovDeals Auction Server; 2.2.2 Guidance in the initial entry of assets; 2.2.3 Procedures for taking and posting pictures of assets; and 2.2.4 Assistance in the development of an implementation plan and schedule. At GovDeals option, training and support services will be provided either on-site or via telephone and the Internet. 2.3 A customer support desk available via telephone or e-mail between the hours of 8:00 a.m. and b:00 p.m., Eastern time, Monday through Friday, except announced holidays. 2.4 Marketing of the on-line auction service to promote use of the site by potential buyers. 3.0 Client Responsibilities: To promote a successful operation and increase the benefits from using GovDeals auction capabilities, the Client agrees to: 3.1 Provide on-site support and resources required to access the GovDeals Auction Server via the Internet; 3.2 Make sufficient personnel related to surplus property disposal available for training, implementation, and initial data entry; GovDeals Sellers Agreement -V.4.5 - 2.25,05 Page 1 Copyright 2001, GovDeals, Inc. 3.3 Cooperate with marketing campaigns, including providing a mailing list of prior auction customers, if available; and 3.4 Utilize GovDeals Auction Server and on-line auction capabilities during the term of this Agreement by: 3,4,1 Listing assets for sale on the GovDeals auction service; 3.4.2 Completing sales transactions for assets sold via this service; 3.4.3 Not selling through some other means any item for which it has received a winning bid via GovDeals for the specific purpose of avoiding the GovDeals fee; and 3.4.4 Not engaging, directly or indirectly, in any activities intended to manipulate or interfere with the bidding process. 4.0 Fees: For any item that is sold as a result of posting it to the GovDeals web site, the following fees apply. 4.1 Where a single auction item does not yield greater than $100,000 in a winning bid, Client agrees to pay GovDeals a fee of seven and one-half percent {7.5%) of the winning bid, but not less than $5.00. 4.2 Where a single auction item yields greater than $100,000, but does not yield greater than $500,000 in a winning bid, Client agrees to pay GovDeals a fee of seven and one-half percent {7.S%} of the winning bid up to $100,000 plus five and one-half percent (SS%) of the winning bid that is in excess of $100,000 up to $500,000. 4.3 Where a single auction item yields greater than $500,000 in a winning bid, Client agrees to pay GovDeals a fee of seven and one-half percent {7.5) of $100,000 of the winning bid, plus a fee of five and one-half percent {5.S%} of $400,000 of the winning bid, plus a fee of three and one-half percent (3.5%) of the amount in excess of $500,000 of the winning bid. 4.4 On occasion, and apart from initial training, Clients request GovDeals to supply on-site assistance to quickly move large amounts of items that have accumulated over a period of time. For this service, and upon mutual agreement between GovDeals and the client, an additional fee will be charged over and above the normal fee schedule shown in 4.1, 4,2 and 4.3 above. For this mutually agreed upon additional fee, GovDeals will go to the Client's site and record asset descriptions, take pictures, load assets to the auction site, and set auction dates. Assets must be arranged in such a manner as to allow GovDeals personnel access to the assets for recording descriptions and taking pictures. If assets are not arranged in the proper manner, Client will provide personnel to assist the GovDeals representatives in arranging the assets for proper presentation. In order to exercise this option, Client must request and agree to the additional fee in writing. This fee does not apply to assets used in the initial training and will not apply when the Client processes its own assets. 5.0 Pa_yment• GovDeals Sellers Agreement -V.4.5 - 2.25.05 Page 2 Copyright 2001, GovDeals, Inc. 51 GovDeals will invoice Client for fees on a periodic basis. Client agrees to remit payment to GovDeals within thirty (30) calendar days, unless an applicable prompt payment act or similar legislation specifies a different time period. 5.2 Client shall promptly, but not more than sixty (60} calendar days after the sale date, notify GovDeals of any transaction that was not consummated. The fees for said transaction shall be credited to the Client during the next invoice period. 6.0 Term of Agreement: This Agreement shall commence an the date it is signed by both parties and will continue far a period of twelve months unless otherwise terminated upon sixty days written notice by either party. This Agreement may be extended upon the written consent of both parties. Either party may request a re-negotiation of the terms hereof during a period sixty days prior to the anniversary date of this Agreement. Any charges owed either party prior to terminating the agreement will remain payable 7.4 Right to Sell and Content: Client will only post items to the GovDeals auction site that the Client has the legal right to sell or dispose of to qualified buyers. Any information pasted will be accurate to the best of Client's ability and not contain anything of a pornographic or objectionable nature. Client agrees to only use links to digital pictures of associated assets as provided for in the GovDeals software, and will not create links to any other site, text or other information without the written consent of GovDeals. 8A Online Sales -Terms and Conditions: Attached hereto are model Online Sales -Terms and Conditions for use by client. At any time during the term of this Agreement, Client may modify the Terms and Conditions. Said substitution modification must be submitted to GovDeals in writing for posting to the GovDeals auction site. The Terms and Conditions posted to the GovDeals auction site shall not modify, amend or affect the provisions of this Agreement 9.0 Informatian_and Security; 91 Client agrees that GovDeals is not responsible for the accuracy of information provided to it by seller(s) and/or buyers}, GovDeals will use reasonable efforts to protect information that is on its web site from inappropriate use and loss. 9.2 Client grants GovDeals anon-exclusive, non-transferable, irrevocable, and royalty-free right to exercise any copyright or publicity rights Client may have in the information it posts to the GovDeals server(s) upon obtaining approval from client. GovDeals agrees to use this information only for its intended purpose in support of this Agreement. 10.4 Interference: Client will not use any programs, routines, or applications in connection with GovDeals that will interfere with the operation of the software or site. Specifically, the Client will only communicate with the GovDeals Auction Server by using software and applications that GovDeals provides or specifically approves in writing. GovDeals Sellers Agreement -V.4.5 - 2.25.05 Page 3 Copyright 2001, GovDeals, Tnc. 11.0 Pro rietar lntellectnal Pro ert Exclusivit and Conlidentialit : The proprietary Internet-based auction system, environment, and components (collectively, the "System"} provided by GovDeals under this Agreement are, and will remain, the exclusive property of GovDeals. GovDeals retains and reserves all rights to the proprietary intellectual property, including, but not limited to, all copyrights and trademarks of and to the System. GovDeals is providing the Client hereunder with a license far said System solely for its own use. Client may not subcontract, sell, lease, transfer, assign or otherwise share said System with any third party. Client acknowledges that the System constitutes the proprietary and confidential property of GovDeals and agrees not to directly or indirectly use, employ, divulge, disclose, transfer, or communicate to any person, firm, corporation or other entity, in any manner whatsoever, any of the System or documentation information provided by GovDeals, subject to the Florida public records laws. In the event of termination of this Agreement, Client shall promptly return to GovDeals or at the option of GovDeals destroy, all documentationlinformation regarding the System. ]2.0 Warranty Disclaimer: GovDeals does not warrant error-free or uninterrupted use of the GovDeals service. The GovDeals web sites, services, software and applications are provided without warranty, express or implied, including, but not limited to, any implied warranties for merchantability or fitness for a particular purpose. GovDeals, its directors, officers, employees, agents andlor affiliates shall not be liable for any loss of profit andlor any direct, indirect, special, incidental or consequential damages resulting from the services offered herein. 13.0 Governance: This Agreement will be governed, interpreted, construed and enforced in accordance with the Laws of the State of Florida, and venue shall be in Palm Beach County. 14.0 Counterparts: This Agreement may be executed in two or mare counterparts, each of which after execution and delivery shall be deemed an original, but all of which shall constitute one and the same instrument. 15.0 Non-Exclusive Engagement: This Agreement is not exclusive. The Client may utilize other disposal approaches, including traditional auctioneer services and sealed bids in addition to GovDeals services. However, it is understood and agreed that the Client will not simultaneously utilize other disposal approaches and GovDeals while an asset is listed on a GovDeals auction. 16.0 Entire Agreement: This Agreement represents the entire understanding between the parties with respect to its subject matter. GovDeals Sellers Agreement -V.4.5 - 2.25.05 Page 4 Copyright 2001, GrovDeais, Inc, THE ABOVE AGREEMENT IS ACCEPTED AND AGREED TO. GovDeals: By: Name: Robert L. DeBardelaben Title: President Name: Title: Date: Date: Primary Contact Person: (Contract development) Name: Taylor Wilkins Title: Sales Representative Southeast Region Telephone Number: (251) 751-9357 Fax Number; (334} 277-0557 e-mail: twilkins@govdeals.com Client Primary Contact Person: Name: Kevin Rumell Title: Fleet Maintenance Superintendent Teleplone Nurnber:(561) 243-7333 Fax Number: (561)272-5366 e-mail: rumell@ci.delray-beach.fl.us By: Primary Contact Person: (Contract implementation) Name: Tom Clark Title: Vice President, Client Services Telephone Number: (800) 613-0156 Fax Number: (615) 846-1154 e-mail: tclark@g_ovde~lls _com Sellers Agreement Mailing Address and Contact Name: Elizabeth Alford Title: Sales Support Assistant 5913 Carmichael Place Montgomery, AL 36117 Telephone Number: {334) 387-0516 Fax Number: (334) 277-0557 e-mail: ealford@ ~ovdeals.eom GovDeals Sellers Agreement -V.4.5 - 2.25.05 Page 5 Copyright 2©OI, GovDeals, Inc. Go~Deals Sellers Agreement Qnline Sales -Terms and Conditi©ns ~~.~:~ e~ Client City , State Online Sales -Terms and Conditions All bidders and other artici ants of this auction a ree that the have read and full understand these terms and agree to be bound thereby. Guaranty Waiver. All property is offered for sale "AS IS, WHERE iS." Cllent {Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages -special, direct, indirect, or consequential. Description Warranty, Seller warrants to the Buyer that the property offered for sale will conform to its description. Any claim for misdescription must be made prior to removal of the property. ff Seller confirms that the property does not conform to the description, Seller will keep the property and refund any money paid. The liability of Client shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final. Personal and property risk. Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the seller and GovDeals from liability therefore. Inspection. Mast items offered for sale are used and may contain defects not immediately detectable. Bidders ma ins ect the ro ert rior to biddin .Bidders must adhere to the inspection dates and times indicated in the item description. Please contact Kevin Rumell, Fleet Superintendent, (561 }243-7333 office - (561) 272-53fi6 fax or e-mail:rumell Qci.delray-beach.fl.us to schedule an inspection. Consideration of Bid. Client reserves the right to reject any and all bids and to withdraw from sale any of the items listed. Buyer's Certificate. Successful bidders will receive a Buyer's Certificate by email from GovDeals, Copyright 2001, GovDeals, Inc. Payment. Payment in full is due not later than 5 business days from the time and date of the Buyer's Certificate. Acce table forms of a ment are: • U. 5. Currency • Certified Cashiers Check • Money Order • Company Check (with Bank Letter guaranteeing funds - mandator) Checks shall be made payable to: Client .Payments shall be made at the location listed in the Buyer's Certificate. Escrow Payment. When the purchase price (of a single item or the aggregate purchase price of multiple items) totals $5,000 or greater, the Seller may require a down payment from the winning Buyer. This non-refundable fee will be 20% of the total purchase-price. When the Seller exercises this option, the Buye_r_will have 48-hours from the time of issuance of the Buyers Certificate, to comply with this requirement. If Buyer fails to comply with this requirement within the stated time frame, the Seller can declare Buyer in default, bar them from further bidding and have them removed from the GovDeals system. If Buyer is in default, Seller may negotiate with next closest bidder, re-list at another auction andlor pursue al( legal proceedings. All monies collected in escrow, will be deducted from total monies due at time of final payment. Removal. Ali items must be removed within 1 D business days from the time and date of issuance of the Buyer's Certificate. Purchases will be released onl u on recei t of a ment as specified. Successful bidders are responsible for loading and removal and any and all property awarded to them from the place where the property is located as indicated on the website and in the Buyer's Certificate. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Client assume responsibility far packing, loading or shipping. Property may be removed between the hours of 9:OOa.m. and 3:flOp.m., Monday through Friday, excluding legal holidays. For additional information, please contact contact: Kevin Rumell, Fleet Superintendent, {561)243-7333 office - (561) 272-5366 fax or e-mail:rumen@ci.delray-beach.fl.us to schedule an inspection. A daily storage fee of $10.00 may be charged for any item not removed within the 10 business days allowed and stated on the Buyer's Certificate. Vehicle Titles. Seller will issue a title or certificate upon receipt of payment. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. Client will not issue replacement titles. ©efault. Default shall include {1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all items within the specified time. Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in the performance of their obligations, Seller may exercise such rights and may pursue such remedies as are provided by law. Seller reserves the right to reclaim and___reself all items not removed by Buyer thi,r~y. (30) days from the expiration of specified removal date. Copyright 2001, GovDeals, Inc. Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees that they have read, fully understand and accept these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified. These Terms and Conditions are dis la ed at the to of each a e of each item listed on GovDeals. State/Local Sales and/or Use Tax. Buyers may be subject to payment of State and/or local sales and/or use tax. Buyers are responsible for contacting the appropriate tax office, completing any forms, and paying any taxes that may be imposed. Sales to Employees. Employees of the Client may bid on the property listed for auction, so long as they do NOT bid while on duty, Copyright 2001, GovDeals, lnc. eray ~~.c Department of Environmental Services 1~ www. delrayesd. com T®: RICHARD C. HASKO, P.E., DIRECTOR OF ENVIRONMENTAL SERVICES Fit®M: KEVIN G. RUMELL FLEET MAINTENANCE SUPERINTENDENT SLTB.dECT: ON-LINE SALE OF CIT4~' ASSETS DATE: OCTOBER 8, 2008 An agreement with GovDeals to sell City assets on-line is being proposed far multiple reasons which I believe will benefit the City of Delray Beach. This venue will streamline the disposition of our assets in several ways that are desirable: o Eliminating costs associated with towing or transporting vehicles to West Palm Beach, to be included in Palm Beach County's auction. This often requires as many as five employees at a time to drive vehicles there, remove vehicle tags, park vehicles, and then be transported back to Delray Beach. o Eliminating lost productivity of Fleet personnel and others, who could otherwise be performing their normal, revenue producing responsibilities of providing service to the City's fleet. o Expand our base of prospective buyers from a regional basis to a virtual global customer base, with access to anyone on the Internet, increasing our exposure and increasing our return an the assets we're selling. a Allows us the latitude to determine the length of time for a listing, beginning bid price, reserve price (if any), and bid increments. o Provides us with the flexibility and control to dictate when we list our assets for sale, when we allow prospective buyers to inspect the assets, and the terms under which the buyers will pay for and pick up the asset that they have purchased. o Allows our customer base to bid on our assets in an open bid format, increasing interest and participation in the bidding process, instead of being discouraged by a format such as the County uses, with sealed bids only. U: twwdatalGovdealslLSemo10-8-O8.doc MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: October 15, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 RESOLUTION 53-08 (SETTING PUBLIC HEARING FOR CONSIDERATION OF THE OSCEOLA PARK SPECIAL ASSESSMENT DISTRICT) ITEM BEFORE COMMISSION The attached resolution, if approved, will set the date for the public hearing, December 9, 2008, regarding the establishment of the Osceola Park Special Assessment District. BACKGROUND Once approved the City Clerk will mail out notices to the individual property owners notifying them of the date of the public hearing and the assessment amount. RECOMMENDATION Staff recommends approval. RESOLUTION NO. 53-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING REGARDING THE CONSIDERATION OF THE OSCEOLA PARK SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the October 7, 2008 meeting, the City Commission declared a necessity for the improvement of the Osceola Park Neighborhood through the adoption of Resolution 51-08; and WHEREAS, pursuant to the requirements of state law and the City's Land Development Regulations, a preliminary assessment roll was prepared showing the lots to be assessed and the amount of the assessments; and WHEREAS, the City Commission must provide notice of the assessments and hold a public hearing prior to the adoption of the preliminary assessment roll. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a public hearing shall be held on December 9, 2008 at 7:00 p.m. at the Delray Beach City Hall City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. At the public hearing, owners of the property to be assessed or any other persons interested therein may appear before said governing authority and be heard as to the propriety and advisability of making such improvements. Section 2. That the City Clerk shall mail notice of the public hearing to each property owner listed in the preliminary assessment roll. Section 3. That the City Clerk shall publish notice of the public hearing in a newspaper of general circulation within the county. Section 4. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on the day of December 9, 2008. ATTEST: MAYOR City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 14, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 RATIFICATIONS OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before Commission for ratification of appointments to the Parking Management Advisory Board. BACKGROUND On July 9, 2008, the West Atlantic Redevelopment Coalition reappointed Mr. Peter Perri as their regular representative on the Parking Management Advisory Board and appointed Mr. Jimmy Weatherspoon as their alternate representative. The terms are for two (2) years ending on July 31, 2010. The original term expiration dates were September 30, 2008; however staff recommends that the ratifications be made for terms ending on July 31, 2010, to comply with the expiration dates required in the City Code. 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 all are registered. RECOMMENDATION RecommendCity Commission approve and ratify the reappointment of Mr. Peter Perri and the appointment of Mr. Jimmy Weatherspoon as an alternate, representatives of the West Atlantic Redevelopment Coalition, for terms ending on July 31, 2010. PARKING MANAGEMENT ADVISORY BOARD 10/08 TERM MEMBERS CATEGORY EXPIRES 08 /31 /09 Charles Halberg P & Z Appt o8/20/07 4870 S. Classical Blvd Ratified 1o/2/m Delra Beach, FL 33445 07/31 /10 David Cook Chamber of Apps 07/18/06 901 SW 33~d Place Commerce Ratified o8/15/06 Reappt 06/02/08 Bo ton Beach FL 33435 ~ ~ Ratified 08/05/08 07/01 /09 William Branning CRA Appt o7/26/07 1461 SW 15th Street Ratifiedo8/21/m Boca Raton, FL 33486 07/31 /10 Peter Pem WARC unexp Appt o5/10/06 65-H NE 4th Avenue Ratifiedm/11/06 Reappt 09/13/06 reg Delra Beach FL 33483 y r Ratified 12/12/06 Reappt 07/09/08 07/31 /10 ran Marincola Appt m/2o/o6 1138 Vista Del Mar Drive DDA Ratified 08/15/06 Reappt o7/14/08 elray Beach, FL 33483 Ratified 08/19/08 The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 01 /31 /10 Mark Denkler, Vice Qiair Atlantic Avenue Comdor Appt o2/21/06 320 NW 9th Street Betw~`en Swinton Avenue Reappt o1/15/08 Delra Beach, FL 33444 and the Intracoastal 01 /31 /10 Alan Komblau Atlantic Avenue Comdor unexp Appt o1/03/08 2472 Par Circle BetwE`en Swinton Avenue Delray Beach, FL 33445 and Interstate 95 01 /31 /10 John Gergen Atlantic Avenue and State unexp Appt 05/06/08 34 South Ocean Blvd Road AIA Comdors and Delray Beach, FL 33444 lying E ast of the Intracoastal Waterwa 01 /31 /10 Cecelia Boone Old School Square Unexp Appt 03/21/06 220 NE 1St Street H1Stor1C Arts DistnCt Reappt o1/15/08 Delra Beach, FL 33444 01 /31 /09 Nancy Schneider Citizen at-Large Appt o1/02/07 41 East Road Delra Beach, FL 33483 01 /31 /09 Troy Wheat, QZair Citizen at-Large Appt 01/06/04 unexp Smith Barney Reappt 01/04/05 Reappt 01/02/07 ~ 55 NE 5 Avenue, Suite 400 Delra Beach, FL 33483 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS 10/08 TERM MEMBERS CATEGORY EXPIRES 07/31 /10 Joe Pike amt 08/18/06 315 Lake Eden Way P & Z Ratified 10/3/06 Reappt o7/21/08 Delray Beach, FL 33444 Ratified 08/19/08 Chamber of Commerce acant 07/31 /10 Peter Arts Appt 06/08/06 1746 Fern Forest Place CRA Ratified 07/11/06 Reappt 06/26/08 Delray Beach, FL 33445 Ratified 08/05/08 07/31 /10 Jimmy Weatherspoon Appt 07/09/08 30 NW 8~ Avenue WARC Delra Beach, FL 33444 07/31 /10 Herman Stevens DDA unexp amt o6/12/06 75 SW 5~ Avenue Ratified 07/11/06 Reappt 07/20/06 Delray Beach, FL 33444 Ratified 09/05/06 Reappt 07/14/08 Ratified 08/19/08 Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner G ary E liopoulos MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 17, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 RESOLUTION N0.56-08/FLORIDA LEAGUE OF CITIES ITEM BEFORE COMMISSION The item before the Commission is consideration of Resolution 56-08 recognizing the "Building Citizenship in the Community: Back to Basics" initiative of the Florida League of Cities and pledging support for this statewide effort. BACKGROUND The City received a letter from the Florida League of Cities (copy attached) regarding their "Building Citizenship in the Community: Back to Basics" initiative. This initiative is a campaign to raise civic awareness and participation. The League requested that we adopt a resolution in support of the initiative. RECOMMENDATION Recommend approval of Resolution 56-08 recognizing the "Building Citizenship in the Community: Back to Basics" initiative of the Florida League of Cities and pledging support for this statewide effort. RESOLUTION NO. 56-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT. WHEREAS, municipal government is the government closest to most citizens, with tremendous daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to, and understanding of, its many responsibilities, and city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida's citizenry receives public services from state, county, school district, and other government levels, educating Florida's citizens of all ages as to the structure and function of all the levels of government, and how to be wise consumers of such services is therefore critically important; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and all citizens about municipal government through a variety of different projects, resources and information; WHEREAS, this initiative will make resources available to cities and their citizens to utilize in furthering their goals for civic education; NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach does hereby encourage all citizens, city government officials and employees to utilize the opportunities and resources available through this initiative. Section 2. That the City of Delray Beach does encourage educational partnerships between city government and schools, as well as civic groups and other organizations. Section 3. That the City of Delray Beach does support and encourage all city governments to actively promote the "Building Citizenship in the Community: Back to Basics" initiative. PASSED AND ADOPTED in regular session on the day of October, 2008 ATTEST: MAYOR City Clerk . ,~ ~ ~~~ "' I,. ~ro~r ~kesidei~t' this ~ ~ ,, ~ s ~~r~~[da ~.;~eag ` . ~s~ ve~~y' hit' -and` t~ ~ ~ . st~~?s, ~~~ i~s ~~~ K~yst: 'carp ..L~~i~oerac}Lz~ - _ believe czt~;gov, ~f~s~t goverzer~t. to tl~e peaple o,~F,Ior~icla _ .; ~ ..w~- ,~ i~Horne Ru3e,° ~~an~. t~.stanc~ Side=b~+- .~ . c~:the~``Q~ I~ulc power of~'l~orid'ars cities. I. •~~o~ t~aatw~ °lnQUg~°~econar~i~ic ii~s a~~~~iev~ ~duGatkt~~i< oci~e~izers; aritl fir~~te ta`'` tude~ts ', ~s o ° t~ ~ e--notx~ •rnax'e ~tliarf ever °~efm~r~ ~dnc~tng onr° citizens on the X15 ~f Eity serv~i'~es -. _ t~ ~ffcctvel'y ~I~ a ciiy i~ ggf~'ig f~.~c essential as zx!e cZ)ntiri~~ ttz_ i3~ ~d to :"tgtzt~n our' mirnicipa 1'ts" d~ tnorc ~!ith, less, sand still. r~airitaiil tyre l~ue~ of se1~iGe den~a~id ~~ our c~~i~s g ~ '~'t~rough my ~resid~t~~tial ;priority:' ~z~t~'~d~~ 'iti~snsl~i~z ~ ~'P~rnnri~;t: ~ac#~ to $asies" ~ eague'wi~?~~' design, ~u~ch ar~~' mariaye a carn~ai'~n t~o ncxe~s,~ cii~ic a.w~~reriess and ~a~icip~tior5. S~~ `mill provide ed~ucatic~n .~~ ~t~r cgnstituents to increase .their awa~retress a#~ tia~~ni~cipfa# issues and Yretp ~heit~ .be~c~nzE sn~arier nntnicipai, services cvrasun~ers, T er~co~age each txru~~ic~paYity. t~ ~~ ~, ~ support cif` th~~s i~nrtiativa. 7~ have attac~cd a resQ°lutio~i~ fob oar council's, cir ~~~ ~ rare X11 active n~u~tiic~palit~ies in the Sunsii~tne. State ~ l 'wciuld ,he wondcrfE~l to l7 _~;~~ci~te yQUr cgnsi~e~~ziorY (~f this re~z~e$~ _ - Furth~r,a ~k-tu~d a~preci are doing 1fl ~qur mrtnr'cipa~~ity. ~'d' like tc~ hear abt~ut yo~rr s~recesses in citizen ~d ai didn't wore. a~. w~tl. Vt~haE do t}~ey think about city. govez-~iment`~ Hosv caul ~l~i.P .between ~~c~efed -officials and •the ;average ~c~itir~e~ x ~ ~'lar-ida's ~ifies, towns _ _ ~':. ;,harp. ybu~ st©~ies wiCh the L~gi~E. ~apprec~i~ate ~otrr ~cnl~ti: 'c,eatgn tt~ l~~ Florida, ;l/eagrx~ of ~ities,~ T~gcti~er.-~ °ure. r~'r~.k~ ~i'i f~~-ence~ ~ . we ~a2read~~~ ~ we `w~i~l~, continue` ~o do so? Sincerely„: ,r+~'~=' ~~~,- i' ~~~i-~riin~~ ~ric~re Pxcsid~nt, Flo~da ~,t;a~u~ of figs Ice `~t~~~' '4V.ellina MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 13, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE ORGANIZATION ITEM BEFORE COMMISSION City Commission is requested to endorse the 3rd Annual Project Holiday sponsored by "You Are Not Alone" and authorize City and staff support as requested. BACKGROUND Project Holiday is a program through which items needed by our service personnel overseas are donated to the You Are Not Alone organization, who with their volunteers will package and send items to our service personnel overseas. They are partnering this year with the Church of the Palms as their non profit group. Attached is additional information about You Are Not Alone and the project. They are not asking for City funding, but are requesting City support and assistance as follows: Support needed from the City includes: . Assistance in preparing and getting out PSA's on the program . Help with promoting and organizing the program . Authorizing City facilities to be used as collection sites for items donated . Assist in providing volunteers to help do the packing of items to be sent Support to be provided by You Are Not Alone and Church of the Palms includes: . Assistance in promoting the project . Pick up and transport of items collected, location to be determined . Provide supervision of packing process . Identify service persons to whom items will be sent . Identify items that are needed . Make follow up calls to volunteers • Ship items and letters The proposed time schedule for this project is as follows: . Week of October 22, 2008 -Kick off program • November 15, 2008 -Deadline for receipt of letters and items needed • November 23, 2008 -Pack all items at Community Center . November 26, 2008 -Deadline to ship RECOMMENDATION Staff recommends approval of staff support as requested for this project. City o eray eac , "You Are Not Alone", and Church o the Pal s Congregation Tea J far 3rd Annual Project olidy The City of Delray Beach and "You Are Not Alone" are working together with Church of the Palms Congregational to gather and ship donations of needed items to deployed local military members in time for 2008 holiday season. The Third Annual Project Holiday begins Wednesday, October 22, 2008 and ends November 21, 2008. "You Are Not Alone" (YANA) is a local group, sponsored by the City of Delray Beach, dedicated to supporting family members and friends of our military service men and women. YANA meets the 4th Thursday of every month at approximately 6:00 pm at the Community Center, where they join together to discuss news, share stories, and offer emotional support and encouragement. Anyone who has a loved one servicing in the military is welcome and encouraged to attend. Church of the Palms is a local non-profit corporation church, who has supported You Are Not Alone for three years. This year they have committed to help send care packages to our local troops overseas. Project Holiday is the cooperative initiative of Delray Beach Vice Mayor Woodie McDuffie, the City Commission and Commissioner Emeritus Alberta McCarthy, (founder of "You Are Not Alone"), and the Church of the Palms Congregational. The entire community is encouraged to donate items listed below at drop boxes in the following locations: Delray Beach City Hall, 100 NW 1st Avenue Delray Beach Community Center - 50 NW 1st Avenue next to City Hall Veterans Park - 802 NE 1st Street off East Atlantic Avenue Pompey Park and Pool - 1101 NW 2nd Street (Martin Luther King Drive) "505" Teen Center - 505 SE 5th Avenue north of Linton Delray Beach Tennis Center - 201 West Atlantic Avenue Delray Beach Municipal Golf Course 2200 Highland Avenue Greater Delray Chamber of Commerce 64 A SE 5th Avenue Delray Beach Public Library 100 West Atlantic Avenue I ems Requested: TRAVEL SIZE -PREFERRED Holiday Decorations All Faiths Thermoguard pads (heating pads) Bags of hard, individually wrapped candy (lifesavers, dollar store hard candy, no chocolates except for tootsie rolls, tootsie roll pops. charm pops, etc) Snacks that can easily be put in their pockets while on duty (fruit cups, peanut butter crackers, etc) Gum Beef jerky, Slim Jims, pepperoni or similar dried meats Boxes of granola bars or similar Individual bags of nuts, dried fruit, trail mix or sunflower seeds Boxed and/or individual drink packets (Crystal Light, Wal-Mart or Target brand, Kool-Aid, hot chocolate, etc) Non-perishable food items Foil packed tuna and chicken Crackers Sun block Lip balm Baby wipes (no bigger than 2 '/z wide packages) Purell hand sanitizer Hand lotion Batteries (AA or AAA) Foot powder Deodorant Toothpaste Socks (white or black knee-hi) Phone cards (AT&T) No Florida Calling Calls; only works in Florida Disposable cameras Used CD's, DVD's (no VHS tapes or cassettes) Letters, notes, holiday cards, encouragements cards NO COFFEE To make a monetary donation to help pay for postage and calling cards, send a check or money order made payable to Project Holiday and mail to: City of Delray Beach, c/o Delores Rangel, 100 NW 1st Avenue, Delray Beach, FL 33444. If you are a City resident with a family member serving overseas and would like a package sent to them or wish to volunteer to pack items for shipment on November 23rd (9:00 am - 3:00 pm), for information please call Delores Rangel at (561) 243-7010 or visit the City's website at www. mydelrayb each. com. MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: October 16, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 FINAL SUBDIVISON PLAT APPROVAL/VILLAGE AT DELRAY ITEM BEFORE COMMISSION The item before the City Commission is that of approval of a preliminary plat, certification of a final plat fora 31.18 acre proposed residential development consisting of 264 apartment units to be platted as Village at Delray. The subject property is located on the east side of Auburn Avenue, south of S.W. 4~' Street. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The property is a re-plat of Tracts A, C, D, F and G of the Auburn Trace plat (Plat Book 64, Pages 184 - 186). The site currently contains sixteen one and two-story multiple family structures that are to be demolished. Of the 31.18 acres contained within this re-plat, only the southern 11.03 acres will be redeveloped as a 264 unit residential complex known as the Village at Delray. The buildings and utility infrastructure within the balance of the re-plat (north of The "Village at Delray" Site Plan) will remain in place until it's suitable for redevelopment. A future development plan to be known as "Village Lakes" will be submitted for this area. The property is presently zoned RM (Multiple Family Residential -Medium Density) and has a Future Land Use Map (FLUM) designation of MD (Medium Density Residential, up to 24 Units per Acre). On April 1, 2008 the City Commission approved a conditional use for the Village at Delray development containing the 264 residential units.One of the conditions of approval was that that a site plan be approved by the Site Plan Review and Appearance Board (SPRAB). This request went before the Site Plan Review and Appearance Board on June 25, 2008 (264 unit multiple family residential development) and was approved, subject to the condition that the property be platted. The plat is now before the City Commission for final action. REVIEW BY OTHERS On December 13, 2007 the Community Redevelopment Agency (CRA) reviewed the conditional use requested and site plan for the proposed 264-unit development and recommended approval. At its meeting of September 15, 2008 the Planning and Zoning Board forwarded a recommendation of approval to the City Commission for the combined preliminary/final plat for Village at Delray. RECOMMENDATION Approve the Preliminary Plat and certify the Final Plat for Village at Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Attachments: . Location Map. • 8.5" x 11" reduction of the plat. 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A~INl94Ya~ 3'S41L 3NId 9z ~~ ~ ~ ~~ ~ e:ulaii I ~ O ~~ .88.9U~ ML..9i.Li.006 . _ - - - - ~ ~ AriPeLY i AG[EI 3+IUlASY ! ~ ~;q .- - ~~ x ~jk Ir_---~...___~_ ~ ' I _ __-_Lacow_......_..___~-----_--_--__--I~ I I ~ b y`____-_ --_ - R\Ofde.EOri-_-_---r~~ - - _l ' 1 ~ 5~ I ~ #al % L- I ] ~~l m^ _ I, L ~ -' m ~ ~I~ ~ $ F ~~1~~ ~~ ~ ~ O ~ r rT- i^sr~l~ amm-m'1J_~_ ~ ~-~_ ~.'-.~-7~._ _ _ 3m_mmn~ T____I 1 "">I w ~ v r ; ~ ~ ~ I _L I i_ I~~ r----w-mnr 7-----a~ i` ' J C ~ ~ ~ N t ~9y Fb s I ~ I I $I I ~ ~~ 1i ~P-1 I r 6rAr r~~~'"' Y Q V~ N Q f V ~ ~~~ 1 I .I Y: 1 g~ ~ € c ~ f~ 1{t ~ ~ a ~ 1 ¢ ~ h3 ~i I~x ~ ~l i~~~ cS r €~ ; ~s I 33~ n - F" ~ n m ~ ~ I _ Ri 1 ~ ~ yl ~ e ~ z O I'= I - FYCi ~~ R ~- W_~I I I ~"'r-~------..J ; 1-.......-_--~--`-seal -_= ~~j, sa m ~ ~ ~N ~ I ~ 1' I ~~ i l l I l f - ~ ~ I I _~L- ---ice a'.~'_^_"_ ~_ ~ _ ______1' _ _ _ _ _ I L _~---- r-` ~ '~ € ~~ ~ I col ~ I \ a e) I€ ill h~ 1 1 3 ~\ _ t_.S L- i I i `I I~stl I 3 3 ~ r ~~ III ~ III L ~~~b ~ _ n ~ `sn~ I1~~~ ~~~; ~ ;~; III ~ s ,eT I I II sLl ~ ~ ~ g >. ~ ~ ~ r's~ ~ T'-_~- I~Pii _ I GI i I I__- r ~-- 1 ~ I ~ ~ \~1i p~- L_'~~ ~ ~R .Ier J$ L_ .L~__J L-___~.r_ 1 1 ~~_'IYh ~ ~ot ~ i !~'Gii __ ~ - riplS_ T~ I f) I l~Itr[ ~~~-~ -iltmmaxe~+~- AJ J~~-~___-__~- ~__---....~..- T '' I V ~~ E 1 i ~u~le~ _ _ _ ~_'Siammo_w' C----J ; ~ T--- I - ' Ld09la)s93b 3iA'IICLYrI MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: October 15, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 AMENDMENT TO AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES ITEM BEFORE COMMISSION Approval to amend the Agreement between the City of Delray Beach and Achievement Centers for Children and Families (ACCF), which is the non-profit partner responsible for carrying out the services, under the City's contract with the Children's Services Council (CSC) of Palm Beach County, Inc. at the Village Academy Beacon Center. The amendment provides an increase in funding allocated to the City by CSC for appropriate operating costs for Village Academy Beacon Center program activities. BACKGROUND The Commission approved the formal Agreement between the City and ACCF for fiscal year 2007/08 at the regular meeting of September 18, 2007 to subcontract Beacon Center Services in the amount of $585,261. This amendment provides for an increase in funding for the Beacon Center by $37,255 coming from the "risk pool" allocation established by CSC at the beginning of the fiscal year. This funding is for services provided during last fiscal year. The new grant award is $622,516 for fiscal year 2007/08. The formal agreement between the City and CSC was already amended to include the increased funding allocation in May 2008. This amendement to the agreement with ACCF is needed for Finance to release the final payment for FY 07/08 to ACCF. FUNDING SOURCE Children's Services Council RECOMMENDATION Staff is recommending City Commission approval of the Amendment to the Agreement between the City of Delray Beach and ACCF to include the additional funds made available from the "risk pool" in the amount of $37,255 providing for a total grant amount of $622,516 for Fiscal Year 07/08. ADDENDUM TO AGREEMENT THIS ADDENDUM is entered into this day of October, 2008 by and between the COMMUNITY CHILD CARE CENTER OF DELRAY BEACH (CCCC), d/b/a Achievement Centers for Children and Families (ACCF) (the "Center") and the City of Delray Beach. ("Provider"). WHEREAS, the parties have entered into that certain Agreement for the Beacon Center at Village Academy, dated September 27, 2007 (the "Original Agreement") where the Provider agreed to provide, on a reimbursement basis, funding for certain services to be furnished by Center; and WHEREAS, the Center is desirous of increasing the encumbrance created by the Agreement by $37,255; and WHEREAS, Provider is agreeable to modifying the Agreement accordingly. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. The above recitals are true and correct. 2. The amount on Page 2, (b), of the Original Agreement is hereby amended to read as follows: $622,516. 3. In all other respects, the Agreement shall remain in full force and effect. In the event of any inconsistency between the terms of the Agreement and the terms of this Addendum, this Addendum shall control. IN WITNESS WHEREOF, the parties have caused this Addendum to be executed by their undersigned duly authorized officers. PROVIDER COMMUNITY CHILD CARE CENTER d/b/a Achievement Centers for Children and Families BY: BY: David T. Harden, City Manager Nancy Hurd, Executive Director City of Delray Beach AGREEMENT THIS AGREEMENT, made this 2~s{ day of September, 2007, by and between the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1St Avenue, Delray Beach, FL 33444 and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, (CCCC), d/b/a Achievement Centers for Children and Families (ACCF), 555 N.W. Ott' Street, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the City received a grant in the amount not to exceed $769.009 from the Children's Service Council (CSC) of Palm Beach County, in support of the Beacon Center at Village Academy Elementary School, located at 400 SW 12th Avenue, Delray Beach, FL, 33444. WHEREAS, the City desires to subcontract with the Community Child Care Center, a local not-for profit organization, to carry out the Service and activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term: This agreement shall commence on October 1, 2007 and terminate on September 30, 2008 with an option to renew annually. This Agreement shall be contingent upon the City's receipt of grant money from the Children's Service Council of Palm Beach County for the Beacon Center at Village Academy Elementary School. 3. Payment: Subject to Paragraph 2 above, transfers from the City to CCCC will be made in accordance with the following procedures: a) The City agrees to reimburse to CCCC for provision of services described in Exhibit "A" (consisting of the Program Compliance Items) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the City's Budget, attached hereto and made a part hereof; and Exhibit "C" (consisting of the Beacon Center Activities) attached hereto and made a part hereof to the extent provided in subparagraph c) below. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by CCCC shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B" and "C" as well as the terms and conditions of this formal Agreement between the City and CCCC. b) The total Payment for services rendered pursuant to this Agreement shall be up to $585,261 for October 1, 2007 through September 30, 2008 and made to CCCC monthly on a reimbursement basis. CCCC shall submit an invoice to the City by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by CCCC under this Agreement, in whatever form reasonably required by City. Subject to the availability of funds, the City will provide reimbursement to CCCC within 30 days after receipt of the invoice. CCCC shall submit a final invoice to the City no later than October 10, 2008 (with appropriate documentation). The City will not reimburse CCCC for any expenditure made by CCCC after September 30, 2008. The City has the discretion to decrease CCCC's allocation based upon the program's inability to meet the parameters outlined in the program model and/or the inability to maintain program capacity based upon quarterly reviews. 4. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCCC will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a) during the course of reviewing a budget revision submitted by CCCC pursuant to the City's procedures or (b) based upon the City's monitoring of CCCC's program and its expenditure history. Before any such reduction becomes final, CCCC will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board on this issue shall be final. If the City reduces the dollar amount, CCCC may terminate this Agreement upon five (5) days notice in writing to the City. The City shall reimburse CCCC for all monies expended up to and including the effective date of the termination. 5. Overpayment: CCCC agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCCC to the City as follows: a. Within twenty (20) days from the date of written notification by the City to CCCC of overpayment or disallowance; or b. Within thirty (30) days following the end of this Agreement. c. The City shall have the right to deduct from any subsequent payment request submitted by CCCC, the amount of any overpayments or disallowed funds. 2 6. Suspension of Payment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCCC or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCCC from incurring additional obligation of any funds received from the City, pending corrective action by CCCC or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of CCCC's operations funded by the City. 7. CCCC agrees to comply with all CSC certification documentation requirements including, but not limited to: ^ CSC Nepotism Policy Certification; ^ Personnel Policies and Procedures; ^ Job Descriptions of all funded staff positions; ^ Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds); ^ License(s) to operate agency/program, if applicable; ^ Current list of Subcontractor's board members; ^ Sales Tax Exemption Certificate; ^ Service site(s) Fire Inspection Certificate(s), if applicable; ^ Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the City. 8. The CCCC agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. 9. Indemnification: CCCC shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCCC or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCCC. 10. Independent Contractor: CCCC is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venture with the City. CCCC shall assume sole and exclusive responsibility for payment of wages to all employees for services performed by them under this Agreement. CCCC shall, with respect to said employees, be responsible for withholding federal income 3 taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 11. Insurance: CCCC shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days notice of cancellation provision. CCCC shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. 12. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: David Harden, City Manager City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 For CCCC: Nancy Hurd, Executive Director 555 N.W. 4th Street Delray Beach, FL 33444 13. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCCC. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCCC. If the City intends to terminate this Agreement, notice shall be provided in writing to CCCC no less than twenty-four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCCC for past breaches of this Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCCC and the City may each terminate this contract with or without cause provided that CCCC or City shall give sixty (60) days notice in writing to City or CCCC. The City shall reimburse CCCC for all monies 4 CCCC has expended up to and including the effective date of the termination and CCCC shall do the same. 14. Venue/Laws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. Entire Agreement. This Agreement along with Exhibits "A", "B" and "C" attached hereto shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understanding and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 16. Assignment or Transfer. This Agreement may not be assigned or transferred by CCCC in whole or part without the written consent of the City. i ' ..~'' ,a,,: ref .:~` ~. the d~ <. °~~« =:~ Approved"'a~ to Legal Form: .OF, the parties have entered into this Agreement on written. `~" CITY O DELRAY BEACH, FLORIDA ~; `' r Rit Ellis, Mayor / { ~ S ~q~ f ,City Attorney ~` 2/ ~ 7 WITNESSES: Print Name c~- ~ : ~~ ~ ~l- d~ (.~ Print ame G ay(G ~. 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EXHIBIT "B" GENERAL CONDITIONS The Agreement entered into between the Children's Services Council of Palm Beach County (the "Council") and the Provider shall be subject to the terms and conditions set forth herein. 1. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by the Provider shall be provided in compliance with all terms and conditions set forth in the Agreement, which incorporates by reference Exhibits "A" and "C" as well as the terms and conditions of this document. 2. The Provider agrees to comply with all applicable federal, state and local laws. 3. The Provider agrees to comply with the following requirements: a. To maintain books, records and documents in accordance with normally accepted accounting procedures and practices, which sufficiently and properly reflect all expenditures of funds provided by the Council under the Agreement. b. To assure that these records shall be available, upon reasonable notice, to inspection, review or audit by the Council and personnel duly authorized by the Council to make such inspection, review or audit. c. To submit, upon completion of the Agreement, a GAO Standard Financial and Compliance Audit ("the Audit"}, complete with management letter, within 180 days of the Provider's fiscal year end. In the event that Provider's fiscal year end occurs prior to the completion of the term of the Agreement, Provider will supply the Audit and accompanying management letter for each of the Provider's fiscal years occurring during the term of the Agreement, each such audit and management letter to be provided within 180 days of Provider's fiscal year end. Note: Section 3.c. is not applicable to governmental entities. d. To maintain and file with the Council such progress, fiscal, inventory, and other reports as the Council may require during the terms of the Agreement. e. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. f. To acknowledge, to the extent feasible and appropriate, Council funding of .the program identified in Exhibit "A" in publications, bulletins, public relations and marketing activities, and stationery of Provider and to display Council logo in accordance with the written guidelines supplied by Council. 4. The Provider agrees: a. To retain all financial records, supporting documents, statistical records and any other documents pertinent to the Agreement for a period of five (5) years following termination of the Agreement or, if an audit has been initiated and audit findings have not been resolved at the end of the five year period, the records shall be retained until resolution of all audit findings. Provider further agrees that atl records, papers, letters, or other documents made or received in conjunction ::ODMA~PCDOCS~CSC_DOCS\52236~1 with the Agreement and the provision of services hereunder shall be subject to public access pursuant to the provisions of Chapter 119, Florida Statutes. The provisions of this paragraph shall survive termination of the Agreement, except that public records which are confidential by or otherwise restricted from disclosure by laws, including as required pursuant to the Health Insurance Portability and Accountability Act, 45 CFR, Parts 160 and 164, must be protected from disclosure. b. Persons duly authorized by the Council shall have full access to and then right to examine any of said materials during said period. c. To permit access by persons duly authorized by the Council, upon reasonable notice, to the program(s) funded by the Council hereunder for purposes of monitoring said program(s). d. To report to the Council during the term of the Agreement any threatened or pending litigation brought against the Provider, including a description of the nature of the claims involved, and, upon request, to furnish information regarding the status of such litigation and copies of pleadings filed therein. e. To accurately report to the Council, in a format deemed acceptable by the Council, all revenues received by or for the program funded pursuant to this Agreement, regardless of source. Revenues include, but are not limited to, Medicaid or insurance reimbursement, donations, grants, and program income; i.e., fees paid for services. In the event the Provider fails to properly report all program revenues and the Council .subsequently learns that such income was not properly disclosed, the Council reserves the right to reduce the amount to be paid to the Provider by the Council. by the amount not disclosed (or, if payment has already been made, to recover said amount), or to terminate the Agreement. f. That those capital items which are to be acquired by the Provider and reimbursed by the Council, shall be subject to the requirements (i) that said items may not be mortgaged, pledged, or hypothecated without the prior written approval of the Council; (ii) that upon termination or earlier cancellation of the Agreement,. at the Council's request, unless there is specific notification that this requirement is waived by the Council, the said item(s) shall be (a) returned (with title being transferred) to the Council or the Council's designee, or (b) reimbursed to the Council at book value (determined by the Council); (iii) that said item(s) shall be maintained in operable condition; and (iv) that said item(s) will be insured in case of loss or theft. g. To obtain Council approval for any proposed changes in the program prior to implementation. h. To submit and maintain a current copy of the following on file with the Council: • Certificates of insurance (liability and theft, and auto if capital equipment or vehicle was purchased with Council funds); • License(s) to operate agency/program, if applicable; • Service site(s) Fire Inspection Certificate(s), if applicable; • Service site(s) Health Inspection Certificate(s), if applicable ::ODMAIPCDOCS~CSC_DOCS~52236~1 i. To obtain written approval from the Council for any proposed changes in the amount of the program budget hereunder prior to implementation. j. The fiscal administration of the Agreement will be pursuant to the Council's "Fiscal Guidelines," a copy of which Provider acknowledges receiving. k. That the following issues or information shall be furnished or resolved within 60 days of execution of the Agreement: submission of copies of all personnel or service provision subcontracts, contracts and/or agreements related to the operation of the program funded hereunder. 5. Provider agrees that, as between the parties to the Agreement, it is solely responsible for operation and management of the program(s) funded hereunder and that the Council has not and will not be involved in any way in such operation and management. To the extent permitted by Florida law, the Provider agrees to indemnify and hold harmless the Council from liability on account of any injuries, damages, omissions, commissions, actions, causes of actions, claims, suits, judgments and damages accruing, including court costs and attorneys' fees (at the trial appellate, post-judgment or bankruptcy procedure level), as a result of services performed or not performed, or any negligent act by the Provider or arising from funding granted or not granted by the Council or any action arising out of the operation of the Agreement. 6. This contract may not be assigned or subcontracted to any other party by. the Provider without the prior written approval of the Council. 7. The Provider shall be responsible for providing general liability insurance coverage at a minimum of $1 million and whatever other insurance coverages are deemed reasonably necessary by the Council, which insurance shall be maintained at all times during the existence of the Agreement and shall name the Council as an "additional insured" there under. Upon execution of the Agreement, the Provider shall furnish the Council with written verification of the existence of such insurance coverage. In the event that the Provider transports children in connection with the program (or any portion thereof) funded by the Council, the Provider shall have general automobile insurance. 8. The Provider shall not use or disclose any information concerning a client served under the Agreement for any purpose not in conformity with federal and state laws and regulations except with the written consent of the client, or his responsible parent or guardian, or when authorized by law. a. The Provider agrees to establish and maintain reasonable procedures and controls for safeguarding records, so that no information contained in the Provider's records, or obtained from others carrying out the terms of the Agreement, shall be used by or disclosed by the Provider, its agents, officers or employees except as provided by law. b. It shall be the responsibility of the Provider to take all reasonable steps necessary to implement promptly such procedures and controls in order to protect the privacy of a client receiving services hereunder and in order to assure the maintenance of confidentiality of any medical or other information pertaining to any such client. :ODMA\PCDOCS\CSC_DOCS152236\1 9. The Provider shall submit to the Council program data, including (i) to the extent permitted by law client identifiable data; and (ii) status of program capacity (staff to client/child/family ratio) as registered by the Council. 10. The Provider shall furnish the Council with reports of the effectiveness of the program and include statistics and data on the number of persons served and such other reports and information that the Council may require. Said reports shall be made as requested from the effective date of the Agreement and in a format provided by the Council. 11. The Provider is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venturer with the Council. The Provider shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed by them under this Agreement. The Provider shall, with respect to said employees, be responsible for withholding federal income taxes, FICA and any other applicable withholding, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 12. The services provided by the Provider hereunder are provided on anon-exclusive basis, and the Council specifically reserves the right to subcontract with others for similar services. The Agreement shall give no rights to any person or entity who is not a party hereto, 13. Payments for services rendered pursuant to the Agreement shall be made to the Provider monthly on a reimbursement basis. Provider shall submit an invoice to the Council by the 10th day of each month following- the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by the Provider under the Agreement, in whatever form reasonably required by Council. Subject to the availability of funds, the Council will provide reimbursement to the Provider within 45 days after receipt of the invoice. Provider shall submit a final invoice to the Council no later than October 31, after the end of each year of the Agreement (with appropriate documentation). The Council will not reimburse Provider for any expenditures made by Provider under the Agreement that are submitted after the October 31 deadline. 14. The Provider agrees to return to the Council any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been property earned under the Agreement. Such funds shall be refunded in full by Provider to the Council as follows: a. within twenty (20) days from the date of written notification by the Council to the Provider of overpayment or disallowance; or b. within thirty (30) days following the end of the Agreement. c. The Council shall have the right to deduct from any subsequent payment request submitted by the Provider, the amount of any overpayments or disallowed funds. :ODMAIPCDOCSICSC_DOCS~52236~1 15. In the event funds to finance the Agreement become unavailable to the Council, the Council may terminate the Agreement upon no less than five (5) days written notice to the Provider. The Council shall be the final authority as to the availability of funds. 16. Notwithstanding any other provision of the Agreement, the Council may terminate the Agreement for any breach by the Provider. If the Council intends to terminate the Agreement, notice shall be provided in writing to the Provider no less than twenty-four (24) hours prior to the effective date of the termination. Alternatively, at its discretion, the Council may, for reasonable cause, suspend the payment of funds pending corrective action by the Provider or pending a decision by the Council to terminate the Agreement. The Council may, for reasonable cause, prohibit the Provider from incurring additional obligation of any funds received from the Council, pending corrective action by the Provider or a decision to terminate the Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of the Provider's operations funded by the Council. The Council's failure to terminate or suspend a Provider for past breaches of the Agreement shall not be construed as a waiver of its -right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. The Provider may terminate this contract with or without cause provided that Provider shall give sixty (60) days notice in writing to Council. The Council shall reimburse the Provider for all monies expended up to and including the effective date of the termination. 17. The Council may assess a charge amounting to five (5%) percent of the Provider's current month's request to the Council for reimbursement for each month that a program is out of compliance with the timely submission of fiscal and programmatic data as required by Sections 3c, 9, 10, and 13 of the Agreement. At the discretion of the Program Review Committee a $10.00 per day charge may be added to the 5% charge for items not submitted within 60 days of the original due date. This charge may also apply if the program does not provide the Council with current copies of the following documents: • Certificates of Insurance • License(s) to Operate Agency/Program • Audit 18. Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in the Agreement may be reduced in the event that the Council determines that the Provider will not spend the entire amount allocated by September 30th fiscal year end, for example inability to maintain program capacity or meet parameter in Exhibit "A". This determination may be made (a) during the course of reviewing a budget revision submitted by the Provider pursuant to the Council's procedures or (b) based upon the Council's monitoring of Provider's program and its expenditure history. Before .any such reduction becomes final, the Provider will be notified in writing of the proposed action and shall have the opportunity to address the Council's Board regarding the proposed. reduction. The decision of the Council's Board on this issue shall be final. If the ::ODMA~PCDOCSICSC_DOCS15223611 Council reduces the dollar amount, the Provider may, within the first 30 days after said Council action, terminate this Agreement upon 24 hours notice. Council shall reimburse Provider for all monies expended up to and including the effective date of the termination. 19. The Agreement, which includes the attached Exhibits "A", "B", and "C" contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of the Agreement shall be deemed to exist or to bind any of the parties hereto. With the possible exception of an adjustment pursuant to paragraph 18 above, the Agreement shall not be modified unless in writing and signed by both parties hereto. 20. As set forth therein, the Agreement may, at the discretion of the Council be renewed. Renewal shaA be accomplished by the Council sending to the Provider, no later than September 1St prior to the fiscal year when the renewal is to commence, a letter setting forth the budget amount for the new fiscal year (and budget documents which would replace Exhibit "C"). Provider shall have until September 30th to provide written notice of its determination not to renew Agreement on the terms proposed in the letter from the Council. In that event, the Agreement shall not be renewed. If no action is taken by the Provider by September 30th, the Agreement will automatically renew for one additional year based on the budget amount set forth in the letter referenced above, subject to the TRIM budgeting process under Section 200.065, Florida Statues. The parties, by mutual agreement, may vary these timelines. 21. The Provider agrees tv comply with the following General Conditions of Award: ^ A designated Provider representative(s) must attend and participate in all appropriate scheduled provider meetings held by the Council and/or staff; ^ Programs will make every effort to obtain .staff that has the cultural competency and language skills to work successfully in the community with the population being served; ^ Based on the law and/or best practices, staff and volunteers must be screened, trained, and receive ongoing supervision by qualified professionals; ^ Provider will notify CSC of any changes that affect the provision of the services, such as changes in personnel; ^ Providers will comply with the Council's Agency Administration and Governance and Nepotism policies; and ^ All staff working in Council funded programs will #ollow the child abuse reporting requirements under Florida law. ::ODMA~PCDOCS\CSC DOCS~52236~1 EXHIBIT "C" Budget ::ODMAIPCDOCS\CSC_DOCS15223611 Exhibit C1 BEACON CENTER AT VILLAGE ACADEMY [- 475] CURRENT & PROPOSED OPERATING BUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) (1) (2) (3) (4) (5) (6) 06-07 07-OS 06-07 07-08 ACCT# TITLE PROG. PROG. °~ °~ BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. Salary Accounts: 569.120 Regular Salaries and Wages $0 $0 Oq° $0 $0 0% Total Salary $0 $0 0% $0 $0 0% Fringe Accounts: 569.210 FICA $0 $0 0% $0 $0 0°k 569.220 Retirement Contributions $0 $0 0% $0 $0 0% 569.230 Life and Health Insurance $0 $0 0°k $0 $0 0% 569.240 Workers Compensation $0 $0 0% $0 $0 0°~ 569.250 Unemployment Compensation $0 $0 0% $0 $0 0°k Total Fringe $0 $0 0% $0 $0 0% Operating Expense Accounts: 600.101 Travel/Transportation $0 $0 0% $0 $0 0% 600.102 Conferences/RegistrationlTravel $0 $0 0% $0 $0 0°k 600.301 Telephone $0 $0 0% $0 $0 0% 600.302 Postage & Shipping $0 $0 0°k $0 $0 0°~ 600.303 Utilities (Power/Water/Gas) $0 $0 0% $0 $0 0% 600.401 Office Supplies $0 $0 0% $0 $0 0% 600.402 Program Supplies $0 $0 0% $0 $0 0% 600.403 Printing $0 $0 0% $0 $0 0% 600.601 Professional Fees $0 $0 0°~6 $0 $0 0% Agency: City of Delray Beach Page 1 Of 2 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved ACCT# TITLE (1) 06-07 PROG. BUDG. (2) 07-08 PROG. BUDG. (3) % CHG. (4) 06-07 ALLOC. (5) 07-08 ALLOC. (6) % CHG. 600.602 Insurance $0 $0 0% $0 $0 0% 600.603 Building Maintenance $0 $0 0% $0 $0 0% 600.604 Equipment Rental/Maintenance $0 $0 0°~ $0 $0 0% 600.605 Specific Assistance to Individuals $0 $0 0°~ $0 $0 0% 600.606 Dues & Subscription $0 $0 0% $0 $0 0°k 600.607 Training & Development $0 $0 0% $0 $0 0% 600.608 Awards & Grants $1,024,000 $1,245,423 22% $853,622 $769,009 -10% 600.609 Sponsored Events $0 $0 0% $0 $0 0% 600.610 Payments to Affiliated Organizations $0 $0 0% $0 $0 0°k 600.611 Miscellaneous $0 $0 0°~ $0 $0 0°k 600.201 Building Space/Rent $0 $0 0% $0 $0 0~° 600.501 Food Service $0 $0 0% $0 $0 0% 600.701 Indirect Cost $0 $0 0% $0 $0 0°~ 600.801 Capital Expenses (Equipment) $0 $0 0°~ $0 $0 0°~ 998 Non-CSC Funded Salaries $0 $0 0°k $0 ~ $0 0°~ 999 Non-CSC Funded Fringe $0 $0 0% $0 $0 0°~ Total Operating Expense $1,024,000 $1,245,423 22°k $853,622 $769,009 -10°k Total Program Expenses: $1,024,000 $1,245,423 22% $853,622 $769,009 -10% Agency: City of Delray Beach Page 2 Of 2 09/05/07 5:45:19 PM Contract: 07-475 Status- Approved Exhibit C2 BEACON CENTER AT VILLAGE ACADEMY [- 475] SALARY AND FRINGE PREPARATION FISCAL YEAR 07-08 Gross Salary In Fringe In Request For Request For Salary Position Employee % nme Salary Program Program Salary Fringe Funding 07-08 07-08 07-08 07-08 07-06 0~° $0 $0 $0 $0 $0 0.00° TOTALS So So $o $o So o.oo~° Agency: City of Delray Beach Page 1 Of 1 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved Exhibit C3 BEACON CENTER AT VILLAGE ACADEMY [- 475] SALARY AND FRINGE PREPARATION NARRATIVE FISCAL YEAR 07-08 DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE! ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.120 Regular Salaries and $0 0°k Wages 569.210 FICA ~ 0% 569.220 Retirement Contributions ~ 0% 569.230 Life and Health Insurance $0 0°k .569.240 Workers Compensation ~ 0°~ 569.250 Unemployment Compensation $0 0% Agency: City of Delray Beach Page 1 Of 5 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE! ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED OPERATING EXPENSE BUDGET NARRATIVE 600.101 TraveUTransportation ~ 0~ ONginal Budget Calculation ~+0 600.102 ConferencesJRegistratio $0 0~ n/Travel Original Budget Calculation ~+0 600.301 Telephone $0 0% Original Budget Calculation =0+0 600.302 Postage & Shipping $0 0% Original Budget Calculation =0+0 . 600.303 Utilities $0 0°k {PowerNVater/Gas) Original Budget Calculation =0+0 600.401 Office Supplies $0 0°k Original Budget Calculation =0+0 600.402 Program Supplies $0 0°k Original Budget Calculation ~+0 Agency: City of Delray Beach Page 2 Of 5 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASI INCREASElDECREASE OR OTHER DECREAS DUNT # ACCOUNT NAME EXPLANATION AS NEEDED 600.403 Printing $0 0% Original Budget Calculation =0+0 600.601 Professional Fees $0 0°k Original Budget Calculation ~+0 600.602 Insurance Original Budget Calculation =0+0 600.603 Building Maintenance Original Budget Calculation ~+0 $0 0% $0 0°k 600.604 Equipment ~ 0°~ RentaUMaintenance Original Budget Calculation ~+0 600.605 Specific Assistance to $0 0% Individuals Original Budget Calculation =0+0 600.606 Dues & Subscription $0 0~° Original Budget Calculation =0+0 600,607 Training & Development $0 0% Original Budget Calculation =0+0 Agency: City of Delray Beach Page 3 Of 5 09/05!07 5:45:19 PM Contract: 07-475 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCEN' JUSTIFICATION OF AMOUNT INCREASI INCREASE/DECREASE OR OTHER DECREAS DUNT # ACCOUNT NAME EXPLANATION AS NEEDED 600.608 Awards & Grants $1,245,423 22% 8/16/2007 8/16/2007 8/16/2007 5/15/2007 5/15/2007 5/15/2007 5/15/2007 -5/15/2008 Community Child Care Center's Share is $585,261 Families First Share is $183,748. All funds provided for carrying out the wraparound services at the Beacon Center at Village Academy Original Budget Calculation =585261+183748+254991+37414+184009 600.609 Sponsored Events $0 0% Original Budget Calculation ~+0 600.610 Payments to Affiliated $0 0% Organizations Original Budget Calculation =0+0 600.611 Miscellaneous $0 0% Original Budget Calculation ~+0 600.201 Building Space/Rent $0 ~°~O Original Budget Galculation ~+0 600.501 Food Service ~ 0°~ Original Budget Calculatlon ~+0 600.701 Indirect Cost $0 0°k Original Budget Calculation =0+0 Agency: City of Delray Beach Page 4 Of 5 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCE~ JUSTIFICATION OF AMOUNT INCREA: iUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREA EXPLANATION AS NEEDED 600.801 Capital Expenses (Equipment) $0 0°k Original Budget Calculation ~+0 998 Non-CSC Funded $0 0% Salaries Original Budget Calculation ~+0 999 Non-CSC Funded $0 0°k Fringe Original Budget Calculatlon ~+0 Agency: City of Delray Beach Page 5 Of 5 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved Exhibit C4 Beacon Center at Village Academy [- 475] SOURCES OF REVENUE Funder Type/Funder 05-06 Total 06-07 Budget 06-07 Amend 06-07 Total 07-08 Budget 07-08 Amend 07-08 Total Percent Increase! Decrease Government City of Delray Beach $80,125 $95,378 $0 $95,378 $52,000 $0 $52,000 -45°k Department of Education $44,000 $0 $0 $0 $0 $0 $0 0% HUD $0 $75,000 $0 $75,000 $37,000 $0 $37,000 -51% $124,125 $170,378 $0 $170,378 $89,000 $0 $89,000 -48% Non-CSC Participant Fees $43,000 $0 $0 $0 $105,000 $0 $105,000 100°k United Way $22,000 $0 $0 $0 $101,600 $0 $101,600 100°k $65,000 $0 $0 $0 $206,600 $0 $206,600 100°k Other Other $0 $0 $0 $0 $13,400 $0 $13,400 100% Private Foundations $175,000 $0 $0 $0 $130,000 $0 $130,000 100°k $175,000 $0 $0 $0 $143,400 $0 $143,400 100% Grand Totai $364,125 $170,378 SO 5170,378 S439,000 SO $439,000 158°k FY 07-08 Totals Total Program Revenue 51,208,009 Total Program Budget 51,245,423 Dlfterence (537,414) Total CSC Allocation $769,009 Agency: City of Delray Beach Page 1 Of 1 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved Exhibit C5 Beacon Center at Village Academy [- 475] SOURCES OF REVENUE NARRATIVE Funder Type/Funder FY 07-08 Totai Narrative Government Clty of Delray Beach $52,000 HUD $37,000 Non-CSC Participant Fees $105,000 United Way $101,600 Other Other $13,400 Private Foundations $130,000 Agency: City of Delray Beach Page 1 Of 1 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved MEMORANDUM TO: Mayor and City Commissioners FROM: Robet A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 14, 2008 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 SPECIAL EVENT REQUEST/DELRAY AFFAIR ITEM BEFORE COMMISSION City Commission is requested to endorse the 47~' Annual Delray Affair to be held April 17-19, 2009, to grant a temporary use permit per LDR's Section 2.4.6 (F) for use of City property and rights-of-way as requested, to provide staff support as outlined in the attached letter and permit, to allow event banners to be hung within the site area and event signage put up 14 days prior to the event per LDR's Section 4.6.7 (F)(3)(f) and (g), to allow all vendor permits to be assigned and approved by the Chamber of Commerce and to allow this to be the only event held on these dates in the City. BACKGROUND Attached is a letter and event permit received from Nancy Stewart for this year's Delray Affair. Also attached are a basic site plan, budget, private security plan and proof of non-profit status. Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support the request with the following conditions: 1. Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning the events proposed on park property. 2. Allow banners to be placed within confines of the event site as may be approved by the Community Improvement Director, as well as event signage per LDR's Section 4.6.7(F)(3)(f) and (g) Estimated overtime cost for this event is approximately $59,140; barricade rental is approximately $1,200 and trash box cost $875. Per event polices and procedures the Chamber of Commerce would be required to pay approximately $37,790 for City overtime costs, $1,200 for barricade rental and $875 for trash boxes. The Palm Beach Post is an event sponsor. RECOMMENDATION Staff recommends approval of the Chamber of Commerce's request with staff recommended conditions, contingent on receipt of a Certificate of General Liability Insurance, Liquor Liability Insurance, and Hold Harmless Agreement. August Z9, 2008 Mayor and City Commission City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor and Commissioners: The Delray Affair, celebrating its 47"' anniversary in 2009, is scheduled for April 17, 18 & 19, 2009 and we would like to request your support once again. We are very proud of the excellent reputation the event has earned over the last 47 years and we attribute a part of the success to the great relationship we have with the City of Delray Beach. The event has a significant economic impact of more than $30 million as measured in our 1998 Economic Impact Study. We also are thrilled to share the news of our most recent accomplishments, one of 200 Best Art Errents in the United States by Sunshine Artist magazine and a Gold, Silver and Bronze Pinnancle Award from the Internatlanal Festivals and Events Association. It is our hope that these designations, along with others received in the past, will assist us in our effort to continue to attracting more tour groups and visitors to Delray Beach during the Affair. In addition to the letter, an official City of Delray Beach Special Event Permit Application has been filed with the City Manager's office and a copy is attached for your review. Please consider approval of the following Delray Affair items: 1. Endorsement by the C+ty Commission as a City supported event; 2. Use of City parking facilities far entertainment and exhibitor parking at Worthing Park, Veterans Park, the City lot behind Hand's, OSS Parking lot, and lot adjacent to Mellow Mushroom Restaurank on Federal Highway northbound just south of Atlantic Avenue; 3. Use of all area within Worthing Park, Veteran's Park, and available OSS parking lot area the exterior grounds of Old School Square (please note that a separate request letter has been sent directly to Old School Square and the owner of Atlantic Plaza}; 4. Blocking off vehicular traffic and parking from: West boundary: NW 1~ Avenue/SW 1~ Avenue East boundary: Intracoastal Waterway North boundary: NE 1~` Street South boundary: SE i~ Street Additionally, blacking access to Atlantic Avenue from each side street in this area from alley to alley and suspension of parking time restrictions; 5. Provide City staff support with representation from Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Community Improvement, Parks & Recreation, and City Managers Office For planning and operation services; OELMY BEACH Greater Delray Beach Chamber of Commerce, Inc. 64-A S.E. Fifth Avenue, Delray Beach, Florida 33483-5302 561-278-0424 • Fax 5b1-278-0555 • chamber@delraybeach.com ~ ~ ~ ~ ~~ Chamber Accredited by United States Chamber of Commerce ,311 ooi Delray Affair -Page 2 6. Allow this to be the only Commission approved event during the Delray Affair time frame. Allow all permits to be assigned by the Chamber of Commerce only, with the exception of the Special Event Parking Lot Concessions; 7. Permission to erect signs promoting the event from Apr#I 3 through April i9, 2009. 8. Permission to erect overhead banners within the confines of the Delray Affair site; 4. City staff overtimes costs to be handled per new event policy. We sincerely appreciate ail of the efforts of the City employees and cook forward to a great Delray Affair in 2009. We hope each of you wilt be a part of the festivities. Sincerely, ~~~ ~~ Nancy Stewart Director of Special Events Greater Delray Beach Chamber of Commerce Cc: Robert Barcinski Attachment: Special went Permit Application cc: David Harden, City Manager Bob Barcinski, Asst, City Manager Chief Anthony Strianese, Police Dept. Lt. Joe Milenkovic, Police Dept./Special Events Chief David James, Fire Dept. Charles Stravino, Asst. Fre Chief John Tomaszewski, Asst. Fire Chief Tim Simmons, Interim Director of Parks & Recr~rtion 5enovian Stephens, Acting Superintendent Parks Maintenance Harold Bellinger, Public Works Orlando Serrano, Traffic Maintenance Supervisor Tim Schmitz, Deputy Director Public Works Lulu Butler, Director of Community Improvement Bill Wood, Delray Beach Chamber of Commerce *Reg/onal Research Assaclates, ,1998 ~' ,~ ~. ~~ ~, ~U y F~ City of Delray Seach Special Event Permit Application PLEASE TYPE OR PRINT Event Name/Title: G! ~ ~ ~n n u u l € f r c~ u ~~~es,_r~ ___ BEACH Event Date{s): f--~. P2~ /7 ~OCJ Times: /U •. UO Ltm - ~ ~ ou ~/~'? ~- P,2.~ r ~ ~. DSO 9 - ! u = uu c~ rn -- . oa rn Per ~ ~ ~a t~ ~ ~~ c ~ - b.~uy ~m Event Sponsor/Producer: ~4 ~ r c~ ~ ~ ~ ee ~ ~ ~C~rn ~J ti.~' O ~ ~c~ m rn ~rz ~ Event Contact/Coordinator: /~.fQ1U~/ ~~~ w4~~ Name: 1~-~C.~. r~ c~y S f ~ W c~~C.~"' Event Address: (o ~( S ~ ~ ~E-h F}cl r ,mac; f~~c~ ~c_ 3~F8~ Telephone NumberaZ 7~ ~3~(] k as Cellular Num er: 0 - E-mail Address: ~ r-~ ~ C(.Et ~ ~.c.~ . CU ~ c.~v~ c.~.~ ~ ~ U ~ v ~ cr ~QTc ~1 ~.. c v t~ ~5 ~ C~/4=J ~l 5 IG~ ~7 ~~. ST r J ~t ~- rv~A c.. G -~ ~ ~r-rr.~ ~ S~ 6ivi Brief History of Event (If applicab ): ~ 4rC_5 Q ~a ~~ ~= Planned Activities (Outline of activitieslnumber of activities, i.e. enterta~ ent, children's rides, games, other pro arras): '~~ ~ ~~ U~tit~aR-~ 1~~~-~UGTt`-f 5 ~ Lc u~ r?~u5c 4 Number of Individuals Served Previous Year (if applicable): ~~ OUO ~ ~d ~~ Describe the targeted population and expected atte dance: 7~~ ~ CUc! nom, rT-.~. ~~.r,r~ ~csa nr~~~ ~~?5d' aUcJ GC'1~` C~f~ 1 ibe hovy the program or ~ a[ o,,~,r~ fi~ w r ect addresses community needs: .n ~ r~~ G Describe your Marlceting/Prornotions Pro am (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other}: ~vrnnTlort ~. l d ~ T'L ~ ~ r4 p [ o~ -~ 1 ~ uc Sr ~ ~ -~~ pia Sponsor Category (please checl~} City oNon-Profit/Gharitable ~ Private Co-Sponsor -Non-ProfitlPrivate c: (If Non-profit attach proof af'S01 c(3), c(4}, c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/locatian}: ~f~rrC.ygL ~UalNt (ST Crt' -~ 5 4co°~Sf~ 1Valt-rf-t: ~~ JT(z~L C" S O u r-r~lr : S ~.. 1'S~ ~TCL-~ l - - - 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 u no (If yes, attach proof of approval} Private Property Use: yes u no (if yes, attach letter giving authorization from property owner} Event budget attached: yes X _ no (Required for all events) Previous year Revenue/Expense summary attached: yes ~ no_ (Required for all events) Do you have cash sponsors far the event: yes_ X no (Indicated on budget} Do you have inkind sponsors for the event: yes~~ no, (indicated on budget} C:1DocumenEs and SettingslLisilDesktoplSpecial Event Patmit Application FINAY. 9.6.07.doc Serving or selling alcoholic beverages: yes~~ ^o (if yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no ~ (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes ~ no Will there be entertainment: yes ~ no {If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes ~ no Requesting Police assistance: yes ~ no {traffic controUsecurity) Will supplement with private security: yes ~ no (If yes, need plan attached) Requesting Emergency Medical assistance: yes ~ no Requesting barricade assistance: yes u no (If no, how are you handling?) Requesting trash removallclean up assistance: yes ~ no (Will be billed to sponsor} CrN-~,u~ 5pdrti~oR5M ~~ rtiJcr~ Requesting trash boxeslcontainers and liners: yes ~ no c~-5T~ m`~~ Requesting stage use: (If yes, check type) Large stage (14' x 36') yes no „~, n Small stage (16' 8 21') ^ Half small stage ($' x 21') ^ Requesting signage: yes X no 'I~pe: 4'x4'Event sign X Parking Signs Banner hanging ~C Indicate dates required (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: yes no x {If yes, size & power) Food and beverage vendors: ~D5 yes X no if yes, approximate number (Health Department approval required) yes ~ no C:1Qocuments and SettingslLisil!]eaktoplSpecial Event Permit Application FINAL 9.ti_07.dac Other vendors: (Indicate type) yes ~ no. ~,C.~51 C.~G~~7" 5~, rte- u5~ ~~~35 _ Tents: yes X no If yes, Haw many ~ ~ What size or size required (If yes, tent permits and fre inspections may be needed) Will the event include amusement rides: yes ~ no (If yes, type and location and copy of Inability insurance required, also requires state license and inspec#ion.) Will the event be gated: (Show on-site map) yes no X Will there be a charge For the event: yes no ~C _ (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no k (If yes, contact Fire Marshal to obtain and complete permit application) WiII there be cooking with compressed gas: yes X no (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes k no (If yes, locate on-site map. If no, indicate haw you will handle restroom needs) Is reserved parking requested; yes k no (If yes, andicate locations and purpose for 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 of Non-Profit Status General Liability Insurance Certificate ~[~Q,. Alcohol Beverage Liability Certificate ~~Proof of Rental Agreement or Authorization Letter from Private Property Owner / Hold Ham~less Agreement Subnnittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event s Major Event 120 days priox to event s Neighborhood Block Party 30 days prior to event C:1~ae~P*+ts and 5ettingslGisilDesktoplspecial Event Permit Appiicafion FINAL 9.6.47.doc Cc.L~ Eve t Contra for/Coordinator Please print: H ovC ~f r~,uGC ~-f ~~~5~~~ Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 15t Avenue, Delray Beach, Florida 33444. Required with permit appilGatlon. For StaJ~' Use Only J Date Received y'~~~a ~ Application fee received ~ ~ C:1Dncuments and SettingslLisilDesktoplSpecial Event Permit Application FINAL 9.5.07.doc 47t~' Annual Delray Affair 2009 Proposed Budge# (April 17 -19, 2009) Ordinary Revenues Jan 09 - DBC 09 2008 ACTUAL 2009 PROPOSED DETAIL 2009 PROPOSED BUDGET Other Revenue ggg~800.00 Booth Fees 185 914.00 195 000.00 A Iication Fees 800 $30 21,653A0 21,000,00 Contract Services 200.04 500.00 Beer Sales 20 695.55 15000.00 RetaiUMerchandise 13,804.98 5000.00 Retail Sales Commission 2,511.00 0.00 Other Income 2,821.10 2,000.00 Ca orate Contributions gg 504.00 S nsorshi 81000.00 61500.00 S eaal Parris atian ours 12 OOO.OD 5000.00 Total Revenue 340 388.65 305 000.00 2009 Ddrq Affair Propatid eudgot - Cky Ordinary Expense s Jan 09 -Dec 09 200$ ACTUAL 20Dg 2008 PROPOSED TOTALS DETAIL 2pOg PROPOSED BUDGET • Personnel-AdminlMarketln 47 000.00 45 000,00 Event Contractor Fee 47 000.00 45 000.00 Outside Professional Services- Artistic 1$6,631.84 143,962.50 Commission (sponsorship safes 1,500.00 2,000.00 Graphic Design-Professional Marketi 8,050.00 5,000.00 A en Commissions 1 510.00 fl,00 Phot ra her 100.00 750,00 Entertainment (Music Acts ~ Booki fee 8,950.00 7,500.00 Outside Professional Services- Other City Services (Fire, Police, P&R, Puhlic Works 35,693.OU 40,000.00 Waste ~ Clean-u Services 10 650.00 10,500.00 Private Securit 5,028.00 7',000.00 S ace Rental for P ram Ole Schaal uare 1 823.00 2,500.00 Marketin AdveRlsin Advertisi Fee rint 2,008.00 2000.00 Advertisi Fee tv 6,800.00 6 500.00 Advel'tlsi Fee radix 0.00 1000.40 Annual Re rt/Co Filin Fee Street Banners 4,033.77 6642.50 Billbaard Printin A licatians 1021.48 845.00 Pins & Recd nitions 1 980.5fi 1,500.00 Exhibitor Pa a 171.80 500,00 Exhibitor Lists 367.74 Miscellaneous 3 660.Op 3,000.00 Web Hayti Television Ads News a rIS eCial Suction Software MealsJEntertainment Pasta e - Maili s 293.43 750.00 TravellSu Iies/Other Event Su Iies/Harrlware 889.87 750.00 Hotel rooms-National Acts Hotel rooms-Staff Meeti slConferenoelDues 340.00 350.00 Gourmet Alle (Soda Water q6 Remainin O ratin enses A argil merchandise 5658.56 4,000.00 200 Mlray Affair Prapos~d Budget - Clty Automobile ex nse Bank Service Charges /Fees 1 Finance Cha es 100.00 100,Q0 Bamcade Rental 1,200.00 1 500.00 Beer cost 6 298.26 8,000.00 Ga itai E ui ent Committee F~c nse 893.12 1 000.00 Cam uteNSoftinrare F~c nse 3,318.78 1000.00 EciucatiaNSeminars 340.00 500.00 Equipment Rental (Port-a-lets, re airs tents tables chairs 8,422.87 11,000.00 Hos italit Suite 2,627.83 2,5pp,pp Ice 528.80 550.00 Insurance Liabil' 2 700.00 2950.00 Insurance Li tror 4,75,Qp Licenses & Permits 653.00 650.00 Member Trade-Outs 978.72 ~45p,Op Radio rental 1,043.25 1 200.00 Re airs Com uter ui ment Sales Tax 10,000.00 10,000.00 Total E.7c Hass 233 631.84 188 982.50 TOTAL. INCOME 340 399.63 305,000.00 TOTAL. EXPENSES TOTAL SURPLUS 238 631.84 108,767.79 190 462,50 116 037.50 2009 alrh- Athir Proposrd ~~t - CNy DELRAY AFFAIR 2009 PRIVATE SECURITY DETAIL (Will be infilling additional positions wifh private security and will forward update. Meeting with Police department mid September.) Friday, April 17th 6:00 a.m. - 3:30 p.m. Hand's Parking Lot (monitoring VlPlmerchantlemployee/resident parking} 10:00 a.m. - B:00 p.m. Beer Garden #ocations - locations at N 4'" Ave and Atlantic Ave. at Palm Square 6:00 p.m. - 5:00 a.m. Old School Square (overnight security) 6:00 p.m. - 5:00 a.m. Atlantic Plaza and Veteran's Park (overnight security) Saturday, April 18th 6:00 a.m. - 3:30 p.m. Hand's Parking Lot (monitoring VIPlmerchanUemployeelresident parking) 10:00 a.m. - 6:00 p.m. Beer Garden locations - locations at N 4'" Ave and Atlantic Ave. at Palm Square 6:00 p.m. - 5:00 a.m. Old School Square (overnight security) 6:00 p.m. - 5:00 a.m. Atlantic Plaza and Veteran's Park (overnight security) Sunday, April 19th 6:00 a.m. - 3:30 p.m. Hand's Parking Lot (monitoring VIP/merchant/empioyeelresident parking) 12:0{3 noon - 6:00 p.m. Beer Garden locations -locations at N 4'" Ave and Atlantic Ave. at Palm Square u15TF2PCT pfAP:CTOp1 -Yu '`~ ~ Jacls:sonti~$, Flo rids nPM1 ~ ~ ~9b7 beLra~ ;:3aach Lh~,ka+~r cf Camerae #i 4 S . E,..5th A~retlua >]9Jxap Bach, F'lr~r~da 3gt~,t(, Ge!~~18m9n: !H 11iMl.Y RtF[A TO . Form ~.l7g + k31+:1'tmd ' i. Fi. CCa! SECTIDH 581t0 ( ~ 1 A4aRES5 IHGUiIiIES AND AtLE >;=TUAN3 Wltii CISTRICT fSlRECT4R Olr tl1TEgNA~ AEVENUq Jac#t9oa~il~.a, ~`~rida +~GGDUFITIHG F'ERI80 END}IiG 17aoem;~er 31 • ~..~~ On the basis a# your staked purposes and the understanding that your apzratians +r.il! continue ns evidenced to dale ar wtll conform lo'thase proposed lrl yout ruling application, tae have concl}sded that ti~au are exemp# from Federal income tax under #he.provlsions of the ]ntarnal Revenue Code section lndlcated above, Any changes in operations from lilo;E decrihed, tic to your character or purposes, must be reported Immediately to your ptstrict DlrPctor Inr c:artsideratlon of their effect upon your exempt status, You must also report any change in your nacre or address. You ore no# required to fit= Fedarai income tax rmtl~rn$ so tang as yo„ retain ern a~nt:rpt slat}fs, unless you are subject la the tax on unralut~d business incarre i,'npasect.hy sect[on 5l! ui the r.;.~~1e, in 4'eltiich event you are requ[rod to file Form 99t7=i'. You are required to ftle un inlorrnatian re#urn, Farm 9q0, annually on oc before the i5th day p[ the flfih month after the close of your artnua! ' acco}}ntlna per[od indlc~ated above, Yoq pre' !!able for the foxes imposed under the federal fllsutance Canlr(hutlons Act {sacic}i security tax=s}; and [or the #ax imposed under the Federal Unemployment Tax Act if you have [our or more indtvi'~~uals In your employ, Any ~~uestlans cancerr}tr}q excise, employment or other Federa] taxis should be submitted to this ofii4e, This !s a determinatlon letter, ~_. f Vrry truly Yours, r ' ~~ • ~ ~ f ' District Direr_tar FoRN L•l79 fa-el- ,~ sac a71~• :11.'r~= _ ~a~ _'iJiw ` . t f ~rom:b~w F'12DM ACG ~-r ~ ~~~ WST#'1t~tA1.ii1i1~OR1~ 511'F To;92746129 08/2112068 10:x$ #315 P.0011001 F'RK Nt1. 51312740129 Aug. 2c 2®ta8 ~9: t34f~t P2 'o:92T46125 o8l~rr2ocB 1G:41 x'90: ~.00~~~002 '1`h3s I.attax of Agreemeo~t between 0]d S4hoo1 Squan. Inc. and C3rcatc; I3elray Beam Chamfer of"~:na~marca coafitm~ a rc;TtaI e~oome~t fcr the euc of the 0SS Er~tertainrncnt Fav~;oti and Grou~zds, fox the annual 1]elzay Affatir to ba t~cl d k.,~ril 17 . i ~, X009. 'l"~e reel ratr: Jn plaC+e as of this data: w~ }nct~esSe, and a ~' sak0 oanaot be $uarant~aed. 'I'fxe new race will tx cani~med and ~uara~nteed na leEer tl~ Septetst~er 1. is become ef+facti~e (?ctober S, Zi}U8, ~ C amber afConunerc~ beta d $ , nc. ~ Dry Wd SieNaat Sgganr~ tt1~, d! K~ BaAnto~~ Averwe Ddir¢y 6ssch, Florida ~ aJt&~OOe ~slep~lZe3~7p2~ Fez(5et124~-7C~p wwrv.ax~e~aa~.aG} MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 16, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF OCTOBER 21, 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 October 6, 2008 through October 17, 2008. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meeting of October 14, 2008 A. Approved with conditions (7 to 0), a new blanket sign program for Astor Condominium, located at the northeast corner of NE 1st Street and NE 2nd Avenue (225-235 NE 1st Street). B. Approved (7 to 0), a Class I site plan modification associated with the facade changes including the addition of strorefront windows and awnings for Huber's Pharmacy, located at the southeast corner of East Atlantic Avenue and SE 2nd Avenue (204 East Atlantic Avenue). C. Approved with conditions (7 to 0), a twenty-four month extension (expiring October 11, 2010) for Ebenezer Wesleyan Methodist Church, located on the east and west sides of SW 6th Avenue, north of SW 2nd Street. D. Approved with condition (7 to 0), a Class I site plan modification and landscape plan associated with the removal of existing landscape materials and the installation of new landscape materials along the Ocean Boulevard frontage of the property for Bermuda High Condominium, located on the east side of Ocean Boulevard, south of Linton Boulevard (2075 South Ocean Boulevard). E. Postponed with direction (6 to 1, Connor Lynch dissenting), a Class II site plan modification and building elevations associated with the construction of a 90-foot high stealth T-Mobile Telecommunication Tower at Bawick Park, located at the northeast corner of Barwick Road and Lake Ida Road (735 Barwick Road). The Board suggested that the applicant investigate the use of other stealth features that do not require the amount of lighting that is required with a flag tower. F. Approved with conditions (6 to 0, Andrew Youngross stepped down), a Class IV site plan modification, landscape plan and architectural elevations associated with the expansion of the Delray Marriott Hotel, located at the northwest corner of Ocean Boulevard and East Atlantic Avenue. The proposal includes the construction of a two-story hotel addition containing nine (9) cabana suites, restaurant expansion, kitchen addition, pool deck expansion, afour-story hotel addition with 27 suites and retail and commercial uses on the ground floor along the entire south side of the existing structure. Concurrently, the Board approved the following waivers: - Waived on a 6 to 0 vote, the requirements of LDR Section 4.4.13 (F)(4)(b)(1), that new buildings constructed from the ground floor to thirty-seven feet (37' ), have a minimum of 70% and a maximum of 90% of the building frontage set back no greater than ten feet (10') from the property line for required setback along State Road AlA, subject to no building being constructed within 20' of the Brockway line. - Waived on a 6 to 0 vote, the requirement [LDR Section 4.4.13(F)(1)(c)] that hoteUmotel and all suite lodging shall have a minimum floor height of eight feet six inches (8'6") finished floor to finished ceiling for all floors, by allowing 8' 8" from floor to floor (versus finished ceiling) for all floors. - Recommended approval (6 to 0), of a waiver to LDR Section 4.4.13(F)(1)(a), requiring a minimum building height of twenty-five feet (25') by reducing the 25' minimum height requirement to 22' S" for the Cabana Suites and restaurant addition. - Recommended approval (6 to 0 vote), of a waiver to reduce the sight visibility triangle, by allowing a distance of 10' on the south side and 9'7" on the north side instead of the required 20' for the proposed service ramp off of Andrews Avenue. - Recommended approval (5 to 1 vote, James Borsos dissenting), of a waiver to reduce the required 40' sight visibility triangle to 21' 11' at the intersection of the Andrews Avenue and Atlantic Avenue public rights-of-way. Historic Preservation Board - Meeting of October 15, 2008 1. Approved (5 to 0, Rhonda Sexton absent and Toni Del Fiandra arrived late), a request for a Certificate of Appropriateness for alterations and landscape improvements to anon-contributing property located at 321 NW 1st Avenue. Concurrently, the Board recommended that the City Commission approve the waiver to permit the location of two parking spaces within the required front setback. No other appealable items were considered by the Historic Preservation Board. The following items which were considered by the Board will be forwarded to the City Commission for action. - Recommended approval with a condition to the City Commission (5 to 0), of the Ad Valorem Tax Exemption Application (Parts 1 and 2) for improvements to the property located at 1104 Nassau Street. - Recommended approval (6 to 0), of the creation of a two-lot subdivision plat for Marine Way, located at the southwest corner of SE 2nd Street and the Intracoastal Waterway. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map N .~PRAR A. ASTOR CONDOMINIUM B. HUBER'S PHARMACY C. EBENEZER WESLEYAN METHODIST CHURCH D. BERMUDA HIGH CONDOMINIUM E. BARWICK PARK T-MOBILE TELECOMMUNICATION TOWER F. DELRAY MARRIOTT HOTEL EXPANSION HPB 1. 321 NW 1ST. AVENUE ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT OCTOBER 2008 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\10-21-08 --olslraLeasEMaPSVSrEnn-- MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: October 13, 2008 SUBJECT: AGENDA ITEM L.1. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 PURCHASE AWARD/CHAZ EQUIPMENT INC ITEM BEFORE COMMISSION Request to approve a purchase order to Chaz Equipment Co., Inc. in the amount of $50,000.00 for Sanitary Sewer Manhole Rehabilitation under the terms and conditions of the current annual contract. BACKGROUND The Public Utilities Department requested funding for the annual sanitary sewer manhole rehabilitation program with current year's budget allocation at $50,000. The award will allow us to continue with our annual rehabilitation program. We have identified several sanitary sewer manholes in the southwest and northwest areas requiring rehabilitation. The Sanitary Sewer Manhole Interior Rehabilitation contract with Chaz Equipment has been renewed annually over the past several years. The contract was originally bid and awarded in October of 2002 and has since been renewed every year without increases to unit pricing. Chaz Equipment's performance throughout the years has been consistently outstanding with their proprietary interior manhole renovation product ("SewperCoat") the City's preferred coating system for lift station rehabilitations. To maintain consistency of product application and vendor services on manhole renovations, in June 2008, the City renewed the existing "Sanitary Sewer Manhole Interior Renovation" contract with Chaz Equipment Co. Inc., allowing annual renewals for up to another four consecutive years, from October 2008 through September 2012, while maintaining 2002 unit prices. The current contract is valid through September 30~', 2009. FUNDING SOURCE Funding is available from account #442-5178-536-63.82, Water and Sewer Renewal & Replacement Fund/ Sanitary Sewer Manhole Rehabilitation. RECOMMENDATION Staff recommends an award to Chaz Equipment Co., Inc. in the amount of $50,000.00 for Sanitary Sewer Manhole Rehabilitation, P/N 2009-004. q ~~ ~ 'rr ~r ~; r `~~ CITE DF DELRA~ BEAtH -r~ ~~4~~ ~: ~~ ~~~j _ ~~~ ~ 3 ! DELRAYBEACH .~~_r,,~~~. _~ ~=a~~ ~ . ~.._ _ ~.~, ~~ `` °`' °~ 100 N.W. lst AVENUE ~ DELpAY BEACH, FLOfiIDA 33444 561!243-7000 All-AmeAll- rlCaGlty I ~ June 10, 2008 0 1993 2001 Gary Czajkowski, President Chaz Equipment 3180 Fairlane Farms Road -Suite 1 Wellington, Florid 334414 ' RE: Bid #2002-37 Sanitary Sewer Manhole Interior Renovation Contract Extension Dear Mr. Czajkowski; The Delray Beach City Commission, on May 20, 2008, approved the contract extension award of the above referenced subject to your company. Term of the contract shall be from October O1, 2008 to September 30, 2009. Services shall be ordered via individual purchase orders and/or blanket order releases for the term of the Contract. "The City Manager may renew the contract, at the same terms and conditions and prices for four {~) consecutive terms of one {1) year subject to vendor(s) acceptance, satisfactory performance and determination that the renewal will be in the best interest of the City" Thank you for your interest in the City of Delray Beach. If you have any questions in regard to this matter, please call me a# (561) 243-7ib1. Sincerely, ~' , y~Q~.~_. Patsy N i~urchasing Manager Cc: Joseph Safford~ance Director RichardHasko, Duectorofenvironmental Services -~~~~~~+r~ Victor Majtenyi, Deputy Director of Public utilities ~ JUN 12 2008 Scott Solomon, Manager Water & sewer Network Iffr1 1~~,5 ;''__ _ Si=RVICE PERFORMANCE INTEGRITY ~EsPONSIei.E rNNaVaTIVE Tl=~nnwo~K f, ' DELRAY BEACi1 - _. o 100 ~l.LV. 1sk AVEPfUF ~ DBLRAY BEACH, FLOFiIpA 33444 • 561 24 - All•AmerTCBCkty ! 3 ~aoo I 1 October 24, 2002 1993 2001 Gary Czajkowski, President Chaz Equipment Co. Inc. 3380 Fairlane Farms Road, #16 Wellington, Florida 33414 ~~~~ REF: Bid #2002-37 P~~ 10~~ ~(..~~ Sanitary Sewer Manhole Interior / Rehabilitation -Annual Contract ~ ~ 1 ~ ~ ~'~ J ~ 1 ~d' ~ ~ Dear Mr. Czajkowski, Enclosed is one original copy of the contract for the above referenced bid awarded to your company by City Commission October O1, 2002. Term of the Contract will be from Octo r O1 2002 to Se tember 30 2003 with the option to renew for four (4) additional one {1) year periods. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7163. Sincerely, J Ja lyn Rooney Purchasing Supervisor Attachment cc: Joseph Safford, Finance Director C. Danvers Beatty, P.E., Deputy Director of Public Utilities Richard C. Hasko, P.E., Director of Environmental Services Scott Solomon, Water & Sewer Network Manager T!-IE EFFORT ALNlAYS MATTERS ® Pnnfed to A9cycfsd Pier CITY OF DELRAY BEACH PURCHASING OFFICE 100 N.W. '1st AVE DELRAY BEACH, FL 33444 {661) 243-7163 BID NO. #2002-37 1NV1TATlON TO BID DATE: July 23, 2002 TITLE: Sanitary Sewer Manhole Interior Rehabilitation BIDS MUST BE RECEIVED ON OR BEFORE: Tuesday, Augus# 27, 2002, prior to 3:00 gym. at which time all bids will be publicly opened and read. INVITATION TO BID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda andlor any pertinent document farm a part of this bid and by reference. are made a part thereof.. PURPOSE:- It is the purpose and intent of this Invitation to secure bids for item(s) andlor services as listed herein far the City of Delray Beach, Florida, hereinafter called fhe CITY. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and Time as Indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted In sealed envelopes, mailed ar delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BiD NUMBER, TITLE, AND DATE OF SID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE COPY OF ALL BID SHEETS. Any failure an the part of the supplier to comply with the ensuing conditions and specifications shall be reason far termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the task date for receiving of bids for acceptance of its bid by the City Manager andlor City Commission. AWARD: The City reserves the right to waive minor variations to specifications, inforrnalilies, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, andlor to accept bids that in its judgment will be for the best interest of fhe City, as further stated in Paragraph 1f of General Conditions. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS ~, SUBMISSION AND RECI=IPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with khe firm name and by an officer or employee having the authority to bind the company or firm by hislher signature. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may ar may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A, Bidder warrants by virtue of.bidding that prices, terms; and conditions quoted in his bid will be firm far acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items andlor services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right fo purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DE#_IVERY: A. All Items shall be delivered 1=.0.6. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. 2 B. Time will be of the essence for any orders placed as a result of this bid, Purchaser reserves the right to cancel such orders, or any part thereof, wifhout obligation if delivery is not made at the time(s) specified on bid form. 5. BRANDr NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: ' AI! materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new, The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES:. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (3t)) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material :delivered under.=this proposal: shall- remain theproperty of the seller until a;physical inspectiom'and actual usage of this material andlor service is~made•and thereafter,accepted~to the. satisfaction of the Ciry and must comply.with the terms herein; and be fully in accord with specifications and of the highest quality. In the event the material andlor services supplied to the City is found to be defective or does not conform to specifications; fhe•. City: reserves the ,right<ao cancel ,the order: upon written notice to the seller and refurn product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder ar contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 1d. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees io hold the City harmless from any and all liability, loss, or expense occasioned by any such violation, 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. 13. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations, The awarded bidder shall also secure the work site before leaving at the end of each wor[cing day. 12. MANUFACTURER'S CERTfF1CATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager andlor City Commission of the City of Delray Beach and in case of default on the par# of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PlwRMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost far permits. Contractor shall pay for permifs for all oilier work. B. LICENSES: If you are not licensed to perform work In the City of Defray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C. I_1ABILITY INSURANCE: The City .prefers the insurance and bonding companies have a BEST Rating no less than A-, Vil or better. if you have any questions regarding the City's Insurance andlor Bond requirements, please; contact the City's Risk. Management Office at (561) 243-7150. See pages 14 & 15 for insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: '~'~ A. For purposes of evaluation, bidder must indicate any variances from our specifications andlor conditions, NO MATTER HOW SLIGHT: If variations. are. not stated in .the proposal, it will be assumed ihat the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the~materiallservice from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in ilia City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities andlor irregularities, and to negotiate contract terms with the Successful Bidder, and the right io disregard ail non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves. the right to reject any or all Bids, or any par# of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies In the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the Slate andlor Federal Government. Exemption certificakes certified on request. State Sales Tax Exemption Certificate No. 60-08-116241-54C appears on each purchase order. 4 18. FAILURE TO B1p: if you do not bid, return "Statement of Na Bid Form' and state reason. Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING L1ST. 19. EXCEPTIONS TO CONDITIONS,1 THRU 18 (Boiler Plate} Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at khe same terms, conditions, and prices, FOUR consecutive term{s) of ONE year{s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI-COLLUSION: A. Bidder certifies ihat this bid is made without prior understanding, agreement, or connection with any corporation, firm ar person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list {s). 22. CONI=LICT OF INTEREST: A." . `Bidder declares and certifies that no officer, employee or person whose.. salary._is payable in whole or part~fram the City of Defray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion.of the profits hereof; or B. The award is subject to provisions of State Statutes and City Ordinances.' All bidders must disclose with their bid the name of any officer, director or-agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (1t)} or mare in the bidder's firm ar any of it's branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to past in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply io al! subcontractors and ik is the responsibility of the subcontractors to be in compliance. 5 f 24. DISCRIMINATION: An entity or aff+fiate 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 or repair of a public building or public work, may not submit bids on leases of rea! 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 nat transact business with any public entity. T' , STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 20~, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Chaz Equ~.pment co. Inc. (hereinafter called CONTRACTOR). WITNESSfTH: 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 bye ~ the execution ~of ~ this contract, acknowledges that it has examined ~ the:physical., characteristics ~.of the ,job requirements. The CONTRACTOR further acknowledges tha# 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 DOCUMENTS Invitation to Bid Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form Drug Free Work Place Certification Specifications Proposal {Schedule of Pricing) Bid Signature Page PAGE NUMBERS 1-6 7-'I1 12 13 14 15 '! 6 17 - 2~4 25-26 27 CONTRACT DOCUMENTS (cont'd) Statement of No Bid References PAGE NUMBERS 2$ 29 Addenda numbers n a to ~,~.._, inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract sha11 commence an the date indicated on the Notice #o Proceed. 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 ~ 00 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Chaz F ui merit o 3380 Fairlane Farums Road. ~~h We1linQton, Florida 334x4 7. The CONTRACTOR shall not, without prior written consent of the C1TY, assign any portion of its interest under this contract and, specifcaliy, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. s ~~ 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend; indemnify and save harmless the CITY, ifs- 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 ClTY), 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 Federa}, 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- a!l 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 indemnifcation 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 9 ~. anyone direc#ly or indirectly employed by either. This indemnification includes all costs and fees including attorney's 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 sha11 be considerecJ~~null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitu#e the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. ~, '• ~ o IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA David W. Schmidt, Mayor Approved:as to form: ~ n lfA~f~ .S _ - , l c' ! ?City Attorney ~ P~ ~~~'}~~ WIT ES ~ ~ (Prink or type name and title) cor BY: U ~~ (Print or type name and title) (SEAL) ll CORPORATE ACKNOWLEDGMENT STATE OF ~ ~ COUNTY of ~ e foregoing instrument was acknowledged before me this ~ d day of I, •-~ ~ 20~~ by ~~ ~t (name of officer or-agent, #itle of officer or agent), of i~t ~ (state or place of incorporation) corporation, on behalf of the corporation. HelShe is (personally known to me) (or has produced iden#ification} and has used hislher ~- , (type`of ic~tific~~~on}.as.identification. Si~n~ture of Pers Acknowiedgment ` ~~ Name of Acknowledger Typed, Printed or Stamped ~xw~,,.~ ~~ y Ih~yV~V pM~AppU.NM1JII ~ ryW1y~~ INI~//y~/~'~lK~.:i ~+ . Gr~f1GJ. ~~ ~+~. ClM7 v%a°„~„Tn~~` BadedThrui7apryP~bfcUndenerien 12 CERTIFICATE (if Corporation) STATE OF FL RIDA ) ~) SS COUNTY OF [~~.~% ) _ . ,- - HEREBY CERTIFY that a meeting of the Board of Directors of ` ~~~ ,~ {~G ~ _, a corporation under the laws of the State of held on D , 20 D~he following resolution was duly passed and adop "RESOLVED"; th t - -~ : F~,,.as: ~, President of the corporatio , he/she is hereby authorized to execute the Agreement dated,; ,.20 ,between the City of,Delray.Beach, Florida and this corporation, and~that his~~xecut'iorithereof;:attested by the:Secretary of~.thd~Corporation and ~ .: . with corporate sea! affxed, shall be the official act and deed of this corporation". furtFier certify that said resolution is .now: in full`.force and effect.: !N WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the corporation this ~~ day of , 200c~- (S cretary) (Seal) - 13 INSURANCE REQUIREMENTS A. GENERAL. During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs {~I) to {4) inclusive below. S. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 'f. Worker's Com ensation -Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and 1=ederal Laws. In addition, the policy must include Employer's Liability with a limit~if~$~00,000 each accident. 2. Com rehensive General Liabilit -Coverage must be afforded on a farm no more restrictive than the latest edition of the Comprehensive Genera! Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises andlor Operations. c) Endependent Contractors. d} Products andlor Completed Operations. e) : No exclusion for Underground, Explosion or Collapse hazards. ~. r 3. Business Auto Polic -Coverage must be afforded on a form no more> restrictive-than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a} Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b} Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 3. Certificate of Insuranoe -Certificates of all insurance evidencing the Insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of OliCleS rovided but shall also refers ecificall to this bid and section and the above ara ra hs in accordance with which such insurance .is bein furnished and shall state that such insurance is re aired b such ara ra hs of this contract. The successful bidder will include the Cit of Delra Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty {30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". t4 :~ ~a 5612437166 CIiY ~ DELRAY BEAC}~ B'70 P08 DEC 21 '80 10:23 :.J - ~ • noon ~sv,~AZ~c~, zHC_. P.Q. PO% MI BESx cY~st, us.A OOp00 u~TSUr~D LIILLXHG WOR)~S ASSOC. ABC DRzV~ AHY'TONi`7, uSA 000(31 ~: .; THIS CSFiTIFICAiE tS ISST1EO AS A YA7Y?:q OF IHFQRftA~0i10ldt.Y AHD CONFERS Ha f11WiTS bPOH THE CEiiTiRCAT'Jr iIOLAETL THts CERTTF7CATE DOES FtOT Al~IE1{p, EXTEHq OR ALTEq THE COYEAAOF:.AFFOFtt?fD 8Y TH@ POtJQE6 Bq.oW. COMAAIVIES AFFORDING COV~RAG~ f'- }. ' ~~ COrwAHY A ItIGEiT (,tl6$D ~SURAtZCE Cp_ 4~=r~~ LErTT:s+ 1~`.'~"_ I.E~i'r~ ~ CUMI'LExE CO~fERAGE xNSQR,aNCE C4. ~ C caMPMrY ~ [,Er'fEA CO-ePASiY LE71EA~-- ~. ' THIS IS TO CEri~TFY THAT Pti[~ {~ Of gtSlliiAteC~ ~p g~~y~yE ~j~ lSSVEDTO T'HE kf$Uit~p k 1.rrED A.80YE FOA THE POLICY PEiup0iH0iCA7E0 NOTWiTHSTA,tfTNN4 AH1' R£4UU iF1at:-tT. TfAxl OR COHOlT1pH OF AHY OON7TtAGT OR OTHER nOCiFMEH7 Y ' BE 155UE0 Oft I.t/.Y PEATAiH, Tl ~ TH]HS OF S H , IITH RESPECT TO WHfCH T11tS C>rKTIAGIT'E rIAY INSeJA/IFTC:E A,FFOHAl;D BY t,4E P4LfC=ES DES~iBED HEpt:iH tS SUBJECT To At L THE TfUtus E POL~g, UC , , XCLUSIONS. A?iD C#!04 ~ 1' 7YPE OF INSURANCE PULiGY HUMB£A ~~ f~{~ C1T[ t-+~+~CC'rYl r'0.uY b~llpry LN64lM RIi.11TS IN TNOUSAHDS A GENERAL LueluTY wrt (muoDmq r .. ~ rt.- ~• Acn OCC4RREF+C KAREGAte • g LOh1PREHEHSiVE WRAT GI.P077ba~ 3-O1-9o 301-g1 ~ Y S S )C IrAEMCsFS,oPErtAnaiS X a occiJ~SE lut~l P E~ , 5 . TSOOiTGTS~IP~ET~O OPEiz1T10 IS t•~~ ~ COHTTU+CTLv~ ~ ` ~ s sro co~nwsD 5 300 5 300 7C IriOEPExoE1~r co~kT'r~croASi: , , 6TI~A FORr t PR P '~ ~ O ERTY T3A4fAGE; PEASOtTAJ_ IHRIAY P@cl$pNAL MLIVRY ~ . A AUTOAIOSILE LlABIi.TYY arnr urTO 11x.p07~bp5 3-01-90 3-0191 ~* ' S • . ALL OKIHEO AUTO$ (PRN. PASS.) - ALl Ot'1ltED AUTOS rOTHER Tow }} l PAN PASS J r[txr ~.rm ' . . PP +WOF)il} ~ IaRE4 AUTOS ' HOH~YNEB ABTDS fir" ~ • G~A4GE !Il,8gjT7 t 6 $ 3oa ~~ LIAOnJT-Y . ~ FflRM °+o S 5 UiHER THA4 UFABAELtJ~FpR1R woRlc~s~ CWIPfill3AT10N CLPQ77511b 3-03.-90 ~~nnoaY ._ .:~, ; •~•r $ AHD 3-01--9L ~. $ (~, ACCOEtrn'...;.- EMPLOYERS' LIABILITY '.~`~ $ (OrSEASE'POIIGY LL51ifl e }~ 5 F05E0.TE-fACHEhAPtO~rEF1 OTHER ESCA4'T1QN OP OPET~l77oNSrt.pp1. rrEulT nce at ou sect ba must xca ex,~CC y THLS XNSEJRANCsE AF3'Lx',bBLE ',£0 (crate project) as ~exov_ Cross out indicated Troxdiing *Cx~ Ole DE~.YtAY BP.AiC1 iS AnDYZZ(~1~, X2iS1oR~ & provide 30 days Trr.~tF:eu aotice) . . st+oUtn ~HV or: Trl~ ~8ov>= DresEa PauCtes e>: c~-rH~u~o >s~r~ me: na cxT~ OF DELILAY $$AC3 PIRATt~ p~TH THElIEOF. THE 186 INO COEIPAHY WILL ~ '43~i S . $~~OH ~VE~ ~ IAATL •~~~u+ OAYS wRITTF]I lIO1KE to ~ CERTTFlC,!-TE HOlDF1t ltAl~lm To 7'ttE . DF.~.RAY • BLACS, PLOILY]A 33444 ~~ ' ~~ ~ ~ I~va~ssrrrAr~ ~ ... DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given #o the vendors who submit a certification with their bidlproposal certifying they have adrug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: ~} This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the busiriess's.;~policy, of maintaining a -.drug-free workplace, any- available drug .counseling, rehabilitation; and employee assistance programs, ands the ,penalties that may. be ,imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services, that are under bid a copy of the statement specified in subsection ('i). 4) In the statement specified in subsection (7}, this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5} days after such conviction. 5} This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6} This firm will continue to make a good faith effort to maintain drug-free workplace through implementation of this section. ~ . ~y ~~~ ~ ~p ,~h ~ ~ ri71 t i ~1 l~~~-~-t~L~. Contractor's Name r~e~ ~~k; 16 CITY OF DELRAY BEACH BID #2002-37 SANITARY SEWER MANHOLE INTERIOR REHABILITATION ANNUAt_ CONTRACT B!D SPf=CiFICATIONS PART 1: GENERAL 1.01 SUMMARY A. This specification shah govern all labor, materials;`equipment and appliances necessary for sanitary sewer manhole interior rehabilitation for the purpose of eliminating infiltration and inflow, providing corrosion protection, repair of cracks and voids and restoration of the structural integrity of the manhole as a result of the application of a monolithic fiber-reinforced structuraElstructurally enhanced pure calcium aluminate cementitious liner to the wall, ceiling and bench surfaces of concrete, bricl< or any other masonry construction material. 9.02 SUBMITTALS A. Submit manufacturer's material data_ and application and installation instructions for ail products used. B: Provide documentation that the proposed manhole rehabilitation process has a minimum 5 year - history-forreconstructian of sanitary.sewer manholes.on projects of;similar size and scope. 1.03 QUALITY ASSURANCE A. Use, mix, apply and cure- all products In accordance:with the manufactures: recommendations and instructions. B. Provide recommended daily or per lot test specimens for compressive strength and other testing per applicable ASTM standards: PART 2: PRODUCTS 2.01 MATERIALS A. Patching Mix: 1. Aquick-setting, fiber-reinforced, calcium aluminate-based cementitious material for patching and filling voids and cracks. 2. Material shall have the following minimum requirements Compressive Strength ASTM C-109 6 hr 1,400 psi Shrinkage ASTM C-596 0% at 90% R.H. Bond ASTM C-321 28 day 150 psi Cement Sulfate resistant Density, when applied 105 + 5 pcf B. Infiltration Control Mix: 1. Arapid-setting cementitious product specifically formulated for lnftliration control. l7 2. Material steal[ have the fallovring minimum requirements: Compressive Strength ASTN C-109 1 hr 600 psi ~ . Compressive Strength ASTM C-109 24 hr 1,000 psi Bond ASTM C-321 1 hr 30 psi Bond ASTM C-321 24 hr 80 psi C. Grouting Mix: 1. A rapid setting cementitous grout specifically formulated for stopping very active infiltration and filling voids. 2. A rapid setting chemical grout specifically formulated for stopping very active infiltration. D. Liner Mix: 1. Afiber-reinforced pure-fused calcium aluminate cement and calcium aluminaie aggregate to be wet mixed and low pressure spray applied to form the structuraVsiructurally enhanced monolithic cementitious liner covering all interior manhole surfaces. Liner material to be Lal=arge SewperCoat PG or apre-approved equal. 2. Material shelf be pre-mixed and specially formulated to withstand H25 (hydrogen sulfide) bacterial corrosion and abrasion in sewer nehrvorks. 3. Material shall have4he following minimum requirements: Compressive Strength ASTM C-909 6 hr 1,400 psi Compressive Strength ASTMC-495 1 day > 8,000 psi Compressive~Stirength: ASTMC-495 7 day > 9,000 psi Compressive Strength ASTMC-495 28 day > 9,000 psi Flexural Strength ASTM C-293 12 hr > 9,000 psi 1=lexural Strength ASTM C-293 28 day > 1,400 psi Shrinkage ASTM C-596 0 percent at 95% R.H. E. Bonding Compound: Material shall be a modiFed cementitious bonding compound that protects exposed reinforcement steel and enhances bond of overlay to substrate. F. Water. Water shall be clean and potable. PART 3: IEXECUTiON 3.01 MANHOLE PREPARATION A. Place covers over sewer inverts to prevent extraneous material from entering the sewer lines. B. Remove foreign loose and unsound concrete arid masonry material not able to be removed by high pressure water spray may require the use of mason's or mechanical fools for removal. C. Loose, unsound, and prafruding concrete and masonry material not able to be removed by high pressure water spray may require the use of mason's or mechanical tools for removal. D. Clean the interior surfaces of the manhole with high pressure (3,500 psi minimum} water spray, using detergent, muriatic acid, antibacterial agent or other chemicals to remove grease, oil and other contaminants that would prevent goad bond between the existing manhole interior surface and the liner material. 18 E. Active hydrostatic leaks (infiltration) shall be stopped using the rapid-setting specially formulated infiltration control mix. F. Very active hydrostatic leaks (infiltration) shall be stopped using one of the rapid-setting grouting mixes specially formulated for control of very active infiltration. G. Clean and prepare exposed reinforcement steel, and apply and cure bonding compound, in accordance with the product manufacturer's instructions and recommendations. H. Prepare cracks and voids to be patched and filled, and apply and cure patching mix, in accordance with the product manufactures instructions and recommendations. 1. Areas of manholes that are found io be structurally damaged and in need of repair beyond the scope of this specification shall be brought to the attention of the Engineer. A suitable repair method shall be developed for each area and submitted to the Engineer far review prior to commencing the repair. J. Prepare, clean and repair manhole benches and inverts in the same manner as prescribed above. 3.02 LINER APPLICATION, CURING AND TESTING A. Prepare manhole surfaces, wet batch-mix liner material, low pressure spray apply liner mix to manhole ceiling, wall and bench surfaces and allow liner to cure in accordance with the product manufacturer's instructions and recommendations. B. Liner'application shall be 0.5 inch minimum~thickness. The application shall be completed with a minimum of two coats. The first coat shall be applied at a thickness adequate to cover the substrate •• and be trowleij~ to :compact the .material into voids and sef the bond.. The second coat shall be ~' applied to~ensure complete•coverage~at the~specified.0:5inch'minirnum'ihickness. C. Inverts shall be lined with patching mix, krowl applied in one coat to a 0.5 inch minimum thickness. D. Prepare, label-and submit recommended daily orper lot test specimens for testing. 3A3 Ct_EANING A. Clean manhole interiors and remove all construction-related materials, equipment and appliances from the manholes prior to reinstatement of the manholes to service. PART ~4: MEASUREMENT ANl] PAYM7=NT 4.01 MANHOLE 1NTER1OR LINING A. Measurement: Measurement basis for payment for manhole interior lining shall be vertical feet of manhole interior surface lined at 0.5 inch minimum thickness. l3. Payment: Payment for manhole interior lining shall be the number of vertical feet of manhole interior surface lined times the unit price bid per vertical foot of manhole Interior lining. C. Incidentals: All Manhole preparation, liner application, curing and cleaning shall be considered incidental to the unit price btd per vertical foot of manhole interior lining. 19' 4.02 MANHOLB STRUCTURAL. R1=PAIRS A. Measurement Na measurement will be made for payment for manhole structural repairs. B. Payment: A11 costs for manhole structural repairs must be included in price per vertical feet of manhole lining. 2~ Part IV: Contract InformationlReguirements: MINIMUM QUALIFICATIONS AND INSTALLER RE UIREMENTS The installer shall have been engaged in the installation of Manhole and Lift Station System Rehabilitation Contracting Services for a minimum of Seven (7) Years and have rehabilitated a minimum of Four Thousand (x000) sanitary sewer manholes and 50 lift stations, in the Skate of Florida, utilizing a system that offers pure fused Calcium Aluminate. The selected contractor will be responsible for knowledge of and compliance with all relative local, state, and federal codes and regulations. The installer must include in the bid a list of Twenty five (25) references, for which manhole, lift station, or wet well rehabilitation contracting services have been provided within the task Seven (7) years. At least Ten (10) of these references must be current, having had installatiorl~ within the previous Three (3) years. A contact person and telephone number must be provided for each. Far all work performed under this contract, the successful Contractor shall provide a competent job-site supervisor and any necessary assistants, all approved by The Waste Water Department of Delray l3each. -The job-site supervisor shall be present at ail times while work is in progress. The job-site supervisor shall represent the Contractor at all times while ail directions given him shall be binding as per the contract documents. The job-site supervisor shall have a minimum of Seven (7) years experience in the rehabilitation of Sanitary Sewer Manholes, Lift Stations, and Wet Wells utilizing a product that consists of a pure fused Calcium Aluminate Cementitious Liner. TERMS 01= CONTRACT This Contract.will commence a~ the date,of•award and be in effect for one (i).year. CONTRACT RENEWAL The City retains the right to renew ibis contract with the consent of the vendor, under the same-terms and conditions for four (~i) additional one {'f}year periods, renewable annually. Any price adjustments requested by the Contrackor will be based on the consumer-price-index (CPI) and amendment to the agreement to be processed and approved by the City Commission. All prices at the time of the renewal may be adjusted on the anniversary date of the Agreement and based on the annual change to the Consumer Price Index-Southern States for the immediate twelve-month period preceding the renewal of the Agreemenk. The value of this annual adjustment will be determined by the Owner. If the City determines to renew this Agreement, it shall provide the Contrackor written notice of such renewal thirty (30}days period to the termination of the contract term, then in effect. TERMINATION Should the Contractor be found io have failed to perform his services in a manner satisfactory to the City as per the Technical Specifications, the City may terminate this Agreement immediately for cause; further the Cily may terminate this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge of non-performance. METHOD OF AWARD The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of this bid shall be made to the most qualified, responsible bidder to whom the City (on basis of City's evaluation as hereinafter provided) makes an award that is the most advankageous to the City. The City's evaluation of the bid shall take info consideration the cast (total, unit price, or combination of both), City prior experience with bidder, demonstrated expertise of bidder, references of bidder, qualifications of bidder, and ability of bidder to complete the project in a timely manner. 2! PART V - MEASURi=MENT AND PAYMENT SCOPE A. Payments to the Contractor shall be made on the basis of unit prices in the Proposal Bid Form as full and complete payment far furnishing all materials, labor, tools and equipment, and for performing all operations necessary to complete the rehabilitation work of sewer manholes, lift stations, and wet wells by various trenchless methods as authorized by the City. The City will establish an annual renewable contract for these services with the successful bidders as described in the Bid Specifications pages 17 through 24. The unit prices stated in the Proposal Bid Form include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation,pharges and expenses, patent fees and royalties, labor far handling materials during inspeckian, together with any and ail other costs and expenses for performing and completing the work as shown on the details and specified herein. The Basis of Payment .far an item at the price shown in the Proposal Bid f=orm shall be in accordance with its description of the item in this Section and as related to the work specified. Unit prices will be applied to the actual quantities furnished and inskalled in conformance with fhe Contract Documents. 13. The Contractor's attention is tailed to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety. Should the Contractor feel that the cost for any item.of work has not been established;in the Proposal, Bid Form or this Section, the cost for that work sha11 be included in~ some. other applicable Bid .item, so that the Proposal for the project reflects the total price for completing the work in its entirety? No separate payment will, be made;for khe foAowing~work<if. required and: its cost shall:be included~.in appropriate payment items: • Applications and pulling of aN utility and construction permits; Dewatering and disposal of surplus wafer; Structural repairs; • Cleanup; • Testing materials and apparatus; Maintenance of ufility service; • Appurtenant work; • Inspection Photo Records • Maintenance of Traffic. The following paragraphs will clarify the work included for the items listed in the Proposal Bid Form. MEASUREMENT The quantities for payment under this Contract far each Work Order authorized shall be full compensation determined by aqua! measurement of the completed items, in place, ready for service and accepfed by the City unless otherwise specified. The City will witness all fceld measurements. When depths are indicated in the bid items, they shall be measured vertically from fhe existing grade, paved or unpaved, to the pipe inver#. it is intended that all work required io complete this Work will be included in the various bid items as described in the following paragraphs. 'I. ADD MOBILIZATIONIDEMOBII.IZATION The mobilizationldemobilization cost is applied if a work order has less than 10 sewer manholes or less than 750 square feet (SF) of wall to be rehabilitated for the work.arder, this cost ikem shall be included for payment to the Contractor for the additional 22 mobilizationfdemobilization costs which becomes significant with the smaller project work orders of less than 10 sewer manholes or less than 750 square feet (SF) of wall to be rehabilitated. 2. CEMENTlTIOUS LINING MANHOLE, BRICK, OR PRECAST REHABILITATION This item of work will be measured and paid for at the unit price per vertical foot of 48-inch or 60-inch diameter of manhole wall named in the Proposal Bid Form. Measurement will be made from the bench, at its highest point, to fhe upper limit of actually treated wall, cone or chimney. Payment of the unit price per vertical foot will provide complete compensation for cleaning of the wall by both pressurized water and sand or soda blasting; relief of hydrostatic pressure outside the manhole, if necessary; injecting chemical grout to stop active leaks into fhe manhole, if necessary; furnishing and supplying of all materials or combination of materials making up the patching and coating (waterproofing) and applying or installing them; manufacturer's representative's presence or assistance, if required; isolation of the manhole by plugging entering fines; testing; safety eq~ripment; and all incidentals necessary to obtain a watertight, sealed manhole wall and bench, complete in place. Payment far bypass pumping, if required (other than because of damage caused by Contractor}; will be paid for under a separate item. CEMENTITIOUS LINING OF LIFT STATIONIWET WELL SURFACES This item of work will be measured and paid at the unit price per square foot of wall in a lift station or wet well. Measurement will be made o the actual surface area repaired. Payment of the unit price per square foot will provide compensation for cleaning of the wall- by both pressurized water-and sand. or soda media blasting methods; .relief of hydrostatic pressure • outside the structure if.~ necessary;••,injecting~~chemical:grout:~to:-•stop. active,.~infiltration,~ if necessary; cleaning; surface'preparakion.as specified herein; furnishing and supplying of all materials or combination of materials, including liner manufacturer's representative's: presence or:assistance;~if ,required;::isolation of; the.lift station:or~wet,well by plugging~,entering lines; testing; safety equipmentY for personnel; :labor, • tools~~ and equipment; and •. all ,incidentals necessary to obtain a watertight, seated wall and bench complete in place. Payment for bypasspumping;~if required (other~than because.of:damage•caused.by the Contractor}; will be paid for under a separate item. 3. BYPASS PUMPING O}= SEWERS a. BYPASS PUMP AND PIPWG SETUP These pay items provide complete compensation for bypass pumping operations required for sewer manhole, lift station and wet well rehabilitation. The Contractor shall attempt to perfomn the rehabilitation sewer work without bypass pumping. However, if in the opinion of the City bypass pumping is necessary, it will be identified as a payment item. The pay item is a one-time charge for all bypass pumping setup operations during a given lining installation, including services, regardless of the number of pumps required. Bypass pumping shall be bid on the basis of sewer size which is bypassed. These items shall include, but are not limited to: all necessary and required traffic control; pumps; piping; gasolineldiesei fuel; maintenance; transportation and storage; temporary bypass and service piping; Eabor; materials andlor any other costs associated with bypass pumping. Plugging or blocking a sewer line shall be included in the appropriate bid item for which the flow must be stopped, this is considered incidental work and no additional payment shall be considered. b. BYPASS PUMP These items sha11 be paid for on a per day basis for operation of fhe bypass pumps. Bypass pump operation sha11 be bid on the basis of the size of the pump used. These Items shall include fuel operating costs. 23 ~. ADJU571NG EXISTING MANHOLE CASTINGS These pay items provide complete compensation for furnishing ail necessary. labor, equipment and material to adjust existing manholes to match existing elevations. 5. FURNISH NEW MANHOLE RING AND COVER This pay item provides complete compensation for furnishing new manhole ring and covers as specified by the City to be installed under pay item 4. 6. RECONSTRUCT BENCH AND 1=LOW CHANNEL This item provides complete compensation far all necessary Tabor, equipment and material required to re-construct a complete bench and flow channel, as required per the City's minimum standards. 7, INSTALLATION OF CHIMNEY SEALS .. . This pay item provides complete compensation for furnishing all labor, equipment and material required to install manhole chimney seals. 8. RE-kNSTALL PUMP BASES These pay items will include complete compensation for furnishing all necessary labor, equipment and material required to re-anchor existing pump bases, where, under the opinion of the owner's representative, is required: 9. INSTALLATION OF INTERIOR PVC DROPS These pay. items provide complete-.compensation. for furnishing .all Labor, equipment and material required to install interior PVC drop piping: 10:.REMOVAL.OF~EXISTING COATINGS This'item:'provides, complete, compensation forfumishing •all• necessary •fabor,:.equipment and materials necessary to remove any existing coatings that may exist in full or any portion of an existing structure. 11. REMOVE-AND REPLACE EXISTING PIPING AND VALVES This item provides complete compensation for furnishing all necessary labor, equipment and materials necessary to remove and replace all existing piping, check rialves, plug valves and all miscellaneous material required for this installation. This work will start at existing pump bases and wiEl terminate prior to where discharge piping exits existing valve vault. All work shall comply with City of Delray Beach minimum standards. 24 MANHOtE1LIFT STATION REhIABILITATION _ BY CIEMENTITIOUS LINING SCHEDULE OF PRICING BID FORM ITEM 1.) MobilizationlDemobilization a. MobilizationlDemobilization if less than ~ ~~~ ' 10 manholes or less than 750 S1= per job work order each " r~ ~ ~D' o ti l f t 2.) Diameter Cementitious lining of Brick Manhole - 48 f . per ver ca oo ~b 3.) Cementitious lining of Pre-cast Manhole - 48" Diameter ~ D ' per vertical foot 4.} Cementitious ling of Brick Manhole - 60" Diameter ,~~ per vertical foot ~7 ~ ~~ 5.) Cementitious lining of Pre-cast Manhole - 60" Diameter ~ ! . per vertical foot. 6.) Lift Station Surface Rehabilitation by Cementitious Lining ~ ~ ~ per square foot 7.) Sewer By-Pass By-Pass Pump Setup with Bypass Pumping n ~ _ a. Bypass 8" Sewer Setup e~c C~7 each b. Bypass 10" to 12" Sewer Setup ~a ~ each • ~ '''~ c. Bypass ~5" to 18" Sewer Setup ,~~ ' each d. Bypass 24"Sewer Setup ~ DEb • each d~ ~ ~ ` d e. Bypass 4" Pump per ay ~ f. Bypass 6" Pump ~~`]' per day g. Bypass 8" Pump ~D` per day h. Bypass 10" Pump ~D' per day 8.} Adjust Existing Manhole Casting within Asphalt Pavement D~ • each 9.) Adjust Existing Manhole Casting within Green Area ~~' each 10.} Fumish New Ring and Cover DD ' each 11.) Re-Construct Manhole Bench and Flow Channel ~~ F each 12.} Furnish and Install Manhole Chimney Seal ` ~ each r~^ ~ i3.) Re-Install Existing Pump base 4" )tJ[J each 6,~ I;D ~' each " d ' a h 8 e c 25 1.4.} Furnish and Install 6" PVC Interior Drop 15.) Furnish and install 8" PVC Interior Drop 16.) Re-construct Lift Station Fillet 17.) Removal of Existing Coating 18.} Remove and Replace Existing Piping and Valves, within Existing Submersible LiFf Station through Existing Valve Vault :' -, ' ' ~~ ~ 2 to ~4 each 4' io 6' each ' ' ~~' ~ to 8 6 each ' ' 1 ~,~~, 6D " ' ' to 4 2 I ~-~ each ' ' ~~ `~ to 6 ~ CO each 6' to 8' r-~ ~ I ~` each L~ fi' Diameter ~ fly' each 1~ ~ 8' Diameter R ~ o(OD' each _.._:. ~ nn ~ 14' Diameter ~..1DD ` each ' per square foot ,q° ~ OID~ ` each 6" ~ l0 ~ 00`?' ~ each 8" ~~i~•~each 2G ~ k31D SrGNATURE FORM ~` PLEASE AFFIX SIGNATURE WHERE LNDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #: 2002-3T Opening Date: Tuesday, Au_gusf 27,_2002 B!D TlTLE: Sanifa Sewer Manhole Interior Rehabilitation CDMPANY NAME Fa ~'~ Ps1~1P Lo • ~[ _ ' -DATE: ~ ~ ~ a" NAMFJTlTLE: ADDRESS: .STATE Z!P'CODE ~3~~ ~- ClTY FEDERAL TAX l.D. #: TELEPHONE: FACSlMlLE *SIGNA ~~ VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: TELEPHONE: r~G ~ ~ i 27 y STATEMENT OF NO BAD Bid # 20Q2-37 Sanita Sewer Manhole interior Rehabilitation If you are not lidding on this servicelcommodity, please complete and return this form to: City of Delray Beach Purchasing Office, 100 NW 1st Avenue, Delray Beach, FL 3344 or fax to (561) 243-7166. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Defray Beach. COMPANY NAME: ADDRESS: TI/LEPHONE: L~ SIGNATURE: DATE: Minority Owned Business: ( }Black ( }Hispanic ( .) Woman ( }Other ~• ~ r (Specify) We, the undersigned leave declined to bid on your Bid # 2042-37 For: Sanitary Sewer Manhole Interior Rehabilitation Specifications too "tight", i.e. geared toward brand or manufacturer only {explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent REMARKS: f Our product schedule would not permit tts to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain belo-v} Otltier (specify below) 28 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Service Department THROUGH: David Harden; City Manager DATE: October 13, 2008 SUBJECT: AGENDA ITEM L.2. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 PURCHASE AWARD/LINE-TEC INC. ITEM BEFORE COMMISSION Request approval of a purchase order to Line-Tec, Inc. in the amount of $25,000.00 for Water Service Relocations. The terms and conditions are based on the current contract with the City of Boynton Beach for "Supply and Installation of Water Service Connections and Restoration", Bid #027-2821-07/JA. BACKGROUND The Public Utilities Division requested funding for their annual water service relocation program with the current year's budget allocation being $25,000. The award will allow us to continue with our annual water service relocation program, moving rear yard water service meters to the front yard. The request is in the amount of $25,000. We have identified areas in the southwest and northwest sections of the city where these relocations are needed. FUNDING SOURCE Funding is available from account #442-5178-536-49.33, Water and Sewer Renewal & Replacement Fund/Water Service Relocations, P/N 2009-003 after budget transfer from 442-5178-536-65.17. RECOMMENDATION Staff recommends an award to Line-Tec, Inc. in the amount of $25,000.00 for Water Service Relocations. y 93/07!2007 71: 0H 561742 6 BC~YNTON BCH FINANCE PAGE 01 Tie C_:ity ~ - - &~ ataal~e+e~ ~~zocv~r s~evres~s I UO E. 907E'1vTpN B~ACX~ B01'TLEV,~RD P. a. ~80.~C9,~p BC Y7~'Y!N B244 L',FI, FLORIDA 334~S-Gt5.7Q ~Br.~~lar+t~lvo: r5isll ~~t,9-sgio F.aac. ~s~zr ~~~aze Nxaxah 06, 24©7 dine Tec Irxc. 12/0 S_E, First Street Bayrlton Beach, Fl 33435 Attn: Scott Ellsworth SZA: "TW(~-YE~0.R C©1~TRA,+CT FUR SUPPLY AND ~NSTALLA,'~'IVN OF yV.ATER SERVICE CUN1'+TEC"I`l1UlStS ~& RESTORATION" BIDS: Oz?-Z82I-07lJA CONTRACT PE1~I4©: MARCH 4~, ZD07'I'Q MARCH 45, 2t1Q9 I3car Mx. Ellswort~i: At the City ~orr-tnrssion meeting of March 5, 2©07, the Bid .fox °`TWO - Y1E:AR CONTRACT' FOR THE SCTPFLY AND E1~iSTALLATIOIV OF WATER SERVICE CONNCTYQNS & RESTORATION" was awarded to your cortapany. As stipulated wit:l*ira the Bid specifications, your company's original certi#icate of insuxarxce is to be provided Co our Risk Mamagemen# Department at your earliest convenience, narnintx the Cety as additionally insured. We would like to thank you fQr responding to this Bid and look forward to working wzth you. A tSb~ulatidn skeet is e>,aclased for your review. A Blatalcet purchase Order will be issued upax~ receipt of your insurance. [f you have any questions regardiztg this Bid, please call ]anct Allan, Buyer, at ('SC1}"742-6322. 5iztce~JrelY, / ,~... Bv6by Jenkins Deputy Finance Dixector ~~~ 8ncsasure: 'raburauor+ Shea rn; ~,e6 $arkkinin 9are Conboy (;e~stral Fi1c Fite Z~d Xk~~ .~3C~I3Sd~l dH WdS~=~T G00~ 5i -SEW The City of Boynton Beach Procurement Services 700 E. Boynton Beach Boulevard P. O. Box 370 Boynton Beach, Florida 33425-03]0 Telephone: (561) 742-6322 FAX: (561) 741-6376 REQUEST FOR SID FOR TWO -YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION BID # D27-2821-07/JA Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P_O. Box 310, Boynton Beach, Florida 33425-0310 on oz by: JANUARY 1 `7 2007 No Later Than 2:30 P.M. ocal Time . Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated All bids received will be publicly opened and read aloud. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp sha1I be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that a bid can be considered. The City reserves the right to consider bids that have been determined by tI?e City to be received Late due to mishandling by the City after receipt of the bid and no award has been made. Any questions relative to arty items} or portion of this bid should be directed to ,lanet Allen, Buyer, (561) 742-6322. The following language is Fnade a part of and is to be included in the specifications hereto attached: if and whenever in the specifications a brand name, make, name of any manufacturer, trade Warne or vendor catalog number is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase 4R E UAL is added. However, if a produc# other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on iterr~{s} submitted_ The City shall be the sole judge concerning the merits of the bid submitted. SCOPE OF B1ID: Tl,e purpose of this bid is to provide a riva {2} year contract for the supply and installation of water service connections related to the 2" galvanized water main replacement program to include taps; service connections; placement of meter boxes; valves; service Imes and restoration; along with relocation of water services, meters, and mains from rear easements to front yards at various locations within the City of Boynton Beach Utility's service area. Contact: City of Boynton Bcaeh Procurement Services 100 E. Boynton Bcaeh Boulevard Boynton Beach, Fi. 33435 (561) 742-5322-Jaaet AIIen Office Hours: MONDAY - h`RIDAY, 8:00 A.M. TO 5:00 P.M. z SPECIFICATIONS FOR TVt'O -YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION This specification is for the two (2) year supply and installation of water service connections and service lines, to include water taps and restoration related to the 2" galvanized water main replacement program; relocation of rear easements to front yards; and replacement of existing water mains and service connections utilizing published Utility Department Standards of Construction from the mains through the meter box and Standard Plumbing Code from the meter box through the building connection at various locations within the City of Boynton Beach U#ility's service area, Boynton Beach, Florida. Please place an (xj on the blank line next to each item if a specification is met. if exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-of#" sheets (Pages 3-5) with the proposal sheet in order for a bid to be considered. One set of original and two sets of copies of proposal. The unuit bid pace for house water service connections at the new Cit installed meter and Y Douse valve includes the l" gate valve at the pause connection and sod restorations specific to each house This price will be for all labor and materials necessary to perform the installation in accordance with the Standard Plumbing Code, City of Boynton Beach Cordes and Ordinances, and includes all work not paid for under separate item Also included in the unit bid price for water service cozrnection and restoration will he the cost for, all permits outside the City of Boynton Beach. These permits will be obtained by the Contractor. The City of Boynton Beach requires one permit drawn for each installation within the City, and these fees will be waived. The Contractor shall provide all information required for the permit application. The requirement for individual site plan is waived in lieu of the typical installation site plan which you will provide with your permit application submittal All new water services will be connected at the same point of connection at the existing house valve yr service point Quantities estimated at 350 services per year are rovided for estiznatin u ases onl . P g P ~P Y Payment will be based on actual installed quantities 3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL iN ORDER FOR BID PACKAGE Ta BE CONSIDERED COMPLETE AND ACCEPTABLE A 12 foot wide temporary easement, the center of which coincides with the relocated water service, will be secured by the City for the purpose of this installation. The Contractor will confine his activity to within these limits The Contractor's entry onto the property for the purpose of this installation, will be reported to the City Utility inspector 48 hours prior to such entry Jc The Contractor will provide 48 hours notice to the homeowner by door hanger stating the Contractor's intention to begin work. Infornnation contained on the hanger will include as a minimum: Contractor's Name Name of Contractor's Representative Date of Entry Date, Time and Duration of Interruption of Water Service All work related to each installation includin restoration wi g ll be completed within ten ~( (10} calendar days of the date of entry onto arty property ~ ' The Contractor's liability insurance will be in effect for all work related to this contract The Contractor is to submit one (1) original and two (2) copies of their bid The Contractor will not store material or equipment on any of the temporary easements. Equipment and material storage within the right of way shall be with the approval of the Utility Departrr~ent inspector and at the risk of the Contractor. No material will be stored in front of any residence All trenches will provide a minimum of 12 inches cover and be a maximum of 8 inches wide and will be hand dug or performed using trenchless methodologies. No other equipment will be allowed in the yards. Any request by the property owner to either the City or Contractor that the trenches be hand dug will be honored and a walk behind trencher will not be allowed on any private properties Contractor will rovide a one 1 p (}Year warranty for all work and materials related to the water service connection, service line and restoration A daily project inspection by the City Utility will be made and all customers will ~e connected to the new water service before the Contractor's quitting time THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEP'T'ABLE 4 ,~ The Contractor will respond to all emergency requests within one (~) hour and nan- emergencies within 24 hours. A contact phone number available 24 hours a day 7 days per week must be provided Contractor will prepare a listing of items and quantities from the proposal page on a per property basis This listing will be presented to the Utility Departrnezat inspector and mutually agreed upon prior to any work commencing Bid proposal prices are valid for two 2 ears with ttae ossibi ' ( ) Y p lrty of an extension of one (l j additional year, pending mutual agreement The Contractor agrees to commence work within seven (7) calendar days after receipt of order and will complete the work within ten (l Q} days per individual property The Contractor must have an Underground Utili License ty TH]S PAGE TO BE SUBMITTED ALUNG WITH PROPOSAL IN ORDER FUR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS• The bidder is assumed to be familiar with all Federal, State and Local Iaws, ordinances, rules and regulations that in any manner affect the equipzrxent. Ignorance on the part of the bidder will in no way relieve them from responsibility. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered_ The bidder must state the price and the tune of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. All bid forms must be executed and submitted in the envelope (generally "yellow' provided by the City for easy identifcation. The bid submittal envelope is provided in each bid package and is attached to the "Statement of No Bid" form. The face of the envelope shall contain the company's Warne and address, bid title, number, bid date and time. When the bid submitted is larger than the envelope provided, insert requested information and material into a large envelope, affix the bid envelope to the outside and fill in all requested information_ Bids not submitted on attached bid farms may be rejected. All bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a bid, respond by returning one copy of the "STATEMENT OF NO BID" in the envelope provided (generally "yellow', and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause far removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO B:CD" and it must be received no later than the stated bid receiving date and hour. BID OPENING: Shall be public, on the date as specified on the bid form. It is the bidder's responsibility to assure that the bid is delivered at the proper tune and place prior to the bid opening. The City of Boynton Beach is not responsible for the U_S_ Mai] ar private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are not so delivered, will not be considered. The City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid and no award has been made_ Offers by telegrafn ar telephone are not acceptable. RIGHT TO REJECT BID: Right is reserved to reject any or all bids and to waive technical errors, or to accept any bids that are in part deemed as the best responsible bidder which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. This would include specifications, delivery requirements, the initial purchase price, life expectancy, cast of rr~aintenance and operation, operating effciency, training requirements, disposal value and other factors contributing to the overall acquisitiotf cost of an item. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product 6 warranty, a bidder's proposed service, ability to supply and provide service, delivery to required schedules and past performances in other contracts with the City ar other government entities. EVALUATION FACTORS- The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the best responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved ar not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid opening time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid unless the bidder specifies otherwise; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate fnancial, material, equipment, facility and personnel resources and expertise, ar the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performances; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE- Bidders must furnish all information requested in the spaces provided an the bid form. Further, as may be specified elsewhere, each bidder rnust submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered.- Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions cancerriing conditions and specifications should be directed to this off ce in writing no later than ten (1 ~} days prior to the bid opening. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida_ ADDITIONAL UANTITIES: The right is reserved to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "SID IS FOR SPECIFIED QUANTITY ONLY". SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach xeserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper. performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves a]I rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City .may issue an addendum to change the intent ar to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procuxennent Services, it is each bidder's responsibility to check with the issuing office and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addendum(s} in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their awn prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or whatsoever, is ata approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the carne. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing Iabaratories_ The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter II9, Florida Statutes, 7971, Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and ar Purchase Order may result in the bidder being found in default in which event any and all reprocurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list_ DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACT10N: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the tune the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS• In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL RE UIREMENTS: Federal, State, County, and City Iaws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of la~owledge by the bidder will in no way be a cause for relief from responsibility. 4N PUBLIC ENTITY CRIMES -All Invitations to Bid as defined by Section 287.012[11), Florida Statutes, requests for proposals as defned by Section 287.012{16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph {2}{a) of Section 287_I33, Florida Statutes, which reads as follows: "A person or affliate who has been placed on the convicted vendor list following a convicfion far public entity crime naay not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, nay not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 3b months from the date of being placed on the convicted vendor list". 9 ADVERTISING: Iri submitting a bid, the bidder agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the moneys which may be came due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The supplier hold and save the City of Boynton Beach, Florida its officers, agents, volunteers and employees harmless from liability of any kind in the performance of this Contract. PURCHASING AGREEMENTS WITH QTHER GOVERNIViEIVT AGENCIES- This bid may be expanded to include other governmental agencies_ In some cases, Cooperative Purchasing Agreement exists or an Interlocal Agreement for joint purchasing exists between the City of Boynton Beach and the other public agency. All bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to ALL POLITICAL SUBDIVISIEONS OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, under the same conditions, for the same prices} and the same effective period as this bid. This agreement in no way restricts or interferes with the right of ANY POLITICAL SUBDIVISION OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, to re- bid any or all items. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this advertised request constitutes a bid made under the same conditions, for the same Contract price, and for the same effective period as this bid, to the PALM BEACH COUNTY SCHOOL BOARD. AWARD OF CONTRACT: The low monetary bid will NOT in all eases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the best responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all bids and to waive technical errors as heretofore set faith. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an improper award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfed that the best responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELNERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F_O.B_ destination indicates that the seller is responsible for the shipmen# until it reaches its destination. Any and all &eight charges are to be included in the bid fatal. The bidder's invoice payment terms must be shown. l0 WARRANTY„REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shad be for a period of 365 days or the tune designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the discretion of the City. Contact Procurement Services, for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up tune. The period of warranty delay will be coordinated by Procurement Services. PRICES TERMS AND PAYMENT: Firm prices shall be quested, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount far prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipmenUservice has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the UTILITIES DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (3p) days. If any equipmentlservice has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAKES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination. listing where such has been established. It LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Deputy Director of Financial Services and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is srrbsegUently found to be defcient in any O_S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc_, into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all ernpioyees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements_ UESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to: Les Sarkk~nen a# 561 742-647G Mouda throe h Frida 8:00 A.M. to 5:00 P.M. RENEWAL: The Assistant Director of Financial Services may renew the contract, at the same terms, conditions, and prices, for one (1) year intervals subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 12 SPECIAL C4NDITIf)NS F4R BIDDERS 1. It will be the responsibility of the successful bidder to supply necessary labor for placement of all equipment as specified. 2. Award is anticipated on atr all-or-none basis; however, where applicable, item by item offers will be considered and the best combination will determine the award. 3. The City by written notice, may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. if the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 4, It shall be the responsibility of the successful bidder to maintain workers' compensa#ioza insurance, property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. Loss by fre or any other cause shall be the res onsibili of the vendor until such time as the items and/or work has been acc ted b the Ci .The vendor shall furnish the City with a certificate of insurance allrer award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B-~ in accordance to A.M. Best's Key Rating Guide, latest edition. S. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deerrx necessary, and may consider any evidence available to it of the financial, technical and other qualifcations and abilities of a bidder, including past performance (experience) with the City in making the award in the best interest of the City. 6. The successful bidder shall at all times guard from damage or Toss of property of the City or of other vendors or Contractors and shall replace repair any lass yr damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions as it may deem necessary to insure reirzabursement for lass or damage to property through negligence of the successful bidder ar Iris agent. 13 ATTACHMENT A city of Soyntvn Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and canditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a CertiEcate of Insurance listing. the City as "Certificate 1-colder" and "The Ctry oT Boynton Beach is Additional Insured as respect to liability." insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NdTE: Art insurance contract or binder may be accepted as pravjoj insurance if Certificate is provided upon selection of vendor.) The following is a Iist of types of insurance required of contractors, lessees, etc., and the limits required by the City: [IYQTE: This list is not all ine)nsive, and the City reserves the right to require additional types of insurance, or to raise at lower the stated lirrutsy based npoa ideatllied risk.) "TYPE (Occurrence Based Only} MIN3MUM LIiV1ITS REQUIRED General Liability Genera3 Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Prot. Persona; & Adv. injury $ 1,D00,OOD.00 Liquor Liability Fach Occurrence $ 1,DOD,ODD.00 Professional Liability Fire Damage (any one fire} $ SD,OD0.0p Employees & Officers ]vied. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Paint Abatement Btnad Farm Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual independent Contractors Broad Form Property Darnage Fire Legal Liability Builder's Risk (Limits based on Project Cost} Automobt~e Liability. Combined Sin le Limit $ 50(1,000.00 Any Auto 13odiTy Irtjuty (per person} to be deterrrnned All Owned Autos Bodily Injury {per accident} to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ SO,D00.00 T•lan-Owned Autos PSP Basic hrtemtodaf Garage Liability ________._.----- -----~-_ ~ Auto Only, Each Accident ~~----- --~-$ 1,000,000.00 Any Auto Other Than Auto Only $ 1 D0,00D.00 Garage Keepers Liability Eacls Accident $ 1,000,1100-00 Aggregate $],{}00,000.0(1 Excess Liability ~ Each Occurrence ~~ ~_____~ -to be detem>Fned Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Emptoyer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 506,000.00 Disease Each Employee $ 100,000.00 Other - AS Risk Identified to be determined INSURANCEADVI$ORYFO1tM03 ~ Revised Oll2000 14 ,, ,. ~,... THE ~DCUMENTS B.~I~IND THIS PAGE . MAST A C`C`QMPANY RESPnNSE 1'N QaRbER FOR ~S`UBMITTAL TO BE C`ONSIi~El~ED C41ifIPL,~TE ANIa ACCEPTA~L.E BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES I00 E. Boynton Beach Boulevard P.O. Box 3l0 Boynton Beach, Florida 33425-0310 Telephone: {56I) 742-6322 Broadcast Date (City}: DECEMBER 5, 2006 Bid Title: TWO -YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION DF WATER SERVICE CONNECTIONS AND RESTORATION Bid Number: OZ7-28ZI-07/JA Bid Received By: JANUARY 17, 2007, NO LATER THAN 2:30 P.M, {LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and tune is scheduled for: JANUARY 17, 2007, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90} days after such date and tune. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. ~. Narr~e of Vendor: ~ ~ - ~ `~~- <:. li ederal I.D. Number: ~ J - ~ ~ TLS. ~ ~ ~ - ACorporation of the State o£ ~ 7-- ~ ., ,. ~Z.-~---.- ~_z~_._ Area Code:~~ Telephone Number: ~~ ~. Mailing Address: City/State/Zip: I ~ 5 ~ ls~ ~~~~ ~~ . 3 Vendor Mailing Date: f 15 THIS PAGE TO BE SUBMITTED AL©1VG WITH PROP05AL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Name Typed PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA fOR TWO -YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION To All Bidders: Date: _ ~ ~ ~ ~C~b The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product service called far. When submitting snore than one bid proposal price for this product and/or service, indicate how many individual and/or combination stern(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product service in accordance with the specifications for the sum of: ITEM ITEM DESCRIPTION UNIT OF UNIT PRICE NO. MEASURE 1 Furnish acid install water service Each connection from City installed rrieter to house valve ate valve Size 1" ~C]Q . ~ C'~ 2 Furnish acid install I" schedule 40 PVC Linear foot water pipe and sod restoration over trench ~J - L~ O 3 Installation of I"meter box and lid Installation er unit ~ ('- ~?O 4 Installation of 2"meter box and lid Installation er unit ~ 5 Furnish and install two inch coiporatiori Installation! materials st and saddIe/less than 4` in d th er unit °~-, . ~~ C? 6 Installation acrd price, per foot, of 2" Installation: ~ . ;~ ~ service line with PVC casing Price per foot: ~ 7 Price to terminate/abandon existing Labor per unit water service ~ ~ ~, ~ ~ Hems &72 will be used as aril pricixg for b"D7P water lines to ¢nhcACe erecutipn a this ro'ec7 8 Furnish and install 6" gate valve with Installatian/materials box er unit Ej p, ~ 9 Installation and price, per foot, of 6" Installation: t . t~:7 DIP water main installed with fittings Price per foot: ~ . ~~ J l0 Installation of fire hydrant assembly Installation only with 6" ate valve com fete ] ~~~ _ C3a 1 ti THIS PAGE TO BE SUBM~1'T ED IN ORDER F©R PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Z 1 Installation of sam le Dints Installation onl , t,~ l2a Installation of tapping sleeves and SEE NOTE valves/non- aved area ~ pLj ~ crJ l2b `Installation of tapping sleeves and SEE NOTE ~ valves/ aved area ~ , C~ Items 1-I~b will be used as bid evaluatmn. .Items 12-ZO will be used as second evaluation criteria. 13 Additional cost for hand di trench Linear foot q 14 Additional cost for restoration of Square foot halt driveways ~J . s ~ 15 Additional cost for restoration of Square foot concrete drivewa sJsidewalk ~ . ~ q l 6 Hourl labor rate Per hour ~, . c~4 17 Hourl rate for trencher, if needed Per hour - 18 Hourl rate for backhoe, if needed Per hour ~ 19 Hourly rate for boring machine, if Per hour needed ~ . ~C~ 20 Mark up on wholesale cost for Percent Markup additional vegetative restoration (if required), based on invoice provided by p-~ ~~ / vendor indicating wholesale cost: ~~-' '~To include all Labor and appurtenances normally associated with water main replacement programs. Two prices should be provided: (12a} installation in non-paved area, and (12b) installation in paved area. Both prices should include restoration to "as found" or better condition. ALL PRICES F.a.B. BOYNTON BEACH It is further agreed that the productlservice will be completedldelivered within ~ calendar days from the date of the Purchase Order from the City. N~unber of Bid Proposals submitted Original and two copies submitted ~.-~' Yes/No Evidence of possession of required licenses 1~1 es/No Specification "check-ofl" sheets (Pages 3-S) Submitted: ~4 es/No 17 TffiS PAGE TO BE SUBMITTED IN dRDER FOR PACI~.4GE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Anti-Kickback Affidavit Submitted ' esfNo Confirmation of Minority Awned Business i~ Submitted Y s/No I?rvg Free Workplace Submitted ,Q es/No '' ~ ~ . ~- COMPANY NAME SIGNATURE PRINTED NAME ~.~' ~~ ~ ~ TELEPHONE NUMBER ~~~ dJ ~~~ Florida Contractor's License Number TTTLE t& THiS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH 55 I, the undersigned hereby duly sworn, depose and say that na portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. BY - GNATURE Sworn and srabscribed before m this / (p ~h day of ~ ~ Lc r ~ t ,2Q 0 ~ NOT PUBLIC, State of Florida a# Lang .. _Commission #DD432278 ~' - ~Y zz, 2oog '~o~`$x ~;r Expires; `r~u~+'~ WwW.AARONHoTARY.mm "OFFICIAL NOTARY SEAL" STAMP Printed Information: NAME TITLE i ~^ COMPANY I9 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL ~N ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF MINORITY OWNED BUSINE5S A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an off cial part of your bid response. ( } .AMERICAN INDIAN ( ) ASIAN ( } BLACK ( } HISPANIC ( ) WOMEN {~ OTHER ~ ~y~ l t~~~~7 lti (specify) ~ e 5 5 ~ v,~ ~ y~ y_i_'~-P o J ~-,~~, Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization from which this certif cation was obtained and date: Issuing Organization for Certification ~~C- ~ ~ ~~~~~ Dat of Certif cation r~/36 ~ ~jVS iy~~r~S ~~is ~~ zo THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FGR PACKAGE TD BE CDI~ISIDERED CDMPLLTL Aidl? tICCEPTfi13LE CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with dnzg-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have adrug-free workplace program. In order to have adrug-free workplace grogram, a business shall: I} Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2} Inform employees about the dangers of drag abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3} Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specif ed in subsection (l }. 4) In the statement specified in subsection (I), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sancfion on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee W120 Z5 50 COnVlCted. 6} Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person: auth©rized to sign the statemeot, I certify that t arm complies #'ully with the above requirements. _ ~~~. Ve or's Signature 2t THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGLr 'I~t7 BE COl~'SIDEIiED COMPLETE AIYD ~1CCI='iT`I`f~LT.~i STATEMENT OF NO BID if you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P_O_ Box 31 Q, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's List for the City of Boynton Beach. COMPANY NAME: 1 ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bi 02'7-2821-07/3A CONTRACT FOR THE SUPPLY AND INST CATION OF W CONNECTIONS AND RESTORATION because the following reasons: far TWO -YEAR Specifcahons too "tight", i.e., geared toward brand or manufacturer only (explain below} Insufficient time to resnon o the Invitation to Bid We do not offer this prgfluci or an equivalent REMARKS: Our product sched e would not permit us to perform Unable to meet necifications Unable to ~eet band requirements Specifications unclear (explain below) Other (specify below) 22 C~~tact dad #027-2~2 I -O~fJ~ ~ac:.~a~uary ~, ~~~~ ~~~~~p~~~~ ~3~d I~~~ Add~~io~~.l seI'~~~ces ~lf~ila~ie i~~ ~~s~~~:~ati~r~ ~vi~~l t~~is ~"{~nt~-~ct. Item l~escriptian Unit Price #21. Furnish ar~d install l"corporation stop and saddle Less than ~' in depth. ~275.C)4 #22. Installation of 4" C9Ot3 l'VC~ price per foot with fittings ~31.SO T23. Installation of 5" C~9OO PVC price per E'caot v,~ith fittings X38.50 #2~-. Installation of S" ~9OC) 1'V~ price per foot with fittings X45.50 #25. Replacement of ire hydrant ~oniyj with materials using existing valve $2500.00 #26. Installation price per foot of 2'' p.E. service lime y4:~a casing far sham side X15.50 #23, Installation prig per feat of 1" I'.I~. s~rviee line wlo casing for short side ~I~.C3O #28. Iz~stailation price per foot of I'" I~,F. service line with easing far fang side ~I5.Ot? #29, Installation of I" ball rzaeter, yal~e bar arzd tail piece $ t 25.C?O #29_ Installation of 11/2" ar `~" gall meter and meter connectian #3O. Installation of 2" resetter {tabor only] #~ l . Installation of 2" blow off assembly .#32. Installation of 2" IBS gate valve az~d saddle r.€~anptete with valve box #33. Ir~stallatian of 4" Gate Valve with box #34. Ir~stallati©r~ of 8" Gate Valve with box #35. Installation of 2" baclC~la~v prey°entet- #36. Installation of I'' backlto preventer ~'~SO.CIO $35(I.OO $325.00 ~SSC3.OO ~55O.00 $75O.OC3 ~~25.0O X325.00 Item IJescription Unit Pace #37. Enstallatior of ~XtJ on existing ~~R rrteter (Plug unit only) $ I O.t~O #38. Installation of 518" water meter ~~~.~~ ~3~. Installation ©~ ~"water rI2~t~~' ~~$.~~ #4~. Installation of ~ .5" water meter ~ ~ 5.00 1. Installatit~n of 2" ~•ater meter ~ l 75.£l0 #~2_ Famish and install I ~/4" SCI-I 40 l'VC ~~-ater service pipe ~ =I.25 #43. Furnish and install 1 %" SCE 4€7 PVC" water se?-viee pipe ~ S.f~£? X41. Furnish and install 2" SCH 40 PVC water service Pipe ~ 6.25 #42. Reconnect to existing sprinkler connection at Douse ~ ?S.CI~ #43. Sod restoration por water rnairg propects price per SF ~ ~ .~~ #44. Pass through on rrzaterials riot covered under line items Cost plus 20°/© a W o r v C ~ A ~ ~ W ~o N d ~A Q ~ ~ N ~ ~ ~ ~ ~ ~ w ~ ~ r~ "~ ~ O ~ ~ v~ ea ~ n ~ N -+~ ~ ~ ~ ~o N ~~ J ~ ~ ~ ,N !- ` ~ ~ N ~ ~ V `~ ~ ~ _ ~ ~ ~ W ~ ,O ~ ~ ~ ~ p va ~ ~ W ~ ~'O ~ ~ ~~ ~ *O c i W m J ~ w ~ p Z ;Q O ~~~ ~ ~"' ~ ~ ~ w ~ ~ 4~ rw Q ~ R, ~ ~ ~ v J ~ J ~ ~ ~ ~ ~ ~ ~. a Q `~ w '~ U p ~ ~ ~: W ~ ~ ~~ a ~. ~ ~ ~~ ~° o ~~ ~ ~ ~ ~~ ~~ .~ .~... _. ;=~'° ~. c 0 .~ c ~ ~ • ~ ~ . `~ ~, V ~ ~ *°+ ~~ ~ ~ a . ~,~ o~ o ~ ~ ~ 3 ~ o~ ~ ~ ~ ~r o ~~; c ~~ e .+~ ~ ~ ~° .~ o ~ a ~ U '° ¢ v ~ u A m w fx! c 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Scott Solomon, Manager Water/Sewer Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 14, 2008 SUBJECT: AGENDA ITEM L.3. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 PURCHASE AWARD/POOLSURE OF SOUTH FLORIDA ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase order to Poolsure of South Florida, Inc. for the purchase and delivery of sodium hypochlorite; valid from 10/01/2008 thru 09/30/2009 in the amount of $60,870.00 for an estimate quantity of 40,580 gallons at $1.50 per gallon. BACKGROUND Sodium hypochlorite is used as a disinfectant/antimicrobial agent and is a general disinfectant to destroy bacteria, algae, slime, fungi and other micro-organisms in the sewage systems. Currently the Water and Sewer Division purchases this product from Poolsure of South Florida, Inc. in small bulk loads for five (5) City of Delray Beach locations, Gulfstream, lift stations #50, 80, Owens Baker Road and 5000 block of W. Atlantic. All of the sites require quantities of 500 gallons and 1,000 gallons and cannot accommodate a tanker size truck delivery. Poolsure of South Florida, Inc. is only vendor that will deliver in quantities smaller than tanker loads at same price of full tanker quantities. FUNDING SOURCE 441-5123-536-52.21 WATER AND SEWER SERVICES/OPERATING SUPPLIES/CHEMICALS RECOMMENDATION Staff recommends a blanket purchase order for the purchase of Sodium Hypochlorite "as needed" from Poolsure of South Florida for an estimated annual cost of $60,870.00. Page I of 1 Nadal, Patsy From: Solomon, Scott Sent: Tuesday, August 05, 2008 12:54 PM To: Nadal, Patsy Subject: 1=W: Poolsure Patsy f have discussed this with Victor and we are OK with their request for a per gallon the increase. Thank you, Scott W. Solomon WaterlSewer Network Manager From: mbrandt479@aol.com (mailto:mbrandt479@aol.com] Sent: Tuesday, August 05, 2008 12:40 PM To: Solomon, Scott Cc: Nadal, Patsy Subject: Poolsure Scott- As a follow up to your call, we agree that the price for chlorine effective August 1, 2008 shall be $1.41 per gallon and shall remain the same through September 30th, 2008. Beginning October 1, 2008 and running through September 30th 2009 the price shall be $1,50 per gallon. Should there be a reversal in the steep increases we have received we will adjust your price accordingly. Mitchell Brandt Poolsure Looking for a car that's sparty, fun and fits in your budget? Read__ reviews on_AOL Autos. 8/6/2008 0~P25l2t388 14:45: 3t358854fs71 ~I1:D l#~EillERSd9l.. RACE 81 3~i0F 7~'&3' f3S A,+e~x+re ~tdio~F1% Ftar[da ~3f78 ,l'D.~~$~4-Z63~ aura 3QT~153~3t~/~x AWE U5A1 L~}flF~1ERAii09+i ~~ .iuly 2S, ~OfJB F~oOi Sure Hogyr~oad~ fl. Fax ~ i~~-~'T9~ Atfi: Mitch - t~ar Mftd1: • Per our earlier aolavefsatlar~ this fetter fa tlb Cdlllirrn ~ eutf>~tent3a! price Intaea~ on >;3odium Fi3rpo~rloil~ to your t~cilities. Tile fratxease is due to many think end i v~rlll ~ to faarats. T. The mein ca~uae fOr the 1tlare ~ the use In ~ ~eue~ Scads which ~ txte of #!'1e major ita~Eetffe~ti73 in rruiic'mg Sodium Hypbchidrite. liver the leaf threr moratpaa the P+~'1Get dta C~ac1s#ia #aas inar~ ~ toner ~50Q,iiQ ~ tan. Claw end i~P~ end ell the rather maJar sc,ppiiers of our ran~- msier~~ sada ae Chksrins and Caeudstia have al[ announced Fans Ma~eurs, 7hloo means #aat they wlll net ~ able to hart~x their ~stfn~ cant>~cts. f~ and PPG h l~ annnunnad a i~'16 atbt:~1 arld bider cOntrbl t1n ali ot+ders. Same o€ the rather scappllt~ h>d-r8 ~lnauttaed a T8li at[o~atiara. dow has also infti~tl ~ raraw Eisiltatr surdtarge bi $~.f>K! per tier. ~Uith the houelrag market doant, Gaue~c is r~ being Created b~a11aE: Cri'1lCaird.' is net !A datrsapc_ Tiuyt,elong with one pant closings and'tha rnafierlaa ~ rlaii aniy more expenaive.but elan rtat ~ avaiiable aes It naede #o #ae. ~. We are etl mare pf die ire in ftei~iit tit: erld file e]gst of rrl~ to tsar Itdes has increased more than vwe had t~ver 11I'nalQined. IF all the cast ins hold ir1 the marketplace, dte rnanuf~c~r6^~ tx>st increase a€ one g~~n 1~ SDtllurrt H~+pachiarite will have incxtaased ray $.2Q to $.~~ or ntnre }>er ~a~m. As ahailges occur in the marlce~iaae I wl[i attempt to Eceep you atlvfsried on a tlrriely be3is. Th$nits far ali of your eaaperation and e~nsiderabnns. 391 t+1W 1 IS~Rvenne r~a~r. etatda 3]170 3G~$S&2123 9sni tam Ro.d Ft 1*larra, Rlfat4o 34987 T~A4ti+M6l~T 3C rtes! [3er~n Drive '~tliFYlAe, Ad$ 344!7 5zrs w. 'tys~ AiNrtuo '7x~ur, ~lgrida 3741 T Ra3~R32~Sti8 E3io N W 93id Scra 20q• Hood t4tts Pim~nfrn FEano,u ~ MiAUrrirFlmidn#SlfiS 8htd6*~.GA'~~aZS RsfO{s'.f~h9a734 3Lf5.668~023 9t2r2G7~1d70 ~ 7U6 3'.}~i-7371 also tuft x~ad l~dlt tvierft~fit,lkIt 72161 870••732-]1 Q't ~° . ? ^• R4N 4 3y t,. ____ c:Za. ~ 1~ a e Mitchell Brandt, President Paolsure of South Florida, lnc. 4800 N. Federal Highway, Suite B Boca Raton, Florida 33431 REF: Fwnish & Delivery of Sodium Hypochlorite Mr. Brandt; The requested price increase per your email dated August 45, 2008 for the purchase of Sodium Hypoc€~larite has been approved by the City of Ilelray Beach an August 06, 24as. The price per gallon for Sodium Hypochlorite will be in effect as listed: August 01, 2008 through September 30, 2008 $1.41 per gallon October 41, 2008 througb. September 30, 2009 $1.54 per galian Tf you have any questions in regards to this mutter, you may reach me at (561 } 243-7161. Sincerely, ~/' Patsy N , Purchasizig Manager Cc: Joe Safford, Finance Director Victor Majtenyi, Deputy Director of Utilities Scatt Solomon, Water/Sewer 1Vetwork Manager .~ERVICE PERFORMANCE ' LN~'EGRITY ~ESPONSIS~E INNaVArrVE ~EAMWORK PURCHASING DIVISION TO: David Harden, City Manager FROM: Patsy Nadal, Purchasing Manager~~ THROUGH: Joseph Saffo~? F rtance Director DATE: August 6, 2008 SUBJECT: Poolsure Price Increase Request Sodium Hypochlorite (Bleach) Dn November 06, 2007 the City Commission approved the annual purchase of sodium hypochlorite from Poolsure of South Florida, Inc. at the quoted price of $9.30 per gallon. Sodium Hypochlorite is delivered in small quantities to four (4) City sites. SmaN quantities are required #~ecause the sites can not accommodate large trucks. Poolsure of South #=#orida, Enc. is requesting a price increase of $ .11I$1.41 per gallon effective August 1, 2008 through September 30, 2008 and $.091$1.50 per gallon effective October 01, 2008 through September 30, 2009. This request is due to many changes in the economy. The main cause is the increase of Caustic Soda a major ingredient in producing Sodium Hypochlorite and everyone is well aware of the increase of fuel which in turn increase freight cost. if you approve of the price increase of $.11 cents per gallon and $.09 cents per gallon effective October 01, 2008 as requested by Poolsure, p#ease sign below. City Manager Date Attachments: Email Price Increase Request, dated 08/05/2008 Manufacturers Conformation, dated 07125/2008 WaterlSewer Approva# Cc: Scott Solomon, Manager WaterlSewer Page 1 of 1 Nadal, Patsy From: 5ofomon, Scott Sent: Monday, September 29, 2008 10:49 AM To: Nadal, Patsy Patsy; For commission approval of 40,580 gal of Sodium Hypochlorite at 1.50 per gal account number 441-5123-536-52.21 Thank you so eery much Scott W. Solomon 913 012 0 0 8 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Directo of Planning and Zoning THROUGH: City Manager DATE: October 15, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 CONDITIONAL USE EXTENSION REQUEST/THE YACHT CLUB AT DELRAY BEACH ITEM BEFORE COMMISSION Consideration of a conditional use extension request to construct a new yacht club with facilities to be known as TheYacht Club at Delray Beach pursuant to LDR Section 2.4.4(F)(1) and (3). Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application, pursuant to the following: . A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; . The letter must set forth the basis and reason for the extension; . The extension shall be considered by the same body which granted the original approval; . The extension, if granted, shall be for eighteen (18) months unless otherwise stated. BACKGROUND The property contains the existing two-story 8,316 square foot building previously occupied by a yacht club with dining facility, pool, and outdoor snack bar which ceased operation on February 21, 2006. At its meeting of March 6, 2006, the City Commission approved the conditional use request to establish a new yacht club use to be known as The Yacht Club at Delray Beach. At its meeting of Apri126, 2006, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for the entire project (yacht cub and residential units). The project included the complete demolition of the existing Delray Beach Yacht Club and reconstruction of "The Yacht Club at Delray Beach", to include a 3,610 square foot yacht clubhouse, and 44 boat slips. The yacht club will contain a dock master's office, social hall, exercise room, men's and women's locker rooms/restrooms, sundeck & pool and will be part of a larger redevelopment of the site which will include twenty (20) 3 bedroom, 3 bath residential condominiums units in a 4-story building, 82 guests & resident parking spaces in a lower level parking garage and surface parking. The yacht club will be for use by the residents of the condominiums, their guests, and boat slip owners. While not required to purchase a boat slip, each condominium purchaser will be given an opportunity to purchase a boat slip with their unit. The remaining boat slips will be available to the public with a yacht club membership. Additional background information and full analysis of the proposal can be found in the original Planning and Zoning Board staff report, dated January 23, 2006. At its meeting of March 4, 2008, the City Commission approved an additional conditional use extension request and at its meeting of March 12, 2008, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan extension request for the entire project (yacht club and residential units). The applicant requested a 24 month extension for both the conditional use and the site plan, and thus, the extension requests are valid through March 6, 2010 for the conditional use, and through April 26, 2010 for the Class V site plan. The applicant is now seeking refinancing for the project and the lenders are seeking assurance that all current entitlements (approvals) are in place when the market rebounds. To this end the applicant is seeking a longer approval window and has requested an additional two years extending the approval to April 26, 2012. In support, attached please find a letter from Mr. Barry Goldberg, Senior Vice- President of Orion Bank, indicating that due to the current market situation an extension of the Conditional Use for two additional years (Apri126, 2012) is required in order to consider renewal of the current loan. LDR Section 2.4.40(3) "No Construction" Pursuant to LDR Section 2.4.4(F)(3), when the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. The rationale provided with the last extension request on March 4, 2008, is still applicable (attached) and centered around delays associated with figuring out drainage solutions for the project and difficult market conditions. The City has recently processed various extension requests for residential and mixed use projects that were approved in the past several years and have not been built due to the slow-down in the real state market. Given the fact that market forces are not directly under the control of individual developers, the City generally supports extension of approvals for projects that have not commenced construction. The applicant has initiated and concluded various tasks directly related to the project. Based on the down-turn in the real estate market and the new demand from the financial sector, it is reasonable to grant the extension of the conditional use approval since this issue is beyond the control of the developer. At its meeting of November 12, 2008, the Site Plan Review and Appearance Board (SPRAB) will consider the request for site plan extension if the conditional use extension is granted by the City Commission. There have been no changes in the LDR since the time of the original approval which would make any aspect of the development proposal for the Delray Beach Yacht Club non-conforming. Similarly, the original findings of Concurrency, Future Land Use Map and Comprehensive Plan Consistency and Compliance with the LDR can be reaffirmed [LDR Article 3.1]. RECOMMENDATION Move approval of the request for an extension of the Conditional Use approval to April 12, 2012 to establish a yacht club use to be known as The Yacht Club at Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development Regulations, Section 2.4.5(E)(5), Section 4.3.4 and Chapter 3. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO THE YACHT CLUB AT DELRAY BEACH ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on October 21, 2008. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Yacht Club at Delray Beach. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(3). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes No 5. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(8); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F)(3) been met? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission approves denies the conditional use extension request to allow the previous conditional use approval, subject to the original conditions of approval, to be valid until April 12, 2012. The City Commission hereby adopts this Order this 21St day of October, 2008, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 WEINER, ARONSON & MANKOFF, P.A. ATTORNEYS AT LAW MICHAEL S. WEINER CAROLS J. ARONSON JASON S. MANKOFF August 22, 2008 10 S. E. 1St Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6531 E-mail: jmankaff@zonelaw.com Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 900 N.W. 1'stAvenue Delray $each; Florida 33444 Re. Exter~siort.Request for "The Yaclit Club at Delray Beach" Our 1File No.: CAPX01.2 Dear Paul: KERRY ©: SAFIER STEPHEN B. GEBELOFF Via Hand Delive Pursuant to Section 2.4.4(F) of the Land Development Regulations of the .City of Relray Beach ("LDRsn), this. later is submitted timely on l?el~alf of our client, Yacht: Club at Delray' Beach,`LLLP, as a written request to the City of Delray Beach {"City'`) and its appropriate, boards and agencies having jurisdiction for a two (2} year :extension- for the Conditional Use and Site -Plan for'the project known ;as "The Yacht Club at Delray Beach": These entitlements have been granted for property located at 110 MacFarlane Drive. This request is being submitted d.ue to the nature of the local market, and espec~alijr due to the difficulties of obtaining lender approval. In support, attached. please find a letter from Mr. Barry Goldberg, Senior Vice-President of Orion Bank, indicating why additional time .is needed by Orion Bank to even consider. reviewing ,its loan, even though the current approvals cfo nat expire until 2010. Therefore; for these 'reasons, we respectfully request your support of both of these extensions. Our client has.continuously acted in good faith to move this project forward. Thank you very much for your consideration of the foregoing. Very truly yours, 0:1CAPX0121LeEter to Paui Darling re extension request.Aug 22. 2008.DOC WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 1 Q2 North Swinton Avenue Delray Beach, FL 33444 Telephone: (5fi1) 265-26fi6 Telecopier: {561) 272-6831 E-mail: jmankoff@zonelaw.corn MICHAEL S. WEINER CAROLS J. ARONSON January 9, 2008 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Extension Request for "The Yacht Club at Delray Beach" Our File No~: CAPXQ'!2 Dear Paul: JASON S. MANKOFF KERRY D. SAFIER Via Hand Delivery ~--- ; :~~~ ~ ~ JAN 0 9 ~OQ~' iii ~ __.__._--T-~. _....._ t ,. ~'~, iii.. ;Ni~~~~ ~: '~.-~~~'. z Pursuant to Section 2.4.4(F) of .the Land Development Regulations of the City of Delray Beach {"LDRs"), this letter is submitted timely on behalf ofi our client, Yacht Club at Defray Beach, LLLP, as a written request to the City of Delray Beach ("City") and'its appropriate boards and agencies haying jurisdiction for a two {2) year extension for the Conditional -Use and Site Plan for the project known as "The Yach# Club at Defray Beach". These entitlements were granted for the .property faceted at 110 MacFarlane Drive. As a .courtesy, and not in (imitation of further reasons or evidence to be presented at the appropriate hearings, we would like to enumerate same of the reasons why an extension for each of these two {2) entitlements should be granted. With the highly increased construction costs, increased housing costs and slow real estate market, our client is diligently ma~ing forward to develop this project, which can be seen by the following timeline: - June 23, 2006 -Submitted for NPDES NOIIPPP permit. - June 30, 2006 -Submitted plat application to the City. - August 7, 2006 -Asbestos survey completed on al# the existing structures. September 20, 2006 ~- Submitted sitelcivil/landscape permit (#06-109897) and O:ICAPXOt2lLetterto Paul Dorling re Extension Regaes#.Jan 9, 2008_DOC iUlr. Pau! Dorling Papa 2 of 2 condominium building permit (#06-109898). - October 3, 2006 -Filed condominium documents with the State. January 4, 2007 -Received technical comments on the building permits and began addressing comments_ - June 19, 2007 -Plat was approved by the City Commission. - October 3, 2007 -Plat was recorded at Palm Beach .County (Plat Book 110 pages 151-152). - November 20, 2007 -- Submitted revised plans to the City for certification. - December 27; 2007 -- Received additional comments from the City regarding the plans to be certified. One. of the biggest problems facing. the .project was trying to figure out where the City`s drainage .system was in prQXimity, to the project- site.. The City's "as-builts" were .:not helpful, so the project engineer had to hire- an independent contractor to dig and locate the City's own drainage lines. The City's Engineering. Department also .had concerns about whether this project would be allowed to conhect to drainage lines once -they were located. Numerous meetings with the Gity's Engineering Department were necessary and as a result, a lot of time was-spent resolving these. issues. 1n addifion; the composite utility-plan had: to be revised se~eral:.times to meet #he° specifications .of utility providers, thus adding to a .lengthy. process of getting sign-offs from each `utility provider. Therefore, for a!I these reasons, we respectfully request your support of both of these extensions- Our client has continuously acted` in good faith #o move this project forward- Enclosed please find a fee in the amount of Six Hundred Ten Dollars {$610.00:). made payable to the City`~af Delray Beach. Please let us know all respective-dates that these extension requests will be .heard'and before which boards. Thank you very much. for your consideration of the foregoing. Very t~iy yours, ason S. Mankoff JSM:aIv Enclosure cc: Mr. Josh McAlees {wl enclosure) Michael S. Weiner, Esquire {wlo enclosure) Ms. Ashlee L_ Vargo {wlo enclosure) O:ICAPX0121Letter to Paul Dorling re Extension Request.Jan 9, 2008.DOC .~,.,..~.~..~.....~_,,.~..~.~.,~,....,........~...,...e..,,.-- - ._.w,,..~,.~,~.......,..,.~.,....~.-r 601 S. Federal Highway, Sutte 202 yt Boca Anton, FL 33432-554$ Phone: {561) $G9-488q * Fax: {56i) 869-4885 August 1, 2008 Mr, Paul Dorling Director of Planning and Zoning City of Delray Beach 100 NW 1 ~ Ave. Delray Beach, FL 33444 Re: The Yacht Club at Delray Beach Dear Mr. Dorling: X am writing this letter to you regarding Orion Bank's current secured position vis a vis our note and mortgage with The Yacht Club at Dekay Beach along with Mr. David Hooker and Mr. Joshua McAlees. We continue to be excited about tltais project and its impact on the City. Our current loan is up for renewal in the next couple of months and we understand that the development rights will expire an April 26, 2010. Duc to the current market situation we have requested that our clients extend the development rights far two years to April 26, 2012 in order to allow us to consider a renewal of our loan. Thank you for any assistance in this matter. Sincerely, Barry Goldberg Senior Vice-President www.orionbank.com PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: January 23, 2005 AGENDA ITEM: Ill-D. ITEM: Conditional use request to allow the demolition of and reconstruction for the Yacht Club a# ©elray Beach, located on the west side of MacFarlane Drive between Mirarr~ar Avenue & Ingraham Street, south of East Atlantic Avenue. VETERANS AFI.RAY PARK SUMMIT A RAN AC CON00 GENERAL DATA. PLAZA BARR TERRACE Owner ......................... Delray Beach Yacht Club, LLC. cONno A T L A N T f C A V E N U E Agent-----•------------------- Weiner & Aronson, P.A. o WATERWAY EAST COMMERCIAL Location .......................... 110 MacFarlane Drive coNflo Property Size .................. 3.29 acres s BAR a HARBOUR z ~ CONOO ° Future Land Use Map..... MD (Il/ledium Density Residential} ~ ~ MIRAMAR STREET Currerit Zoning ............... RM (Medium~Density Residential} ~ ~- IL(SI{il~ll JIB Q Adjacent Zoning....North: RM (Medium Density Residential) East: RM (Medium Density Residential} South: RM (Medium Density Residential) West: Intracoastal Waterway '"`~""R"' Existing Land Use.......... Yacht Club and Marina TawERs Proposed Land Use........ Yacht Club & Marina, 20 residential Q condominiums units at 6.07_dwelling ~ units per acre ~' w~ Q z i Water Service ................. Existing on site. ° U Q Sewer Service ................ Existing on site. ~ ti ~~ ,~, ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a request for conditional use approval to establish a new Yacht Club with facilities (Yacht Cluh at Delray Beach}, by allowing the demolition and reconstruction of the current Delray Beach Yacht Club Center located at 110 MacFarlane Drive pursuant to LDR, Section 4.4.6(D)(9) and LDR, Section 2.4.5(E}(5}. The subject property is more specifically located on the west side ofi MacFarlane Drive, between Miramar Avenue & Ingraham Street, south of East Atlantic Avenue and is zoned Medium Density Residential (RM}. - _ "BACKGROUND 1 PROJECT DESCRIPTION The property contains the existing two-story 4,890 square foot yacht club with dining facility, pool, and outdoor snack bar. The yacht club was constructed in 1963 and has had several accessory building and parking additions since that time_ The applicant is seeking a complete demolition of the existing Defray Beach Yacht Club and propasES the "Yacht Club of Delray Beach", to consist of twenty (20} 3 bedroom, ~3 bath residential condominiums units in a 4-story building, 85 guests & resident parking spaces (lower level parking garage and surface parking}, a 3,610 square foot yacht clubhouse, and 44 boat slip docking spaces. The yacht club itself will contain a dock mastef's office, social hall, exercise roam, men's and women's locker rooms/restrooms, sundeck & pool. The new yacht club building is to be of Caribbean style architecture with light blue and yellow smooth stucco finish with stucco reveals, groovgd metal roof and parapets, white columns & doors, and decorative forest green aluminum Bahamian and louvered shutters. There will also be 42" high decorative aluminum forest green railings. The applicant intends the yacht club will be for use by the residents of the condominiums, their guests, and boat dock slip owners. The boat lack slips will be sold at the same time as the condominium units. White not required to purchase a boat slip, each condominium purchaser will be give an opportunity to also purchase a boat slip. The developer will "hold back" enough slips to ensure that there are slips available if the condominium owner wishes to purchase a slip. Overall the proposal is an 84,458 square foot building complex, 19,650 square feet of which will make up the ground floor_ The building area will have 40% site coverage, 17.76% Parking, and 42.28% open space. The complete demolition and new construction of the proposed yacht club with condominiums requires a conditional use approval in the RM (Medium Density Residential) Zoning Dis#rict. The applicant has also submitted a concurrent Class V site plan submittal for the project pending conditional use approval_ The proposed conditional use is now before the Board fior recommendation to the City Commission. CONQITIONAL USE ANALYSES ' - REQUIRED FINDINGS Cha ter Three Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. Planning and Zoning Boai staff Report, .fanuary 23, 2006 Conditional Use Request-Yacht Club at Defray Beach 110 MacFarlane Drive This may be achieved through information on the application, the staff report, or miinutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The resulting use of land or s#ructures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (PLUM) designation of MD (Medium Density Residential} and a current zoning designation of RM {Medium Density Residential). The RM zoning is consistent and compatible with .the MD PLUM designation as shown on the Future Land Use Map, and a "yacht club with facilities" is identified as a conditional use in the RM Zoning District. Thus, positive findings can be made with respect to PLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shat! be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service is accessible from an existing 8 inch water main along MacFarlane Drive. Sewer service is also provided by an 8 inch sewer line in the same location. The City's water utility levels of service are: o Average flow design of the. water system @ 195 gpcd. {Gallons per capita per average day) o Storage capacity for the water system @ 15% of maximum flow plus fire reserve at 1.5 MG {Million Gallons), plus 25% of that total. {Based on 2000 figures, this amount is 6 MG.) o Minimum pressure for the water system @ 20 psi (Pounds per square inch}. The level of service for the sewer system is based on the waste water treatment plant which is 12 mgd, {Million gallons daily) or 160 gpcd in addition to the specific requirements ofi Boynton Beach (capacity divided by effective buildout population of 75,040. (Source. "The City of Defray Beach Comprehensive Plan's Based upon the above, positive findings can be made with respect to these levels of service standard. Drainage: There are some issues anticipated in accommodating on-site drainage based on the technical comments received from the City Engineering Department. Several details regarding drainage will need to be addressed at the time of site plan approval which include concerns with the subsurface elevation of the parking garage. Based upon the above, positive findings with respect to this level of service standard will be contingent on addressing all technical comments before site plan approval .can be made. Streets and Traffic: A traffic statement/study has not yet been submitted. A letter and traffic statement/report will need to be submitted to Planning & Zoning and the Palm Beach County Engineering Department for review. A response must be received indicating that the proposed yacht clubicondomiriium project meets the Traffic Performance Standards for concprrency subject to the project aggregation rules before a positive finding can be made with respect to 2 Planning and Zoning Board ~ff Report, .fanuary 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 1 ~ 0 MacFarlane Drive traffic concurrency. This approval from Palm Beach County is also attached as a condition of conditional use approval. Parks and Recreation Facilities: The proposed 20 residential units will not have a major impact with respect to the level of service standards for parks and recreation facilities. However, pursuant to I.DR Section 5.3.2(C), whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee ofi $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. This will require that an impact fee of $10,000.00 will be paid far this development. Solid Waste: Trash generated each year by the proposed 20 dwelling units is 10.4 tons and 21.3 tons for the 3,610 square foot yacht club. The combined total of the proposed yacht clublcondominium project is 31.7 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024. Therefore, a positive finding with respect to this level of service standard can be made. Schools: The applicant has submitted a School concurrency Application to the School District of Palm Beach County, which must approve the development proposal for compliance with the adapted Level of Service .for School concurrency. Verification from the Palm Beach County School District is pending and a written finding of approval from the School District is attached as a condition of approval. Thus, positive findings can be made with respect #o concurrency contingent on al! above stated Conditions being met. CONSISTENCY: Compliance with performance standards set forth in Chapter Three and required findings in LDR Section 2.4.5(E}(5} for the Conditional Use request -shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the Objectives and Policies of the adopted Comprehensive Plan was conducted and the following Objectives and Goals were found: Future Land Use Ob'ective A-7: 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 Iand uses; and fulfills remaining land use needs. There are some concerns with the proposed elevation of the parking garage being 4 feet below ground level and the flooding issues that may be presented. The development will need to be redesigned in a way that negates these concerns. Pertaining to the land use, the development will be complimentary with the surrounding medium density residential developments and the yacht club will actually decrease in the size of the existing facility from 4,890 to 3,610 square feet. Future Land Use Obiective A-3: The developmenf of remain_in_q .vacant land shall provide for fhe retention of a en ~s ace and natural resources. ~ ~ ~~~ ~ ~ ~_~ Open space in the redevelopment of the yacht club measures 42.28% and more than satisfies the minimum 25% open space requirement. 3 Planning and Zoning Boai staff Report, January 23, 2D06 Conditional Use Request-Yacht Club at Delray Beach 11Q MacFarlane Drive Future land Use ~biective B-2: Facilities and services which are provided by, or through, the City of Delray Beach shall be provided to new development concurrent with the issuance of a building permit. Approving the conditional use application would still require the development to receive Class V sits plan approval and will require the developer to meet all technical conditions of approval before a building permit is issued. By meeting these technical items which are required by the City Engineering, Building, and Landscaping officials, the City will be better positioned to provide these facilities and services. Transportation. Element Poiicy 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 travel-ways to access common areas or neighboring properties. Sidewalks are a requirement along MacFarlane Drive, however, because of limited right-af-way, and encroachment issues with existing parking spaces and mature landscaping, this requirement was brought to the attention of the Development Services Management Group (DSMG) of the City of Delray Beach for a suggested resolution. It was directed that the applicant provide a more detailed survey showing the location and dimensions of MacFarlane Drive in relation to • The existing ficus hedge along the west side of MacFarlane • The existing tree locations along the west side of MacFarlane. • The existing pavement location in relation to the hedge, along with the full pavement width measurement for MacFarlane. Sidewalk construction adjacent to curblgutter may be an option depending upon the items shown above. If the physical dimensions & locations of the existing landscaping, pavement location and pavement width cannot be re-formed to achieve the desiredlre u~ sidewalk, then right-of-way dedication, landscape relocation, and redesign or relation of pavement will be required. Transportation Element 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 Area. The development proposal does accommodate a bicycle parking facility with two bike rack facilities within the proposed parking garage. Staff has required that one bike rack proposed at the far north side of the garage be re-located outside near the boat docks to be more accessible to residents of the property. Subject to this condition being addressed, the development will comply with Transportation Element Policy D-2.2. Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part . of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments loco#ed in the downtown area and for infill projects having fewer than 25 units. This project is infill redevelopment of a yacht club and residential condominiums, and is located just south of the CBD and will consist of 20 units. The nearby access to the Intracoastal 4 Planning and Zoning Board off Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive Waterway and beach~~provide convenient off-site recreation areas. Staff supports waiving this requirement. Hausin_g Element Objective _B;2: Redevelopment and the development of new land shad result in the . provision ~ ~~~of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and .meet the housing needs identified in this Element. The redevelopment of the yacht club will result in 20 new 3 bedroaml3 bath residential condominium units ranging from 2,684 to 3,610 square feet. Conditional Use Required Findings Pursuant to LDR Section 2.4.5(E){5), in addition to provisions of Chapter Three, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimen#al effect upon the stability of the neighborhood within which it will be located; {b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: ZoZ Wing Use North Medium Density Residential {RM) Condominiums South Medium Density Residential {RM) Condominiums East Medium Density Residential (RM) Multi-Family Dwellings West Community Facilities (CF) Intracoastak Waterway Concerning the first finding the applicant has stated that:"The use will not have a significanfly detrimental effect upon the stability of the neighborhood. The docks themselves -were recently renovated. This project will only increase the stability by providing a low density, low rise residential structure. The lush landscaping will screen this property from its neighbors and extensive open space will be visually appealing to everyone: The Caribbean--sfyle building facade will include interesting architectural details which will compiemenf surrounaling properties" In regard to the second standard, the applicant states that: "As this is one of tf?e last properties along the fntracoasfal Waterway available for redevelopment, fhis project is not able fo hinder further redevelopment." Condominium uses along the Intracoastal Waterway are already located along the west side of MacFarlane Drive to the north and south of the subject property. The east side of MacFarlane Drive is part of the John Reid's Village Subdivision. Thus, the proposed use should have a positive effect on neighborhood stability and redevelopment of existing structures. CQMP~Ii~NCE~WiTH~ LANb 13E17E1:.C)P1111ENT RE~ULATIQNS _-- - ..._ In conjunction with the conditional use requests, a Class V Site Plan was submitted and has been reviewed by staff for compliance. Based upon staff's review of the site plan, the following analysis is provided: 5 Planning and Zoning Boar .staff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive Building Setbacks: -~ The development proposal will comply with the required side and rear building setbacks. The front setback along MacFarlane Drive is proposed to be 30 feet (25 feet + 5 feet for right-of- way) but will have the front outside parking area and landscaping encroaching into the right-of- way. This issue is to be resolved by the Development Services Management Group {DSMG) pending receipt of an updated survey #rom the developer. Parking Pursuant to LDR Section 4.6.9(8}, off-s#reet parking shall be provided for any new category of use established. Pursuant to LDR Section 4.6.9. (C)(2)(c} two or mare bedroom multiple family structures will provide 2,0 parking spaces per unit and 0.50 guest parking spaces per unit. Yacht Clubs pursuant to Section 4.6.9 {C)(6){r) will provide one parking space per 1,000 square feet of floor area and outdoor seatingleating area plus 0.5 spaces for each boat slip. The site plan indicates they will provide $5 parking spaces which is nine more than the minimum of 76 spaces. Parking is provided for condominium residents & guests, the yacht club, and the boat slips. Therefore, positive findings can be made with respect to LDR Section 4.6.9 (E){4-5) subject to conditions. Lighting: A photometric plan has been submitted for the parking lot and entrance areas of the project. The photometric plan will need to be revised to comply with the minimum standards required by the City of Delray Beach. Stacking Distance: Pursuant to LDR Section 4.6.9(D}(3}(c)(1), the minimum distance between aright-of-way and the first parking space or aisle way in a parking lot that has 21-50 parking spaces shall be 20'. The two (2) parking spaces to the immediate left of the main entrance have .an issue with .the required stacking ,distance. Per Land Development Regulation, Section 4.fi.9{D){3) (c) the minimum distance between aright-of--way and the first parking space or aisle ways in a parking lot shall be 20 feet based on the 50 space parking area within the parking garage. Ohly 5 #eet of stacking distance is provided for these two spaces. Based on the fact #hat a 15 foot waiver would be required staff recommends the two spaces be eliminated or relocated. Building Height: LDR SECTION 4.3.4(.1), LDR SECTION 4.6.18(B)(14)(i)(3), allows the sloped parapets up to 6' in height as a decorative #eature on top of a flat roof without altering the way height is measured. The overall height of the roof is limited to a maximum height of 35 feet with an allowance of 6 feet additional (72 inches} for the sloped parapets. (1) The top of the sloped parapets exceed the maximum height of 41 feet in several locations. {2) The cupola towers are a height of 51 feet at the peak and are not considered allowable appurtenances per the definitions in "Appendix A". {3) The roof deck is also over the maximum allowable height of 35 feet in several locations below the building's decorative towers. 6 Planning and Zoning Board aff Report, January 23, 2006 Conditional Use Request-Yacht Club at Defray Beach 110 MacFarlane Drive Performance Standards: The appficanYs statement in the site plan application indicates substantial compliance with performance standards conditions (a), 4c) & (d) of Section 4.4.6 (I) of the Gity of Delray Beach Land Development Regulations- This should be more than sufficient compliance with the performance standards given the proposed density of 6.07 units per acre which is very near the base density of 6 units per acre in the RM Zoning District. R~VIr1N Blr QTHERS Sife Plan Review and Appearance Board: If the Conditional Use request is approved by City Commission, the site plan application will be processed far the development proposal, and an agenda da#e wll be scheduled for final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: - Neighborhood Advisory Council - President's Council - Via Marina - Barr Harbor - Seagate Towers Condo - Beach Property Owners Association - Progressive Residents of Delray Beach {PROD} Public Notice: i^ormaE public notice has been provided to property owners within a 500' radius of the subject property- The City has received several phone and in-person counter inquiries regarding the architectural design of the building but has received no specific. letters of objection or support. One letter from Seagate Towers dated January 18, 2006 was received and is included with this report as an attachment. ASSESS~I,EIVT AND CflNGLUS~ON- The proposed conditional use is to allow for a yacht club in the Medium Density Residential District. The addition of 20 residential condominium units will remain near the base density of 6 units per acre for this development at 6.07 UPA_ The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.~L_5(E}{5}, regarding compatibility of the proposed development with the surrounding properties regarding the requested increases fn building height. - _ ALTERNATII/E AGT~ONS A. Continue with direction. 7 Planning and Zoning Boas .itaff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach '110 MacFarlane Drive B. Move a recommendation of approval to the City Commission for the conditional use request to allow for a Yacht Club for the Yacht Club at Delray Beach, by adopting the findings of #act and law contained in the staff report, and fnding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E}(5}, 4.3.4, and Chapter 3 of the Land Development Regulations, subject to conditions. G. Move a recommendation of denial to the City Commission for the conditional use request to allow for a Yacht Club for the Yacht Club at Defray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E}(5}, 4.3.4, and Chapter 3 of the Land Development Regulations. ~RECOMIVIENDED ACTION , Move a recommendation of approval to the City Commission for the cohditional use request for a yacht club for The Yacht Club At Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5}, 4.3.4 and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Provide Traffic Statement or Study which Planning & Zoning will forward to Palm Beach County Traffic Engineering for review. 2. Resolution of the 5 foot right-of-way encroachment issue of Twenty two (22) parking spaces along MacFarlane Drive by the Development Services Management Group to provide sidewalks or the required five foot right-of--way dedication. 3. Pee Comprehensive Plan Policy D-2.2 bike racks need to be provided for parking. Relocate the bike rack shown at the far south corner of the parking garage to a mare accessible location. Locate one of the set of bike racks outside. to the rear of the property nearer the boat docks. 4. That a written finding of concurrency approval from the School District of Palm Beach County is provided. 5. That the proposed development be revised to comply with LDR Section 4.3.4 (K}, ^eve[opment Standards Matrix, Height in the RM Zoning District and LDR SECTION 4.3.4(J), LDR SECTION 4.6.78(B)(14)(i}(3), sloped parapets. Attachments: • Conceptual Plans • Location Map • Seagate Towers Letter S#aff Report prepared by: James G. 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GROVE No. 2 ~~°~\~'v N suB~ECr PROPERTY DELRAY BEACH YACHT CLUB ~ 110 MACFARLANE DRIVE ~~. PLANNING AND ZONING DEPARTMENT LOCATION MAP -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\Z-LM 500-1000\LM 903 Delray Beach Yacht Club From: Helen O'Connor [mailto:heloco@msn.com] Sent: Wednesday, October 15, 2008 9:32 AM To: Dorling, Paul Subject: Re:Public Notice #2008-242 Notice of Conditional Use To: Mr. Paul Dorling, Director of Planning and Zoning From: Helen and Lawrence O'Connor Subject:Re-establishment of Delray Beach Yacht Club My husband and I are owners in Seagate Towers Condominium, Unit PH4N where from our balcony we have a full view of the Yacht Club. For years, we have been looking at a very dirty, blackened roof and a pool that has been neglected. At the Public Hearing, on Monday, October 20,2008, we request that you include as a condition of approval that the roof of the Yacht Club Building be painted white and bright to conform with the neighborhood rooftops and that the pool and surrounding area be cleaned regularly and made attractive with flowering plants. Unfortunately, we cannot be present at the meeting to personally request these conditions be included, because we have medical issues that require us to stay north until November 13, 2008. Thank you very much. Helen O'Connor MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 14, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before Commission for an appointment to the Delray Beach Housing Authority. BACKGROUND Mr. Joseph Bernadel, regular member on the Delray Beach Housing Authority, submitted his resignation effective September 22, 2008. The resignation letter is attached for your review. This creates a vacancy for one (1) regular member to serve an unexpired term ending on July 14, 2012. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. 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. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation will be made by Commissioner McDuffie (Seat #3) for one (1) regular member to serve an unexpired term ending July 14, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term ending on July 14, 2012. DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Edward Desmond (currently serving on the Public Employees Relations Commission) Joe Farkas Gerald Franciosa Philip Friedman (currently serving on the Nuisance Abatement Board) Irene Frazier Joseph Hepp Pearl Markfield-Elrod George Maso Alexia Rouquette Jeff Staley Alan Weitz DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Ave., Suite 3105 Delray Beach, FL 33445 07/08 TERM REGULAR MEMBERS EXPIRES 07/14/2012 Unexpired VdCant 07/14/2010 Russell Yeager Unexp Appt 05/06/08 07/14/2010 Sylvia Morris Unexp Appt 07/10/07 07/14/2009 Angela D. Randolph, Vice Qiair Appt 07/24/01 Reappt 06/21/05 10/27/2011 QZristel Silver Appt 11/6/07 03 /06 /2010 Morris L. Weinman Unexpired Term 03/06/01 Reappt 02/05/02 Re t 02/21/06 07/14/2010 ThuyShutt (Twee) Appt 07/11/06 Director: Dorothy E llington Contact: Nina Levina/Jaclde 272-6766 X-18 nlevine@ dblla.org Housing Authority 278-4937 Fax 272-7352 S/City Clerk/Board 08 /Defray Beach Housing MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 14, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before Commission for appointments to the Neighborhood Advisory Council. BACKGROUND The terms for regular member Ms. Ria Santos (Zone 1) and Ms. Bonnie Raycroft (Zone 2) will expire on October 31, 2008. Ms. Santos will have served an unexpired term, is eligible and would like to be considered for reappointment. Ms. Raycroft will have served one (1) full term and would not like to be considered for reappointment. There will be two (2) appointments made for two (2) regular members to serve three (3) year terms. The appointments should be made for terms ending on July 31, 2011, to comply with the expiration date required in the City Code. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. 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 McDuffie (Seat #3) for one (1) regular member from Zone 1 to serve a three (3) year term ending July 31, 2011, and Commissioner Bernard (Seat #4) for one (1) regular member from Zone 2 to serve a three (3) year term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) regular member from Zone 1 and one (1) regular member from Zone 2 to serve three (3) year terms ending July 31, 2011. NEIGHBORHOOD ADVISORY COUNCIL Applicant Mark Behar Arthur Brown Alice Finst Hansford Higginbotham William Milner Ria Santos Incumbent Kathy Shackman EXHIBIT "A" Zone 1 Subdivision Lees Crossing Lake Forest South Chatalaine Lake Forest South Chatelaine Bexley Park Sabal Lakes Zone 2 Mary-Elizabeth Cohn Lakeview 10/08 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 10/31/10 Zone 1 Gaston Joseph, Vice Chair Unexp Apppt 08/21 /07 Re t 10/16/07 10/31/10 Zone 2 Jennifer Witt Appt 10/16/07 10 /31 /10 Zone 3 Linda Leib Unexp Appt 10/17/06 Re t 10/16/07 10 /31 /10 Zone 4 Harold Van Arnem Appt 10/16/07 07/31 /11 Zone 5 Gail Lee McDermott Unexp 03/03/08 Reappt 10/07/08 07/31 /11 Zone 6 Linda Prior Unexp Appt 02/20/07 Reappt 10/07/08 10/31 /08 Zone 1 Ria Santos Unexp Appt 12/11 /07 10/31/08 Zone 2 Bonnie Raycroft Amt 11/15/05 10/31 /09 Zone 3 Shirl Fields Appt 10/17/06 10 /31 /09 Zone 4 Claudia Flores Appt 10/17/06 10/31 /09 Zone 5 Matthew Hartley Appt 10/17/06 10/31 /09 Zone 6 Joseph Kamarata, Chair Appt 10/17/06 10 /31 /10 At Large Pamela Williairs Unexp Appt 03/21 /06 Representative Re t 11/06/07 07/31 /11 At Large Patricia Westall Unexp Appt 04/19/05 Representative Reappt 10/25/05 Re t 10/07/08 10 /31 /09 At Large Charles Stravino Amt 11/04/03 Representative Re t 10/17/06 07/31/09 Student Vacant 07/31/09 Student Vacant S/C ity C Jerk/Board OS/Neigiborhood Advisory C otmcil CITY OF DELRAY BEACH, FLORIDA IVeigh,borhood Advisory Council -Appointment Zones ...~ ~~ CITY CtF DFZRAY 8EAC1{ FL ALADO~IAYG 6 ZONYNG DEPAATMIBIVI' MARCH 2006 „- _, . ~ ONE MILE ~ CRY LIMB •~~~~~~~~~~~~ -•OIGR'ALBA9EliMPSYSTAf-- GRAPHlC SCALE --- --- # -AREA IV[AMBER MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: October 16, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 APPEAL/SPRAB ACTIONS/BOSTON'S RESTATURANT ITEM BEFORE COMMISSION Boston's Appeal of an August 8, 2001 Decision of the Site Plan Review and Appearance Board ("SPRAB"), which Approved a Class V Site Plan (known as Site Plan #4) for a Hotel located at 64 S. Ocean Boulevard (currently the Bermuda Inn). The parties to the Appeal are: 1) Boston's Restaurant, Appellant/Petitioner and 2) Vista Del Mar, Appellee/Respondent (Applicant). This Appeal is Quasi-Judicial. The subject of this Appeal is the SPRAB Board's August 8, 2001 approval of Site Plan #4, which proposes a 48 foot tall, 70-room hotel with private gym/spa and a 50 parking space garage. BACKGROUND A. Background and Description of Site Plans Site Plan #1 (Signed and Sealed April 18, 2001) On October 3, 2000, VistaDel Mar filed a site plan application for the Hotel Project with the City. The first site plan (hereinafter referred to as "Site Plan" #1") called for the demolition of the existing Bermuda Inn 20 room motel to be replaced with a 103 room residence hotel with 2 restaurants and a 110 car automated 2-level parking garage. 2. Site Plan #2 (Signed and Sealed .Tune 3, 2001) VistaDel Mar subsequently modified its site plan (hereinafter referred to as "Site Plan #2") in order to address some concerns expressed by staff. This Site Plan #2 proposed 71 rooms, a private gym/spa, a rooftop swimming pool and a 1,333 square foot restaurant with 59 parking spaces accommodated within the building on the ground floor below grade. SPRAB considered this Site Plan #2 at their June 20, 2001 meeting and voted to continue the item. 3. Site Plan #3 (Signed and Sealed .Tuly 2, 2001) SPRAB considered Site Plan #3 at its July 11, 2001 meeting. Site Plan #3 modified Site Plan #2 and proposed 70 rooms with a private gym/spa; a 1,297 square foot restaurant; and a 56 space parking garage. The SPRAB Board voted to continue the item. 4. Site Plan #4 (Dated August 3, 2001) The SPRAB Board considered Site Plan #4 at its August 8, 2001 meeting. Site Plan #4 modified Site Plan #3 and proposed a 70 room hotel with private gym/spa, no restaurant and a 50 parking space garage. This Site Plan #4 was approved by SPRAB at its August 8, 2001 meeting and was subsequently appealed to the City Commission by a neighboring property owner, Boston's Restaurant. 5. Site Plan #5 (Dated August 3, 2001 and Updated September 14, 2001) In an attempt to get an acceptable Site Plan, Site Plan #4 was modified by removing a single stack of rooms on the northeast corner of the building in an attempt to alleviate some of Boston's concerns. The City Commission considered this revised Site Plan identified here as Site Plan #5 at its October 2, 2001 meeting and voted to deny it by a vote of 3-2. Site Plans #5 was submitted in attempts to address concerns raised at SPRAB and City Commission meetings; however, Site Plan #4 is the only Site Plan currently at issue as this is the Site Plan that was approved by SPRAB on August 8, 2001 and appealed to the City Commission by Boston's. 6. Site Plan #6 This Site Plan modified Site Plan #4 in an attempt to settle the cases; however, this Site Plan was never voted on by SPRAB or the City Commission. Site Plans #6 was submitted in attempts to address concerns raised at SPRAB and City Commission meetings; however, Site Plan #4 is the only Site Plan currently at issue as this is the Site Plan that was approved by SPRAB on August 8, 2001 and appealed to the City Commission by Boston's. B. History of Court Cases There was a series of appeals by Vista Del Mar to the Fifteenth Judicial Circuit Court, Appellate Division. From 2001-2006 there were approximately three (3) hearings before the City Commission and three (3) subsequent Writs of Certiorari (Appeals) filed. The last Court Order on July 11, 2006, stated: "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." C. Items Before Commission The item before you now is a Rehearing of Boston's Appeal of Site Plan #4 which was approved by SPRAB on August 8, 2001. The rehearing has been requested by Boston's pursuant to the Court's July 11, 2006 Order and Boston's letter dated September 16, 2008. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. _... ~~,_~3 4~ ~1 r 4 1 1 ~ la 11 ~~ 12 -~ 1 3 14 1 ~$ ~ 16 i 1 '7 ! 18 19 20 t I 21 22. •~ gib. 2 3 ~,~ 24 25 z 1 ~ ~ SITE PLAN REVIEW AND APPEARANCE BOARD ~ CITY OF DEFRAY BEACH 3 . i IN RE: i Hotel Vista Del Mar ' {Quasi-Judicial Hearing) WEDNESDAY, AUGUST 8, 2001 100 NORTHWEST 1ST AVEN[JE DEL'RAY $EACH, FLORIDA 3444 7:00 - 8:45 p.m. APPEARANCES: William Branning Gary Eliopoulos Debora Dowd Michael. Sneiderman Diane Borchardt Loretta Heusi LEY & MARSAA COIIRT REPORTERS, INC. {561) 686-0400 1 ~~ 1 (Thereupon, the following proceedings were 44~ 2 _ had} ~ 3 ~' - -~ 4 i~IR. BRAL~TNING: It's time for the 5 Quasi-Judicial Hearing for the Hotel Vista Del ~ Mar with the rules as outlined for this hearing. 7 This is a Quasi-Judicial Hearing. We've 8 go.t -- . 9 Loretta, would ou lease ask whoever is Y P 10 going to give testimony before the Board to stand 11 and raise their right hand and .administer the l I 12 oath. 1 13 MS. HEUSST:. Will everybody please stand I4 that is going to testify. 15 THEREUPON, 16 ALL WITNESSES were duly sworn. by the Clerk, in answer to . 17 questions propounded, testified as follows; to wit: 18 SAll answer in the .affirmative.} 15 MR. BR.ANNING: How are you doing, Ron? - 20 MR. HGGGARD: Ol~ay. First of ail, we 2l received three letters of opposition to the 22 project today, and I'm going to pass those out to 23 you. They've been asked to be read into the 24 record, however you want to handle that. Do you 25 want me to do that ar does staff want to do it? LEY & MARSAA~COURT REPORTERS, INC. (561} s85-a4ao i~ i i i i f c 1C 11 12 13 14 15 Y6 17 18 19 20 2Z 22 23 24 25 3 1 MR. BRANNING: You can do it. 2 MR. HOGGARD; When we get to that point. 3 Let me just -give you an overview of what's 4 changed since the last time that we -- that we ~ met to handle some of your concerns that were ~ _ related to compatibility, the. scale of the ~ building and loading requirements on --- .for the project and the -- and the attorney movements and traffic circulation pattern onto A-1-A. The project now has been changed to seventy rooms. The pool in the roof has been eliminated i.n order to maintain the number of rooms because there was rooms underneath that wo~.1d be lost. The restaurant is now gone, so we're down to strictly the seven~.y rooms with the gym and a spa. In terms of capability, the first thing is a building setback, and thatrs that the building Setback in the rear of the building on Selena Avenue was changed to ten feet. Another five feet was added to get the building further away Pram Selena, from the five foot that it was earlier. Also, on the north property, .although a portion of the building is sti11 at the zero LEY-& MARSAA COURT REPORTERS, INC. X561) 686-0400 P -; .~ i f i ~8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 2S 4 1 setback, the majority of the building has been ? set back eight feet, which was all the way an the 3. property line for mast of the building Qn the l north. side earlier. So t-hose are two changes F that were made up on the -- with r•elatianship to the setbacks. The other setbacks are the same as they were earlier; five feet for A-1-A and ten feet far the residential property to the south. The building height i.s forty-eight feet to the flat-roof deck. Several other towers have been removed now. We really only have one tower now with the building and that's the-rear stair tower. We also have some lower furnaces. We have a little elevator shaft tower, an elevator .room and some mechanical equipment. And we haven't been given heights of those yet, but those details will be worked out with the working drawings. And wer11 need the heights an that, and that's going to be contingent on the app roual. Th e open space because of the padded areas an the ---- in the back of the building and on the sides of the building, also the garage underneath LEY & MARSAA COURT REPORTERS, INC. (561) 686-a4aa 1 -~ .~ L the building has been moved in on both sides, so ? now there is actually pervious area. There's... E actual landscaping -- there's actually landscaping, sq we've increased the landscaped area up to 23 percent for the site with this prQj ect . The parking -- now •that we already have ~ the ~ro•om.s, the parking requirement with the one space reduction that this project-came in before that . was changed. The parking requirement is •fort•y--eight. This project puts forty-nine.. There's also two spaces that are for check-in . only, and the-re's also a drop.-ofd space •also in the front.. They have two handicapped spaces. • As I said, the restaurant is gone, and the loading space has been changed. The hotels of this. size require two loading spacesr but thus is' less than half of the range of the hotels that require two, twenty thousand to a hundred thousand, aril we're requesting to --- they're reque-sting to decrease that requirement to one. We support that -- that change given that there • is no restaurant. zn the --•the hotel. has no laundry facilities, arzd the smaller vehicles that will be serving this -- this type of hotel here L E 7 8 10 1:1~ 1.2 J. 3 14 15 16 17 15 ]. 9 . 2Q 21. zz Z3 24 2.5 LEY & MARSA.A.~COURT REPORTERS, xNC. (561) 656-0400 .._,~ i ,~ .~ 1 2 3 4 5 6 7 8 9 10 1 ~1 12 13 14 15 16 17 18 19 20 21 2 2- 23 24 2 5~ will be able to park in the otYier spaces inside the garage, the drop--off space, the parking , spaces out front. The one space tYsat's inside the building has been changed to fourteen feet wide to accornrnodate the trucks in the building for a single loading space. Before, it was narrower because it had pa~xkin.g spaces on each side of it. It was. only 11 foot by 3-foot space, and it would have been difficult for trucks to rr~ake to-ruing movement. So that space is now acaeptab~le, especially given that we have minimum loading requirements now for, the building other than vending machine type functions. As I said, they added a -- the whole front of the building has been .changed now .• There's only a one.-space drop-off area, and we ask --- and we ask that they mark two of those spaces and convert two of the regular parking spaces opposite- the- hotel to check--in only spaces . ~So. if the spaces up front are taken, we wish. to use the basement of the garage before they can check in. . The stacking distance, they're requesting a waiver of the stacking distance fo.r the rear of LEY & MARSAA COURT~REpORTERS, ZNC. (561) 686-0400 1 .. ~k 7 L 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17. ], 8 19 20 21 z2 23 24 25 the project because the two ---- the •distance between the Selena Avenue right-of-way and the down part of the ramp going down into the. basement is fourteen feet. Now, actually where you're going to come into the project where you're going to be blocked and make your first turning- movement to go down to the ramp, to go in,.to -the basement., it has more than 20 .feet for that. Tt's just that we measure our stacking distance to the first --- to the .edge of the aisle even though that's going the opposite direction. So by the -- by our definitions, it's only 14 feet, so we need a waiver for that. We need to waive' that. . The visibility of intersections, if you recall, we discussed that a lot last t~,rne. There's.still_waivexs for the visibility. It changed considerably. ,The front of the building now, the visibility is 8 foot on. Ocean Boulevard, the visibility triangle, but that's only because of the columns. Without the columns, there's wide-open visibility. And that's also because of how we measured the visibility from, the edges of the driveway cut. If you measure the visibility from where LEY & MARSAA COURT REPORTERS, INC. (56~..) 686-0400 1 I i l I 4 5 6 7 9 14 11 12 13 ~. 4 15 z6 i~ 18 19 20 21 22 23 24 25 8 the -- the vehicle is and the travel lane is, it's more than ZO foot on both directions. So -- and on the same similar one -- on Selena Avenue, th.e visibility triangle has been recommended changed down to 1(} feet, and that's for the stair tower into the visibility triangle. Again, that's on the other side of the travel lane where the vehicle is on the exiting lane, he has more than twenty foot on there also. So we're supporting those waivers. The Sidewalk, that's the .same as last time. There's no opportunity to put a sidewalk in the back on either side of this property, so it doesn't make sense to put a sidewalk here. And the right-o~f-way --- with the reduction to the existing right-of-way width, the"bike rack, we"have a bzke rack in front of the " building. Now with the basement moving -- with the redesign, the basement was able to move back a little bit and~is now out of the coastal construction line; sa we don't re-quire the fee permits. That's another change. They have a few minor site plan technical items that we need. The landscaping has been LEY & MARSAA COCJRT REPORTERS, INC. {561") 686-.0400 9 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 beefed up quite a bit because now we have the - landscaping on the north side of the building, not an top of the garage. We now have foundation planning up on the north side that we didn't have anything before boarding'the property to the - north. The architectural elevations .were changed quite a bit also, and mainly with -- the elimination of the other towers that we had before and with the change -- and the change in the rear elevation were the. main changes:. The rear elevation facing Selena now has the upper level. As S said, the whole building is set back five more feet now, sa it's 10 feet from .Selena. The upper level sits back another 8 feet, and there's some landscaping in front of the rail. Also, there's an open balcony here in the back. zt gives you more depth in the building so you have -- the back of the building has a lot more room than in the initial design anal is much mare compatible with the surrounding development from where we started this project. • These are the findings that were made last time. They are still the same. We can snake a positive finding with regard to this project, and LEX & MARS,A•A COURT REPORTERS, TNC . {561.} 686-0400 ~_ i i i i i 1 t~ 7 <' 4 5 5 7 8 9 ` 10 11 12 13 14 15 16 17 18 ]. 9 20 21 22 2 ~3 24 25 10 capability has been -- is better than it was last tune, in fact, and we're recommending approval of the~pro.ject subject to the conditions that are outlined in the report. . Also, T'd like to add the file to the record, too. Okay, MR. BRANNTNG: Thanks, Ron. Will the applicants make. a presentation3 MR. AGUTLAR: Good evening zz~.embers of the Board. My name is Jose Aguilar, an architect with the Currie Partnership, and we're here to visit with you on this wonderful project. Do you want to do anything with the lights or is this okay generally? Tt's up to you. You~re okay with that? Okay. As you know, we've -- we've been here several times. We've made -- and as often as we can, the things that tYze Board was concerned about, we dealt with the issues right from the very beginning. We~w-ere, for the most part in our judgment, in compliance with the various codes. Tt was really more of a compatibility thing that kept coming up. We have continued to refine the plan and refine the drawings azzd at every turn, hEY & MARSAA COURT REPORTERS, 1NC. (561} 686--040D 1 7 l l 1 I I I I I I.1 4 5 6 7 8 1.0 11 12 13 14 15 16 J. 7 ]. 8 19 20 21 22 23 24 z~ accommodate staff's requests for all. of the things that they felt were necessary ta,make this a more viable project. And ~ think that today you will ,finally agree with us that it's -- it's really --- I mean, there' s j ust -no j ustification for not to go -- not to go this evening.,. Sa what we're just briefly going to dq since we've been here several times- is to -- is to be. brief and j ust tell you how it '. s changed from the last time, Basically what this shows is that- with the original plan, we were from property line to ' property line -- ar a•ctually, we were off 10 feet from the south, but we're on~the north property line. And we're using a prov.En routing system which will allow us to reinforce and then shave off what we needed. We're riot doing that.. We moved the building away further an the south anal 8 feet an the north, which allows us to reduce the parking structure a bit., making the parking structure more efficient. In the alpine, you see that there was same backups towards the driveway. All of that is gone. The turning radiuses are careening into islands as apposed to . parking spaces. There's less parking, so there's. ., i~EY & MARSAA COURT ~Z.EPORTERS, INC: (561) ~8~-a4oo i _~ 1 2 3 4 .~ 6 7 8 9 10 11 12 13 14 15 16 17 18' 19 20 2 ~.' 22 2 3- 24 25 12 less traffic, so it's -- its a -- you know, it`s -a cTean~r -- it's a cleaner parking layout that •sh.ould ease that- concern. - - The. other thing that we' ue added. •is we've r reduced the building on the,-- on the east property line as well all.awing, us •to completely .get aw,ay.from the coastal construction, line. ~. That also allowed us to shift it on the ground level a .little bit -- I thinf~ Ron may have ~ - misseel -- so .the building gat sm.aller~ on the east, the west, the xio~th and the youth. ` .When you -look at t•he ground level plan, we have the mast obvious items that we`ve --- we've deleted the restaurant, 5o that should al.levia~te some of the concerns that some of the neighbors may have had with regards to traffic. Traffic that has bee-n generated here is for the -•- is primarily far the hotel's hotel roams. M.R. SRANNTNG: Wait a minute . ~~. (Thereupon, an off-the-record discussion was had. ) .- MR. AGUILAR. Anyway, so we've --- sa we have deleted the restaurant, which reduces. the number~of parking spaoes and thus the traffic. ,- ~ And you. know, the traffic scenario that we've 1. •-~ LAY & MARSAA COURT RE~QRTERS, INC. ~' - {561) 686-0400 . x . •~ 2 3 4 S 6 8 ! 9 l0 11 l2 ~ ....,~ 1 ~ 14 15 k 17 l8 19 20 21 22 23 '} 2 4 25 13 used here is allowed 'by Code. It certainly is the one that was used by the Marriott when their parking spaces were counted. .This new plan that we're doing, we've added check-in spaces ,right in front.af the main door .and the drop-off -- right across from the main door and a drop-off. You also notice that theme's a turn-in and a turn-out for orator vehicles, so as you exit, you can only. turn south, or as you enter,. you can only came in •from the north. -5o that should alleviate the triangle .issues, the traffic stacking issues, you know, all the traffic , maneuvering concerns that may have been raised. And of course, by shrinking the building a couple of feet on .the south and $ feet on, the north, we've increased the landscape buffer between the property on the north and south, plus there's a lot more buffering on the east and. west. So our landscaping pervious ar our open space is a pervious. area, so again, it's a lqt cleaner. And yo.u can see from the landscape plan that•the graphic on the left.has some pavers that made it a little bit hard to see, bu•t we -- we've increased the landscaping considerably, as you. know, particularly on the north elevation and on LEY ~ MARSPrA COURT REPORTERS, INC. {561) 6$6-0400 ,, I) 1 14 1 2 3 •4 5 6 . 7 9 10 11 12 13 14 15 15 17 1$ 19 2a 2 1~ 22 23 24 2 5- the west. •. The other thing that this ane shows is the issue with the .loading that -Ron mentioned, We increased the loading by 2 feet, actually 2-foot-9, io the- maneuverings are a little bit tucked in. the corner as approved by VFI. Yt will be deodorized and air-conditioned, so it should not impact the• neighborhood. On the -- on the second, third and fourth floors, what we've-done is we've set back further from Briton's, and we've -- I'm sorry, we set back from the west side. .We've increased the setback on the west side without effecting any of the -- of the minimum square footage requirements for the rooms. Tt•was an issue that was brought, actually in this xeport.for the first time. Yt was never brought before, which was the concern. .about the room sizes, were they as required by code. The code says they have to be at least three hundred and twenty-five. Our rooms range from three ninety-two to six sixteen, so they're. ample in size. And so you can see by moving our front • .setback back, we've. really cleared the portion. of the one-story element of Boston's, which is what _ LEY & MARSHA COURT REPORTERS, zNC. (561} 58b-0400 1 1 I 1 1 I I I I 7 8 9 10 11 12 13 14 15 16 17 18 19 20. ~1 22 23 24 25 15 L I'rn pointing-out right now. That portion ~.n red '. _ is the upper balcony, and the part above that ~ that is left is the -- the back of the one-story element, so none of the views are affected. And if you look at what's there today, you'll see that their view is not im.pactad anymore than with that vegetation that they have there today, so-they have nothing to~lose and everything to gain by what we've d-one, by the setback. And we did set that back because of the coastal construction line, s-o-T think that should go a long way to making you feel better. 'The fifth floor then, we even moved it in another 5 feet from two, three and four to allow us to do some exterior balconies on the west property line that we .can landscape. That wou],d soften that facade as well. Plus we've added - more -- 'some full windows on the stairs and some additional windows on the west elevation. So if you look -- not that it's an issue in our LI)Rs, but it's been raised by the Board at a previous meeting that there was a concern that . maybe the ratio was a little bit intense here. It's not the barometer by which Delray . developments are measured but for whatever itTs LEY ~ MARSAA, COURT REPORTERS, INC. (_561) 6.86-0400 ~, i i E i . 8 9 10 11 12 13 14 15 16 17 ~a 19 20 21 22 23 24 25 15 L worth, if you compare it to Block 77 --- which was ? in the.news a lot -- that ratio far that project 3 was 4.05. When we were here the first time, the ~ time that eras brought up, we were at 2,73 and we're now at 2.5.x. And that you already know, the setback. ,You can see how it's set in 5 feet and then. I5 feet on the' other side, or a total. of -- one of the things that --- these were the comparisons between the original elevation-.and what rae're proposing now. The new elevation nniy has the one stair tower, which is actually much further back then this shows in a two-dimensional plan, So you really don't quite notice it from here. And the only thing is the stairs -- the railings are matena green, not blue, but that's just an oversight. So we don't have anything of any appurtenances on the roof that are not required. We have the overrun for the elevator, and then we - have mechanical equipment which will be centered and screened. That equipment we now know to be five .foot by 11 foot. zt is 6 feet high, and it sits on a .rack a foot and-a-half hz.gh, but it's in the center of the roof up an the fifth I,EY & MARSAA COURT REPORTERS, INC . (561) 6a6-0400 ... .~ • 1 I ~~ '•~ 9 C 6 7 8 9 l0 11 12 13 14 15 16 17 ]. 8 1.9 20 2l 22 23 24 25 17 -floor -- ar above the fifth floor, and ypu really won't see it unless you back up to Cleveland. So I'm not, sure that`s really an issue,. and; again, we.'ll screen it with a wall. There's been the usual concern about the lights ,and the turtles, And again,- I've .hee,n in touch with friends that I have at the t7Ei~ who monitor the- turtle programs. .And in fact; City staff has confirmed that I've.done that, and we know what needs to~be done. We~will be in, ~comp7„ianc_e . We will have all our lights shielded. We will have our windows tinted. We will not have anything that any turtle could see unless they're airborne. Sr5 the..west elegyration -- we didn't' start coloring these unt~il•we got several narrations into here, but you can see that the west elevation has gotten.a lot more articulated with the setbacks with horizontal as well as vertical steps, with more railings, with planters. And of course., we've been able to add a considerable amount of landscaping because of the setback, and I think that we've gazxe a long way to satisfy the Board. As Ron went through his presentation, I L-EY & MA.RSAA COURT REPORTERS, INC. (56l) 685--04QQ 1,. I I I .~ E .7 -8 9 1.0 11 12 13 1~ 15. 16 17~ 18 19 20 2 ~. 22. 23 24 25 F ~___._____-~______________. .____ ~ noticed that all he-kept saying was~how we were '. _ in compliance, haw we met the code, how they're {~ supporting what we`-re doing. Well, S.think now it' S .~'eal.ly a matter of the- compatibility rait.h the neighborhood and your perception of.what_that truly,me-ans. . ,MR. SHOWERS; Thank you, Jose. Jeff Showers, ,architect, far the partnership . , As yQ.u can s~~,.this. is the existing. Bermuda Inn. This is the site where the hotel ~s,proposed. The aerial z.s repres.entative of where you see the star. zt is the proposed bite fAr the hotel. .Directly to the ,-- to the west, the yellow block is a parcEl of land -- actually two parcels o~ land. the same owner owns,. so I know there were concerns-about residents-who -- who were-directly adjacent to --- to the west. of this property who was directly affected. In fact, it is one of~the prop~xty owners who owns the, hotel. The :majority of that is affected by that. .We provided a --~ an architectural diagram along Ocean Boulevard that's -- that's in~Iicative of the scale and relationship of the -- of the buildings surrounding it .. To the south is the Ocean place condo. It's a 'five-story. condo T,EY & MARSAA COURT REPORTERS, YNC. (561) 685-000 19 C E 7 9 ~. a ~~ 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 L building, and it's in the residential section ? -actually, r The new Monmouth Cando, it's -- it's also a fine-story building. Tt's 48 feet in height, and the hotel, which I think is b9 feet with -- with - appurtenances. that ga beyond that, so that's substantially higher than the rest of .our building in the area. Then of course we .have Peter's Restaurant, and we've got Boston's, which ~is a two-story directly to th-e north. And our proposed. hotel meets within the guidelines, it's 48 feet high. And as Jose mentioned before,,we'~ve got -- the pertinences were eliminated, so we feel --- we feel as though this is a good diagram to show that we're within scale; we're compatible with the surroundings. And the further end .rates have changed as we made in the elevations. rn essence, we added some full windows in back. The landscaping is.. all the same. We've got a lush landscaping that you saw at the last-meeting... ' ' This drawing really did .not indicate as well as this one the shadows that are created, the depth of these balconies_ I think this LEY & MA.RSA.A COURT REPORTERS, TNC. - {561) 586-a4aa 1 1; ,; 7 4 5 6 7 8 .9 1.0. 11 12 13 ]. 4 15 Z6 17 Z$ 19 20 21 22 23 24 25 20 drawing~is more indicative of the piny that we have in the elevations, the variety that we have. And you see the -- the pertinences here. They're now eliminated. And on the north elevation, again, we have that interplay of .these recessed balconies -- I don't want to say balconies, recessed. But the .rooms are recessed, so it creates, again, a variety. And we have all this additional landscaping that we`ve now added that we di:d not have before. This is on the north elevation adjacent to Boston's. Then of course with the additional setback along the west elevation, we've adde-d a lot more landscaping to the back., which I think is a lot more compatible with the- residential to the west. MR. CURFtIE: My name is Bob Currie, Bob Carrie Partnership. Just a brief word to talk a little about some of the aesthetic issues, if you Will. The front elevation ,is articulated, as you can see in these step forms, which not only gives you a scale breaking element for horizontally, but we also achieved that on the top floor when we set that back slightly .when he changed the LEl''& MARSAA. COURT REPORTERS, INC. (56~.} 686--0400 21. D 1 e .~ F C ]. 0 11 l2 13 l4 15 16 l7 l8 l9 za 21 22 23 24 25 1 materials. 2 The --- there' s been a lot of concern or 3 talk about zero lot line in the commercial zone. 4 The -- which o~f course is allowed, as you well ~ know, and it's allowed for a specific reason. ~ St's an urbanistic idea that you're trying to get ' a ~ continuum, an urban mall, if you will, . And to that end, of course we're --- we're trying to achieve that --- that element on the north side. There was some .concern of course about Boston's being able to do this and if we would object to the .fact of Boston's wanting to do, it, and S would say categorically we would not. Xn fact, we would welcome it. Those units that are on the north side are --- are frankly marginalized by what they have to look at now_ And if they were willing to do something similar to this, we would be here to support them and we would be most encouraging. Two other issues. One is: This town has been a success.- We want to bring residential into this town. Azad more than anything else, we want to bring hotel residential into this town to support .our downtown, and this is achieving it, St's the last place wa can do it on the --- on the LEY .& MARSAA COURT REPORTERS,.INC, (561.) 686-04fl0 l t ~ •~~ } 5 R 9 c 6 7 8 9 10 ll I2 I3 14 15 16 3.7 18 19 20 21 22 23 24 25 22 _ ~ ocean. `. And lastly, we absolutely clearly have met all the concexns. We are not asking for anything • special.. We are riot violating any of, the zoning codes or laws, so I would certainly hope in -- • with any kind of logic, that'you wauld support this. Thank you. 1!MR. BRANNING: Thank you, Sob. Any other members of your team like to speak? Can I see a~show of hands. of who wants to -- MR. KRALL: Just for the record, Mark Krall for the applicant. I just• want to reserve comments at the end. And I would also like to make a request that when people come up for and against the project tonight, that they not only state their name, but they state their physical address. Thank you. MR. BRANNING: Thank you. Ron, is that proper -- appropriate? MS. HEUSS.I: Yes. MR. BRANNING: Let me see a show of hands ot.members of the public who plan on speaking tonight at this moment, just so I can get an idea. LEY & MARSAA.COURT REPORTERS, INC: (563.} 686-04Q0 ~_. i' i i i t ' ,~ 23 Okay. I would Like to ask you to limit your -- your time at the microphone to three- minutes, and please, if you- cdu.ld state whether you agree or disagree with the project., And i.f there's something that somebody has already talked about and you agree with it, just state that and so it won't be necessary to .repeat e~aetly what that other person said. If you got new ideas or view points, we'd like to hear those. 1 2 :3 4 5 ,6 7 8 9 . 10 11 1-,~ 13 I4 1.5 ' 16 1T 18 19 20 21 22 23 24 25 So at this time I'd~like to ask anybody . who's in favor o.r opposition. of the project to came to the microphone. THE'SPEAKER: ~'m Gene Sullivan. I operate a store at 28 and 30 South Ocean Boulevard. •Al~so I represent the new 'Monmouth Condo Association, who are 100 percent. in agreement that this would be a wonderful project . . What a wonderful ~~ opportunity to rid ourselves of a 1950 motel and. put this in. T can't see how it could be anything but a wonderful, wonderful addition~to Delray Beach. . MR. BRANNING: Thank you, Mr. Sullivan. THE SPEAKER: Hi. I'm Melody Dowd, and I~ live right down the street at 200 South Ocean ~. LE'Y &.MARSAA COURT REPORTERS, TNC. (561) 686-Q4Q0 1, i •. r 1 2 3 4 .5 6 7 8 9 ]. 0 11 Y2 13 14 1.s~ 16 ]. 7 18 19 20 21 22 23 24 25 24 Boulevard. I was here at the last meeting, and I- just want to tell. you. once again I think this would be a great project for the neighborhood. I'm looking fo.rwaxd to it increasing the property values of our neighborhood. I think it would b.e a huge improvement over what's there now, and I'm•not concerned by anymore congestion. I'm right then-e on the street all. the time, so, you know, it's a . congested street. It's going to continue to be somewhat congested, but I don't see this being any worse for•wear by putting this project in. So we're looking forward to it. MR. BRANNING: Thank you, Melody. THE SPEAKER: x'm Penny Weller. I live in the same complex as Melody does. And to avoid being red.undanit, I'll just say ditto to what she said. ' MR. BRANNING: Thank you. THE SPEAKER: Good evening. My name•is Jahn Belardo. My wide and I live at 502 Vie Lane. We also have property on the lake. We also have property on 18th and one on 11th. This is the type of aggressive, well. planned, well thought out~-entreprene~urs.hip that we need in the LEY & MARSAA COURT REP©RTERS, zNC. (561,} 685-0400 25 1 I I I 2 3 4 5 6 7 8 9 1a 11 12 13 14 15 Z6 17 18 19 20 21 22 23 24 25 corn~t~unity. And we're all for it, and we think it's a big plus for the area. MR. BRANNTNG: ,Thank you, John. . THE SgEAKER: Hi. I'm Kim Thomas, and T live at 1138 Vista Del Mar. x'zn here to read a letter that Marianne Cousins ---she's sitting in the third row -- has written. . "Dear Members of the Board, my name is Marianne Cousins. I have operated a business on the corner of.East Atlantic and Selena Avenue for over twenty-five years, and have also resided•on Selena Avenue for the same period of time. I am writing this-~.etter to express my support of the proposed hotel and to express my views as to the character of•~Selena Avenue. "The fact that Selena Avenue serves as a border between commercial and reside-ntial properties.. is certainly nothing new. In fact, the residents on Selena have always lived in harmony with the aommexcial activity that occurs on South Ocean Boulevard. • "What is curious to me as T sat through the . last month's meehing is that I did not recognise anyone who was an actual resident living in close proximity to the proposed hotel. If.you were to LEY & MARSAA COURT REPORTERS, INC. (561) 686-04Q0 ~; I i 1 2 3 4 5 6 7 8 9 10 11 12 13 ~. 4 15 ~. 6 17 18 ]. 9 20 21 22 23 24 25 2~ personally interview the people who actually live on Selena Avenue, I can assuxe you that there would be minimal, if any, opposition to the proposed hotel. Believe me, we would rather see an upscale boutique .hotel on the Bermuda Inn property as opposed to some of the other development proposals that have been seen in the. city. "G~Then a person decides to live on Selena Avenue, it is with full awareness that they will have to co-exist with the commercial activity on both Selena and Atlantic Avenues. The fact that the hotel has a front entrance on. South Ocean Boulevard will greatly reduce the impact that bhis development will have on. Selena Avenue. "Since it is inevitable that some day the Bermuda Inn property will be expanded and approved upon, I cannot think of a better alternative than the. proposed boutique hotel project before you now. "Sincere3~y, Marianne Cousins.." MR. BRANNTNG: Thank you. Ron, we need to get a copy of the letter. THE SPEAKER: My name is Lynn Malox~.e, 18 Selena Avenue. Everybody has already said LEY & MARSAA COURT REPORTERS, TNC. (561) 686-0400 ' i 1 I I i 27 L 5 everything, and for all those same reasons, T have absolutely no objections to the project. ~R. BRANNING: Thank you. ~ - - THE SPEAKER: H~i. My-name is Hank Leggy (phonetic) T' m a president of the _ Board. 18 Selena Avenue. And we strongly recommend this project go through. MR. BRANNTNG; Thank you. THE SPEAKER: -Hi. I'm Carl DeSantos Vicimos (phonetic). I live --• no longer do Y .1i~re in Delray. I moved to Palm Beach. I'm at 343 E1 Brillo. That was a slip up, we'll talk about it later with ~Taek.- Jack is back there. They sold my house from under, me~so T had to move, so interimly I'm staying in Palm Beach. T don't know that T'm too impo~'tant, but I ~ - own a number of buildings here in the City, and I work with all the tenants and the lessor, and T just believe that this i~ well needed. T-think something like this is just going to, if you would -- and T wrote same things down real quickly, but it behooven me as a lessor with my tenants who are trying desperately to make it all work. Anal if you`d like to Look at my rent moll, 6 7 8 10 Z1 12 J. 3 J. 4 15 16 17 18 19 20 21 22 2~ 24 25 ., LEY & MARSAA COURT REPORTERS, TNC. (561) 686--0400 28 4 5 6 7 8 9 10 11 12 13 I4 I5. 1f 17 1$ 19 20 21 22 23 24 25 you're welcome to. I'm substantially below , what's offered on Atlantic, if you would, virtually anywhere on Atlantic, and they're still having a tough time. But I believe also coupled with that, in order for the City to grow and stay No. 1 ~- and T'm so proud of the Gity, I truly ani -- I think we need something that would ingratiate us like this.. Coupled with the fact that it's going to help this particular side getting over the bridge, we need this badly. And I thi~ik it's going to also cause others to emulate what's going to happen. I think be it my good friend Fxanny, be it Boston's, be it my own sel£, the Delray Ocean Center, Bernie's, we're going to do everything we can to make us live u.p t:o what .they're attempting to do . .So I'm alI for it 110 percent. Thank you. MR. BRANNING: Thank you, Mr. Vicimos. Anybody e~.se. like to speak? THE SPEAKER: Are you taking any pro comments or any comments? MR. BRANNING: Any comments. THE SPEAKER: Good eveni.n.g membexs of the board. My name is Stephen Meyer. I'm an LEY~& MARSAA CURT REPORTERS, INC. {561.) 686-04Q0 l I~ I I i I 1 2 3 4 5 6 7 8 9 10 11 12 13 ~. 4 15 16 ~. 7 18 19 20 21 22 23 24 25 29 attorney. My office address is 299- Camino Gardens Boulevard, Ho:ca Raton. I wanted to compliment the Board first a.nd also to compliment the petitio-nets for the xevisi,ons in the design. S spoke here last time, and it seems that the principle complaints or, the issues that were raised at that time have been addressed. .And significantly I think that the restaurant --- it was raised last time that the restaurant created a number of problems. The complaints related to the traffic and trucks on Selena Avenue and trucks backing out -- excuse me -- onto Atlantic Avenue and visibility concerns were really caused by the restaurant. And it seemed that mast of the complaints were dependent upon food service, which by that T mean the preparation and the storage of food on the premises. So my understanding is that there are no -- there is no intent -- the restaurant has been eliminated and there is no intent by the petitioners at this time or at any time in the future to have .food service with the request of a variance relating to food service with preparation nr storage on this premises. - LAY & MARSAA COURT REPC)RTERS, INC. .. (562} 686-0400 30 .~ z I 2 3 4 5 5 7 B. 9 10 11 12 1~ 14 Z5 16 17 18 19 20 . 2 ~. 22 23 24 25 And I would ask the Board to considex that any approval be pertaining to that and any approval would be -- that there- be no food. service here or in.-the future be dependent upon ---- the approval be dependent upon that factor, because that wall certainly ~-~- if it is brought up in the- future and trucks do. come in, we're going to have all the~same pxablems and concerns after the building is built. And it may be a little bit harder to deal with at at that point rather than taking care of some of those problems ,at the, beginning because there won't be enough delivery. space. There won't be room for the trucks on Selena Avenue backing out into .Atlantic or onto Ocean, and the loadizag facilities will be inadequate for the trucks. They've already been, I understand, two loading docks required. One is proposed because there won't be nearly as much traffic with a hotel of this size, but we will have problems if food service is recommended in the future. So I would ask that the Boa-rd make that condition of i,t's approval. With respect to the -- the visibility ,~ LEY & MARSAA COURT REPORTERS, INC. (551) 68.6-040 - l .. 31 7 L .~ 5 6 7 ~8 9 lp xz l2 13 14 I5 16 17 18 7: 9 20 21 22 23 ~, 24 25 triangle and the~reduct~on of those visib.il•it~ies, ~. - I think it still raises some public safety . c-ancerns, although with this., again, they have been alle~via~te.d. And again, -L. commend -- I ~ - compliment the petitioners-in trying to address those probleFns .~.. .. . My understanding is ~tlzat there is now. egress .or entrance on Ocean. There was not before; is that corre•~ct? There's ,not? All ,right.. So we still have some of those issues perhaps with traffic coming in and out of Selezia. . ,But those are my comments- today,, and 7: thank the Board again for its insight last time in recommending a -•- the changes be made relating to the traffic issues .which ,~rexe generated by the food service propas;al. UNIDENTIFZED~ SPEAKER: Excuse.me, Chairman, could you ask far the record. whc he represents.. MR. BRANNING: Are you representing a client or~ are you here representing yourself, Mr. Meyer? THE SPEAKER: This evening, 7;'m representing myself. MR, OVER: My name is Harvey Oyer, and I am here on behalf of Don Robinson and his family. LEY & MARSAA COURT REPO~tTERS,~- INC. 5567.} 685-04Q0 i, i i i i ~•~ 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15~ 16 17 18 19 20 21 22 23 24 25 32 They are the other property owner on the west side of the proposed project along Selena. For the record, my office address is 777 .South Flagler Drive, West Palm Beach, Florida; however,. T was born and raised iri South County.. •Tn fact, I'm a fifth generation, from South County; my great great g~'andfather, Calvin H, E . Pierce, having been the first white resident. of what is today•.Delray Beach in May of 1876 when he was the keeper of the Orange -Grove House_-of Refuge. And ,I was born and raised in this community. I'm a graduate of .Atlantic High School in Delray B~eaGh. •, If Y counted c4xrectly, at the •last SPRAT hearing, there were seven issues that-the- Board asked they applicant to qo away a.nd address ~--- two of which I think they've adequately addxes•sed -- anet that`s the loading space being inadequate and the size and the number of trucks that will come in and out of the project . ~~ The rezr~oval of the restaurant, I think, has obviated all of those problems : • The second one that I think they have adequately addressed is moving the drop -off area .. further inward:. The five, however, that I don't `LEY' ~ & MARSAA COURT RE•PO~tTERS, INC . (561) 68~-0400 1 l I I I : ~ .~ 9 6 7 8 9 10 11 12 13 14 15 16 17 18 1 ~9 20 21 22 23 24 25 33 think are fu11y addressed are the ones that-z would I•ike to ask the Board to ask the applicant to redouble their efforts and address these. The first is the Board instructed that they did not want to give a waiver or they were hesitant to give a waiver on the visibility triangle for public safety reasons. We still have the same eonc~ern. There's a request for a 5.0 percent reduction in the visibility triangle on the Selena side, a•nd a 6Q percent reduction-on the A-1-A side_ Both of these, I believe, cause a public safety issue. You have a number of bicyclists on the A-1-~A side, and you have residents, including childxen and pedestrians arid~bicyclists, on the Selena side. Inadequate site visibility and knowingly approving inadequate site visibility, I think, is setting this applicant up and the City up for a tragedy in the future . The second issue that I~ don't think-the applxcazxt adequately addressed was the west elevation and the north elevation needing to be stepped back. While we do very much appreciate theca stepping back the west elevation by five more feet, that's really a drop in the bucket LEY & MARSAA COURT REPORTERS, INC. {561) 686-Q400 34 9 5 6 7 8 9 1a 11 12 13 14 15 16 17 18 ]. 9 ~o 21 22 23 24 25 given the size of this project. And to try to put in the scale the size of this project -- and I apologize, I do not have the benefit of these audio visual aides. At the last meeting, the applicant compared their project to the Marriott project down the street which caused zne to look through the City records and take a look and compare the floor area ratios of the two projects and the densities of the two projects. Tf my numbers are correct, the floor area ration at the .Marriott hotel is 1.a. The floor area ratio of this project, I had it at 2,5. Jose had it at 2.55. I'll give hizn the benefit of the doubt, but it's -- MR: ~RANNIIVG: T!ll give you another half a minute. Okay? I know you've got several more to go thro-ugh. We're limiting this to three minutes. - MR. DYER: Okay. The density of this project is one hundred and seventy units per acre. Think about that. The Marriott hotel is fifty-four. This is a four--tenths-acre piece of property --.not much bigger than a single-family home site -- and there are going to be seventy units on it. One hundred and seventy units per LEY & MARSAA COURT FtEFORTERS, INC. (561) ~~6-o4ao .~ S i I ..~ r E G E 7 9 ].~ d 1 ~. 12 13 .~ 4 Z5 16 1.7 18 ~. 9 2a 21 22 23 24 25 .. ,. 35 L acre. Please keep- that in mind. ? All were asking rs that this be scaled E back. We're not. against this project. We think it will increase property values. We think it's a good use -- good transitional use in the neighborhood. We just want to see something that's reasonable, not.a big bow structure in our front yard•and along the beach. We've all worked very hard, same of us- far many generations, to make South County be a beautiful, livable village--by-the-sea community. And putting the equivalent of a seventy room stripped of its amenities, no swimming pool, no restaurant, no ability to have room service, no tennis courts, small rooms and referring to it• as a luxury hotel, we're simply cramming seventy rooms like a Red Roof Tnn into a .large box on the beach and in my client's front yard. And we would hope that rather tha n stripping the amenities out of this project, they would .add the amenities back in and cut ten or fifteen rooms out of this project so that there are adequate setbacks, there is adequ-ate stepping back on the upper floors, and there is adequate vegetation separating ou.r property from the LEY ~& MARSAA GOL7RT REPORTERS, TNG. (561) 686-0400_ i -.,~ 1 I -~~ l 2 3 4 5 6 7 .g 10 xl la 13 14 15 l6 17 18 19 20 21 22 23 24 25 35 proposed project. Thank you. MR. BRANNING: Thank you. - MR. DON FRANCISCO: I'll attempt to get through this quickly for the sake of redundancy. We would like to acknowledge that the design for its revisions --- MR. BR+A,NNING: Please state your name. MR. DON FRANCISCO: My name is Perxy DonFrancisco, owner of Boston's-on the Beach, 40 South Ocean Boulevard, Delray Beach., Floxida. MR. BRANNING: Thazzks. MR: DON FRANCISCO: As. I've staffed, we would like to acknowledge the design revisions, particularly the traffic safety/delivery concerns. Also I'd like to comment that-our earlier garage exhaust concern's seems to have been eliminated. And I agree strongly with Mr. DeSantos when he stated we need this east of the intexcoastal. Far many years we've watched things flourish and maintained in our area hoping that there- would be a-time and it would come eastward, so to speak. But we are the abutter, we are the~propexty owner on the lot line. We still have two concerns, and I believe Mr. Currie.znay have allayed our fears LEY & MARSAA C.OIIFtT REPORTERS, INC. (5f1} 585-a~o0 i i, •1 r 7 L 4 5 7 8 9 10 11 12 13 1.4 15 16 17 ~. 8 19 20 21 22 23 24 25 ---- 3 7 with a comment he made, and I'li -- we'll have to clarify that. Our two concerns that still exist-that have .not yet been remedied are the proximity_of the• zero-.Lot-line .rooms with no setback, and the hinderance that~the north elevation design .poses for our redevelopment at a future time. Now, if we can address those two issues, I think oux: concerns have been addressed. Let's take the first one, proximity of the rooms. City staff has c~.early and correctly ,.identified a problem with the proximity of these northeast zero-lot-line rooms in the staff report. On Page 12, and T quote, "The Board's concern" -- "your concern regarding the abutting property~to the north have been partially addressed by moving the majority of the building 8 foot back from the property line and thereby allowing the additiozx of foundation planting along the facade. "Unfortunately, this 8-foot ~set~aack does not occur where it''s needed the most; that is, between the proposed project and our building. The entire perimeter of this project is set lack until it reaches that one area." LEY & MARSAA COURT REPORTERS, INC. (561.} 686-0.400 38 .. 1 2 3 4 5 6 7 -8 .~ ~..0 1.1 12 I3 1~ 13 16 17 18 19 20 21 22 23 24 25 X go o.n 'to quote the staff report. It says, «However,.concerns regarding ocean uzsibility from the nor•th.ern. hotel rooms of a building- of equal -height if it ,were to be constructed to the north have not been addressed. Zt is noted that .the impact of this scenario- - - would be reduced if the corner unit on each floor, four units, were rennoved.~ The: opening created ,between the two buildings would allow. this situation air,. light and ocean visibility, albeit reduced. By not addressing this issue now ~nd•. ensuring at some" -- "and ,ensuring at ].east some ocean visibility, a potential problem with compatibility in the future may }ae created. and may hinder re-development of~the adjacent propert-y." Which is us. "To avoid these potential problems, staff" -= "City staff recommends that the corner unit on each level be eliminated," • MR. BRANNING: You're running long,. so we`ll discuss that. I appreciate that comment. MR. DON FRANCISCO: Okay. Do I•have time to continue? MR. BRANNING: In farness.to every-one LEY & MARSAA COURT REPORTERS, INC. - (56~.) 686-0400 i. i'~ ti 39 else, quickly. MR. DON FRANCISCO: Well, in fairness of ~' the abutter, I think.we have a little special situation. May I continue? MR. BRANNTNG: Please be brief and relay your point to us, and we ll follow-up to that. MR. DON FRANCISCO: We're saying that the zero-lot-link situation will create a difficult co-existence for both of us to operate under, and we would also -- I'll summarize then. I'll move to the summary. This Board has the discretion to pxovide relief from }wilding mass: by,praviding a setback even though it is in the CBII. This Board can grant relief' •frorn building mass . It was al-so quoted by staff that. the building covers. most of the site, Parking and service functions are . under roof; therefore, landscaping of this project is minimal. That' s also staff . . Where these buildings abut will be a conduit for noise, will also create -drainage problems on qur property that City staff recommended. We urge the Board to eliminate an array of problems-by creating a setback on the northeast property line between the existing 9 c 6 .~ 9 10 1'1 1.2 1 ~: 14 15. 16• ~. 7 18 19 2Q 21 22 23 24 25~ LEx & MARSAA COURT REPORTERS, INC. .(561} 68f-0400 i i i i -~ 1 2 3 4 5 6 7 9 IO 11 12 1~ 14 15 16 17 18 19 Za 21 22 23 24 2.5 40 structure .and the .hotel, and we request that a legal ~restrictio~z --- . MS. HEUSSI: Just a moment (changing tape). You`may continue. MR. DON FRANCxSCO: Thank you. We request that a legal restriction be in place protecting us from opposition to our future redevelopment. This covenant shall run with-the land and clearly delineate_ We will not be opposed by the property owner at the time on that north/south boundary when we redevelop in regards to loss of ocean. view, loss of light or loss of air circulation. These are our two issues, the zero-lot-line cohabitation and also the opposition to-aur redevelopment in the future. We thank the Board tonight for their consideration on these two issues. ' MR. BRANNING: Thank you. MR. MIRACOLA: Fran Miracola (phonetic), the applicant. I just want to mare one comment. I `m not sure --- MR. .BRANNING: Excuse me, Fran. Is this- appropriate? Can the applicant speak? He's not the listed applicant. LEY & MARSAA COURT REPORTERS, INC. (551) 686--0400 i i i i i i i i, i r 9 5 5 7 9 10 11 12 13 14 15~ 16 17 18 19 20 21 22 23 24 25 41 MR. MIRACOLA: Was that a yes or no, Ro.n? MR. HOGGARD: Why don't you ~tait until you do your closing argument. MR. MIRACOLA: Okay. T just actually wanted to'-- MR . HOGC-rARD : Do it as part of that . MR. BRANNING: Any other ~rciember5 of the public wish to speak? MR. GRACY: I'm Matt Gracy. I own the property at 72 South-Ocean Soulevaxd. I'm also the -- it's the Bahama House, which is the Bahama House Condominium Association of Delray Beach. We're directly to the-south of this proposed structure, and T'm here as the President of Condominium, first off, and also as the owner of two of the units there. Owner of the penthouse ,unit that has a very large deck overlooking the ocean that is really very much affected by this building. I guess our first desire is far this site to be made into a park, but I don't think that's going to happen. T don't think it's~ever~going to happen, anal I think we're way-down the road on this one. And so you know, we believe that what we have there now is certainly a -- I don't want LEY & MARSAA COURT REPORTERS, INC. (561} 686-0400 i r, i i i 4 L 4 5 6 7 8 9 10 11 12 13 14 15~ 16 17 18 19 2Q 21 22 2 3- 24 25 42 to say a detriment, but.it•certainly has not been the .best thing for the neighborhood for Borne .years And you know,. again, given. the fact that we're going to have a development there and that we're going to --- you know, we're not going.to change •the zoning at this, point to• --•- to make it .into a-much smaller type building, we believe that this is something that we can support and do support and so we wanted to come here to do so. .They have --• I have been following it from not afar, but haven't come up to speak to you yet because we were not a hundred percent satisfied with the past designs either. And now we are, so we're here to support the project. Thank you. MR. BRANNING: Thank you for your comments, Matt. Any ,other members of the public? Okay. MR. HOGGA;R1]: I have three -- those three letters. Would you like me to read them into the record? They're in opposition. MR. BRANNING: .Please do. MR. HDGGARD: The first one is from Carry Glickstein from Ironwood Properties. And let's see. I~EY & NlARSAA CO~TRT REPORTER, INC. ~55Z) ~~~-0400 i I, i i ~~~ 43 C 7 B 9 1~ z•z 12 ~. 3 14 15 16 17 18 19 20 21 22~ 2 24 25 "Z strongly oppose the above referenced ! proj ect in Sts • current -form :and would encourage I~ the Site Plan Review~an,d Appearance Board to reject the current application., "While agreeing .that a :hotel use- is appropriate for the subject property, the size anal el.esign proj ec•ted by the current plans • are inappropriate for this particular property and • location,. Moreover, the App-licant's presentation of describing in -- was in my -- m.y view ~, broad gloss-over discussion and failed to discuss very significant design and traffic problems.. In my view, •t he current ,revised plan, .even more, eliminating the restaurant and'swimming pool, have had not addressed the most significant probleirES . "The po-tential parking prabieirts and traffic congestion for an a3.ready dangerous and c~..ogged .intersection, an area like Atlantic Avenue and A--1~A, are significant. Unfortunately, if this project is approved in its current form and the - parking/trraffic problems come to fruition. there will be no possibility to alleviate the problems. "Having employed dozens of traffic engineers •ovex the last fifteen years, X can say .~ .LEY & MARSAA -COURT -REPORTERS, INC. ~ , {561) 686--0400 i i 1 i 4 5 6 7 8 9 ]. 0 1 Z. l2 l3 14• 15 l6 l7 18~ 19 20 21 22 23 24 25 44 that if pressed,~T can find a traffic engineer to opine that 1•-95 is not a busy highway. In the prey-ez~t~ case, the traffic engine•er's opinion is overly broad a~.d based on qualified assumptions. Anyone with any design experien•.ce ar common sense ean_appreciate the potential for grid lock at this busy intersection-. "The massing of the proposed structure i,s inappropriate•far the area. The paint raised by the applicant that the Marriott Hotel's d•e.nsity -and massing is greater i,s ~.rrelevant. The Marriott, like many other.large buildings in the beach area,.w:auld encounter much resistance today and would perhaps not be approved under current land development regulations. ' "There is nothing architecturally distinctive about the proposed elevation which will.be visible in many perspectives-as a beach area. We only ask that with the•up and dawn appearance o•f Ocean Boulevar=d, take a•look at Deerfield Beach or Fart Lauclerclale Beach to see what a patchwork of houses, large and small hotels with no design consistency looks like_~ .Add to this -~- add to the mix a potential for jarnming~one of the~most logistically and LEY & MARSAA COURT REPORTERS, 1NG. (561y 686-0400 45 i .} .~ F L E 7 8 9 10 1.1 12 ]. 3 14 15~ 16 17 1$ 19 ~a 21 22 23~ 24 25 aesthetically and important intersections in our city, and I would suggest that there ,are much better alternatives here. .~"Thank you for your attention and con.cerns." . MR. BRANE~II~TG: What is the date. of that letter? MR. HOGGARI7: Letter is dated August 8th. MR. BRANNING: Thank you.. Should I start my stopwatch for this one? MR. HAGGARD: The. other two are short. ,The second ore is a• memo to the SPRAT Board from Dan Surns: And he states that '"I am vehemently opposed to the proposed hotel. The property is too. small., . aid. it goes agaznst everything we are trying to do over the~past tin years.~at Delray Beach."~ And that is date d. the 8th. • •And the third one is from Tom Switch. It's dated the 7th_ It ,says, ~"To t~rhom it may concerti, I am writing to you to reference" --- "in reference to .the project on A-1-A where the Bermuda Znn Hotel - is today. I emphasize that" --- "with the developer" -- "emphasize with the developer that ,~ LEY & MARSAA COURT REPQRTERS,~ZNC. (551} X86-040 i `•~ f I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Z5 46 the" --- •"that they have definitely made a lot of changes; removing the restaurant, approving the entrance and egress substantially .from where it was several weeks ago. I know that a,1ot of work is being done to try .to meet the request of citizens and the~Board. I compliment the architect and the developer for their willingness to work cooperatively. "My comment is that" -- to that -- "my cozninent is similar to.that ~ wrote several weeks ago. The project is just too big for that .lot. Perhaps if it was tiered back so that we would not have a five-story bu~ldin,g 48 feet straight up slightly set back from the street, it would not be so oppressive. "As I am sure you're aware, I am not opposed to density and not opposed to change as witnessed over the last fifteen years as we have watched Delray evolve. My concern is the design. Even though attractive, lt.'s just too.inassive for this lot. "A major issue is. Once you approve it, it then becomes precede~.t for others. For examp.Ze, the apartment project on Federal one block off of Atlantic. The mass of the project, its slight LEY & MARSAA COURT REPORTERS., INC. (561) 686-0400 1 l `< 4 5 6 7 8 9 10 11 12 13 14 15 Z6 17 18 19 20 21 22 23 z4 ~5 47 setback from Federal Highway takes away from the character of Delray Beach also. "The major arteries" -- °The major arteries of .Atlantic Avenue, A-1-A and Federal Highway are most important, ar~d we must preserve. the integrity of Qur community and .continue the. village-like atmosphere that ha.s been the ,theme for many many years, and in particular, the theme for the last fifteen years during redevelopment. "I think it is critical fax this Baard to .remember these first projects that appear to be out of the ordinary of the on.e that has set precedent become the standard. Z appreciate your time and cansideratian." MR. BRANNIN-G: -'hanks, Ron. Okay. No other persons- as I understand it wants to speak for or against the praject,_ correct? UNSDENTIFIEI] SPEAKER: Right. . MR. BRANNING: Okay. We'll move an then. Jose, anybody from your team like to cross-examine or ask any questions of the .staff? MR. AGUILAR; No. We'll be .available f or questions, and if you need us, we're here. MR. BRANNING: Okay. Ron, next item on TrEY & MARSAA COURT REPORTERS, INC. (561) 686-0400 i .~ R E 7 a 9 10 11 12 13 14 15 ~. 6 17 18 19 2D 21. 22 23 24 25 48. 1, the -- - ? MR. HAGGARD: Yeah, I have a couple -- a 3 couple of questions for the applicant. T noticed in the -- in the PowerPoint presentation, there were some changes to the rear elevation up on the fifth floor. Before, that wal~l_ was set back 8 feet. Now, it looks like i.t's on 1•y five. I don't really know what you did with that,- When we look at it, it's all open now where before it was partially enclosed and partially open. MR. SHOWERS: I'm not sure that what •we have on the screen is diffe-rent than what you have, but the setback is 5 feet. We noticed that when you said that it was. eight, we're n.ot quite sure where you got that, but the. setback from the property line originally was 5 feet. We moved the building back another 5 feet except for the fifth floor where it's gone an additional five feet within which we incorporated a planter of 5 feet over the roof of the fourth floor. I'm not .quite sure what you're looking at. MR. HOGGARD: Well, when I Zook at that new fifth floor plan level, the back of the building, you see that it's diffexent than the back of the building that -- LEY & M.ARSAA COURT REPORTERS, INC. 1561) 6'86-D4fl0 i i, 7 3 4 S 6 7 8 9 10 11 12 ~. 3 14 15 16 17 18 19 20 21 22 23 24 25 49 MR. MIRACOLA: I think you're looking•at the balcony. • - MR. HOGGARD: Right. The balc.o.ny was in back of the building I~efore. How did that look? MR. MIRACOLA: It was 8 feet. MR. HOGGARD: It was 8 feet to the edge of the balcony. . • MR. SHOWERS: Yes, he's right; actually. MR. HOGGARD: Tow's that woxk now? MR. SHOWERS: The corridor is narrower. ' MR. HOGGARD: -I don't. see the roof plan. xs all that open back there, or is that alI covered? The landscaping is all covered also? MR- SHOWERS: What is in the package. that is ix~ front of the Board is what we're proposing. The first line that yo-u gee that. lines up with the stair is the roof of the fourth floor. 5 feet back• begins the planter which ends at; the east edge of the stair, so it would be~in line . with the west line of the laundry room. There's a line mis-sing. MR. HOG.GARD: Sp this drat~ring is incorrect? Okay. MR. SHOWERS: So that drawing is incorrect. Actually, that drawing is missing a line. What LEY & MARSAA COURT REEORTERS, INC. (561) 686-0400 .•1 f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 1~ 17 18 19 20 21 22 2.3 24 25 50 you T re massing is~ the second line of~ the .planter. Gdhere .the word "landscaping" is, that's wh-ere the dirt is. And what is.missang is this-side wall of it (indicting) ~ . MR. HOGGARIJ: Right. .T~.at wall is. actually where the -- where the balcony is, that's really 8 feet, not 5 feet? - MR. SHOVERS: Yes, i~n, that sens:ej. you're right. MR. HAGGARD: Okay. I just wanted to understand thab. - MR. SHOWERS: That's correct. MR.~HOGGARD: Okay.. Also,~in one of your exhibits here, you were calling out the height of that tnwer on~the back, that's fifty-seven six. -Your plans showed it at~ fifty-seven° plus the foot and-a--half to the crown. of the 'road, which makes it fifty-eight fifty. Are you lowering that another foot again? ~ - MR. SHOWERS: Vhat we did is: We recalculated on the Auto-CAD, and we are saying that it!s fifty-seven six as~apposed to fifty-sax, but that's to the mean of the. roof to the roof. From the roof deck to the mean of the roof to the tower is fifty-seven six_ LEY & MARSAA COURT REPQRTERS, LNC~. - (561) 686-0400 ;~ .~ 1 2 3 4 5 6 7 8 9 ld 11 12 13 14 15' 16 17 18~ 19 20 21 22 2.3 24 25 51 MR. BRANNTNG: From the zero line of the -- from the first floor elevations? MR. SHOWERS: From.-the eighteen inches. ' From zero. zero or from eighteen? Tt's from. zero zero. ' MR. HOGGARD: So it's six inches taller than what's in zny staff report. Okay. MR, SHOWERS: That is correct. MR. HOGGARD: So we're at fifty--nine instead of fifty--eight six, right? MR. MIRACOLA: No. MR. HO,GGARD: Fifty-seven six plus one and--a-half is fifty-nine. MR. MIRACOLA: Frorsi the crown of the road top -- MR. HOGGA~tD: Fifty-seven six is from the crown. of the road. MS. BORCHARDT: No. MR.~NtTRACOLA: We've got the crown of the road as a negative and the fist roof. zero zero, the mean of the roof at fifty-seven. 5o 'you are right, it's six inches higher than what you said to the mean of the roof. NfR. HOGGARD: I would tike to point out. that one of the exhibits showed --- T guess it was LEY &: MARSAA COURT REPORTERS, INC. {551) 686-Q400. 1 I -. l I I i ~1 r 52 x 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 ~, 8 19 20 21 22 23 24 25 from your earlier presentation,_showed --- you don't have it on this one -- in the rear, the landscaping in the rear was to be a little bit taller Alexander palms.. I want to point out that they have now changed. that to -- with the increased setlaack the Washitpnias that are 25 to 35 feet tall. That exhibit up there said 16 to 18-foot Al~exanders. MR. SHOWERS: So we're actually taller? MR. HOGGARD: Much taller. MR. SHOWERS- And that may reflect also the rebised site. plan review up to the last sketc h that. they provided -you with. MR. HOGGARD: Okay. MR_ SHOWERS: Anything else? MR. HOGGARD: I just wanted to point out that one. of the other concerns that staff had was the -- and maybe you can address it, was the look of the flatness .of the top of the parapet without any decorative. elements.. Some sort of cap or something, •I don't know. We have it as a condition to do something different with that, and I wanted to address.that to the Board so that • they can decide what to do with it. MR,~SHOW~RS: We'll see what the Board says ,~ LEY & MARSAA COQRT REPORTERS, INC. (561) 685-0400 i l F 1 2 3 4 _ 5 6 7 8. 9 10 1l 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ._~~. .. _ .. ._. .53 and discuss it, b~.t we think that adding,moxe on the pitch on. top of that parapet is going to snake the. view a bit too busy. We think that the way we have it with the --- with the scaxe line there is appropriate, and we'd Like not to busy it up. It's just going to start getting a. little too busy. And it's high enough off the ground, I don't think it's going to have the iz~pact that you guys think it's having. So no, we would like tb not ~--- MR. HOGGARD: I just want to make sure it was. addressed. Okay. That's ail I have. MR. BRANNTNG: Oka~r. Thank you, Ron. 0kay.~ Members of the Board, questions to the staff, applicant or any witness-? You want to start? MS . BgRCH~1.R17T : Why not . First, let me just ask two quick questions of the staff. The City does have a txaf~ic•issue here. The City does not have an interim engineer? MR. HOGGARD: That's correct. Well, we don't -- we don't -- MS_ BORCHARDT: Who .f or the City reviews the traffic studies? MR. HOGGARD: Oux director of planning. LEY & MARSAA CQ~'!RT REPORTERS, INC. (561,) 6860400 i i i i i _i 1 2 3 4 5 6 7 8 -9. 10 1.1 12 I3 14 15 15 ~. 7 18 19 20 21 22 23 24 25 54 MS. BORCHARDT: And he has reviewed the document, - MR. HOGGARI~: This is based an the generation rates for the- intersection. The DCEA doesn't even require a full traffic study ox traffic studies. , MS. BORC$AR'DT: The other thing I wanted to ask •a quick question on .are the ramps for the handicapped parking-spaces. Are those ramps acceptable or is it just -striping that .is required for handicap? MR. S.EIOWERS :~ There' s no ramp . MS.• BORCHARDT: It .says "r~:mp up,~" so that's vrhy I was just wondering. MR. SHOWERS: Sorry, that's wrong. That's essentially a flat slab. There is no ramp there. There is no ramp. a MS. BORCHARDT: Yeah; I kind o£ thought that was MR. SHOWERS; Yeah, I didn't notice that until you pointed it out. MS. ~ORCHARDT: Okay. MR. SHOWERS: Earlier, there was: a ramp and another"space. MS. BORCHARDT: Right. I think it kind of LEY & MAR:SAA COURT REPORTERS, TNC. (561) 685--0400 1 I. I I I I I J 2 3 .~ :~ 6 ~7 .8 9 IO 11 ]. 2 13 l4 l5 15.: J.7~; 18. ~. 9 20 21. 22. 23• 24 2 5. S5 stuck there. I•just ha d. some comments.. And I think probably some of them are going to be - - conflicting, but Z was very vac.al about this .pro~e•ct the fi-rst tune it .came in. First of all, I would like to thank the • petit~.oner. I certainly have learned ,some new things on the PowerPoi:nt presentation ~t.hat x'zn .going . to use myself . T enj aged the prese~ntati.on , The floor -area ratio X 1~naw i~ not •required in •the City •of Delray; however, it ,~a.a a very good planning tool, ~rzd I think it•was very positive that you, reduced it .- - ,As far~• •as • the loo k.~.nc~ at, the • urbanism, a ner~, urbanism anal the ur-ban face, Iagree with the concept, I'•m- not sure I• ag-ree with. •t hat concept ala.ng• •t•he beach f~•ont . It., is: •ta ~ me~- a ---- zr~:ore :~f a• downtown type. of a planning c~oncept,• and I'm ` not,suxe T agree with it along the beach. But having said that, .l would like to . really thank -the. arch.~tect far responding, very very. strongly. t,o the comzrrents -from staff, as well as this ,Board. I think you made soiree really positive changes t'o -this and. to this prpposal that I'm very .much more comfortable with it. Itm not sure- -- T still do have some • LEY'•& M~1RSAl~ COURT REPORTERS; -INC. c~6i} sss-o4oo .j i 1 2 3 .~ 5 6 7 .8 9 10 1I 12 13 14 15 16 1 '~ 18 1'9 ~a 21 22 23 24 25 56 feelings- that i.t~s -- the density is' just higher :than I personally fee3. for beach-front. I , understand Fort Lauderdale has got higher,. X ,don't necessarily feel that I want that~for Delray Beach, but• I feel that you have really made some important ~stridas ,an this. I am. still c,oneerned,. about the ,site visibility issue waivers. I'-m not sure this is -- listen to the Baard and~see how they feel about that, but ,I do want to compliment the architect for their response. That's all ~ have. MR. BRANNINC: Thank you., Mike? MR. SIVEIDERMAN:< ~ I ,w aul•d tend to agree with . .; t . a lat of Diapers comments. I was fairly vocal at the last meeting in regards to~the density of the project. I respect the applicant's response.~~ I think that .re.mnving the restaurant was very effective in elirninatin,g the loading problems: I think that comment was made that it would be important that no food service be part~o~f thi-s package, that in the~future'that no food service would be added to~the building. Because by ' adding it down. the road, you're just going to bring'in t.hase problems all over again. ' I~do have some concerns about the corner LEY & MARSAA COURT' REPORTERS, INC. X561) 68,6-04Q0 . 57 :, 1 2 .~ 4 5 6 7 8 9 10 1Z 12 13 14 15 15 17 ~. $ 1 ~. 20 21 22 23 24 25 units, and ~-- but other than that, I'm very positive about -- as how this project is evolving: MR. BRANNTNG: Thank you•. Debora? M5. DOWD: I'd be looking also into eliminating the corner lots. I think that was a fair request. Z would like to say,. however, that from beginning to thus far, it's been a wonderful improvement. T feel a lot. differently than I felt about it when it first came out. I feel differently than ,T did about it two weeks 'ago when they were here. I can-'t say T'm -- I still feel questionable about the visibility, but it's definitely come a long way. MR. BRANNING: Qkay. Gary? MR.~ELIOPOULOS: I definitely agreE with sortie of the- Soard members . I think several issues where there's been improvements, this is definitely going towards some of the public that's opposed the project. I think obviously the ground 1eve1, we had concerns coming in_ Werve got an~island now as far as directing the txaffic in and out. I think that's -- I think if you look at that lobby, Y tru~.y believe that we have a lobby that functions. I don't believe you LEY.& M~IRSAA COURT REPORTERS, INC. (561) 686-04Q0 1 58. had one before. I think eliminating the restaurant. was a big step that you guys took and totally .appropriate. I think that shall alleviate:a lot of the issues as far as some of the traffic,. and I -- I kind of don't-have a problem with the sight triangles now that the restaurant is not there. I think I can look at this easier now with that. r L 4 5 7 8 9 10 11 l 2- 13 l4 15 16 17 18 ~. 9 20 21 22 23 24 25 Even the general ,room layouts, if you go up the floors, 7 -- T really wasn`t truly happy with the other ones. I think this hallway and everything about the hotel has a nice flow to it upstairs. Some technical items -- this has nothing to do with tonight, but I'm advising the applicant because I just got. burned on'it. ,You should look at your side -- when I say the "side," Y mean the north. and south sides -- because it's six hundred under the building code as a percentage of openings that you're allowed when you are within 2p feet. . MR. SHOWERS: Okay. We've got that. MR. ELIOPOULOS: Okay, good. Because it will be an issue for you. „ LEY & 1'~ARSAA COURT REPORTERS, INC. (56J.) 686-0400 i ,, i fi i I 1 2 3 4 5 6 7 S. 9 10 11 12 13 14 1 5' 16 17 a. a 19 20 21 22 23 24 25 __ ~9 -- Another minor thing is handicap rooms. I'm sure that wi11 come up later on when you design this. As far as -- I mean, you're hearing some of the comments about --- well, I guess one of the letters, I guess, is Tom Lynch about tiering it back. I don't know, Bab, if you want to look at that. Ts that a possibiiity? The rooms on the ocean side do ,have some nice depth to it. Is it possible? Maybe you can tier the upper level back . I don' t know . T'm j u-st ---- • MR.•CURRIE: You want an answer? MS. DOWD: Yeah. MR. CURRIE: TnTe actually have done that. The top floor is stepped back, and the material has changed. Of course, we're reluctant to do it tao much because, in fact, these are our best rooms. They`re, you know, the biggest square footage and so forth. So --- but in visual terms, we did try to accomplish that. It's -- you know, as you say, it`s a scale -- the only --•- not the -- the only way .to give a scale-giving element is to step-back. It's also to do it horizontally, and we certainly tried to do that. LEY & MARSAA COURT REPORTERS, INC. (561) 686-0400 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 '1 18 x~ 20 21 22 23 - 2~ 25 60 MR. ELIOPOULOS: I imagine you don't like. staff's comments about eliminating the corner units. MR. CURRIE: Yo u.in~agine correctly. MR. ELZOPOULOS: Not that I need a response. I thought T would just throw that on the table far you.. I know you were eager to say yes, you agree: -• I'm pretty much -- I think. as far as -- you know, there was some other concerns on •Selena. I think they've --- they've addressed it. 'They've kicked that building back another 5 feet. I'm not --- I'm not totally ,convinced that you even need the balconies, but that's up ~o yQU on that part . I think --- I think movie.g th,e bu.ilding• back was a big part. I think I heard in one of the~lett~rs about a boutique. I don't know -- Fran, is that what we're calling this? Will this be a boutique hotel? • MR. MIRACOLA: I'm sorry? MR. ELIOPOULOS: Boutique hc5tel is written in a letter. Somebody said that it would be nice to have a boutique hotel. Is that Hrhat we are gearing up for? LEY & MARS.A.A COURT REPORTERS, INC. (561) fi86--04Q0 i i' f 1 2 4 6 7 8 9 1Q 11 12 13 ]: 4 1S 16 17 1.8 19 20 2I 22 23. 24 25 61 The only reason why I ask that is: I do realize you removed the pool, and the way we were kind of putting pressure-on you guys.Ln every single direction, you're kind of forced -doing something. And I -- I'm just asking with regards to the pool -- you know, it as a huge issue where I think it could hurt you with a --- with trying to get a flag if you don't have a pool, but I -- I don't know -- I mean, you had it, but I realize when you push the building back, you lose rooms and stuff. MR. GURRIE: I thank the reference to boutique hotel means- that we can't. get a flag. MR. ELIOPOULOS: Well, that`s -~ that's what I was asking.. MR, CURRTE: And because of the scale of the -- you know, it`s such a small hotel, it also is a boutique by reference, and the rooms are ga.ing to be bigger and more luxurious. That's about it. MR. ELIQPOULOS: Okay. That's it for me. MR. BRANNING: I would like to address Perry`s concerns, your next-door neighbor_ And I know you're eager to answer that question about the corner -- 'the corner units being on the lot LEY & MARSAA COUNT REPORTERS, INC. {551) ss6=o4ao l 1 i .; -;. 62 1 2 3 4 .5 6 7 8 .g is 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 line and if -- if the site to the nor-th were to develop- and go up. Naturally his concern, is that you would object and tha.t...--- that a cavern, would have been created, anal abviousl~y we don't want that to occur, •So if you could spea3~ to your - position an that. ~ ~ • MR. CURRIE:: I think i•t's very clear that we respect Perry's rights to do what. the law allows. We respect~absai~utely his right. to build up,a.gainst our hotel if he wishes to do so. Now, if he Wants to do exactly what r~e've done and set it back•10 feet and step it back, then everybody wins. If he chooses to close it up entirely, which is his right, we still are going to have a na.ce courtyard, the 3~andscaped courtyard with space between the two buildings. I would suggest that frankly now, we don't have much to look at on the north side. We look down on the. rooftops and air--conditioning exhaust hoods, and a .lot of those rooms aren't getting • any view at all. So yeah, knock yourself out, Ga for it. But we respect his right to do it', and we would --- we would encourage it. MR. BRANNING: And would you -- MR. CURRIE: No, we can't. give up the ~,EY & MARSAA COURT REPORTERS, INC. (561) 686-0400 63 6 7 8 9 ~. Q 11 12 .~ 13 i4 1 ~' 15 17 1~ 1 9' zo 21 22 23 24 .corner. This thing is so marginal now, it's got to be a success. Arid you can't be~a success with less rooms than this. ,It cari't happen .• MR. BRANNTNG: And would you agree to a. restriction that runs with .the land to -- I don't know -- ,MR. HOGGARD: We just say that they go on the record that they wouldn't :oppose it. MR. CURRIE : Absolutely, assum_~ng ---- assuming-that they do something responsibly. If they pu.t a 40 foot --- a five-story solid wall on t-he property line with n,o w~.ndows in it, I suspect we'll be hexe to object; yeah. And I think he would object, wouldri't~you? MR. BRANIVING: I would suspect, yeah: 'MR. CURRIE : And if he puts a wall ~up~ on the balcony line, he can't have windows in it. I mean, as~Gary pointed out, you have to have a thre~.e-hoax wall. So by -- by virtue of what would.. have to hap~en,'he has. t~o set it back to make it reasonable, you see. ' MR'. ELIOPOULOS. ~ Hey Bob., buddy, I just -- I ' m j ust --- I' m wondering, you know, I do --- I agree with you. I'm sure this sucker is so . ~ marginal, I mean, to eliminate those three rooms I~EY & MARSAA COURT REPORTERS, INC. {561) 686-0400 1 1, l ,i '1 2 3 4 5 6 7 8 9 ~a 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 64 is huge. . MR: CURRYE: Four. - MR. ELIOPOULOS: Is it four? T'm sor.ry. I was just wondering about the benefit of it. And I'm just throwing this out,.. that you theoretically have whatevex it i~ --- I don't know -- of azs additional five .roams per floor that you can theoretically still, say, have an ocean view verses if it becomes a courtyard, all of a-sudden now you've really cut down your number- of ocean views . T'm just thxowing.it out to you and the applicant. It could be a- positive. I. know when you're talking about numbers and it gets so tight, bu.t S just -- I think in the sales of it to say that you have .all oeeaxz views verses, well ---- MR. CURRIE: I don't think we do have all ocean views, and I don't think. we can say that. It's not an option. We almost didn't come here tonight. Tt!s so marginal. , MR. BRANNING: .Perry, if~I could. ask you, I - -- I think .I heard you say the wox-d "deed restriction." What was it that. you were requesting--that the applicant .provide by way of LEY & MARSAA COURT REPORTERS, INC. (561) 686--04.00 1 1 1 I I I l 1 2 3 4 5 6 7 8 ~9 1.1 12 13 14 15 I6 ~. 7 18 19 2Q zi 22 2~ 24 25 65 deed restriction? MR. DON E'RANCISCO: I think that the current -- the current design•right~ now -- MR~. BRANNING: Excuse me, does he need to come to the microphone? MS . HEUS~S.I : .Yes , MR. BRANNING: Can-you come to the . ,microphone.. . MR. DON FRANCISCO: I'zn just concerned with the current design that if we both do this, which they're doing now, if we both do th-is, they're . blocking their own light, their own air and their own view. - Now, it had been suggested at one time that if we were both to hold back in this 'area, whatever setback they would give us, we make an agreement to consider, and if we agree with it, do the same, zt gives us both an opportunity. But now this eliminates all future. We have no option. And I understand how important that is to their income stream. That's huge, but T also und.erstaz7.d how devastating it is because we~' xe locked in foxever with what it~is, Now, if we can make some agreement that's legally binding when we redevelop and go up LEY & MARSAA COURT REPORTERS, INC. t5s~} ~s~--o~oo 66 -•~, 1 .~ 1 2 3 4 S 6 7 8. 9 10 11 12 13 14 15 16 17 18 19 20 21 2z 23 24 25 beyond -- take our building down or go up beyond what it is, it would open this up for them as we11 as fox us. But to do that this way now, they block not only our future but their own roams . So I don' t know ---- I would consider working on an agreement. This is a positive for us up there. Our concern is our future. We've been here , twenty--two years. We worked this thing. And I respect what they're doing, but not something that's going to landlock everybody forever. ~lnd• I'm open to listening to suggestions and -- it was suggested before, and maybe there's a situation that -- a deed restriction that xuns with the land, that they. don't build in that area, and then when we redevelop, we're restricted from building so many feet .from. there in the front. MR. CURRIE: Do you have a response? MR. BRANNING: If you have one. M5, DUWD: No, we don't. MR. CURRI.E: Let rn.e suggest that if -- his property is -- first of all, I don't know why we're speculating on what if he does this in the future. I think that's inappropriate. Let hire LEY & MARSAA COURT REPORTERS,~INC. (561) 686--0400 i i i I 1 i ~'~ ~~ 4 5 6 7 8 io ~.1 ~. 2 ~~ 14 is 16 17 18 19 20 2 ]. 22 23 24 25 67 design his own building. But if he, in fact, built the exact same building we did on his hundred-foot-wide frontage -- which i~ what ov.r.s is -- and~set it back l0 feet, then he's got the opening, doesn't he? So let.him do it that way or~come up with. another design. You know, Z don't think we have to solve his problem. We're following the rules now. We're following the law, and Z think this ~.s a good project. We can't lose those rooms. St c.an.'t happen or we can't do the job. Tt's the end of it . MR. BRANNTNG: Okay. Any other questions to members of the. staff, the applicant or any witness? - - Okay. Closings arguments. MR. MZI~AC.OLA: Am Z allowed to say anything, Chairman? MR. BRANNTNG: Tf you're on that team, you can make a closing argument along with the rest of your team. . MR, MZRACOLA: Z don't know if Z want to make. a closing argument. MR. BRANNTNG: Then you can`t speak. Tf you want to make a closing argument, you're LEY & MARSAA COURT REPORTERS, TNG. (561) 686-D40n i, i i i 1 2 3 4 5 fi .~ :8 9 10 11 3..2 13 ~, 4 15 16' 17 1$ 19 20 21 22 23 24 25 68. welcome. to do that. , NlR. MIRACO.LA: Z have some points I'd like •you_ to .consider. MR,. BRANNING: In your closing ,arguments? MR. MIRACOLA: Like T said, in my closing - arguments, I have some points I'd like to -, MR~, BRANNTNG: .Please state your name for the record and your-address:. ~MR.. MIRACOLA. My name is a Fran Miracola. One, I think, •~hat this Boarcl sk~ould be co~unended for just what they da. I'-m on. -a Board in DeZ-ray, and I know you -s-p-end a lot of time here, basically just to be a.-good citizen. And what I don''t like and what irks me and what sticks in -my craw i~s th•at there's a lawyer here that xepres-anted that he r~presents~a resid-ant of this c©mmunity: -There's no proof. of that.. He's npt on the deed. I have a deed in my -- in my briefcase, and h.e has never brought any proof that. he represented him. And he's told me that'he never met his client, so I d,on't believe it . And don't worry about me, he can sue me if he~ wants. It would be my privilege. So that's one. thing that really irks me, that he's got up ,~ ~, LEY-& MARSAA COURT REPORTERS, INC. (561) 6$5-0400 69 .,,` here three times. X mean, I don't care who his grandfather is. Thy bottom line is: He said three times to_•this Board and swore to God that he represented a resident, and I'm saying he doesn't. ~ - ' 1 2 .3 4 `J ,~ 7 9 3.0 11 12 ]. 3 14 15 15 Z '7 18 19 20 21 22 23 24 25. ...And the ether thing that bothers me is basically what Perry said,• is that it's•okay if you. build -- if he bui.ld_s. on his property line, ~bnt~ you can't build on yaur property line. Bab was right -- .MR. DonFRANCIS.CO: I didn't say that. 'MR. MIRACOLA: We have a hundred feet, and we build in -ninety of it. Perry has a hundred feet, and he can do the exact sazzie thing. And we would haue an opening, if that's what he wants to do, but~we respect his right. I would never go up and --- and .be against anyYaody a.s long as they were ,within the code. I went against one•of my best. friends, Carl DeSantos, when the Marriott came here,, and you were on their team, Gary. .And they wanted to • build a .restaurant, and Carl. spoke against it . And T said i,t's wrong,. you got to respect people's property rights, and ---- that's it. Thanks . ~~ • ~ LEY ;& MARSAA~ CURT REPORTERS, INC . (56].) 6$6-04.00 J 70 .. -~ 1 2 3 4 5 6 7 8 9' 10 11 1.2 1.3 14 15 16 17 18 19 20 21 22 23 24~ 25 MR . BRANNING : Tha:n.k you, Fran-. MR. 5H'OWERS: Let me try end get this on a positive note. This has been a struggle, and there's. a lot of emotion, as you can tell. Sut T even heard all of you tonight -say complimentarily that we've moved foxwarcl. We've given in a lot, and we~have done a lot of things to positively ;react to. those .in the community,, .even, some of those that don't have justifiable reasons: for coming up here and making the change that they do. ~ - Unfortunately, we as professionals have a different responsibility. We have to support our eomments~with facts. Others can come up here and say things that •a re blatant lies, and they don"t have t'h'e same responsibility that we do. ~ And that's unfortunate when you`re trying to make a decision on what you're hearing and not know that some of what you'fe hearing is inaccurate. But we have moved forward. We have dome a lot •o'f things' to do what we in our town' believe to be a posit.zve project. It is in concert with the goa15 and objections with the Comp~Plan, and it is in compliance with.the laws, and we think that this needs to be voted on tonight. We LEY & MARSAA COURT REPORTERS, TNC. (56].) 686•-0400 i '~ .-~ 1 2 4 5 6 7 8 9 10 11 12 13 14 15 lfi 17 18 19 20 2 ~1 22 23 24 25 71 believe it's a favorable project, and it should receive your .€avozable consideration. But this is it. .Tonight Xs the night. Up oz• downy let's. move on. Thank you, ti MR. BRANNING: Thank you. MR. MIRACOLA: Mr. Oyer, I assume you're going to respond, too. • MR_ OYER: Oh, I think our credibility and integrity have been called into question, and if there's any question on the Board, I'~d like t~o clear that up right now. MR. BRANNING: Is there any question on the Board -- by the Board? MR. OVER: Let's not have the applicant standing up saying that,we don't have any stax~.dar~d to live up to. I'm an officer of the Court and forzz~er Maine Corps officer_ I don"t lie, cheat or steal or tolerate those who do. So if you would like evidence,.i have a certified letter from the Trustee of the txust that holds title to all three of those properties on Selena Avenue. MR. BRANNING:. Would you enter those into the record? MR. OYEk~: Absolutely. Would you like ine LEY & MARSAA COURT REPORTERS, INC: (561) 686-000 72 4 a ..~ .~ _~ 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15• 16 17 18 19 20 21 22 23 24 25 to read it into the record? ' MR. HRANNTNG: I don't thin3s that~s necessary. MR. DYER: Thank you. I appreciate it. MR. BRANNxNG: okay. Staff, opportunity for closing arguments. MR. HAGGARD: The only thing that I would like to add'is: There are a couple of you who had questions about the site visibility triangle. Let me just go through that a little bit more. Selena Avenue is very slow moving •traffic. The traffic impacts on that road are going to be very minimal., The- sight visibility triangle for the exit lane, which is where the impact on the roadways would come from, are 20 feet in both di~'ections. The 10-foot. side is for the entrance, so it's just the way we defiz~.ed it in our code is why we require the waiver, The visibility triangles for Atlantic ---- for Ocean Boulevard are also reduced because those columns are in the way. You have visibility on each side of the columns as you cozn,e out. And again, the visibility triangles for where you are in the vehicle in the entrance ' lane; you have more than 20 feet on both sides. LEY & MA.RSAA COURT REPOR'T'ERS, INC. (551} 686--0400 1 2 3 4 S 6 7 8 9 10 3l l2 ~, 3 l4 1.5 ~. 5 l7 18 Z9 20 z~ 22 23 24 25 Plus on that roadway, the pavement for A-1-A is actually another T2 feet to the east, so you have even more visibility. That's all. T wanted to give you reasons why we're supporting it. • MR. SNEIDERMAN: I just have .one q~.estion_ In regards to no food service, is there -- in regards- to no food service and no future food service, do we have the ability to do that? Can we do that?~ MR. HOGGARD: I don't know if•we can do that or•not. I don't know who -- I mean, it would have to come back to you-for site plan modification to do it. . MR. BRANNING: There is no food service contemplated by the project. MR. HOGGARD: So T don't know haw you can say you can't do it in -the future when who knows, I mean, what changes in the building can occux to make it Work? Bo 'I don't think it's appropriate. MR. BRANNING:' I would go with that. - MS. BORCHARDT: Yeah, when you're talking about food service, are you speaking -- yo'u know, say if you wanted to have something a~iailabie just in the hotel but not a restaurant, or LEY & MARSAA C4IIRT REPORTERS, INC.. (~~x} X86--0400 ~~ 2 3 4 5 5 7 8 9 10. l ~. 12 13 I4 15 16 17 1$ 19 2Q 21 22 23 24 25 . ~ 74 exactly what are we talking about? MR. SNEIDERMAN: I'm not really sure. We just don't. want to see those trucks sta;rti•ng to appear. That's ri~y only concern. I believe that they've handled the problem that we. -- that was concerning us in previous sessions. And to somehow magically rnal~e a. restaurant appear in one of those very large rooms would create a food service situation that has to be handled by~ trucks, ~rrhich is not what we want. MR. HOGGARD: As I said, that would . require -- that would require a sate plan modification. And if nothing changed, obviously we wouldn't support it based on the same things that we have already gone through. T don't think we can stipulate now what might change in the past that might make it possible, so I don't think you can now and speculate forever. MS. BORCHARDT: Number of rooms, much less. a restaurant, I don't know where they would pint it. MR. HOGGARD: I'm sure it's not going to happen, bu.t... MR. BRANNING: Okay. Very goad. Okay, zzo further testimony should be taken. The Board LEY & MARSP}A COURT REPORTERS, INC. (56~.) 6$6-0400 ~~ ''; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 ~. 7 18 19 2D 21 22 23 24 25 shall now begin its deliberations. Start with the waivers, discuss the waivers. Stacking distance. MS. BORCHARDT: Do you want to take the waivers all as a group or one at a time? MR. BRANNING: One at a time. Nobody has any issues with the first waiver? . MS. DOWD: No, I don't. MR, BRANNING:. Would you like to make a motion? • MR. EL~OPOULOS : I move for apprt~val of the waiver for LDR ~ectXOn 4.6.9D3Cl~to reduce the required stacking distance for Selena Avenue driveway ent-ranee'from 20 feet to 14. MR. SNEIpERMAN: .Second. MR. BRANNING: Motion is secand.ed.' Discussion? Hearing none, all in favor say aye. (.All indicate aye.) ~' MR. BRANNING: Motion passes. MR. SNEIDERMAN~: Mr. Chairman, I move to approve the waiver to LDR Section 4.6.14A to reduce the visibility triangle at the Selena Avenue driveway en.tranee from 20 feet to 10 feet and at the Ocean Boulevard driveway entrance from LEY & MARSHA COURT REPORTERS, INC. (.561} 686-0400 76 14 1 2 3 4 S 6 7 8 9 la 11 12 13 14 15. 15 17 18 ~. 9 20 21 22 2~ 24 25 20 feet to 8 feet based upon the. positive findings with LDR Section 4 -- 2.47B5. MS. DOwD: Second. MR. BR~.NNING: Motion seconded. Discussion? MS. BORCHARDT: Mr. Chairman, because we have both the waiver for both Selena Avenue and •Ocean Boulevard, I'm probably not going to be able to support it. I do support on Selena Avenue. I`m concerned reducing it down to 8 feet on Ocean Boulevard..Because these are together in 'one waiver, I won.'t be supporting it. MR. BRANNING: Okay. Any other comments? Hearing none, please call the roll, Loretta. MS. HEUSSI: Diane Borchardt? MS.. BORCHARDT: No. • MS. HEUSSI: .Debora Dowd? MS. DOWD: Yes. MS. HEUSSI: Michael 5~eiderman? MR. SNEIDERMAN: Yes. MS. HEI3SSI: Gary Eliop:oulos? MR. ELIOPOULOS: Yes. MS. HEUSSI: William Bxanning? MR. BRANNING: Yes. MS. HEUSSI: Passes four to one. LEY & MARSAA COURT REPORTERS, INC. fssl7 &85-0400 4 i I ,~ I 2 3 4 S 6 7 8 9 10 1x 12 13 14 15 16 17 18 19 20 2 ~. 22 23 24 25 ~~ MR. BRANNTNG: We shah-entertain a motion on the third waivex, - MS. DOWD: Mr. Chair, I move to approve of waiver to LDR Section 6.1.3B to eliminate the required sidewalk along Selena Avenue.. MS. BORCHARDT: Second. MR. BRANNTNG: Motion is seconded. Discussion? Ali in favor say aye.. (All indicate aye.} MR. BRANNTNG: Motion passes. Sates plan. MR. ELIOPOULOS: Mr. Chairman, approve classified site plan for- Hotel Vista Del Mar based on positive findings to~ respect to Chapter 3 and Section 2.4.5F5 of the Land Development Regulations and the policies of the - Coan,prehensive Plan subject to the following conditions one through five. And I don't know if there was aniy others, so I have to -- MR. BRANNTNG: There is a motion. Is there a second? MR. SNEIDERMAN: Seca.nd. MR. BRANNTNG: Seconded. Di.scussio'n? MS. BORCHARDT: Mr. Chairman, is this t~he~ staff's recommendation fox the elimination of the -- the four .rooms? Is this where there's any LEY & MARSAA COURT REPORTERS, INC. (561} 6$6-04.00 1 '; i - 1 4 5 6 7 8 9 IO ~i 12 ]. 3 14 15 16 17 18 19 20 21 22 23~ 24 25 .. ----- - - --- -- -- ~ - 78 proposed. resolutions? . MR. ~LTOPOUL05: Tn terms .of elevation. MR. BRANNING: I don't think that's listed as a technical comment. - MR. HOGGARD; We di~i. zr~ake that a condition. We were just expressing the Board's concern with that, and that way in the alternative, they can go on the record. I•just want you to note that this is a potential problem. . MS. BORCHARDT: It was a concern. Okay. That's all T wanted to -- Mr, Char, .I would like to --- again, Z'm not going to vote an favor of, this, and it i.s not because of the design. I thank it's -- it's -- they've done a wonderful job. The size of°the site and the density is of concern to me and continues to be. This is a very difficult decision because from the first meeting to now, there have been so many improvements to this site plan that .I wasn't sure until just a few minutes ago how I ryas going to vote on bias_ T again am going to compliment the architects for responding, but want to let you know, the agents, I'm ~roting for denial. MR. ELIOPOUL05; Diane, -can T ask you the LAY' & MARSAA C(]URT REPORTER, INC. 1561.) 686-Q4Q0 1 ~__~ 2 1 ~F - ~9- question that if ---- I know Bob said it's marginal --- but Z mean, if we're talking about someone can vote no, I mean, if it was tkzose rooms were eliminated, would you be voting yes or no? 3 4 5 6 7 8 9 10 l1 l2 ~~ 14 15 l6 l7 ~. $ L9 .~ a 21 22 23 24 25 M5. $ORCHAR.DT: You know, Gary, possibly. Possibly. But T understand, you know, the point that they can't. reduce; it. You get to the paint where if you reduce it, as they said, you can't build it, it's not feasible. I understand that. It's --- .itr°s --- just to me, the urban front is mentioned. It's not something I prefer to see along the beach front. The. density, you know, will probably help, but I understand the reasons for not being able to do that. MR. SNETDERMAN: I guess I just -- I -- the -- the problem that I've had with the project all along is that I have felt as though they've dropped an intense building right into the middle of a hundred foot by whatever plot.. But when I sit back and think about it, T mean, they're -- they're doing what they can do with that particular area: They've responded to every issue that we have had, .and I believe they've responded LEY & MARSAA COURT REPORTER, INC. (561) 586-0400 -~ . 3 1 - 9 ~5 i I ~ € 7 8 9 10 11 ~. 2 1 I.3 1.4' 15 16 17 18 19 20 2 ~. 22 23 ~`1 2 4 25 80 positively. And when I.look at the drawing •frozn the beach of the -- the landscape, T mean, the town fathers have allowed similar .buildings that - high. T -- I just -- -I .don't -- I do~.'.t object to it. I'zn going to vote for it. - MR. BRANNTNG: Ckay, thank you. Any other COmI[leIltS? - ~ . I~ haven't been •able to express that .I do appreciate. the architect's openness and to respond to the comments of the public anal to the comments of the Berard. This project has come a long way in the three .times its been here,, and I think- it's been reduced ,~in mass ta• scale. I think Selena, in all intents and purposes, is an alley. - - There are single-family residences that are there now. Our -- their view is blocked by the buildings there -- that are currently there, and T don't believe that --- actually, I think replacing it with visibility, with having some landscaping there is an improvement of over what '-s there now. z'm -~- the most difficult aspect of this for me is the -- is the corner units. I understand Perry's concerns., but I da believe ~4 LEy ~ MARSAA CQURT REPORTERS, INC. (561) 686-040Q - - 81 ._~ L C E ~~7 8 9 1-0 1 ~. I2 13 14 15 15 ]. Z 18 19' 20 21 22 23 24 25 .~ ~ - that -- that as you hav:e~done by reconfiguring and shifting things, you're able to make your ~ - project .work. And ~ think ones next door can also be designed so that;it -- it is attractive and functional and profitable as well. M5. DOWD: Oh, boy. T do respect Pea~ry's concern,. and it's like that could be a changing factor for me. But Z'm going to say that with all the changes .that the architects have-go.ne through and with due respect to the buildings they've done, this building, others, that, they've came a long way. I had a. ~.arge concern -before about the residents on Selena. We heard from those people. I -- I stated .that I was a person of - neighborhoods. I think that they certainly .did theiz homework and brough.t,th.at forth, so X'm -- I'm going to vote for it. MR. ELIOPOULOS: Weli; obviously I made the motion. Duh. I would like to $ay that z -- I -- I respect sonic of the comments especially from Jose and Fran.. I would -- Z would have to say, though, that if it wasn't for maybe-some of the comments from the public or this Board, that the _ LBY & MARSAA CgURT REPORTERS,, INC. X561) 685-0400 ...ti ,s 9 5 6 7 8 9 10 . 11 lz 13 1 4' 15 16 17 ~. 8 19 20 21~ 22 23 24 25 82 project wouldn't be getting approved. ~X think you guys have come a.lon.g way, but I think it's due to comments. I mean, obviously the first presentations, we could have just voted ye.s for. z don't think that it was the right project. I think you guys have really made this work. MR. BRANNING~: Okay. S.o ~ any other comments? Ali in favor of the ~a,pproval site plan say aye. . • {indication of ayes.) MR. BRANNING: Opposed? MS. BORCHARDT: Mr.,Chairman, Z would like . s to vote in the affirmative. MR.. BRANNING: Okay,. it's unanimous. Landscape plan. ~ • MR, ELIOPOULOS: That's really beating them up. MS. DOWD: Mr. Chair, I'd like to make a motion to approve the landscape plan for the Hotel Vista Del Mar based upon positive findings with respect to Sectian'4.6.16 of the Land Development ~Regulati.ons subject to. the ' following conditions: One, address alx landscape and technical itez~s and subi~.it three copies of LEY & MARSA.A COURT REPORTERS, INC. X561) 686-0400 83 ,~ ,_ 1 2 3 4 . 5 6 7 8 9 10 11 12 ~. 3 14 _.1 5 16 17 18 1 9' 20 21 22 23 24 25 revised plans. MR. BRANNING: Is there a Second? MR. SNEIDE.RMAN: Second. MR. BRANNING: DiSCCZSSion? All in favor say aye? (A11 indicate aye.} MR. BRANNING:. Opposed? Motion passes. Elevations, Do we need t•o say something on that one shift, .Ron? MR. HAGGARD: Y•ou have to decide what you want to do with that condition. MR. BRANNING: Well, haw about t-he height issue, is that --.has that changed from our staff report? MR.~-HOGGARD: No. It's- one-half foot higher than what I said- MR. BRANNING: Okay. So we don't need to --- • MR. HAGGARD: The height of that tower is 6 inches taller. MR. .BRANNING : Okay. So that' s j ust on. record., is that what it a,s? . MR_ HAGGARD: Right. MR. ELI~P4ULOS: Mr. 'Chairman, is it appropriate for me to ask the•applicant LEY & MARSAA COURT REPORTERS, J.tvL- (561} 686-040D . _~~ 1 i r i E 8 9 10 11 12 I3 14 15 16 17 18 ~. 9 20 21 22• 23 _ 24 r 25 ._ 84 something? - MR. BRANNING: Certainly is. NlR. ELIOPOUL~S : I brought ---- I bro-tight with me, actually,, the original proposal,. and I'zn kind of listening actually to. Ron's comment about the parapet. And I was -- you know, in youx original. proposal ---- you know; take. away the roof parts. You know, when you go down the building, you definitely have a lot more defined banding and things like that. Without even having to come bark, I mean, would you guys consider trying to alleviate some o~ the detailing that you had? It appears like the elevations that we have right now have gotten a lot sle-eker•, cleaner maybe; if you w~.ll. But I. mean, i~' you look at the original elevations, maybe some of the archite-ct is due to going through, but some of them on the sides and everything have nl.ce detailing and score- lines. Some of the brackets that you ha.d along -= I don't know. I'd like you guys to maybe look at that, yoi~ know. Here, I'l1 show you that. Just some of this stuff right there (indicating). T think if you look at the elevations,~y.ou last. a loft of LEY & MAR~AA COURT REPQRTERS, INC. {561) 6.86-0400 `,~ t r E ,~ ~4 1 .} 8 9 10 11 12 ]. 3 14 15 16 17 18- 19 20 21 22 23 24 25 L that detail. I'm not sure if it needed to be taken away, just -- 3 Mr. Currie, do you have a comment,? ~ ~ MR. ELIOPQULOS: I've got to get;-away. MFt. CURRIE: x think on the -- on. the pedestrian level., -the ground •level, you're probably right.. We can reintroduce some of that, especially the materials, ratings. I•think the owner wants it. I'd like to r•eintroduce.the .little paths, if you would, the roofs. But we're not going to j eop-axdize everything on, that .. ~ We may come back solely on that issue and try to make it a better building as a result of that, but we didn't want it hinged .upon that. MR. BRANNING: •So Gary, you were suggesting the applicant snake revisions and not come back to the Soard? MR. ELIOPOULOS: Actually, I --- T didn't know about the tower elements, but X was -- I would say that I felt quite comfortable with what they've done previously on one of the first submittals that they were introducing the detailing, that I would be comfortable with it because I think it would only be the landings. LEY &. MARSAA COURT REPORTERS, INC. (561) 68fi-0400 t 1 i i 1 .y E t 8 9 10 11 12 ]. 3 14 i5 16 17 18 19 20 2.1 22 23 24 25 85 1 MR. BRP.NNING: Okay. So perhaps trze can add ?. the condition that additional score lines and 3 banding -- 6 MR. ELIOPOULOS: Yes. : MR. SRANNING: ---- as approved by staff. MR. ELXO~OULOS: Weil, mostly -~- my main con:~cern was on the street level at that entrance there. ~ think it really will a.dd to the character o~ the building, MR. SHOWERS: Maybe, in fact, we can do that and show it to staff anal even have it somewhat revised by the time we go to City • Commission for that final agp~roval. But, yes. MR. ELIOPOULOS: okay. Mr. Chairman, approve the elevations for the•Hotel Vista Del Mar based on the positive findings with respect to Section 4.6.].8 of Land Development Regulations subject to the fallowing conditions -- I leave this to the applicant's discretion -- Item 1, that additional architectural eleiaents such, as a parapet cap or metal -- not the metal manside rail.. Possibly a cap be added to, the proposed elevation on the parapet. • No. 2, that additional detailing be applied at the ground level. LEY & MARSAA COIIR~~REPORTERS, INC. (561} 585-0400 ~. _. ~~ i i 1 I t E ••, i 1 c 10 11 l2 13 ~. 4 15 16 17 18 l9 20 21 22 23 24 2 :~ 87 1 MR. BRANNZNG: We have a motion. second? 2 MS. BORCHARDT: Okay, second. 3 MR. BRANNZNG: So that motion, Gary, adds ~ the parapet cap to the applicant's discretion, i correct? . > MR. ELICQPOULOS: Yes. MR. BRANNZNG: Okay. And that -- but the street ~.evel demonstration is not at their discretion as you waned a submittal? MR. ELIOPOULOS: I want to see more of it, t but I think between what they had before an the front -- on the first, you know, mixture of that T think is fine, I don't -- it's -only going to get better, so Z don't feel that. it's necessary they have to come back. MR. HOGGARD: Okay. You have to approve it by staff? MR. ELIOPOf3LOS: Right. Without a doubt, approved by staff, MR. BRANNZNG: Do we have a second? MS_ BORCHARDT: Second. MR. BRANNZNG: It's seconded.. Discussion? All in favor say aye.. {All. indicate aye . MR. BRANNZNNG: Motion passes unanimousl~r. LEY ~ MARSAA .COURT REPORTERS, INC. (561j 686-Q400 ~- .. ~, .J 3 I( 1~ 12 . ~.! 13 14 15 16 17 i8 19 2D 21 22 23 ~' ~~ 2 4 ,, 2 5 4 6 ~- MR. SNEIDERMAN: One last comment here. 2 I'm thinking about all of the -- the statements 3 that ha~re been made and the Board`s respect for 4 Perry and Soston~s and the thought of Perry•at 5 some point,in.time building a five-story hotel on 5 that spot. ~Tt seems that we've already 7 established the-fact that a hotel of -- in that 3 area requires a certain density, and that 3 density, in order to co-exist with the ~ neighborhood, would mean that couldn't have a restaurant. T, for one, would hate to see Boston's disappear from Delray Beaeh, so... MR. ELIOPQULOS: Don`t build, Perry. MFt. SHOWERS: Okay, members of the Board, thank you.. It was difficult, anal we appreciate the consideration. • MR. BRANNING: Board will take a 5-minute recess. {Whereupon, this- concludes the proceedings had.') LEY & MARSAP, COURT~REPORTERS, INC. (551) 585-0400 Rg ~ -•---. _~ 1 1f ~~] 1c ~ 13 14 15 16 17 18 19 20 21 ~2 23 24 25. 1, ~ CE RT T FI GAT E 3 THE STATE OF FLORID:, ) - 4 COUNTY OF PALM BEACH ) 5 I, WANDA D. GOOD, a Court Reporter and 7 Notary Public in and for the State of Fxorida at Large: 3 - DO HEREBY CERTIFY that the above.-entitled 3 and numbered cause was heard as herein~bove set out; that I was authorized to and did report in shorthand the proceedings, and that the foregoing pages, numbered I through 88 inclusive, comprise a true and correct transcript of my stenographic notes taJ~en during said Board meeting. . ZN TE-S-TZMONY WHEREOF, S have hereunto affixed my signature this 3Qth day of August, 201. WANDA D. GOOD, Notary Public, . Certified Court Reporter ,,~,,,, f Wanda d. Goad ivlY COMMtSSlaN # CCb98357 EX?IR~S 7anuQry i 7, 2002 ~~~°fiCs_` eON4miHRI1TROYFAUI~iSlA2ANc~Ih1C ~~ LEY & MARSAA COURT REPORTERS, INC. {561) 686-Q400 .~i'S ~i~'~~ r Mr. Sneiderman stepped back to the dais. IV. PROJECT PLANS i'S, ..~ C. Hotel Vista Del Mar. Continuation from Julu~ 1 i. 2001 Meetinal~: West Side of S©uth Ocean Boulevard (A-1-A). Approximately 300' South of Atlantic Avenue: Class V Site Plan Landsca Plan and Buildin Elevations Associated with the Construction of a 70 Room Hotel• Robert Gurrie Authorized A ent. QUASI- JUDICIAL HEARING Chairman Branning eta#ed that this item would be conducted as a quasi judicial hearing, which allows for presentations, by all involved parties, the admission of documen#s into the record and public testimony. The Board Secre#ary, Loretta Heussi, swore in those individuals who wished to give testimony on this item. Mr. Ronald Haggard, Senior Planner stated at its meeting of July 11, 2001, the Site Plan Review and Appearance Board reviewed the development proposal and tabled the item. Mr. Hoggard stated that the applicant has revised the plans to address the issueslconcems raised at the previous meeting. Mr. Haggard .presented an overview of the revisions that have been made since the previous meeting. The revisions included the following: the overall scale of the project and its compatibility with adjacen# properties; loading requirements and the impact on Salina Avenue; sight visibility on Salina Avenue and Ocean Boulevard; and, traffic circulation and fuming movements on Ocean Boulevard. The development proposal has been changed to a total of 70 rooms and a prnrate gym/spa. The 1,333 sq. ft, restaurant component and the rooftop pool have been eliminated. There are a total of 50 parking spaces accommodated within the building on the ground floor and below grade. There are six floors, induding the sub-grade parking level. Mr. Hoggard highlighted the revisions that have been made as stated in the staff report. • The building setback for Salina Avenr~e has been changed from 5" to 90' to move the building further away from Salina Avenue. Also, a portion of the building on the north properly fine has been setback an additional $'. • The hotel has a height of 48' to the. flat roof deck. The heights of the elevator tower, elevator equipment roam, and the rrmechanica! equipment areas need to be shown on the plans. • Regarding open space, twenty-three percent (23%) of landscaping has been provided adjacent fo ocean Boulevard and Salina Avenue as well as along the north and south sides of the building, • Forty-nine (49) parking spaces have been provided, and two (2) additional parking spaces are provided as .guest check-in spaces only. Two handicapped parking spaces are provided and there is a drop off space in front. 5f'R,4~ Minutes 8/8!0'E ~ qv; ~~ ,F • Siric~ the restaurant has been eliminated, one loading space is adequate for the facility. The 45,86D square feet building area of the hotel is less than half of the range provided in the guidelines table for ho#els requiring 2 loading spaces. Also, the hate! has its own laundry, and a linen service will no# be needed. Smaller delivery vehicles can utilize the regular parking spaces in the garage or the drop- off and check-in spaces in front ofi the lobby to make deliveries. • The loading space is located between two parking spaces, which extend behind the loading space. To accommodate the required maneuvering area, the loading space has been widened to 14'. This allows a 30' fuming radius rn both directions. • Since the size of the drop-off area has been reduced, two of the parking spaces for the project, opposite the lobby are being converted to temporary spaces for check-in and luggage drop-off. This can be accomplished, since the parking requirement for the project has been exceeded. • The required stacking distance from the right-of way to the first parking space or aisleway is 2D' when 50 parking spaces are provided in a parking area. The proposed stacking distance from Salina Avenue to the aisleway {ramp). is 14'. A waiver to this requirement has been requested to reduce the stacking distance for this driveway entrance from 20' to 14", and Staff supports the waiver. • The visibility triangles at the garage entrances are approximately 10' on Salina Avenue and 8' on Ocean Boulevard, where 20` is required. A waiver to this requirement has been requested, and Staff supports the waiver. • The building is located west of the Coastal Construction Control Line and does nat require a DEP perm. • The landscaping has been upgraded. There is landscaping on the north and south skies of the building, plantings on Ocean Drive, foundation plantings on the north side, and a 1 D' landscape strip along the west property line between the building and Salina Avenue. • The architectural elevations have changed significantly, especially the rear elevations. The architectural elevations are much more compatible with the adjacen# properties. Mr. Hoggard sta#ed that positive Endings with the LDRs and consistency with the policies of the Comprehensive Plan can be made. He continued that this proposal is an improvement from the previous one, and recommended approval, subject to the conditions ou#lined in the staff report. Mr. Hoggard entered the following pertinent document into the record, the planning and Zoning Departments Project Fife 2001-008-SPF-SPR. Mr. Jose Aguila, Architect of Robert Currie Partnership stated that after several times of appearing before the Board for this proposal, we feel that these revised plans meet all the requirements. He stated fhat they concurred with the site plan technical items and conditions of approval, and felt that the Board would agree that ~ SPRAB Minutes 8/8101 ..,.~~ ; ~~t~~~' ~.~~~i they Have a wonderful hotel. Mr. Aquila gave a power point presentation, which included addressing the comments made from the previous meeting, .and the modifications incorporated to the revised plans as follows: ' Undermining Existing Foundations: increased north wail setback of 8'. • Coastal Construction Line: increased setback of east waU. • - Restaurant has been eliminated. - - • Parking Spaces have. added two check-in spaces and one front drop- off space. Drainage: pervious area has been increased to 3,225 sq. ft. • Loading Zane: 2' wider than required. • Landscaping: mare landscaping has been provided on the north and west side due to increased setbacks. • Setbacks Between Boston`s and Hotel Rooms: proposed setback is larger than currently existing with the Bermuda Inn. Side setbacks are 1 Q' and '} 8' to 24'. • View from Boston's Upper Deck to South: Note! is set back and not inhibiting their view. Front setback adjacent to Boston's upper deck was increased an - additional 3 feet to "1 Q~ feet. . • Floor Area Ratios: the hotel FAR is 2.5fi on new plan. • New Plan Rear Setb-ack: increased from 5' at ground level to 40' on new plan. Increased from. 5' at fifth level #0 95' on new plan. • Building Projections: there are no projections over property fines, • Roof Appurtenances: rooftop pool has been eliminated. Required roof appurtenance is now 5?'-fi" to mid-roof. • West Elevation: Mr. Aquila explained how they redesigned the west elevation, facing Salina Avenue. Mr. Aquila concluded that he felt that they have demonstrated tha# they have complied with- all the pervious issues, and was available to answer any questions. t Mr. Jess Sowards, Architect of Currie Partnership continued with the power point presentation and addressed the following: Aerial of the General Vicinity and Our Existing Site: the two residential properties to the Yllest are owned by the same owner of the hotel development. Explained the height ar}d scale of the hotel compared to the existing businesses on A-1-A, Qcean Boulevard. Explained the changes they had made to the south and north elevations and felt it was more compatible to the residents to the west. Mr. Robert Cume, Robert Gume Partnership addressed the aesthetics issues: • The first elevation articulates our step forms, which element far moderate, but also achieves a vertical eleme ~ffor fhe top floor when setback with the cementitous siding materials. T SPRAB It~nutes 8J8lQ1 ~° • Mr.,'Currie explained why zero lot fines are allowed in the Comrriercial district, and is allowed for specific reasons. It is an urban idea that you are trying #o get a continuing building of wall, if you will, and to that end we are trying to achieve that an the north side. There has been some concern regarding Boston's being able to do this and would we object. He continued that I would say ca#egorical[y, that we wouldn't, we would welcome them. If Boston's decided ~to do something of this size on the north side we would be there to support and encourage them. • Mr. Currie continued that he had two more issues: {1) Th[s City i~as been a success and we want to bring residential into this town. More then anything else we want to bring hotel residential into this town. {2) With all the concerns regarding this proposal, we aren't asking for anything special and we aren't violating any of the zonings codes or laws. Mr. Currie concluded that he hopes the Board would support the proposal. Mr. Mark Krell, Aitomey representing the applicant stated that he would like to make a closing statement, and requested that the individuals speaking from the: public not only speak their name, but also speak their physical address. Chairman Branning asked for a showing of hands from the public to have an idea of how many individuals wished to speak on the proposal. He requested that the individuals Limit #heir time at the microphone to three minutes and please state if you are in favor or opposed to the project, Also, he requested that if another individual has already commented on something, please just state that you agree or disagree. It isn't necessary to repeat the same thing, but naturally if' you have new ideas or viewpoints we do~want to hear them. The following individuals spoke from the public. Mr. Gene Sullivan, Operator of a store at 2838 South Ocean Boulevard, and representing the New Ilifonmouth Condoi~riinium Association at 36 South Ocean Boulevard stated that they are 7 Dp% in favor of this wonderful project. The hotel w_iil be a wonderful addition to Delray Beach. Mr. Sullivan submitted for the record a letter in favor of the project from the New Monmouth Condominium Association. Ms. Melanie Downes, 200~South Ocean Boulevard stated that she had spoken at the previous mee#ing, and that once again was in favor of the project, She left it was a great project for the neighborhood because it would increase the value of the surrounding properties. She didn't think there would be any more traffic congestion on Ocean Boulevard then already exists. Ms. Downes felt that this was a wonderful project. Ms, Pennv Robert, Eastern Complex Santa Al on Salina Avenue stated that she is in favor of the project. SPRAB Mnutes 818/01 t~' If!~ ,. n14 r~xn~_i Mr. Cfiu~k Wamer, representative as a private resident and owner of property East of Atlantic Avenue stated that we are in need ofi a hotel and is in flavor of the proposal. Ms. Karen Thomas, 1138 Vista Del Mar, read into the record a letter from a resident, Ms. Marion Cousins, 1220.East Atlantic Avenue. Ms. Cousins had stated that she was in favor of the project. Ms. Linda Bouboutsis,1817 Salina Avenue stated that she has no objections to the project. Mr. Hank Lenaa, 18 Salina Avenue, President of the Wiliamsberg Condominium Association stated that they recommend approval of this project. Mr. Carl DeSantis, 343 Balboa, stated that this hotel is well needed and is in favor of the project. - - Mr. Steven Me er, Attorney in. Boca Raton, representing himself'had spoken at the previous meeting..He complimented the Board and the petitioners for redesigning the hotel and eliminating the restaurant. The primary concerns of the restaurant have been significantly addressed, He felt that it should be a condition of approval that at this Time, or any time in the fu#ure, there wouldn't be any food service, or reques# a variance relating to food service of preparation or storage of food on these premises. Also, there will be a traffic problem if a restauran# is allowed. Mr. Meyer felt that there was concern with the visibility triangle. He requested that the Board consider this as a condition of approval. Mr. Harvey Over I11. EsQ , of Gunster, Yoakley & Stewart, P.A., business address is 777 South Flagier Dave, West Palm Beach., FL. Mr. Oyer stated that he 'is representing Mr. Donald Robinson, who is a properly owner on Salina Avenue. At the previous meeting there were seven issues that the Board had requested to be addressed, and two have been addressed. He didn't feel the following issueslconcems have been fully addressed, and requested that the Board have the applicant address these. 1. Waiver to the visibility triangle -Granting of such a waiver raises a serious safety concern for the Salina Avenue residents. Reducing the visibility triangle is dangerous and unreasonable. 2. West and north elevations -need to be setback. 3. Floor area ratios. 4. Density. Mr. Oyer concluded that all they are asking is that the hotel be scaled back. We aren'# against this project, and we feel it will increase property values, and think it is a good use in the neighborhood, We just want to see something that is reasonable, net a big box structure in our front yard and along the beach. We feel that they SF'RA8 Minutes 8/8~D1 should Cut 7Q or 15 rooms out of this project, so that there are adequate setbacks, adequate stepping back on the upper floors, and adequate ventilation separating our property from the hotel. Mr. Penn DonFrancisco, Owner of Boston's 4n The Beach, Inc., 4D South Ocean Boulevard stated that he would like to acknowledge the .design for its revisions, and particularly traf~rc, safety, deliver~rconcems, and elimination of tti~ garage exhaust. He agreed that this ho#el is needed, however Boston's is the abutting property and we still have concerns. His concerns are proximity of the zero lot line with no setback, cohabitation, and the impediments that the north elevation design causes for our redevelopment at a future time. Proximity of the zero lot line with no setback. Staff has clearly and correctly identified the problem with tape proximity of these norlhem zero lot line rooms as stipulated in the staff report, -page 12, paragraph 3. Mr. DonFrancis+co quoted the following from the staff report, "The Board's c~ncems regarding the abutting property to the north have been partially addressed by moving the majority of the building 8' back from the properly line, thereby allowing the addition of foundation planting along that facade". Unfortunately, this 8' setback doesn't occur where r# is needed the most, which is between the proposed projec# and Boston's building. The entire perimeter of this project is setback until it reaches that one area, He continued to quote from the staff report, "However, concerns regarding ocean visibility from the northern hotel rooms if a building of equal height were to be constructed to the north have no# been addressed. ft is noted that the impact of this scenario would be reduced if the comer unit on each floor (4 units) were removed. The opening created between the two buildings would allow air, light and ocean visibility, albeit reduced. By not addressing this issue now and ensuring at [east some ocean visibility, a potential problem with compatibility in the future may be created and may hinder redevelopment of the adjacent properly. To avoid these potential problems, staff recommends that the comer unit on each level be eliminated." We are saying that the zero lot line situation will create a difficult co- existence for both of us to operate under. This Board has the discretion to provide relief from the building mass by providing a setback, even though it is in the CBD. Also, he quoted from the staff report, "Tile 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." When these buildings abut there will be a conduit for noise, create drainage problems on our property, light and ocean visibility. A legal deed restriction should be placed on the property, protecting Boston's from opposition's blocking our future development. This covenant should run with the land and clearly delineate that we will na# be opposed by the property owner at the time, on that north side boundary when we redevelop regarding loss of view, light and air circeJlation. 7~ SPRA$ Minutes 816141 Mr. Matt Gracey, 72 South Ocean 'Boulevard, and President of Bahama House Condominium Association stated that they were supportive of the redesigned project. Mr. Hoggard read into the record three letters received in opposition from the following individuals: Mr. Cary Glickstein, Ironwood Properties, 277 Southeast Fifth Avenue, dated August 8, 2001; Mr. Dan Bums, dated August 8, 2001; and, Mr. Thomas L nch; 820 North Federal Highway, dated August ?, 200'1. Chairman Branning declared the public testimony closed. Chairman Branning asked the applicant if they wished to cross-examine staff. Mr. Agui[a replied na. Ghairman Branning asked star'F if they wished to cross-examine the applicant. Mr. Hoggard stated yes, and asked the following questions. • During the power point presentation, there were some changes made to thy; rear elevations up on the fifth floor, before if was to be stepped back 8', and now it shows 5'. I# looks like it is partially closed and partially opened. Mr. Agui[a explained the design of the fifth floor with the power point presentation, and stated that it was actually 8'. The height of the tower in the rear was called out on the exhibit as 57'6" and the plans depict 57+ 1 '/2' from the crown of the road, which 58'-fi", are you lowering the appurtenances? Mr. Aguila explained that this was recalculated and measured from. the crown of the road, and it is 57'fi". • Mr. Hoggard explained that the proposed Alexander Palms (15' - 16') in the rear of the building have been changed to Washingtonia Palms at 25' - 30' high. • Staff has concerns with the plain sections of the parapet and feels that additional architectural elements such as a parapet cap~ar metal mansard roof projections should be added. Mr. Aguila felt that the score lines were sufficient and adding an additional element would make it to busy, however he was willing to discuss it with the Board. The Berard made the following comments or asked the foilowing questions. Ms. Borchardt asked who reviews and approves the traffic study in the City? Also, if fine documents have been reviewed for this project Mr. Hoggard replied, the Planning Director, Mr. Paul Dorling. Based on the generation rates for the intersection, and the protect being within the TCEA, we do no# require a full traffic study. ~ ~ SPRAB Minutes B/8/01 '~'~: • Ms. -Borchardt inquired if the ramps for the handica acceptable or !f the are 'ust ste P parking spaces were Y 1 Aping that is required? Mr. Aguila replied that ramps are not acceptable, and that they are stepping. • Ms. Borchardt made the following comments: - She thanked the petitioner for the very good power point presen afiion. ~ The floor area ratio isn't required in the City of Delray Beach, however it is a very good planning tool, and felt it was pretty positive that it was reduced. • She believes in the urban concept, but was not sure she agreed with this concept along the beach front. • She thanked the architect for responding very, very strongly to the comments from Staff, as well as from ,the Board. Ms. Borchardt felt they had made some real positive changes to the project, however she felt that the density was too high for the beach front. Also, she was concerned with the visibility triangle. • Mr. 5neiderman commented tha# he was concerned with the following. • Density. - • Restaurant being added in the future, which would cause numerous problems aN over again. • The comer units on the four levels. Ms. Dowd commented that she feels that it is a fair- reques# to eliminate the four comer units, She was also concerned with the visibility triangle. Mr. Efiopoulos stated that he agreed with the other Board members comments, but wasn`t concerned with the visibility triangle; He felt that eliminating the restaurant was totally appropriate. Mr. Eliopoulos asked if the upper level could be tiered back? Mr. Currie stated that i# has been tiered back, the top floor is stepped back and the material has changed. Of course, we are reluctant tQ do it too much because these are our best rooms due to the square footage, luxurious rooms, and etc. Visually we did try to accomplish the tiered back appearance. • Chairman Branning asked Mr. Currie to address the concerns of their next door neighbor, Mr. Perry DonFrancisco, Boston's. Regarding the comer units being on the lo# i'rne, and if the site to the north were to develop and build up of equal height, and naturally _his concern was that you would object, and that a cavern would have been created. Obviously, we don't want that to occur. Mr. Currie stated that he felt it was very clear that we respect Mr. DonFrancisco's rights to do what the taw allows. We respect absolutely his right to build up against our hotel, if he wishes to do so. Now, if Mr. DonFrancisco wants to do exactly what we have done .and set it back to 8' and step it back, then everybody wins. If Mr. DonFraricisco chooses to close it up entirely, which is his right, we still are going to have a nice landscaped. courtyard with space between the two buildings. I would suggest, that frankly now, we don't have much to look at on the north side with the roof tops., air conditioners, and cross 12 SPRAB Minutes 8lB/Qi 1 ~: bars;'and a lot of those rooms are no# being used at all, so knock yourself out, go for it. But, we respect his right #o build and we would encourage it. Chairman Branning asked Mr. Currie if they would agree to a res#riction that runs with the land. Mr. Hoggard stated that the applicant needs to acknowledge on record that he would not oppose the redevelopment ofi the property to the north. Mr. Currie stated absolutely, assuming that Mr. DonFrancisco does something responsibly. if they put a 4l)', 5-story- solid wall {parking garage with no windows, I suspect that we would object. • Chairman Branning asked Mr. DonFrancisco what was it that yo+~ were requesting that the applicant provide by way of a deed restriction. Mr. DonFrancisco replied that he was concerned with the current design that if we both do this, which they would allow, but far from this they are blocking their own land, their own air and their own view. It had been suggested -at one time, that where they are proposing the northern upper four comer rooms that we both refrain from developing in this area anti! the setbacks and development has been agreed to between us. When we have both agreed to the same then we would have a deed restriction. This would give both of us an opportunity, but now this eliminates all future redevelopment, we have no options. Mr. DonFrancisco stated that he understands how important these rooms are for ocean visibility and I also understand how devastating it is when we are locked. in forever with what it is. Now, if we could make some agreement that is legally binding, when we redevelop, take the building down or ~go up beyond what our building is, we are opening this up fior them as well as for us. But, to do that this way now, it blocks not only our future, but their own rooms. Mr. DonFrancisco stated that he would consider working on an agreement because this is a positive for us up there. Boston's is our future and i respect what they are doing, but not for them to block everybody forever. I would hope they are listening to suggestions. Like it was suggested before to have a deed restrictions that runs. with the land, which stipulates tha# they don't go into that area, and when we go to develop tha# we are restricted from building so many feet from them in the front" - Mr. Currie stated that he didn't respect for when Mr. DonFrancisco-was going.to build in the future, and felt it was inappropriate. Let him design his own building. ff he in fact, built the exact same building we did, on his '! 00' wide iron#age, which is what ours is, and then in fact he has the opening. So let him do if that way or come up with another design. Mr. Currie didn't fieel they had tv resolve his problems because we are following the rules and the law. He felt that the hotel was a good project, and that they could not loose the rooms. If they loose these rooms, they cannot do the project and that is the end of it. Chairman Branning asked the applicant if they wished to make a closing argument. Mr. Fran Marieola and Mr. Jose Aguila sta#ed yes. Mr. Maricola commended the Board for what they do and for the amount of time they devote to the meetings, which is basically to be a good citizen. However, it irks ~~ SPPAB Minutes 8/8/Di me, stieres in my crawl, that Mr_ Oyer, Aitomey has stated that he represent a resident of this community, and there is no proof of that. His client, Mr. Donald Robinson is not on a deed in my briefcase, and Mr. Oyer has never brought any proof of his client that he is representing, and he has never met his client. I do not believe him. Don't worry about me, he can sue me if he wants too. Mr. Oyer has been to the three meetings, sworn in to testify and I don't care who his client is. Mr. Maricola continued that the other thing that botliers him is that what Mr. DonFrancisco said, which is that i# is okay if he builds on his property line, but you -can"t build on your property line. I would not go against anybody that is within the codes to build. Mr. Jose Aguila stated let me end this on a positive note, and as you can tell there is a lo# of emotion involved with this project. As you have heard tonight, we have given in on a lot of things to positively reac# to the issueslconcems that were raised at the previous meetings, Fortunately, we as professionals have a different responsibility, we have to support our comments wiifi •facts. We have made numerous changes in our hotel to make it a positive project. We have met the requirements of the LDR's and are consistent with the policies of the Comprehensive Plan. We feel this is a favorable project and should be approved. Mr. Harvey Oyer, Attorney wanted to response to Mr. Maricola's remarks because he felt that their creditability and integrity had been fully questioned. He stated that if the Board had any .questions, he would like to clear them up now. Chairman Branning asked the Board if they had any questions, and the Board responded no. Mr_ Oyer listed his credentials and stated that he has a certified letter from the trustee for the trust that holds all three of the properties on Salina Avenue. Chairman Branning asked if the certified letter could be entered into the record. Mr. Oyer replied yes. Chairman Branning asked Mr. Hoggard if he wished to make a closing argument. Mr. Hoggard stated yes, questions regarding the site visibility triangle. Mr. Hogga~rd explained that Salina Avenue is very slow moving traffic. The visibility triangle is for the exit lane, which is where the impact on the roadway would come from, about 20' in both directions, and the ~ 0' side is for the garage entrances. This is why we required the waiver. The visibility triangle for Ocean Boulevard is also reduced because the columns were in the way. You have visibility on each side of the columns as you are corning out. Again the visibility triangle from where you are in the vehicle, and the entrance lane, there is more than 20' on both sides. Plus., the pavement for A- 1-A is "12' to the east and you have even more visibility. Mr. Sneiderman inquired if the Board had the authority to stipulate "no foal service and no future food service". Mr. Hoggard stated that he didn't know, however to add food service at another time a site plan modification would have to be submitted. 14 SiaRAB Minutes 8JB10t The Board made the following comments during their deliberations and motions. ft was moved by Mr. Eliopoulos, seconded by Mr. Sneiderman and passed 5-0 to approve a waiver to LDR Section 4:6.9(D){3){c){1}. to reduce the required sacking distance for the Salina Avenue driveway entrance from 20' to 14' for Hotel Vista Del Mar. - -- - - - - - - - . - It was moved by Mr. Sneiderrnan, seconded by Ms. Dowd and to approve a waiver to LDR Section 4.6.14{A), to reduce the visibility triangle at the Salina Avenue drn-eway entrance from 20' to 10' and at the Ocean Boulevard driveway entrance from 20' to 8', based upon positive findings with LDR Section 2.4.7{B}(5) for Hote! Vista Del Mar. • Ms. Borchardt commented that because we have the waiver together for both Salina Avenue and Ocean Boulevard that she couldn't support the waiver. Ms. Borchardt did support the waiver for Salina Avenue, bu# was concerned to reducing this down to 8' on Ocean Boulevard. Upon roll call the Board voted as follows: Ms. Borchardt - No; Ms. Dowd -Yes; Mr. Sneiderman -Yes; Mr. Eliopoulos -Yes; Mr, Branning -Yes. Said motion passed with a 4-1 vote. It was moved by Ms. Dowd, seconded by Ms. Borchardt and passed 5-0 to approve a waiver to LDR Section 6.1.3{B}, to eliminate the required sidewalk along Salina Avenue for Hotel Vista Del Mar. It. was moved by Mr. Eliopoulos, seconded by Mr. Sneiderman to approve the Class V site plan for Hotel Vista Dei 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 Develaprner~t Regulations and policies of the Comprehensive Plan subject to the following conditions; 1. Address all Site Plan Technical Items and submit three (3) copies of the revised plans; 2. No loading or unloading of vehicles, except trash pickup, is permitted on Salina Avenue; 3. A valet queue is not permitted under the current design. Redesign of the front entrance area to provide tha necessary stacking and approval of fine site plan modifica#ion will be required prior to operating a valet queue at this location. 4. Alighting plan which details mitigation measures for aI[ light sources visible from the beach must be provided; and, ~. The trash~enclosure area must be deodorized and air-conditioned. 15 SPRAB Minutes 818107 ' e. , • Ms. Borchardt inquired if staff's recommendation that the comer unit on each level be eliminated should be a condition of approval. Mr. Hoggard stated that the discussion the Board had regarding their concerns would go on record, and it will also be noted as a potential prob[em. • Ms. Borchardt s#ated that she is. not inclined to vo#e 'in favor of this proposal and rt is not because of the design. _She thinks they have done a wonderful job. The site and the density are of concern to me, which continues to be. This is a very difficult decision, because from the first meeting to now there have been so many improvements to the site plan. • Mr. Sneiderman stated that the problem he has had all along with the project is that he feels they have dropped an intense building right into the middle of 100' x ?lot. They have responded to every issue the Board has had. and he believed they have responded positively. Mr. Sneiderman didn't object to the proposal. • Chairman Branning commented that he appreciated the architect's openness in responding to the comments of the public and our Board. This project has come a long way for the three times that it has been here, I think the building has been reduced from the maximum scale: He felt that the current single family residents on Salina Avenue that their view is blocked by the existing building, and feels the proposed hotel wil! be an improvement. The most difficult aspect of this project for me is the comer unit, and I understand Mr. ~ DonFrancisco's concerns. But, 1 do believe that as the architect has done by reconfguring and shifting things that they are able to make their project work. He also felt that the building next door could be designed so that it is attractive and functions as well. • Ms. Dowd commented that she does respect Mr. DonFrancisco's concern, and this could be a changing factor for her. With all the changes that the architect~has gone through that she respects them for down cutting the building for the surrounding residents. She had the mos# concern before regairding the residents on Salina Avenue and felt that the applicant had done his homework and brought that forth. Mr. Eliapoulos felt that the proposal has improved due to the comments of concemsrssues from the public and the Board. Upon roll call the Board voted as follows: Ms. Borchardt -Yes, Ms. Dowd -Yes; Mr. Sneiderman -Yes; Mr. Eliapouios -Yes; Mr. Branning -Yes. Said mo#ion passed with-a 5-0 vote. it was moved by Ms. Dow, seconded by Mr. Sneiderman and passed s-o to approve the landscape plan for Hvtel Vista Del Mar, based upon positive findings with respect to Section 4.6.ifi of the 1_and Development Regulafions subject to the following condi#ions: 1. Address all 1_aildscape Technical Items and submit three (3~ copies of the revised plans. Chairman Branning inquired if the height had to be added as a condition of approval. Mr. Hoggard stated no, the height correction of the tower is already on record. 1fi SPRAB MinuEes 8/8JD9 Mr. Efiopoulos asked the. applicant if they would consider adding architectural elements a# the ground level. The applican# agreed #o add score fines and banding. It was moved by Mr. Efiopoulos, seconded by Ms. Borchardt and passed 5-0 to 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. (RE~/lSED) That a parapet cap be added to the parapet, at the applican#'s discretion: 2. (NEWJ That additional score lines and banding details be applied at the ground level and to be approved by staff. Ill. MISCELLANEOUS B. Bru"s Room Snorts Grille; 35 NE 2"d Avenue: Class I Site Plan Modification; Brad Jones. Authorized Agent. The item before the Board is approval of a Class I site plan modification for Bru's Room Sports Grille.. ~~ Mr. Pape, Senior Planner presented the item to the Board through a review of the staff report. The development proposal consists of the installatjon of a light "dolphfn° teal shed style canvas awnings. The awning is to be installed over the northeast entrance to the establishment. This entrance contains and en#ry portico approximately 16' in height and extends 9' #rom the building. The proposed awning is seventeen feet-eight inches (1.7'-8°} in width, and will project five fee# (5"} from the building. The awning itself has a three foot frve inch (3'-5"} pitch and vrrill be suspended seven feet-six inches (7'-6") above the. existing sidewalk. The building has an existing projecting roof that runs along the front (east side) of the building. The awning will be installed a# the -same height as this roof: At its meeting of August 2, 2001 the PGMSDRC had reviewed the proposal and recommended approval subject to the conditions outlined in the staff report` Mr. Brad Jones of Janes Awning & Canvas, Inc.. stated that there are two tones 'of teal in the complex, one is a dark teal and the other is a Jade. Mr. Jones would prefer the' lighter color to match the color of the sign lettering. Further discussion' ensued regarding the proposed lighter #eal, and the Board agreed with the lighter teal. It was- moved by Mr. Efiopoulos, seconded by Mr. Sneiderman and passed 5-0 th approve the Class I Site Plan Modfication for Bru's Room Sports Grille, based upon positive ftndfngs with respect tQ Section 4.6.1$ of the Land Development Regulations, subject t4 the following condition: 1 T SPRAB NGnutes B/8~01 ^ ~' - ^ h_ ~ i , . _~' _ ~ft 8 ~ -~ i 1 s '~' t 1~ . a ~Y _.~~~ ~ _ _ .- _ .: - - - ~ - - ^ ~ -- ~i~~~ ~M r i t . R , kl' N ^ R 1 ~ ~ ~ ~~ ~ ~ ~ ^ ~ ~ .~ r ~ - a ~ •' ~. ^ Y S is ^ a~ ~~ ^ ~~ ~' ..i ~' I ~, .13 _~I i } i i 4 - . ~I r {~~ .. l W~~f ~ - -- - - - L ~ ~ 'l~rF ll~ -_ ^ ~ ~~. ~ ~ ^, ~. 1 i r~ i - _ R - - .1 I .: i J ~ ~i ~.. r,~ ^ ~ ~_ ~: ,^ ~., r ~ ' . i ~ _ ~ ' ~ ~~ ~~ i .-~ ~ . a w e ~ • i 41 i ~~ _ - - ~ ;~ I _ ~l K ~ it I x { ^ . ^ ^ ~'# ~ - r ~ ~ ^ M1: i ~ y ^ ^: 3 u ~ ~ . '~' ^ - i ~~ s K i .~ R k5 _ _ awl fl 1^ ~ r J :. ~: ~~ ~ F ~.,ri,% ~, i if i@ AC E] ._ ~ _ ~~~ r ~ ~ r ,a~ ~ ~ __ i ~ ~ ~ ~ ~~ ~~~ ~~ FILE NUMBerF: 2001-008SPF-SPR PETITION NAME: HOTEL VISTA DEL MAR A. City of Delray Beach Comprehensive Pian as Existed on 1D 2-01, B. City of Delray Beach Land Development Regulations as Existed on 102-01. C. City of Delray Beach Zoning District map as Existed on 10-2-01, D. Gity of Delray Beach Future Land Use Map as Existed on 10-2-01. ARE INCLUDED AS DOGUMENTS OF THE PROJECT F[LE ;-, .ITEM - . ~ . DATE ENTERED ~' fVUMBER ~ DESCRIPTION'OF ITEM ~ IN FILE `' ~; 1. Site plan application with reduced plans and colored elevation. 10-13-00 2. Memorandum from George Diaz to Janet Meeks. 10-25-00 3. TAC review checklist from Gerald VanGelder. ' 10-30-00 4. Memorandum from Nancy Davila to the Planning and Zening 10-31-00 Department. 5. Letter to Robert Gurre from Jasmin AIlen. 11-03-00 6. Memorandum from Barron Caronite to Jeff Castello. 11-09-00 7. Letter from Kevin Warner to Janet Meeks. 1.2-29-00 8. Revised site plan application. 2-23-01 3. Warranty Deed. 2-23-01 10. Certification letter. 2-23-01 11. Traffic statement. 2-23-01 12. Letter to Jose Aquila from Jasmin Allen. 3-20-01 13. Fax cover memorandum and revised TAC comments to Bob 3-2001 Currie. 14. Revised site plan application. 4-19-01 15. Revised reduced plans. 4-19-01 Page 7 FILE NUMBtK: 2001-008-SPF-SPR PETITION NAME: HOTEL VISTA DEL MAR fTEM .. - ~ . ~ ~ DATE ENTERED ~.. ~ . ~ OF ITEM ~~ .~ , . IN FILE' :, ~~: LNUMBER _ ~ - DESCRIPTION .. 16. Fax cover memorandum and revised TAC comments to Bob 5-11-01 Currie. 17. Letter to Ron Hoggard from Jose Aguila. 5-29w01 18. Colored elevations. 5-29-01 19. Caior sampieslfinishes schedule. 5-3D-01 20. [nternal stacking statement from Gerald Church. 6-1201 20.~a} Waiver reguest submitted by Jose Aguila. fi-13-01 21. Pictures of properties on Salina Avenue. fi-13-01 22. Special courtesy notice. 6-14-01 23. Letter from Beach Property Owners Association. fi-1501 24. Site Plan Review and Appearance Board's staff report. 6-15-01 25. Sketch of the relationship between the hotel and Boston's from fi-21-01 Perry Don Francisco. 2fi. Audio tapes of the Site Plan Review and Appearance Board's meeting of June 20, 2001. 27. Sketch with signed off on trash enclosure by BFI. 7-02-01 28. Special Courtesy Notices. 7-Ofi-01 29. Site Plan Review and Appearance Board's staff report for meeting 7-Ofi-01 of July 11, 2001. 30. Colored elevations and color samples schedule. 7-10-01 31. Faxed letter from Thomas Lynch to the Site Plan Review and 7-11-01 Appearance Board, dated July 11, 20Q1. 32. Letter from Harvey Oyer, Attorney to the Site Plan Review and 7-11-01 A earance Board, dated JuE 11, 2001. Page 2 FILE NUMBtrZ: 2001-008-SPF-SPR PETITION NAME: HOTEL VISTA DEL MAR --ITEM ~ ;: ;~ ; . DATE ENTERED ` ~ NUMBER '~: ~ f]ESCRIPTION OF ITEM _ ~ ` ~ :~ I1~!'Ff LE~.` ~~:' ~ •~ 3.3. Printed copy of Power Point presentation made by Jess Sowards 7-11-01 at meeting of July 11, 2001. 34. Three (3) pictures of trucks on Salina Avenue. 7-11-01 35. Audio tapes of the Site Pfan Review and Appearance Board's meeting of July 11, 2001. 3fi. Schedule of room sizes provided by architect for project. 8-01-01 37. Special courtesy notice. 8-03_01 38. Site Plan Review and Appearance Board's staff report for the 8-03-01 meeting of August 8, 2001. 39. Reduced colored elevations. 8-03-01 40. Minutes of the Site Plan Review and Appearance Board's meeting 8-08-01 of June 20, 2001. 41. Minutes of the Site Plan Review and Appearance Board's meeting $-09-01 of July 11, 2001. 42. Letter from Cary Gliclcstein, President of Ironwood Properties, inc. 8-09-01 to Jeffrey Costello, dated August 8, 2001. 43. Memorandum from Dan Bums to the Site Plan Review and 8-09-01 Appearance Board, dated August 8, 2001. 44. Letter from Thomas Lynch to the Site Plan Review and 9-09-01 Appearance Board, dated August 7, 2001. 45. Printed copy of Power Point presentation made by Jose Aguila at 8-09-01 the August 8, 2001, Site Plan Review and Appearance Board meeting. 4fi. Letter from Marion V, Cousins to the Site Plan Review and $-09-01 Appearance Board, dated August 8, 2001. 47. Letter from New Monmouth Condominium Association to the Site 8-09-01 Plan Review and Appearance- Board, dated Auc#ust fi, 2001. Page 3 FILE NUMB~ri: 2007-008-SPF-SPR PETITION NAME: HOTEL VISTA DEL MAR .ITEM -' '.. _ DATE ENTERED; NUMBER , ,',. ~ ~~ ' DESCRIPTION OF ITEM ~~'~ ~. ~, .:.. IN FILE ~.:; 48. Letter from Hank Lenga, President ~ of the Williamsburg 8-09-01 Condominium Association, dated August 7, 2001. 49. Acknowledgement of Trustee signed by Joseph F. Keeiey, dated 8-09-01 April 17, 2001. Page 4 ..' F ~',~ All-Amaical~ . 1 ~ ~' CITY OF DELRAY BEACH 1993 5ITE PLAN REVIEV~ AND APPEARANCE ~ ~ B OARD ~. SITE-~, P~•AN:k~~~APPLICATION INSTRUCTIONS FOR CG~PLETING AI'v11i5 1=1LiivG THE SITE PLAN APPLICATION Applications far site plan approval may be submitted to the Planning and Zoning Department at any time between the hours of 8:04 a.m. and 5:00 p_m_, Monday thru Friday. Please print artype aEl of the required information, and .ensure that the application is complete and accurate. In order to be accepted for processing, the application must be accompanied by: 1. Standard Application items, as listed on Page 8; 2. Three (3) copies of a Traffic Study or Traffic Sta#ement as appiiaable; 3. A Site Plan Review and Appearance Board Application for architecteJral elevations and color changes; ~. An architectural elevation plan, in color (if applicable); 5. Eight ($) copies of each of the following plans, in collated, stapled -and folded sets: a) Site plan b) Landscape plan c) Preliminary engineering plan d) Building elevations and floor plans e) Survey 6. Processing fee, as applicable jThe processing fee for the categories of site plan reviews are $440.40* fvr a Class Ill modification, $754.00* for a Class IV madifcation and $1,044.00* for a Class V new submission]. Make checks payable to the City of Delray Beach; and, 7. Other information may be requested, if required. All plans (except building elevations and floor plans) must be drawn at the same scale. New site plans (Class V), and site plan modifications (Class ill and Class IV} [see page ~ 1 for description of these site plan review categories], are reviewed by the Site Plan Review and Appearance Board (SPRAB), which meets every tither Wednesday. It takes approximately free (5) to seven (7}weeks between submission of the application and action by SPRAB. This time may vary, depending upon the number of comments made by staff, and the time required by the applicant to submit revisions. Please refer to the appropriate sections of the City's Land Development Regulations when designing your project and completing this application. A nre-application conference with a member ofthe Planning staff is strongly recommended and can be scheduled at your convenience. We will be glad to assist you in any way possible. In order to be accepted, plans must be prepared, signed, and sealed by the appropriate professional as listed below: • Site Plan -Registered Architect, Landscape Architect, or Registered Engineer • Landscape Plan -Registered Landscape Architect • Engineering Plans -Registered Engineer • Survey -Registered Engineer or Licensed Surveyor *For parcels over 3 acres, an addifional fee of $100 per acre beginning at 3.09 acres, and any fraction thereof, up fo a maximum of $3,OOt7 perpro~®ct 11197 :~ l-'; adD ~ - o~ GITY OF DELRAY BEACH PLANNING AND ZON[NG DEPARTMENT APPLICATION FOR SITE PLAN APPROVAL Project Name: Hotel Vista Del Mar Address or Genera! Location: 64 S. Ocean Blvd (State Road A1A) Delray Beach, Florida 33483 Brief Description of Project: 104 room residence hotel {2) restaurants ttatalii~g 4,769 sq. ft. Lower level 110 car automated 2 level parking garage with full valet service PART DNE -APPLICANT INFQRMATfON: APPLICANT Name: Address: Telephone Number: AGENT Name: Address: Telephone Number: OWNER lit other than applicant) Name: Address: Rosa Hotel Developers, Enc. (c/o Fran Marincola) 34 S. ocean Blvd., Apartment #A-1 Delray Beach, Florida 33483 274-8896 Robert G. Currie Partnership 134 N. E. 1~ Avenue Delray Beach, Florida 33483 276-4951 Same as applicant Telephone Number. ~. PART TWO - PROPERTY iNFORMATiON: Property Control Number: 12-4346-18-28-001-0060 Legal Description: SEE ATTACHED SURVEY Zoning District: CBD Future Land Use Map Designation: C.C. Size of Properly: 17,923 sq.S#. .411 acres 100' widti7 173.331186.14 depth 100.63' frontage Exis#ing Use of Property: Motel PART THREE - PRO.~ECT~INFORMATION: Describe in detail the proposed project and indicate if there is to be any phasing of the improvements: Demolition of current motel and construction of a new '104 room. residence hotel with two (2) restaurants and vaie# parking in lower lever for 1'10 cars (2 level automated system). .'~Y1 PROJECT DATA The following information~must be provided in the spaces below; and must be shown on the Site Plan. Ground floor area: 1 Q.731 sq. ft. 59.9% of site Total floor area: 75,929 sq. ft. 423.fi% of site Parkinglpaved area: 5,185 sq. ft. 28.9% of site Open (landscaped) space: 2,DD7 sq. ft. 11.2% of site Water bodies: none sq. ft. D% of site Number of residential hotel dwelling units; 1D4 Dwelling units per acre: 268 Number of Units Size Hotel 104 +/-35p sq, ft, Efficiency sq. ft. 1 Bedroom sq. ft. 2 Bedroom ~ sq, ft. 3 Bedroom sq. ft. 4 Bedroom sq. ft. Parking spaces required pursuant to LDR Section 4.8.9: IRClude all use areas (Example: For an automobile dealership state shawroorn, office and service bays t~se areas} Use Hotel :Calculated at .7 spaces per unit = 72.8 Use Restaurant. :Calculated at 6 spaces per 1000 = 28.6 Use Office : Calculated at 1 spaces per 300 - 2.2 Use :Calculated at spaces per TOTAL = 103.6 or 704 Parking spaces provided: Regular 108 Compact 12 Handicapped TOTAL: 120 (~ 00% valet parking) Building data provided pursuant to LDR Section 4.3.4{Kj, Development Standards Matrix; Setbacks: Front: 5 ft. Rear: 0 ft. interior north side: 0 ft. Street side: 5 ft. i nterior south side: 10 ft. Height: 48 ft. Floors: 5 :~ 'r' NOTIFICATION OF UTILITY PROVIDERS~`~ Dear SirlMadam: The City of Delray Beach has received an application for development approval as described below: Owner/Applicant Rosa Hotel Developers, Inc. Project Name Hotel Vista Del Mar Project AddresslLocation 64 S. Ocean Boulevard Delray Beach, Florida 33483 Proposed Improvements '104 roam Residence Hotel and 2 restaurants A cagy of the proposed site plan is attached. Please review the attached plan and provide the requested information. This sheet should be returned to: City of Delray .Beach Planning & Zoning Department ~ DD N.W. ~ st Avenue Delray Beach, FL 33444 at your ear#iest possible convenience. Will the proposed development affect existing utility service? Yes No Wil) the proposed development require extension of existing utility service? Yes No Comments: Utility Provider Representative's Name and Title Signature Date 1i ..~ OWNER`S CQNSENT & DESIGNATION OF AGENCY (This form must be completed by ALL proper#y owners) I, Eugenia Kerstin, Trustee, the fee simple owner of the following described propertyr: Fats fi, 7, 8, 9, and ~Q, Block 'i, Ocean Park, less SR A1A RNV and the West 2'8"' hereby petition to the City of Delray Beach for site plan approval for Hotel Vista Del Mar and affirm that Rosa Hotel Developers. 1nc.IFran Marincola and Robert G. Currie Partnership are hereby designated to act as agent on my behalf to accomplish the above. ~ certify that 1 have examined the application and that all statements and diagrams submitted are true and accurate to the best of my knowledge. Further, I understand that this application, attachments and fees become part of the Official Records of the City of Delray Beach, Fiarida, and are not returnable. Eugeni~erstin, Trustee The foregoing instrument was ackno 's rd day of October, 2QQ0 by Eugenia Kerstin, who is personally known to me r has produced as i en i Ica io an w o did (did not) take an oath. TEiQMAS .!. WOOLLEY~ 1r- (Printed Name of Notary Publicy Commission # , My Commission Expires t~rr,~ ~OIDftB J. W04~ (NOTARY'S SEALS "~ ~. fir. _ 's ~+mm~e~aa ~ CG ~594~2A _ ~' Wires lam. 24,Z ~% $onded Thru 004 ~' - +` , Af]~ntie Soadint Cb., Ioe `~ }. Standard Application items ~ -- ~LDR Section 2.4.3(A} 1. A copy of the latest recorded warranty deed, and a certificate from an attorney or ti#le company (not title insurance) certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein. . 2. The written consent of the owners} must be provided in a certified form. When an application is executed on behalf of a corporation or business entity, documentation must be provided which demonstrates that the corporation's representative is authorized to act on behalf of the corporation. These forms are available from the Planning Department. 3. A vicinity map which clearly shows the subject property, adjacent properties, and their relationship to streets located within one-half mile of the property. 4. A survey (8 copies} which shows the property described pursuant to the legal description contained in the warranty deed. Such survey shall show all improvements on the property anal must be certified as reflecting conditions on the site as they existed within six (6) months priorto the fling of the application, 5. Application filing fee, pursuant to LDR Section 2.4.3(K}{ ~ ). Standard Plan items LDR Section 2.4.3(6) fn addition to the infarmatian included in the Project Data Sheet, the fallowing items must be included an the site plan: 1. Title Block showing project name, engineering scale, date, page number, name of preparer. 2. North arrow and location map insert. 3. Site boundaries per the legal description. 4. Center line of right-of way of any adjacent street, and location of any improvements between the property and the adjacent stree#s. 5. Approximate location of lot lines of adjacent properties, structures, and improvements. 6. Location of nearest driveway or point of access to adjacent properties (including any that are across a street), if within 50 ft. of subject property. If Wane, indicate on plan. 7. Approximate location of all utilities on the site. 8. I_oca#ion of other significant features such as water bodies, trees and vegetation (tree survey may be required). **Items 7 and 8 may be-shown on a survey sheet, and then only the utilities or features which are to be incorporated into the development need be included on the site plan. 9. Location of all proposed structures with setbacks dimensioned from the closest property line. 10.lntended use of each .structure. - ,•~ •~;:, 11.Ingress and egress for vehicles and pedestrians, traffic flow ir.~~'licated with arrows, pavement markings, traffic control devices. 12.Location of parking areas, loading zones, landscape islands, and traffic aisles. In addition, a detail showing parking space striping, space sizing, wheel stops and handicap accessibility features such as ramps. 13.Manner in which utilities are to be provided to the structures. 14. Location of buffers, fencing, walls. 15.Location of signs with heights and dimensions. 16. Lighting details, including location, height, and coverage of fixtures. 17.Loca#ion and description of solid waste disposal and recycling facilities; including height of enclosures and type of ga#ing to be used. 18.Spot elevations, existing and proposed. 19.Finished floor elevations of all structures. 2p.Type of building construction and occupancy ciassifrcation pursuant to the Standard Building Code. 21.Deta'tls on project phasing, if applicable. 22.Signature and seal of preparer. Landscape Plan LDR Section 2.4.3(C) The fopowing information must be included on the landscape plan: See SHEET LA4 1. Title Block showing project name, engineering scale,. date, page number, name of preparer. 2. Existing and proposed parking spaces, vehicular use areas, access aisles, sidewalks, building locations and similar fea#ures. 3. Statement of intent as to method and coverage of irrigation. 4. Name and location of plant material to be installed or preserved. 5. Legend including botanical and common names, height, spread, and spacing of all plant material. 6. Location of all landscape features and preserve areas in context with existing an proposed buildings and improvements. 7. Tabulation which includes all relevant statistical information including but not limited to the following: a} Total paved area = sq.ft. b) Required interior green space = sq.ft (10% of total paved area). c} Interior green space provided = sq.ft. d) Total number of trees required w sq.ft. (~ interior tree is required for each 72~ sq.ft. of required interior green space.) e} Number of interior trees provided = trees. f} Perimeter green space required = sq.ft. (depth of buffers x length) g) Perimeter green space provided = sq.ft. h) Number of perimeter trees required = trees. (One perimeter tree is required fnr each 3D Eineai feet) i) Number of perimeter trees provided = trees. .;' ~ -' j) XERISCAPE CALCULATIONS k) Required shrubs and ground covers = sq.ft. (3Q% of required interior and perimeter green space, see b and fS !} Shrubs and ground cover provided = sq.ft. ' m} Required native plant materials = sq.ft. (25% of required shrubs and ground cover, see j) n} Native plan# materials provided = (Note Landscape Plan) o} Number of native trees required = trees (so% of required trees, see d and. h) p) Native trees provided = trees. 8. Location of outdoor fighting. 9. Location of refuse areas and method of screening. 1 g. Locatier~ of utility easen~lerts and o verhead lines. 11. Location of signs. 12. Demonstrate that the proposed landscaping is consistent with existing vegetation preserved on site. 13. Re aired Mana ement Plan: For all areas of preserved plant communities larger than one- half ('[/2) acre in area, the owner shall submit a narrative management plan indicating the manner in which the native plant communities will be preserved. The narrative shall include: a}. Whether or not the existing vegetation is to be preserved in the existing species composition. b) !f applicable, the manner in which the composition of existing plant material is to be Preserved, hand removal of invasive species, prescribed burning, etc. c} Maintenance schedule for removal of exotics. d} Maintenance schedule for removal of debris. 14. Signature and seal of preparer. Preliminary Englneeriin~ Plan LDR 5ectian 2.4.3(D} Preliminary engineering plans shall be drawn an a topographic base (unless the use of spot elevations are previously approved by the City Engineer} with topographic features extended to ten feet (10'} beyond the site. The following information must be included an the Preliminary Engineering Plan: 1. Title Block showing project name, scale, date, page number, name of preparer. 2. Approximate location as shown in records of Delray Beach andlor field observations of all existing water, sewer, and drainage facilities, along with streets, sidewalks, and above ground improvements which provide service to and on the site. Notes shalt state the disposition of all existing facilities including service lines, meters, etc. 3. Proposed location, sizing and design basis of water, sewer, fire suppression, and drainage facilities which are to serve the site including pertinent calculations and the method of providing service to the proposed structures. 4. Location of proposed street lights. b. Surface water management calculations indicating the proposed system's ability to meet storm water quality and quantity requirements 9n accordance with L.W.D.D. and S.F.W.M.D~ Regulations. 6. Signature and seal of preparer. ~., Architectural Elevations LDR Section 2.4.3(G} The following information must be included on the architectural elevation plan: 1. Title Block showing project name, scale (architectural scale is permitted), date, page number, name of preparer. . 2. All four (4) elevations (north, east, south and west), of the proposed structure(s) or the elevation which is being modified when an existing structure is involved. 3. Dimension ail elevations including height measurements. 4. All architectural features of the structures, the type of exterior surfaces and exterior color. 5. The location of air conditioning and other mechanical equipment and methods of proposed screening. 6. The location of air conditioning equipment and other features depicted on a roof plan. SITE PI:.AN REVIEW CATEGORIES CLASS !!1 A modification to the site plan which represents either a change in intensify of use, or which affects the spatial relationship among improvements on the land, regpiring partial review of Pertormance Standards found in Section 3.1. ~ . CLASS lV A modification to a site plan which represents either a significant change in the intensity of use or significant changes which affect the spatial relationship among improvements on the land, requiring full review of Perforrnance.Standards found in Section 3.'1.1. CLASS V New application for development of vacant land, or modification of a developed property when no valid site plan of record exists and which requires full review of Performance Standards found in Section 3.1.x. p t ~ -~ ~• ~ ~ d i~ ~ ~ i ~ # e ~~ ~~ ~~ rn ~ I LLL ffF ~ ~l~I~ ~~~ ~~~~ M~lMr . ~~ ~~ ~: ~~ ~~ w~ •Ee ~~ .~~ ~~ leis !1!# ~ ~R ~~~ ~ ~ ~~ ~ =g~ ~ - e ~ a '~ ~ J ~ ~ ~• _~ s ~ :r ._ .. s ~ ~ ~ ~ ~ r i Z ~~ ~k~ [~ II~~J. I~~~ ~L ~~~ ..,,,. ~~~ r: ~':+~ ~l, ~Yyr~`~~ .. .- ~ ~ ~ ~ "' i f~~~ _ - aOaCe X-iF.K +~r ~ ~ . ~ • M ~ ~~ ~ ; '~ 1 ~ ~~~~ - ~~ ii ~~ t • ~ • i „ ti w L • ^ r ~~ i ~~~ ~ -~=eiTey t ~~ !tY aeF ~ ~~~ ~t r . ~ -~ _. ~~ ~ ~ Q f~ -~ ~ ~~~ ~. ~ ~ > O 1, ~~ u ~~~ w f: _[ ~ a. ~ ¢ ~~~~ ~A~ _. s... ti ~'~~~~~ ~ ~ s ~~ _ ~ ~ ~ Ne a ~~~ r ~ ' ~~ ~~~~ ~ ~.~ . ~:.~-~ .~:i. ~~~ ~~ ~#' ~~~ ~ Lr~ ~ ~ i '~F ~ ~ ~~ ~~ ~~ ~~~ ~~# ~~ ~~ ~~~ ~ . t. !~ ~ ~ ~~ err:~r t •rir r ~~ ~ r~ mss: r i~ ~ ~ .,.W~.:;.m.. ~~' ~~~~. ~_ ~ ^~ MEMORANDUM TO: JANET MEEICS, $El~l OR PLANNER FROM: GEORGE Z ll PUTY BUTLDTNG OFI'ICIAL. SU"S,]ECT: HOTEL VISTA L MAR D A TE: 70/25 0 /0 +' { ~.. 1l. (( rrII 1 ~~~ / 11'i.4lll1~ !~- Nl.iv +L, 3:1.U a : -~1~~ \J 11\ ~.a ~L~a A ~Jla The plans have been reviewed foz minimum technical cornpliance with Standard Building Codes and Delray Beach L.D.R requirements. 1. Building height and area. ?. Grade elevations. 3. Separation distance from eaistixxg pzoperty lines. 4. Type o.f construction. 5. File protection requirements. G. Means of egress calculations (travel distance and required exits). 7. Drainage calculations. The above represents the rn;nimu~ specifccations requured foz technical review. Specific materials, method of construction ax other data znay he required prior to construction. r DELRAY BEACI~ FIRE DEPARTMENT TAC Project Review Checkiist l . Project Name: Vista Del Mar . 2. Location: 64 S. Ocean Blvd. 3. Are fire flaw calculations provided? Y N ~ NA Is adequate fire flaw for the size and type of development available? Y N NA Comments: 4. Are dead end streets ar col-de-sacs included an the site plan? If so, is adequate access to buildings, tom around radii, etc. provided? Y N NA ~ Comments: 5. Fiore Hydrants: Is 500 `maximum spacing provided in single family or duplex areas? Z' N NA ~ Multi-family, 2 stories or less 400' maximum? Y N NA iviulti-family, 3 or more stories, 300' maximum? Y ~ N NA Commercial or Industria1300' maximum? Y N NA ~ Are hydrants provided on both sides of the road? Y N ~ NA No obstructions within 5' of the hydrant? Y ~ N NA ~~ 5 _- ; ,1 Will the proposed development have an adverse effect on the Fire 'Department's ability fo provide service? Y N ~ NA Comment 7. Other comments: l . The entire structure shall be provided with an automatic sprinkler system,. including the underground parking ga~.ge. 2. Where do the stairs in the SE corner the parking go to? 3. Additional comments will be forthcoming with the submittal of drawings for building permit. $. Afire suppression system is required to be installed? Yes ~ No 9. Afire alarm system is required to be installed? Yes ~ No NOTE: IF A BUILDINGISTRUCTURE REQUIRES A FIRE SUPPRESSION/FIRE ALARM SYSTEM, THE DE5YGN SID DRAWINGS FOR THESE TYPE SYSTEMS SHALL BE SUBMITTED WITH THE DRAWINGS FOR THE BUILDING PERMIT. TffiS REQUIREMENT IS PER FLORIDA STATUES 553.79(2), 553.79 {G)(C) AND 633.55X. Review completed by: Signature:.~Gerald Van Gelder Date: October 30, 2040 ;',,:.;; ~•.. MEMORAND V lri - To: Planning & Zoning Department From: Robert A. Kussner, Landscape Inspector Via: Nancy Davila, Horticulturist Re: HOTEL VISTA, DEL IVIAR Date: October 31, 2004 1. The applicant shall provide a tree survey. There aze a number of Coconut palms and other plant species that should be saved. If there is no room on site far a holding .area then the applicant sha11 provide an off-site location during the period of construction. 2. Some of the proposed Coconut trees appeaz to be located beneath the building overhang and in the vacinity of overhead power lines. The utilities and any site lighting should be shown on the Landscape plant to avoid any potential conflict. 3. The applicant shall provide landscape calculations, using. the standard form that can be obtained from the Buildiuag Department. 4. There is Daily a small area of sod proposed on the entire site. It would be suggested that the applicant install ground cover instead of sod along the south side of the building. This would reduce maintenance and wave a better chance of survival. a~nrc: U:lk~essgerlwwdatalhotelcfstadelmar.doe ~' r .. ' R„ tIT4 OF UELR114 BEiI[H DELRAY BEACH 100 N.W. ist QvENUE • DELFtQY BEACH, FLORIDA 33444 • 5B1 f243-7600 All-AmerigGity November 3, 2Q1]D 1993 Robert G. Currie '134 NE 1St Avenue Delray Beach, FL 33483 Re: Hotel Vesta Del Mar - Site Plan [Class V) Application Dear Bob: The purpose of this iei#er is to provide comments with respect to the sufficiency of the applica#ion for Hotel Vista Del Mar. As you are aware the application has not been formal}y accepted fnr processing and has been p}aced on hold pending the outcome of the LDR amendment dealing with the tandem parfcing arrangement. The request to amend the Land Developmenfi Regulations must be accompanied by a processing fee of $5Q0 and a formal letter of request which addresses the following: (i) references the subject section and provides a rationale for the requested change; (ii) draft proposed ordinance including language to be amended; and, (iii} analysis of the amendment a.nd potential impacts including supporting documentation such as exhibits, graphs and similar ordinances from other municipalities. Wtth respect to the sufficiency of the site plan application the roliowing submission deficiencies were identified: ^ A traffic study must be provided which addresses the total .number of trips and analyses the queuing distances proposed from A-1-A. ^ Engineering plans prepared by a registered engineer drawn at the same scale as the site plan. ^ Landscape plan must be prepared by a registered landscape architect. The LDRs require that the site, }andscape and engineering plans b© prepared at the same scale. White the 118" = 1 ` scale may be utilized, provide a master landscape plan drawn at the same scale as site p}an. 5 f'rfrlreaon fse~vafe`+Pnn~ .. . J ,'~ To: Robert G. Curve Re: Hotel Vista Del Mar- Site Plan (Class V) Application Page 2 ^ Photometric plan. ^ Please pravide roof topfpool area plans. Also pravide typical details of each type of hotel roam giving dimensions and square footages. ^ The site plan Eaclcs dimensions with respect to the driveways and drop-off areas. Pursuant to your discussions with staff the revised plans need to indicate access to the garage via Ocean Boulevard and must address vehicle stacking. ^ In order to provide the utility providers an opportunity to review the development proposal please transmit to the utility providers a copy of the site plan along with the revised Notification of Request form. {Note: the farm has been revised to include the name of company representatives and mailing address}. ^ Complete the attached Site Plan Review and Appearance Board Architectural Elevation application with the provision of color samples. ^ With respect to the standard submission requirements please provide a copy of the last recorded warranty deed and a tide certificate from an attorney-at-law or title company certifying the current fee simple owner of record. Staff will review the proposa! as presented and generate preliminary comments which should be incorporated with the changes for the access point from Ocean Boulevard. Queries regarding the petition should be directed to Janet Meeks, project planner at 243-7D40. Sincerely, ~~~ asmir~ Allen Planner c: Pau[ Darling, Acting Planning Director Janet Meeics, Senior Planner Project File. . ,~ City Of Delray .Beach Department of Environmental Services T A C C O M M E N T S TO: Jeff Costello, Principal Planner u FROM: Barron E. Caronite, PE, Assistant City Engineer DATE: No~embefr ~, 2000 PROJECT: Hotel Vista Del Mar ACTION: Site Plan The subject application and plans have been reviewed for minimum technical compliance with the City of Defray Beach Land Development Regulations. Receipt of Site Plan Approval does not imply that the applicant has submitted a eomp[ete set of construction drawings nor fulfilled all the conditions of Site Plan Approval. All technical compliance comments must be addressed prior to issuance of a construction permit. Due to the preliminary nature of the information provided for minimum technical compliance, additional comments may be generated upon submission of construction documents to the building department. ' ~' - Technical Comments: 1. Provide engineering plan addressing water and sewer service, as welt as, paving grading and drainage for the subject project. ~L~,I~S~~t4:,,- ~ 4~1r~~~1~7t file: saengadmiNtaclhotel vista del marlreview01.doc Printed: 1918100 fizge f of 1 Sent by Kevin Warner, TEL 661-266-8810 on 29 Deo 2~0 at 0Z:28pn ., ,:.~ Via Marina Homeowners Association X48 Venetian Drive. Delray Beach DATE: December 29; 2000 TO: Janet Meeks FROM: Kevin blamer, President RE: Hotel Vista Del Mar (proposed for existing Bermuda Inn property) My request to you seems to have slipped through the holiday cracks; no matter. It may be easier fnr you to respond to this fax rather than phoneme. If my understanding of procedure is correct; the owner of a property for which plans are submitted to P&Z is identified on the plans. Flease let me know who is identified as the owl~er of the proposed Hotel Vista Del Mar. You can hand write the information of this fax and return to me at fax 266-7369, OR Phone me at 2C6-88I0 and speak with me or leave a .message on my machine; your choice Janet. Regards, ~_ Gl L 4 L .J G.~~J s -.fiii.i4i .. ~.A ._~.~~t.li~t: ~- DELR4Y BEACH A~Aplpflgl~l~ `~ ~ ~ CITY OF DELRAY BEACH. 1993 SITE PLAN REVIEW AND APPEARANCE BOARD `SITE PLAN APPLICATION INSTRUCTIONS FOR COMPLETING AND FILfNG THE SITE PLAN APPLICATION Applications for site plan approval may be submitted to the Planning and Zoning Department at any time between the hours of 8:00 a.m. and 5:00 p.m., Mondaythru Friday, Please print ortype aEl of the required information, and ensure that the application is complete and accurate. In order to be accepted for processing, the application must be accompanied by: 1. Standard Application Items, as listed on Page 8; 2. Three {3) copies of a Traffic Study ar Traffic Statement as applicable; 3. A Site Plan Review and Appearance Board Application for architectural elevations and color changes;. 4. An architectural elevation plan, in color (if applicable}; 5. Eight (8} copies of each of the following plans, in collated, stapled and folded sets: a} Site plan b) Landscape plan c} Preliminary engineering plan d) Building elevations and floorplans e} Survey 6. Processing fee, as applicable [The processing fee #or the categories of site plan reviews are- $400.00* for a Class lil modifiication, $750.00* for a Class IV modification and $1,000.(30"" for a Class V new submission). Make checks payable to the City of Delray Beach; and, 7. Other information may be requested, if required. All plans (except building elevations and floor plans) must be drawn at the same scale. Newsite plans (Class V}, and site plan modifications {Class Ill and Class fV} [see page 11 fordescription of these site plan review categories], are reviewed by the Site Plan Review and Appearance Board (SPRAB), which meets every other Wednesday. It takes approximately fve {5} to seven (7}weeks between submission of the application and action by SPRAB. This time may vary, depending upon the number of comments made by staff; and the time required by the applicant to submit revisions. Please referto the appropriate sections a#the City`s Land Development Regulations when designing your project and completing this application. Apre-application conference with a member of the Planning staff is strongly recommended, and can be scheduled at your convenience. We will be glad to assist you in any way passible. In order to be accepted, plans must be prepared, signed, and sealed by the appropriate professional as fisted below: • Site Plan -Registered Architect, Landscape Architect, or Registered Engineer - Landscape Plan ;Registered Landscape Architect • Engineering Plans -Registered Engineer • Survey -Registered Engineer or Licensed Surveyor *For parcels over 3 acres, an adelitional fee of $100 per acre beginning at 3.09 acres, acrd any fraction fhereof, up to a maximum of $3,000 per project. 11197 1 '~ CITY OF DELRAY BEAGH PLANNING AND ZONING DEPARTMENT APPLICATION FOR SITE PLAN APPROVAL Project Name: Hotel Vista Def Mar Address or General Location: 300' South of Atlantic Avenue on Ocean Boulevard Brief Description of Froject: 5-story Hntel PART ONE - APPLICANT WFORMATION: APPLICANT Name: Louis Capano Address: clo Robert G. Currie Partnership Telephone Number: AGENT Name: Address: Telephone Number: OWNER fif other than aePlicant} Name: Address: Telephone Number: 134 N. E. 1 ~t Avenue Delray Beach, FL 33444 27fi-4951 Robert G. Currie Partnership 134 N. E. 1 gt Avenue Delray Beach, FL 33444 276-4951 Eugenia Kerstin, Trustee clo Robert G. Currie Partnership 134 N. E. 1 ~ Avenue Defray Beach, FL 33444 276-4951 '~~ =, PART TWO -PROPERTY INFORMATION: Property Control Number: 12-43-46-16-28-00~-006D Lega[ Description: . Lat 6, 7, 8, 9 and 10, Block 1, Ocean Park, According to the Plat thereof, Recorded in Plat Book 5, Page 15 of the Public Records of Palm Beach County, Florida. Zoning District: CBD Future Land Use Map Designation: CC Size of Property: 17,953 sq.ft. .412 acres +1-100` width +1-185' depth 100.63' frontage Existing Use of Property: Two-story motel with pool. .; 1 ~'~ PART THREE -PROJECT INFORMATION; Describe in detail the proposed project and indicate if there is to be any phasing of the improvements: The projected luxury hotel design shall house 71 suites in a new fiive story building (48' high to roof deck}. Additional facilities to be provided are 3 small service rooms, a private gy~iilspa and ~~.:op swin•}ming pool. A restaurant of some 1,33 sq. ft. is planned for the first floor and open for dinner only. The project shall have on-site parking for 64 cars (valet only} including 3 handicap locations, one of which does not require valet parking. All are located under the building and stacked double high, one lane on the south side only. We are presently submitting for CF zoning on an 8T x 100' property on the west side of Salina Avenue in order to provide public parking. ,~ .....~ PROJECT DATA If new improvements on the site or changes to existing improvements are proposed the following data must be provided below and must be shown on the Sketch Plan. Ground floor area: ~ 3,402 sq.ft. 18.95 % of site Total floor area: 48,777 sq.ft. Parkinglpaved area: 12,726 sq.ft. 70.89 % of site Qpen (landscaped) space: 1,825 sq_ft. .042 % of site Water bodies: None sa, ft. None % of site Number of residential dwelling units: NIA Dwelling units per acre: Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Number of Units Size sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. Parking spaces required pursuant to LDR Section 4.fi.9: {Example: For a gasoline station state number of service bays or lifts and non-repair gross floor area). Use :Calculated at spaces per Use :Calculated at spaces per Use :Calculated at spaces per Use :Calculated at spaces per Parking spaces provided: Regular 57 Compact Handicapped 3 TOTAL; 60 TOTAL = Building data provided pursuant to LDR Section 4.3.4~K~, Development Standards Matrix: Setbacks: Front: 5' ft. Rear: 0' ft. Interior side: 10' ft. Street side: 0' ft. Height: ~ 48' fit. Flovrs: 6 02/'14!2001 15:39 551278690,5,, { LIS~ICK & KRALL form must be completed by ALL property owners) PAGE 02 1, Eugenia Kerstin Trustee, the fee simple owner of the followin described property: Lot 6, 7, B, 9 end ~ b, Black 1, Ocean Park, According #o the Platt erevf, Recorded in Plat Boost 5, Rage 1~ C~ the Public Records of Paim Beach Cvunty, ~larida. hereby petition to the City of Delray Beach for conditional use a provallmodificativn fvr Hotel Vista Del Mar and affirm that rRvbert G. Currie Partnership; I c. is hereby designated to act as agent an~my behalf to accomplish the above. I certify that I have examined the application and that all statem nts and diagrams submitted are trua~and accurate to the best of my knowledge. F rthar, I understand that 1 tills application, attachments and fees become part of the Offici ~I Records of the City of Delray Beach., Flo~'ida, and are not returnable. ~, (Owrrer' gnature} The foregoing instrument was acknauiledged before me this ~ ~- 'J ~ ,day of February, 2007 by Eugenia Kerstin, who is personally known tv a ar has produced as identification and t~vhv did take an oath. (Printed Name of Notary ~ubFic) {Signature ti Notary Public) Commission # .,~~ ._,,,~, My Commission Expires I (NQTAR'Y'S SEAL) ,~,"'~~" ., Tt~amas J. Wootley, Jr. * ~ ~-Commission ~` QO 894E Expira~e Jan. ?.4, ZQQ4 ~a®a `' ` ALlentio $oadirig Co-, Inc. 'au~+~ ~~' ~ 1 NQTIFICATION 4F UTILITY PROVIDERS Dear SirlMadam: The City of Delray Beach has received an application for development approval as described below: OwnerlApplicant Louis Capano Project Name Hotel Vista Del Mar Project AddresslLocation 300' South of Atlantic Avenue on Ocean Boulevard Proposed Improvements New 5-story hotel structure A copy of the proposed site plan is attached. Please review the attached plan and provide the requested information. This sheet should be returned to: City of Delray Beach Planning & Zoning Department ~ 00 N.W. 7 st Avenue Delray Beach, FL 33444 at your earliest passible convenience. Wi[[ the proposed development affect existing utility service? Yes No Will the proposed development require extension of existing utility service? Yes No Comments: Utility Provider Representative's Name and Title Signature Date "' _ ,. , IMAGE01 : FI.-4)1-13726-2 02!2212001 02:A0:03pm 1Lfs was pn~ved by: I~7:me ~2obrsrt n v °a.-E.S1j~ /~lddieK Si3~_F.at#~nruan a~,e s 35 ~ to: IS~mie Reed n ~~ 630 ~ovnton Heac}L,,,,~; c„-; ~ a'3e35 Gtaat+~e il] 55.I3o. Gx+~ !2 5S. rifo. Avpaty Appxa>sers Parod Ideuti5ntiooa No. 12 43 a6 is 2a ool o '~ STJN-2Q-f9?5 `i'Saam 9~-194b3 ~R$ $~~~ ~9 '~ Z ~~ t f1i~1fE11 ~ 1fi~iil>t/ ^fi Eon iQ.O© fSoc ENFRGS"tr1 'rf, ~i~~.ItF~[~ CL£Rk. ~ CG~Jl~*Y~FL '~V DEED (SIATiTI'OfLY FO~f - S1:CIION 6~!!Z. FSa This find „~,~ 3 ~ ayo~ m ~y i9q~j,B~vveen ~~~, the unzemaxzied widow of ,7ERQ1yE T_ K~tSTIiQ, deceased whasepnat~addtessu 2549 S.w. 23rd Cranhroak Drive, Boynton Beach 3343fi ~*~Co~9~of Palm Beach ,StateoF Florida .nd ~ xmesTY~r, as ~rxtusTxE v/A aatea n+twY 31 ~ 1995 wl~osepastaai~aad~~is 2549 S.W. 23rr3 Cranbraok Arive, Baynton Heach 33436 °~~CO~9°E Palm Beach ,s~eaE Florida •~• ~l~ILBSS~Y1 that said ~ iar and is eta of the s~ of Ten { $14. D D) ---------_____------------- ----- Douae~, and other g~uod and vahiable ors93esaboas !o said gramece m hard paid by s:id gxapee~, the whflea~f is }~by rciaowted~rol, has g~nted, bmgaiad ara said m ti+e seid ~ ~ ~s fides aad assg~s the de~'bed >~ ~ 39;rs and ht5tg m Palm Beach Co~-ty, ~;~, ~~ Lots 6, 7, 8 9 and lU, Block 1, OCEAN PARK, according to. the Plat thereof, recorded in Flat Boo:: 5, page 15 of the Public Records of Palm Beach County, Florida. Except the West 2 feet 8 inches of Lots e, 9 and lD, Block t, deeded to the City of nelray Beach f.or street purposes; and also excep4 that part of Tots b and 7 lying East of that certain line as shown upon map entit-.1ed "Plat of Survey for Establishing a line to Serve in the' Place of the west Boundary Line of Oeearn Boulevard in Fractior-a~. Section ].6, Toranship 46 South, Range 43 East, nelray Beach, Palm Beach County, Florida" as xecorded s.h Plat Book 2D, Page 4 0£ the Public Records of Pam Beach County, Florida. T*3E TRUSTEE shall have the powex and authority to protect, consexve, and to sell, ox' to ].ease. or *_o encum~x, or otheo:wise to manage and di spcise of the real property conveyed by this deed. aatd soul iii does haeb! ~Y~ the tide to said hmd, and wait de(eysd the s~.e a~ je+vful c}amrs ct aIl pnsa:~s wLo~oevQ. "`~saAbot" goad wee rx wed fey singn'las tar pheo,,, as d negnoes. II! ~W~ites.S i+t~he'Ceo~ ~ has ~-m~d~ set ~ Shma ara s~ the alb ara ~ sest abo-~e w~ > l aad d~vesad is aroa periamac .-- { ~~ ~"~ (5aI) ~ ~pRr ~ ~e L nn 3ones 1.'rititedpstypeclrame: Euuenia 3CerSt,ir. ~ L ("~eati? i5eptrid Wi~+lYS1 prjteted~tppe3naomc Carol "~allace ~ sr~'rF as: Fs,oRZ nr, m1.1TTCY [1F PALM BEACSi ~G }~$=7~.vss hefae me ~ ~ "J7 lg ~_ Evaenia Kera+;n~~, ,_..~~~,+Mhoist~>v~3paso®II¢ ~~` ~~ LYNNJDHLS arooaress~. a: nrese oa,ars ,wne u, ~8es .nnogormutaovsrw wauar+o;, eu. Pire~ed, °r oaaase Lynn hones Page 1 of 1 -1 45e;irt.ld~beyitamy~ ~~sspwo.~7~G1+es! LAW OFFICES LISTIGK $KRALL, P.A. 61B S. ATLANTEC AVENUE OELRAY 81=ACH. FLaRIOA 33b83 (561) 27B-7A2k MICFEAEL M. LISTItK MARK L. KRALL February 22, 20001 PIanning Department City of Delray Beach 100 N.W. 1 ~' Avenue Delray Beach, FL 33483 Dear Sir or Madam: FAX (581j 278.8909 a•mali: dekray IawQJuno.com Or touws[L MICwL[L S. $TEINEw This letter shall hereby confirm that as of this date, the Public Records of Palm Beach County, Florida reflect that Eugenia Kerstin, as Trustee under agreement dated 5131195, is the record title holder of real property located in Palm Beach County, Florida, the legal description of which is as follows: Lots 6, 7, 8, 9 and I 0, Block 1, OCEAN PARK, according to the Plat thereof, recorded. in Plat Book 5, Page 15 of the Public Records of Palm Beach County, Florida. Very truly yours, Mar L. Krall MLK:Ier `O - ~ .'-, GERALD 3. CHUx'ZC:ir ?.F,. CQ~TSUL'=~I?~G CyVIL yNGI1TEE I03Q S. Federal Highway; Suite 1.i8 De? ra_r Heap F ! 33~a3 nhana t~~'} 2~6-920 Fap (~6?}-.206-9520 TRAFFIC STATEMENT : HQTEL VISTA DEL *'iP.R ROJECT t7 SCa F pT^C~H The ~ro~osed is±fll ti i s ~z Del Ma>= w; ~ ~ bo ~ ocated. ~t ~~ So.r~~"~ Ocean ~euleverd, (A?A} 'ir De?ray Beach. It is 300 feet south of the ir.tsrsectio:~ of t~tlaz:t~,c Avenue. presently the 3ermuda I:~n, 220 u_^.it motel OCCU~ieS {he Site. ;~t wil? ~ha demolished. Tre prapcsed ote~. ~,'~.st3 ~7e1 ?~.ar will he five stariQs i~h. The upper four floors wi l ? accommodate 71 rooms . ml;e gro~,~r r.! ~ :. e ~°.'~`.° t~ re i h ~ a'car i :~. ~~.^."t ^d w oc s th ..p or. a a w t s..al"re ~ _~_ ._ a Ve}'?+Cle Fi~r~:ZTlg ~,ea ~O one rear. T::e tot~i '..1'1:.~.~G'.Z?'t[~ cr°G ZS ?71378 square feet. SCCFE CF, S`yUDv: n co_^_juTct_on with a ~ropaspd deve?onr^e~.t, G ~r~~r1C StBLemer.t 15 ~ e~u~.= ed Jay tl3e C~tp Cif i~a i ray tom.,°~C:1 ~ S . wand T~evelox~ment rZegulatio~s. •~•his traf-ic studp ?.es hAAr ~re~ared _~1 ?..CGC~idanCe 41~ th trB St3ilQerC5 ~~C Er=s:.~r? z ?5 S°= ~Ort~l iSl t~3e ?~~?~ ~~' °8^h CQU^tp [7riiied L2.I2G'1 :.a@Ve~ o~men~ C~~° ~ P.rticle ?5, Tre=iic Perfortnar_ce Standards. The SCdAe of ~~'° stlld;~ i5 tD deter'z^.3 .° t~S ~„C~°2.s° 1~? tr~ific volume for the proposed hotel use. Since tre projac 35 locoed 1^~,h° {.'1t~' S '!'razf.~.C C'Jz1C'.~.e: cy Exer.:~t?e:^_ Ar= r J:::~ 2. ~.r''uLrlC St~tem°'_1L IS r°~L:'r:'Gt'. 3TJILDCUT• : 12 f ?002 ~~l'~~~1T' T3Z' A k M T(,", 'lr~p ~ePer~t1Q~'1 ~Or tl~? S Sit° was at~a'_r vZ~w 1 using the Pal: 3each Cou?'1tY ^rip Generator Ra W~:s . ~?r1'~C~ 'i~~Ar ~ . ~': _ ~~ _ -'r; ~ yeT2°rHtiOT_ _,Jr r.~''_i5 5=te ides aT.~~.pZeC using ~~?? ?~~!',, '~' ~~C?`' CQL;XIC~ Trl~ ~eI?ar~t~ 4 . '_~'_Gt~ ={?~ $ !^~{°i k7_^-C 1S j. = 8.70 ~i 7~ = c~~ ~.~.i. _ ~ R 7 Is ~ m T•Z,a `n"~err±Ci i `~ rJti C~ t~e 7f1 rQ-OTC: mCT°1 =11'J.47S -. 4=°_:',_ ~ ~Q'' ~"n 'T>?~c L?-_n ganar~~'4i1 rate 10r 8 TC:Otel _S _{1'_G ~_ ~5 ~°•~ rO'.]'TTI. = 20 x ~a.1s = 204 ADT. _°5S ^~ ~~SS~~y, = 2t}1'r~1..00 - 0.0~) _ _94 ~-±.J.-- {~~ edit ~.~ l oCM°C. LQ~ L?~~a^_ r~eaevelopmsnt ?rC3ec*' - ~~ 0 o C~ ~rafizC q°F_e?'3ted or ~'~~S'`_1Tq L:se: 1 1 ~' ~ ~ •. ... 11.0 0 of 194 = 213 ADT. P?Q} trips for proposed Hotel Vista Del Mar =~87(Hate~.} -- 213 (Motel )= 374 A.D.T. '~~:ORCUGiiPARy IMPACTED: Ocea~z foul evard (Al_A) 2004 TRAr^^E`iC VO~T7ME: 12,385 ADT Prepared by: Garald 3. Church, P.E. Dzte: 2/1/2041 ~~' . .yea ..__, ._r..-.~_~_.~,...... ,. _._ __.. .._. .. .. - _ . ..._.. _... ._ _._ .. _ ~ELRAY BEACH ~~ 11I1-luneri~Citp . .. ~ . f IJ~arch Zfl, 20fl ~.:..: Mr..iDSe Aguiia Robert G. Currie 13? NE 1S'tivenue Delra~r 3each: i=1 ~34~3 Ra: fiotpi Vista del Tifar - Cor~ditionaf Use Rppiica~ian Dear ,}ose: This fetter is provi~ed to acknowladge the raceipt of the conditianal use appiicati•an for ~ Total Vista De! liar. Tha application was revi~v/dd far corlpl~t?n?55 and has i7een accepted far processing. The conditional use request is contingent uaon approval of the LDr~ Text amendment ralatAd to vaietltandem parking arranoement, which is antiui;~atad to be considered by the City Commission on fdfay '3 , 20Q i . Thus, the app[ication will b? scheduled for the ~lannina and. %oning 3aard meeting of May 21, 2DJi. 1Nith respect to the site plan application, the fnllowino itpm5 that ware req~,~ested in my ietier of November 3, 200, are stiEi outstanding: .+ Photometric elan fn order to provide the utility providers an opportunity to review -the development proposal please transmit to the utility providers a cvpy of the site- planalona with the revised Naiification of Request fora. (Nat=: the farm has been revised to invlJde the rama of company representatives and mailing address). ~ Compl=~e file attached Site Plan t=:eview~ any .Appearance ~:,ard ~r:.hitet~sra! lAvation appiicatior: with the provision of color s3rlplss. Ill: ~5= :~flr~3liiat~ u"le r?S[liJm[ttai Df ieV]S~~ Mail; any: ?rl)' ~ii1°' addltl'ai~a.' n'~at°ri~:~ that may be i°:1:lir~~ wltii ~~rl l-I'J3~8rC~'', t~l~ a~sl~n°~ ~r 31?: ~i3nn3'. Sinaarei}~• _ . J: ; ~ .;aSmlil r~lien~ r'Planner C: .;on ; ~o~uard, senior Manner ~`~, Proie~ pile x.. {561} 243-7Q40 (561} 243-7221. FAX e-mail: yzmail rrdelrayplanning. org F~sc~~ cove s~r~E~ ~~~~ DATE: d j TO: ~d ~g CSR-f~~ ~ FROM: ~ ~ (p~~.~ Number of Pages lnciucfing Cover Sheet: co~n~~~v~s 13 -1 __ .. . Planning & Zoning Deparbnent MEMORANDUM TO: TAC FROM: RON HOGGARD DATE: MARCH 7, 21?Q9 RE: HOTEL VISTA DEL MAR The subject application and plans were reviewed for compliance with the land development regulations. The following technics! comments will need to be addressed and revised plans submitted before the project can proceed to SPRAB of approval. 1. Under the proposed ordinance dealing wi#h valet parking in the CBD, a 100' stackinglqueuing are is required. The site plan has two HC parking spaces located in the middle of the queuing area and the required amount of stacking is not provided. 2. Also under the proposed ordinance, a minimum of 2 handicapped spaces are required for specially equipped vehicles which the attendants can not operate. The plan has only one HC space located in the garage. The 2 HC spaces in the middle of the queuing area must be removed. 3. A trash pickup area and loading area must be provided on site. 4. A 5' building setback is required on Salina Avaneue 5. Building height is indicated as 44'-6" to new main fiat roof on sheet A2.01. The elevation sheet indica#e this height as 46'-6". Correct as necessary. 6. Submit proposed color scheme for the building. 1Mi5rv00'ilhoggardlwwdaYalstaff repor#s1~9sta dal mar hotel.doc •, ~ ~~ DELRAY Beach FIRE DEPARTMENT TAC Project Review Checl~list I. Pra~ect Name: Hotel Vista dei Mar 2. Location: S. Ocean Blvd. 3. Are fire flow calculations provided? Y N ~ NA Is adequate fire flow for the size and type of development available? Y N NA Comments: 4. Are dead-end streets or cul-de-sacs included on the site plan? If so, is adequate access to buildings, turn around radii, etc. provided? Y N NA ~ Comments: 5. Fire Hydrants: Is SOU `maximum spacing provided in single family or duplex areas? Y N Multi-family, 2 stories or less 400' maximum? Y N NA ~ Multi-family,. 3 or more stories, 300' maximum? Y ~ N NA Commercial or Industrial 300' maximum? Y N NA ~ Are hydrants provided on both sides of the road? Y N ~ NA No obstructions within S' of the hydrant? Y N NA ~ NA ~ 6. Will the proposed development have an adverse effect on the Fire Department's ability to provide service? Y ~ N NA Comment: The fire department will not be able to pull a rescue vehicle or fire engine off the roadway. Hence, S. Ocean Blvd. will be blocked for any emergency response by the fire department and will sub3ect fire department personnel to possible injury bypassing traffic. Provide adequate space for emergency vehicles to get off of S. Ocean Blvd. as possible. . ,~ ~~ 7. Other comments: 1. The title page under Site Data needs to state NFPA 101 19.94 Edition not 1997 Edition. 2. A I-hour fire rated barrier with self closing doors shall be installed in the comdors on the 2nd,. 3rd7 4~' and Sd' floors. 3. A second means of egress from the lobby shall be provided. 4. The parking garage shall be separated from the hotel and restaurant areas with a 2-haver fire rated barrier. 8. Afire suppression system is required to be installed? Yes ~ Na y. Afire alarm system is required to be installed? Yes ~ No NOTE: IF A BUILDING/STRUCTURE REQUIRES A FIRE SUPPRESSION/FIRE ALARM SYSTEM, THE DESIGN BID CRITERIA FOR THESE TYPE SYSTEMS SHALL BE SUBMITTED WITH THE DRAWINGS FOR THE BUILDING PERMIT. THIS REQUIREMENT IS PER FLORIDA STATUES 553.79(2j, 553.79 (6j(C) AND 633.551. Review- completed by: Signature: Gerald Van Gelder Date: March 1, 2001 '• MEMORANDUM Ta: Planning & Zoning Department From: Robert A. Kussner, Landscape Tnspector Via: Nancy Davila, Horticulturist Re: HOTEL VISTA DEL MAR Date: March 6, 2000 1. 'The applicant shall provide. a tree survey. There are a number of Coconut palms and other plant species that should be saved. If there is no room on site for a holding area then the applicant shall provide an ofd=site location during the period of construction. 2. The utilities and site lighting shall be shown on the landscape plant to avoid any potential conflict. 3. The applicant shall provide landscape .calculations, using the standard form that can be obtained from the Building Departinez~t. 4. There is only a small area of sod proposed on the entire site. The applicant shall install ground cover instead of sod along the south side of the building in the area of the kitchen. ~. The applicant shall provide an underplanting beneath the Sabal palms. 6. Per 4.6.16{H){3) on the site of a building or open-lot use providing an off-street. Barking, storage or other vehicular use area, where such an area will not be screened visually by an intervening building or structure from an abutting right-of way or dedicated alley, there shall be provided landscaping as follows: A strip of land at least five {5) feet in depth located between the off-street parking area or other vehicular use area and the right-of-way shall be landscaped. The landscaping shall consist of at least one tree for each thirty {30) linear feet or fraction thereof. A hedge, wall or other durable Iandscape area shall be placed along the interior perimeter of the landscape strip. This applies to the west side of the site, adjacent to Salina Avenue. I2AK: U slkussnerlww•datalitoteh•istadelmur3.doc _-~ ,-~.~ ~.., DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Ran Hoggazd Senior Planner FROM: Ofc. K. Anthony Durante Delray Beach Police Community Patrol DATE: March 15, 2001 SUBJECT: TECHINICAL ADVISORY COMMITTEE: CPTED REVIEW VISTA DEL MAR RESORT Parking Lot Based on the latest plans, the rear parking area and any cazs that would be parked there would be screened from any natural surveillance by the 6' wall surrounding the property. The- plans do not indicate the type of gate that will be used for the Salina AV exit. It will be important to have gate (perhaps a remote controlled roll-out} that will prevent unauthorized use/access to the parking lot through the exit by vehicular and pedestrian traffic. _~ • Because the parking area is not enclosed, unauthorized access to the space from the sides is a concern.. The planners should consider the installation of a decorative fence between supports along the south and north sides of the parking lot. • Access control from A-1-A can probably be maintained by a full time valet staff. MEMORANDUM To: Planning cX: Zozung Department From: Robert .~. Kussner, Landscape Inspector ~-ia: ?~ancy Davila, Horticulturist RQ: HOTFL VISTA. DEL M.AR Date: lt~arch 6, ?000 The applicants ~ee sun=ev. a number of Coconut palms and other plant species that s aye ooin on site fora 1?olding oleo their the ap_ tall pro`~ide an off-site location during t constnie>:ion. ?. The utilities and site lightuig shall be shoes=n on the landscape plant to avoid any potential conflict. ~. `The applicant shall provide landscape calcuIatiozls, using the standard form that can be obtained from. the Building Department. ~. There i5 only a small area of sod proposed on the entire site. The applicant shall instal] ground cover instead of sod along the south side of the buiIdin in the area of the kitchen. ~. The applicant shall provide an underplanting beneath the Sabal palms. 6. Per 4.6.16(I~(3) on the site of a building or .open-lot use prorsiding an off-street parking, storage or other vehicular use area, ~=here such an area will not be screened ;~is?all,~ h;° a~± iF~te; ti>enTna b~aildina car strl.~cture fre~m an ahuttintr right-of-v~~a~~ nr dedicated alley. there shall be provided landscaping as follows: A strip of land at least five (51 feet in depth located between the off-street parking area or other vehicular use area and the rialtt-of-u~ay shall be landscaped. The landscaping shall consist of at least one tree far each thirty= (~0) linear feet ar fractiari thereof. g hedge, u~aIl or other durablL landscape area shall be placed along the intWrior perimeter of the landscape s`~rip. This applies to the west side of the site, adjacent to Saliuta Avenue. ~:-+.~:: C':ikussnt riwwdatAlhDtell~•istadcltnar?.da~ City of ne~ray B~a~n Department of Environmental Serviees T A C COMMENT S TO: Ron Hoggard, Senior Planner FROM: Barron E. Caronite, PE, Assistant C'rty Enginee DATE: March 5, 2D07 PROTECT: Hotel Vista Del Mar ACTION: Site Pial~ The subject application and plans have been reviewed for minimum technical compliance with the City of Delray Beach Land Development Regulations. Receipt of Site Plan Approval does not imply that the applicant has submi#ted a complete set of construction drawings nor fulfilled all the conditions of Si#e Plan Approval. All technical compliance comments must be addressed prior to issuance of a ct~nstruction permit Due to the preliminary nature of the information provided for minimum technical compliance, additional comments may be generated upon submission of construction documents to the building department. Technical Comments.: 1. Provide FD~T driveway connection and drainage permit. 2. Provide drainage calculations and exfiltration test results. 3. Indicate sight distance at egress drive to Salina Avenue. 4. Provide pavement marking and signage plan with special detail for A1A entrance. 5. Indicate if building will be sprinkled and where the proposed water service is. 8. Indicate how water and sewer service is provided to the structure and that sufFicient capacity is available forthe number of units proposed. 7. Provide standard city parking stall detail, paving cross section, type "d" curb detail, and standard city utility details as required. 8. Provide typical crass sections at North and South property lines. 9. Indicate proposed finished floor elevation of structure. file: s:/engadminltaclhotel vista del mar/review02.doc Printed: 315101 MaR o s ~~a~ ,y !w ~. r-' t~ '- DEI.RAY BEACH - A1MAme~aaCii~ r ~ ~ ~ CITY OF DELRAY BEACH 1993 BYTE PLAN tREVIEW AND APPEARANCE BOARD SITE PLAN :APPLICATION ~2 INSTRUCTIONS FOR COMPLETING AND FILING THE SITE PLAN APPLICATION Applications far site plan approval maybe submitted to the Planning and Zoning Department at any time between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday. Please print ortype all of the required information, and ensure that the application is complete and accurate. In order to be accepted for processing, the application must be accompanied by: 1. Standard Application Items, as fisted on Page 8; 2. Three (3) copies of a Traffic Study or Traffic Statement as applicable; 3, A Site Plan Review and Appearance Board Application far architecture[ .elevations and color changes; 4. An architectural elevation plan, in color (if applicable); S. Eight (8} copies of each of the following plans, in collated, stapled and folded sets: a} Site plan b} Landscape plan c} Preliminary engineering plan d} Building elevations and floor plans e) Survey fi. Processing fee, as applicable [The processing fee for the categories of site plan reviews are $400.00" for a Class I[I modification, $750.00 for a Class IV modification and $1,000.00* for a Class V new submission]. Make checks payable to the City of Delray Beach; and, 7. Other information may be requested, if required. All plans (except building elevations arad floor plans) must be drawn at tlhe same scale. IVew site plans (Class V), and site plan modifications (Class Ill and Class IV} [see page '11 far description of these site plan review categories], are reviewed by the Site Plan Review and Appearance Board (SPRAB}, which meets every other Wednesday, It takes approximately frve {5) to seven (7) weeks between submission of the application and action by SPRAB. This time may Crary, depending upon the number of comments made by staff, and the time required by the applicant to submit revisions. Please referto the appropriate sections of the City`s Land Development Regulations when designing your project and completing this application. A re-a lication conference with a member of the Plannin staff is strop I recommended and can be scheduled at our convenience. We will be glad to assist you in any way possible. In order to be accepted, plans must be prepared, signed, and sealed by the appropriate professional as listed below: • Site Plan -Registered Architect, Landscape Architect, or Registered Engineer • Landscape Plan -Registered Landscape Architect • Engineering Plans -Registered Engineer • Survey -Registered Engineer or Licensed Surveyor . *For parcels over 3 acres, an additions! fee of $100 per acre beginning at 3.01 acres, and any fraction (hereof, up to a maximum of $3; 000 per project t 1 i 197 l~ CITY OF DELRAY BEACH PLANNING AND ZONING DEPARTMENT APPLICATION FOR SITE PLAN APPROVAL Projec# Name: Hotel Vista Del Mar Address or General Location: 300' South of Atlantic Avenue on Ocean Boulevard Brief Description ui Projec#: ~ ~ 71 roam residence hotel 1 restaurant totaling 1,479 sq. ft. 44 Lower level parking 18 Ground level parking PART ONE -APPLICANT INFORMATION: APPLICANT Name: Address: Telephone Number: AGENT Name.: Address: Telephone Number: OWNER if otherthan a licant Name: Address: Telephone Number: Louis Capano clo Roberf G. Currie Partnership 134 N. E. 1st Avenue Delray Beach, FL 33444 276-4951 Robert G. Currie Partnership 134 N. E. 1st Avenue Delray Beach, FL 33444 276-4951 Eugenia Kerstin, Trustee clo Robert G. Currie Partnership 134 N. E. 1 st Avenue Delray Beach, l=L 33444 276-495'1 ,, .~ PART TWO - PROPERTY INFORMATION: Property Control Number: 1243-46-16-28-000-0060 Legal Description: Lot 6, 7, 8, 9 and 10, Block 1, Ocean Park, According to the Plat thereof, Recorded in Plat Book 5, Page 15 of the Public Records of Palm Beach County, Florida. Zoning District: CBD Future Land Use Map Designation: CC Size of Property: 17,953 sq.ft. .412 acres +1-100' width +1-185' depth 100.63' frontage Existing Use of Property: Two-story motel with pool. .~ ~~ PART THREE -PROJECT INFORMATION: Describe in detail the proposed project and indicate if there is to be any phasing of the improvements: The projected luxury hate{ design shall house 71 suites in a new five story building {46'-6" high to roof deck}. Additional facilities to be provided are 3 sma[I service rooms, a private nymispa and rooftop swimming pool. A restaurant of same ~,47g sc~ ft, is planned for the first floor anal open far dinner only. The project shall have lower level parking for 44 cars and ground level parking far 18 cars. We are presently submitting for CF zoning on an 8T x 1 QO' property on the west side of Salina Avenue in order to provide public parking. .~ PROJECT DAT/~ If new improvements on the site yr changes to existing improvements are proposed the following data must be_provided below and must be shown on the Sketch Plan. Grourid floor area: 3,362 sq.ft. 18.73 % of site Total float area: 49,478 sq.ft. Parking/paved area: 11,127 sq.ft. 6'1.98 % of site Open {landscaped} space: 3,46 sq.ft. 19.29 °!° of site Vllater bodies: ~ None sq. ft. None % of site Number of residential dwelling units: ~ NIA Dwelling units per acre: Number of Units Size Efficiency sq.ft. 1 Bedroom sq.ft. 2 Bedroom sq.ft. 3 Bedroom sq.ft. 4 Bedroom sq.ft. Parking spaces required pursuant to LDR Section 4.6.9: {Example: For a gasoline station state number of service bays or lifts and non-repair gross floor area). Use Hotel :Calculated at .7 Use Restaurant: Calculated at fi Use Office :Calculated at 1 spaces per unit = 49.7 spaces per 1,000 = 8.9 spaces per 300 = 2.2 TOTAL = 60.8 or fi 1 Parking spaces provided: Regular 43 Compact 17 Handicapped 2 TOTAL: 62 Building data provided pursuant to LDR Section 4.3.4~K), Development Standards Matrix: Setbacks: Front: 5' ft. Rear: 5' ft. Interior side: 10' ft. Street side: 0' ft. Height: 48' ft. Floors: S -~ .-~ .; '~ OWNER'S CONSENT & DESIGNATION OF AGENCY (This form must be completed by ALL property owners} I, Eugenia Kerstin, Trus#ee, the fee simple owner of the following described property: Lots 6, 7, $, 9, and 10, Block 1, Oeean Park, less SR A1A RNV and the 1Nest 2'8" hereby petition to the City of Delray Beach for site plan approval for Hotel Vista Del Mar and affirm that Rosa Hotel Developers. Inc.lFran Marincola and Robert G. Currie Partnership are hereby designated to act as agent on my behalf to accomplish the above. 1 certify that [have examined the application and that al[ statements and diagrams submitted are true and accurate to the best of my knowledge. Further, l understand that this application, attachments and fees become part of the Official Records of the City of Delray Beach, Florida, and are not retumalbie. Eugenia~Cerstin, Trustee The foregoing instrument was ackno 's rd day of October, 2000 by Eugenia Kerstin, who is ersonally known to me~ r has produced as i en ~ ica ion an w o did (did not) take an oath. 7HOh1AS !. WOOi.LEY~ Jr. (Printed Name of Notary Public) Commission # (NOTARY'S SEAL, My Commission Expires k ""' ., `Pflomas J. WooAey, Jr. s Commfnsion # CC =94E24 - • m F.zpiren Jao. 24, 204 ` Handed 'I'hru _'' ." ~ ""` AWntic Hondiaz Co., Inc. NOTIFICATION OF UTILITY PROVIDERS Dear SirlMadam: The City of Delray Beach has received an application for development approval as described below: OwnerlApplican# Louis Capano Project Name Hotel Vista Del Mar Project AddresslLocation 300' South of Atlantic Avenue on Ocean Boulevard Proposed Improvements New 5-story hotel structure with restaurantlpool A copy of the proposed site plan is attached. Please review the attached plan and provide the requested information.. This sheet should be returned ta: City of Delray Beach Planning & Zoning Department 100 N.W. 1st Avenue Delray Beach, FL 33444 at your earliest possible convenience. Will the proposed development affect existing utility service? Yes No Will the proposed development require extension of existing utility service? Yes No Comments: Utility Provider Representative's Name and Title Signature Date Standard Application Items LDR Section 2.4.3(A}~ 1. A copy of the latest recorded warranty deed, and a certificate from an attorney or title company (not title insurance) certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein. 2. The written consent of the owner(s) must be provided in a certified form. When an application is executed on behalf of a corporation or business entity, documentation must be provided which demonstrates that the corporation's representative is authorized to act on behalf of the corporation. These forms are available from the Planning Department. 3. A vicinity map which clearly shows the subject property, adjacent properties, and their relationship to streets located within one-half mike of the property. 4. A survey (S copies) which shows the property described pursuant to the legal description contained in the warranty deed. Such survey shall show all improvements on the property and must be certified as reflecting conditions on the site as they existed within six (6) months prior to the filing of the application. 5. Application filing fee, pursuant to LDR Section 2.4.3(x)(1). Standard Plan Items LDR Section 2.4.3~B) In addition to the information included in the Project Data Sheet, the following items must be included on the site plan: 1. Title Block showing project name, engineering scale, date, page number, name of preparer. 2. North arrow and location map insert. 3. Site boundaries per the legal description. 4. Center line of right-af-way of any adjacent street, and location of any improvements between the property and the adjacent streets. 5. Approximate location. of lot lines of adjacent properties, structures, and improvements. 6. Location of nearest driveway or point of access to adjacent properties (including any that are across a street), if within 50 ft. of subject property. If none, indicate on plan. 7. Approximate location of all utilities on the site. 8. Location of other significant features such as water bodies, trees and vegetation {tree survey may be required). **ltems 7 and $ may be shown on a survey sheet,, and then only the utilities or features which are to be incorporated into the development need be included on the site plan. 9. Location of all proposed structures with setbacks dimensioned from the closest property line. 10.lntended use of each structure. -~ --~. . ~.~ 11.Ingress and egress for vehicles and pedestrians, traffic flow indicated with arrows, pavement markings, traffic control devices. 12.Location of parking areas, loading zones, landscape islands, and traffic aisles. In addition, a detail showing parking space striping, space sizing, wheel stops and handicap accessibility features such as ramps. 13.Manner in which utilities are to be provided to the structures. 14.Location of buffers,,fencing, walls. 15.Location of signs with heights and dimensions. 16.Lighting details, including location, height, and coverage of fixtures. 17.Lvcation and description of solid waste disposal and recycling facilities, including height of enclosures and type of gating to be used. 18,Spot elevations, existing and proposed. ~ 9. Finished floor elevations of all structures. 20.Type of building construction and occupancy classification pursuant to the Standard Building Code. 21.Detaiis on project phasing, if applicable. 22.Signature and seal of preparer. Landscape Plan LDR Section 2.4.3(C) The following information must be included on the landscape plan: 1. Title Block showing project name, engineering scale, date, page number, name of preparer. 2. Existing and .proposed parking spaces, vehicular use areas, access aisles, sidewalks., building locations and similar features. 3. Statement of intent as to method and coverage of irrigation. 4. Name and location of plant material to be installed or preserved. 5. Legend including botanical and common names, height, spread, and spacing of all plant material. 6. Location of all landscape features and preserve areas in context with existing an proposed buildings and improvements. T. Tabulation which includes al[ relevant statistical information including but not limited to the following: a} Total paved area = sq.ft. b) Required interior green space = sq.ft. (10% of total paved area}. c) Interior green space provided = sq.ft. d) Total number of trees required = sq.ft. (1 inferior tree is required for each i25 sq.ft. of required interior green space.) e) Number of interior trees provided = trees. f) Perimeter green space required = sq.ft. (depth of butters x length) g) Perimeter green space provided = sq:ft. h} Number of perimeter trees required = trees. {one perimeter tree is required for each 30 lineal feet.) i} Number of perimeter trees provided = trees. .--~, .~ ~~ .~1 j) XERISCAPE CALCULATfONS k) Required shrubs and ground covers = sq.ft. (30°~ of required interior and perimeter green space, see b and f) I} Shrubs and ground cover provided = sq.ft. m} f~equired native plant materials = sq.ft. {2s°io of required shrubs and ground cover, see j} n} Native plant materials provided = sq.ft. o) Number of native trees required = trees (50% of required trees, see d and h} p) Native trees provided = trees. 8: ~ Location of outdoor fighting. 9. Location ofi refuse areas and method of .screening. 10. Location of utility easements and overhead lines. 11. Location of signs. 12. Demonstrate that the proposed landscaping is consistent with existing vegetation preserved on site. 13. Required Management Plan: For a!I areas of preserved plant communities larger than one-half (112} acre in -area, the owner shalt submit a narra#ive management plan indicating the manner in which the native plant communities will be preserved. The narrative shall include: a) Whether or not the existing vegetation is to be preserved in the existing species composi#ian. b) If applicable, the manner in which the carnposition of existing plant material is to be Preserved, hand removal of invasive species, prescribed burning, etc. c} Maintenance schedule for removal of exotics. d} Maintenance schedule for removal of debris. 14. Signature and seal of preparer. Preliminary Engineeri,n4 Plan LDR Section 2.4.3(D) Preliminary engineering plans shall be drawn on a topographic base (unless the use of spot elevations are previously approved by the City Engineer} with topographic features extended to ten feet {10`) beyond the site. The following information must be included on the Preliminary Engineering Plan: 1. Title Block showing project name, scare, date, page number, name of preparer. 2. Approximate location as shown in records of Delray Beach andlor field observations of all existing water, sewer, and drainage facilities, along with streets, sidewalks, and above ground improvements which provide service to and on the site. Notes shall state the disposition of all existing facilities including service lines, meters, etc. 3. Proposed location, sizing and design basis of water, sewer, fire suppression, and drainage facilities which are to serve the site including pertinent calculations and the method of providing service to the proposed structures. 4. Location of proposed street lights. 5. Surface water management calculations indicating the proposed system's ability to meet storm water quality and quantity requirements in accordance with L. W.D.D. and S.F.W.M.D Regulations. fi. Signature and seal of preparer. Architectural Elevations LDR Section 2.4.3{G} The following information must be included on the architectural elevation plan: 1. Title Block showing. project name, scale (architectural scale is permitted), date, page number, name of preparer. 2. All four (4) elevations (north, east, south and west), of the proposed structure{s) or the elevation which is being modified when an existing structure is involved. 3. Dimension all elevations including height measurements. 4..All architectura! features of the structures, the type of exterior surfaces and exterior color. 5. The location of air conditioning and other mechanical equipment and methods of proposed screening. 6. The location of air conditioning equipment and other features depicted on a roof plan. SITE PLAN REVIEW CATEG(aRIES CLAS5111 A modification to the site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requiring partial review of Performance Standards found in Section 3.1.9. CLASS N A modification to a site plan which represents either a significant change in the intensity of use or significant changes which affect the spatial relationship among improvements on the land, requiring full review of Performance Standards found in Section 3.1.1. CLASS V New application for development of vacant land, or modification of a developed property when no valid site plan of record exists and which requires full review of Performance Standards found in Section 3.1.1. r . II~i~~ li.,~l, d i~ e ~~ ~~ ~ ~~ ~ ~ a~ ~~~ ~ ~~ ~~~ ~ ~~ ~ ~ ~~~ ~ ~ ~~.~ ~ - ~ ~d ~ ;~_ ~ ~~ ~~~~ ~~~ ~ ~ ~ ~~ Z ~~~ ~~~~ ~ ~x»•• ~ 1 ~~~~ ~ ~~~6 ~ ~~~3 } ~~~~ ~~~~ ~g ~ ~ ~ ~ - ~ ~ . z ~ ~ ~4 ~~ ~!! 1 .~ ~. ! ~ a ~- ~ 6 f ~. ..~ ~ ~ i ~ ~ gk~ ~ ~ ~~~~~ ~~~~ ~e -k~5 IS I I °. . ~ .. ~ ~~i ,I ' ... i < < t .~~ i r Z Z ~~ --1 _~ ~u rr -wnc-. .- -.~c ~:rx j+V ~:f { i'i !~~i ~i . 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'~ r ', . •. `~ .. ~ ~ ~ ~ ~ ~ g~ls ~ ~o~ ~ 0 ~ ~ ~ ~ ® ~ ~ ~ o~W 4 ~~ ~~ ~z > Q a ~~~~ .~ ~ ~g~ i : 6 = ~ s ~ i ~~ 1 ~€ ~ ~ ~~ ~ ~ ~s4 ~~ ~~ ~ ~ ~ ~ a.a~ asaa~a tt~ 6 ~ j ~ ~ ~~ti7 $1:: i ~`a~~ ~ ~~ ~ 9j ~ ~~°~ ~ j ~ ~~ !~ 9f.~ ~ ~iik154.4: i m ~~ S ~~ ! ~3 }! ~ ~#` ~f i _j Ri, a ~lS ~S ~~«r°i~iii i~Y. dd3 i ..lil7 liTjY ~ 3 Y~ t 7€i i Y~ i~ ~~ ~~ 7 iR%F ~~~ 9~a€ ilJ Fl~IIi ~ 6fr~~~;~~112~5,~ . _.. ~~ •: PLANNING 8a Z0IVING DEPA.RT~iENT 1.00 N.W. 15t AVENUE DELRAY BEACH, FLORIDA 33444 (561) 243-7040 (56 i) 243-7221 FAX e-mail: xho ar del.ra tannin .or ~_ ~ 4,4 '~ FASCIML~E COVER SHEET DATE: May 11,.2001 TO: Bob Currie - 243-8184 FROM: Ron Haggard Number of Pages Including Cover Sheet: 9 C O 1Vl 1V~1 E N T S Attached are staffs' comments on the Hatel Vista Del Mar project. Please address these items and submit revised plans as soon as possible. Action by the Site Plan Review and Appearance Board is tentatively scheduled for June 20, 2001. In order to remain on schedule, revised plans (including reductions} and additional materials requested should be submitted no later than May 30, 2001. [f you have questions on any of the comments, please feel free to contact the appropriate staff member directly. If i can be of any assistance ar you wish to meet to discuss these comments, please call me. if you are going to request waivers for any of the items in staffs' comments, please submit a written request and a $100 fee for each waiver. Thanks, Ron ') 1~ .; ••) Planning & Zoning Department MEMORANDUM TO: TAC FROM: RON HOGGARD DATE: MAY 13, 2001 RE: REVISED HOTEL VISTA DEL MAR The subject application and plans were reviewed for compliance with the land development regulations. The following technical comments will need to be addressed and revised plans submitted before the project can proceed to SPRAB of approval: 1. A photometric plan needs to be submitted indicating the ligh#ing levels in the garage interior and at the property lines through openings in the garage. Please be cognizant of the impact on turtle nesting. 2. A drop-offltemporary parking area for guests to register or drop off luggage .should be provided. The site plan has a handicapped space- in the drop-off area and limited stacking. 3. The parking space west of the ramp encroaches into the required 5' landscape strip. It also appears to have poor visibility. Please indicate the height of the adjacent wail along the ramp. 4. It appears that the parking space at the bottom of the parking ramp is too close to the ramp and visibility may be a problem. Please indicate the finished floor elevation of the parking floor, the ramp grade(s) and the height of the wall adjacent to the ramp. 5. Show the placement of columns in the garage. Please note that columns cannot encroach inta the required parking spaces. 6. Pursuant to LDR Section 4.6.9.(D)(c}, a 24' wide by 6' maneuvering apron is. required at the end of dead-end parking bays. This has not been provided on the parking floor. 7. Eliminate a parking space at the end of dead-end bay on the parking floor to provide a means to turn around if the garage is full. 8. Three (3} handicapped spaces are required for parking lots containing between 51 and 75 spaces. Only two (2) spaces have been provided on the site plan. 9. Pursuant to LDR 5ect'ion 4.6.10(D){1), 12' of vertical clearance and a 30' maneuvering apron must be provided. There is only 11'-6" of vertical clearance provided and the maneuvering area is inadequate with only 20' of backup area provided behind the space. Additionally, hotels between 2D,DDD and 100,000 square feet must provide 2 berths. The second loading space may be waived by the Board with documentation. A waiver request and $100 fee is required. 10. The elevation at the top of the pool deck is given as 49'-6". This puts the building height at 51' above the crown of the road. The maximum height permitted is only 48'. Use area is not permitted above the maximum building height. There are also .storage areas provided on the roof. Additionalfyy:from the finished floor elevations provided, it appears that the pool is only 3' deep. Please clarify. 11. Indicate the route to the rear stairway from the pool area. 12. Submit the proposed color scheme for the building. Please complete and return a SPRAB Elevation application with the provision of color samples: 13. The traffic statement must be revised to include the trafhc generated by the restaurant in the analysis. 1lmisrv0091hoggardlwuudatalstsff reportsltac review vi&ta del mar hotel rerrised.doc -~ ..~ Ta: Ron Haggard, Senior Planner From: Jerry Sanzone, Chief Building OfFcial~--~J Date: 05/90/09 Re: Hotel Vista peI Mar Some of fhe consideration that we have to look into is creating. the underground and parking so Gose to the adjacent building. The structure adjacent to the underground excavation must be designed so that the structure can accommodate planting at street level. The plans are not detailed enough to give a grea# deal of scrutihy. The above comments are thoughts based on the lack of detaiis in the plans reviewed. • Page 1 ~~ 1 MEMORANDUM To: Planning & Zoning Department From Robert A. Kussner, .Landscape Inspector Via: Nancy Davila, Horticulturist Re: HOTEL VIiSTA DEL MAR Date: May 2, 2Q01 1. There is a water meter, catch basin and various other proposed items that are in conflict with the landscaping. Site lighting should be shown on the landscape plan to avoid additional. conflicts. 2. Sod is proposed along the south side of the building. Because of the height of the wall and building, sod may not be the best. choice for that area. Other alternatives such as ground cover should be considered. 3. The applicant shall provide an underplanting beneath the Sabal palms. 4. Per 4.6.16(H)(3j {d) one tree shall be provided far each twenty-five (25) linear feet or fraction thereof to form a solid tree line along the south and. west sides of the site. 5. Per 4.6.16(H)(3)(d) aplanting strip at least flue (5) feef is width is required to separate the vehicular use area from adjacent property. Within this strip a continuous hedge and one (1) tree for each thirty- (30) linear feet is required. This landscape barrier has rat been provided along the north perimeter. 6. A Coconut palm and Dune Sunflower is shown within. an island that is apparently under a roof. Please clarify. 7. Per 4.6.16(H}(4){d} foundation landscaping shall be provided for building elevations that are visible from adjacent rights-of--way. Though this rule applies to existing structures, it would be reconxn:~ended that the applicant provide foundation planting .along the east side of the restaurant. The proposed landscape area along the south side of the prog.erty does not work with the trees and shrubs being planted over .a roof. There will be an insufficient depth of soil for the plants to survive and drainage will be a problem. Tn addition, no room is-being provided for the tree canopies to expand. 9. Because of the height of this building, the vertical landscape elements will need to be very tall in order to be in scale with this structure. aa,x: X1:lkussverlwwdatalhotelvista del mar3.doc y `.` •. DELRAY BEACH FIRE DEPARTMENT TAC Pr©3ect Review Checklist 1. Project Name: Hotel Vista Del Mar 2. Location: S. Ocean Blvd. 3. Are fire flaw calculations provided? Y N ~ NA Is adequate fire flow for the size and type of development available? Y N NA Comments: 4. Are dead end streets or cul-de-sacs. included on the site plan? If so, is adequate access to buildings, turn around radii, etc. provided? Y N ~ NA Comments: S. Fire Hydrants: Is 500 `maximum spacing provided in single family or duplex areas? Y N NA ~ Multi-family, 2 stories or less 400' maximum? Y N NA ~ Multi-family, 3 or more stories, 300' maximum? Y ~ N NA Commercial or Industrial 300' maximum? Y 1V NA Are hydrants provided on bath sides of the road? Y N ~ NA No obstructions within 5' of the hydrant? Y N NA 6. Will the proposed development have an adverse effect on the Fire Department's ability to provide service? Y ~ N NA Comment: The fire department will not be able to pull the rescue vehicle. off the. roadway. Hence, S. Ocean blvd. will be blocked for any emergency response by the fre deparment and will subject fire department personnel to possible injury by passing traffic. Space shall be provided in the south parking lot adjacent to the hotel, and designated as fire vehicle parking only. This space can be used by-the responding fire department engine company. ;:`~ , 7. Other comments: 1. Standpipes shall be installed in both stairwells from the underground parking to the roof. 2. Indicate on a drawing the location of the fire pump. . 3. Indicate on a drawing a ~1 haur fire rated wall with double doors extending diagonally across the lobby between the stairs and the exterior wall for the unloading area. 4. Roof plan -how are occupants to access the stairs on the S W corner of the roof? 5. Drawing A2.01-change the NFPA 1 U 1-1997 to NFPA 101-1994. 8. A fixe suppression system is required to be installed? Yes ~ No 9. Afire- alarm .system is required to be installed? Yes ~ No NOTE: IF A BUII~DING/STRUCTURE REQUIRES A FARE SUPPRESSION/FIRE ALARM SYSTEM, THE DESIGN CRITERIA FOR THESE TYPE SYSTEMS SHALL BE SUBMITTED WITH THE DRAWINGS FOR THE BUILDING PERMIT. THIS REQUIREMENT IS PER FLORIDA STATUES 553.79{2), 553.79 (6}(C) AND 633.551.. Review completed by: Signature: Gerald Van Gelder Date: May 3, 2001 ', `~1 ~: ' City Of Delray Beach Department of Envrronmentai Services T.~C COMMENTS TO: Ron Hoggard, Senior Planner FROM: Barron. E. Caronite, PE, Assistant City Enginee DATE: April 30, 2001 PROJECT: Hotel Vista De[ Mar ACTON: Site Plan The subject application and plans have been reviewed far minimum technical compliance with the City of Delray Beach Land Development Regulations. Receipt of Site Plan Approval does not imply that the applicant has submitted a complete set of construction drawings nor fulfilled all the conditions of Site Plan Approval. All technical compliance comments must be addressed prior to issuance of a construction permit. Due to the preliminary nature of the information provided for minimum technical compliance, additional comments may be generated upon submission of construction documents to the building department. Technical Comments: 'I . Provide FDOT driveway connection and drainage permit. 2. Provide drainage calculations and exfiltratian test results. 3. lndicate sight distance at egress drive to Salina Avenue. 4. Provide pavement marking and signage plan with special detail for A1A entrance. 5. Indicate if building will be sprinkled. 6. Indicate how water and sewer service is provided to the s#ructure and that sufficient capacity is available for the number of units proposed. 7. Provide paving cross section, type "d" curb detail, and standard city utility details as required. 8. Provide typical cross sections at North and South property fines. 9. Indicate proposed finished fiaor elevation of structure. file: s:lengadminltaclhotel vista del marlreview03.doc Printed: 4130101 _ , ," "~1 DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Ran Hoggard Senior Planner FROM: Ofc. K. Anthony Durante Delray Beach Police Community Patrol DATE: March l S, 2001 SUBJECT: TECHII~IICAL ADVISORY COMMITTEE.: CPTED REVIEW VISTA DEL MAR RESORT Parkins Lot • Based on the latest plans, the rear parking area and any cars that would be parked there would be screened from any natural surveillance- by the 5' wall surrounding the property. The plans do not indicate the type of gate that will be used for the Salina AV exit. It will be important to have gate (perhaps a remote controlled roll--out) that will prevent unauthorized use/access to the parking lot through the exit by vehiculaz and pedestrian traffic. ~. • Because the parking area is not enclosed, unauthorized access to the space from the sides is a concern. The planners should consider the installation of a decorative fence between supports along the south ead-noxt~i side; of the parking lot. -- e ROBERT G. CURRY ,~ 3RTNERSHIP ~' ~ ~ Robert G. Currle, AttA f .. ~•Ac~cliiitects, Planners & Ynterior Designers ~ ~• .. ~ , ~ Jess M. ~owai ds; AIA na-aooz2n ': - . - ~ . Zos~ N. Agreila, AYA '.. r . May 29, 2001, . Mr. »on Hoggard, Senor Planner • Planning and Zoning Department ~ - . _100 NW ~~. Avenue Delray Beach, Florida ~33~4.4 ~ ' Re: .Hotel Yfsta deb Mar . ;~r~,~cct No. 000601: ~ . Dear Ron: This will Serve a5 the written responses to the comments faxed to our office on May 11, 2001, on the- above referenced project. p~ MEMO TO TAC . 1: The attached revised set includes a photometric plan. 2. The drop-o#'f area has been redesigned to accommodate guests by the main entry lobby. 3. The western most parking space-does not encroach into the landscape str(p. The wall along the parking ramp i5 foil height. 4. Even though this is a tight~area, the parking space nearest the ramp does not pose a concern'to the designer. The finish floor elevations are indicated on the plans, as well as the height of the side walls and railings. 5. The column placement are (nd(cated on the plans, and we see noth(ng in the code that states that we can not encroach into the parking space. E. Aback-up area has been located in the parking garage area. 7. A maneuvering space has been prov(ded in the garage area. 8, Three (3) handicapped parlc(ng Spaces are now Indicated. 9. Twelve (12) feet of vertical clearance has been prov(ded, and a wider maneuvering area has beeri provided. A5 to the second loading space, we will seek a waiver by separate cover. 1D. The pool has been lowered to comply w(th the L17R's. 134 NortheasE 1st Avenue, Delcap Beach, Florida 33444 Telephone; (561} 276-4951 Fag: (~6T) 213-S1$4 E-mail: rgcp@curriearc.coin ALA. Florida Firm of the Year 2000 `~ r_1 11. t~efer to the roof plan for access route from the pool to the exit stair. 12. See attached color Selections for the exterior elevations. 13. The traffic review includes the restaurant in the calculations for the hotel, Since it iS not uncommon for a hotel to have a restaurant. Our traffic engineer has indicated that he included the restaurant in his analysis. BUILDING DEI'AKTMENT MEMO 1. We are discussing a chemical grouting process far Soil Stabilization of the adjacent properties. This i5 a proven method used'in the building industry and we will be glad to provide a specification for review by the Building Repartment if requested. LANDSCAPE 1. Utility locations have been indicated on the landscape plan and coordinated with the landscaping. There is no -site lighting proposed except inside the garage Structure. 2. Sod has been removed and ground covers provided. 3. Underplanting provided. 4. palms have been provided every 25' oc: 5. 'this requirement does not apply to this zoning district. 6. izemoved ' 7. The owner does. not wish to provide foundation planting in this area. S. iZa€Sed planters are being provided on the roof deck to allow sufficient planting depth and existing taH coconut palms are being used 5o there i5 adequate aria for canopy. 9. E=xi5ting mature palma are being used to provide the vertical Scale needed. FIRE DEPARTMENT 1 - 5 No response 6. A5 requested, a space has been indicated on the south property for Fire pepartment vehicle use: See Site plan. ~. ._. .. 7. Other comments: 1. Standpipes will be provided (n both stairs as requested:, 2. ~ Anew fire line has been indicated along the South west corner of the property. The fire pump will be located on the roof, adjacent ~o the South west stair, See roof plan. 3. tour inierpretation v~~ the code i5 trtiat crTly.one~ dir°ec;t di5charge tp the exterior i5 - required. The South west Stair serves that purpose. The lobby Stair i5 allowed to be a5 designed, allowing for di5charge into the lobby prior to exiting to the exterior. Please advise if you do not concur. 4. See new walkway on the roof plan. 5. Plan 11x5 been revised. ENGINEERING - ~. To be provided with the permitting process. 2. Drainage calculations are attached. 3. Sight distance requirements of the code have been ~compli.ed with. 4. See revised civil' plan. 5. Building wild be sprinklered. Anew fire riser is indicated on the south west corner of the building. 6. Water and sewer locations are indicated Gn the i°evi~ed p[an5. 7. Anew detail i5 indicated on the revised plans. 8. See neW Site crQ55 Section Sheet in the resubmitted Set of plans. 9. A!I proposed finish door elevations are indicated on the revised plans. F'0l.ICE Tf1e police comments appear to be for the property on the west Side of Salina. Th€5 i5 not a ,parking lat. Any required supervision will be by tfle ho'Cel operator. '~~ Please feet free to contact this office if you need any additional informatiari, in the mean time we anticipate the meeting. of June 20, 2001 with SPRAB. Slncereiy, R013El~1" G. CURRIE FAR~IJERSHlP, if~C. ~ ,. JoS~ Aguila, AlA Principal Copy: Capano Ftle 00.060 j;1oo0.6011Iattcr5tsprali ron D5290t a' •° •••.•,•nwt~ YR7lGL. 5'•3o,ot t~t~. ROOF Y~~iue ~R~~t COLQR S`'~lPLESIFlNISHES SC"DULE ..,. ATTACH SAMPLES ATTACH SAMPLES BaNat~nA, AWNINGS P~.Tn~. c~~y ~aT L04u1lJ~ ' WALLS ~ - ' RAILINGS 5l31.~~bry Y~LLD~f ~V~~x~, '~vE 8M Z lSS-Sa ~ 8M 7.oG6-Zra i FASCIA DOORS A.T~11~M 1~likTE. d'L~tvM kfk~t~ BM ~Ed~ M-`~ $M KEdO~ MtY WINDOWS SCREENING ~~« (PATIO/POOL) COLUMNS C.~ST coau-s~ a ATTACH PHOTOGRAPH OTHER ~..~ A_ ~~raid s. church, P.E. Consulting Ch-ii Engineer 103D S. Federal Highway Suite x.18 Delray Beach, FI 53483 Ph/Fax 1561) 2fiG 9520 1~ lz, Zoos RE: Traffic Statement -Hotel Vista Dei Mar Interior 8tacidng The entry to the haGd provides for two parking stalls for at the hotel, a total distance from the Right-vf Way of 48'. Ia addition, there xs a 2U' driving aisle for other vehicles entering and leavi~ag the itvtel at the east-end There is also an entry and exit at the rear off of Salina Avenue. Attached is an.analy~sis ~ the Peak Hoar Driveway Turning Movements. This is a worse case silvation whereby alI traffic uses fire main euary ~ A-1-A. The tunni~ag mo~venients indicate that ~ additiomal turning lanes are regained The P.M Peak I'Iaa: of Adpceat Street Trafc is z9 entry' move, which averages out to be one vehicle every iwo minutes. Par a hotel with 71 moms the trip generation rate per mom per day is 8.7d Trips. Of these trips, the maximwns for entry and tmlaading would be only one trip Per dap. Therefore the maximum trips for catering the hotel and requiring haggage would be 71 trips, ass®ning a daily trunover of all hotel raom~c. {Nate brat this is the most conservative appcoaclr since the hotel is a resort hotel where the usual stay is in the order oaf five days). ^suallp persons taming to a hotel will sign in during the hours from Z:00 P.M. urrti18:00 P.M., though the timing could be longer; Oa an average theme would be 12 trips during a oao-h~ period that would require drolroff parlang at the hotel. This allows five minutes for unloading acrd parking 1?~ vehicle. There are two drop-afi' paring stalls, which, is cod adeq~mtc for the prapo~d hotel. In the event that drop-off parking was occupied, a vehicle could by~mss the parking spaces and enter the garage area where unloading could still be aocorpmadated at the Unloading Zone. Prepared lry: Gerald B. Cbarcly P.E., 5111101 ~~ Y ._ / ~~ HdTEI. A.Af. PrEi~K M~fI4R G~ A~tNQEM 51RlEEr r~x Q~ Ti~s/J4onm - GC67 x 7 ~ ~8 Tngpr Tex aTOa~wc ~ sax = z4 r~ rra~~c onrnnRC .. ~a~r = r~ r-~. HDTFl P.1iE Pfi1K HdUFt aF' AfJ4t1CkIVT STREET Tl~F7~ d ~ Ti~/R~ ~s4r~ - r~rac oirr~ _ ~ = zs rr~s Tla1FF1C DfI11rMG a 4~i ~ 25 Tl~! ~~ ~y +Mr .~ (,Z9)BIm4CKET fKs'f~ES ASE A.~ PEAK HDIJft 25 (i8 Oflf' DdaL•L"I110MiAL SPAT ~` ~, SP1JT 7~7 7 (B) O[!T 8 (S) M 20 {2a) 1N 1B (f~) OIIT PEAK SDUR DRIVEiP~4.Y TURNING 11~OYE~IfENTS c. ~. cHUac~r, ~.~. ca~su~.n~c aaNe~ A-1-~r1 TRAFFIC IMPACT STUDY HOTEL V15TA DEL MAR DELRAY BEACH, FlARIDA o~r~ os/~1/as FlC. N0. 1 - ~ ~ . ROBERT'G. ~CLTRA"PARTNERSHIP ~ -- .. . - - ~ Architects, Planners & Interior Designers ' ~ ' . ~ ~ ' AAO(10227] June 13, 2001 hilt. Ron Hoggard, Senior Planner Planning and Zoning Department 100 NW 15`. Avenue i.'e.r:; Beach, Florida 334-44 Re: Hotel Vista del Mar t'raject Na. OO~6D~ Dear Ron: ~- '• L . _ RoberE.G. _Ctirrie, AlA " Jess M.~Sowards, AIA Josh N. Agnila; A]W This will Serve as .our formal request fora .waiver of the required five (5) foot Sidewalk on Salina Avenue. A5 you know, there i5 no ability for an extension of the sidewalk to the north or South and as Such, the sidewalk forthis proposed project would be moot. In addition, the code requires two loading spaces for this project, and we have only indicated one. Based an the requirements of the hotel operator,. and our experience we are of the opinion that for this project one wiH be 5uf~icient. The time of loading operations will be controlled to limit the impact on the guests~and general public. I am attaching the required check, payable to the City of Delray Beach. We request your favorable recommendation to the above. . Sincerely, ROI3ERT G. CIJRRiE PARTNERSHIP, INC. .~ ~~ L Jose Aguila, AIA Principal Cody: Gapano File 000601 j;10~06i01VeCtervslron D613D1 ... w" ~ ~ ~. a 1.34 Northeast 1sY Avenue, Delray Beach, Florida 33444 ~ Telepbo~ue: {561) 276-4951 Fax: {561) 243-8I84 E-maiE: rgcp@curriearc.caxn AIA Florida Fiirm of the Year 2080 ~~ ~~) _~ .,, ~~• _ : ~ ', "~'r''r, d: i_ :~ . 9; } _?. f' aco.~- ~•~ ~~ ,~~ ,.-.~ ,,~ :' ~+ Y f ~ w /• •. „~ 5PECIAL COURTESY NOTICE TO YOUR NEIGHBORHOOD ASSOCIATION TFae purpose of this special courtesy notice is to inform you that at its Meeting to be held on WEDNESDAY, JUNE 20, 2DO~I, the Site ~fan~ Review and Appearance Board will consider a request for site plan approval for Hotel Vista Del Mar. The meeting begins at fi:30 p.m. and will be held in the Commission Chambers, City Hall 100 NW 15t Avenue, Delray Beach, Florida. The following is a brief description of the project. The plans are available for review at the Planning and Zoning Department.. If you would like to obtain additional information on this project please feel free to contact Senior Planner Ron Hoggard, at 243-7040. If you cannot make this meeting but would like to be heard on the project, you may submit your comments as follows: _ - By phone at (5fi1) 243-7040 - By fax at (561) 243-7221 - By a-mail at pzmail@delrayplanning.org - By regular mail at 100 NW 15r Avenue, Delray Beach, FL 33444 The subject site is located on the west side of Ocean Boulevard, approximately 300 feet south of East Atlantic Avenue {fi4 South Ocean Boulevard). The development proposal involves the demolition of the existing Bermuda Inn Hotel and construction of a 5-story hotel containing 71 suites. A 1,333 sq. ft. restaurant is proposed on the first float. A parking garage is proposed on the ground and basement levels. Amenities include a private gym/spa and rooftop swimming pool. Date Mailed: June 14, 200'1 ~-~` - .~.., ~ r .1 .~ ..: no~AC, w eo-or z ~. ~ a 3 LO WRY t~.E. ~sT ST. = W a ~' DELRAY VETERANS PAI?K ~ ,,~JMMIT w a ATLANTIC ~ CONDO w N PLAZA W S.E. ~" w,aTERwAY EAST ~= COMMERCIAL "'x"""10 r~~ GONDO m a BARB v TERRACE canrDO A T L A N T I C Q ~n Q O LU ~' v~,wr ~~~n 8AR o cRROn+s ~~ HARBOUR OOfm° CONDO MIRAfdAR STREET tit7nar f j ~ ~ ~ eeuse 1 1 1 1 1 YAdfT Q 0.~ 1 Ll7NDG a~aa so~n+ coewo uueor BERKSHIRE i BY THE SEA Q GROSVENOR O z H MANOR HOUSE CONDO FIRE sra. rvo. 2 a 0 DELRAY BEACH MARRIOTT A V E N U E ~,, ~~ ~ hws~ ~ ca+oo DOVER HOUSE CONDO OCEAN ALACE CONDO I xutaERtra ~° I ~ Z R A I ING AH M Q „~ ~ ~. , JARDIN DEL MAR w "-'~'." C0ND0 CONDO a OEIR.Y atu+ wlws OCEAN 7EFiR. U TOWERS ~ ""~ ~ u A S T W . T OF WINDEMERE HOUSE CONDO ~E"A~~ STREET ~~ '~ N -~- HOTEL VISTA DEL MAR CITY DF DELRAY BEACH, FL PLANNING do 20NING DEPARTMENT -- D!G!>•AL 645E Al4P 5Y5TEAf -- IifAP REF: LM525 N:• X0955 ~ase~ ---- ._. -• .. , --; :.~.~~~_ ..,, --_; .- . . _ _ - - ^_.. _ ._. _ .. - - .I, ~ sla4P7 ssa~pPy ®~~Ab-~ + R ~ . ~OHIiT BENNETT ~ . -~.•# ~i ~ PROD•AND BEACH PROPERTY ASSN GRADY SCOTT D , ~ E ;AVENUE . 72 S OCEAN BLVD ~6 • ~~~ L , FZ 33483-7017 DELRAX BEACH, FL 334$3 - ' DELRAY BEACH 1 e o I! ~ P • '~ KEVIN WARNER ~Eall~f~(~ V~AiMAR7~'NA~st RVENUE ~ F3ELRAY S-EACH, F~ORlQA 33444 • 56~~~43-7QQ~ 248 VENETIAN DRIVE ' DELRAY BEAC$, FL 33483 1993 BILL WOOD - DELRAY BEACH CH.A?~BEp~ OP COMMERCE b4 5E 5TH AVENUE DEI'RAY BEACH, F1. 33483 CAROLYN ZiN.QfERMAN PRESIDENTS COUNCIL 212 SW 2ND AVENUE DELRAY BEACH, FL 33444 BRANNEN GEORGE W & PATRIGLA 1212 BATAViA AVENUE G$NEVA IL 50134-32x4 BELLANTE DANIEL D ' $09 N 0 STREET f. LAKE WORTH FL 33450 BELLANTE DANIEL & PAMELA REIDER 5 NE 2ND ST ,~ DELRAY BEACH, FL 33444 CURRIE ROBERT G 75 S OCEAN BLVD #F4 = DELRAY BEACH, FI, 3348.3 GP~~CEI' *~ THEW 3R 1109 HARBOR DR _ , DELRAY BH<9CH, FL 33.4$ ~°°_.-~"""~ f r ~... g _ r - .~,a r" ~ L l•~,~, f' • .~. ~..~ ,~ ~~t:~:~~i ~~1F~E3a~3.cR ' ~G ~~r-~^T fx~Lt+lrA?`S E~~.='~TT~. ~... ~ ^. i -- /~ I BEACH PROPERTY DUw.~:~:=SRS ASSOCIATIDN, INC. ~r ~ - ~~_ -~` po. sox ~7~ 'yam ~`"' ~' DELRAY BEACH, ~LORICA 337 /~~wne_ -~00 ~~~~ ~~ ~ ~~~~ ~ ~, ~ w sV;~: ~ ~~~~r~'~`~ ~- " ~~ ~ ~K nut ~'i- ?~ .~ ~ ~ ., ~~~~ Cam- ,%~~~~~.~..yy ~}~ ~ ~~~,~~ ~ /J ,~ - °~ -.yam j /~s~~~ c~i J: G~ _ !~J -~~.- Xc c~ ~v eau. ~~ ~ ~~ 2 ~7 ~.! ~ ~T~zr~ ~--~~ C~~ chi c~ ~ ~ ~.1' ~~. ~. f~-r cam. y~ °~ -sf'~` ~;._~ r~~~^-- --_~`` _ _ A CORPORATION NOT F.OR PROFIT t ._ .-. ..~~~. _ .. - ~ 2S% c~-~ ~~~.~ '/ ~. ~ _ ~ ~ f~i~ ~ ~ Gam, ~.,,,~~ ,~ ~ r~ /~ M7 rye ~ ./~ ~ ~`~' 7 - ~Z. ~°'~~ ~~~ ` ~~-~ G~.' Gam,/ ~Z.G-r.~ fvytc.~ ,/~ ~~A / , it/~/7 i/Narn, 1.;..~u a( ~cf COG J G.~ ,'/ ~ ¢ .~~.•~~ Gi' ~~12~'?~~ ~'~ •s ~~ ~~ ~ ~ ~~ X17- !/~ O ~~~ Y ~J rt~C. / _ ~,~-~ C.~ ~~ c ' mac- ~ ~~..~`U ~~ J dr e~-`~- ~~"c~~ ~_ • ~~ .:~ W `tr ~t. ~Q~ G~G~ ~ ~ ~v2~p l~l~ ~~ ` ~ ~~ `~`~.° ~/ L--L ~. ~ `"~` ~~ `.~~ c i i' ~ a ! ~~_ ~' ~S ITS PLAN REVIEW AN D AP P SARAN C E BOARD GfTY OF DELRAY BEACH --'-STAFF REPORT--- MEETING DATE: .tune 20, 2001 .AGENDA ITEM: V.D. 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. co-oP ..~ aeRxsrrrR~ BY rH£ S£A GRO5VENOR 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 Atlantic Avenue. 0.412 Acre Commercial Core CBD (Central Business District} CBD OS (Open Space) RM (Multiple Family Resider~tia!- Medium Density) RM Two-story motel with pool Demolition of existing mote! and canstructian of a 5-story Hate1 (48' high to roof deck), with 71 roams, ane 1,333 sq. ft. restaurant, 89 parking spaces, roofi top swimming pool, private gym/spa and associated landscaping. Existing on site. Existing on site. GROVE GONDO 'PFINISH +M D£LRAY RIVER j - 11~ARR! r~so~r I ATLANTIC AVENUE peq Aiw~~e aF ~~ DOVER NOUSE GONQO~ ,~,! OCEAN PLACE 5 ~ CONDO p V ~ GOM ~wl ~I ~ ~ ~~~ # ~ JARDlN DEL MAR ~ `~. f CONYDO v '~ ~~ ~ ~ ~ ~. ~ i ~ I i I "" I I ~ ~~~ DNbO ~Sf LANlKAf VILLAS GONDQ ~ ay~ N ~, - ...~,~ nr: A R~ D ~ , ~ ~ ~ r ~ ~~ ~~ i~T F~ ~~~~BE j F O R E_~ T"~~ E B ~ ~ ~ y ~,: a r~ k~cs' `~3r r sf9^,: , ., ,~.e-K4.-'~ t~~ :-,.~~ r~,.,~., s ~- ^~; t nd., r ~3 .:i 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 Ocean Boulevard {A-1-A), approximately 300 feet south of Atlantic Avenue and is zoned CBD (Central Business District). _. } ~. ,: B A C=:K G ~t O_ U~' - t_~ ~~ y~ ' ~ N ~ - ~~ - a it ~_ The subject property consists of Lots 6-10, of the Ocean Park subdivision and is approximately D.41 acres in size. The site currently contains the Bermuda Inn, a 20 room, two-story motel (constructed in 1968), with a pool and associa#ed 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. A site plan application has been submitted to demolish the existing motet and to construct a hotel to be known as Hotel Vista Del Mar. This item is now before the Board for action. ~, -5 ,,~ ~F~~~ ~~ P RV'O JE ~~ T= D ~E S'~G~,R' 1 P T 10: N _ - -- - - - - The new hotel has a total of 71 roams, a private gymispa, a rooftop swimming pool and a 1,333 sq. ft. restaurant. There are a total of 59 parking spaces accommodated within the building on the ground floor and below grade. There are six floors, including the sub-grade parking Ievei. The building is.48 feet in height. ~. 1 = ~ ° Ty ~ S`tl~~ E: P L iA IV- ,A N l~ L,YS i S ~:~~; COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking fnal action on the site and development applicationfrequest 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. The proposed hotel is setback 5' from Ocean Boulevard. Since the rear of the hotel also faces a public street, Salina Avenue, a 5' setback has been provided in the rear. SPRAB Statf Repor# ~~, Hotel Vista Del Mar- Class V Si•~Man Approval Page 2 Normally, a side interior setback 'rs 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 Adjacent to Residential Zoning, a 10' setback is required where the rear or side of a commercially zoned property directly abuts residentially zoned property without any division or separation. between them. Since the adjacent property to the south is zoned RM, a 10' side setback has been provided. Since the property tv the north is also zoned CBD, a side setback has not be provided along the north property Fine. It is noted that Bahama shutters, installed on the north elevation, project 2'-4" aver the property line. Since, this encroachment onto adjacent property is not permissible, the shutters must be removed or an easement obtained for the encroachment. This has been added as a condition of approval. 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 4S' 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 action of the Site Plan Review and Appearance Board. This provision allows for elevators, stair towers,, cooling towers, and mechanical equipment to be placed on the roof. Several large towers are shown on the roof plan with no function indicated. As Hated above; areas for human occupancy such as storage, restrooms, etc., are not pem~itted above the maximum height requirement of 48'. The design of the building is such that there are a total of seven towers which project above the 48' high roof deck. The highest of these towers reaches a height of 63' to the mid fine of its roof and 65'-6"' to the peak. A decorative blue metal railing is provided between the towers on the east and west facades. The towers are also finked by an 8' high pergola. The design, size and placement of these elements gives the appearance that there is an additional floor' on this building, thereby adding to its perceived mass and height. To minimize this impact,. the height and size of the required appurtenances should be reduced. Those appurtenances which are not required should be eliminated. This has been added as a condition of approval. 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. No#withstanding the provisions of this section, the body acting upon a development application within the CBD may require tha# 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. 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. , ~ SPRAB Staff Report Hotel Vista Del Mar. Cass V S,•••;'i~lan Approval ' • Page 3 ' • 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, Eounges, 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 not been met as 62 spaces are required (71 roam x .7/room + 1,400 sq. ft. restaurant/1,000 x fi + 500 sq. ft. meeting rooms11000 x 10 = 63 - 1 space reduction =fit] and only 57 spaces (38 standard spaces, 1fi compact spaces and. 3 handicapped space) have been provided. The parking data table on the site plan indicates that 59 spaces are provided, the meeting rooms on the third and fourth floors were not included in the parking calculations and the area of the restaurant appears to be 1,400 sq. ft. The correction of these errors have been added as site plan technical items. Please note that the two drop-off spaces in front of the lobby seem to be indicated as parking spaces, when in fact, the drop-off area cannot be used to meet the parking requirements. In addition to the deficiency in the required number of parking spaces, there are a number of design problems that may result in a loss of several spaces. Modification of the plans to address these technical problems has been added as a site plan technical item. It is noted that any reduction in the number of parking spaces will require a associated reduction in the number of rooms ar other use areas. The primary problem involves the location of structural columns within the parking garage. Columns have been placed between parking spaces, but the size of the spaces has not been adjusted to accommodate the width of the columns. This results in spaces that are less than the required widths. If columns are 1' in width, as indicated vn plans, adjacent standard parking spaces will be reduced from the required 9' to 8'-6" wide and compacts will be reduced from the 8' to 7'-6" in width. This reduction is not permitted. Another problem is that columns are placed between the handicapped spaces and the required 5' service aisle. This obstruction is not permissible. Finally, there are a number of problems associated with the compact parking space located west of the parking ramp--a column is located in the space; a curb to protect the landscape area to the west has not been provided; and, the space is located immediately against the wall of the parking ramp which severely limits visibility. Handicapped Parking: Based on the total number of parking spaces provided, three handicapped accessible parking spaces are required and three have been provided. In addition to the problem with the columns discussed above, the location of the spaces requires crossing the main drive aisle to enter the hotel lobby. Although one space can remain on the south side to serve the restaurant, at least two of the handicapped spaces should be relocated to the- opposite side of the parking garage and a walkway provided to the lobby. This has been added as a site plan technical item. 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 does not meet this requirement. The maneuvering area must be located at the end of the parking bay, essentially extending the aisle 6' . ~ SPRAB Staff Report . ~`j Hotet Vista De! Mar - Class V 5,~.:"•~ flan Approval '~~~~. • Page 4 beyond the parking spaces. As depicted on the site plan, the rear stairs are located within this area. The site plan must be adjusted to accommodate the required maneuvering area. This has been attached as a site plan technical item. Loading: Pursuant to LDR Section 4.6.1 g{D}(1 }, a 30' maneuvering apron and 12' ofi vertical clearance must be provided for single unit loading spaces. The maneuvering area provided is inadequate. The loading space is located between a parking space and a wall which both extend behind the loading space. Even though there is 30'-6" behind the space, the configuration reduces the maneuvering area. t© only.20', since the vehicle cannot be turned until it is clear of the adjacent obstructions. Another problem with the loading space is the vertical clearance. Although the applicant has indicated that 12' of vertical clearance exists directly above the loading space, the design of the arches across the entrances- to the parking garage is such that the clearance below the arch is only 8'-6" at the edges. This makes the loading space inaccessible to larger vehicles. The design of the loading area must be changed to provide the required maneuvering area and the entrances must be modified or the height of the 15t floor increased to provide adequate clearance into the garage. This has been attached as a condition of approval. Hotels between 2D,DDD and 1DD,QOD 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 hotel operafor, and our experience, we are of the opinion that for this project, one will be suffrcienf. The time of loading operations will be controlled to Limit the impact on fhe guests and general public." In addi#iona! 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 ar 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 wi#h the residential development to the west. Therefore, no loading or unloading of vehicles is pem~itted on Salina Avenue. This has been added as a condition of approval. Fire Truck Access. Given the low vertical clearance under the building, the fire department will not be able to pull the rescue vehicle off of the roadway. Hence S. Ocean Boulevard would be blocked for any emergency response by the fire department and will subject fire department personnel to possible injury by passing traffic. Although the applicant has shown a space on the adjacent properly to the south for fire department use, no documentation has been provided.. An easement for the use of the adjacent property is required and this has been attached 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 trafil:IC statement dealing with the adequacy of this drop-off area. The analysis SPRAB Staf# Report :;.:-~ Hotel Vista Del Mar- Cfass V St'.'~fan Approval , Page 5 indicates that the maximum number of trips entering the hotel requiring check-in and baggage drop-off would be 71 per day, assuming a daily 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 a one-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 either 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 c~~stomers of the res#a~.irant and s~~rrounding businesses. lf,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. The function of the building could be improved by moping the building back from Ocean Boulevard and utilizing a circular entrance drive with adrop-off area. This would improve the stacking area, and allow fire truck access to the site. Point of Access: Pursuant to LDR Section 6.1.4{C)(1), the minimum width for anormaltwo-way driveway is 24'. In instances where there are no points of conflict in the immediate vicinity of the driveway and the internal circulation system, the width may be approved at a minimum width of 20'. The main access drive in front of the building is only 20' wide and there is a point of conflict with the drop-off area in front of the lobby. Therefore, the driveway width must be increased to 24'. This has been added as a site plan technical item. 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 drNers to spot oncoming traffic. These triangles are required for walls, fences, and landscaping. The visibility triangle at the garage entrance on Salina Avenue is approximately 13' 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 signifcarttly 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 properly for another applicant or owner. The building setback an Salina Avenue is 5'. Since the driveway entrance on Salina immediately enters the parking garage, the walls of the building (exit stairs and parking ~SPRAB Staff Report ::'1 .,.. Hotel Vista Del Mar- Class V Sit_~~~lan Approval Page 6 ramp wall} encroach into the required 26' visibility triangle. Salina Avenue is a narrow roadway which dead-ends approxima#ely 15g' south of the subject property. The 13' visibility triangle provided is adequate given the low speed and limited traffic on this roadway. 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 #o the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(6){5), can be made. Sidewalk: Pursuant to L©R 'Section 6.1.3(8}, a sidewalk is regdired to be const~~~acted 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 Avenue. Pursuan# to LDR Section fi.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 installa#ion 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(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; 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. Back-out parking exists along both sides of this roadway and there is not room to install a sidewalk within the existing right-of-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(6}(5), can be made. Reduction in Right-of--Way Width; Pursuant to LDR Section 5.3.1(D), the required right-of way width fiar Salina Avenue is 60' and a 21.43' right-of-way currently exists. Pursuant tv LDR Section a.3.1 {D}(4}, a reduction in right-of-way widths for existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group {DSMG). The DSMG recommended that reductions in right.-of-way width for Salina be granted. SPRAB Staff Report Wotel Vista Del Mar -- Class V S~. ~::' ~~ Ian Approval ~: • Page 7 . . Site Lighting: Pursuant to LDR Section 4.6.8, site lighting must be provided within the proposed parking area. A photometric plan for the parking levels has been .provided. However, the location of the project also requires compliance with Sec#ion 91.51 of the City of Delray Beach Code of Ordinances, Lighting Restrictions Along Beach, s#ated as follows: "No arfificia! lighf shat! illuminate any area of fhe beach which is used for turtle nesting and hafchGngs. !n order fo accomplish this, al! lighting shall be shielded or screened so thaf fhe light is not a visible source from fhe beach during fhe night period from April 1, to October 39 of each year "Night Penrod" is defined herein as being thaf Elms from dusk to dawn. The locafion of fhis projecf requires that a lighfing plan for the building detailing all exterior frxfures be provided." A complete lighting plan for the building indicating the location and fixture details for all sighting sources which could be visible from the beach is required. This includes interior 1•ixtures 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 tv screen lighting sources. The provision of this plan and mitigation details has been added as a condition of approval. Trash Compactor: An enclosed trash compactor area with atoll-down gate is provided under the roof on the first floor. As depicted on the plans the service of this compactor will be from Salina Avenue and the only access to the enclosure is via the front roll-down gate. The use of the gate facing Salina Avenue- whenever trash needs to be deposited in the compactor is `inappropriate. To reduce the impact on the residential properties to the west, additional access to the compactor must be provided. This has been added as a conditional of approval The parking space on the side of the enclosure could be eliminated and an auxiliary opening could be placed in the side wall of the enclosure to allow less intrusive access or a chute system could be installed in the building to dispose of trash without going outside. 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. The subject property is located within the TCEA area, and a bike rack has not been indicated. Provision of a bike rack has been listed as a technical Item. Site Plan Technical Items: While the revised site plan has accommodated most of the stafF concerns the following items remain outstanding, and wi[I need be addressed prior to issuance of a building permit 1. That drainage calculations and exfltration test results be submitted; ~PRAB Staff Report ;^ ;~ ..~.r1 Hotel Vista Del Mar - Class V $~~'::: Flan Appro~ai ~':: ,. Page S ' 2. A note must be placed on the plans s#ating that ail utilities will be placed underground; 3. The applican# shall provide fire flow calculations prior to permit approval; 4. The fire pump room cannot be located on the roof of the building; 5. The finished floor eleva#ions shown on the preliminary engineering plan do match the other plans. Revise as necessary so that all plans are consisten#; 6. The sidewalk must continue through the driveway entrance on Ocean Boulevard. 7. Indicate the function of all rooftop appurtenances (towers) on the plans.; 8. The area of the restaurant is shown as 1,333 sq. ft. but it appears to be approximately 1,400 square. Verify this figure and adjust the plans as necessary. 9. The parking data on the site plan indicates that 59 parking spaces are provided when in fact only 57 spaces are shown on the plan. The meeting rooms on the third and fourth floors were not included in the parking calculations. The table must be revised to make these corrections; 10. Modify the plans as necessary to address the problems with the parking design identified in the parking section above; 11. Relocate at least two of the handicapped spaces to the opposite side of the parking garage and provide a walkway to the lobby; 12.A 24' wide by 6'-deep maneuvering area must be provided at the end of the parking bay on the sub-level; 13. Modify the plans to increase the main driveway aisle from 20' to 24 ;and, 14.A bike rack must be provided. As stated earlier in this report, there is no minimum open space requirement within the CBD zone district east of the [ntracoastal 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. The mains entrance to the building is on Ocean Boulevard. Coconut Palms with Dune Sunflower underplantings and a backdrop of purple Crinurn Lilies will be located on either side of the building facing the street. The Coconut Palms are relocated from elsewhere on the site and are fisted as having 6' of clear trunk. Given the height of the building, the vertical landscape elements need to be very tall in order to be in scale with the building. •&PRAB Staff Report ; •"'; Hotel Vista DeI Mar - Class V S.::~:~;jlan Approval .-~ Page 9 ' These Coconut Palms are much too short and should be replaced with taller trees. A planter will be provided under the building in front of the hotel lobby with 3 European Fan Palms, Variegated Arboricola, and Pathos Wines. Additional vertical elements are needed along the front facade to provide balance and detract from the mass of the building. A pair of Coconut Palms with Dune Sunflower underplantings should be added on either side of the entrance drive. Aline of Coconut Palms are proposed along the south property line in a raised planting bed over the sub-level garage. As Hated above, these Coconut Palms are much too short for the scale of the building and should be replaced with larger trees. Triple trunk Pigmy Date Palms will be 1^cated between the.Cacon~t Palms with~Xanad~.end Boston Fens ~+vill. be utilized for ground cover in the area. Four booted Sabal Palms with Fakahatchee Grass are proposed along between the south property line and a walkway along the south side of the building adjacent to the restaurant. The depth of the soil in the raised planting bed along the south property line needs to be increased to 36" to accommodate the proposed trees. A 5' landscape strip is provided along the west property line between the building and Salina Avenue. Double Alexander Palms and a Redtip Cocoplum hedge will be provided within the landscape strip. Although much taller trees would be preferred adjacent to the building, it is not possible within the 5' provided. if in addressing the other issues contained in this report, the building is set back farther from Salina Avenue, taller trees such as Washingtonia Palms should be substituted for the Alexander Palms where possible. A Variegated Arboricola hedge and a mulched planting bed will be provided between the trash compactor and the wall along the north property line. This is the only 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 4.6.96. Landsca a Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. Increase the size of the Coconut Palms used on the site to be in scale with the building; 2. Add a pair of Coconut Palms on either side of the main entrance; 3. increase the depth of the raised planting bed along the south property line to 36"; and, 4. The Alexander Palm trees should be replaced with taller trees such as Washingtonia Palms where possible along the rear property Iine. ~, o. ASR C H JST, E, C, T l~ R4;~!~~-~~ :~~'~ E~ V_A T ~ ~~ ~N S ~ ~' ~_. The proposed architectural elevations are in a modified Italianate style with eclectic design elements. The first floor of the east facade consists of a series of three arches supported on large columns along Ocean Boulevard. The central arch provides access to the parking garage. Sidewalks are provided on either side of the entrance road with the hotel lobby visible through the north arch and the restaurant visible through the south arch. This facade contains a series of step backs from north to south which follow the angled front •SPRAB Staff Report .: Hotel Vista Del Mar- Class V 5::~.~~:alan Approval •'~' ~~•~~ Page 10 property line. The first floor is capped with a comics and decorative brackets. The next four floors contain the hotel rooms. The design is repeated an each of these floors. Raised white banding is used to separate the floors and a flat wider white band is used along the roof fine. The wall material is cast coquina, painted yellow. Each hotel room has a balcony accessed by a pair of white French doors with an arched top. The balconies project slightly from the wall face and are wrapped in blue bowed metal railings. The windows, which are painted white, are covered by green Bahama shutters. Three large towers extend above the flat roof line. They are painted yellow at their base with white above and have hipped green metal roofing. The two side towers have green round louvers on the wall face and the center tower has a larger arched louver. The area between the towers contains a flat roof with a decorative ,blue ,metal railing. The towers are also linked by a pergala with a Uctorian design. As stated earlier in this report, the height and size of the required towers should be reduced. Those towers which are not required for appurtenances should be eliminated. The pergola is placed above the allowed height limit and should also be eliminated. The same color scheme and architectural details with some variations are found on the north and south facades. To maximize ocean views for the hotel rooms, the walls have a saw tooth design with angled balconies extending out from the building. Pergolas have been added above the balconies an the tap 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 extend above the roof line. The areas between these walls is spanned by blue metal railings. Bath flat and metal roofed towers with the same detailing as in the east elevation extend above the roof on the north and South elevations. The ground floor on the south elevation is open, exposing the parking garage. A 6' wall has been added along the south property line to screen the automobiles. On the north elevation, the parking garage is enclosed by a wall but is open at the tap to allow for natural fight and ventilation. The north facade is very plain for the first 6fl' from Ocean Boulevard. Within this area, there are only two openings on each floor. Since this facade will be most visible when traveling southbound on Ocean Boulevard, additional windows or other architectural elements should be added to break up the large expanse of blank wall and add interest, It was noted earlier in this report that the Bahama shutters extend over the north property line and will need to be removed or an easement obtained. The west elevation is very plain with little variation in the flat wall plane. Additional windows or other architectural elements should be added. The paint scheme is the same as on the other elevations. On the ground floor, an arched opening on large columns provides access to the garage. An enclosed trash compactor area with aroll-down gate is provided under the roof an the first floor. The floors above contain windows with Bahama shutters. There are two towers an this facade, one with a flat roof and one with a metal roof. The tallest tower reaches a height of 62' to the peak of the roof. The area between the towers contains the same railings -and pergolas as found on the east elevation. As with the east elevation, the tower which is not required and the pergala should be eliminated. 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 portions of the building be set back an additional 5' from Salina Avenue to allow variations in the plane of the wall. This would break up the mass of the ~SPRAB Staff Report _:,~ .:..~.} Hotel Vista Del Mar - Class V 5~:.~ flan Approval Page 11 building and allow the use of larger trees suci~ as Washingtonia Palms in front of the facade. ~'~ @~. '~ ~~ ~`. }~ .,~~ _A. ~~~I~ END ~j~~l~ j~ ~.0"S 2~ '~ ~ ~~ .... ~ ~~~ 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 Developmen# 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 Fu#ure Land Use Map. The subject property has a Zoning District Map designation of CBD {Central Business District} and is located in the CC (Commercial Core) Future Land Use Map designation. Pursuant to LDR Section 4.4.13{B), Principal Uses ar~d 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 fnding with respect to consistency with the Future Land Use Map designation. Section 3.1.1(Bl - Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix A, a posi#ive fnding 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} -Consistency (Standards-for Site Plan Actionsl: Compliance with performance standards set forth in Chapter 3 and required fndings in Section 2.4.5(F)(5) shop be the basis upon which a fnding 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{F)(5] (Site Plan Findin~s~: 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 SPRAB Statf Report . ~.~ Hotet Vista Del Mar - Class V Si~~' flan Approval ~~~~~ Page 12 ' 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 ho#el. 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 distric# 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 ih scale between the proposed hotel and the existing residentia! developmen# 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' from one and two-s#ory residential buildings on the other side of Salina Avenue, is not compatible with this adjacent development. To achieve compatibility, portions of the building must be set back an additional 5' from Salina Avenue to allow variations in the plane of the wall. This would break up the mass of the building and permit the use of larger trees such as Washingtonia Palms in front of the facade. The additional appurtenances must be removed from the roof and additiona! windows or other architectural elements must be added. These changes have been added as conditions 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 planted along the facade. With the removal of the additional appurtenances on the roof, 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 wilt ful#ill the need for additional hotel rooms in the city and promote additional economic development. This should have a positive effect on property values in the area. COMPREHENS[h'E PLAN POLICIES: A review of the objectives and policies of the adapted Comprehensive Plan was conducted and the following applicable objectives or policies were no#ed: Future Land Use Element Ob'ective A-7: Property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms ~SPRAB Staff Report ~.~;`~ Hotel Vista Del Mar - Class V S'r~ ~~~~lan Approval ' Page ~ 3 ' ' ` of soil, 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 Central 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. !`#ousiri~ Elemenit t'olir,~_ A_o1~_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 sha11 be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas, if it is de#ermined 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 sha[I 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. ©biective 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: Policy 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 shalt connect to the City's storm water management system and sanitary sewer system. This is an 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 touris#-orien#ed commercial development within this area of the Central Business District. It will provide needed hotel rooms within the City, which will serve the local beach community and tourists. The project will comply with the City's site lighting restrictions in order to protect the beach area used for turtle nesting and hatchlings. 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 storm water management system. However, the project will be connected to the City's sewer system.. ~SPRAS Staff Report •=•. ~,~ ;,--~ Hotel Vista Dei Mar - Class V Sii~~•~~lan Appro~at ~ __ Page ~4 Section 3.'l.'1 (D1-Compliance With the Land Development Regulations: As described under the Site Plan Analysis ofi this report,. a positive finding of compliance with the LDRs can be made, provided Site Plan Technical Items and conditions of approval are addressed. .~. ..~:: ~+ .i ~~~~~ max.., ~ ` R~I~l, i, ~i~Y~ O' ~ F,~R S ~~ ~s ~.~ ~. y~3w~._. Downtown Deyela ment Authori DDA. i he DDA reviewed the request at~its meeting of i~a'y~i6;~2D01 and recommended approval subject to addressing the technical site plan issues raised by staff, which are contained in this report. ,Community Redevelopment Agency ~CR~ The CRA reviewed the reques# at its meeting of June 16, 20D1, and recommended approval subject to addressing compatibility with adjacen# properties and the technical site plan issues raised by staff, which are contained in this report. CQUrtesy Notice• Special courtesy notices were provided to the following homeowners and civic associations: • PROD -Progressive Residents of Defray • 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, trafFc 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. . ~ , k ~~ ~ A S``~ ~' S~.S N•T~' A ~I:;D ~ C Q„~l ~ ~. ~„~ ~~~7 N S fir: The development proposal to construct a T1 room hotel with a pool on South Ocean Boulevard is consistent with the policies of the Comprehensive Plan. There are a number of items that must be addressed and have been attached as conditions of approval. Consistency with Chapter 3 and 2.4.5(F)(5) of the Land Development Regulations will be achieved provided the conditions of approva! are addressed. . ~ ~ L ~ _ 9. ~ ~' 1. Continue with direction. 2. Approve the Class V si#e plan, landscape plan and elevations for Hotel Vista Del Mar, based on positive findings with respect to Chapter 3 (Pertormance Standards} ~~ SPRAB Staff Report '-~, : ~. Hotel Vista, Qel Mar-Class V Sht~i%fan Appro~af , ~ .'~~? Page 15 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. 3. Deny the Class V site plan, landscape plan, and elevations for Hotel Vista Del Mar, based an a failure to make posi#ive findings with respect to the Land Development Regulations. G. ~~ N .,. ~. r ~ .-_ a~ mac.. ._m ~ ' "~~.::~.. ~. KF .n.. ,. ~,T .ems ~ :iti :~ _~ ~ ~~ The technical problems identified in this report are such that major revisions to the building design will t;e required to address the issues. The resultant design may vat u~i~siderabiy from the current submittal. Staff recommends that the Board provide direction to the applicant on these issues and that the item be tabled so that the Plans can be revised. If the Board chooses to approve the plan with conditions to address the issues, the following motions are appropriate: By separate motions: Waivers• 1. Approve a waiver #o LDR Section 4.6.14{A}, to reduce the visibility triangle at the Salina Avenue driveway entrance from 2D' to 13' based upon positive fndings with LDR Section 2.4.7(B}(5). 2. Approve a waiver to LDR Section 6.1.3(B), 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 submit three (3) copies of the revised plans; 2. The design of the loading area must be changed to provide the required maneuvering area and the garage entrances must be modified ar the height of the 1 st floor increased to provide 12' of vertical clearance; 3. The Bahama shutters an the north facade of the building must be removed or an easement obtained for the encroachment on the adjacent property; 4. Ail appurtenances on the roof which are not required must be removed; 5. No loading or unloading of vehicles is permitted on Salina Avenue; 6. Provide space for a fire truck to get off of Ocean Boulevard. if the adjacent property is used, an easement must be provided; - ~-SPRAB Staff Report ;~ ;--1 Hotek Vista Del Mar - Class V SitL-r~lan Approval . Page 1fi 7. Alighting plan which details mitigation measures for all light sources visible from the beach must be provided; 8. Additional access to the trash compactor that does not require opening the roll-down gate on Salina Avenue must be provided; - 9. [f a valet queue is established in the drop-off area, it may only be used for guests of the hotel. Landsca a Plana: 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 tie following conditions: 1. Address all Landscape Technical Items and submit three (3) copies of the revised plans. Elevations: Approve the elevations far Hotel Vista. Del Mar, based upon posi#ive findings with respect to Section 4.6.18 of the Land Development Regulations, subject to the following conditions: 1. That portions of the building be set back an additional 5' from Salina Avenue to allow variations in the plane of the wap and that additional architectural features be provided to add interest. 2. That additional windows or other architec#ural elements be added to break up the large expanse of blank wall and add interest on the north elevation. Attachments: ^ Appendix A ^ Appendix B ^ Reduced Floor Plans, Landscape Plan, Building Sections, and Building Elevations ^ Letter from the Beach Property Owners' Association f:lpkanning & zoninglboardslsprablhote[ vista del rnar.doc .. ~ O a ,Y~.~? ~~~~ ~~ ~: i ~ _ m..~. .._.mT.. ~ ! ~ =w „I tai a~~ -~;~ 3'I +r~ru 4 C~~ V Q U J1~ ~al~~ ~ / a ~ n.. 1 / a ,~ w ., ~' ~ '-..~ . ~f~.~ 4. Y i a ~r ,- ~, -- _ ~ ~+ ~ ~ y ~ all I ?~ d S Is'I ~.--I^ ~ ~ ~ ~ R G G a r- a• ~~ Z m a ~+ s Q33 r 0~ in a~~ yd; ~~~ Q • ~_~ ~_of Z 4~ f i ~~ _O a~ - E • ~ ~ ~ _ g~Y ': r ~ x n ~ .X v, ~ ~ n < V r ~ ~ ¢ k.` ~~ ~ a ~ ~ d ~ ° ~ ~g ~ 8 pi O ~ F . Gp~s~yxw O I~ P ~FoR u E`°~ ;:i. p S ¢ ~ eo ~a" ~ . boon ~ -~== a ~~ ~ ^g~ ~~~A ~ ~ ~ a~C~w m X55 5 ~ ~ ~ ~ m m m~r~it~ ~ 88 m m ~ ~ u} [a U Q ~ ~ ~ ~~ ~ m n orae m.•sima a-r war. w ~,a.ow U $ ,~ 1 ~ j lL a ... -~ -+ a ~~ 3 ~ ~ Y1 ~ ~ ~~~ z ~~ =y ~ - ~ ~k '~~ I ~ j ... 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U .S = -~ --~ ca ZOI~ -- •. ~,-~,yi w~ ., PLANTING NOTEr. All plant materials shall conform to the standards for Rarida Na. 1 err batter as given in "Grades and STandards for Nursery Plants Part I, February 1998, State of Florida, Department of Agriculture, Tallahassee. All sad sha11 be clean and reasonably free of weeds and pasts or diseases. All landscape areas no# covered with trees, shrubs or ground covers shall be sodded with St. Augustine "F[oratam" unless atharw.ise Hated. All landscape areas shall be mulched to provide a minimum of 3° Grade A Eucalyptus mulch. Contractor is responsible far locating all underground ut~ities prior to installation of planting materials to avoid damage Contractor is to furnish ail materials, equipment. labor and plants as required to install the proposed planting as indicated an the landscape pions. Ail trees are to be staked and/or guyed as indicated on the planting detcils. All plant materials to be backfilled with a mixture of 1/3 approved Florida peat, 1/3 approved topsoil and 1/3 clean sand. To this mixture add 15 pounds of fi-fi-ia fertilizer par cubic yard. Thoroughly mix ail parts prior to piercing In plant pits. The Contractor shaA lay out the locations of the plant beds and contact the Landscape Architect far approval before the installation afi the plant material. The Landscape Architect may adjust the location of the plants be#ore planting. AA quantities an the plans are intended as a guide and shall be verified by the Contractor with a comprehensive plant take-off. Should any discrepancies occur, the Landscape Architect is to be notified for clarification prior to bidding. Any existing .plant material to remain shall be protected during construction with a physical barrier to be approved by the Landscape Architect. Ali landscape islands and other landscape areas that are ad}'aeent to vehitular use areas are required to be curbed with eoncret.e Han-mountable curbing at least six inches in height. The unpaved portion of the R:O.W. adjacent to the property line and to the edge of roadway shall be landscaped with sad and irrigated. All landscape areas are to be irrigated to provide a minimum of 15096 coverage. using Xeriscope principles. KEY PLANT NAAAE QTY HT SP i2ENiARKS CN Coconut Pakm 7 6' ct Relocated from on site CRl Purple Crinum Lily 6 35' 35' Full CHY Redtip Cocaplum 2i 24" 18` 24" oc PED Double Alexander Perim 5 12' EUP European Fan Palm 3 4' 30" full to ground FAK Fakahatchee Grass 9 30' 24" Rpe Pigmy Date Palm 5 6' 4' Triple Trunk NE° Enston Fern 4Q5 1?" ":2` '•13~ oc PAT Pathos Vine 24 fi` 12" 12" oe SUN Dune Sunflower 71 6' 12' 12' oc SP Sabel Palm 4 14' oa Booted VAR Variegated Arboricola 126 24° 16' 76° oc XAN Xanadu 44 18" 24` 30" ac M .-~~ '_ (i~i r '~ r F aA~rk~~' a7~+r ~ ~° a ~~ ~~~p~~ s °°`~~,' e 'Er ~VP~y- ~f. ~~~~1~ ,a:7 `~ .~ .~~ ~©r~ ~ ,~cs,~..w ~~a+ r ~ ~~~+~.''`. .x...s ev'~e=. @ '. Pursuant to Section 3.9.1(B~ Concurrency as defined pursuan# to Objective B-2 of the Land Use Element of the Comprehensive Pian must be met and a determination made that the public faciliity needs of the requested land use andlor development application will not exceed the ability of the Gity 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 fi" 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 Igcated in the Georgia Street right of-way. ^ An existing fire hydrant is located at the NE comer 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 Ci#y's Water Treatment Plarat and the South Central County Waste Water Treatment Plant far the City at build- aut. 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 mast 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 comers of the building and all the drainage will be diverted to exfiltration trenches along the west property line. Exfiltration test results will be required prior to obtaining a building permit far the paving and drainage system. Although no problems are anticipated in accommodating on-site drainage in this manner, the final design will depend upon the results of the test. Thus, positive findings with respect to this Ievel 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 wil! generate 374 additional trips onto the surrounding roadway network. The additional traffic generated will not have an adverse impact an this level of service standard. Parks and Oaen Soace: The 77 additional rooms will not have a significant impac# 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 far park purposes in the Comprehensive Plan, impact fee of $500.00 per dwelling unit (including hotel Appendix A ~:~~~ Standards for Site Plan Actions -~~~~~: =~ ~' Page 2 ' ' rooms} will be collected prior to issuance of building permits for each unit. Thus, an impact fee of $35,50 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 far the life of the existing landfill (approximately 202'1). Based upon the Solid Waste Authority's trash generation rates, trash generated each year by the proposed 49,478 sq. ft. hotel will be approximately 4.7 pounds per sq. ft. or ~ 1.6.3 tons per year. Since the total (rash generated by this proposal can be accommodated by existing landfill facilities, a positive finding with respect to this level of service standard can be made. ~~ r ~ w ,~ ' ~§ ~7i'~~c~K~ ~ I. ~ ~ Syr ~J3~ +"rr a '_~~ e !=~ r E~ ~ Tz ° ~ ~ '~. r '~~~ ~ c { ~~ ..'~~" < < P,~-P 1\.,» D~„E- Jl P n F', _ ~ ~, -. .,A~i~ i I-, ~ 'r r i sr s~ wu5 [ °~-~ I r ~~- 4~ ~~ ° ~S°°~'= D A'`.R ~S~ O `i~ S~i~T'E P 'L A~,N A G T i ~ 1~5 ~ ~, , - {s ,N.s a ~.. ~s~:~..,~~..,~.-.~ ~r~ . -«~.c~~Pry . ~w ~. ,~.~.. ._xo-z..~r :? . Ni- A. Building design, Landscaping, and lighting (glare} shall be such #hat 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 Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element Nat applicable Meets intent of standard X The provision of the bike rack is required. Does not meet intent T ___ 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 ©oes not meet intent D. The City steal[ 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. Nat applicable X Meets intent of standard Daes not meet intent E. Development of vacant land which is zoned for residential purposes shat! be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Daes not meet intent l=. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soli, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Nat applicable Meets intent of standard X Even though the property is not currently vacant, it is noted that the project wilt 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 13 Standards for Site Plan Actions ~~~ ;. Page 2 • Does not meet intent G. Redevelopment and the developmen# 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 profle, and meet the housing needs identified in the Housing Element. This shall be • accomplished through the implementation of policies under Objective B-Z of the Housing Element. Not applicable X Meets intent of standard Does not mAet intent H. The City shall consider the effec# that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulafiion 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 L Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing ii #o become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets in#ent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of a[I new housing developments as part of the design to accommodate households ~~aving a range of ages. This requirement may be waived or modified for residential developments loca#ed in the downtown area, and for infill projects having fewer Phan 25 units. Not applicable X Meets intent of standard Does not meet intent F"F~DM i2QBE~2T G. CURR I E Pf~F.' i P PHA N0. 561 243 .8184 , ~ 3un. 27 2001 ~ : 3~M P2 a~+tr~v 24'-0" FO'-O broP ~ptFe l®®!A' saw aeon A~ _ -~ - - ~s~ro~ s _ •~ TTS ~ ~~ ,~A f~WV/7 R a~ ' I"~f~,' i~ ~~ ~ ~~ L ,.'`1' ~r...~~ r' y~ t 4 ~ ~ ~ L/,f Z~f~~ ~' ~ ~~ W I . i Y 1 ~ u~ ~ Maey ~ ~n,~~ 1~ \~ ~ y/ U Y"` ~ ~ rz~ ~~ ~ 4` ~~.t r ~ ~~ ~ ~ ~t _ ~ ~ ~ ~ ~~ ~ OF~1GE ElC` .. io'~" ~sraueartr t~ era. ~r. . ~: Lop~'Y ~~ ~~ a4' x 4!F' x 36' 111Ca1i PLR eax eTrn aF s1 SOE !'1'i.~ r-~..~ . , - .., , :~ ,.~, SPECIAL COURTESY NOTICE TO YOUR NEIGHBORHOOD ASSOCIATION The purpose of this special courtesy notice is to inform you that at its Meeting to be held on WEDNESDAY, JULY 1'[, 200'1, the Site Plan Review and Appearance Board will consider a request for site plan approval for Hotel Vista Del Mar. The subject site is located on the west side of Ocean Boulevard, approximately 300 feet south of East Atlantic Avenue (64 South Ocean Boulevard). The meeting begins at fi:30 p.m. and will be held in the Commission Chambers, City Hall 100 NW 1~ Avenue, Delray Beach, Florida. The following is a brief description of the project. The plans are available for review at the Planning and Zoning Department. If you would like to obtain additional information on this praject please feel free to contact Senior Planner Ron Hoggard, at 243-7040. If you cannot make this meeting but would like to be heard on the project, you may Submit your comments as follows: - By phone at (5fi1) 243-7040 - By fax at (561) 243-7221 - By a-mail at pzmail@delrayplanning.org - By regular mail at 100 NW 1~ Avenue, Delray Beach, FL 33444 Previously you were noted of the site plan request tv demolish the Bermuda Inn Hotel and construct. a 5-story hotel with a parking garage on the ground and basement level. At the Site Plan Review and Appearance Board meeting of June 20, 2001, the Board tabled the item in order to address compatibility issues. The applicant has now submitted revised plans to address #hose concerns. Some of the elements of the development proposal which have been modified include changes to the architectural elevations, the reduction of the number of suites from 71 to 70, a reduction in the area devoted to the restaurant use and the addition of landscaping materials. ^ate Mailed: July fi, 2001 ~0 ewiiAr ~i°u5t 81G cv-or ~~ ' ~ ' '~~ ~~ I I '" rl~TrcN l ~ BERIC5HlRE ~° ~~ w I ccNOO Q I .~ ~ I 8Y THE SEA ~ ~ ~ ~ GR05VENOF? ~ a Z ~ N aNmo LOwRY STREET MANOR NDUSE ST. ++~~~~' scnea~ J~1~ppk~ +~!^y1I CDNDD K.I d ~ 1r~Ar T!~~ X16} I °av°° ~a VETERANS ~ DELRAY ~ _ ,~* °`~~ sra SLlMMfT n GROVE ~~' 2 PARK ~ ATLANTIC ~ CONDO w ~ CDNDD ra PLAZA ~ ~ a sE~w ~ BARR ~ ~ ~ TERRACS SPA.NlSN sve CONDO RIVER s-.o-+s DELRAY BEAGN RESORT I MARRIOTT ATLAN TiC AVENUE ~,, ~ ~?~ i~~l~ w ~ I . ~ ~ I WATERWAY EAST- ~„ ~ ~ a' ~ a ~¢ cn COMME,4CIAL ~,~ - ~ r~ CDNDD ~ ~ ~ z ~~ i ~ "~ ~ z ~ IoNAYAR caro~o cis ~ ~ousE a HARBOUR a I a '~ CDNDD ° `ate" ~ `~` ~"o'sc G I 15T 7. 1~IlRAMAR STREET er v ~ r ~i ~ ~ r ~ I Li x°"100 ~ o DOVER NDUSE CDNDD ~n ~ ~ ~ P"'"` ~ Q OCEAN PLACE O z O ~ CDNDD p ~ ~ C~ Q] ~~ I ~ o cocavur r;dwl `y NAR~RAI I I ! ~ y ~° .E. 2Nd ST. INGRAHAM A Q ~ ~ ,~ s~ ~ ~, JARDlN DEL MAR ,s-.s-.3 ~ CDNDD ~ `~~aa oEex,~r nc~nK uu45 QCEAN TERR. V y,- SEA GA TE ~ ~ `~N00 O 3 TOWERS > I ~,~,~,E~ ~~~ ~~~~ I f `~~J ~I ~~f!f N A A I I I I S~ T, i "B~r~i°u:~`Neo " WIIVDE~dERE NDUSE CDNDD N --~- HOTEL VISTA DEL MAR CfTY 6F DELRAY BEACH, FL PLANNING k Z.ONlNC ~EPAR'IIIAEHT -- DIGITAL 845E AfAP S?S'TEI/ -- MAP RE:': Lra525 T:EVIN k~ARKER r..--~ _'~- VIA MARINA 24,8 ~VEN$TIAN DRIVE sDE£TtAY BEACH, FL 33483 BRANNEN GEORGE W & PATRICIA 1212 BA'TAVIA AVENUE GENEVA IL 50134-3204 BELLANTE DANIEL D 809 N D ST.P.EET LA1:E WORTH. FL 33460 BELLANTE D_~,ATIEL & PAMELA REEDER 5 NE 2ND CT DELRAY BEACH, FL 33444 GRACEY MAfiTHEW JR 1109 HARBOR DR. D£LRAY BEACH, FT.. 33483 GRADY SCOTT D 72 S. RCEAN BLVD ~6 DEL~'.AY BEACH, FL 33/+83 P>ERRY DOI~ FRANCISCO ~DSTDAS 40 S DG~' BLVD DELRA:Y EEACH, FL 33453 ,.. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPQRT--- MEETING DATE: July 11, 2DD1 (Continuation from June 2D, 2DD1 meeting) AGENDA ITEM: v.c. ITEM: Class V Site Plan, Landscape Plan and Architectural Elevations #or Ha#el Vista Del Mar, Located an the West Side of South Ocean Boulevard (S. R. A1A); Appraximatefy 3DD' South of East Atiantic Avenue. GENERAL DATA: Owner ........................ .................... Applicant .................... .................... Agent ..................... ................. LDCatlan ..................... .................... Property Size ............. .................... Future Land Use Map ....... .............. CLJn'ent Zpnln~ ........... ...:............... Adjacent Zoning ......... ..........North; East: South: West: Rxisting Land Use....-, .-•---------------- Propcsed Land Us= ... .................. . Water service ............ .....~-~------------ 5~wpr 5erv~c8 ............ ................... Eugenia Kerstin, Trustee Louis Capano Robert Currie, Architect Ra~ert G. Currie Partnership West side of South Ocean Boulevard (S.R. A1A), approximately 3D0' south of East Atlantic Avenue. D.412 Acre Commercial Core CBD (Centre! Business District} CBD OS (open space) RM (Multiple Family Residenfiial- 'fdfedlum Density} RM Two-story motel with pool Demolition of existing motel and corstructian of a ~-story Hotel (48' high to roof deck), with 7l) rooms, fine 1,297 sp. f<. restaurant, 56 parking spaces,. roof top. swimming pool, privatQ gymfspa and associated iandSCaping. Existing on sit°. Existing on site. ::~ DORCHESTER ~ CO-OP 7N0-IAS ST ~~F~' on+• 5+ r ' v ~.,~ < ~ 9fRK5HlRE S.1s. m +a ~ 8Y I!"IIa SEA ~ GRDSIrtNDR O C r F ~pxRr TREET ~ A~ANOR 'HOUSE ~,,,, coNDo .~ t rNZc .r srx GROVE wo. Z N COfJDO L~1 d. ~ ~ o 5PANf5H "' DrLRAY BEACH RIVER MARRIOTT RESDxr ATLANTIC AVcNU€ ,,,, h? ~ ~ ARIM~IC m'P ~ ~ i i a ~. ~ I ~~ MNi~AMATt 5i. m III I I I DOVc'R HDU5E CONDO ,~ I OCEAN PLACE 5 `v CONDO p Qs Q ~ ~,-~,T ~ O ~~ i~ ~ i z '~ ~ ~ ~~ ~°, I ~ JARDfN DEL MRR w '~. CDNDD ~ `4. I i ~i ~ IlII I~ ~ A h v ~i .rd 1 I ~ I I WMlDEACC~Df1 DL'SE /~ AY $7REET " / dn[ =v.e r"` I ~ LANlKAI M.k t wriAS coN~D N LANCER WA"' I-°° _ ' ~: s ~ ns ~~ ~ " G ~ 9 ~~~. i a 't~ ~ Jt Pi-~ y ~ ~ V~ ~ ® ' 1: The action before the Board is that of approval ofi a Class V site plan which incorporates the following aspects of the development proposal for Hotel Vista Del Mari pursuant to LDR Section 2.4.5(F}: ^ Site Plan; ^ Landscape Plan; and, ^ Elevations. The subject property is located on the west side or South Ocean Bouievara (A-1-A), approximately 300 feet south of Atlantic Avenue and is zoned CBD (Central Business District}. ~ ~ 3.T_' ' The subject property consists of Lots 6-10, of the Ocean Park subdivision and is approximately 0.41 acres in size. The site currently contains the Bem7uda Inn, a 20 raam, two-story mote! (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, 200'1, 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 Hotel Vista Del Mar. Staff presented the item and Hated 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. :. ~m -- ~-_ ~r~ ~ ,~a~- ~~ y ~: 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. S~ T:E~' P ~L'' A ~N_ = .A;~ .~~ t;, ~ S l S ~ F.~F - ~- ~ - COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking fna[ action on the site and development applicationlrequest. SPRAf3 Staff Report Hotel Vista Dei Mar- Class V~~Pfan Approval -~• Page 2 "~ 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 meeting this requirement. Normally, a side interior setback is not required when there is dedicated access to the rear of the building. However, pursuant to LDR Section 4.fi.4{A)(1) Commercial__Zoning Adiacent to Residential Zoning, a 10' setback is required where the rear or side of a commercially zored property directly abuts residentially zoned property without any division or separation between them. Since the adjacent property to the south is zoned RM, a 10' side se#back 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 action of the Site Plan Review and Appearance Board. This provision allows for elevators, stair towers, cooling towers, and mechanical equipment to be placed on the roof. The design of the building is such that there are three towers and a Power mechanics! 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'-fi" to the mid Tine of their roofs. Although the height of the mechanical equipment area has not been indicated on the plans, it is not visble 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 but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. ft 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.fi.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 SPRAB Staff Report .-~ Hotel Vista DeE Mar- Ciass V ~. ~~ ~•Plan Approval ~~.~. Page 3 ` Section 4.4.13(G){1){d), within the CBD zone district, restaurants require 6 spaces per 1,000 sq. ft. of float 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 = 5fi] and 56 spaces (37 standard spaces, 1 fi 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. 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 bath 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 ar the design must be changed to provide the required size space and maneuvering area. This has been attached as a condition of approva{. Hatels 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 far (un)loading. The applicant has submitted the following statement: "Based on the requirements of the hole! operator, and our experience, we arse of fhe opinion that for this project, one will be sufficient. The time of loading operations will be controlled to limif the impact on the guesfs 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 an 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 traffic statement dealing with the adequacy of this drop-ofF area. The analysis SPRAB Staff Report Hotel Vista ©el Mar- Class V~ Plan Approval ~~ Page 4 ~ ' : ~` indicates that the maximum number of trips entering the hotel requiring check-in and baggage drop-off would be 70 per day, assuming a daily 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 a one-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 s#acking provided for the drop-off area; in the event that both spaces are taken, a vehicle would by-pass the drop-off area and either 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 a4 this location, it may only be for guests of the hotel. This has been added as a condition of approval. 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 drtve in fronf 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: Pursuan# 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 mus# 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 traffic. These triangles are required for walls, fences, and landscaping. The visibility triangles at the garage entrances is approximately 5' on Salina Avenue and T on Ocean Boulevard, where 20' is required. A waiver to this requirement has been requested. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the gran#ing 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 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 150' south of the subject properly. The 5' visibility triangle provided is adequate given the low speed and limited traffic an 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 SPRAB Staff Report Hotel V;sta del Mar- Class V. ~_~' Plan Approval ; Page 5 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 greyter 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 T. However, fram 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}. Also, 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 on other properties would lead to the same i;onclusion. Consequently, a positive finding with respect to LDR Section. 2.4.7{B}{5}, can be made. Sidewalk: Pursuant to LDR Section 6.1.3(B), a sidewalk is required to be constructed in the right-of- ways that abut the subject properly line. This would apply along Ocean Boulevard and Salina Avenue. A 5' wide sidewalk exists along Ocean Boulevard but no sidewalk exists along Salina Avenue. Pursuant to LDR Sectian 6.1.3(D)(2), where it is clear that the sidewalk will not serve its intended purpose, the requirement far 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 fvr an extension of the sidewalk to the narth or south. Pursuant to LDR Sectian 2.4.7(B)(5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver. (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; or, {d) Does not result in the grant of a special pr"tvilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Back-out parking exists along both sides of this roadway and there is not room to install a sidewalk wi#hin the existing right-of--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 conciusian. 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 for SaEina 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-af-way widths for existing streets may be granted by the City Engineer upon SPRAB StaTf Report Hotel Vista E7el Mar - Class V `~~ Plan Appro~a! .,~~~~;~- Page 6 ~ . favorable recommendation 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 91.5'! of the City of Delray Beach Code of Ordinances, Lightin4 Restrictions Along Beach, stated as follows: "1Vo artificial light shat! iilurninafe any area of the beach which is used for tarfle nesting and hafchlings. !n order to accomplish fhis, al! lighting steal! be shielded or screened so that the light is not a visible source from the beach during fhe night period from April 7, to October 39 of each year. "Night Period" is defined herein as being thaf Time from dusk to dawn" The location of this project requires that a complete lighting plan for the building indicating the location and fxture 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. Trash Compactor: An enclosed trash compactor area with a roll down gate is provided under the building on the first floor. Trash pick-up -will be from Salina Avenue via the roll-down gate. BFl 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 for 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. Coasta! Construction Control Line: A DEP permit wilt be required for construction of the sub-grade parking garage which extends eastward of the Coastal Cons#ruction 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 ~/,". This encroachmen# will need to be accommodated in the final design of the ho#el. Additional encroachments by an air conditioning unit and electrical box will also need to be SPRAB Staff Report : -~ Hotel Vista Del Mar - Class V Pion Approval •:~ ~ `~;_7 Page 7 ~ .. addressed. The applicant will need to notify the property owners of these encroachmen#s and the need for their removal andlar 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. 1. Provide the exfiitra#ion trench percolation test results; 2. Provide documentation that the Salina Avenue drainage system has adequate capacity to handle the additional stormwater flow; 3. Provide FDOT driveway connection and drainage perrnits; 4. Provide fre flow calculations; and, ~. Indicate the height of the mechanical equipment area on the roof. _- r h d j - :. ~-L ~-'N'~~A# ~' ~ '~~ -CAN ' ,A~ ;I~l k~ L' Y S I S' ., ~~ F , ~ ~ ; S.S.. ~._. ~... ,_ .,+~.~ ~..-......-. .., fit.. x- .~.~: ~.,.. .-.,. ,~. .....,....,,~ ....y~-i ..'~`.. .::. .d..t, As stated earlier in this report, there is na 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. The main entrance #o 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 fine 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. 1_DR Section 4.6.16(H)(3)(e)]. Trip}e trunk Pigmy Date Palms will be located between the Coconut Palms with Xanadu and Boston Ferns utilized for ground cover in the area. Fifteen 8' high White Birds of Paradise will be planted along the property line. Four booted 5abal Palms with Fakahatchee Grass are proposed between the south property fine and a walkway adjacent to the restaurant. Sl'RAB Staff Report `- Hotel Vista Del Mar -Class V..=: •. ~ ~ Plan Approval ~'•--'~ Page 8 A 5' landscape strip is provided along the west property line between the building and Salina Avenue. Double Alexander Palms and sod 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 fagade, 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 #o 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 t_DR Section 4.6.16. ~. ,. ~,,, ,~ ~ ~.~~A r f~; ~ ~' ~~ R C H !' ~ ~E C T U °R~A~L :L .E; v= A T I° ON G~- ~. ., ~~,V^^ y ;b.n. ~. .~.'~ - ~'6k. - ~.. .ale] ~~ r r YRI... W r .. a... ....~..~., '~.... .~~ -n~T4q.i Y{"'O..' ....{ :LY.- The proposed architectural elevations contain a mixture of design elements. The frst 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. Tire columns on this floor are cast coquina, painted yellow. The next four floors contain the hotel rooms. The fagade contains a series of step backs from north to south which follow the angled front property line. The design is repeated on the 2"d through 4r" 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 top. 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 shutters. The walls are stucco, painted yellow. The 5~h 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 architectural details with some variations are found on the north and south facades. To maximize ocean views for the hotel rooms, the walls have a saw tooth design with angled balconies extending out from the building. Trellises have been added above the balconies on the #op floor. Single glass doors are used to access the balconies as opposed . to the double 1=rench 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 meta! hipped roof is located on each fagade. The ground floor on the south elevation is open, exposing the parking garage. A 6' wail 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 fagade 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 o€ 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 comer 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 SPRAB Staff Report -. Hotel Vista Del Mar - CIasS V'' ~ Ptan Approval Page 9 ' 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 campacfior area with a roli- 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 uantinuous ba#cony, 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. ~. ~ ~ ~~ i ~ ~:.. ~, ~ ~~ . ~ .,, ate- ~ .~ [f 1 C ~ I ~n '3 '~ ILL'' r--- ~ 'x - If -~ `` ~ #~~~E U ~I F~~~~~F I=DS ~G S '.: _ v , .i_ _. ~...~-ntu._.......,~,. >~ r,a .mot„x<~.,s a.:~ ~_.~a .. `'~" .r Pursuant to Section 3.1 .'I (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved fihrough information on the application, 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 f ndings 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 Map: The resulting use of land or structures must be allowed in the coning 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 Care) Future Land Use Map designation. Pursuan# to LDR Section 4.4.'13{B}, Princi al Uses and Struc#ures 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) -Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursunn# to levels of service established within the Comprehensive Plan. As described in Appendix A, a positive fndmg of concurrency can be made as it relates to water, sewer, streets and traffc, drainage, parks and recreation, open space, and solid waste. SPRAB Staff RepDrt ~--. Hotel Vista Del Mar -Class V'~:~.~~~:~ plan Approval Page 10 Section 3.1.1 (C] - 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. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a fading of overall consistency. As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Ac#ions. Section 2.4.5(F](5] (Site Plan Findings]: Pursuant to Section 2.4.5(Fj(5) (Findingsj, 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 ho#el on the subject property is compatible with the existing commercial development in the area. Bast 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 compa#ible 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). White the lintel 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.fa~ade o'F the hotel is a relatively flat 48' high wall with additional elements on the roof. This facade, located less than 50' from 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 #lat walls are necessary to break up the mass ofi 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 planted 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 fulhll the need for additional hotel rooms in the city and promote SPRAB Staff Report ~-• Hotel Vista Del Mar - CEass V ', .~. ; ~ Plan Approval •~ Page 1 ~ additional economic development. This should have a positive effect on property values in the area. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Objective A-'l: Property sha[I 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. 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 Central Business District and wil[ 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. Housin Element Polic A-'12,3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed. development will result in a degrada#ion of any neighborhood, the project shall be modified accordingly or denied. As 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. Dbiective 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 SPRAB Staff Report _ Hotel ~5ta Del Mar - Class V :~ Plan Approval ~ ~~ ~ ~~ Page 12 with the character of the tourist oriented commercial development within this area of the Central 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 for turtle nesting and ha#chlings. 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 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 LDRs can be made,. provided Site Plan Technical Items and conditions of approval are addressed. "7 ~ P. ';~i. '-~fll+a.F ~ C .P"to Fns rrc Em.u.... :R.. .ry., ,r.~",~x ~i, _ - _ Downtown Develo ment Authori DDA The DDA reviewed the request at its meeting of May 1B, 2001 and recommended approval subject to addressing the technical site plan issues raised by staff,. which are contained in this repork. Community Redevelopment Agenw (CRA] The CRA reviewed the request at its meeting of June 1 fi, 2001, and recommended approval subject to addressing compatibility with adjacent properties and the technical site plan issues raised by staff, which are con#ained 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, traffc 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. ~° ~ - Q~S:S~E,~~S1VI`Ii=NAT AN:D C'QrN~CL' U'S~~'N~ ~ - ~ ~ ,~~ ,3, :~~. ~_..~. - - - - 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 SPRAB Staff Report -~ ~: Hotel Vista Del Mar- Class V ~ ~:~~,~ Plan Approval . _ ~ Page 13 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. 1. 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 nf~the~Comprehensive Plan subject to conditions. 3. Deny the Class V site plan, landscape plan, and elevations for Hotel Vista pel Mar, based on a failure to make positive findings with respect to the Land Development Regulations. `~~a~ .~R E~ ~ ~O~`Ilfi'-11A~ E N. D ~D A C~ I ax.N ~* ,~~~~ ~ r_ ~~ - 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 2Q' to 7', based upon positive findings with LDR Section 2.4.7(6)(5). 2. Approve a waiver to LDR Section 6.1,3{B), to eliminate the repaired sidewalk along Salina Avenue. Site Plan: Approve the Class V site plan for Hote! 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 submit 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 for construction of the sub-grade parking garage which extends eastward of the Coastal Construction Control Line; SPRAI3 Staff Report _ , ~,. Hotel Vista Del Mar - Class V`~ ``Plan Approval ' :'~'' Page 44 ~. 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: Appro~re the .lands~pe.pian fnr l~o~l Vista 9el.,l~la~rs based ~apcard ;~rasitir~e 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.fi.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, 2. That additional architec#ural 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 f:lplanning & zor~inglboardslsprat~lhotel vista del mar revised.dac r.~ ~ iat~ A CS"`~~7-'~f '"~ ~ L~,~ y ~Ad` -2 ~' 3 y .g3Y e { I _ '~F~ _ ~. 'W N- D , ~E ,~ ~~ _ y {- ~ ~d C _~RE ~C~~~INDi GS~~ .~ ~. ~ ~,n-, r ~, .~ ~ ~~ . tr ,u_, f s}£.. .+'~?~x4~~:~cbr ;ems.' ~,:.na~z..a..r,. ~ ts., ,... ~~-...y.. -, ~~,. a.~ ,. ~ as... c . ..z a .. .: ,, .^. Pursuant to Section 3.7.'1(8) 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 requ[re 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 6" 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 comer 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 fndings 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 surl`ace will be minima[. Any storm water that enters the parking area will be accommodated via sheet flaw into a drain grate a# the driveway entrance to Salina Avenue. Runoff ftom the roof wi11 be discharged into catch basins at the northwest and southwest corners of the building and all the drainage will be diverted to exfiltra#ion trenches along the west property line. Extiltrativn 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 flow is required prior to obtaining a building permit. In addition, 1=DOT driveway connection and drainage permits will also be required. If #hese requirements are rnet, positive findings with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the TCF_A (Traffic Concun-ency 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 additional trips auto the surrounding roadway network. The additional traffic generated will not have an adverse impact on this level of service standard. 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, pursuan# to LDR Section 5.3.2(G}, Imvact Fee Appendix A Standards for Site Plan Action:: ~~:~ ~~ Page 2 Required, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, impact fee 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 developmen#. Solid Waste• The Solid Waste Authority indicates that it has capacity to serve development in the County at its current t.OS 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 landfll facilities, a positive finding with respect to this level of service standard can be made. ,.8, . ,, i ~~ ~ ~ t ,; PLAN A`CrTa1,~ Na~S` .., , 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. Nat 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 found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard Does not meet intent X 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 Does not meet intent X D. The City shall evaluate- the effect that any street widening or traffic circulation modification may have upon an exisfing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighboafiood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant sand which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designafions. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that.the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land eases; and fulfills remaining land use needs. Not applicab}e 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 €ar Site Plan Action. ~ ~ :~~ 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 steal! be~ accomplished through the implementation ~of policies under Objective B-Z of the Housing Element. Not applicable X Meets intent of standard I~oPS not mee# 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 #heir potential to negatively impact the. safety, habitability and stability of residential areas. If it is determined that a proposed development wil[ 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 situation. Not applicable Meets intent of standard X Does not meet intent ,!. Tat 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 modifed far residentia[ 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 - --. ~ t ;, ~~ a~~~ ~ I~~ Ali ~I~ c~l~~ ~~~ I~~~l1 ~'dl~ . ~ ~ I~ I E ~~ ~~ ~~~ ~ ~~ ~~x ~ ~~~ ~ ~~~_ w ~~~ ~ !^ ~1 ~; €~ ~ '~ MYYMY ~~a=~ ~~~~~ ~ ~ A~K~~ ~ # ~~~ ~ ~~~~~ ~ ~ ~ ~_ ~ ~ ~' ~ z ww YN~ a~sww ~g~ ate' : 5 ~ II~~iiili.~il~ li~~ ~~ ~~ i~l~~~ ~~~~ ~I ~a a a a a _ 1 • ~ °Q °a ~a ~ i z a u a a ~ - ~~ i s m e ' ~ ea °.a ~ °a ~ a - s t' Z ~~~ ~~~ ~ d ~~~ ~ ~ _~ i~~ ~ ~ ~~ _-~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~ ~= t ~ ~~ ~ ~~ o~ ~~ ~ ~ ~~~ ~ ~~ ~y ! ~~ s ~~~ ~ ~ ~• ~~ ~~ ~ ~ ~~ ~ ~~ o ~~~ ~i ~• ~# ~~ ~~ ~~ o ~ ~ t s t t - ~~ t~ ~~ ~~ ~ ~ ~ ~ ~~ g ~e~~ ~ < ~ ~ g ~ ~ ~~~~ a i'~ I ~ ~ 1 ~~~ ~ ~ ~~ x ~ ~~~ s~ ~. ~Y ~. ~ti ~ 4 .~ ~ ~# `` 2~ ~~ ~~ ~~ ~~ ~~ 6 g~ ~e 3~ ~: !~~ ~r a aY f- F , C . :_ ,~ '+ - ~~ ~ ~y+` ~ ~ r 4 ~ ~~ ~ ~ ~ ~ ~ ~~ ~ ~~ i ' ~ I ~ ~ ~ r~~ ~ ~~ k ~~~ ~ ~ ~ ~i1~ i ' { ~}i ~s.~ • •e. ~~ ~ iii o ~ ~~~ ~•^"~ f 1 ~ ~ ~ r ~ • rill ,,« R ~ iE~l 4 1{11 rr iii ~ ~ ~ 1 t ~ ti i ~ ~-r f ~ i~ ---`~ ~i f~ { 0 1 ill `~~ t i ~ ~ 11 i f ~ 1~1 f~ ~ . 1 3;1 - . _ ~ 1~ ~ ~ r ` _ mac. 1 11+ f r '. s '~ ~ ~ ~a r ~ ~ i~ ~ ~~~ $a~ ~~ ~- ~ t ~ ~ 9 6.r * ~ ~ $ ~ E.~w SSE ~~ ~ ~a ~ ~ 8 ~~ ~ ~ ~~ ~"~ ~~~ ~~ EG i E a ~xs ~ ~ ~~ ~ C~~ ~ ~s ~~5 ~ ~~ ~~ ~ S r S ~~ ~~ ~ ~~ ~~ E ~ ~ ~ s~ ~~ ~~ ~~ _~ ~ ~g ~~ 3~ ~S ~~ E FF $ ~~ _! 8 ~~' _~ ~~ ~~ ~~ t ~ _~~ _ s S ~ ~BES SA ~a ~ ~ ~a :~ ~ ~~* ~KY~~~ ~~p ~Ly ~3~~ ~ik'e OIL nTe n FsBrn«~~RICr'Q~g E sa ~ a~~* 1.~~- "E•~ sr~ s (fi ~$"g~di ~ ~W.~~~~~~~ ~ 3~~~~~~~~`~kTg~ ~~ C C R U C a r- C ~:; ; . ~~~: O C r+ m c~ o' i-„ ~_ ~. , z 0 m m o" ~~ .. . ~. m m rn C N O~ 3 ~~~ - ~~ ~A`~ ~~ - ~. CQLQR SAIV~PLESIF~NISHES SC=~~~EDULE • ATTACH SAMPLES ATTACH SAMPLES R OF AWNINGS .. ~b~TM4~ ~St~lut~e-k{k; YaM R~141x . is-~":,____ ~, - FASCIA 8~n Rs~ ~qtx COLUMNS CAST GOiQu1l~ ~rduS 80~ OTHER AMA ~1~5 .$1~ Z~ 59 -~o ATTACH PHOTOGRAPH DOORS e-1hluM wH~ gt~n g~,~Mtx WINDOWS SCREENING `~ ,G. 07%!1/01 49ED 14:04 ~'.4g aS127B5244 F~,~ * {`~~~' H'id' ~ ~ PLASTRIDGE THOMAS E. LYNCH SZO N. Federal Highway Delray Beach, Fl 33483 TO: Paul Dorling/City of Delray Beach FAX: 243 7221 FRUM: Thomas E. Lynch .lZly: $otel ~~sta del Mar DATE: 7111/01 Dear P~xui: I am sorry I ara unable to attend the meeting thus evening, but ask that the attached letter be read into the minutes and given tv the beard. Please gyve Darve garden a copy as well. Thank E. Lynch f~j ooi 2J 7 07r'? I/O1 9YED 14:04 ~'Ax 5612785244 PLA5TRIDGE THQMAS E. ~.YNC~ Sz0 N. Federnl Highway Delray Beacli, FI 33483 July 11, 2001 Site Plan Review and Appearance Board City ofDelray Beach, PI. Dear Board Members; ~vo2 I am sorry I cannot appear before yo'u this evenuag to gave ypu my opinions an oae ofthe projects you will be x~eviewxng. Unfortunately, I have a Palm Beach County School Board meeting, which I must attend. I have lived is Dekay Beach for 30 years anal I have been actively involved in the redEVelogmern transition of Delray for over l~ years, When we originally started the redevelopment, we spent over one year analyzing the city and cam buck with three major assets: beautifiil beaches, a main street, anti a diversity of citizenship, not only in ethnicity, but by economics. Our majox goal was to improve the overall quality of Delray Beach but not lose its "village-like°' atmosphere. A$er I left office, I have only come before the City Comrnissioa on one occasion to talk about a project that was being considered. I irnentiazaally stayed away to allow the city to evolve, as parents must allover their children to evolve. In reference to the planned Hotel Vista del Maz, I feel I weed to voice my opinion. T believe the project is way too m~ssave for the lot. I realize there are fewer restrictions in the CBD, but we definitely don't want to dramaticaIly change the quam#ness and village-h~ce atmosphere that we have in Aebay. The total lot is Daly about 18,000 square £eet and the binding will be close to 50,000 square feet. Even though the parlang may meet the minimum starndards, rt is obvious that it is squeezed in, eonfi?~+rg, and claustmphabic. For years we have dealt with the problem of stacking on AIA with cars and trucks for the existing restauzaits. This would only be cxacerbatcd by now having a hotel and restaurant {and probably side-wa]k diamg} to add more traffic to a heavdy congested, na~arow azea of Al A., . I am not opposed to the hotel complex. In fact the idtas of converting Bermuda Inn Motel to a hotel is in keeping with the overall changes ofDehay, but to allow such a dense project that changes the appearance of our city and adds to congestion anti parking issues is something we should not permit. This project is just too noassive for the proposed location. 5ineerely, E~ ~'~~~ J~e~ r yy. V S.~ '_ ~~~,~3,. uri,t,crux rt".,, i~.vu me ssva oaa aOfr vulr~Ari.[C j ~; G~ GvrTSr~R Y(7Axl,.Fv A'f Tt1RN CY5 AT 1.RW July i l , 204 i Writzr's DirCet llial Nt[mbr:r: 563-6S4-f?S33 Writer's ~-Ma!I Address: }~iverCu3.r[ms~cr.com Tn S1Tls pLAN REVIEW AND 1~.PP)~AItANCE BUART7 Ml-~MB)rR.S Re: vista llel Mar Hotci Site flan Application, T7ear SPRAl3 Member: 'T'his Taw B~ represents 1VIr. Dc~nalt; Rokaanscm, who. o~vn.~ residential prupe;rtsr ~-a Salina Avenue adjac4nlt to anal west pft~c property subaect to the above-referenced site plan :apg]ication ~"Site kalan"). A[ We June 24, 2001 Site Plan Kevicw and .~tppcarance Board ("SPIZ.AB"} hAga i :~ppe,~red oc, behalf of Mr. Rtibitlson to sixare with SPR,lif3 a zrataltiiude c~!'aQnccrns rcgaz'ding the Site Plan, '~i5 ]alter i5 far tBc purpcase taf sharing Vl~itll each SI'I~.AB member 11~r. Rabinsran's Cntl~rn5 regarding the revised Site Plan to ~ considered ai the 5PRA]~ Bearing pri July 11, ?b01. ]qtr. Ra~ir[.~;carz, like many other bc~u:h~ide res,ici~n#s, vacations dtuing the stuiuner and is ut7.avai lat~l a to appear iri person at tl,e SI'TiAB hearing. This fact de~~tonstratcs #I'iat the tinting of the consiclcratiazt of the Site flan by SPILA3 is less tltau opp~rtwne. Marty residc3ats effected by the project are nc7t present to have their vqi ces heard in the very public t'arurn chat was created to receive and c;unsidcr their concersls. lnzagitte their surprise wlte>ci they rettim to Delray Beach i~~ the late 1-all only to disccaver this massive irniltlin~ i,rt their nei~Yiborltood that dial neat exist previously. 'phis weans fundnmetatally uztfair_ A better solution would lae tc~ ~:~ansidcr action an tl:e Sire Flaln aTaplicatiozt later ist the year when Hans[ caftl,e residents effected by the Site Plan. proposal will he available tQ ahead tine SpRAFi hearings. F~Tcawever, assuming that the SpRAII llearirt~, will not. lx; rescheduled, l ti~~il] attempt tta ;urnmarizo Mr. i~obittisan'ti ccanc~~rtts in this letter. 1']eafie.givE laic c~~t)eea.7YS every eanslderation_. ate. ha is the ovrner ctf thr~ residential properties on Salina+ including asingle-fanuly hnmc; clircctly behind the prappsed !total. • Size The o~reruc ccancer-n of lVlr. Rubinson is thlr sheer size and mass of the grol~case structure, ~~~hileij-,epxoposedStruct~tren--aysc}ucczcwithiuthe4$'.hcia;htiintitationanf3thcnomita,~! setbacl: reglasrerrrents pra~~ded for by the Land Ueve]ralan~ent IZc~ulations ("T.DT~'s"1= tl)e langua~~e 1arr+rtrr, Y+ruklcv FS Slctvt+r[, rn. !'}igisrs 1'~~int • ?7,'urnl: FIaE+,[cr Dc's~x, Sitiec SCkt Eis!st Wk•+:i Palm Ra:trh, FL 7z'#i1[-[s1+t-} f5h1a655.[4t~? r'ruC:{5G1)l~;i5-5fi9] c-mars. ti'1ir.,gt,'r.tn~t4 ~uagter.GO+n wa~+ci;unyrrr.cuin riiTR l f.I fl]S:'T;GAIk • MI.tiF.i! " 151LW 1lLAL.11 • 'i ILIAiC! • 'IR~.6~+}ta ~;~P • E'FRI11f}eU it • N'~ t k'.it,av !11 1:,11 i~J U if G 3~ ~. '' '~ ....~ July I1, 2(341 Page 2 in fire LDR's coricern,ing proper propai'tions, Appearance, impact ern neighbUriug uses, and integration with existing uses se~:ms to he entirely iF,nared by the applicant. For example, }~ttrsuant to 1:UR Sec#ion 4.4.13(1(2), "ifte body acting uprrri a dcvaloprrtent Appiir.ation within the C:J3D ~-v_ rcciuirc that ovc:tt, areas including but i~lt limited tn. co~utr~ar•d.~,plazaS, and lrlndscape sel~cks be o 'ded ' er to interest and . rp~'' relief from he ildi « m ." Clearly, a five fr}cat l~rdscapc strip alotag SaulixiA is not capable ol'praviding rediefi`ratn a building ~$' Feet in height (pl~js addiklun€il rooftop strtactares reaching S7') divided from the resiclcntial r~.eighl~ars to~tfie v-=esi by ozalr• the 2I' wide Salina. ]Moreover, the applicant hits made .na el~ort to recess any portion of the Urnund flociF or step-bac;k the upper floors afthe building The end rest~l.t is a ~nassit~c building, ciwarl"ing the existizi8 neighbors, cutting c-ut their rattan htccze aa~d sunrise vieu~•s. , Tlie applicant ~Itattld recluse the size ctf the hotel tt~ same#liing zliat conforms with the character of Delray Beach. Citirxns of the City have urc-rkeel hard liar many years to create a uzrir~us community atmosphere thflt does not irrcludc lwge, monolithic structures and oti~erbuilt prcge7ti.es. `This is Delray I3tach, riot I~ortT.uutlcrdale, Appravitxg this crversi2ed project is not in keeping wifh the charm and character ol'the City, nrrr does it set a good precedent tat future dew'clopment. The applicannt should either acquix~ rziorc property in order to build a project r~t~ this size err, altCrtiativel }~, rk~duce tkze sire ofthe project. I believe t3aat it is incunZlrtnt tipan the Sl'R~1l3 to deny projects cf this nat«xe or at least scale tltean dawn to something rcason~ble-acrd flttractrve. l.t is n~~t wnrth i;han~n~ the GlZaracter of the C;i_y t'or one prajei:t. ina c Another critical concern: of Mr. Robinsnn's is how the proposed tree of the property will affect drainage and stflrm water nuioff in the rieighbarliocTd_ At the June ?0''' S.PK.Af3 hearin~t, 4 Taraugbt to >fie Board's attention the fact [hai the ari8inal $i:te Flan showed over 19t/o pervious :area dstpits the fact that loss than 5% crf the properly wax actuaily pervious. '1 he revised Site Ylan bears This trot, As it now sha~us the pervious area to be mert}Y ~.4~°10 of tlic total property. ('Thus,. tlYe revised Site Plt~n riot only lost ] Cr,i;7°la ofits penrinu,• arcs, but it also increased dre i~r~pervinus-aria by ] b.i;7%.) This rcieans that the storm water run-offfrorn. the Qthcr 97'.5$% ot'the properly mast be chatmeled towards and percolate into a S' wide exfiltt~.tit~n trench (as, xPparentl3'a hnak~up to the City stcrtrn water system, is not possible}. ].his is a Tat of water gaiz~g Into a very stria!! area, TFte revised Site Plan cnnrains drainage calculations based on a 5 year, I hour storm ct~en.. Even assuming inr the momeru that the drainage calculati[?n~ arc correct,. it is naive to bClirrve drat providing drainage capacity for a rnatun of a 5 year, 1 Maur sterner event i s suFFtcient given 5attth FlnridA's fret}uent Arid severe rainstorm event4. The standard should be rnucll luliter (e.g. ?5 year,. 2 or 3 hour storm event) given the incredible atnotult of impervious area l~in~; clrate~! bj~ th.is project. The end r~rrl t rx*ilI andoubtedly ~be tlta# all c-Ftl?e water from tlazs project will Tre cltarutLltd towards the rtaeo['ihc prvpcrty, the c>tifiltratinn tnncit will bu oti~et~vvhe]mEd u-ith wdtE2, acid Saline GUIvSTER, Yt~nlEt.liY & STirw~atiT, P.A. A17tat~a@YS nTLAw ... , .,....~ ,...., ..:..... , ~w. ..~~ vvo ~~. r u~1lJinn -.1 duly I I, ZUt%l [gage 3 anei 7ttr_ Robinsort's yard and hc~mc will be ilouticd. When and if this occurs, the City is he~rcb3~ rn notice that Mr. Robinson will hold tl~e Cit}r respnnsiblc for tlae same tts these flticrding cYvetttG nre pz~ediU.table and avoidable. ~afct The applicant is requesting a Waiver of the 2U' visibilil}"#rlan~le r~iluircd by LS)R ~~ctiu~a 4.6.14{.A} whir:h would allow tttc applicant to instead have n 5'visibi]ity triangle. Granting of sUCI~ ,~ waiver raises a seriMiis safety cnneerxt for the Salina residents. The purpose afi the visik~ilit.r triangle is to provide a sufficient line of sight for drivers tea spot Qncoming traffic, bic}rciists, ald pedestrians. 'l'he applicarn i5 asking to have khe ~.L1R ~nfrxrr-curn reduced by art aciditicx1u175°.'a. 'I'3 pis problem is Iurthcr exaeerbet~~d by the narrti,utaess of Salina Avinue, which is only 21' wide {ihc fitrtctiar~af equivalent of an allay, residenitiai stxE~cts are narmall}r 54+' xu wic3th~. T7ae trdVCl lane pavetrtent l5 Approximately 2' from the propetrty line. signil7eantly Iess than vvauld lam: cxpteted on typical road right-of-ways. 'I'kea statTreport skates that "`Saiilta ,pventt~ is a narrow roadway which dead-ends appraaitxtatcly 15Q' sautlt~ of rho stibjsct pioperty.°' It gcscs ot1 to indicate that the 5' visibility triangle is adeyetatc divcn the low s~pcccis. I would si uestion whether. this is Supported by saund traffic engineering or is sir~tp]y thy: opinion of the staff: ffthe reductian by 75% of this site trianble is prtrpc>rtionsl to the sperm traveled t~~r Salina ~ivcnue, can it be an#icipated that cars will be txaveling ortfy 114 of the spc~:d of a taormal local roadvay? This may he a ~;iinplistic appsoacki but I do not find any evidence that the staff has a sound 1;er1>JUCa1 basis to r4duce the visibility triaitglc to such a small nttmber_ Staff indicates that this ivaivAr will nQt create an unsafe situation with respect to public Safely. Quce again, is this backed up by sound traffic engincerittg larinciPals? The reality is that children play, ~peoplc ride bicyclr;s, and autnrnr~bilas drive at the sped ]intit or above itlpng Sa3itta. Ta have the traffic created by a 7U t~-trrn hotel at~d t'est~tur~3rtt (aneltaditlg delivery trucks) spillizag out onto St~litia with anly S' of visibility is dangerous and utu~easar~ztbl4. This waiver shatrld ho d_c~ticd. Parkitti g t raised this iswuc at the Tune 24~' hearing at~d l will rise it dgiiln ztOW. While the appllcan[ may be meeting the bars minimum parking ~acc rcquircttlents far the CAD, the practictil ei~fcct of having only S6 parking spgrres (.3 of which arc 1~andicappGd spaces and l6 of tivhiGh arc comis~tt at~tamabile spaces} far a 7t} room hatel axed restaurant is that there w'sl] be a parki~tg deTcit daring tE~te vYitYter ;sort. At ktigl~ nc;cupattcy kinks, it is foreseeable that a]] oi'thc parkas}g spaces will l,~e~ lull surd that rrtc~re will be needed.. Tn addition, the en~pluyees c~fthe hotel (rr.g. maxtager, o'F€ic:e ~~taff; u~aiesj artd tf3e ~mplayee5 of the restaurant {e.g. coal, waifr;rs,hostesses) will ~1eed scmie ~~c~aiere t+o park as we 11. ~IUU~ t_tl.T[~I~T~R, YUASCLBY & 51~11fA~{T, P..A_ A7-DaNrrc A't I.nw V I l 11/ VA ifrJ/ 14. Vk7 l'!16 :fpl V%3+1 V V l l UIlIV.71EM A ~ •'~ July 11, 2001 Pa~,e 4 the ~ lican o vide a ditianal akin . .~ .'.' ~~ What invariably 1lappetts in these situations is that the el~nl~li~yc:es are told to find parking clsew.harr~ sa that the 70 ~tiests can use flit' 5fi pazkins~ spaces. The end result is that guests vrho could not be acromzltadatcd with parkire~ ttnd #l}n hotel and t~statlrant etnployees are litrccd to go itt 5earcft of parking in the staxxaunding nci~hborhaad- The consequence will be cars parked bc3iind the l~utcl aloxtg Salina. 'T'his is a ftaretier;ablc outc:c' mt; can be avoided t~tirely if SPR.tki3 would require u.~iarl The proposed project is ride ~+ith inequitieti i"ar the surrc)urtdizlF resi.dcntiul neiP;hl~at~ tin Salina lhvenue_ Clearly, a Iac~ltl 'use of the property is not a bad use, ncsr is the tlced far adtTitianal Hotel roams in the City beila~ tfisputed. The proposed bite l~lai~, however, is simply too nte:eh tiatcl 4n tact small of a p~rc~pexty. Xrl attemptil~ to maximize the ecannrltics of their prnjec:t, the applicant is tllea luaxiFati:~ixt.~ the negative i~slpacts an the sYUrottxldin¢ nt;i~hborhood. The h ~~ t and fantpr~nt of the huyldintY should be healed dawn,,~tite buildi.np sl)s~uld he 5ct 17at,~~~r tm Shcin.~ f!tsn~ (~vluch would salve the visibility txlat~ le iS.SUe -and help tt~ allc~riatc the ~i~.x,,,~,~.~~1`thc parkictg should be in eased, and mare pervious area should be required. 1t is incumbent upon the Site Plan ~eviaw and ante Board to make this }project ~ortforzxs with the good character of the City rutd this particular ncighl~arl~ood anei to t:tlte undwr taFeFtll C[itt5ltiexatitsn the ootlCCxllS c)I'al! A~tlle tv.it}''& residents wh.o will l3E impacted lty the project. It serves no purpose tit inset the appeat~artce t,l'trtie ncighbazhos~d, undermined the prapresa #it.at the City has ;~c111eYed 31'1 i~CCtlt yeaTS, antl cttElSC dllltlXltltiCtri in the'v3lt1C o~stztYOUndiatr e~;.tstirlg uses itt order to advant;c the econami c desires of one indi vidua~l. Please c:ar~iully cold der the ra~mifiCatialts n# the-decisions vet the SPR11.B on this rnattcr. R.esl,catfu y, ~ G. Harvey F Uycr III, •q. c~- htr.1)ottuld Itobinsbn ~ uva GL.FN57'Ek, YC1AK(:F:Y & ~TEVJART, l~.A. 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'-.:~, ^ .`~_+~T ' ''F„t: ..~.:° r o O o O C] O O O C O O l] 1~ W A17 W OD ' O O Ai3 O O 4CI O O Ai3 O O Ail r ~ C9 O~ ~7 Ca ~ ' W ~ W ~ O ~ '' N ~ Al] fi~N-r r .t~ . ~ An sf7 L l A ~ ( ~ ~ ~ rye yf O D o - ~ z c°.1 O ~ V W r N ch ~ At] [O 1+ GD W ~ ~ r r r r ~ ~ ~ (A 0 0 0 0 0 0 0 $ 0 0 0 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 3~ r ' \ f (- h SPECIAL COURTESY NOTICE TO YOUR NEIGHBORHOOD ASSOCIATION The purpose of this special courtesy notice is to inform you that at its Meeting to be held on WEDNESDAY, AUGUST 8, 20Q1, the Site Plan Review and Appearance Board will consider a request for site plan approval for Hotel Vista Del Mar. The subject si#e is located on the west side of Ocean Boulevard, approximately 300 feet south of East Atlantic Avenue {64 South Ocean Boulevard}. The meeting begins at 6:30 p.m. and will be held in the Commission Chambers, City Hall 100 N11V 15t Avenue, Delray Beach, Florida. The following is a brief description of the project. The plans are available for review at the Planning and Zoning Department. If you would like to obtain additional information on this project please feel free to contact Senior Planner Ron Hoggard, at 243-7040. if you cannot make this mee#ing but would. like to be heard on the pro}ect, you may submit your comments as follows: - By phone at (561) 243-7040 By fax at (561 } 243-7221 - By a-mai[ at pzmail@delrayplanning.org - By regular mail at 100 NW 1~ Avenue, Delray Beach, FL 33444 The development request is to demolish the Bermuda Inn Ho#el and construct a 5-story hotel with a parking garage on the ground and basement level. The request was considered by the Si#e Plan Review and Appearance Board on June 20, 2001, and July 11, 2007 and was tabled due to concerns with compatibility issues. Revised plans have been submitted to address the Board's concerns. The major changes to the plan involve the elimination of the restaurant and the roof top swimming pool. Also, the building has been setback an additional 5 feet, resulting in a total setback of 10 feet from the property line adjacent to Salina Avenue. Date Mailed: August 3, 2001 ~'1 _ '~•~ ~_ KEVIN Wp.RNER VIA MARINA 248 VENETIAIJ DRIVE DELRAY BEACH, F'L 33483 BERNARD HAFTEL ~1 ~3AML T 3500 HAMLET D IVE ~~.~- DEL BEACH FL. 33445 BR.4NNEN GEORGE W & FATRTCIA 1212 BATAVIA AVENUE GENEVA IL 60134-3204 BELLANTE DANIEL D 809 N O STREET LADE waRTE, FL 33460 BELLANTE DANIEL & PAA~ELA REEDER 5 NE 2Iv'D STREET DE'LRAX BEACH, FL 334.44 ,GRACEY MATTHEW JR 1109 HARBOR DRIVE DELRAX BEAC~3, FL 3:34.53 GRADY SCOTT D 72 S OCEAT~ BLVD ~~5. DELRLY BEACI:, 1`I. 33483 PERRY DON FRANCISCO BOSTONS 40 S OCEAN BLVD DELRAY BEACH, I'l, 33483 EDW S LE NE GREENS AR) VILLAGE 839 GR EN ARD VILLAGE H 215 DELRAY BE CH, FL 33445 FRED SANDY BEAUMONT COUNTRX LUB ACRES 5349 V BUREN ROAD DELRA B CH, FL 33484 MART E TEIN COUNTR L1FB ACRES 5399 S ROAD DELRA B ACH, FT. 33484 BUSS L WSON COUN RY IIB ACRES 1537 JAC SON ROAD DEL Y BE CH, FL 33484 MIC L S WOOD OREST 44 5 SHER OOD FOREST DRIVE D RAY B H, FL 33445 H GHLAND T ILER FAR~C 3 4 NE 3RD STREET B YNTON B H, FL X3435 NsET PINE. 6.24 SUNSET PINES DR LRAY BEACH, FL 33445 JOHN $ENNETT PROD 137 SEABREEZE AVENUE DELRAY BEACH, F'I.. 33483 CAROLYN ZIMMERMAN PRESIDENTS COUNCIL 212 SW 2ND AVENUE DET.aARY BEACH, FL 33444 ~, } 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. fTEM: 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 Servic:e ................................ 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 Atlantic Avenue. 0.412 Acre Commercial Core CBD (Central Business District} CBD OS (Open Space) RM (Multiple Family Residential- Medium 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 iandsca~ing. Existing on site. Existing on site. DoRCxESrER co-oP niaaAS s .~ ~~ w 81=RK5}11RE ra ,,, aAO t m _ ~' 8Y TF1E SEA t CRO5IIENON4 4 Z 4pxtlY 11tEEr ~ MANOR NOLISE m.. ~ CdMVDO 5-~ GROVE No. ~ ~ conrDO o a SPMf15N DELRAY 9EACF1 R1VER MARRIO?`T RESOYtT A'RAN71G AVENUE ,~ e~ ~ ~i ~ ~ AIA S . DOVIr'R FIOUSE GOND4 oc1=aN rn.AeE ~ cav~DO o V is fl x ~ ~ :s +y ~ JARDJN DEL MAR •` caNDO ~. ® N ~ mNDEMERE HOUSE AY STREET ~ LAN1KAl VILLAS CONDO wA w.r .... .r I ~ u: ~ ,k~~ , ~ ~~._ ~ T-T E~ tali B~~.~ O ~~~ T~H~~ -8~~.,. 4 ~~ ~a.. a ~ ~~ , : .. 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}: ^ 5ite 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). ,.. `- ~, ,,. - .; _ ~~ ~~;A C K_G R O tJ The subject property consists of Lots 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 19fi8}, wi#h 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 application to demolish the existing motel and to construct a new hotel to be known as Hotel Vista Del Mar. Staff presented the item and noted that revised plans were submitted the day of the meeting addressing many of staff`s comments, except building Neigh#, loading, and compatibility. The Board also had concems with the compatibility of the project with the properties to the north and west. The item was tabled. The Board reviewed revised plans at it meeting of July 11, 2001. After presentations by staff and the applicant, several residents spoke in favor of the proposal. Then, an attorney, representing an adjacent property owner, and several residents spoke in opposition to the proposal. After the public comments, the Board discussed the project and directed questions to the applicant. The Board members felt that the revised project did not adequate address their concerns, including, the overall scale of the project and its compatibility with adjacent properties; loading requirements and the impact on Salina Avenue; sight visibility on Salina Avenue and Ocean Boulevard; and, traffic circulation and turning movements on Ocean Boulevard. The Board voted 5-0 to table the proposal. Revised plans have been submitted and are now before the Board for action. ~~~ ~ ~. P'R~~ SGT ~D~~.5GRIt='~."Fi ,, ~_ iY I x~i:. ^. L l~ 4 The new hotel has a total of 70 rooms and a private gym/spa. The 1,333 sq. ft. restaurant component and the rooftop pool were eliminated from the earlier plans. There are a total of 50 parking spaces accommodated within the building on the ground floor and below grade. There are six floors, including the sub-grade parking level. SPRAB Staff Report Hotel Vista Del Mar-- Glass V Site Plan Approval Page 2 r ,. ~,, r ~ i r, S 1 T'`E ;. PLL~I~k A-id~A L ~~~~ ~~ _~ COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shat! specifically be addressed by the body taking final action on the site and development applica#ionlrequest 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 1D' shall be provided. As the property fronts on two streets, it is considered a double frontage- lot. The proposed hotel is setback 5' from Ocean Boulevard and 1 D' from Salina Avenue, thus- meeting this requirement. Normally,. a side interior setback 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'acent to Residential Zonin a 10' setback is required where the rear or side of a commercially zoned property directly abuts residentially zoned property without any division or separation be#ween them. Since the adjacent property to the south is zoned RM (Medium Density Residential), a 1 D' 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 properly line. Based upon the above,. the building setback requiremen#s have been rnet. 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 action of the Site Plan Review and Appearance Board: This provision allows for elevators, stair towers, cooling towers, and mechanical equipment to be placed on the roof. The building has a parapet wall and decorative blue metal railing around the flat roofiine ofi the building. A stair tower and lower appurtenances for the elevator tower and other mechanical equipment project above the 4$' high roof deck. The stair tower reaches a height of 58'-6" to the mid fine of its roof. The height of the elevator tower, elevator equipment room, and the mechanical equipment area is not shown on the plans. This has been added as a si#e plan technical item, Open Space: Pursuart 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 but 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 23% of landscape area has been SPRAB 5taf# Report Hotel Vista Del Mar - Ckass V Site Play Approval Page 3 provided adjacent to Ocean Boulevard and Salina Avenue as well as along the north and south sides of the building. Room Size: Pursuant to LDR Section 4.3.3(M)(1), each sleeping room shall contain a minimum floor area of 325 square feet including closets and baths. The applicant has submitted documentation indicating that the size of the hotel rooms vary from 393 to 617 square feet. Therefore, this requirement has been met. Parking: Pursuant to LDR Section 4.6.9.(0)(7}(e), hotels and motels are required to provide 0.7 spaces for each guest room plus 10 spaces per 1,00D sq. ft. of floor area devoted to ba[Irooms, 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 48 spaces are required [70 room x .7/room = 49 - 1 space reduction = 48] and 49 spaces have been provided. It is noted that an additional 2 spaces are provided as guest check-in spaces and are not included in the regular parking count. Handicapped Parking: Based on the total number of parking spaces provided, two handicapped accessible parking spaces are required and two have been provided, thereby meeting the requirement. Dead-end Parking Bays: Pursuant to LDR Section 4.6.9{D)(4)(c), Dead-end Parkins Bays, a 24' wide by B' maneuvering area is required at the er~d of dead-end parking bays. The maneuvering area provided on the sub-level parking floor meets this requirement. Loading: Ho#els 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 fhe hotel operator, and our experience, we are of the opinion that for this project, one will be sufficienf. The time of loading operations will be controlled to limit the Impact on the guests and general pubtic. " ' The 45,860 square feet building area of the hotel is less than half of the range provided in the guidelines table for hotels requiring 2 loading spaces. Additionally, the proposed hotel does not have any of the components which would generate additional loading demand such as a restaurant or mee#inglbanquet facilities. Since the hotel also has its own laundry, a linen service will not be needed. SPRAB Staff Repart Hotel Vista Del Mar - Class V Site Plan Approval Page 4 In addition to the one loading space provided, smaller delivery vehicles can utilize the regular parking spaces in the garage or the drop-off and check-in spaces in front of the lobby to make deliveries. Based on these factors, one standard 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, na loading or unloading of vehicles,. except trash pickup,. is permitted an Salina Avenue. This has been added as a condition of approval. Pursuant to LDR Section 4.fi.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 is located between two parking spaces which extend behind the loading space. To accommodate the required maneuvering area, the loading space has been widened to 14'. This allows a 30' turning radius in both directions. Drop-off Area: The applicant provided a traffic statement dealing with the adequacy of a two space drop- off area shown on an earlier version of the plan. The analysis indicated that the maximum number of trips entering the hotel requiring check-in and baggage drop-off would be 70 per day, assuming a daily turnover of all hotel rooms. Since the usual 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. With two spaces, fi vehicles per hour could be accommodated in each space. This allows ten minutes for unloading and parking per vehicle, which should be adequate. As shown in the above analysis, at least two spaces are needed for guests checking into the hotel. Since the size of the drop-off area has been reduced, two of the parking spaces far the project, opposite the lobby are being converted to temporary spaces for check-in and luggage drop-off. This can be accomplished, since the parking requirement for the project has been exceeded, 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 aisleway is 20' when 50 parking spaces are provided in a parking area. The proposed stacking distance from Salina Avenue to the aisleway (ramp} is 14'. A waiver is required to reduce the stacking distance for this driveway entrance from 20' to 14'. Pursuant to LDR Section 2.4.7{B)(5), prior to granting a waiver, the approving .body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an Unsafe situation; or, (d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances an other property far another applicant or owner. SPRAB Staff Report Hotel Vista Dsl Mar - Class V Site Plan Approval Page 5 The proposed parking design provides for driveways to Ocean Boulevard and Salina Avenue. Therefore, the demand for stacking distance at any one driveway is reduced since the vehicle- trips are distributed, Additionally, the reduced stacking distance only affects the exiting traffic. Since ,incoming vehicles have a stacking distance of 24' to the dawn lane of the ramp, Safina Avenue is not impacted by the reduction. 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(8)(5}, Waiver Findings can be made. Although not requested at this time, it is noted that the establishment of a valet queue in front of the hotel lobby would nat have adequate stacking with the current design. Therefore, a valet queue is no# pemnitted at this time. The establishment of a valet queue will require design revisions to accommodate the required stacking and approval of a Site Plan modifcation. This has been added as a condition of approval. Point of Access; Pursuant to LDR Section 4.6.9{D){3)(a), the point of access to a street or alley shalt 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 36' wide at the property Line. The additional width allows for a raised median to be placed in the center to restrict turning movements to right-turn in and right-turn out only. This is being proposed to minimize traffic conflicts due to the closeness of the Atlantic Avenue intersection. 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 traffic. These triangles are required for walls, fences, and landscaping. The visibility triangles at the garage entrances are approximately 10' on Salina Avenue and 8' on Ocean Boulevard, where 20' is required. A waiver to this requirement has been requested. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) Shall not adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; 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 is setback 10' from Salina Avenue and 5' from Ocean Boulevard. Since the driveway entrance on Salina Avenue immediately enters the parking garage, the wall of the stair tower encroaches into the required 20' visibility triangle. Similarly the building columns on either side of the entrance on Ocean Boulevard encroach into the visibility triangle. Salina Avenue is a narrow roadway which dead-ends approximately 150' SPRAB 5taf€ Report Hotel Vista Del Mar - Class V Site Plan Approval Page 6 south of the subject property. The 10' 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. Upon exiting the garage, the visibility triangle from the exit lane is 20' in both directions. The visibility triangle for Ocean Boulevard is greater than 20' except for the encroachment of two major columns which reduce it to 8'. However, from the driver's position in the vehicle, the actual visibility triangle for the exit lane is approximately 20' in both directions. Also, there is an additional 12' between the property line and the travel lanes for Ocean Boulevard. Given these conditions, the reduction of the visibility triangle to 8' on Ocean Boulevard is appropriate. 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. Sidewalk: Pursuant to LDR Section 6.1.3(B}, 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 Avenue. It is noted that the proposal includes installation of a new paverbrick sidewalk on Ocean Boulevard, adjacent to the subject property. 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 signifcantly 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. Back-out parking exists along both sides of this roadway artd there is not room to install a sidewalk within the existing right-of--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 for Salina Avenue is 60' and a 21.43' right-af--way currently exists. Pursuant to LDR Section 5.3.1(D)(4}, a reduction. in right-of way widths far existing streets may be granted by the City Engineer upon SPRAB Staff Report Hotel Vista Del Mar- Class V Slte Plan Approval Page 7 favorable recommendation from the Development Services Management Group {DSMG}. The DSMG recommended that reductions in right-of-way width far 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, Liahtinp Restrictions Along Beach, stated as follows: "No artificial lighf shall illuminafe any area of the beach which is used for furfle nesfing aRd hafchlings. In order fo accomplish fhis, all lighfing shall be shielded or screened so fhaf fhe light is not a visible source from the beach during fhe night period from April 7, fo October 39 of each year. "Night Period" is defined herein as .being fhaf 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 fixttares which could be visible through windows or other building openings. Details of measures #hat 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. Trash Compactor: An enclosed trash compactor area with atoll-down gate is provided under the building on the fast floor. Trash pick-up will be from Salina Avenue via the roll-down gate, B1=1 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 from the first floor. 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. Since the subject property is located within the TCE.A area, a hike rack has been indicated in front of the building on Ocean Boulevard. Coastal Construction Control Line: The building is located west of the Coastal Construction Control Line and does not require a DEP permit. Existing Site Conditions: The survey indicates that the buildings to the south encroach into the subject property by ~/4". This encroachment will need to be accommodated in the fnal design of the hotel. Additional encroachments by an air conditioning unit and electrical box will also need to be SPRAB Staff Report Motel Vista Del Mar - Class V Site Plan Approval Page 8 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. 1. Provide e~ltration trench percolation test results; 2. Provide documentation that the Salina Avenue drainage system has adequate capacity to handle the additional stormwater flow; 3. Provide FDOT driveway connec#ion and drainage permits; 4. Provide fire. flow calculations; 5. Show the height of the elevator tower, elevator equipment room and mechanical equipment area on the roof; and, 6. The Engineering Plan must be consistent with the site plan. t 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 prodded in order to add interest and provide relief from the building mass. The proposed building cavern most of the site with most of the parking and service functions also under roof. Therefore, the proposed landscaping for the project is minimal. The main entrance to the building is on Ocean Boulevard. A planting area with a pair of Coconut Palms with Dune Sunflowers between them will be located on either side of the entrance facing the street. The Coconut Palms are relocated from elsewhere on the site and are fisted as 25' - 35' in height. Given the height of the building, this height is necessary in order to be in scale with the building. The planting area on the north side of the entrance, in front of the hotel lobby, includes 3 European Fan Palms, Purple Crinum Lilies, Variegated Arboricoia, and Green Island Ficus. The planting area on the south side of the entrance includes Purple Crinum Lilies, Variegated Arboricola, Ti Plants, Pathos Vines and Green Island Ficus. A line of (8) Coconut Palms are proposed on the south side of the building. The trees will be spaced every 20' to comply with the spacing requirements where commercial abuts residentially zoned property [ref. LDR Section 4.6.1fi(H)(3)(e)). Triple trunk Pigmy Date Palms will be located between the Coconut Palms with Xanadu and Variegated Arboricola utilized under the tree canopy in the area. Boston Ferns will be located adjacent to the SPRAB Staff Report Hotel Vista Del Mar-- Class V Site Plan Approval Page 9 parking spaces and {24) 8' high White Birds of Paradise will be planted along the property line. A 10' landscape strip is provided along the west property line between the building and Salina Avenue. Nine 25' - 35' high Washingtonia Palms will be provided within the landscape strip with Purple Crinum Lilies and Xanadu located under the tree canopy. Podocarpus will be located immediately adjacent to the west building line to screen openings in the parking garage. A fine of {6) Sabal Palms with Variegated Ginger underplantings are proposed on the north side of the building. An Arboricola hedge will be provided along the face of the building and Wart Fern will be utilized as a ground cover between the hedge and the property line. The floor plans indicate that a landscape area is provided on the fifth floor in the rear of the building in front of the balcony, However, the landscape materials for this planter have not been identified. This has been listed a landscape technical item. Several changes were made to the site plan after completion of the Landscape Plan.. These changes reduced the size of the planting areas in front of the hotel. The Landscape Plan will have to be modified to incorporate these changes. This has been listed as a landscape technical item. The proposed landscape plan complies with LDR Section 4.6.16. Landscaae Technical Items: The following Landscape Plan Items remain outstanding, and will need to be addressed prior to building permit submission. 1. Identify the landscape materials in the planter in the rear of the building on the 5~~' floor. 2. The .Landscape Plan must be consistent with the site plan. ''~.,~~" ~ ann .A RfC H 1'1f•~~',C~°-°f~'A L E L~.V~/~ ~`1`.~~,kS 'f ,~~ The proposed architectural elevations contain a mixture of design elements. The first floor of the east fagade consists of a large arched opening and four smaller arched openings supported on columns along Ocean Boulevard. The central opening provides access to the parking garage. A sidewalk is provided on the north side of the entrance road and the hotel lobby is visible under the building. The columns on this floor are cast coquina, painted yellow. The next four floors contain the hotel rooms. The far~ade contains a series of step backs from north to south which follow the angled front property line. The design is repeated on the 2"d through 4~' 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 top. 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 shutters. The walls are stucco,- painted yellow. The 5#h 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 with a scare line in the stucco near the top. SPRAR Staff Report Hotel Vista Qel Mar ~- Class V Site Plan Approval Page 10 The same color scheme and architectural details with some variations are found on the north and south facades. To maximize ocean views for the hotel rooms, the walls 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 the west side of the south facade. The ground floor on the south elevation is open, exposing the parking garage. A 6' cbs wall, finished in the same style as the base of the building with painted stucco and horizontal score lines, has been added along the south properky line to screen the vehicles. On the north elevation, the parking garage is completely enclosed. To break up otherwise blank walls, decorative shutters are used on bath facades between the hotel room balconies and the front and rear of the building. A large arched opening provides access to the garage on the ground floor of the west facade, A column divides the opening in two with the ground floor of the garage and ramp area visible through the openings. An enclosed trash compactor area with a coif-down gate is located on the north corner of the building. A stair tower with a green metal hipped roof is located on the south corner and two faux windows with Bahama shutters are used on each floor of the tower. Above ground level, the wall plane is broken up by a recessed balcony in the center of the building on each level. The balcony is accessed via a central door-and-an-addf#ional-dooFlocated-on~i##~er•-side-far-direct access--tohotel-~roorr~s~h~ wall plane of the upper level is stepped back an additional 8' wi#h a planting area provided in front of the balcony. Cementitous siding is utilized on the wails behind the balconies and on the upper level. Two faux windows with Bahama shutters are utilized on each floor between the open walkway and the north comer of the building, matching #hose on the stair tower. The building is set back 10' 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. The recessed balconies, step back on the 5xh floor and the use of tall Washingtonia Palms in front of the fagade will serve tv break up the mass of the building and lessen its impact on the adjacent development. 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 tower. Pursuant to Section 3.'[.1 (Required Findings), prior to the approval of .development applications, certain findings must be made in a form whfch 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, SPRAB StafF Repnrt Hotel Visa Del Mar - Class V Si#e Plan Approval Page '[ ~ Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Section 3,1.1(A) -Future Land Use Map; The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Zoning District Map designation of CBD (Central Business District) and has a CC (Commercial Core) Future Land Use Map designation. Pursuant to LDR Section 4.4.13(B), Principal _Uses and_Structures Perm_ fitted, 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 -Concurrent : 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, 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) -Consistency (Standards for Site Plan Actions): Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.51jF)(5) 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 f nding 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(F)(5) (Site Plan Findin~sl: 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-orien#ed 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 ofi Atlantic Avenue. The Marriott hotel complex is located just north of Atlantic Avenue. SPRAB Staff Report Motel Vista Del Mar - Class V Site Plan Approval Page 12 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 wi#hin 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. 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 planted along the facade. This facade is compatible with the adjacent condominium. The west facade of the hotel borders one and two-story residentia! buildings on the other side of Salina Avenue. The hotel is set back 10' from Salina Avenue. The proposed design includes recessed balconies, an 8' step back of the 5t~ floor and the use of tall Washingtonia Palms in front of the facade. With these design elements to break up the mass of the building and lessen its impact, the hotel will be compatible with the adjacent residential development. The Boards concerns regarding the abutting property to the north have been partially addressed by moving the majority of the building 8' back from the property line, thereby allowing the addition of foundation planting along that facade. However, concerns regarding ocean-visibilit~t-fi-~ m,e-n er#hern-hot~F-reer~s-i€-a--ba+ldir~g-e€-eq~a{-heigh# were-tfl~ ._ - be constructed to the north have not be addressed. It is noted that the impact of this scenario would be reduced if the comer unit an each Hoar (4 units} were removed. The opening created between the two buildings would allow air, light aril ocean visibility, albeit reduced. By not addressing this issue now and ensuring at least some ocean visibility, a potential problem with compatibility in the future may be created and may hinder redevelopment of the adjacent property. To avoid these potential problems, staff recommends that the corner unit on the each level be eliminated. If the applicant is unwilling to make this change, it is recommended that the applicant acknowledge on the record, the potential for loss of ocean visibility, fight and air, and agree not to oppose the redevelopment of the property to the north on the basis of those issues. A positive finding can be made that the development will be compatible and harmonious with nearby properties and the City as a whole, provided the conditions of approval are addressed. The project will fulfill the need for additional hotel rooms in the city and promote additional economic development. This should have a positive effect on property values in the area. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use and intensity is approprla#e in terms of soil, topographic., and other applicable physical considerations, is complementary to adjacent land uses, and fulfils remaining land use needs. SPRAB StafF Report Hotel Vista Del Mar- Class V Site Plan Approval Page ~ 3 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 Central Business District and will be developed in a manner consistent with that zoning designation. The pro}ect 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 Policy A-72.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. if It is determined 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. Trash is being accommodated via an enclosed, air conditioned compactor which wil! prevent odors. Noise will be minimal since the 70 rooms are accessed internally and the hotel doesn't have a restaurant or conference facilities. Traffic generated by the facility will only be 579 trips with Ocean Boulevard as the main access and Salina Avenue as the secondary access. 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. ~blective 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: Policy_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 conned 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 Central 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 for turtle nesting and hatchlings. 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 SPRAB Staff Report Hates Vista Del Mar- Class V Site Plan Approval Page 14 an opportunity to connect to the City's storm water management system. However, the project will be connected to the City's sewer sys#em. Section 3.1.7 dDi -Compliance With the Land Development Regulations: As described under the Site Pian Analysis of this report, a positive Ending of compliance with the LDRs can be made, provided Site Plan Technical Items and conditions of approval are addressed. Downtown Development Authority (DDA) The DDA reviewed the request at its meeting of May 1fi, 2001 and recommended approval subject to addressing the technical site plan issues raised by staff, which are contained in this report. Community RedevelopmentAgency (CRA) The CRA reviewed the request at i#s meeting of June 16, 2Q01, 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. _- aurtesy o ce: -~ -- --- 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 ~° .~~__ ~ ~. ,;~.~r~*~~~~.8 ~ ~-~ T F~ [~ © c o SIC L'tl.~~i'~O~.N~.ffS The development proposal to construct a 70 room hotel on South Ocean Boulevard will be consistent with the policies of the Comprehensive Plan provided the conditions of approval are addressed and the associated waiver requests regarding the reduced stacking distance from Salina Avenue, the reduced site visibility triangles on Salina and Ocean Bouievard and the sidewalk along Salina Avenue are approved.. The revised floor plans and building elevations seem to address the Board's previous concerns as they relate to the massing of the building and compatibility with adjacent development. Loading concerns have been significantly reduced since the restaurant has been eliminated. 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. ' os A'~ Y,F ~'ACTION.S ~, 1. Cantinas with direction. SPRAB Staff Report Notei Vista Del Mar - Class V Site Plan Approval Page 15 2. Approve the Class V site plan, landscape plan and elevations for 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. 3. Deny the Glass 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. ~.~.... ~~.~.'- ~.'. R='I~.~OM~,~N,O.ED'A°CTI By separate motions: Waivers• Approve a waiver to LDR Section 4.6.9(D){3}(c}(1}, to reduce the required. stacking distance for the Salina Avenue driveway entrance from 20' to 14'. 2. Approve a waiver to LDR Section 4.6.14(A), to reduce the visibility friangle at the Salina Avenue driveway entrance from 20' to 10' and at the Ocean Boulevard driveway entrance from 20' to 8", based upon positive findings with LDR Section 2.4.7{B)(5). ~~i ppro~e a waiver o ~ eS cfor~ i? 'f:3(B}~ fo elimr- n~ a rtfi~"equrred siTewalk 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 submit three (3) copies of the revised plans; 2. No loading or unloading of vehicles, except trash pickup, is permitted on Salina Avenue; 3. A valet queue is not permitted under the current design. Redesign of the front entrance area to provide the necessary s#acking and approval of the site plan modification will be required prior to opera#ing a valet queue at this location. 4. Alighting plan which details mitigation measures for all light sources visible from the beach must be provided; and, 5. The trash enclosure area must be deodorized and air conditioned. SPRAB Staff Report Hotel Vista Del Mar-- Class V Site Plan Approval Page 18 Landscap® Plan: Approve the landscape plan for Ho#el Vista Del Mar, based upon positive fndings with respect to Section 4.fi.16 of the Land Development Regulations subject to the following conditions: 1. Address all Landscape Technical Items and submit three (3} copies of the revised plans. 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. That additional architectural elemen#s 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, and Building Elevations 1lmisrvD011departmentslpianning & zoninglboardslsprablhotel vista del mar revised 2.doc Pursuant to Section 3.1.1 (B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be rnet 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 6" 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 Salina Avenue 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 Endings 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 swaie along the south side of the property. Runoff from the roof will be discharged into catch basins at the northwest and southwest comers of the building and all the drainage will be diverted to exfiltration trenches along the west properky line. Exfiltration 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 flow 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 TCI=,4 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 wi[I generate 374 additional trips onto the surrounding roadway network. The additional traffic generated will not have an adverse impact on this level of service standard. Parks and Oaen Space: The 70 additional roams 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 Appendix A Standards for Site Plan Actions Page 2 Required, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, impact fee of $500.00 per dwelling unit (including hotel rooms) will be collected prior to issuance of building permits far 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 Caunty 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 of service standard can be made. L °'ISTAt~D,A'RC}S FQI~ ~~'=tTE° P~A;1'~~, AGT~;~ON5 , 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 Provided reliefi is granted far 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 found under Objectives D-1 and D-2 of the Transportation Element, Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Nat applicable Meets intent of standard X. --©oes natmeet-inten 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 shat[ 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. 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 cun'ently vacant, k is noted that the project will provided needed hots! rooms in the City and will be complementary to adjacent uses, provided the conditions of ap removal contained in this report are met. Appendix B Standards for Site Pfan 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 6e 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. 1=actors such as noise, odors, dust, traffic volumes and circulation patterns shalt 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 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 actiorts #o remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent .l. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of alt 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 infli projects having fewer than 25 units. 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PROJECT PLANS D. Hotel Vista Del Mar West Side of South Ocean Boulevard A-1 A A roximatel 300' South of Atlantic Avenue: Class V Site Plan Landscape Plan, and Buildino Elevations Associated with the Construction of a.7'I Room Hotel with a~ 1.333 sq ft. Restaurant Robert Currie Authorized A enc. QU~4SI-JUDICIAL~HEARING Chairman Branning stated that this item would be conducted as a quasi judicial hearing, which allows for presentations, by all involved parties, the admission of documents into the record and public testimony. The Board Secretary, Loretta Heussi, swore in those individuals who wished to give testimony on this item. Mr. Ron Haggard, Senior Planner presented the item to the Board through a review of the staff report. The site currently contains the Bermuda Inn, a 20 room, fi~vo- story motel (constructed in 1968}, with a pool and associated parking, and is zoned CBD (Central Business District). Immediately to the north of the proposed site is Boston's that has a 2 story, restaurant, apartments, and a parking lot. To the west of Salina Avenue there are one and two story residential buildings. The development proposal is to demolish the existing motel and construct a new hotel. Mr. Hoggard explained that the new hotel has a total of 71 rooms, a private gymispa, a rooftop swimming pool and a 1,333 sq. ft. restaurant. There are a total of 59 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. The development proposal also involves the following waiver requests, which Staff supports: ^ To reduce the visibility triangle at the Salina Avenue driveway entrance from 20' to 13'. ^ To eliminate the required sidewalk along Salina Avenue. Mr. Hoggard continued that the technical problems identified- in the staff report are such that major revisions to the building design will be required #o address the issues. The resultant design may vary considerably from the current submittal. Mr. Hoggard stated that the applicant has addressed several of the technical problems, and that the applicant will explain how the issues were resolved. Mr. Hoggard stated that if the Board chooses to approve the plan with conditions to address the issues that the appropriate motions are outlined in the staff report. Mr. Hoggard highlighted the following issues stipulated in the staff report that needed to be addressed to be in compliance with the Land Development Regulations: ^ The Bahama shutters on the north facade of the building must be removed or an easement obtained for the encroachment on the adjacent property. 4 SPi~AB Minutes 6/20/Df ^ The design of the loading area must be changed to provide the required maneuvering area and the garage entrances must be modified or the height of the 1 st floor increased to provide '12' of vertical clearance ^ All Site Plan Technical Items need to be addressed. v Alf appurtenances on the roof, which are not required must be removed. Mr. Hoggard explained that if the applicant seeks to have the appurtenances, which are not required project above the 48' high roof deck, the applicant would have to apply for a waiver, which would have to be approved by the City Commission. Also, there may be an issue with a Comprehensive Plan policy that states that no residential development shall exceed 48' in height. An interpretation of this Gomprehensive Plan policy would have to be made by the City Attorney. ^ No loading ar unloading of vehicles is permitted on Salina Avenue. ^ A fighting plan which details mitigation measures for a[I Gght sources visible from the beach must be provided. ^ Additional access to the trash compactor that does not require opening the roll- down gate on Salina Avenue must be provided. ^ If a valet queue is established in the drop-off area, it may only be used for guests of the hotel. ^ That the Coastal Construction Control l_me be shown on the survey and that a DEP permit be received for any development east of the I'rne. ^ Increase the size of the Coconut Palms used on the site to be in scale with the building. ^ Add a pair of Coconut Palms on either side of the main entrance; ^ Increase the depth of the raised planting bed along the south property line to 3fi". ^ The Alexander Palm trees should be replaced with taller trees such as Washingtonia Palms where passible along the rear property fine. © That portions of the building be set back an additional 5' from Salina Avenue to allow variations in the plane of the wall and that additional architectural features be provided to add interest. ^ That additional windows or other architectural elements be added to break up the large expanse of blank wall and add interest on the north elevation. Mr. Hoggard gave a brief overview of the required findings as outlined in the staff report that relate to consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Mr. Hoggard entered the following pertinent document into the record:, the Planning and Zoning Department's Project File 200'i-008-SPF-SPR. SPRA$ Minutes 6120/D1 Chairman Banning inquired what Staff's recommendation was at this moment. Mr. Hoggard stated that the applicant hasn't addressed all the site plan technical items, the building height issue, loading, and compatibility, and would prefer to see how the issues have been addressed and then ifi can be discussed further. Mr. Eliopoulos stated for the record that he had contacted Robert Currie Partnership for clarifcation regarding the development proposal. Mr. Eliopoulos had also received verbal comments €rom Mr. John Bennett, Mr. Kevin Warner, and Mr: Harvey Oyer, Attorney. Chairman Branning arid. Mr. Perez-Azua stated for the record that they had received a telephone tail from Mr. Harvey Oyer, Attorney, however neither of there had spoken fio Mr. Oyer. Ms. Borchardt, Mr. Sneiderman, and Mr. DeCapito stated for the record that they had also received verbal comments from Mr. Harvey Oyer, Attomey. Mr. Jose Aguila, Architect at Robert Currie Partnership., representing the developer, handed out 11" x 17" size revised plans that depicted the changes they had made as a consequence of Staffs conditions of approval. To be readily seen, Mr. Jess Sowards, Architect displayed a larger scale drawing. Mr. Aguila stated that it is important to remember that one of the goals, which is stated in the Comprehensive Plan, is too encourage redevelopment to the areas that safer to our tourists trade and bring income into the City. We have a village by the sea proposal, which encourages redevelopment projects and it is important for the Board to consider the good that will come from this project. This development proposal will fulfill the need for additional hotel rooms within the City. Mr. Aguila explained how they dealt with the issues outlined in the staff report as follows: © Removed the Bahama shutters on the north fagade of the building. n Several of the building towers have been removed. Also, the remaining towers have been reduced 10'. which is 55 feet to the peak. v Parking issue - the meeting rooms have been removed and now are administrative offices, therefore we don't have a parking shortage. Also, the restaurant has been modified to 1,333 sq. ft. The columns encroaching into the parking space although they don't agree this is an issue, the parking has been .adjusted, and the columns don'# encroach at any point or at any level into the parking spaces. v The compact parking space located west of the parking ramp has been removed. ^ The western and northern most parking space between the ramps of the garage and Safna Avenue, which had a parking space that caused a maneuvering problem has been removed. 6 SPRAB Minutes 6/20101 '~~ ~:. ', ^ Handicapped parking -the handicap parking has been divided so that there is one handicap parking space on south and two on the north. With direct access to the restaurant and the lobby. This is no longer an issue. ^ The site plan has been adjusted to accommodate a 24' wide by 6' maneuvering area at the end of dead-end parking bay. . ^ The loading area has been moved to the west. ^ The arches have been raised and squared off to provide the adequate clearance. ^ The fire truck access condition has been eliminated. ^ The east elevation of zhe building shau}d be moved further west to allow a drive off of Qcean Avenue, and we don't agree. ^ The main access driveway width in front of the building has been increased to 24'. ^ Agreed with Staff to provide a lighting plan-which details mitigation measures for all light sources visible from the beach. ^ Have added a trash chute system. ^ A bike rack has been provided on the NE corner of A-1-A. ^ The fire pump room has been located to the NW corner and is no longer on the roof. ^ The sidewalk has been extended through the driveway entrance on Ocean Boulevard. ^ Agree with Staffs Landscape Technical Items. a Can add windows or other architectural elements to the north far~ade. ^ Have added scoring, removed the towers and the pergolas to the west elevation and can add a different paint scheme. ^ The two houses to the west are owned by our client, and there is a possibility that this area will be rezoned, therefore the houses will not exist. ^ Cannot move portions of the building back an additional b' from Salina Avenue because the required setback for Salina is zero. ^ The hotel is compatible and harmonious with the adjacent and nearby properties. ^ Columns -you are allowed to encroach on the parking line and doesn't agree with Staff, and felt it was a misinterpretation. Mr. Aquila requested that. the Board would allow the encroachment. However, he did feel that this issue should be discussed further. Mr. Aquila concluded. that he felt that they have demonstrated that they have complied with all the issues ou#lined in the staff report, and was available to answer any questions. Chairman Branning asked if there were any individuals that wished to speak in favor of the project. There were none. 7 SPi~Ae Minutes 6120109 ~l Chairman Branning asked if there were any individuals that wished to speak in opposition of the project. The following individuals spoke from the public. Mr, Harvey Over., Attorney, stated that he is representing Mr. Donald Robinson, who is a properly owner on Salina Avenue. Mr. Oyer explained that his client awns three lots on Salina Avenue, in fact one of the three lots is immediately behind the Bermuda Inn. There are three properties immediately to the west, and only two are owned by the applicant, and the third, a single family home, is owned by Mr. Robinson. Also, Mr. Robinson owns two others on the street. Mr. Oyer stated that they have the following concems: (1) The height of the building, which is fairly traumatic. The footprint takes up virtually the entire piece of property,. which is about 4110 of an acre. Even with the reduction, it is still a pretty precipitous rise, when you are looking out the door of a single family home, and you have about a 15 foot front yard, 21 foot wide road, with no swales, no sidewalks, and no additional right-ot way. (2) The code requires that the road is 60 feet wide, and it is only 21 feet wide, which is about a third of what we feel we would Tike to have. In fact, the alley is 20 feet, so it is basically the sarne as the alley. The 20 feet plus the 5' setback means that you aren't very far away from a 55' building, which blocks light, air, and as you saw from the west elevation, the building is not particularly attractive either. We hope that if this is approved that the :applicant would make the building more attractive. (3) This also does not step backwards in anyway, and according to the Land Development Regulations, it is encouraged tha# as height increases buildings are set backwards to mitigate this issue. Mr. Oyer continued that the applican# has absolutely maximized everything that they can; minimum setbacks, maximum height, no setbacks, and no open space. We understand that this makes economically sense for them, but for the residences that live in a long standing residential neighborhood, immediately behind the building, and immediately to the south, that is a pretty intimidating building to be put in place. {4) Traffic issues. (a) Res#aurant garbage dumpster contains a lot of odor, attracts raccoons and other wild animals that live on the barrier island, (6} Parking -there will be employees that need to park some place,. and combined with the existing shortage of parking, where will everyone park in my client's backyard. Several of our minor concems are: location of mechanical and air ducts; will there be window air conditioning; drainage issue. Mr. Oyer stated that they haven't had a chance to review the proposed changes presented tonight, and requested that the Board table the proposal. Mr. John Bennett, Vice-President, Governmental Relations for the Beach Property Owner's Association, Inc. stated that he doesn't fal[ under either category of in favor or in opposition of the proposal. Mr. Bennett had written a letter expressing concerns with the scale of the building, traffic flow and adequacy of the supplied parking, which a copy was attached to the staff report. He stated that it is not really easy to comment on plans that have drastically changed from the time he wrote the letter. Mr. Bennett had two questions, which were: {1) Are the revised appurtenances truly required for fire purposes, and if so, do they absolutely have to be on the roof, because the appurtenances significantly increase the apparent mass SPiZA6 Minuses S12o101 -~ .1 . and height of the building. The association has concerns with maintaining the resort atmosphere. (2) What is the fmal parking space count and how does this relate to the actual code requirement. This is a serious concern because of the existing shortage of parking spaces. Mr. Cary Glickstein, 277 SE 5~' Avenue stated that his concerns are: {1) That there is a signifcant congestion problem at this intersection. I would suggest to you that these plans, in terms of the parking areas,. that the building will .probably require a transfer slab. However, it is impossible for the architec#, as competent as their are, to tell you where those columns are going to be a# this point. 5o i feel discussing trse parking space is premature at this time. Mr. Glickstein did feel that the issues #ha# had been raised were pertinent, such as, Coastal Construction Control Line and compatibility regarding what the height restriction is in that area. The economic liability of we need to get a certain height ar we can't do anything because it reduces the size of rooms or eliminates rooms is not relevant. What is relevant is the state of more than just one property owner and their development of that property. There are a lot of other people who are concerned about commercial intrusion in this area, numerous changes, and the significant issues that haven't been addressed, therefore everyone is entitled to see these issues. Mr. Perry DonFrancisco, Vice-President and Owner of Boston's On The Beach, [nc., stated tha# they own the abutting property immediately to the north of the proposed hotel, and he is here tonight to represent our company's concemslissues. In all due respect to environmentalists, Bos#on's might receive more consideration if we were turtle hatchlings. Mr. DonFrancisco handed out a ske#ch of Boston's adjacenf to the proposed hotel, and presented the following concemslissues: • The east setback which is at 5' eliminates Boston's sunny view from both the upper and lower deck patios, and our interior second floor picture window. Bos#on's patios are not shown on the applicant's drawings their drawings show behind our patios. • The hotel's proposed northern boundaries has no setbacks and abuts our southern boundary, which will eliminate our natural light on the sou#h side. The structure will create a cavern that blocks our building. • The zero lot line between the proposed hotel and Boston's creates a safety issue. Excavation is necessary and the hotel will no# only abu# our property line with the structure on grade, but intends to go one level below. Down immediately next to our structure and we are 31? yards from the shoreline. Thus, jeopardizing the structural integrity and safety of our building and the public. • Zero lot line building to building is one thing, but building to patio is another. The proposed hotel guests and Bos#on's customers will be able literally to touch each other on the second floor from their respective patios. They would be able to crawl back and forth. This may be convenient if Boston's were to receive the roam service account. • The hotel will coexist with our operations and will create and automatic complaint situation. ~ SPRAB Minutes 6120101 • Staff is recommending that additional windows or other architectural elements be added to break up the large expanse of blank wall and add interest on the north elevation. A comment was made that you won't see the north elevation because Boston's would be in front of the hotel, however if you look at the proportions of Boston's with this structure, Boston's is probably 113 ofi the total height of the proposed hotel: • If the applicant can build zero lot line, five stories, and Boston's decides to develop their present undeveloped properly five stores on the same zero lot line, are we now infringing on the applicant's now approved northern exposure views. Would we be allowed to break up our lot, length, southern walls with windows? Whereby windows in both buildings would) be facing each other. Is this not a fire hazard? • The applicant blocks the views, and the air flow of the northem side rooms with their own northeastem rooms that project northward beyond the site plan of their own set of rooms. This project assumes that the properly to the north will not develop five stories, however Boston's future development must be taken into consideration and not restricted. • The northeastern rooms, which but up to the lot line must be reconsidered for the following reasons: proximity to our public patio;. if blocks the air flow and view of its own northwest rooms; potential fire hazard to both buildings; is there an adequate fire escape route for the northern rooms .beyond the east elevation when its sealed off to the east and wes# elevation; the north elevation, which is our south property line, zero lot line, the parking garage wil! be enclosed by the wall, but it will only be opened on the north boundary to allow natural light and ventilation, which Boston's natural light is being removed and. the fumes will ventilate into our building; loss of view. • If the hotel or restaurant can't absorb the parking provided for the facility then the automobiles wip stack- in the. southbound lane on A-1 A. The automobiles will stack directly in front of our patio diners, which will create obnoxious views, obstructions, and traffic accidents. More parking and traffic is only adding to the congestion on Salina Avenue. Both Boston's hotel and restaurant lot would be obstructed, if this is allowed. Mr. DonFrancisco stated that it is their position that the City, the Board; and the Developer, please acknowledge the aforementioned concerns, and make the appropriate necessary adjustments of this project. Mr. Kevin Wamer, 248 Venetian Drive stated that his sentiments are similar to the ones already mentioned. He was in favor of the concept being proposed, however many of the objections already raised were his concems. The City's CBD code requirements already exist and needs to be adhered to. The Comprehensive Plan is very clear regarding compatibility with the surrounding area. Mr. Warner stated that this project was too large, and a little moderation is called for to maintain all the visual and :aesthetics qualities of that corner, part of the beach, surrounding area and compatibility issues. Also, he felt very strongly that the financial realities were not a concern for the public, because such a large project as this one should not be 1D SPRAB Minutes 6/2o/t)'1 crammed into a small area. Mr. Wamer encouraged the Board to take Staff s recommendation, and have it reworked, give direction, and to come up with something that is more manageable, more reasonable in scale, and addresses all the specific issues that have been raised. Chairman Branning declared the public testimony closed. Chairman Branning asked the applicant if #hey wished to cross-examine staff. Mr. Aquila replied no. Ci~iairtnan Branning asked staff if they wished to cross-examine the applicant. i~lr. Hoggard replied no, bu# fel# that several conditions shouid be added based on their mod~ed plan. The Board made the following comments or asked the following questions. • Ms. Borchardt stated that she strongly agreed that the project should- be tabled, because there have been numerous changes since the document requiremen#s were submitted to the Board. There were some very good points that were raised tonight. She would [ke to have the following items put on the plan: elevations referencing were the height was measured from and the type of roads that have been explored, more details of the north elevation, calculations of the pervious area, because there is no pervious area. • Ms. Borchardt asked if the setbacks were actually measured from the parking s#ructure below ground or from some place else? Mr. Hoggard stated that it is measured from the upper level. • Ms. Borchardt stated that the proposed trash compactor located on Salina Avenue directly across the street from single family residence shows a lack of sensitivity. • Ms. Borchardt inquired if the functional analysis of the parking stnacture was submitted to Staff for review and does it actually work. There are parking spaces that no one could passibfy get into, such as below ground and by the elevator. • Ms. Borchardt stated that a floor area ratio is a good indicator of how much building mass there is compared to an acreage of the site. This is a very intense site and the applicant should be more sensitnre to the surrounding area.. • Mr. Sneidem~an stated that what was insensitive to him was sidewalks. The applicant isn't providing a sidewalk on the west side of the building, because of having no way to get to the sidewalk from the sides of the building. Mr. Aquila stated that there are no sidewalks at all on Salina Avenue. Mr. 5neiderman stated that he did not understand the whole concept of no sidewalks on Salina Avenue. Mr. Hoggard explained that there is not adequate right-of-way on Salina Avenue to provide a sidewalk, and that there is no ability for an extension of the sidewalk to the north ar south. ~~ SPn,a6 Minutes srzo~oi .-.~ • Mr. DeCapito was in favor of the concept, but was not clear on the height restrictions and appurtenances on the roof. Mr. Hoggard explained what the City codes stipulate and that a waiver for a higher height would have to be approved by the City Commission. • Mr. DeCapito inquired about the drainage. Mr. Hoggard explained the minor drainage problems. • Mr. Perez Azua stated that verifcation of the location of the Coastal Construction Line is needed. • Mr. Perez-Azua stated that he was concerned with the entrance to the Ivbby, and having one-ways far eniering and exi#i>; gig, which will cause a stacking problem, congestion and addition traffic on A-1-A. • Mr. Perez-Azua stated that he was extremely concerned about the rear elevations because it needs to be broken up to mitigate the massiveness of the s#ructu re. • Mr. Eliapoulos stated that he was in favor of the concept, but his concerns are: Salina Avenue; trash compactor; the first parking space close to A-1-A you would have to back into the space; intensity of the site; control of traffic; reorienting the bathroom door versus the kitchen door far the. restaurant; does the parking work; and west elevation needs relief. • Chairman iranning stated that he had the following concerns: architectural treatments required by Staff; square footage of the administrative ofhc~s and restaurant to figure if parking spaces are required; pervious area calculation; eas# elevation setback. • Chairman Branning inquired of the windows on the north elevation, would it matter if Mr. DonFrancisco wanted to develop Boston's as a fve-story building, and then what would became of the north elevation. Are these required fire exits? Mr. Hoggard explained the stipulation for fire exits. Further discussion, ensued regarding the stacking, service area, upgrading in landscaping, and other numerous issues of the proposed project. Chairman Branning asked the applicant if he wished to make a closing argument. Mr. Aquila stated yes. Mr. Aquila stated that they are in compliance with the City's code as currently written. The garage, the ramps, fuming radius and percentages work. We have modified our plans to address Staffs conditions, and request that the proposal not be tabled. Chairman Branning asked Mr. Hoggard if he wished to make a closing argument. Mr. Hoggard stated yes. Mr. Hoggard stated that we don't want the building any closer than 5' to Salina Avenue. Also, the fire pump is required to be in its own room. 12 SPfiAB Minutes 612109 Chairman Branning stated that he appreciates the applicant's quick response and great strides to accommodate Staffs concernsrssues of the proposal. However, because the Board is being presented with 11 x 17 size revised plans at tonight's meeting, which the public has not seen, staff has not had a chance to review in detail, and the issues the Board has raised that the proposal should be tabled. He continued #hat by tabling the proposal until the next meeting gives the applicant time to address the issues and everyone the opportunity to review the revised plans. The other Board members concurred. It was moved by Ms. Borchardt, seconded by Mr. Sneiderman and passed 6-~ to table the entire proposal for Hotel Vista del flilar. So tha# il~~e items presented tonight, as well as Staff's issues are included in the site plan and other documentation and presented to the Board. at a future date. A. T~ ite Plan The item before Square. NE 1~ ue Board is approval of a Class I site plan modification for Town .~'. r, nner summarized the~~'land use actions that have occurred and ttto the Board through a review of the staff report. The psi consists of t e installation of four (4) carport canopy structures over #hose~+parking space adjacent to the residential building. The canopies will be e~ghte~n feet {18") irlength and will have varying widths depending an the number of space's within the parking rows (90', 72', and 63'). The canopies wilt be of a Navy Blue vrn~yl matet'ial, which matches the existing awnings on the buildings. Also, the support posts will be Navsr Blue. Staff is concerned that an assumption will be made b c~`stomers, employees, and visitors that the carports are for the exclusive use o the residents, because of the carports being located adjacent to the residential st ctures. Therefore, signage needs to be provided on site that clearly indicates that the covered parking spaces are available for both the office and residential uses. A`Il~r. Pape recommended approval, subject to the conditions outlined in the staff rep rt. ~~ The Board inquiredfrhow many srgn are going to be provided and where will the Mr. Pape, Senior PI presented the item development propo signs be located. Mr. Cary Gfckstein of Ironwood Properties they have gone to a great degree to keep~,th lot of signage. Mr. Glickstein stated that the end of th~site. He felt that regardless o~ spaces would predominately be used by the A leng~fiy discussion ensued, regarding the Board that signage was not needed. 13 stated that this was an issue because site open, and we don't want to have a had considered placing a sign at each the signage provided that the parking residents. and it was the consensus of the SPr~AB Minutes .fi/20/01 ~` .-: ~: 5! 2. (NEiM That a photometric plan be submitted if there are any changes in the site lighting, and no adjustments can be made without submission of an approved photometric plan. After further discussion, Mr, DeCapito amended his motion. It was moved by Mr. DeCapito, seconded by Ms. Dowd to approve the request to remove the condition requiring a photometric plan for the Ralph ls~xulDaewoo Dealership, subject to the following conditions: 1. That a letter be provided by a certified electrical engineer stating that the subject dealership complies with LDR Sections 4.6.8 and 4.4.10(G)(6}. 2. (NEW} That a photometric plan be submitted if there are any changes in the site lighting, and no adjustments can be made without submission of an approved photometric plan. 3. (NE1IV) That any additional square footage to the building or any modifications of the square footage to the building, no matter what the percentage is, will require the submission of a photometric plan. Upon roll call the SPRAB voted as follows: Ms. Dowd -Yes; Mr. Sneiderman - No; Mr. Eliopoulos -Yes; Mr. DeCapito -Yes; Mr. Perez Azua -Yes. Said motion passed wi#h a 4-1 vote. B. Hotel Usta Del Mar, lContinuation from ,tune 2D. 2UQ1 Meetingl: West Side of South Ocean .Boulevard (A-1 A), Approximately 30D' South of Atlantic Avenue: Class V She Plan Landscape Pfan, and Buildino Elevations Associated with the Construction of a 7l] Room_ Hotel with a 1.29T sa. ft. Restauranfi,.Robert Currie. Authorized Aoent. QUASI-JUD1ClAL HEARING Vice-Chairman Perez Azua stated that this item would be conducted as a quasi- judicial hearing, which allows for presentations, by all involved parties, the admission of documents into the record and public testimony. The Board Secretary, Loretta Heussi, swore in those individuals who wished to give testimony on this item. Mr. Ronald Hoggard, Senior Planner stated at its meeting of June 20, 20D1, the Site Plan Review and Appearance Board reviewed the development proposal and tabled the item. Staff had presented the item and noted that revised plans were submitted the day of the mee#ing 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. Mr. Hoggard stated that the applicant has revised the plans, which addresses the issueslconcems raised at the previous meeting. Mr. Hoggard explained that these revisions have been reflected in the staff report. The total number of rooms has been reduced from 71 to 70, the 1,333 sq, ft. restaurant to 1,297 sq. ft., and the tots! of 59 parking spaces to 56, 5 5PRA8 Minutes 7111/D1 L major visual impact on these residential properties. Staff recommends that- steps be taken to create additional variations in the- fiat walls to break up the mass of the building. This could be accomplished by setting back portions of the building further from Salina Avenue ar by opening up the rear hallway to-the outside and creating a continuous balcony. v That additional~archi#ectural elements such as a parapet cap or metal mansard roofi projec#ions be added to the parapet. Mr, Hoggard stated, at this point, Staff supports the two waiver requests and . recommends approval of the site plan, subject to the conditign~ outlined in the staff report. Mr. Hoggard stated that a letter had been received from Mr. John Bennett, ~ce- President, Governmental Relations for the Beach Property Owner's Association, Inc. The letter expressed concerns with the scale of the building, traffic flow and adequacy of the supplied parking, and that a copy of the letter was attached to the staff report. Mr. Hoggard entered the following pertinent document into the record, the Planning and Zoning Department's Project File 2001-008-SPF-SPR. Mr. Jess Sowards, Archi#ect of Robert Currie Parternship, thanked Mr. Ronald Hoggard for all his time and assistance spent with them on this development proposal. He stated that they concurred with the site plan technical items and conditions of approval, and felt that these items could be met quite easily. Mr. Sowards continued that he was going to address the comments/issues/concerns that.were made from the previous meeting. He explained that they wanted to make sure that they built a hotel that is friendly to the City and the community. Mr. Sowards gave a power point presentation, which included addressing the comments made from the previous meeting, and the modifications incorporated to the revised plans. - Underminin Existin Foundations - Coastal Construction Line - Restaurarrt Intens' - Parkin S aces - Stadcin - Draina e - Loadin Zone - Trash Room - Landsca in - Boston's Deveio meet Ri hts - Setbacks Between Bastan's and Hotel Roams - lfiew Frain 6oston's U er Dedc To South - Baicon Proxim' Ta Boston's t! er Deck D Duet Work - Floor Area Ratios - Buildin Pro'ections - Roof A urtenances - Turtle Li htin - West Elevation, facing Salina Avenue, has been - Height and Scale of the Hotel Compared to redesigned the Existing Businesses an A-'!-A, Ocean Boulevard - Desi n of South Elevation - Desi n of North Elevation - Since you can't do windows an the property line, what - Aerial of the General Vclnity -and our they are creating on the zero lot line portion of the Existing Site - The two residential properly is faux windows. Basically the faux windows ~ properties to the West are awned by the soak like closed shutters. same owner of the hotel develo meat. 7 SPRAB Minutes 7/1'E!0'I ~~ ~~ As I had discussed before this will create a difficult situation to co-exist on and will generate complaints of noise and other operational factors. As mentioned at the previous meeting, we are still concerned with -all the structural integrity with the excavation on our property line. " The rendering presented at the previous meeting is not accurate. The. rendering shows a 9' setback, landscaping, palm trees and in reality none of this does exist. There is viirtually no space here and the buildings abut at that paint. He read LDR Section 4.4.13(F)(2} men Space. 2. The second item he was going to discuss was the northern elevation of the proposed project. Traditionally CBD zero lot fines are not used and capitalized on a view. This project's design is such that the north elevation rooms depend on a view. This design abuts Boston's underdevelopment. The design can only perform if Boston's properly remains two stories high. ft is our intention and right to develop Boston's property. This project design will adversely affect our future development and property value. Reason being, is that the applicant ar the owner at the time will oppose any attemp# we make to increase our building height. Because when we increase our building height, we will automatically e[imina#e the view of all these rooms. There will no longer be a view to the north, #hey will be looking directly into a wall on that entire north elevation. This project should be physically self-suffcient .and not rely on Boston's stagnation. Boston's should not be neglected from consideration because we are in the CBD. But, conversely now is the time for intelligent planning for co-commercial habitation. 3. The third item is deliveries, and a condition of approval is that no loading or unloading of vehicles is permitted on Salina Avenue. At the previous meeting "" and again tonight the applicant has stated that this is a small hotel and restaurant and would use small trucks. This project has. only one undersized loading space, ~ and project of this size is required to have two full size loadir:g spaces. This one undersized loading space is also going to bean alternative far stacking for incoming hotel customers. So I ask you, when this occurs where do the delivery trucks go? Currently three restaurants deliver ,from substandard congested Salina Avenue. Boston's also provides its property to these restaurants for delivery, which Boston's is under no obligation to do so. Boston's chooses to assist ir3 this manner to alleviate problems of congestion. Salina Avenue can't take more congestion, which would further block residential travel in driveways, as well as our own hotel and restaurant back out parking and our driveway entrances. Boston's owns the property that these trucks will be blocking, which we own 2fiQ' of frontage on Salina Avenue, We own Hearty from the comer of Atlantic Avenue and Salina Avenue to the applicant's property fine. So whatever stacking is going to occur with trucks, it is going to occur in front of our back out parking from our hotel, driveway and from our restaurant property line. Boston's has been doing business for twenty-two years in October, and during this time we have received deliveries from a numerable amount of 9 SPRAB Minutes ~i~~ro~ `~ ~` alternatives is the stacking that would eliminate the loading area. This project has maximized itself in every way possible. Using every concession available that will mushroom into future problems. This Board has options, which are in the form of your alternatives, and the alternative actions are to approve, table or deny. Ask yourselves, is this project in its current format, in its currentform, appropriate for tha# footprint. Make this project frt into our community's future scheme, make it compatible and not overwhelming. Please put three pounds of gold in a three- pound bag. Mr. John Bennett, Uce-President, Governmental Relations for the Beach Property Owner's-Association, Inc. stated that he doesn't fall under either category of in favor or in opposition of the proposal. He thanked the applicant's for the work they have done far a most improved project from the previous meeting, and especially for the providing the sfreetscape rendering. Our letter that was attached to the staff report from the previous meeting was obviously directed to the massiveness of the building. However, we still have concerns which includes the fallowing: 1. Appurtenances -Have been improved on the east elevation from the- previous meeting, but was wondering if the roofs were needed, in order to reduce the overall height of the building. 2. Loading issue -This is not the firs# time various projects have come in and the applicant has stated that there is plenty of room because only small service trucks will be used. However, I have driven around town at various times and seen more tractor-trailer trucks delivering then the small delivery trucks. Also, I have seen the tractor-trailer trucks parked in the middle of the street to unload their products. How is the requirement going to be enforced; all the time, that there will only be small delivery trucks? 3. The parking situation obviously barely meets code. If a valet queue is established, and will be for hotel guests only, how will this be enforced? Will there be a sign posted that states "Hotel Guests Only°. If someone drives up and states that, they want to go to the restaurant, what are you going to say, song not for you.. There are numerous restaurants in the City that have valet parking and has this kind of pressure, which also causes a stacking problem. Mr. A. Franco, Attorney stated that he had a concern on one issue in particular, regarding the applicant `s statement, "that it was their intention to build a hotel #hat was friendly to the community". However, according to the applicant's plans for the visibility in front of the proposed hotel, there is a foreseeable chance of a significant public danger and would occur as the plans stand now. Pursuant to LDR Section 4.6.'{4{A}, a visibility triangle is required. at the intersections of roads and driveways, and the purpose is obviously for the driver to be able to see clearly into the roadway. According, #o 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, and in particular he focused on subsections {a) shall not adversely affect the neighboring. area, and {c) shall not create an unsafe situation. Particularly with these two subsections, the 91 SPRAB Minutes 7I't'{ID9 '~ pedestrians. In addition, to the trucks of this size, it presents a hazard to vehicles, owners, property, residents, and parking on that street. The loading space has been counted as part of the proposed 56 parking requirements, which it shouldn't be included. He read the statutory construction administrative codes and the City codes that relate to parking requirements for hotels and restaurant. In conclusion, I think that the project as designed is bad for the residents and is really an issue of public safety and public welfare. !would suggest to the Board that they should protect the public, maintain public welfare, to protect the residents and let the existing businesses in this area function to continue in their normal fashion. . ~_~ Mr. Kevin Wamer, .248 Venetian Drive'stated that he welcomed the presence of this hotel and restaurant in concept in that part of town, but not in its current fashion. He shared the same concerns that the previous speakers noted about parking, trafl•ic related problems, tourism, tractor-trailer trucks on Salina Avenue, and the noise level of the trash compactor. Mr. Wamer would like to know who is going to enforce the conditions that have been placed on the approval as noted in the staff report. His second main concern was with compatibility, and that the staff report clearly points out that the site plan must be compatible and- harmonious with the adjacent and nearby properties. Mr. Wamer continued that this property is bordered by RM zoning on the south and on the west side, and isn't compatible with the adjoining RM district. The massiveness of this building doesn't fit. Mr. Wamer didn't believe that a building of this size, mass and scale on the streetscape, right on the beach is going to be compatible and harmonious with the area. At the Community Redevelopment Agency's Board (CRA) meeting when discussing this proposal, i{ was stated that it maximizes out the cube. In other words every thing that the developer is allowed to do is crammed into a small area. Mr. Wamer felt this project was too large and not compatible with the surrounding area. He encouraged the Board to send the proposal back to have it reworked, be more reasonable in scale, and compatible with the surrounding area. Ms, Alice Finst, 707 Rlace Tavant stated that her cancems~ssues are the following: ^ The property is 'I QO' x '! $8' and to place this large of a building on a small lot is too much. ,. ^ The traffic on the beach is horrendous of the proposed hotel's site. The traffic will only be compounded by the way the entrance to the building is set up. v A large crater that will be stabilized for the owner next door, however suppose the owner next door doesn't allow this, and suppose the building falls over into the hole, then what happens. v We wil! have to live with this building for a very long time. ^ it would seem like, perhaps there would be a way for the two owners, Boston's and the owner of the proposed hotel to get together and come up with some plan. 5o that they can expand upward, make sure of the quality of the appurtenances, setbacks and sill provide nothing that would depreciate property value to the surrounding area and each other. i3 SPiZAi3 Minutes 7111109 consideration the concerns of all of the City's residents who will be impacted by the project. It serves na purpose to upset the appearance of the neighborhood, undermine the progress that the City has achieved in recent years, and cause diminution in the value of surrounding existing uses in order to advance the economic desires of one individual. Please carefully consider the ram cations of your decision tonight on this matter. _Mr. Andv Kann, 247 South Ocean. Boulevard inquired if it was the pool an the roof that requires the elevator and the two addi#ional staiircases. In other words, if it was just utilities on the roof, would we have less activity on the roof, and therefore not -~ have essentially another floor: The building is riot really 48'; but 58 '!f2' plus, and the building does need to be scaled down. Mr. Hoggard read into the record a letter received from a resident, Mr. Thomas E. Lynch, 820 North Federal Highway. Mr. Lynch had stated, "to allow such a dense project that changes the appearance of our city and adds to congestion and parking issues is something we should not permit. This project is just too massive far the proposed location.p Vice-Chairman Perez-Azua declared the public testimony closed. Vice-Chairman Perez-Azua asked the applicant if they wished to cross-examine staff. Mr. Sowards replied no. Vice-Chairman Perez-Azua asked staff if they wished to cross-examine the applicant. Mr. Hoggard replied no. The Board made the following comments or asked the folbwing questions. ~..- • Mr. Eliopoulos slated that the west elevation presented in the presentation is not the same as in the Board's packet. Mr. Sowards stated that was correct and explained that they had revisited the west elevation and felt it needed same more relief. Mr. Sowards explained how the west elevation had been redesigned. • Mr. E[iopouios stated that he didn't think the stop sign located near the restaurant side would be visible when exiting onto A-'f A. Mr. Eliopauios commented that he was concerned with the loading space, if there are cars entering and being dropped off at the lobby, and both spaces are occupied, wilt they pail into the loading space? Or if there is a delivery truck in the loading space where will the person go? Mr. Hoggard explained they would park in a regular parking space and proceed to check in. • Mr. DeCapito inquired if the planters were considered as part of the pervious area. 15 SPRAf3 Minutes 71111DT Vice-Chairman Perez-Azua asked fihe applicant it he wished to make a closing argument. Mr. Sowards stated yes. Mr. Sowards stated that the Board had asked very valid questions and hopefully we have satisfied all the concern~ssues. He explained the visibility triangle and the reason why staff supports the waiver. Mr. Sowards stated that they have provided relief in the middle of the building and have met the LDR standards. He summarized a!I the requirements that they have met, and issues raised by the public. Mr. Mark Kroll, Esq. stated that this project has improved since the previous meeting to the point that staff is recommending approval, subject to conditions. The waivers and conditions of approval are very minimal. This project is not a restaurant, but a hotel that is providing food for the hotel guests, who choose not to leave the hotel. The proposed Note! is compatible, and we encourage the Board to approve the project.. Vice-Chairman Perez-Azua asked Staff if he wished to make a closing argument. Mr. Hoggard stated yes. Mr. Hoggard make the following comment regarding the loading issue. For this size of a hotel it 'ts a requirement for two loading spaces, however we feel that one is sufficient with the small trucks dropping off in the garages. Staff is concemed with the size of the vehicles that will be servicing the hotel and maneuvering area and that is why we are requesting the documentation. The Board members made the following comments during their deliberations: • Mr. Sneiderman commented that this is a very difficult project too come to a final decision on. He felt #his was a beautiful project and wonderfully designed, and absolutely meets code too the maximum degree. It is a maximized project and dropped into a hole. The project is foo dense, much, big and absolutely does every thing perfectly, but it seems like it is going to explode out of this area. As time goes on it will create one problem after the other. There are still an enormous amount of issues that need to be dealt with.. He was concemed with compatibility and being harmonious with the surrounding area. Mr. Sneidemzan didn't feel this was the righ# project for this area, and was too massive. • Mr. DeCapito commented that he was concerned about compatibility, the residents, density and the reduction of the visibility triangle waiver. He inquired if documentation was required regarding the safety of this reduction. Mr. DeCapito was concerned with the safety of the foot traffic on the beach. Also, he was concemed with the site plan conditions of approval regarding the Board doesn't know what the consequences are. Mr. Hoggard explained the visibility triangle and why staff supported the waiver. 1 ~ S~RAB Minuses 7111101 ~• ~ .` , elevation from Salina Avenue, and more substantial landscaping behind the building. It was moved by Mr. Sneiderman, seconded by Mr. Eliopoulvs and passed 5-0 to table the entire proposal for Hotel Vista Del Mar. . B. Our Lady of Perpetual ,Help; fi10 S1N 8~' Avenue: Class IV Site Plan Modification: J. Patrick Lynch, Authorized A ,gent. The item before the Board is approval of a Class IV site plan, architectural elevation and landscape plan for Our Lady of Perpetual Help. Mr. Pape, Senior Planner summarized the history and presented the item to the Board through a review of the staff report. On October 20, 1999, the Site Plan Review and Appearance Board approved with conditions a Class N site plan modification to allow the construction of a 407 seat church and conversion of the existing church building to a parish hall, offices, conference room and kitchen. The new sanctuary has not commenced to date and the site plan expired on April 20, 2001, therefore the proposed development is for re-approval of -the construction of the new sanctuary. The development proposal incorporates the following: • Construction of a fi,527 sq, ft. church facility with a 337 sq. ft. mezzanine. With the new sanctuary the seating capacity will be increased by 101 seats (from 30fi to 407}; w Conversion of the existing church building to accommodate a parish hall, kitchen, offices and conference room; • Construction of 40 new parking spaces at the west end of the site; and, • Installation ofi associated landscaping and a refuse storage area. Mr. Pape stated that a major issue is associated with the projection of the entry feature into the parking lot drive aisle. He explained that there is a requirement by the Fire Marshall ,that the clearance between the roadway and bottom of the overhang be a minimum 13' 8" high to accommodate emergency vehicle access. The elevations display only 12 feet of clearance, and elevations need to be revised to meet the requirement. Mr. Pape recommended approval subject to the conditions outlined in the staff report. Mr. J. Patrick Lynch, Architect stated that he agreed with the staff report, except far the canopy clearance height. Mr. Lynch explained that when this proposal was approved in 1999, signed off by all departments, which the canopy clearance height was not an issue, we continued working and everything is finished, then it was noticed that the site plan had expired. It was during this review that the canopy clearance height became an issue from the Fire Department. My contention is that we still have a lane that is open to the sky, and that the emergency vehicles could bypass, and wouldn't have to go under the overhang. Mr. Lynch stated that they 19 SPRAB Minutes 7/11/Q1 Au[,~--OL-O1 10:28A Via Fxccimile Mr.:leffrey A. t`nvtellc> ~einior 1'fanner City csf llclray ~ic~tch 10(I Ncsrthwcxl 1,t 1lventtc Delray 13i;ach, I~lorida 33144 RG: v~~t~ nil M~~ Hamel Dc;ar Jc~~: P_02 1 str~ts,ly np}sc~st• the aE~t~ve-referenc;cci hc~icl proj4z.t in its ctatrent 1i~rns, at1~1 ttssllld cnc,cyura~!c the Site 1'1`an Kevit4v ~md 1lppearance Board lei rcjcet th4 current ~JsglicttEican. While; l a~rGc tli7t a hotel use: is appropriate {'or the subject property. the sir anti cJrsi~rl ~SrOjeGteci lay the. current l~latts tre itsv.]sisrcypri~tc for this lsarticular prcaperCy atscl lnt<ation. A4orcts~•er, the agplit~atit's pre~etstaticrn at the S~RAR rnt<ctiat~ was, in nsy view, .a hraad "~li~sv c~vur'' di~cu5sion tlsat l~tilcc3 tip ~eldre;4s very' 4igniftcant.desi~n xncl traffic rrablems. in ~tty vicu~, rise currrsnt, revist:cl pi~~tzs, even with clitninaiin~ tlsc: restaurzt~t anti swimming pool, ha~•e nest addres~e} the mast sipnif.icai7t lsri~}aictns. 'rlse }sui~ttlial ~strl:in~ prC~blCiriS :xrtd lral•!iC Con~estinn fir ~ ~Ire~rdy ~aiiE1_L'CrOL]$ and clu~~ed 111tCrseclic+n ~ttlc! aria (Atlantis !~v~nue anel hl~,) are significant. ~1t~ortwsaiGl}•_ it'tksis 1SrajcLt is slslsro~~ccf its i1,s currc3lt rest'tTS, ~tnd lllti parkin; anti tr~cftic prtshletns c:csttt~'. to fnii[ion, tktcre will he rte pntisihlc r4tttc~iy u~ alleviate the prnbl4frts, The apPlic:ani's esnly re,lson5e to ~.hiti iSSUG is to say their tCaftic en~inr:~r ~aclviseti of~tto prtshlenss. }•la~inr ensplayLd dozens of trat'i'ic engineers over the last 1 j y~'ars, l uan say th1t, if 1SressLd, l cnttici i~trttl a tt•aff~c twn~it3ecr to cspinc char ~-~}S is not a hu~y hi~ls..~ay. ltt rho lsrrs~~nt case. the tra.Ffc engim~:r's cspinints is uvorly hrnac3 and haszci un quaGfi~:cl ~ssunslstioirs• ,~ri}1c,ne ~•itU any de:,5i~n cxlseric:nc~: or crntsmon sctts4.ean ap}~rec:i~xe the putc'r7tia! 1i,r gridlc~clc al ilsi busy intcrsecticyn. T~ 2?7' S~utfseast Fifth Avcnu~t • 1"sctray 13rarh, FiUri~ia 3348: 'I:~t: ~~7.27°9.8~i52 • Fax: 565.279.OEi21 • w~vuv.srrmwcsc~agro~,ertir~.c:UrY~ Aug-O8-O1 1Dt28A P.03 -. ,~ ~:1 Mr..~cf#rcy .h, t:astcllo August 4, ?(}(}1 page 2 '1•hc xxtas5in~, c~f'tltc propu~~d structure: is in~~pprc~prie~tr liar tl7e ~uea_ The poinx r~iiscd l~ythc applicant th~it the Marric~t Hc~tr.l'ti density and rnuysing is ~'ea[er is irrelevant. '!'he I~/larrit~t, like many other Dirge huilciin~s in tine heath aroma, would encounter t~tt~cliresist~rte:e: icsda}. and r~ve,uld Perhaps nc~t hr approved tYndcf Gurrcr~t Lane! Ucvciapmctttl~cgulatia:ts. 'IYicrc is ne>thing dre:hitccturally clistinctivc about the prnpc~aGCi ltotci ctc~afionJy which will be visibic lie~m niainy perspectives in th:: be~e:lti ~srett, anti, file a pair nI•bacl teeth, will eznly add tc~ the e~p-and-duw~n appearancr n['(')cean fioulevard T~tkc n [disk ~~t Uc.4rlicld 13cach or l~t. I_,audcrdalt: Beach to see what a patchv~~ork r-fnut-nf-scale, large: a~zd small hc~tcls with nc~ Clcai~ri coltsistc[1C.y looks like; Add to the nix t1:3c: pdtciltial for jamming rn}~ c~l• the mast 1<rgistic~tlly and ~tcsthcticalIy i~nporta~ll irttrrtiecttc~ns in cur City, and I Watlld 413~~;~tit 1h~1t. Shore are muCll hotter itltCTnatiYCS here. Thank you liar your Rtuerntic~rt to these canccrtts. Sinceraly. Irc»}woad~'rc~~criics, lnc. ~~~ry Glicksrcir~ President _.~~ -~ Memo To: SPRAB Frorn: Dan Bums S~~bject: Pro~ousec~ New Hotel -- A1.A Date: August 8, 2001 I am vehemently opposed to the proposed hotel. The property is too small and goes against everything we have been trying to do over the past 10 years in Delray Beach. ~~ r Page 1 ~~~.~~~ { ~.Nlal.~,vs~ ~ L~}i~~fd~ 08/08/01 3.6:42 F'.4~ 15612765244 PL+~STRIDG~ f~ 002/002 ~' THOMAS E. LYNCH P. O. Drawer 73D Delray Beach, FL 33447 '~'O: 5i,te Plan T~eview and Appearance Board RE: Bermuda Inn Project DATE: srr-o~ To Whom It May Concern: -:.. . I am writing to you in refen:nce to the project on A1A where. the Bermuda Inn Motel is today. I empathize with the developer In that they have definitely made a lot of changes, removing the restaurant and improving the entrance and egress substantially from where it was several weeks ago. I know that a lot of work is being done to try and meet the requests of the citizens anal the boards. I compliment the architect and developer for their willingness to work cooperatively. Nly comment is similar to what I wrote several weeks ago. The project is just too big for that lot. Perhaps if it was tiered back so that you would not have a 5-story building, ~48' straight up slightly set. back from the street, it would not be so oppressive. As 1 am sure you are aware, I am not opposed to density and not opposed to "change" as witnessed over the last 15 years as we have watched Delray evolve. Nly concern is the design, even though attractive, it is tvo massive for this lot. A major issue is once you approve it, it then becomes precedent for others. For example, the apartment project on Federal on® block off Atlantic, th® mass of the pnject and slight set back from Federal Highway takes away from the character of Delray Beach also. The major arteries of Atlantic Avenue, A'!A, and Federal Highway are most important and we must preserve the integrity of our community and continue the village-[ike atmosphere that has been the theme for many, many years, and in particular the theme for the last 15 years during. redevelopment. I think. it is critical for this board to remember these first projects, that appear to be out of the ordinary! are the ones that will set precedent and become the standard. 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W. lst Avenue T'~~lz~a~ Beach, Flaxida 33~ RE: Vista Del Mar Motel Dear Members of the Baard, My name is Marion Co~asins. T have operated a business an the corner of East Atlantic and Salina Avenues for over 2s ,years and have also resided on Salina Avenue far the same perioel of time. I a_m writing this letter to eFpress my support of, the proposed hotel and to express my views as to the character of Salina Avenue. TYie fact teat Salina Avenue serves as a .border between commercial and residential properties is certainly nothing new, in fact, the residents an :: ..'_ ~~:. Salina have always lived in harmony with the com- mercial activity that occurs on South Dcean Boule- vard. What is curious to me as I sat through last month+s meeting is that I did not reco~ni~e anyone who was an actual resident living in close praa~imitg to the proposed hotel. Ifgou were to personallg interview the people who actuallg live an Salina Avenue, I can assure .you that there would be minimal if any opposition to the proposed hat`el. Believe me, we would rather see an up scale, boutique hotel an the Bermuda Inn property as opposed to SaYIlE of the other development proposals I have .seen in the City. ir~Y?en a person decides to live on Salina Avenue., it is with f~.zll awarness tY~at they will have to co- exist with corr3mercial activitq an both Salina and _~tlantic Avenues. The fact that the hotel has a front entrance on SoutYi Ocean Boulevard will greatly reduce tree impact treat this development will have on Salina Avenue. Since it is inevitable that somedag tre Bermuda Inn property will be expanded and improved upon, I can not think of a better alter- native thax2 the proposed boutique hotel project before you now, Marion V. Cousins New Muemoutin Cot~domit~urr:.4asvciatiou 35 Scx~tb OcEan ~tyd. Dcltxy $each, TL 33483 w+~z~, zAOi cuy afn~y>, ~aaxwi~Ay~„~ ~ , ~ 3~a~a nom a~a ~ ~ ~ o~ n;~ ~a ~aenu of New ~a[~nmouth Ga~adium Association toed at 3& South o Blsrd. riu eondnmi~ium ~~ on ~lA emd mks up w Salitu~ Awauc, ,der ~xam~riing tht phtris for tl~ p€n~wscd Vf Ue~ Mat l~a~t tmd caring upcsu all ! G members of the eonda with the ex~uon of Z rt,at wa could neti h, we cvacludcd that the Viat~ l3el Mar proposal i~ sa excollsnt plea and cor~`oraas wrtfr the x~. h's an Qcacenfiont hotel that is an the own. '~'e have ~ rep'~tativea ~hvsnd meml~rs Bud ~i< ~d SuWvan) to ba pr~eat a! the :neecin8 if you have auy quEStias~. r t ~JlQ~ ~~i~~ "s Lernley . Alea- Mo~mvuth COtutOrnini~mt Ae .~ ~~ '~'~ a :~ S/701 r uty of Delray , I oo N.W. I St Avenue Delray Beach, Fla. 33483 ` RE: Bermuda Inn /Vista Del Mar Hotel Project ~~' As the President of the board of directors for The Williamsburg Q Condominium Association orated at 18 Salina Ave. Delray Beach, Fl r ~ 33483, l wa#d kke ro make t#~e fvliawing state,na-ts. Our residents artd board of directors have looked at the proposed plans for the Vista Del Mar Hotel and unanimously agree that it is beautiful bur~ding. The project when completed will make a trice addition to .our neighborhood and will add to value of all the surrmxxling properties. We have been in contact with Mr. I=ran Marincola and have received ass~anres in wrrting as to tfie ~mrted use of Sal"irta Avenue as a ronstructic~tt entrance. That the majority of the constnrcdon activity wi11 occur from the A !Aside of the property. ice' i would like to matte note that we and our neigf~or Ms. Marion fcwsirts represent 100/0 of the owner residents ~tving on Samoa Ave. Please tall if you have arty rluestiorts. Sitxerely, Hark Lenga, President 9Lr rC. Fran Marincold f_. ::.:::: ;:,~:::> Y8 Salu~z Ave Unit. 2fi DeI~ay Seach, ~ 33483 56I-?76-6634. "~ D JiII., 13. ZOOI I1:28AM BENDERSON DEV. CO. ~ N0. ~z94 P. 2/2 ~~. . . ' n o~ ~us~, tmderslgndd trasbee hergby $cl~OW1P.~CB, r~ar~lfies Sild ~s that nUNA7~D E. )~iOBINSOI~ is baaeficiary of the £ollarving land tn~7s, to--wit i . L~,d rrrlSt Agrecmet~;dated Yuly 25, zOt-o, kflawn as Trust Na. one, which fend trust has as its subject mattex the fallovvi~g Qescrl`bed parcel aftr$i pxoperEy situate, aging and bsiztg iu Palm Bcaeh County, Florida aad being more particularly described as follows, to wit: >aat l 5 iu~ Block 2 of OCEAN PARK, acoorci~ng to the plat t]aareo~ recorded iu~ Plat Boole 6 at Page 15, of ~ Public RecAxds ofPalm~ Beach County, Florida, foss the Fast twv feet eight inciics ti~ereo£ 2. ifand 'X'ii~t Agreement: known as '1~ust Na. 'Iva, which Land. mYSt has as xts subj cct matter the following described parcel of r+eai praPearty sf#x~be, 1~-is~;g and being in Palm Beach Caufmty, Florida and being mare paracttfarly described es follows, to-wit: i.at 24 in Flock ~ of OCEAN PARK, accorrlintg to the Plat thereof, recorded iri Plat B oolr 6 at Page i 5, of fhg Public R~corcfs of Palm 13ea,cl~ County, Florida. 3. Taand Trust Agreemeao~ known as Trost No.Three, which land tsusC has as its subject matter the fallowu~ descr~cd pawl of ~ property situate, Iying and bei~ag ~. Pedro $each Cac~ty, Florida and barr~g moss pasticule~rly wed as follo~rs, to-wit: Apazlment 23 of Wfl_.LFAM~BURG INN CCNDOi~IINICJNf, a cc~.dominium, sccardmg to #be peclarati~ oFC.ondum~:mathereoi7 recorded i~t a~oial ~ecards Bowl[ ~ ~ 9 8 at Pagic 738 of th+e Public R~coxtfs of Pt~n Reach County, Flozicla.. . with respect to earh of which land Trusts the underslg~d ig fife sale tn~stee, Dated at Bocce. Raton, Florida ,this 17'" clay of April, 20p! . o .I / ~y IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA VISTA DEL MAR, LLC and BOSTONS ON THE BEACH, INC. Appellants}, vs. CITY OF DELRAY BEACH, Appellee. 1 ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REGARDING THE APPEAL OF A CLASS V SITE PLAN DATED AUGUST 3, 2001 INCLUDING LANDSCAPE PLANS, ARCHITECTURAL ELEVATIONS AND THREE WAIVERS WHICH WAS APPROVED BY SPRAB AT IT5 AUGUST 8 2007 MEETING 1. This appeal has come before the City Commission on October 7, 2008, as a result of the Order of the Circuit Court of the Fifteenth Judicial Circuit, Appellate Division, which remanded this case in order that the City Commission could make findings on the record as to the appeal. Pursuant to the Court's Order, this appeal is limited to the existing original record. (See, Court Order attached as Exhibit NA"). 2. The Appellants and Appellee argued their case to the City Commission. The Commission reviewed all testimony and evidence submitted to the City through August 8, 2001, including the site plan, landscape plan, architectural elevations and waivers. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. Waivers #or Hotel Vista Del Mar 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. A. The City Commission hereby finds that the Site Plan Review and Appearance Board correctly determined that positive findings could be made with respect to LDR Sections 2.4.7{B}(5} {above} and 4.6.9(D){3){c}(1) {attached hereto as Exhibit "B") to reduce the required stacking distance far the Salina Avenue driveway entrance from 20' to 14'? Yes No B. The City Commission hereby finds that the Site Plan Review and Appearance Board correctly determined that positive Endings could be made with respect to LDR Sections 2.4.7(8}{5) (above) and LDR Section 4.6.14(A), Visibility at Intersections" (attached hereto as Exhibit "C"): a. To reduce the visibility triangle at the Salina driveway entrance from 20' to 10'? Yes No b. To reduce the visibility triangle at the Ocean Boulevard driveway entrance from 20' to 8'? Yes No C. The City Commission hereby finds that the Site Plan Review and Appearance Board correctly determined that positive findings could be made with respect to LDR Sections 2.4.7(6}(5} (above} and LDR Section 6.1.3(8), "Sidewalksfl (attached hereto as Exhibit "D"). a. To eliminate the required sidewalk along Salina Avenue? Yes No II. Class V Site Plan for Hotel Vista Del Mar The City Commission hereby finds that the Site Plan Review and Appearance Board correctly determined that positive findings could be made subject to conditions (attached as Exhibit "E") with respect to the Site Plan which includes landscape plans and architectural elevations in accordance with the following provisions: A. LDR Chapter 3, "Performance Standards", (attached hereto as Exhibit uFn}. B, LDR Section 2.4.5(F)(5), "Finding of Compatibility", (attached hereto as Exhibit "G"); LDR Section 4.6.16, "Landscape Design Standards" (attached hereto as Exhibit "H"}; LDR Section 4.6.18, "Architectural Elevations and Aesthetics" (attached hereto as Exhibit "I"}. YES NO C. Policies of the Comprehensive Plan (attached hereto as Exhibit "JU); YES NO 4. The City Commission has applied the Comprehensive Plan, Future Land Use Map and LDR requirements in existence on August 8, 2001 and finds that its determinations set forth in this Order are consistent with the policies, goals, and objectives of the Comprehensive Plan. 5. The City Commission finds there is ample and competent substantial. evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings, minutes, and transcripts. 6. Based on the entire record before it, the City Commission approves denies Boston's Appeal, (Boston's appeal seeks to overturn SPRAB's approval of the waivers and SPRAB's approval of the site plant landscape plan, and elevations}, and hereby adopts this Order by a vote of in favor and opposed. This item was scheduled for hearing at the regularly scheduled City Commission meeting of October 7, 20.08. Rita Ellis, Mayor ATTEST.• Chevelle Nubin City Clerk EXHIBIT "A" EXHIBIT caAys IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA VISTA DEL MAR, L.C., A Florida Limited Liability Cornpany, Petitioner, v. THE CITY OF DELRAY BEACH, A Florida Municipal Corporation, Respondent. Opinion filed: ~~~ 1 ~ ZQ~~ Appealed from the City Commission of Delray Beach, Florida. ~~ -~;-, ..~ ~` ~~ "~ '' ~ ~ cz c~ ~ Wit- r..a ~~ ~ ~~ .~,?~,~ For Appellant: Charles lemon, sq., az o en erg, sq., o Messenger, Esq., 433 ~~ Plaza Real, Suite 339, Boca Raton, FL 33432. ForApp~llee: Susan Ruby, City Attorney for the City of Delray Beach, 200 N.W. l~ Avenue, Delray Beach, FL 3 3444. PER CURIANI The Petition for Writ of Certiorari is Crranted. For the third time this cause has been presented to this Court. Upon review of the instant record it is evident that once again the City Commission of the City of Delray Beach departed from the essential requirements ofthe law in its decision. to grant Boston's appeal of the Site Plan Review and Appearance Board's approval of a site plan for the Hotel Vista Del Maz. RECEIVED ~u~ t 3 2~s APPELLATE DIVISION (CNIL} CASE NO.: 502006CA00013 8XXXXI~~IB Division: `AY' GiTY ATTORNEY On August $, 2001, the SPRAB approved a site plan for the Hotel Vista Del Mar. The approval contained three waivers of the City's Land Development Code, which enabled the Hotel to reduce the view triangle requirement from 20 feet to 10 feet, reduce the stacking distance for automobiles from 29 feet to 14 feet, and remove. the required sidewalk along Selena Avenue. On August 20, 2001, the owner of Boston's Restaurant, located on the north side of the Hotel site, filed an appeal of the SPRAB approval. The appeal stated that Boston's sought reversal of the approval of the site plan, landscape plan, and architectural elevations. On September ~F, 20Q1, the City Commission granted Boston's appeal, reversing the SPRAB approval. On November 15, 2001, the Hotel filed a Petition for Wrif of Cerkiorari to this Court. On June 12, 2003, this Court found that the Commission did not adhere to the. essential requirements of the law because it did not determine as a body how the site plans failed to satisfy at least one of the objective cntena or site p an approva , an reman a action to a omxnission, e Commission was instructed that if its composition had changed during the pendency ofthe Petition, Boston's appeal should be considered de novo. The Hotel glans were subsequently modified and re-submitted to the Commission. Anew obj ectox appealed and the Commission again denied the site plans. The Hotel filed a second Petition with this Court; which was granted on January 18, 2005. In that Opinion, 4his Court stated that Boston's appeal was still pending before the Commission and that as the composition of the Commission had changed the appeal was to be heard de nova. On December 7, 2005, the. Comxission again heard Boston's appeal pursuant to this Court's January 18, 2005, Opinion. At the hearing the Hotel and the Commission debated as to the scope of the hearing. The Hotel argued that the Court's directing a de novo hearing meant that just the -2- original Boston's appeal was to be heard while the Commission took the stance that the de novo hearing was to be held on the site. plan itself, and that its review was not confined solely to Boston's appeal. Ultimately, the Commission approved Boston's appeal. This Petition ensued. Among other things, the Hotel argues that the. Commission erred during the December 7, 2005, hearing when it held an entirely new hearing based on this Court's granting. a de novo review of Boston's appeal. To establish a departure from the essential requirements of law there must be a "violation of a clearly established principle of law resulting in a miscarriage of justice." Haines City Community Development v. Heggs, 558 So. 2d 523, 539 (Fla. 1995). In discussing the "essential requirements of law" standard, the Florida Supreme Court explains: The requiired "departure from the essential requirements of law" means something far beyond legal error. It means an inherent illegality or irregularity, an abuse of judicial power, an act of judicial tyranny perpetrated with disregard of procedural requirements, resulting in a gross miscarriage of justice. The writ of certiorari properly issues to correct illegality but not legal error. Haines, 558 So. 2d at 527, quoting Jones v. State, 477 So. 2d 566, 569 (Fla. 1985) (Boyd, C.J. concunri.ng specially}. A City's code dictates a Commission's scope of review of Boazd actions on appeal. See Morningside Development v. City of Miami, 13 Fla. L. Weekly. Supp. 30a (October 18, 2005); Lee v. St. Johns County Board of County Commissioners, 776 So. 2d 1110 {Fla. 5th DCA 2001}; Smith v. Board o, f County Commissioners ofPutnam County, 8 Fla. L. Weekly Supp. 809a (~pril i $, 2001). if the Code merely provides that the Commission may hear an "appeal" of a decision of the Board, the Commission is limited to reviewing the record presented to the Board, much like an appellate -3- court's review of a lower court's action. Mot~ni~sgside, 13 Fla. L. Weekly. Supp. 30a (October 18, 2005). The City of Delray Beach's Code Sections 2.4.7(E}(1} and (2} provide an aggrieved party with the right to appeal the decision of an approval board and state that "...an appeal of an approving boards action shall be made to the City Commission." The Code clearly states that the review of hoard decisions is to be by "appeal." The Commission is therefore limited to the ex_ istin~ original record and is not permitted to allow new evidence at a new evidentiary hearing. As the SPR.AB is a boazd 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. This Court twice ordered the Commission to hold a de novo hearing on Boston's anDeal: 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 e novo. Boston's appeal still remains pending before the City Commission. The composition of the commission changed and therefore, the appeal is to he heard de novo, pursuant to this Court's earlier opinion. The City Commission should either hold a de novo review of the appeal... Rosa Hotel Developers v. 1'he City of Delray Beach,l0 Fla. L. Weekly Supp. 600b (7une 12, 2403}; Vista DeI Mar, LC v. ~'he City of Delray Beach, 12 Fla. L. Weekly Supp 33 Sb (January 18, 2005). These Opinions directed the Commission to rehear only the original Boston's appeal as it was presented to the SPRAB, and not to hold an entirely new evidentiary hearing. This is the only valid interpretation of the opinions because the Code does -not give the Commission authority to hold a de novo review of the. existing original record. This Court cannot disregard the unambiguous language of the City's own Code limiting the Commission solely to appellate review. -~- When the Commission held: an entirely new hearing on Boston's appeal and considered evidence not originally presented to the. SPRAB, it violated this Court's pxeviaus Opinions and its own Code. The Commission interpreted this Court's Opinions as putting it in the same position as the SPRAB, whereby it vuould be able to hear and receive new as well as old testimony and receive additional evidence on the appeal. However, as the Code does not permit the Commission to hold de novo hearings, the Commission acted outside the Code and this Court's Opinion when it did not limit itself to the record created before the SPRAB. Therefore, by holding the de novo evidentiary hearing and permitting Boston's to introduce new evidence, the Commission disregarded procedural requirements. The Commission abused the authority can~exred by the Code, (hereby violating the essential requirements of the law. To adhere to this Court's previous orders and its own appellate procedures the Commission is instructed once again to hold a e novo earulg on aston s anpe . McCARTHY, WTNIKOFF, and HOY 7J., concur. -5- EXHIBIT "B" EXHIBIT "B" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA VISTA DEL MAR, LLC and BOSTONS ON THE BEACH, INC. Appel[ant(s}, vs. CITY OF DELRAY BEACH, Appellee. Section 4.6.9(D)(1)(c) STACKING DISTANCE: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not backup into the public street system. (1) The minimum distance between aright-of-way and the first parking space or aisle way in a parking lot shall be as outlined in the following table: NUMBER OF SPACES ACCESS STREET CLASSIFICATION MINIMUM STACKING DISTANCE 20 or fewer Local 5 feet 21 - 50 Local 20 feet 50 or fewer Non-Local 20 feet 51 or more All Streets 50 feet EXHIBIT "C" EXHIBIT "C" IN THE CITY CHAMBERS OF DELRAY BEACH, VISTA DEL MAR, LLC and BOSTONS ON THE BEACH, INC. Appellant(s), VS. CITY OF DELRAY BEACH, Appellee. 1 Section 4.6.14{A) Visibility at [ntersectlons: COMMISSION THE CITY OF FLORIDA A. Generally: When an accessway intersects a public right-of--way or when the subject property abuts the intersection of two (2} or more public rights-of--way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three (3) feet and six (6) feet, provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross visibility area shall be allowed, provided they are located so as not to create a traffic hazard. Trees shall not be located closer than six (6) feet from the edge of any accessway pavement. The triangular areas above referred to are: (1) The area on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being twenty (20} feet in length from the point of intersection and the third side being a line connec#ing the ends of the other two (2) sides. (2) The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being forty (40) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. EXHIBIT "D" EXHIBIT "D" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA. VISTA DEL MAR, LLC and BOSTONS ON THE BEACH, INC. Appellants}, VS. CITY OF DELRAY BEACH, Appellee. Section 6.1.3(6] SIDEWALKS: A. Principles of Design: The primarily purpose of sidewalks is to provide a safe place for pedestrian travel. Generally, sidewalks are required along both sides of all streets. B. Sidewalk Design Requirements: (1 } Widths: • Low Density Residential Areas 5' • Medium and High Density Areas 5' • Commercial Areas 5' to 10' • Other Areas 5' (2) Location: Sidewalks shall be constructed within the street right-of- way (or easement or tract} and shall be constructed adjacent to the right-of--way {easement or tract) line. (3} Separation: A strip of grass, or landscape area, of a least two feet in width shall separate sidewalks from the street pavement or curb section, as applicable. (C) Sidewalk Construction Requirements: (1 } Sidewalks shall be constructed with concrete;. however, when the sidewalk is to function both as a pedestrian way and a bicycle pathway it may have concrete or asphalt as its finished surface. (2) Concrete sidewalks, which are located in driveways, shall have a minimum depth of six inches (6"), and shall be constructed of Class I concrete with a minimum strength of 3,000 p.s.i. (3) Sidewalks shall be constructed through asphalt driveways. (4} Sidewalks shall be constructed prior to the issuance of a cer#ificate of occupancy for the property upon which they abut. However, installation of sidewalks within a residential subdivision may be deferred pursuant to an agreement which provides for the installation of a majority of the sidewalks at a given point in time. The Local Planning Agency may require that all sidewalks be installed within a development either at a time certain or upon reaching a certain percentage of build-out of the development. {D} Relief from Sidewalk Installation: (1) Residential: {a} Alternative System: Within residential developments, an alternative pedestrian way system may be provided and, if deemed acceptable by the Planning and Zoning Board, it may substitute for sidewalks along the street system. (b} Waiver: Where it is clear that the sidewalk system will not serve its intended purpose,. the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the site plan or plat process, as appropriate. Similarly, a complete waiver may also be granted. (2) Non-Residentlal: 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 ar plat approval. (3) Payment In-1[eu of Lnstallation: [n situations where it is inappropriate to install a sidewalk concurrent with development, the sidewalk installation requirement may be met by the payment of funds sufficient to install the sidewalk, Such funds shall be escrowed and used, at a later date, for the installation of said sidewalk. EXHIBIT "E" EXHIBIT "E" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA VISTA DEL MAR, LLC and BOSTONS ON THE BEACH, INC. Appellant(s), VS. CITY OF DELRAY BEACH, Appellee. A. CONDITIONS: 1. Address all Site Plan Technical Items and submit three (3) copies of the revised plans; 2. No loading or unloading of vehicles, except trash pickup, is permitted on Salina Avenue; 3. A valet queue is not permitted under the current design. Redesign of the front entrance area to provide the necessary stacking and approval of the site plan modii•ication will be required prior to operating a valet queue at this location. 4. Alighting plan which details rrtitigation measures for all light sources visible from the beach must be provided; and 5. The trash enclosure area must be deodorized and air-conditioned. B. SITE PLAN TECHNICAL ITEMS: While the revised site plan has accommodated mast of the staff concerns, the following items remain outstanding and will need to be addressed prior to issuance of a building permit: 1. Provide ex~ltration trench percolation test results; 2. Provide documentation that the Salina Avenue drainage system has adequate capacity #o handle the additional stormwater flow, 3. Provide FDOT driveway connection and drainage permits; 4. Provide fire flaw calculations; 5. Show the height of the elevator tower, elevator equipment room and mechanical equipment area on the roof; and 6. The Engineering Plan must be consistent with the site plan.. C. LANDSCAPE TECHNICAL ITEMS: The following Landscape Plan items remain outstanding and will need to be addressed prior to building permit submission: 1. Identify the landscape materials in the planter in the rear of the building on the 5~h fi[oor. 2. The Landscape Plan must be consistent with the site plan. EXHIBIT "F" EXHIBIT "F" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA VISTA DEL MAR, LLC and BOSTONS ON THE BEACH, INC. Appellant(s), vs. CITY OF DELRAY BEACH Appellee. Consistenc 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. Building design, landscaping, and Lighting (glare) shall not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. 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. iii. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. iv. The City shall consider the. effect that the proposal will have on the stability of nearby neighborhoods regarding factors such as noise,. odors, dust, traffic volumes and circulation patterns. v. 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. Section 3.'E.7{D] compliance with the Land Developmen# Regulations: Section 3.1.1 (D) requires that Items identified in the LDRS shall specifically be addressed by the body taking final action on the site and development applicationlrequest. 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: ii. Building Height: Within the CBD zoning district, a maximum of 48' height is allowed. 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. iv. Parkins: 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. v. Handicaaged Parkind: Two handicapped spaces are required. vi. Dead-end Parking Bavs: 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. vii. Loadin : Hotels between 20,000 and 100,000 sq. ft. shall provide 2 loading spaces. 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. ix. Poin# 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. x. Visibility at Intersection: Pursuant #o 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. xi. Site Lighting:- Pursuant to LDR Section 4.6.8, site lighting must be provided within the proposed parking lot area, however, the location of the project also requires compliance with Section 91.51 of the City's Cade 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." 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. EXHIBIT "G" EXHIBIT "G" IN THE CITY CHAMBERS OF DELRAY BEACH, VISTA DEt MAR, LLC and BOSTONS ON THE BEACH, INC. Appellants}, vs. CITY OF DELRAY BEACH, Appellee. Section 2.4,5(F)(51 fSite Plan Findings]: COMMISSION THE CITY OF FLORIDA 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: The development of the property pursuant to the site plan is compatible and harmonious wi#h the adjacent and nearby properties and the City as a whole, so as not to cause substan#ial depreciation of property values. EXHIBIT "H" EXHIBIT "H" IN THE CITY CHAMBERS OF DELRAY BEACH, VISTA DEL MAR, LLC and BOSTONS ON THE BEACH, INC. Appellant(s), vs. CITY OF DELRAY BEACH, Appellee. Section 4.6.16 LANDSCAPE DESIGN STANDARDS: COMMISSION THE CITY OF FLORIDA The following shall be considered the minimum standards for the design and installation of all plant materials within the City of Delray Beach. (1) Design: Xeriscape principles shall be utilized in landscape designs and installations. Copies of South Florida Water Management District's "Xeriscape -Plant Guide II" and "How to Xeriscape" are available from the Building Department Principles of xeriscape include: (a) Appropriate planning and design to include consideration of the size and shape of lot,. soil type, topography, intended use of area site specific planting to minimize irrigation waste. (b) Use of soil analysis and appropriate amendments to provide better absorption of water and' to provide beneficial plant nutrients. (c) Efficient irrigation systems which permit turf and other less drought tolerant plantings to .be watered separately from more drought tolerant plantings, consideration of low volume drip, spray or bubbler emitters for trees, shrubs and ground covers. (d) Reduction of turf areas, utilizing less water demanding materials such as low water demand shrubs and living ground covers in conjunction with organic mulches. (e) Utilization of drought tolerant plant materials and the grouping of plants with similar water requirements. (f) Utilization of mulches to increase moisture retention, reduce weed growth and erosion and increase the organic content of soil upon degradation. Mulch should be initially applied at a three inch depth, but pulled away from direct contact with stems and trunks to avoid rotting. Mulched planting beds are an ideal replacement for turf areas. (g) Appropriate maintenance to preserve the intended beauty of the landscape and conserve water. (2} Installation: All landscaping shall be installed in a sound, workmanlike manner and according to sound horticultural and planting procedures with the quality of plant materials herein described. All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements. {3) Vehicular Encroachment: There shall be no vehicular encroachment over or into any required landscape area. In order to prevent encroachment and maintain a neat and orderly appearance of all planting areas adjacent to parking spaces, accessways, andlar traffic, all landscape areas shall be separated from vehicular use areas by carstops or non-mountable, reinforced concrete curbing of the type characterized as "Type 0" in the current edition of the "Roadway and Traffic Design Standards" Manual .prepared by the State of Flarida Department of Transportation, or curbing of comparable durability. ]n the case of curbing around required landscaped islands, the width of the curbing shall be excluded from the calculation of the minimum dimensions of the required island. Landscape islands are required to be a minimum of 5 feet in width exclusive of the curb width. The exception to this is that in paved parking lots, that portion of the parking space extending beyond the car stop may be sodded, and therefore, a vehicle would encroach into this specific landscaped area. (4) uali :All plant materials used in conformance with provisions of this ordinance shall conform to the Standards for Flarida N0.1 or better as given in "Grades and Standards for Nursery Plants" Part I, 1963 and Part II, State of Florida Department of Agriculture, Tallahassee, or the most current revised edition. (5) Trees: Shag be a species having an average mature spread of crown greater than twenty (20) feet and having trunks which can be maintained in a clean condition with over six (6) feet of clear mature wood. Trees having an average mature spread of crown Tess than twenty {20) feet may be substituted by grouping the same so as to create the equivalent of a twenty (20) foot spread of crown. Tree species shall be a minimum of twelve (72} feet in overall height at the time of planting, with a minimum of four (4) feet of single straight trunk with six (6) feet of clear trunk, and a six {6) foot spread of canopy. Native tree species shall be permitted to be ten (10) feet in height at the time of planting, with a minimum of four {4) feet of straight single trunk, and a four {4) foot spread of canopy when it can be demonstrated that trees twelve (12) feet in height are not available. When mare than ten (10) trees are required to be planted to meet the requirements of this section, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. This species mix requirement shall not apply to areas of vegetation required to be preserved by law. The minimum number of species to be planted is as follows: REQUIRED NUMBER OF TREES MINIMUM NUMBER OF SPECIES 11 - 20 2 21 - 30 3 31 - 40 4 41+ 5 (6) Palms: Shall be considered trees. Palms considered susceptible to lethal yellowing by the Florida Department of Agriculture shall not be used to fulfill the requirements of this article. Palm species which do not have a mature spread of crown of at least fifteen (15) feet shall be grouped in threes, and three {3} palms shall equal one (1) shade tree. Palms must have an overall height of a minimum of twelve (12) feet and a minimum of six {fi} feet of clear trunk at the time of planting. Minimum overall palm height may be increased if palms are of a nature that the. fronds hang below an eight (8) foot clearance, and are further, located in an area where pedestrians may be adversely affected by the fronds. Coconut Palms and Royal Palms may be credited on a one for one basis with shade trees. Coconut Palms are permitted to have a minimum of two (2) feet of grey wood at the time of planting, providing they are located so that the fronds are not hazardous. (7} Shrubs and Hedges: Shall be a minimum of two (2) feet in height when measured immediately after planting. Hedges where required shat[ be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one year after planting. To this end, shrubs shall be spaced a maximum of two (2) feet, center to center, unless plants are exceptionally full, in which case the shrubs shall be permitted to be planted up to a maximum of thirty (30) inches, center to center, provided the branches are touching at the time of planting. Hedges must be allowed to attain height of thirty-six (36) inches except where providing adequate and safe sight distance requires them to be maintained at a thirty (30) inch height. {8) Lawn Grass: {Turf or Sod) A major portion of water demand used for landscape purposes is required for the irrigation of lawn areas. Portions of landscaped areas that have been customarily designed as lawns shall be: (a) Preserved as natural plant communities; (b) Planted as redeveloped native areas; or {c) Planted in traditional mixes of trees, shrubs, and ground covers. Property managed non-grass landscape developments of site specific plantings will typically be able to survive on reduced water requirement and survive drought conditions better than lawn areas. For commercial, industrial and multi-family developments, no more than 70% of the combination of the required interior greenspace and the required perimeter landscape buffers, shall be planted in lawn grass. The balance shall be planted in a mix of shrubs and ground covers. For the development of single family and duplex residences, no more than 80% of the pervious lot area shall be planted in lawn grass. A minimum of 20% of the pervious lot area shall be planted in shrubs and ground covers. When used, lawn grass shall be clean and reasonably free of weeds and noxious pests or diseases. When grass areas are to be seeded, sprigged or plugged, specifications must be submitted to and approved by the City Horticulturist. Once hundred percent (100%) caverage must be achieved within ninety (90) days. Nurse grass must be sown for immediate effect and protection against soil erosion until .coverage is otherwise achieved. Solid sod must be use din swales, canal banks, rights-of-way and other areas subject to erosion. {9) Ground Covers: Ground covers used in lieu of grass, in whole or part, .shall be planted at such spacing to present a finished appearance and reasonably complete coverage within six (6) months after planting. All ground cover areas must be kept free from weeds. (10) Vines: Shall be a minimum of thirty (30) inches in height immediately after planting and may be used in conjunction with fences, screens, or wails to meet physical barrier requirements as specified. (11) Organic Mulches: Organic mulches may be used in combination with living plants as part of a landscape design as provided in this section. However, organic mulches shall not by themselves constitute landscaping. No more than twenty-five percent {25%) of a front or side street setback may be comprised of mulch independent of living plant materials. EXHIBIT "I" EXHIBIT "I" 1N THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA VISTA DEL MAR, LLC and BOSTONS ON THE BEACH, INC. .Appellant(s)., vs. CITY OF DELRAY BEACH, Appellee. 1 Sec#ion 4.fi.18(E), "Architectural Elevations and Aesthe#ics" requires fndings 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. 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. 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. EXHIBIT "J" EXHIBIT "J" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA VISTA DEL MAR, LLC and BOSTONS ON THE BEACH, INC. Appellant(s), VS. CITY OF DELRAY BEACH, Appellee. 1 Com rehensi~e Plan -Future Land Use Element Ob'ecti~e 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. 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. 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 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: 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. The Comprehensive Coastal Management Element states in Goal Area "C": This element requires that development and redevelapment 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-32 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. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney DATE: October 9, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF OCTOBER 21, 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. will, if approved, settle two (2) pending cases between Vista Del Mar, LLC and the City of Delray Beach. BACKGROUND The proposed Development Agreement provides in Section 4 on Page 4, that upon the effective date of the Agreement, the owner (Vista Del Mar), shall file a notice of voluntary dismissal in the Circuit Court dismissing both the Circuit Court lawsuit for Declaratory and Injunctive Relief filed in 2006 and the Writ of Certiorari that was remanded to the City Commission for rehearing in 2006 and is still pending. The Agreement provides that in exchange for the dismissal of these lawsuits, the City will allow Vista Del Mar to build a hotel at 64 S. Ocean Blvd. as depicted on the Class V Site Plan attached to the Agreement as Exhibit "B" subject to all permitting requirements. The Site Plan provided proposes a 70- room hotel with a snack bar and a 50 car parking garage. The plan proposed is similar to what the City's Site Plan Review and Appearance Board ("SPRAB ") approved in August, 2001 (attached as Exhibit "C"), except that the traffic circulation has been changed from 2 ways to 1 way with the entrance on Ocean Blvd. and exit on Salina Avenue, the parking garage has been reduced by ten (10) spaces, a snack bar has taken the place of the restaurant and the facade has been changed to provide a more pedestrian-friendly appearance in order to accommodate the covered walkway, resulting in a slightly different appearance than what was originally approved by SPRAB. The Agreement provides in Section S.B. on Page 4 that Vista Del Mar will have two (2) years from the effective date of the Agreement to obtain the first building permit and five (5) years from the effective date of the Agreement to obtain all certificates of occupancy and/or final inspections. It also provides in Section S.I. on Page 7 that the property shall be developed in accordance with all required permits and in accordance with all applicable provisions of the City's Comprehensive Plan and LDRs in effect on August 8, 2001. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. 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 October 7, 2008 and October 21, 2008. 2. The Applicant and City staff presented documentary evidence for the hotel and testimony to the City Commission pertaining to the Class V Site Plan of Vista Del Mar. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN: ARE THE COMPREHENSIVE PLAN REQUIREMENTS MET? a. Comprehensive Plan -Future Land Use Element Objective A-1: This objective requires that the property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Zoning District Map designation of Central Business District (CBD) and has a Commercial Core (CC) Future Land Use Map designation. Pursuant to LDR Section 4.4.13(8), "Principal Uses and Structures Permitted", hotels are allowed as a permitted use within the CBD zoning district. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes No c. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the ublic facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water sewer, drainage, streets traffic, parks, open space, impact fees or solid waste? Yes No d. Consistency (Standards for Site Plan Actions): Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(F)(5) shall be the basis upon which a finding of overall consistency is to be made pursuant to the items listed in Exhibit "A" attached hereto. Are the requirements for consistency met? 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 and as set forth in Exhibit "B" attached hereto. 2 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), and Sections I(e) through (g) are the future land use map/concurrency/consistency requirements and 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 addressed by the body taking final action on the site and development 3 application/request. These areas include building setbacks, height, room size, space, parking, loading, stacking distance, point of access, visibility at intersections and site lighting as provided in Exhibit "C" attached hereto. Are these requirements met? Yes No b. Section 4.6.18(E) requires certain findings: Section 4.6.18(E) requires findings that: The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. It further requires that 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. Finally, it requires that 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. Are the requirements of Section 4.6.18 (E) 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 4 III. WAIVERS: The Petition requested the following: LDR Section 4.6.9(D)(3)(c)(1) to reduce the required stacking distance on Salina Avenue from 20' to 18' and a waiver to 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 (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 two waiver requests as follows: 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 3. 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 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 and finds that is Order is in compliance therewith. 5. 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, 2008. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 6 HOTEL VISTA DEL MAR A. History and Current Status of Hotel Proiect On October 3, 2000, Petitioner filed a series of site plan applications for the Hotel Project with the City. The first site plan called for the demolition of the existing 20 room motel to be replaced with a 103 room residence hate! with 2 restaurants and a 110 car automated 2 level parking garage. Petitioner subsequently modified its plans and, by 2001, the Hotel Project proposal called fora 71 suite luxury hotel and a 51 car parking garage. SPRAB expressed concerns regarding the relative mass of the building, but nevertheless, SPRAB voted to approve the Hotel Project with conditions a# its August 8, 2001 meeting. Currently, the proposed plans are similar to the plans SPRAB approved in 2001, with minor modifications including: there are 70 roams, a snack bar instead of a restaurant, a change in the circulation of traffic from 2 ways to 1 way with the entrance on Ocean Blvd. and exit on Salina Avenue and a 52 car parking garage. Also, the pool has been removed. Further, as a result of the Treasure Coast Regional Planning Council's suggestions, a covered walkway has been provided to give a more pedestrian-friendly appearance, which resulted in same additional modifications to the upper levels in order to be consistent therewith, resulting in a different window design and a slightly different facade. B. History of Court Cases 1. Petitioner Appears Before the City Commission. At the October 2, 2001 hearing, Petitioners presented a modified plan which eliminated a single stack of rooms on the northeast corner of the building, leaving a 10' wide opening between the building and the north property line on the upper floors. After hearing all of the testimony, and based on the entire record, the City Commission voted 3-2 to grant the appeal, thereby denying the project. 2. Petitioner Files First Writ of Certiorari and Court Enters Order. Petitioner subsequently appealed the City Commission's vote granting Boston's appeal to the Fifteenth Judicial Circuit Court, Appellate Division, by filing a Petition for Writ of Certiorari. In June, 2003, the Court granted Petitioner's Petition for Writ of Certiorari, holding that the City .Commission's failure to follow its own rules with regard to fact- finding had resulted in a miscarriage of justice. Further, the Court stated, "We note that Boston's appeal remains pending. However, if the City Commission's composition has changed since the orders .appealed, the appeal should be considered de nova." Page 2 3. Events Leading up to Petitioner's Second and Third Writs of Certiorari. (a) Petitioner modifies site plan, Boston's appeal is still pending. In December, 2003, without seeking a de novo review by the City Commission in accordance with the Court's Order of June, 2003, Petitioner submitted a Class II site plan to the City's Planning and Zoning Department for approval. The City's Planning and Zoning Department processed the Class II modifications under the incorrect assumption that the City had lost the court case and that, as a result, the site plan that was approved with conditions by SPRAB on August $, 200'[, had been fully reinstated. This was incorrect because the Court ordered a remand in a de novo proceeding before the City Commission. The City's Planning and Zoning staff made the incorrect assumption that the City lost the lawsuit based upon incorrect representations by Robert Currie, Architect and Agent for Petitioner. Mr. Currie incorrectly stated, "as you are aware the City iost its case and that gives the owner the right to do what the SPRAB had originally approved.„ (b) SPRAB Meeting of February 11, 2004. On February 11, 2004, the Hotel Project went before SPRAB for Class II Site Plan Modification approval pursuant to LDR Section 2.4.5(G}(1 }(b}. SPRAB voted 6-1 to table the Class II site plan modifcations. (c} City Received Request for Appeal to the City Commission on February 14, 2004. On February 11, 2004, Harvey Oyer, Esq. submitted a Request for Appeal regarding the "Pending Site Plan, Hotel Vista Del Mar; 64 South Ocean Boulevard, Delray Beach, Florida" to the City Clerk's Office on behalf of his client, Don Robinson, an adjacent property owner. Additionally, Mr. Oyer explained that the appeal was filed to challenge the Administrative Interpretation of the Planning and Zoning Director, Paul Dorling, with regard to the Hotel Project as, "we fait that the Class II site plan that was submitted by Vista Del Mar, should have been treated as a new Class IV site plan, due to the Court's Order that remanded the prior site plan to the City Commission for further proceedings, which have not yet occurred". (d} City Commission Meeting of April 13, .2004. On April 13, 2004, the City Commission conducted aQuasi-Judicial Hearing on the Appeal of the Administrative Interpretation of Paul Dorling, Director of Planning and Page 3 Zoning for the City of Delray Beach.. The City Commission voted 5-0 to grant the appeal stating that Applicant had three (3) options: (1) seek review of the Site Plan. before the City Commission in a de novo proceeding per the Court Opinion, {2) submit the proposed modifications to the Site PEan to 5PRA6 as a Class N Site Plan, or (3) abandon the. Site Plan that was the subject of the {original} Writ of Certiorari to the Circuit Court and proceed to submit a new Site Plan to the Site Plan Review and Appearance Board. (e} Petitioner Files Second Writ of Certiorari and Court Enters Order. Petitioner appealed the decision of the City Commission and all alternatives suggested by them at the City Commission meeting of April 13, 2004 to the Fifteenth Judicial Circuit Court, Appellate Division, by filing a Second Writ of Certiorari. In January, 2005, this Honorable Court granted Petitioners Petition for Certiorari, holding that, The composition of the Commission changed and therefore, the appeal is to be heard de novo pursuant to this Court's earlier opinion. The City Commission should either hold a de novo review of the appeal or dismiss for failure to prosecute, if no action is taken after a hearing is set. (f} Petitioner Files Third Petition for Writ of Certiorari in Fourth District Court of Appeal. On or about March, 2005, Petitioner filed his third Petition €or Writ of Certiorari, this time in the Fourth District Court of Appeal. The Fourth District Court of Appeals rendered an Order on March 17, 2005 denying Petitioner's Writ. 4. Events Leading up to Petitioner's Fourth Petition for Writ of Certiorari Regarding. Hotel Project. (a) City Commission hears Boston's appeal at its meeting of December T, 2Q05. On December 7, 2005, the City Commission conducted aquasi-judicial de novo hearing on Boston's appeal of the site plan approved toy SPRAB at its August 8, 2001 meeting. Ultimately, the Gommission voted 5-0 to approve Boston's appeal, thereby denying the August 8, 200.1 SPRAB approval of the Petitioner's site plan based upon findings of fact made on the record. (b) Petitioner files Fourth Writ of Certiorari and Court enters Order. Page 4 Petitioner appealed the December 7, 2045 decision by a Writ of Certiorari to the Fifteenth Judicial Circuit Court Appellate Division, which remanded the case to the City Commission, stating in its July 11, 2006 Order that, The Commission is limited to the existing original record and is not permitted to allow new evidence at a new evidentiary hearing. As the SPRAB is a board charged with approving proposed site plans, it is an approval board. A review of SPRAB actions, therefore, would be by the Commission and limited to the existing original record. 5. The City Commission then voted to approve ordinance 49-Ofi which changed its appeal provisions under Sec#ion 2.4.7{E) to provide that Appeals should be conducted as new evidentiary hearings via de novo review and not limited to the record below. 6. Petitioner then filed a Complaint in the Circuit Court requesting declaratory and injunctive relief challenging the consistency of the City Commission's development order denying the application with the City's Comprehensive Pian. 7. The proposed Development Agreement would settle both the pending Writ of Certiorari case which was remanded on .luly 11, 200fi to the City Commission for rehearing and the Circuit Court case filed in 2006 for Declaratory and Injunctive Relief. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: SEPTEMBER 8, 2008 SUBJECT: REGULAR MEETING - OCTOBER 7, 2008 CONSIDERATION OF A DEVELOPMENT AGREEMENT TO SETTLE TWO (2) PENDING CASES BETWEEN VISTA DEL MAR AND THE CITY OF DELRAY BEACH. ITEM BEFORE COMMISSION The item before the City Commission is consideration of a developer's agreement to settle two (2) pending cases between Vista Del Mar and the City of Delray Beach. Attached to the development agreement is a site plan, landscape plan and architectural elevations for Hotel Vista Del Mar. The subject property is located approximately 300 feet south of Atlantic Avenue on the west side of South Ocean Boulevard (State Road A-1-A). BACKGROUND The Vista Del Mar development proposal was considered by the Site Plan Review and Appearance Board (SPRAB) on June 20, July 11, and August 8, 2001. The development proposal included the demolition of the Bermuda Inn, a 20 room, two-story motel (constructed in 1968) along with the associated pool and parking. The new hotel had a total of 70 rooms and a private gym/spa. A 1,333 sq. ft. restaurant component and the rooftop pool were eliminated from earlier plans. There were a total of 50 parking spaces accommodated within the building on the ground floor and below grade. There were six floors, including the sub-grade parking level and the structure will have an overall height of 48 feet. During the initial SPRAB consideration staff expressed concerns relating to height, loading, parking layout, and general compatibility of the proposal. There was public testimony in opposition to the request. The objections mainly related to the size and mass of the proposed structure. In addition, concerns with the zero setback at the northeast corner of the site and its potential impacts on the redevelopment of the property to the north were noted. Future redevelopment of the site (Boston's Restaurant) with a similar zero setback would potentially block the ocean view for 1/2 of the proposed hotel rooms. In light of that, significant future opposition would be anticipated from the new hotel owners. The Board discussed these points at length and during discussions, it was acknowledge that the proposal did meet the current regulations which allows a zero setback. At its meeting of August 8, 2001 SPRAB approved the Class V site development plan, waivers, landscape plan and architectural design elements associated with Hotel Vista Del Mar. A complete analysis of the proposal is found in the attached August 8, 2001 SPRAB staff report. On August 20, 2001, SPRABs action was appealed by Michael Weiner, attorney for Mr. Perry DonFrancisco owner of Boston's Restaurant (property immediately to the north). The basis of Vista Del Mar -September 8, 2008 the appeal was that the actions taken by SPRAB were inconsistent with the Comprehensive Plan, LDRs and the Laws of the State of Florida. The relief being sought was to reverse the approval of the site plan, landscape plan and architectural elevations. The appeal was heard by the City Commission on September 4, 2001. The Commission upheld the appeal and the project was denied. At its September 18, 2001 meeting, the City Commission voted to reconsider the appeal. This reconsideration was based on revisions to the site plan which attempted to address the major issues of the appeal. The City Commission considered the revisions and again upheld the appeal. The applicant then sued the City and the history of this legal activity is outlined in the attached Assistant City Attorney brief. Since that time the City requested the Treasure Coast Regional Planning Council to assess the redevelopment potential of this site along with two other sites. They issued a report dated June 13, 2006 which is attached. The applicant has made some revisions to address some of the recommendations of that report and these revisions are attached to the development agreement and are summarized below. ANALYSIS OF THE REVISED PLANS The Treasure Coast recommendations focused on the interaction of the building with the street- scape along A1A and recommended it be more pedestrian friendly. The development proposal has modified the elevations, lobby layout and introduces a small snack bar function with related outside seating to address this issue. Additional changes to the elevations are proposed primarily consisting of additional offsets for upper floors along the east elevation, changes to exterior building materials, and changes to window types and related awnings on the north and south elevations. Modifications to the site's traffic flow to a one way in, (A1A), and one way out, (Salina Avenue) is proposed. Additional internal modifications include modifications to the ground floor to extend the portion of the building located on the north lot line to accommodate a larger lobby check in area, office areas, and expansion of the ramp area of the garage. RECOMMENDED ACTION Approve the development order and the attached site plan, landscape plan and architectural elevations for Hotel Vista Del Mar. 2 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 8, 2001 (Continuation from July 11, 2001 meeting) AGENDA ITEM: Iv.c: ITEM: Class V Site Plan, Landscape Plan and Architectural Elevations for Hotel Vista Del Mar, Located on the West Side of South -Ocean Boulevard (S.R. A1A), Approximately 300' South of East Atlantic Avenue. GENERAL DATA: Owner ............................................ Applicant ........................................ Agent ...................................... Location ......................................... Property Size ................................. Future Land Use Map .................... Current Zoning .............................. Adjacent Zoning ...................North: East: South: West: Existing Land Use ......................... Proposed Land Use ....................... Water Service ................................ Sewer Service ............................... Eugenia Kerstin, Trustee Louis Capano Robert Currie, Architect Robert G. Currie Partnership West side of South Ocean Boulevard {S.R. A1A), approximately 300' south of East Atlan#ic Avenue. 0.412 Acre Commercial Core CBD (Central Business District) CBD OS (Open Space} RM (Multiple Family Residential- Nledium Density) RM Two-story motel with pool Demolition of existing motel and construction of a 5-story Hotel (48' high to roof deck), with 70 rooms, 50 parking spaces, private gymispa and associated landscaping. Existing on site. Existing on site. DORCHESTER CD-OP THauAS srneET ~~ a BERKSHIRE Q ~ B Y 7HE SEA ~ GROSVENOR O z r s~REeT MANOR HOUSE coNDD FlRE STA. GROVE No.2 CONDD q ~ rc ~ 4 0 ~ a SPANISH DELRAY BEACH RIVER MARRIOTT RESDRT ;4TLA NTIC AVE . ~ 4 n sTREEr ® C a DOVER HOUSE CONDO ~, y OCEAN PLACE ~ ~ CONDO O O ~-^ONUT RO'M U ~ ._ JARDIN DEC MAR ~ ~ CONDO U o ocFUa ism. o ,., $ T, WINDEMERE HOUSE CONDO BAY 57REE'f CANlKA! V1LLA5 CONDO , r LANCER WAY I~ IV.C. ITEM BEFORE TH`»E BOARD The action before the Board is that of approval of a Class V site plan which incorporates the following aspects of the development proposal for Hotel Vista Del Mar, pursuant to LDR Section 2.4.5{F): - Site Plan; ^ Landscape Plan; and, ^ Elevations. The subject property is located on the west side of South Ocean Boulevard {A-1-A), approximately 300 feet south of Atlantic Avenue and is zoned CBD {Central Business District). BACKG>ROUND The subject property consists of Lats 6-10, of the Ocean Park subdivision and is approximately 0.41 acres in size. The site currently contains the Bermuda Inn, a 20 room, two-story motel (constructed in 1968}, with a pool and associated parking. The parcel was zoned LC {Limited Commercial) until it was rezoned to CBD {Central Business District) with the Citywide Rezoning associated with the adoption of the Land Development Regulations in 1990. At its meeting of June 20, 2001, the Site Plan Review and Appearance Board reviewed the site plan approval to demolish the existing motel and to construct a new hotel to be known as Ho#e[ Vista Del Mar. Staff presented the item and noted that revised plans were submitted the day of the meeting addressing many of staffs comments, except building height, loading, and compatibility. The Board also had concerns with the compatibility of the project with the properties to the north and west. Revised plans have been submitted and are now before the Board for action. PROJECT I]fTSCRIPTION The new hotel has a total of 70 rooms, a private gymispa, a rooftop swimming pool and a 1,297 sq. ft. restaurant. There are a total of 56 parking spaces accommodated within the building on the ground floor and below grade. There are six floors, including the sub-grade parking level. The building is 48 feet in height. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. Building Setbacks: Pursuant to LDR Section 4.4.13(G}(2)(a} Setbacks, within this portion of the CBD zoning district, a front setback of not less than 5', nor greater than 10' shall be provided. As the property fronts on two streets, it is considered a double frontage lot. The proposed hotel is setback 5' from both Ocean Boulevard and Salina Avenue, thus mee#ing this requirement. Vista f7el Mar Standards for Site Plan Actions Normally, a side interior se#back is not required when there is dedicated access to the rear of the building. However, pursuant to LDR Section 4.6.4(A)(1) Commercial Zoning Ad'lacent to Residential Zonino, a 10' setback is required where the rear or side of a commercially zoned property directly abuts residentially zoned property without any division or separa#ion between them. Since the adjacent property to the south is zoned RM, a 10' side setback has been provided. Since the property to the north is also zoned CBD, a side setback has not be provided along the north property line. Based upon the above, the building setback requirements have been met. Building Height: Pursuant to Section 4.3.4{K), within the CBD zone district, a maximum building height of 48' is allowed. The hotel has a height of 48' to the flat roof deck. Appurtenances, usually required to be placed above the roof level of a building and not intended for human occupancy, may be allowed to extend above the height limitations when approved by ac#ion of the Site Plan Review and Appearance Board. This provision allows for elevators, stair towers, cooling towers, and mechanics! equipment to be placed on the roof. The design of the building is such that there are three towers and a lower mechanical equipment area which project above the 48' high roof deck. The towers, which accommodate two sets of stairs and the elevator shafts; reach a height of 58'-6" to the mid line of their roofs. Although the height of the mechanical equipment area has not been indicated on the plans, it is not visible above the parapet wall on the building elevations. The height of this area must be shown on the plans. This has been added as a site plan technical item. A parapet wall and decorative blue metal railing is provided around the roofline of the building. Open Space: Pursuant to LDR Section 4,4.13{F)(2) Open Space, within the CBD zone district east of the Intracoastal Waterway, there shall be no minimum open space requirement. Notwithstanding the provisions of this section, the body acting upon a development application within the CBD may require that open areas, including bu# not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. It is noted that some landscaping has been provided adjacent to Ocean Boulevard and Salina Avenue as well as along the south side of the building. Parking: Pursuant to LDR Section 4.6.9{C)(7){e), hotels and motels are required to provide 0.7 spaces for each guest room plus 10 spaces per 1,000 sq. ft. of floor area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. However, pursuant to LDR Section 4.4.13(G)(1){d), within the CBD zone district, restaurants require 6 spaces per 1,000 sq. ft. of floor area. The parking requirement has been met as 56 spaces are required [70 room x .7lroom + 1,297 sq. ft. restaurant11,000 x fi = 57 - 1 space reduction = 56] and 56 spaces (37 standard spaces, 16 compact spaces and 3 handicapped spaces) have been provided. Handicapped Parking: Based on the total number of parking spaces provided, three handicapped accessible parking spaces are required and three have been provided, thereby meeting the requirement. 2 Vista Del Mar Standards for Site Plan Actions Dead-end Parking Bays: Pursuant to LDR Section 4.6.9.(D)(4)(c), Dead-end Parking Bays, a 24' wide by 6' maneuvering area is required at the end of dead-end parking bays. The maneuvering area provided on the sub-level parking floor meets this requirement. Loading; Pursuant to LDR Section 4.6.10(D}(1 ), single unit loading spaces must be 12' x 30' with a 30' maneuvering apron and 12' of vertical clearance. The loading space provided is only 11'-3" wide. The loading space is located between a parking space and a column which both extend behind the loading space. Even though there is 32'-4" behind the space, the configuration reduces the maneuvering area to only 24', since the vehicle cannot be turned until it is clear of the adjacent obstructions. Documentation must be provided that the loading space as shown on the plan will accommodate the types of vehicles expected to service the hotel or the design must be changed to provide the required size space and maneuvering area. This has been attached as a condition of approval. Hotels between 20,000 and 100,000 sq. ft. shall provide 2 loading spaces. The applicant proposes to provide only one loading space. The body approving the site plan shall determine the adequacy of the provisions which are made for (un)loading. The applicant has submitted the following statement: "Based on the requirements of the hots! operator, and our experience, vie are of the opinion that for this project, one wi!! be sufficient. The time of loading operations wi!! be controlled to limit the impact on the guests and genera! public." In additional to the one loading space provided, other opportunities for loading and unloading exist on the site. Smaller delivery vehicles can park in the garage to make deliveries or utilize the drop-off area in front of the building. Based on these factors, one loading space should be adequate for the facility. However, It is Important that the project's impact on Salina Avenue be minimized for compatibility with the residential developments fronting Salina Avenue. Therefore, no loading or unloading of vehicles, except trash pickup, is permitted on Salina Avenue. This has been added as a condition of approval. Drop-off Area and Stacking: Two drop-off spaces have been provided in front of the hotel lobby. The applicant has provided a #raffic statement dealing with the adequacy of this drop-off area. The analysis indicates that the maximum number of trips entering the hotel requiring check-in and baggage drop-off would be 70 per day, assuming a dally turnover of all hotel rooms. Since the usually check in time is between 2:00 p.m. and 8:00 p.m., an average of 12 trips during aone-hour period would require drop-off parking, Since there are two spaces, 6 vehicles per hour could be accommodated in each space. This allows ten minutes for unloading and parking per vehicle, which should be adequate. Since there is no stacking provided for the drop-off area, in the event that both spaces are taken, a vehicle would by-pass the drop-off area and ei#her use the loading space in the garage or park in a regular parking space before checking in. Although the drop-off area is adequate for check-in and baggage drop-off, it is not large enough to operate a valet queue to park vehicles for customers of the restaurant and surrounding businesses. If a valet queue is established at this location, it may only be for guests of the hotel. This has been added as a condition of approval. 3 Vista Del Mar Standards for Site Plan Actions Point of Access: Pursuant to LDR Section 4.6.9(D}(3)(a}, the point of access to a street or alley shall be a maximum of twenty-four feet (24') unless a greater width is specifically approved as a part of the site and development plan. The main access drive in front of the building is 32' wide. The additional width allows vehicles to pull directly into the drop-off area with minimal conflicts and should be approved. Visibility at Intersections: Pursuant to LDR Section 4.6.14(A), a visibility triangle is required at the intersections of roads (corner lots} and driveways. An unobstructed view within this triangle visibility must be provided between the heights of three-feet and six-feet. The required visibility triangle at the intersection of two streets is 40' and 20' at driveways. The purpose of the triangle is to provide a sufficient line of sight for drivers to spot oncoming traflc. These triangles are required for walls, fences, and landscaping. The visibility triangles at the garage entrances is approximately 5' on Salina Avenue and 7' on Ocean Boulevard, where 20' is required. A waiver to this requirement has been requested. Pursuant to LDR Section 2.4.7(8)(5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not signi#icantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The building setback on Salina Avenue and Ocean Boulevard is 5'. Since the driveway entrances immediately enter the parking garage, the building columns on either side of the entrance encroach into the required 20' visibility triangle. Salina Avenue is a narrow roadway which dead-ends approximately 950' south of the subject property. The 5' visibility triangle provided is adequate given the low speed and limited traffic on this roadway. In reality, visibility is only an issue for the exit lane of the garage. The primary turning movement will be to the right (north) upon exiting the garage and the visibility triangle from the exit lane to the left is 20'. Additionally, the driver's position on the left side of the vehicle and openings in the building walls on both sides of the entrance provide much greater visibility as vehicles approach the exit. The visibility triangle for Ocean Boulevard is 20' except for the encroachment of two major columns which reduce it to 7'. However, from the driver's position in the vehicle, the actual visibility triangle for the exit lane is approximately 16' to the right {south) and over 20' to the left {north). Alsq there is an additional 12' between the property line and the travel lanes for Ocean Boulevard. Given these conditions, the T visibility triangle on Ocean Boulevard is adequate. The waiver will not affect the delivery of public services, and will not create an unsafe situation with respect to public safety. Similar circumstances an other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2,4.7(8){5), can be made. Sidewalk: Pursuant to LDR Section 6.1.3(8), a sidewalk is required to be constructed in the right-of-ways that abut the subject property line. This would apply along Ocean Boulevard and Salina Avenue. A 5` wide sidewalk exists along Ocean Boulevard but no sidewalk exists along Salina 4 Vista Del Mar Standards for Site Plan Actions Avenue. Pursuant to LDR Section 6.1.3(D}(2), where it is clear that the sidewalk will not serve its intended purpose, the requirement for installation of a sidewalk adjacent to the property being developed may be waived during site plan or plat approval. The applicant has requested a waiver from the installation of a sidewalk along Salina Avenue on the basis that there is no ability for an extension of the sidewalk to the north or south. Pursuant to LDR Section 2.4.7(8}(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant ar owner. Back-out parking exists along both sides of this roadway and there is not roam to install a sidewalk within the existing right-ofi way. Without a reasonable expectation that the sidewalk could be extended on either side, the sidewalk would not fulfill its intended purpose. Therefore, it is inappropriate to provide a sidewalk along Salina Avenue. The waiver will not affect the delivery of public services, and will not create an unsafe situation with respect to public safety. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7{B)(5), can be made. Reduction in Right-of-Way Width: Pursuant to LDR Section 5.3.1(D), the required right-of-way width far Salina Avenue is 60' and a 21.43' right-of way currently exists. Pursuant to LDR Section 5.3.1(D)(4}, a reduction in right-of- way widths for existing streets may be granted by the City Engineer upon favorable recommends#ion from the Development Services Management Group {DSMG). The DSMG recommended that reductions in right-of-way width for Salina be granted. Site Lighting: Pursuant to LDR Section 4.6.8, site lighting must be provided within the proposed parking area. However, the location of the project also requires compliance with Section 91.51 of the City of Delray Beach Code of Ordinances, Lighting Restrictions Along Beach stated as follows: "No artificial light shall illuminate any area of the beach which is used for turtle nesting and hatchlings. In order to accomplish this, a!1 lighting shall be shielded or screened so fhaf the light is not a visible source from the beach during the night period from April 1, to October 31 of each year. "Night Period" is defined herein as being that time from dusk fo dawn. " The location of this project requires that a complete lighting plan for the building indicating the location and fixture details for all lighting sources which could be visible from the beach be provided. This includes interior fixtures which could be visible through windows or other building openings. Details of measures that will be taken to screen the lighting must also be provided. Section 9.1 of the Palm Beach County Unified Land Development Code should be used as a guide for mitigation measures to screen lighting sources. The provision of this plan and mitigation details has been added as a condition of approval. 5 Vista Del Mar Standards for Site Plan Actions Trash Compactor: An enclosed trash compactor area with atoll-down gate is provided under the building on the first floor. Trash pick-up will be from Salina Avenue via the roll-down gate. BFI has approved the configuration. To minimize the impact on the residential properties to the west, the enclosure area will be deodorized and air conditioned. This has also been added as a condition of approval. A trash chute system will be utilized to dispose of trash from within the hotel and a secondary access door, located on the side wall of the enclosure will be utilized to dispose of trash and garbage from the first floor lobby and restaurant. Bike Rack: Pursuant to LDR Section 4.6.9{C)(1){c}{3), bicycle parking facilities shall be provided in the designated area and by a fixed or stationary bike rack far any non-residential use within the City's TCEA. The subject property is located within the TCEA area, and a bike rack has been indicated in front of the building on Ocean Boulevard. Coastal Construction Control Line: A DEP permit will be required for construction of the sub-grade parking garage which extends eastward of the Coastal Construction Control Line. This has been added as a condition of approval. Existing Site Conditions: The survey indicates that the buildings to the south encroach into the subject property by 3/a'. This encroachment will need to be accommodated in the final design of the hotel. Additional encroachments by an air conditioning unit and electrical box will also need to be addressed. The applicant will need to notify the property owners of these encroachments and the need for their removal andlor relocation prior to construction. Site Plan Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need be addressed prior to issuance of a building permit. ~ . Provide the exfiltration trench percolation test results; 2. Provide documentation that the Salina Avenue drainage system has adequate capacity to handle the additional stormwater flaw; 3. Provide 1=DOT driveway connection and drainage permits; 4. Provide fire flow calculations; and, 5. Indicate the height of the mechanical equipment area on the roof. LATINDS»CAP~ PLAN ANALYSIS As stated earlier in this report, there is no minimum open space requirement within the CBD zone district east of the Intracoastal Waterway. However, the body acting upon a development application may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. The proposed building covers most of the site with most of the parking and service functions also under roof. Therefore, the proposed landscaping for the project is minimal. 6 Vista De! Mar Standards for Site Plan Actions The main entrance to the building is on Ocean Boulevard. Coconut Palms with Dune Sunflower underplantings and a backdrop of purple Crinum Lilies will be located on either side of the building facing the street. An additional Coconut Palm will be provided in a 3' high raised planter box on either side of the main entrance. The Coconut Palms are relocated from elsewhere on the site and are listed as 25' - 35' in height. Given the height of the building, this height is necessary in order to be in scale with the building. A planter will be provided under the building in front of the hotel lobby with 3 European Fan Palms, Variegated Arboricola, and Pathos Vines. A line of Coconut Palms are proposed on the south side of the building in a raised planting bed over the sub-level garage. The trees will be spaced every 25' to comply with the spacing requirements where commercial abuts residentially zoned property [ref. LDR Section 4.6.16{H)(3}{e}], Triple trunk Pigmy Date Palms will be located between the Coconut Palms with Xanadu and Boston Ferns utilized for ground cover in the area. Fifteen $' high White Birds of Paradise will be planted along the property line. Four booted Sabal Palms with Fakahatchee Grass are proposed between the south property line and a walkway adjacent to the restaurant. A 5' landscape strip is provided along the west property line between the building and Salina Avenue. Double Alexander Palms and sad will be provided within the landscape strip. The Alexander Palms are depicted as 12' high. Much taller trees are necessary to break up the mass of the west facade, and is listed as a condition of approval. A Variegated Arboricola hedge and a mulched planting bed will be provided adjacent to the west building line to screen the openings in the parking garage and along sides of the trash enclosure. There is no landscape material provided along the north side of the building since the building is set on the property line. The proposed landscape plan complies with LDR Section 4.6.16. ~ ARC"HIT>~ECTURA`<L ELEVATIONS; ~ The proposed architectural elevations contain a mixture of design elements. The first floor of the east facade consists of a large rectangular opening and four smaller arched openings supported on columns along Ocean Boulevard. The central opening provides access to the parking garage. Sidewalks are provided on either side of the entrance road and the hotel lobby and restaurant are visible under the building. The columns on this floor are cast coquina, painted yellow. The next four floors contain the hotel roams. The fagade contains a series of step backs from north to south which follow the angled front property fine. The design is repeated on the 2"d through 4~h floors. Raised white banding is used to separate the floors. Each hotel room has a balcony accessed by a pair of white French doors with an arched tap. The balconies project slightly from the wall face and are wrapped in blue metal railings. The window frames, which are painted white, are covered by green Bahama shu#ters. The walls are stucco, painted yellow. The 5t~' floor is stepped back slightly from the front and has the same design elements as the floors below, except the walls are covered with cementitous siding. A parapet is provided along the roof line with breaks to accommodate blue metal railings. The same color scheme and archi#ectural details with some variations are found on the north and south facades. To maximize ocean views for the hotel rooms, the wails have a saw tooth design with angled balconies extending out from the building. Trellises have been added above the balconies on the top floor. Single glass doors are used to access the balconies as opposed to the double French doors found on the east elevation. Between the projecting balconies, flat walls with windows and Bahama shutters extend above the roof line. The areas between these walls is spanned by blue metal railings. cementitous siding is utilized on the walls of the upper level. A stair tower with a green metal hipped roof is located on each facade. The ground floor 7 Vista Del Mar Standards for Site Plan Actions on the sou#h elevation is open, exposing the parking garage. A 6' wall has been added along the south property line to screen the vehicles. On the north elevation, the parking garage is completely enclosed. To break up an otherwise blank wall, decorative shutters are used on the north facade between the hotel room balconies and Ocean Boulevard. The west facade is very plain compared to the rest of the building. The otherwise flat wall plane is broken by balconies on the north corner and in the center of the building. Windows with Bahama shutters are utilized on each floor between the balconies. A stair tower with a green metal hipped roof is located on the south corner and faux windows with Bahama shutters are used on each floor centered on the tower. Cementitous siding is utilized on the walls of the upper level. On the ground floor, a rectangular opening on large columns provides access to the garage. This opening is flanked by arched openings on either side exposing the ground floor of the garage. An enclosed trash compactor area with aroll-down gate is provided under the roof on the first floor. The building is only 5' from Salina Avenue which is a narrow roadway. The residential buildings across Salina Avenue will be less than 50' from the face of the building. At such a close distance, the building will have a major visual impact on these residential properties. Staff recommends that steps be taken to create additional variations in the flat walls to break up the mass of the building. This could be accomplished by setting back portions of the building further from Salina Avenue or by opening up the rear hallway to the outside and creating a continuous balcony. In addition to the above, architectural elements should be added to the plain sections of roof parapet around the building, such as decorative caps or mansard projections to match the proposed green metal roofing on the towers. RE`QUIRFD FINDINGS Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Section 3.1.1 A -Future Land Use Ma :The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Zoning District Map designation of CBD {Central Business District} and has a CC (Commercial Core} Future Land Use Map designation. Pursuant to LDR Section x.4.13{B), Principal Uses and Structures Permitted, hotels are allowed as a permitted use within the CBD zoning district. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1{B) - Con,currencLr: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan, 8 Vista Del Mar Standards for Site Plan Actions As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. Section 3.1.1 C -Consistent Standards for Site Plan Actions : Compliance with perFormance standards set forth in Chapter S and requ[red findings in Section 2.4.5(F)(S) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 2.4.5(1=](5] (Site Plan Findinas): Pursuant to Section 2.4.5(F){5) (Findings), in addition to provisions of Chapter Three, the approving body must make a finding that the development of the property pursuant to the site plan will be compatible and harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is located at the south end of the CBD zoning district which extends southward from Atlantic Avenue along Ocean Boulevard. The development of a new hotel on the subject property is compatible with the existing commercial development in the area. East of the Intracoastal Waterway, the CBD zone consists primarily of resort-oriented retail businesses, restaurants and the Marriott hotel, Restaurants, shops and a 5-story condominium {New Monmouth} are located north of the proposed hotel site, south of Atlantic Avenue. The Marriott hotel complex is located just north of Atlantic Avenue. The CBD district is the highest intensity zoning district within the City and the development standards for the district were written to promote compact urban development in order to emphasize economic growth and business development. Since the type of development permitted and encouraged within the CBD is not always compatible with less intense development, it is important to minimize the impacts of new developments on adjacent properties along zoning district boundaries. The subject property is bordered by RM {Multiple Family Residential -Medium Density) zoning on the south and on the west side (across Salina Avenue}. While the hotel use is compatible with this zoning district, the difference in scale between the proposed hotel and the existing residential development must be addressed. As proposed, the rear facade of the hotel is a relatively flat 48' high wall with additional elements on the roof. This facade, located less than 50' #rom one and two-story residential buildings on the other side of Salina Avenue, is not compatible with this adjacent development. To achieve compatibility, additional variations in the flat walls are necessary to break up the mass of the building. This change has been added as a condition of approval. The property to the south is a two story condominium. The south facade of the proposed hotel has considerable variations in the wall plane and large Coconut Palms are to be plan#ed along the facade. This facade is compatible with the adjacent condominium. Provided the changes as outlined above are made, a positive finding can be made that the development will be compatible and harmonious with nearby properties and the City as a whole. The project will fulfill the need for additional hotel rooms in the city and promote additiona! economic development. This should have a positive effect on property values in the area. 9 Vista Del Mar Standards for Site Plan Actions COMPREHENSIVE PLAN POLICIES; A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Elernent Objective. A-1; Property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of so'ri, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. When the property is cleared {demolition of the existing motel} there should be no physical conditions that would prevent the redevelopment of the property. The site is located in a Centro! Business District and will be developed in a manner consistent with that zoning designation. The project will be complementary to the adjacent land uses provided the conditions of approval are addressed. The project fulfills the need for additional hotel rooms within the City. Housing Element Policv A-12.3: In evaluating proposals far new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As discussed above, the proposed hotel will be compatible with the adjacent neighborhood provided the conditions of approval outlined in this report are met. The project is consistent with this policy in that it will not result in a degradation of the neighborhood. Coastal Management Element: Goal Area "C": Development and redevelopment in the Coastal Planning Area shall be compatible with the existing character of the area, and shall provide for a sensitive balancing of the needs for economic development, redevelopment, and environmental protection. Objective C-3: The development of vacant and under-developed land on the barrier island shall occur in a manner which does not change the character, intensity of use, or demand upon existing infrastructure in the Coastal Planning Area, as dictated in the following policies: Policv C-3.2: There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system. This is a redevelopment project of an underdeveloped property within the Central Business District. The development promotes economic growth in the downtown and is consistent with the character of the tourist-oriented commercial development within this area of the Centro! Business District. It will provide needed hotel rooms within the City, which will serve the local beach community and tourists. The project must comply with the City's site lighting restrictions in order to protect the beach area used far turtle nesting and hatchiings. This site has a Commercial Core land use designation and no change in the intensity of land use designation is proposed. Due to the property's location, there is not an opportunity to connect to the City's ~a Vista Del Mar Standards fior Site Plan Actions storm water management system. However, the project will be connected to the City's sewer system. Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the IDRs can be made, provided Site Plan Technical items and conditions of approval are addressed. REVIEW BY OTHERS Downtown Development Authority (DDA) The DDA reviewed the request at its meeting of May 16, 2001 and recommended approval subject to addressing the technical site plan issues raised by staff, which are contained in this report. ommuni v e eve o me p nt„Agency (CRA) The CRA reviewed the request at its meeting of June 16, 2001, and recommended approval subject to addressing compatibility with adjacent properties and the technical site plan issues raised by staff, which are contained in this report. Courtesy Notice: Special courtesy notices were provided to the following homeowners and civic associations: • PROD -Progressive Residents of Delray Chamber of Commerce • Property Owners of the Bahama House Condo Presidents Council • Beach Property Owners Association A letter has been provided from the Beach Property Owners Association expressing concerns with the scale of the building, traffic flow and adequacy of the supplied parking. A copy of the letter is attached to this report. Other letters of support or objection, if any, will be presented at the SPRAB meeting. ASSESSMENT:; AND CONCLUSIQNS The development proposal to construct a 70 room hotel with a pool on South Ocean Boulevard will be consistent with the policies of the Comprehensive Plan provided the conditions of approval concerning loading, the west building elevation and valet parking are addressed. Consistency with Chapter 3 and 2.4.5{F)(5) of the Land Development Regulations will be achieved provided the conditions of approval are addressed. ALTERNATIVE ACTIOhIS Continue with direction. 2. Approve the Class V site plan, landscape plan and elevations far Hotel Vista Del Mar, based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5{F}(5) {Finding of Compatibility) of the land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 11 Vista Del Mar Standards for Site Plan Actions 3. Deny the Class V site plan, landscape plan, and elevations for Hotel Vista Del Mar, based on a failure to make positive findings with respect to the Land Development Regulations. »REC»OMMEN'DED ACTIQN> By separate motions: Waivers: 1. Approve a waiver to LDR Section 4.6.14(A), to reduce the visibility triangle at the Salina Avenue driveway entrance from 20' to 5' and at the Ocean Boulevard driveway entrance from 20' to T, based upon positive findings with LDR Section 2.4.7{13)(5). 2. Approve a waiver to LDR Section 6.1.3(8}, to eliminate the required sidewalk along Salina Avenue. Site Plan: Approve the Class V site plan for Hotel Vista Del Mar, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(F)(5) (Finding of Compatibility} of the Land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: 1. Address all Site Plan Technical Items and submifi three {3} copies of the revised plans; 2. Documentation must be provided that the loading space as shown on the plan will accommodate the types of vehicles expected to service the hotel or the design must be changed to provide the required size space and maneuvering area; 3. No loading or unloading of vehicles, except trash pickup, is permitted on Salina Avenue; 4. A DEP permit is required far construction of the sub-grade parking garage which extends eastward of the Coastai Construction Control Line; 5. Alighting plan which details mitigation measures for all light sources visible from the beach must be provided; 6. If a valet queue is established in the drop-off area, it may only be used for guests of the hotel; and, 7. The trash enclosure area must be deodorized and air conditioned. Landscape Plan: Approve the landscape plan for Hotel Vista Del Mar, based upon positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. The 12' high Alexander Palm trees must be replaced with taller trees along the rear property line. Elevations- Approve the elevations for Hotel Vista Del Mar, based upon positive findings with respect to Section 4.6.18 of the Land Development Regulations, subject to the following conditions: 1. Create additional variations in the flat walls of the west facade to break up the mass of the building; and, 12 Vista De[ Mar Standards for Site Plan Actions 2. That additional architectural elements such as a parapet cap or metal mansard roof projections be added to the parapet. Attachments: ^ Appendix A ^ Appendix B ^ Reduced Floor Plans, Landscape Plan, Building Sections, and Building Elevations ^ Letter from the Beach Property Owners' Association 13 Vista Del Mar Standards for Site Plan Actions APPENDIX A CQNCURRENCY FtNDINGS Pursuant to Section 3.1.9(6) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ^ Water service is available to the site via a service lateral connection to a 8" main located in the Ocean Boulevard right-of-way. ^ Sewer service is available to the site via a service lateral connection to an 8" main located in the Georgia Street right-of--way. © An existing fire hydrant is located at the NE corner of the site on Ocean Boulevard. A new fire line will be installed along the southwest corner of the property, connected to an 8" main in Salina Avenue. The Building will be fully sprinkled. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these level of service standards. Drainage A preliminary engineering plan was submitted by the applicant. Since most of the ground level parking area is covered by the second floor of the building, drainage of the parking surface will be minimal. Any storm water that enters the parking area will be accommodated via sheet flow into a drain grate at the driveway entrance to Salina Avenue. Runoff from the roof will be discharged into catch basins at the northwest and southwest corners of the building and all the drainage will be diverted to exfiltration trenches along the west property line. Exfiitration test results will be required prior to obtaining a building permit for the paving and drainage system. Since the drainage of the property is being directly almost exclusively to the rear of the property, documentation that the Salina Avenue drainage system has adequate capacity to handle the additional flaw is required prior to obtaining a building permit. In addition, FDOT driveway connection and drainage permits will also be required. if these requirements are met, positive findings with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the TCEA (Traffic Concurrency Exception Area), which encompasses the CBD (Central Business District), OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above- described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. However, a traffic statement has been provided by the applicant which indicates that the construction of the new hotel will generate 374 additions[ trips onto the surrounding roadway network. The additional traffic generated will not have an adverse impact on this level of service standard. 14 Vis#a Del Mar Standards for Site Pian Actions Parks and Open Space: The 70 additional rooms will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2(C), Impact Fee Required, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, impact flee of $500.00 per dwelling unit (including hotel rooms) will be collected prior to issuance of building permits for each unit. Thus, an impact fee of $35,000 will be required of this development. Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 7.2 pounds per day per capita for the life of the existing landfill (approximately 2021). Based upon the Solid Waste Authority's trash generation rates, trash generated each year by the proposed 49,114 sq. ft. hotel will be approximately 4.7 pounds per sq. ft. or 115.4 tons per year. Since the total trash generated by this proposal can be accommodated by existing landfill facilities, a positive finding with respect to this level ofi service standard can be made. 15 APPENDIX B STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and Lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Provide relief is granted for the site visibility triangle on Salina Avenue and Ocean Boulevard. Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies #ound under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard ^oes not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent 1=, Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Even though the property is not currently vacant, it is noted that the project will provided needed hotel rooms in the City and will be complementary to adjacent uses, provided the conditions of approval contained in this report are met. Appendix B Standards for Site Plan Actions Page 2 Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X This standard was addressed in the body of the report with the review of applicable comprehensive plan objectives and policies Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situa#ion. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Daes not meet intent 17 This instrument prepared by: J. Michael Marshall, Esq. Siemon & Larsen, P.A. 433 Plaza Real, Suite 339 Boca Raton, Florida 33432 561.368.3808 Parcel I.D. No.: 12-43-46-16-28-001-0060 Development Agreement for Vista Del Mar, L.L.C. This Development Agreement ("Agreement") is entered into by and between the City of Delray Beach, Florida, a FIorida municipal corporation (the "City"}, and Vista DeI .Mar, L.L.C. of 351 North Congress Avenue, Suite #142., Boynton Beach,. Florida 33426 (the "Owner"), pursuant to Section .2.4.11 of the City's Land Development Regulations ("LDRs"}, and the Florida Local Government Development Agreement Act, Sections 163.3220-163.3243, Florida Statutes, and is binding on the effective date as set forth herein. Witnesseth: WHEREAS, Vista DeI Mar, LLC is the owner of the real property in the corporate limits of the City of Delray Beach, Florida, located at 64 South Ocean Boulevard, Delray Beach, Florida, and more particularly described on Exhibit A (the "Property"}; WHEREAS, the: Property is designated under the City's future land use map as Commercial Core ("CC") and zoned Centxal Business District ("CBD"); W HEREAS, Policy 4-1.6 and Policy C-4. l of the City's Comprehensive Plan state that the City shall encourage rehabilitation and revitalization of the CBD district; WHEREAS, in pursuit of Policy 4-1.6, Section 4.4.13 of the City's LDRs states that the CBD district is intended to stimulate and enhance the vitality and economic growth of the City's downtown area; district; WHEREAS.,. Section 4.4.13(B)(S) provides that hotels and motels are permitted uses in the CBD WHEREAS, the Property is currently developed with a 20-room hotel known as the Bermuda Inn; WHEREAS, on August $, 2001, the City's Site Plan Review and Appearance Board ("SPRAB") approved the Owner's plans for redeveloping the Property with the proposed Hotel vista Del Mar (the "Approved Site Flan") after determining that the Approved Site Plan complied with the City's LDRs and Comprehensive Plan in all material respects (the "2001 SPRAB Approval"); WHEREAS, the City Commission thereafter granted a neighbor's request to appeal the 2001 SPRAB Approval and then reversed the 2001 SPRAS Approval on appeal; WHEREAS, the City Commission's decision to reverse the 2001 SPRAB Approval was subsequently quashed and remanded by the Appellate Division of the Fifteenth Judicial Circuit in and for Palm Beach County ("Appellate Division") in a. Writ of Certiorari action that was timely filed by the Owner; WHEREAS, the City Commission reconsidered the appeal and again ruled to reverse the 2001 SPRAB Approval; WHEREAS, the Owner initiated another Writ of Certorari action in which the Appellate Division again quashed the City Commission's second decision to reverse the 2001 SPRAB Approval and remanded it back; WHEREAS, the City Commission reconsidered the 2001 SP1tAB Approval for a third time and ruled again to reverse-the 2001 SPRAB Approval; WHEREAS, on January 5, 2006, the Owner filed a third Writ of Certiorari. action challenging the City Commission's decision. to reverse the 2001 SPRAB Approval ("the. 2006 Certiorari Action"); WHEREAS, the Appellate Division again quashed and remanded the City Commission's third decision. to reverse the 2001 SP1tAB Approval and remanded it back; WHEREAS., on. January 5, 2006, the Owner commenced an action for declaratory and injunctive relief in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida (the "Circuit Court"), entitled Vista Del Mar, L.L.C. v. The City of Delray Beach, CASE NO.50 2006 CA 00.0141 ~S:XXXMB (the "Lawsuit"}, in which the Owner challenged the same City Commission decision that was at issue in the 2006 Certiorari Action; WHEREAS, the City has contested the Owner's claims in the Circuit Court Lawsuit and the Lawsuit is currently pending in Circuit Court in conjunction with the third Writ of Certiorari action which was remanded to the City Commission and is also currently pending;. WHEREAS, the City and the Owner have .recognized the benefits of cooperation to redevelop a key area of the City and have agreed to resolve any and all claims at issue in the Lawsuit to allow for such redevelopment to occur on the Property; 2. WHEREAS, the Owner proposes to redevelop the Property with a 70-room hotel in accordance with the revised site plan, attached hereto as Exhibit B (the "Revised Plans"}; WHEREAS, the City has held public hearings to accept and encourage public input with respect to the provisions contained in this Agreement, and has considered such public input; WHEREAS, the Owner has provided public notice of the parties' intent to consider entering into this Agreement by advertisement published in a newspaper of general circulation and readership in Delray Beach, and by mailed notice to all affected property owners; WHEREAS, the City Commission of Delray Beach (the "Commission"} held a public hearing on the day of _._ , 2008, to consider this Agreement; WHEREAS, the Commission finds that the City's interests and the health, safety and welfare of the citizens of the City of Delray Beach are best served by settling the Lawsuits and resolving all outstanding claims therein pursuant to the terms and conditions set forth in this Agreement; WHEREAS, the Commission has determined that this Agreement further advances public. interest because the terms and conditions set forth in this Agreement are consistent with the City's policy of encouraging development/redevelopment of hotels and motels in City's CBD, and; WHEREAS, the Commission also finds that the City's interest and the health, safety and welfare of the citizens of the City of Delray Beach are best served by allowing redevelopment of the Property on the terms and conditions set forth in this Agreement with the expectation that such redevelopment will encourage further developmentlredevelopment in the CBD and result in enhanced economic benefit to the City with respect to the stability and potential for future developmentlredevelopment of properties in the surrounding area. NOW, THEREFORE, in consideration of the mutual promiscs and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Secfion 1. Recitals The foregoing recitals are a part of this Agreement on which the parties have relied anal are incorporated into this Agreement by reference, Section 2. Purposes of Agreement The purposes of this .Agreement are: (A) to encourage and provide for redevelopment of the Property consistent with the City's LDRs and Palley 4-1,6 and Policy C-4.1 of the City's Comprehensive Plan; 3 (B) to settle all pending Lawsuits between the parties and resolve any and all claims that are pending; or which could have been brought, between the parties; and {C} to affirm the 2441 SPRAB Approval as modified by Exhibit B attached hereto and. further secure approval for the Owner to proceed with redevelopment of the Property in accordance. with the Revised Plans, attached hereto as Exhibit B, resolving any and all claims previously submitted by any and all third. parties with respect to the Owner's plans for redeveloping the Property,, including the Approved Site Plan. Section 3. Definitions For the purposes of this Agreement, all terms shall have the definitions as found in the City's LDRs, the City's Comprehensive Plan, Florida Statutes Chapter 1 G3, or in other applicable Florida Statutes. If-any term contained herein is not defined in the City's LDRs or Comprehensive Plan, or any applicable Florida Statute., the term shall be understood by its usual and customary meaning. Section 4. Settlement of the Lawsuit Upon the- effective date of this Agreement, as provided below in Section S(Z}, the Owner shall file a notice of voluntary dismissal in the Circuit Court dismissing the Lawsuits with prejudice. The parties agree, however, that the Circuit Court shall retain jurisdiction far the purpose of enforcing. the parties' agreement to settle the Circuit Court Lawsuit and Writs of Certorari through the duration of this Agreement. Section 5. Statutory and Code Requirements for Development Agreements The parties recognize the binding effect of the Florida Local Government Development Agreement Act, Florida Statutes Sections 163.322 T, et seq, as to the form and content of this Agreement and accordance therewith set forth and agree to the following: A. Legal Description and Ownership Vista Del Mar,. LLC, a Florida Limited Liability Company, is the sole owner of the Property that is the subject of this Agreement and more particularly described in Exhibit A. The parties to this Agreement know of no other legal or equitable owners of the Property. B. Duration of Agreement The Owner shall have a period of two (2} years. from the effective date of this Agreement to obtain the first building permit and five (S} years from the effective date of this Agreement to obtain all certificates of occupancy and/or final inspections for structures on the Property as shown on the Revised Plans. This Agreement may be renewed or extended as provided herein provided the lawsuits referenced herein are dismissed. 4 C. Permitted Uses 1. The development permitted on the Property shall consist of hotel rooms with accessory uses, as depicted on the Revised Plans attached hereto as Exhibit B. 2. For the duration of this Agreement, the Parties agree that any and all of the approved redevelopment shall adhere to, conform to, and be controlled by this Agreement, the Exhibits attached hereto and incorporated herein by reference, and the City's LDRs and Comprehensive Plan which were in effect on August 8, 2Q0i, the date of the SP1tAB Approval. In the event that all or a portion of the existing. or authorized development subject to this Agreement should be destroyed by storm, f re or other. disaster, the Owner, it's grantees, successors, or assigns shall have the absolute right to rebuild or repair the affected structure(s) and reinitiate the prior approved use so long as such development is in compliance with this Agreement. 3. The following documents are attached hereto and incorporated herein by reference, showing the Property Boundary and Existing and Proposed Uses: Exhibit A: Legal Description of the Properly Exhibit B: Revised Plans 4. Applicable Density,. Intensity and Building Heights. Density and intensity shall be as provided in this Agreement and as shown on the Revised Plans attached as Exhibit B. Maximum building height shall be forty-eight (48} feet, as provided in Section 4.3.4(IK) of the City's LDRs. D. Public. Facilities 1. Fotable Water: The- City currently provides domestic potable water to the Property. 2. Electrical Service: Florida )'ower and Light Company currently provides electrica[ service to the Property. 3. Solid Waste: Waste Management currently provides solid vuaste service to the Property pursuant to its service agreement with the City. ~#. Wastewater and Sewage: The City currently performs wastewater and sewage collection and disposal on the Property. 5. Education Facilities: The redevelopment of the Property as contemplated by this Agreement will not impact education facilities. 6. Recreation Facilities: The Revised Plans include onsite recreational facilities far visitors and guests of the Property. Therefore, redevelopment of the Property will have no impact on public recreation facilities. 5 7. Stormwater: A stormwater management plan which meets all applicable local, .state and federal requirements shall be developed and maintained onsite as part of the plans to redevelop the Property. 8. Any increased impacts on public facilities or public services attributable to each unit of the proposed redevelopment of the Property, and the cost of capital improvement to meet the associated increased demand on such facilities or services, shall be assured by the Owner's payment to the City, concurrent with the issuance of the building permits for each unit, of any impact fees that are required by City's ordinances then. in effect, provided that such ordinance applies equally and uniformly to all development/redevelopment in the City. 9. Fire Protection: The Owner shall provide fire hydrants, fire sprinklers, and other such fire protection equipment as required by the City's LDRs and the City's Fire Department. E. Land DedicationlReservation The Owner is not required to dedicate or reserve any land for public purposes. F. Development Permits The following is a list of alI development permits necessary for the redevelopment of the Property as specified and requested in this Agreement: 1, approval of this Development Agreement, by which the Revised Plans, attached hereto as Exhibit B, shall be approved; 2. approval of all building and construe#ion related permits required for all structures, utilized for principal or accessory uses, land clearing, and landscaping. At any time any building permit is applied for, the Owner shall demonstrate compliance with all applicable federal, state and local disabled-access regulations in effect at the time of application, and shall pay alI required permit fees; 3. any and all required federal, state, regional, and local permits; runoff: 4. any and all required federal, state, regional, and Iocal permits for stormwater G. Finding of Consistency By entering into this Agreement, the City finds that the redevelopment of the Property in accardance with the Revised Plans attached hereto as Exhibit B is consistent with and furthers the City's Comprehensive PIan and applicable LDRs. b H. Mutual Cooperation The City and Owner agree to cooperate fully and assist each other in the performance of the provisions of this Agreement. I. Compliance with Permits and City Comprehensive Plan and LDR Provisions The redevelopment of the Property shall be developed in accordance with alI required permits and in accordance with all applicable provisions of the City's Comprehensive Plan and LD12s in effect on August 8, 2001, the date of the 2001 SP1tAB Approval. No certificate of occupancy for an individual building shall be issued until all plans for that building are approved by the City and the Owner has complied with all conditions in permits issued by the City and the other regulatory entities for that building. The City agrees that- any permits or certificates of occupancy to be issued by the City shall not be unreasonably withheld or delayed. J. Compliance With Other Permit, Terms,, Conditions, and Restrictions The failure of this Agreement to address a particular pernut, condition, term, or restriction shall not relieve Owner of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions. K. Laws Governing Agreement 1. For the duration of this Agreement, all approved development of the Property shall comply with and be controlled by this Agreement and provisions of all applicable provisions of the City's Comprehensive Plan and LDIZs in effect on August 8, 2001, the date of the 2001 SPRAB Approval. The parties do not anticipate that the City wall apply subsequently adopted Laws and policies to the Property, except as expressly provided in this Agreement. 2. Pursuant to Florida Statutes Section 1G3.3233, the City may apply subsequently adopted laws and policies to the Property only if the City holds a public hearing and determines that: a. the new laws. and .policies are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities set forth in this Agreement; b. the new laws and policies .are essential to the public health, safety, or welfare, and the City expressly states that they shall apply to the development that is subject to this Agreement; c. the City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or Owner. d. this Agreement is based on substantially inaccurate information supplied by 7 3. Tf state or federal laws enacted after the Effective Date of this Agreement preclude any party's compliance with the terms of this Agreement, it shall be modified as necessary fa comply with the relevant state or Federal laws. 4. Nothing in this Agreement shall prohibit the parties from mutually agreeing to apply subsequently adopted laws to the Property. 5. This Agreement does not and shall not be construed to waive or abrogate any rights that may have vested ar inured to the benefit of the Owner of the Property pursuant to common Iaw. L. Amendment, Renewal and Termination This Agreement may be amended, renewed, or terminated as follows: 1. As provided in Florida Statutes. Section 163.3237, this Agreement may be amended by mutual consent of the parties to this Agreement or by their successors in interest. Any amendment under this provision shall be accomplished by an instrument in writing signed by the parties or their successors. 2. As provided in Florida Statutes Section 163.3237, this Agreement may be renewed by the mutual consent of the parties, subject to the public hearing requirement in Section 163.3225, Florida Statutes and applicable LDRs. The City shall conduct at least two (2} public hearings, one of which may be held by the local planning agency at the option of the Crty. Notice of intent to consider renewal of the Agreement shall be advertised approximately seven (7) days before each public hearing. in a newspaper of general circulation and readership in Delray Beach, and shall be mailed to all affected property owners before the first public hearing. The day,. time, and place at which the second public hearing will be held shall be announced at the fast public hearing. The notice shall specify 'the location of the land subject to this Agreement, the development uses on the Property, the population densities., the building intensities and height1 and shall specify a place where a copy of the Agreement can be obtained. 3. This Agreement may be terminated by Owner or its successor(s) in interest following a breach of this Agreement by the City upon written notice to the City as provided in this Agreement, identifying, the term or condition the Owner contends has been materially breached and providing Cfty with ninety (90) days from the date of receipt of the notice to cure the breach or negotiate an amendment to this Agreement. 4. Pursuant to Florida Statutes Section 163.323.5, this Agreement may be revoked or modified by the Cfty if, on the basis of substantial competent evidence, the Cfty finds there has been a failure by Owner to comply with the terms of this Agreement and the City provides the Owner with written notice identifying the term or condition the Owner contends has been materially breached and providing City with ninety (94) days from the date of receipt of the notice to cure the breach or negotiate an amendment to this Agreement. 5. This Agreement may be terminated by mutual consent of both parties. M. Breach of Agreement and Cure Provisions 1. If the City concludes that there has been a material breach in this Agreement by the Owner, prior to revoking this Agreement, the City shall serve written notice to the Owner identifying ~e term or condition the City contends has been materially breached and providing Owner within ninety (90} days. from the date of receipt of the notice to cure the breach or negotiate an amendment to this Agreement. Each of the following events, subject to subsection 5 below, shall be considered a material breach of this Agreement: a. Failure to comply with the provisions of this Agreement; b. Failure to comply with terms and conditions of permits issued by the City or other regulatory entity for the development authorized by this Agreement. 2. If the Owner concludes that there has been a material breach in the terms of this Agreement by the City,. the Owner shall serve written notice to the City identifying the term or condition the Owner contends has been materially breached and provide the City with ninety (90) days from the date of receipt of the notice to cure the breach, ar negotiate art amendment to this Agreement. The following events, subject to subsection 5. below, shall be considered a material breach of this Agreement: a. Failure to comply with the provisions of this Agreement; b. Failure to timely process any completed application for approval or other development authorized by this Agreement. 3. If either party waives a material breach in this Agreement, such a waiver shall not be deemed a waiver of any subsequent breach. 4. Notwithstanding any other provisions of this Agreement to the contrary, neither party hereto shall be deemed to be in default. under this Agreement where delay in the construction ar performance of the obligations imposed. by this Development Agreement are caused by war, revolution, labor strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions, embargoes, litigation between the City and the Owner, tornadoes, hurricanes, tropical storms or other severe weather events, or any other causes beyond the control of such party. The time of performance hereunder, as well as the term of this Development Agreement, shall be extended for the period of any forced delays or delays caused. or resulting from any of the foregoing causes. The Owner 9 must submit evidence to the City's reasanable satisfaction of any such delay. N. Notices All notices, demands, requests, or replies provided for or permitted by this Agreement, including notificafion of a change of address, shall be in writing to the addressees. identif ed below, and may he delivered by anyone of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Services as certified or registered mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service with a signed receipt required. Notice shall be affected upon receipt. The addresses and telephone numbers of the- parties are as follows: TO OWNER: Vista Del Mar, L.L.C. 351 North Congress Avenue, Suite #142 Boynton Beach,. Florida 33426 and 105 Foulk Road Wilmington, Delaware, 19803-3740 With a copy by regular U.S. Mail to: Siemon & Larsen, P.A. 433 Plaza Real, Suite 339 Baca Raton, FL 33432 561_368-3808 TO THE CITY: David T. Harden, Ci , Manager 100 N.W. ls~ Avenue Delray Beach, FL 33444 56I-243-7U15 With a copy by Regular U.S. Mail to: Paul Dorling, Director of Planning & Zoning 100 N.W. 1 S` Avenue Delray Beach, FL 33444 561-243-7043 and Susan A. Ruby, Esq.,. City Attorney 200 NW 1st Avenue Delray Beach, FL 33444 561-243-7091 10 O. Annual Report 4n each anniversary date of the effective date of this Agreement, the Owner shall provide the City with a report identifying (1) the amount of development authorized by this Agreement that has been completed, (2} the amount of develaprnent authorized by this Agreement that remains to be completed, and (3) any changes to the plan of development that have occurred during the one (1 } year period ftarn the effective date of this. Agreement or from the date of the last annual report. P. Binding Effect This Agreement shall be binding upon the parties hereto, their successors in interest, heirs, assigns, and personal representatives. Q. Assignment This Agreement may not be assigned. without the written consent of the parties, or to other third parties with written consent, which shall not be unreasonably withheld. R. Drafting of Agreement The parties acknowledge that they jointly participated in the drafting of this Agreement and that no term or provision of this Agreement shall be construed in favor of or against either party based solely on the drafting of the Agreement. S. Severability In the event any provision, paragraph or section of this Agreementis determined to be invalid or unenforceable by a court of competent jurisdiction, such determination shaI1 not affect the enforceability or validity of the remaining provisions of this Agreement. T. Applicable Laws This Agreement shall be construed and enforced in accordance with the Florida law. U. Venue Venue for any Iegal proceeding arising out of this Agreement shall be Palm Beach County, Florida. V. Use of Singular and P1uraI Where the context requires, the. singular includes the plural, and plural includes the singular. W. Duplicate Originals; Counterparts 11 This Agreement may be executed in any number of originals and in counterparts,: alI of which evidence one agreement. Qnly one original is required to be produced for any purpose. X. Headings The headings contained in this Agreement are for identification purposes only and shall not be construed to amend, modify, or alter the- terms of this Agreement. Y, Entirety of Agreement This Agreement incorporates or supersedes ail prior negotiations, correspondence, conversations, agreements, or understandings regarding the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subjects covered by this Agreement that are not contained. in or incorporated into this document and, accordingly, no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether written or oral. This Agreement contains the entire and exclusive understanding and agreement among the parties and may not be modified in any manner except by an instrument in writing signed by both parties. Z. Recording; Effective Date The Owner shall record this Agreement in the Public Records of Palm Beach County, Florida, within fourteen (14} days after the date the last party signs this Agreement. A copy of the recorded Agreement showing the date; -page and book where recorded shall be submitted to the state land planning agency at the Department of Community Affairs, Division of Community Planning, 2555 Shumard Oak Boulevard, 'T`allahassee, Florida 32399-2100 by hand delivery or, by registered or certified United States mail, or by a delivery service that provides a signed receipt showing the date of delivery, within fourteen (14) days after the Agreement is recorded and received by the Owner or its agents. The Owner shall also provide a copy of the recorded Agreement to the City at 100 N W 1st Avenue, Delray Beach, Florida 33444, within the same time period. This Agreement shall become effective thirty (30) days after the date the state land planning agency receives its copy from the City, as required by Florida Statutes Section 380.Q552(9) IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year below written. Signed, sealed, and delivered. in the presence of: ]SIGNATURE PAGES TO FOLLOW] T2 WITNESSES: Signature Name: Signature Name: STATE OF FLORIDA COUNTY OF PALM BEACH OWNER: VISTA DEL MAR, L.L.C. By: Manager/Member Print Name: The following., instrument was acknowledged before me on this day of , 2008, by as ManagexlMember of Vista Del Mar, LLC, who is personally known to me or who produced as identification, and who did/did not take an oath. Notary Public, State of Florida At Large My commission e~pir~s: On the day of 2008, the City Commission of the City of Delray Beach approved this Agreement by ReSalution No. ATTEST: City CIerk CTTY OF DELRAY BEACH, FLORIDA By: APPROVED A5 TO LEGAL FORM AND SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF DELRAY BEACH,. FLORIDA ONLY -Rita Ellis, MAYOR 13 Exhibit "A" Legal Description Lots 6, 7, 8, 9, and 10; Block 7, OCEAN PARK, according to the Plat thereof, recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach County, Florida. Excepf the West 2 feet $ inches of Lofs $, 9, and 10, Block 1, deeded fo Cify of Delray Beach for street purposes; and also except that part of Lofs fi and 7 lying Easf of thaf cerfain line as shown upon Map enfifled "Plaf of Survey for Establishing a Line fo Serve in the Place- of fhe West Boundary Line of Ocean Boulevard in Fracfional Secfion 16, Township 46 Soufh, Range 43 Easf, Delray Beach, Palm Beach Counfy, Florida" as recorded in Plat Book 20, Page 4, Public Records of Palm Beach Counfy, Florida. U W H ~ 2 a> U ~ a . o ~ d a _ ~"'1 r-^~~ ~LJ . r..+ r^^~ll ~L/ O x E-~ W N ~ ~ ~ ~ Q a O w ~ ~ w _ ~ ~ a` U~ i ~i,l I ~-; 'I ~I!I I~ ~; ~'' W', ~,I'~, P ~'' ~ ~ I ~ ~~'~, W ~,~ ~~ c~ Q • r.., r~ '~.,,,~ O x U W ~_ N = d U ~ a d . o a o c~ ~ a- ~, o ~ R Q a O '^ ~ ~ a • Y_ W L N. 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Harden, City Manager DATE: October 14, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 ORDINANCE N0.41-08 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This item is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3, "Submission Requirements", Subsection 2.4.3(B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; Amending Section 4.6.8, "Lighting", to revise and clarify requirements for on-site lighting. BACKGROUND At the first reading on October 7, 2008, the Commission passed Ordinance No. 41-08. RECOMMENDATION Recommend approval of Ordinance No. 41-08 on the second and final reading. ORDINANCE NO. 41-08 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 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3 (B), "STANDARD PLAN ITEMS" AND SUBSECTION 2.4.3(M), "CREDENTIALS FOR PREPARATION OF CERTAIN SUBMISSION ITEMS"; AMENDING SECTION 4.6.8, "LIGHTING", TO REVISE AND CLARIFY THE REQUIREMENTS FOR ON-SITE LIGHTING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 18, 2008, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and 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 2.4.3, "Submission Requirements", Subsection 2.4.3(B), "Standard Plan Items" 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: (B) Standard Plan Items: The following items shall be included as a part of any plan submission which requires formal action. These include, but are not limited to: a site and development plan, landscaping plan, preliminary engineering plans, or master (concept) plan. (1) The survey, site plan, landscaping plan, preliminary engineering plans, tree survey, photometric plan, irrigation plan, (excluding architectural elevations and floor plans, which shall utilize an architect's scale) shall be at the same scale. Acceptable scales shall include 1"=10'; 1"=20' or 1"=30'. The size and location of structures, landscape areas, and other features shall be dimensioned. (2) A title block which shows: the project name, the scale, the date of the drawing, revision numbers and revision dates (revised drawings which do not have revision numbers and dates shall not be accepted), page numbers, name of what is being presented (e.g. landscaping, paving and drainage, etc.), and the name of firm or individual who prepared the drawing. (3) A north arrow and a location map inset. (4) The perimeter of the property described pursuant to the legal description contained in the submitted warranty deed. (5) The center line of the right-of--way of any adjacent street with the basis of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk; and the identification of any improvements located between the property and any adjacent street. (6) The approximate location of intersecting lot lines of adjacent parcels and the approximate location of the nearest structures and/or significant improvements on those parcels. (7) The location of the nearest driveway or point of access of adjacent properties (including property across a street, which shares a common street with the subject property). If there are no driveways within 50', then they do not need to be shown; however, a note to this situation shall be provided. (8) The approximate location of aboveground and underground utilities including water, sewer, drainage, power, gas, telephone, and cable television; poles and guy wires; transformer boxes, etc. The plan shall identify the disposition of all such existing utilities. (9) The location of any other significant features, including vegetation and all trees which have a diameter of four inches (4") or greater, measured at 4.5' above grade; water bodies and water courses; and other improvements. The plan shall identify the disposition of all such items. A separate tree survey may be required. If so, it shall be at the same scale as the site plan. 2 ORD. N0.41-08 NOTE: Items required in (8) and (9) may be shown on one separate plan or survey sheet, and then only those items which are proposed to be incorporated with the proposed development need be shown on the site plan. (10) The location of all proposed structures with setbacks dimensioned from the closest property lines. (ll) The intended use of each structure. This may be accommodated directly on the drawing or by referencing the structures by letter and providing a chart. (12) The paths of ingress and egress for vehicles and pedestrians onto and through the site. Traffic flow shall be indicated with arrows. Standard Manual of Uniform Traffic Control Devices (MLTTCO) symbols shall be used to show control devices and pavement markings. A separate flow control plan may be required. (13) The location of parking areas and loading zones (areas). The number of parking spaces shall be shown on the plan. The plan shall show typical dimensions of parking spaces, landscape islands, and traffic aisles for each type of parking space which is provided. In addition, a detail showing parking space striping, space sizing, and method(s) of providing wheel stops shall be provided. (14) The manner in which all utility services are to be provided to the site and to individual structures on the site. (15) The location of any buffers, fencing, walls. A sketch of the type of such feature shall be provided. (16) The location of proposed signing with an indication of proposed height and dimensions. Note: Sign approval is not a part of a site plan approval.) (17) A photometric plan showing a preliminary lighting layout including the location of all proposed lighting fixtures shall be provided for all development. A picture or sketch of the li~htin~ fixture including height and a lighting coverage exhibit is required. This shall include details of wallpack lighting and freestanding lights both proposed and existing. The plan shall show maximum photometric calculation patterns which shall not exceed ten feet spacings. Calculations shall include the avera~e_ minimum and maximum foot-candles. average to 3 ORD. N0.41-08 minimum ratio and maximum to minimum ratio on the site. Plans shall be signed and sealed a licensed professional knowledgeable in lighting design. (18) The proposed location for solid waste disposal facilities. A note or detail shall be provided which identifies the height of required enclosures, the type of gating, and the type of materials to be used for the enclosure. (19) The location of all landscape areas and an indication of the type of vegetation (trees, shrubs, hedges, groundcover) which is to be provided therein. (20) Spot elevations showing changes of elevations of not more than two (2'), existing and proposed, throughout the site and at a distance ten feet into adjacent property. Additional spot elevations and/or a topographic plan may be required. (21) The F.E.MA. Flood Plain designation for the property, the base flood elevation, and a statement as to how provisions of the Flood Damage Regulations (Section 4.5.4) will be met. (22) If project phasing is proposed, such phases shall be clearly shown on the plan and a narrative describing the phasing program shall be provided. (23) A completed "Project Data" sheet. Zoning Department and shall be unique to commercial, industrial, residential). This sheet shall be available at the Planning and different types of development activity (i.e. (24) Plans which are submitted for formal action shall be stamped with a raised seal and signed by the preparer. [See Section 2.4.3 (M)] Section 3. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items" 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: (M) Credentials for Preparation of Certain Submission Items (1) Plans to Be Certified: The following submissions are to be signed and sealed by the profession which is so authorized by Florida Statutes, (Board of Professional Regulation): (a) Boundary Survey by a licensed surveyor or registered engineer; (b) Traffic statement or study by a registered engineer; 4 ORD. N0.41-08 (c) A landscape plan by a registered landscape architect; (d) A site plan by a registered architect, a landscape architect, or registered engineer; (e) Preliminary and Final Engineering Plans by a registered engineer (f1 Photometric plans shall be signed and sealed by a licensed professional knowledgeable in lighting design. (2) Exceptions: (a) General: Exceptions to the above sign and seal requirement include the preparation of plans, when allowed, by owners and others, who are not registered professionals, pursuant to Florida State Statute. (b) Site Plans: A site plan to be recorded (certified as meeting conditions of approval) must be signed and sealed without exception. A site plan submission which is to be considered through the formal site plan review process shall be signed and sealed when the site planning involves the application of drainage, landscaping principles, building relationships, and traffic flow concepts. However, the Director may accept a site plan prepared by an owner, or other person, when the site plan is considered as a preliminary submission or when the essence of the review is to evaluate compliance with code requirements as opposed to application of design principles to the proposed development. Section 4. That Section 4.6.8, "Lighting", 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: 5 ORD. N0.41-08 Section 4.6.8 Lighting For All Developments: All developments/redevelopments are encouraged to utilize enemy efficiency lighting. Artificial lighting used to illuminate premises shall be directed in such a way to minimize light spillover on adjacent properties and reduce urban lg ow. . In eg neral any lighting requirements not covered by this section should follow the standards in the latest edition of ASHRAE/IESNA related to Exterior Lighting. When lighting is proposed within the vicinity of the beach it shall comply with all other City of Delray Beach Code Sections, including, but not limited to, Section 91.51 (Sea Turtles) which requires that all lighting shall be screened or shielded so that the light is not visible from the beach. In addition, the following standards shall be adhered to: (A) General Requirements: (1) Luminaries ~e Height: ' The following chart indicates maximum heights allowed for luminaries. Table 1 Buildings and Structures Parking Lots Residential Industrial Commercial Parking Structure Top Floor S 25' or eave overhang which ever is lower 25' 25' 25' 15' if within 20' of structure edge 20' if greater than 20' from structure edge Per IESNA latest edition (2) Cutoff Luminaire Required: All perimeter exterior li~htin~ shall be full cutoff luminaries to minimize spillover on adjacent properties. In order to decrease urban flow no luminaries shall be directed upwards. ~i~2~??~rcE2'S•`scci~t6~cE`pz~-'r~liiiir~F6ixir°ccrt6 *~e 6 ORD. N0.41-08 (3) Illumination Standards: The following illumination standards shall be adhered to: Table 2 Outdoor Li~htin~ Max Min Max/Min Average/Min IIl~ivniHntinH IIl~ivniHntinH (ft-candles) (ft-candles) Buildings and Structures Accent pathway 5.0 2 0_5 Building Entrance 10.0 1.0 - 3:1 Landscape Lighting 5_0 Canopies, Drive-Thru & 30.0 3_0 10:1 2.5:1 Overhangs Parking Lots Multi-Family Residential 4.0 0.3 13:1 Commercial & Industrial 12.0 1.0 12:1 Parking Garages/Structures Parking Area 10 1_0 10:1 Ramps -Day 20 2_0 10:1 Ramps -Night 10 1_0 10:1 Entrance Area- Day 50 5.0 10:1 Entrance Area -Night 10 1_0 10:1 Stairways 5.0 2.0 10:1 Specialty Lighting Golf Courses, Outdoor Entertainment, Parks Refer to latest edition of IESNA Other Lighting Tvnes Outdoor Display other than Vehicle Sales & Rental Outdoor display associated with Vehicle Sales & Rental 15 1 1_0 15:1 Refer to LDR Section 4.4.10 (G~6) 3:1 4_1 Handbook 4:1 7 ORD. N0.41-08 Notes: 1) The first row closest to public rights-of--way of display outdoor sales may be increased to a max of 20 foot candles. 2) Fully shielded bollards not greater then 42 inches in hei hg t may be permitted up to a max of 20 foot candles. (4) Night Hours Reduction and Security: ., Full cutoff luminaries shall be used for all security lighting and dusk-to-dawn area lighting. Outdoor illumination, including areas used for outdoor sales and display, eating=parkin, assembly, service of equipment and freight, loading and unloading, repair, maintenance, commercial activities and industrial activities shall not continue after 11:00 pm, or more than one hour after active use of the area ceases, whichever is later, except for security lighting. Security lighting shall be required for all active entrances to buildin~parkin~ lots and access to buildings or parking lots. All security lighting shall maintain lighting levels as indicated in Table 1 and shall operate from dusk until dawn. No outdoor recreational facility shall be illuminated after 11:00 pm except to conclude a scheduled or sanctioned recreational or sporting event by City of Delray Beach or other authorized agency in pro rg ess prior to 11:00 pm. The luminaries shall be extin uig shed after outdoor recreational events are completed and the site has been vacated. Exceptions would include recreational facilities that are oben to the bublic on a 24 hour basis (B) Requirements for Outdoor Parking Areas and Commercial Sites: (1) Standards: The complete installation of the area lighting system shall comply with applicable local codes and ordinances and meet the recommended illumination levels and uniformity ratios of the Illuminating Engineering Society of North America (LE.S.), as set forth in this specification. The responsibility for performance to this specification, in its entirety, cannot be split up among individual suppliers of components comprising the system, but must be assumed solely by a single supplier. (2) Testing: Upon completion of installation, the system shall be subject to inspection by the City Engineer, at his discretion, to determine compliance with criteria set forth herein. Computer verification shall be made available upon his request. (3) Design Criteria: (a) General: In determining a lighting design, consideration shall be given to the architectural and environmental aspects of the facility it is to serve. This consideration shall be instrumental in determining type of fixture mounting height, and light source. 8 ORD. N0.41-08 (b) Light Control and Spillage: ~~ ~~ > > > > g~e~e~ For perimeter exterior li~htin~, only cutoff luminaries will be approved. The applicant is encouraged to minimize light spilla e~ from building and site and to reduce urban-flow for the development/redevelopment proposed. Maximum allowable illumination at the property line of any adjoining parcel or public right-of-way is 0.25 horizontal and vertical foot-candles measured at six feet above grade level. ORD. N0.41-08 Street Light Requirements Street li hg t requirements for public rights-of-way shall meet the requirements of the City's Street Light Polio Temporary Lighting Lighting classified as temporary lighting for public festivals, celebrations and the observance of holidays are exempt from this section. Deviations Lighting may vary from this Section to the extent necessary to comply with specific State requirements, i.e., increased intensity required for automatic bank teller areas, etc. 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. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. 10 ORD. N0.41-08 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST City Clerk First Reading Second Reading MAYOR 11 ORD. N0.41-08 MEMORANDUM T0: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 25, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF OCTOBER 7, 2008 ORDINANCE NO. 41-08 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION By motion, approve the amendment to Land Development Regulations Section 2.4.3, "Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, "Lighting", to revise and clarify the requirements for on-site lighting, 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). BACKGROUND The purpose of the proposed amendment is to provide clarification of the on-site lighting standards in the City and to revise the required illumination levels to be more consistent with those of Palm Beach County. The increased illumination levels will also provide for increased safety. Complete discussions of the proposed changes are outlined in the attached Planning and Zoning StafF report. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) on August 6, 2008 recommended approval of the proposed text amendment. The Downtown Development Authority (DDA) on August 11, 2008 recommended approval of the proposed text amendment. The West Atlantic Redevelopment Coalition (WARC) on August 13, 2008 recommended approval of the proposed text amendment. The Community Redevelopment Agency (CRA) on August 14, 2008 recommended approval of the proposed text amendment. The Board did however question the need to increase the required lighting levels in the City at the cost of greater energy expenditure. The Board made several other suggestions that have been incorporated into the proposed Ordinance. The Planning and Zoning Board voted 4 to 0 on August 18, 2008 to recommend approval. RECOMMENDATION By motion, approve the amendment to Land Development Regulations Section 2.4.3, "Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection http://miweb001/Agendas/Bluesheet.aspx?ItemID=1510&MeetingID=153[10/14/2008 12:42:44 PM] 2.4.3(M), ~~Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, ~~Lighting", to revise and clarify the requirements for on-site lighting, 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). http://miweb001/Agendas/Bluesheet.aspx?ItemID=1510&MeetingID=153[10/14/2008 12:42:44 PM] PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: AUGUST 18, 2008 AGENDA NO: IV.E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR) SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3 (B), "STANDARD PLAN ITEMS" AND SUBSECTION 2.4.3(M), "CREDENTIALS FOR PREPARATION OF CERTAIN SUBMISSION ITEMS"; AND AMENDING SECTION 4.6.8, "LIGHTING". ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City-initiated amendment to Land Development Regulations (LDRs) to revise and clarify the requirements for on-site lighting. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS The purpose of the proposed amendment is to provide clarification of the on-site lighting standards in the City and to revise the required illumination levels to be more consistent with those of Palm Beach County. The increased illumination levels will also provide for increased safety. The amendment includes the following: • Clarifies the submittal requirements for photometric plans; • Adds language to prevent light spillover on adjacent properties and reduce urban glow; • Adds language to reduce the impact of lighting within the vicinity of the beach on Sea Turtles; • Adds lighting requirements for the top floor of parking structures; • Modifies the illumination standards to add lighting requirements to areas other than parking lots and to be more consistent with those of Palm Beach County; • Modifies the requirements for security lighting; • Adds requirements for street lights in public rights-of-way; • Addresses the requirements for temporary lighting for public festivals, celebrations and the observance of holidays; and • Adds a section for "Deviations" Planning and Zoning Board Meeting, August 18, 2008 LDR Amendment - On-Site Lighting REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS The following advisory boards reviewed the proposed amendment and made the following recommendations to the City Commission: The Pineapple Grove MainStreet on August 6, 2008 recommended approval of the proposed text amendment. The Downtown Development Authority (DDA) on August 11, 2008 recommended approval of the proposed text amendment. The West Atlantic Redevelopment Coalition (WARC) on August 13, 2008 recommended approval of the proposed text amendment. The Community Redevelopment Agency (CRA) on August 14, 2008 recommended approval of the proposed text amendment. The Board did however question the need to increase the required lighting levels in the City at the cost of greater energy expenditure. The Board made several other suggestions that have been incorporated into the proposed Ordinance. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations Section 2.4.3, "Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, "Lighting", to revise and clarify the requirements for on-site lighting, 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). 2 Planning and Zoning Board Meeting, August 18, 2008 LDR Amendment - On-Site Lighting C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations Section 2.4.3, "Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, "Lighting", to revise and clarify the requirements for on-site lighting, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations Section 2.4.3, "Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, "Lighting", to revise and clarify the requirements for on-site lighting, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). attachment: ^ proposed ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 14, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 ORDINANCE N0.46-08 ITEM BEFORE COMMISSION This item is before Commission for second reading and second public hearing for a City initiated rezoning from RM (Residential Medium Density) in part and OSR (Open Space Recreation) in part to CF (Community Facilities) fora 3.64 acre parcel located on the south side of S.W. 6~' Street, west of Auburn Avenue and east of Catherine Strong Park. BACKGROUND At the first reading on October 7, 2008, the Commission passed Ordinance No. 46-08. RECOMMENDATION Recommend approval of Ordinance No. 46-08 on the second and final reading. ORDINANCE N0.46-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDNM DENSITY RESIDENTIAL) AND OSR (OPEN SPACE AND RECREATION) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE SOUTH SIDE OF SW 6TH STREET AND WEST OF AUBURN AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2007, as being zoned RM (Medium Density Residential) and OSR (Open Space and Recreation) District; and WHEREAS, at its meeting of September 15, 2008, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: A parcel of land being comprised of a portion of Tract B, Auburn Trace, according to the plat thereof as recorded in Plat Book 64, Pages 184 through 186 of the Public Records of Palm Beach County, Florida. Together with a portion of the West one-half (W ~/z) of Lot 18, of the Subdivision of Section 20, Township 46 South, Range 43 East, Pam Beach County, Florida as recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida. Being more particularly described as follows: Beginning at the Northwest corner of said Tract B; thence North 89 ~ 43' 47" East (as a basis of bearings) along the North line of said Tract B, a distance of 296.10 feet; thence South 00 ~ 16' 13" East, a distance of 269.50 feet to the point of curvature of a circular curve to the right; thence southwesterly along the arc of said curve having a radius of 20.00 feet, a central angle of 90 ~ 00' 00" and an arc length of 31.42 feet; thence South 89 ~ 43' 47" West, a distance of 76.25 feet to the point of curvature of a circular curve to the left; thence southwesterly along the arc of said curve having a radius of 20.00 feet, a central angle of 90 ~ 00' 00" and an arc length of 31.42 feet; thence South 00 ~ 16' 13" East, a distance of 27.00 feet to the point of curvature of a circular curve to the right; thence southwesterly along the arc of said curve having a radius of 20.00 feet, a central angle of 90 ° 00' 00" and an arc length of 31.42; thence South 89 ~ 43' 47" West a distance of 160.54 feet to a point being on the west line of said Tract B, also being the East line of the West one-half of said Lot 18; thence South 00 ~ 09' 33" East along said West line, a distance of 315.14 feet to the southwest corner of said Tract B, also being the southeast corner of the West one-half of said Lot 18; thence South 89 ~ 29' 23" West along the South line of the West one-half of said Lot 18, a distance of 66.49 feet; thence North 00° 16' 13" West, a distance of 356.67 feet; thence South 89~ 43' 47" West, a distance of 16.33 feet; thence North 0016' 13" West, a distance of 72.15 feet; thence South 89 ~ 43' 47" West, a distance of 8.00 feet; thence North 00 ~ 16' 13" West, a distance of 64.33 feet; thence South 89 ~ 43' 47" West, a distance of 63.58 feet; thence North 00 ~ 16' 13" West, a distance of 57.50 feet; thence South 89 ~ 43' 47" West, a distance of 8.00 feet; thence North 00 ~ 16' 13" West, a distance of 96.50 feet to a point being on a line lying 24.77 feet South of and parallel with (as measured at right angles) the North line of the West one-half of said Lot 18; thence North 89 ~ 43' 47" East along said parallel line, a distance of 163.66 feet to a point on the East line of the West one-half of said Lot 18, also being the West line of said Tract B; thence North 00~ 09' 33" West along said East line a distance of 24.77 feet to the Point of Beginning. Said land situate, lying and being in Palm Beach County, Florida. Containing 158,288 square feet more or less. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 46-08 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 this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. ATTEST MAYOR City Clerk First Reading Second Reading ORD NO. 46-08 MEMORANDUM T0: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 29, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF OCTOBER 7, 2008 ORDINANCE NO. 46-08 ITEM BEFORE COMMISSION Consideration of a city initiated rezoning from RM (Residential Medium Density) in part and OSR (Open Space Recreation) in part to CF (Community Facility) fora 3.64 acre parcel located on the south side of SW 6th Street, west of Auburn Ave. and east of Catherine Strong Park. BACKGROUND The subject property contains approximately 3.64 acres and is made up of Track ~~B" of the Auburn Trace Subdivision (2.25 acres) and a portion of the adjacent Catherine Strong park property (1.39 acres). The subject property is owned by the City of Delray Beach; a portion contains a parking lot utilized for Catherine Strong Park, which is to be shared with the Head Start facility, along with a portion previously utilized as a water retention area for the adjacent Auburn Trace development. The proposed rezoning is being sought in order to accommodate development of a future community facility to house the 19,000 sq. ft. Head Start building to be constructed by Palm Beach County. At its meeting of September 15, 2008, the Planning and Zoning Board held a public hearing in conjunction with the CF rezoning request. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (Mr. Joseph Pike, and Mr. John Miller absent), to recommend approval of the rezoning request to the City Commission, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Additional background information and full analysis of the proposal can be found in the Planning and Zoning Board staff report dated September 15, 2008. RECOMMENDATION Approve on first reading Ordinance 46-08 rezoning the 3.64 acres from RM (Residential Medium Density) in part and OSR (Open Space Recreational) in part to CF (Community Facilities), by adopting the findings of fact and law contained in the staff report, and finding http://miweb001/Agendas/Bluesheet.aspx?ItemID=1517&MeetingID=153[10/14/2008 4:55:11 PM] that the request and approval thereof is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations, with second reading to occur on October 21, 2007. http://miweb001/Agendas/Bluesheet.aspx?ItemID=1517&MeetingID=153[10/14/2008 4:55:11 PM] PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 15, 2008 ITEM: A City initiated rezoning for the Head Start building and a portion of Catherine Strang Park involving Track B of the Auburn Trace Subdivision. The proposed rezoning is from RM {Residential Medium Density) in part and OSR (Open Space Recreational) in part to CF (Community Facility). GENERAL DATA: Owner 1 Applicant ................. City of Delray Beach Agent ....................... ......... Mr. David Harden Location ....................... ........... Located on the west side of Auburn Avenue. Property Size ............... ........... 3.64 acres Future Land Use Map .. ........... MD (Medium Density} Zoning Designation ...... ........... RM (Residential Medium Density)IOSR (Open Space and Recreation) Adjacent Zoning......... North: CF {Community Facility) East: RM (Multiple 1=amity Residential) South: LI (Light Industrial) West: OSR (Open Space Recreational) Existing Land Use ........ ........... Vacant Proposed Land Use ............... Community Facility 1 Head Start Building Water Service .............. ........... Water service will be provided via a service lateral connection to the existing 8" main located along the west side of Auburn Avenue r-o-w. Sewer Service ........................ Sewer service will be provided via a service lateral connection to the existing 8" main that traverses (north to south) the Carver Recreation Facility - Village Academy located to the north of the subject property. _. ~ ..; =~ ITEM BEFORE THEi BOARD`, :' "' .._ ..... _ ~:: The action before the Board is that of making a recommendation to the City Commission on a City initiated rezoning from RM {Multiple Family Residential -Medium Density) in part and OSR {Open Space Residential} in part to CF (Community Facility), #or a proposed 19,000 sq. ft. building and associate parking to house the Head Start program pursuant to LDR Section 2.4.5{D). The subject property is located on both the (2.5 acres) western portion of Track "B" of the Auburn Trace subdivision, and the {1.39 acres) eastern portion of Catherine Strong Park on the west side of Auburn Avenue. Pursuant to Section 2.2.2(E} (6} of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property contains approximately 3.64 acres and is made up of Track "B" of the Auburn Trace Subdivision (2.5 acres) and a portion of the adjacent Catherine Strong park property {1.39 acres). The subject property is owned by the City of Delray Beach, a portion of which was used in the construction of the Catherine Strong Park and a portion previously utilized as water retention area for the adjacent Auburn Trace development. The balance of the retention area located to the east of the property occupies approximately 2.77 acres and will continue to be used as dry detention and a retention pond by the Village at Delray multiple family development to the east and by the City as identified in Exhibit "A". The proposed rezoning is being sought in order to accommodate development of a future community facility to house the 19,000 sq. Head Star building. This rezoning request is now before the Planning and Zoning Board for action. ~- " g` ..O J E T D E S C;RLP~FT 10=[~ The subject property is currently zoned partly RM (Multiple Family Residential -Medium Density) and OSR (Open Space Recreational). The proposal is to change the zoning designation of the 3.64-acre property from RM (Multiple Family Residential -Medium Density} and OSR (Open Space Recreational to CF (Community Facility}. Pursuant to the LDR Section 4.4.21(B)(4), within the CF zoning district, services, such as: child care centers and day care centers, are permitted uses. Child care centers are conditional uses and are not currently allowed under the current RM zoning designation, and thus, a rezoning to CF is being requested. Pursuant to Table L-7, Zoning Districts and Future Land Use Map Categories of the Comprehensive Plan, it is noted that the proposed CF zoning designations (Community Facility) is consistent with all underlying land use map designations including the existing MD (Medium Density) and CF {Community Facility) designation. ZONING ANAt_YSIS ~;' --°= _._~:-~ REQUIRED FINDINGS. (Chapter 3) Pursuant to Section 3.1.'I (Required Findings), prior to the approval of development applica#ions, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Planning and Zoning Board Staff Report -Meeting of September 15, 2008 Proposed Building for the Head Start Program -Rezoning Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (PLUM) designation of MD {Medium Density 5-'12 dulac) in part and CF (Community Facility) in part and is currently zoned RM {Residential Medium Density) in part and OSR (Open Space Recreational) in part. The proposed CF zoning designation (Community Facility) is consistent with the MD and CF Future Land Use Map designations. The proposal is to establish a Head Start program to be operated by Palm Beach County. Pursuant to the LDR Section 4.4.21(B){4), within the CF zone district, services, such as: child care centers and day care centers, are permitted uses. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-'I of the adopted Comprehensive Plan of the City of Delray Beach. The development proposal is to build a ~ 9,000 sq. ft. building to accommodate a Head Stark program to be operated by Palm Beach County. This facility will not have a negative impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. White specific findings will be made with future development approvals of the site plan following is a brief discussion as it relates to the rezoning. Water and Sewage: • Water service will be provided via a service lateral connection to the existing 8" main located along the west side of Auburn Avenue r-o-w. • Sewer service will be provided via a service lateral connection to the existing 8" main that traverses {north to south) the Carver Recreation Facility -Village Academy located to the north of the subject property. • Fire suppression is provided by a fire hydrant which is located across the street on the east side of the property within the Auburn Avenue right-of-way. However, additional fire suppression may be required and provided via installation of fire hydrants on site at the entrance to the Head Start property and parking lots. Pursuant #o the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standards. Streets and Traffic: There is adequate capacity on the surrounding roadway network to accommodate the additional trips that may be generated by the Head Start facility and therefore a positive finding can be made with respect to this level of service standard. 2 Planning and Zoning Board Staff Report -Meeting of September 15, 2008 Proposed Buitding for the Head Start Program -Rezoning Parks and Recreation Facilities: 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. The proposed Head Start program will fulfill a need as identified by the supporting Objectives and Policies of the Comprehensive Plan and will provide the desired level of service for day care center and other social services as required for the community. Solid Waste: The proposal calls for construction of a 19,000 sq. ft. Head Start building. Trash generated each year by the proposed 19,000 sq. ft. building will be equivalent to 101.65 tons of solid waste per year [19,000 sq. ft. x 10.7 lbs. = 203,300 Ibs.12,000 = 101.65 tons]. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals til! the year 2021, thus a positive finding with respect to this level of service standard can be made. Zoning Consistency and Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Consistency: A finding of overall consistency may be made even though the action will be in conflict with same individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project {hence compliance with some standards) outweighs the negative impacts of identified points of conflict. Section 2.4.51(D) {5)_(Rezoning Findings): Pursuant to Section 2.4.5{D) (5) (Findings), in addition to provisions of Chapter 3, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. Tha# the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The requested zoning if of similar intensity as allowed under the Future Land Use Map and is more appropriate for the property based upon the circumstances particular to the site and the neighborhood. The applicant is requesting a rezoning from Residential Medium Density (RM} in part and Open Space Recreational (OSR} in part to Community Facility {CF} in order to build a 19,000 sq. ft. building to accommodate the Head Start program. As part of the Southwest Area Neighborhood Redevelopment Plan this area is identified as, "The Village Centel". This area calls for the expansion of community based facilities including but not limited to an expanded Village Academy, new administrative and community service centers and new Head Start and Boys and Girls Club facilities. This rezoning helps facilitate this redevelopment goal. 3 Planning and Zoning Board Stat Report _ Meeting of September 15, 2008 Proposed Building for the Head Start Program -Rezoning Objective A-1 of the Future Land Use Element of the Comprehensive Plan states that property shall be redeveloped in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills remaining land use needs. The Carver Park residential development and Village Academy are located to the north of the subject property and are zoned Single Family Residential (R-1-A) and Community Facility (CF) respectively. The Village at Delray and Village Square multiple family residential developments will be built to the east of the subject property. The Boys and Girls Club abuts the subject property to the southwest and is zoned OSR {Open Space & Recreation}. A CF zoning designation would be complimentary to these surrounding uses. The proposed development will be compatible with the surrounding area and the neighborhood and will fulfil the development directions called for in the redevelopment plan. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(D) (5) (Rezoning Findings} Section 3.2.2 !Standards for Rezonina Actions): Standards A, B, C, and E are not applicable. The applicable perFormance standards of Section 3.2.2 are as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the subject property: Zonin Deli nation: Use: Norfh: Community Facilities (CF) Carver State Village Academy, Recreational Facili Soufh: Light Industrial {LI} Warehouse, Distribution, Office Structure East: Multiple Family Residential -Medium Densi {RM 1suture site of Village at Delray Multiple Famil Residential Develo ment West: O en S ace Recreational {OSR) Catherine Stron Park The Auburn Avenue area and the Village Center corridor contain a mix of uses including multiple family residential developments, school, park, and other community facilities. The proposed development is considered compatible with each of the surrounding land uses. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan, and is more specifically included within sub-area #3 and is known as "The Village Center". This sub-area extends from SW 3`~ Street to S.W. 10th Street. The Agencies currently based within the Village Center corridor include the Village Academy, the Boys and Girls Club, the Delray Beach Housing Authority, and other service providers. The Southwest Area Neighborhood Redevelopment Plan recommends that sub-area #3 (the Village Center} be redeveloped to create a seamless service network linking education, social, and recreation services and facilities to meet the needs of the southwest area neighborhood. The proposed development will further these goals and will improve the safety of the area as well as its long term stability. 4 Planning and Zoning Board Staff Report-Meeting of September 75, 2008 Proposed Building for the Head Start Program -Rezoning Based upon the above, positive findings can be made with respect to LDR Section 3.2.2 (Standards for Rezoning Actions). COMPREHENSIVE PLAN POLICIES; A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Housinp Element Policy A-72.3: !n evaluating proposals for new developmenf or redevefopmenf, the Cify shat! consider fhe effect that the proposal will have on the sfability of nearby neighborhoods. Factors such as noise, odors, dust, frafflc volumes and circulation patterns shall be reviewed in ferms of their pofential to negatively impact fhe safety, habitability and sfability of residential areas. if it is defermined fhaf a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Carver Park residential development abuts the subject property to the northwest across S.W. 6tn Street and is zoned Single Family Residential (R-1-A). The Arnold Industrial Condominium are located south of the subject property and are zoned Industrial {I). The Boys and Girls Club abuts the subject property to the west and is zoned OSR (Open Space & Recreation). The Village Academy School abuts the property to the north and the new multifamily uses are proposed on the property to the east. The development will not increase noise, odor, or dust. Based upon the above, the proposed development will not negatively impact the stability of the adjacent residential areas and will accent the service uses of the southwest area neighborhood, and thus, positive findings can be made with regard to Housing Element Policy A-12.3. Future Land Use Element Objecfive A-7: Property shall be developed or redeveloped in a manner so that fhe future use arad intensity is appropriate and complies in terms of soil, fopographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed development is considered compatible with each ofi the surrounding land uses and shall be adequately buffered from the adjacent properties. Based upon the above, no compatibility issues wil[ exist between the proposed development and the surrounding land uses and positive findings can be made with regard to Future Land Use Element Objective A-1. Transportation Elem_enf Policy D-2.2: Bicycle parking and facilities shall be required on all new developmenf and redevefopmenf. During the site plan evaluation process the development proposal will be required to accommodate a bicycle parking #acility in close proximity to the main entrance of the building. __ R~1LtEW BY OTHERS- == , The development proposal is located within the geographical area requiring review by the CRA (Community Redevelopment Agency). Community Redevelopment Agency At its meeting of August 28, 2008, the CRA Board reviewed and recommended approval of the proposed rezoning. 5 Planning and Zoning Board Staff Report -Meeting of September 15, 2008 Proposed Building for the Head Start Program -Rezoning Courtesy Notices: A special courtesy notice was provided to the following Homeowners and Civic Associations: ^ Ms. Bunny Elrod ^ Mr. Nick Simeus ^ Neighborhood Advisory Council ^ Dorothy Ellington, Delray Beach Housing Authority Public Notice: Formal public notice has been provided 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. __ .. _ ,. ~-- ASSE-S~MENT AND .GQNCLUS{ON= ~ : ' ~. The proposed rezoning from RM in part and OSR in part to CF is consistent with the goals, objectives andlar policies of the City's Comprehensive Plan, LDR Sections 2.4.5(D} (5}, 3.1.1 {Required Findings), and 3.2.2 (Standards for Rezoning}. The rezoning helps accomplish the relocation of the service use (Head start program} consistent with the Village Center concept identified in the Southwest Neighborhood Redevelopment Pkan. Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. With respect to LDR Sections 2.4.5(D} {5) and 3.2.2 {D), the proposed rezoning of the subject property to CF is appropriate. The subject property is located within an area containing residential area, school facility, the Boys and Girls Scout building and Catherine Strong park and recreational facilities. Both the current zoning of RM and the proposed rezoning of CF are appropriate zoning designations for the property based on the FLUM designation of MD. Based upon the above, a recommendation of approval can be made to the City Commission. ~: ALTERNATfVE~..° =~~`~S A. Continue with direction. B. Move a recommendation of approval to the City Commission far the City initiated rezoning from RM in part and OSR in part to CF to accommodate the Head Start facility, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D} {5}, 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the City initiated rezoning from RM in part and OSR in part to CF to accommodate the Head Start facility, by adopting the findings of fact and law contained in the staff report, and #inding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria se# forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. D. Board's Discretion. 6 PEanning and Zoning Board Staff Report -Meeting of September 35, 2008 Proposed Buiiding for the Head Start Program -Rezoning ST~~;=~2ECQ.. _t111ENDATIQ~~ ~. Move a recommendation of approval to the City Commission for the City initiated rezoning from RM in part and OSR in part to CF #o accommodate the Head Start facility, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D} (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: ^ Exhibit "A": Conceptual Master plan ^ Exhibit aB": Property Legal Description ^ Zoning Map Report prepared by: Estelio Breto, Senior Planner CD ~ - a 3 3 3 3 ~ ~ ~ Vi (Ij U1 ~ ~ U Y Vl F ~ Ul s.w. 3RD cr. S. W. 3RD CT. s.w. ani sT. CF S.W. w a a AUBURN CIRCLE NpRTH ~ ~ ~ ~ ~ a_ y~ ~ ~ ~ ~P ~ N tll ~ AUBURN DR. o= ~ U P~~S4. > ~ O ~ a a osR I- PSIS AUBURN CIR. S. AUBURN `~ R M 7ERR. 50. W ~ ~ s. w. » sr. 4 z LI ~ o - 4 Q Q ~c~~ 3 s.w. 7TH cr. s.w. arH O ~-~- ~~ 10TH ~ STREET ~ T o ~ SUBJECT PROPERTY ~ HEAD START _ - PLANNING AND ZONING 12-43-46-20-5fi-002-0000 CURRENT ZONING MAP pEPARTMENT -- DICIrAL BA5£ MAP SY5T£M -- MAP REE: S:\Planning &Zoning\DBMS\i-ile-Cab\Z-LM 16D1-1500\LFA1084_Fieod Start Toning CD a ~, (/] 4741 57. CF (~ o M.. Q F- osR AUBURN 4 s.w. L ' ~ ~~ 3 V] ~N~ S. W. 10TH ~ ~ ~ ~ ~ ~ ~ AUBURN CIRCLE NORTH 3 a ~~S ~ ~P AUBURN DR. ~ U ~ ~ 7 7 Q Q AUBURN CIR. 5. RM ~.~ ST. 0 vi f l s7ia I I I sT o ~I~'~'-14~a ~~~ ~mo~ N~~~~~ STREET ~ _~ C~ o N SUBJECT PROPERTY ~_ HEAD START PLANNING AND ZONING 12-43-46-20-56-002-0000 FUTURE REZONING MAP DEPARTMENT -- ~1GIrAL &ASE MAP SY57£M -- MAP REP: S:\Plarsning & Zoning\06M5\File-Cab\Z-LM 1001-1500\LM1084_Head Start Zoning ., i ~ ~ ~, ~ ~ ~~ a ' .~~'~. ~~ w 1 ~~ ~ ~, ~' ^;! t`~} ~~ a ° ~ ~ ~~ ~~ 'i~1 i~ ~ r~ ~ ~ ~ s ~~~ra x~is~~nt ~~nyd~r~uo~. ~ ~~~~~ ~ S ~~ ~~ a~~ _~~ ~~ ~ ~ ~ 8 (~1 ..._.._ u~~-..-~...,._ Ictvr :xx r _.._- . 1~1 I4 tnr eecQi ate ..-~-- 1 ur xrrr x~ 0 a s ,,. 3 I v , ~, • -° -° iii ~2T.~ _. _. _. ~. -~-• --~ -~ -•-_ ---~ --- ~ , ' , .~ EXHIBIT "B", DESCRIPTION OF THE "HEAD START PROPERTY OR PREMISES" .. SKETCH & DESCRIPT[ON i LOCATI©N MAP LEC~Np: hOT TO SCAt,E (C'} = GALCULATE>a CE = CENTERLINE D.E, = DRAINAGE EASEMENT (O.R.6. 20273, PG. 1347. P. S.C.R.) Q.R.B. = OFFlCIAL RECORD BDDK (p) ~ PER THE PLAT f)F AUBURN TRACE, {P.p, F4, PGS. 1fi4--188, P.e.C.R.) g at:. , °~~ "P k F ~ ~~~ ~ ',Tr ~sr~ ~~l S AFJ . ` ~ .. I~ ~~y ~~. lK i if' ~-~~~~ r~•~~y.r. ¢S~_~ ..~ iK._'lL , {p2~ ~ ~ }~EC'TION 20, - 5UBD1171~3F~3M1i,'• TDWNSHIP~`465, RANGE ~E3E (P.B. 1, P6. ~4, P.B.C.R.)~ P.B. ' =PLAT BOOK P.B.O, =PALM REACH COUNTY P.B.C.R, = PALh3 BEACH COUNTY RECORDS PG. =PAGE S.F.t =SQUARE FEET MORE QR LESS NOTE5: 1. BEARINGS DEPICTED HEREON ARE RELATIVE TO THE NORTH LINE OF TRACT B, AUBURN TRACE°, ACCORDING TO THE PLAT THEREOF A5 RECORDED IN PLAT BOOK 64, PAGES 184 THROUGH 18B DF 7HE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAIti LINE DEPICTED AS HAVING A BEARING OF NORTH $x'43'47" EAST ON SAID PLAT. 2. 7HE UNDERSIGNED MAKES NO REPRESENTATIONS.OR GUARANTEES AS TO THE fNFDRMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY, SETBACK LINES, AGREEMENTS AND OTHER h[ATTERS, AND FURTHER, THIS INSTRUMENT IS NOT ENTENpED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED . AND CONF]RMED BY OTHERS THROUGH Ai'PROPRIATI= TITLI= VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY AND/OR EASEMENTS OF RECORD.. 3. THIS INSTRUhIENT NOT VALID 4YITHOUT THE SIGNATURE AND THE ORIG1~lAL RAISEp SEAL DF A FLORIDA LICENSED SURVEYOR AND NlAPAER. 4. THE LICENSED BUSINESS NUMBER EDR 17ENNIS J. LEAVY Ec ASSOCIATES INC. IS LB 8599 ANI3 THE CERTIFYIh1G SLERVEYORS LICENCE 15 LS #5888. S. TMfIS IS NOT A SURVEY. REVISIONS . 1 03/d5/dS REYI~ PER P.B.C. COMMENTS RR~A ~E'tlf11S J. ~.@~V'~/ $~ AISSOCIr~tr~S, ~T1C. Land Surv~yars * Mappers .,sn Q„~tr.,w~s Pnrit IAfn~ * Su?te B SKETCH S 1DESCRIPTION For: Pafm Beach Caaniy Praparty Rea! Estate Mar,aga,nent Division } ~ ~ cf ' d m d J NORTH LINE OF THE WE57 1/2 4F LOT 78 (P2) PLAT L1MIT5 (p} pGINT OF BEGINNING NpRTHWEST CORi~ER OF TitACT l3.(A) ,~ N$9'43'47"E 684.49' (P} l ` r ~~ f ~ / OVERRLL f~ .., i~OE5CRIBEI.~ AREA ~ L=117.8'1 ~ P (p). ~ ' ~,% 156,288 S.F.t ~ % '+ ~ _ 1~45'OQ'04" rx ~ a Y ~` ~ vi Q Ar ~ li ~ 130.7 6 54LJTH LINE 4F THE WEST 1 /2 ~~ LOT i a (P2) f ~ O` ~j0' 4CT A fP) TRACT C~ L=66.16' ~ ~P~ R=214.Ofl \\\ e= ta•a3'aa" TRACT G PLAT LII~ifTS {P) (i') rso' Ts' a f50' rrre sra~e rr~ r~Er Ren~tis J. Leavy & Associa#es, ACC. $KETGH & ^ESCRiPTiOAt Far Palm Beech County ~a11[ll SUI'VQ](O1'S ` Al~a~{ipef5 Property Real Estate Management Division 460 Business Palk V~ay * Sui#e B l~awM: RRM SCALE: ~'9rsn' I7ATI;:n2/z8~as Royal Pafm t3eacl~, Florida 33411 Phone 5Bi 753-0850 Fax 5$9 7530290 F.B./I>G. N/A~ JOiB~: os-p23 SI~EEf 3 OFD He7tl5tart Skeich ~~~~J' TI O i/~ ~/ TRACT B i f, •`'.(97,848 S.F".t)~] --TRACT 6 (p) pL1 4~ ~lt. p0 ...~ V 2 ~~ f (P~ N 69'9'23"E K.\2006,joba100-0Za\dip\HtadSfnri Sk"Aeh.d.g 2lZ812008 L24+10 PR £S7 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 14, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 ORDINANCE N0.47-08 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Chapter 52, "Water" of the Code of Ordinances by enacting Section 52.06, "Prima Facie Evidence of Violation of Section 52.05", and by amending Section 52.99, "Penalty", to clarify what will be considered evidence of tampering with a water meter and the penalty that may be imposed. BACKGROUND At the first reading on October 7, 2008 the Commission passed Ordinance No. 47-08. RECOMMENDATION Recommend approval of Ordinance No. 47-08 on the second and final reading. ORDINANCE NO. 47-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER" OF THE CODE OF ORDINANCES BY ENACTING SECTION 52.06, "PRIMA FACIE EVIDENCE OF VIOLATION OF SECTION 52.05", AND BY AMENDING SECTION 52.99, "PENALTY", TO CLARIFY WHAT WILL BE CONSIDERED EVIDENCE OF TAMPERING WITH A WATER METER AND THE PENALTY THAT MAY BE IMPOSED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City desires to amend its Code of Ordinances to provide that the tampering of water meters will be considered as prima facie evidence, against the person receiving the benefits of the water use, of a violation of the ordinance banning tampering of water meters; and WHEREAS, the City further desires to amend its Code of Ordinances to provide for different penalties regarding the tampering of water meters. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 52, "Water", is amended by enacting subsection 52.06, "Prima Facie Evidence of Violation of Section 52.05", to read as follows: Sec. 52.06. PRIMA FACIE EVIDENCE OF VIOLATION OF SECTION 52.05. The existence of anv connection, wire conductor, meter alteration or anv device whatsoever which offsets the diversion of water without the same being measured or registered by or on a meter installed for that purpose by the City, or the use or waste of water furnished by the City without its being measured or registered on a meter provided therefore by the City shall be prima facie evidence and creates a rebuttable presumption of intent to violate, and of the violation of Section 52.05 by the person using or receiving the direct benefits from the use of the water passim through such connection, device or altered meter or being used without being measured or registered on a meter. Section 2. That Chapter 52, "Water", is amended by amending subsection 52.99, "Penalty", to read as follows: Sec. 52.99. PENALTY. (A) Any person, firm, or corporation who violates any provision of this Chapter for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days, or both. Each day any violation shall continue to exist shall constitute a separate offense. The person, firm or corporation may also be subject to action under Chapter 37 of the Code of Ordinances. (B) Violation of any provision of Sections 52.65 through 52.70 shall be subject to the following penalties: First violation, twenty-five dollars ($25.00); second and subsequent violations, fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed sixty (60) days. Each day in violation of Sections 52.65 through 52.70 shall constitute a separate offense. The City, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited toemergency injunctive action, to enforce the provisions of Sections 52.65 through 52.70. (C) The owner or authorized agent of the owner responsible for the maintenance of the plumbing systems in the building who knowingly permits a violation of Sections 52.80 through 52.85 to remain uncorrected after the expiration of time set by the Director of Environmental Services shall, on conviction thereof by the appropriate court, be required to pay a fine of not more than one hundred dollars ($100.00) for each violation. Each day of failure to comply with the requirements of Sections 52.80 through 52.85 after the specified time provided under Section 52.85, shall constitute a separate violation. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST: MAYOR 2 City Clerk First Reading Second Readin MEMORANDUM T0: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: October 1, 2008 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF OCTOBER 7, 2008 ORDINANCE 47-08 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 47-08 which enacts Section 52.06 (sets forth what shall be considered evidence of tampering with City water meters) and amends Section 52.99 of the City Code regarding penalties for tampering with water meters. BACKGROUND Ordinance 47-08 provides that the alteration of a water meter shall be considered as prima facie evidence that the person receiving the benefit of the water service tampered with the water meter. This ordinance also provides that a violation of this Chapter may be brought before the Code Enforcement Board or the violator may be issued a citation under the supplemental code enforcement procedures. RECOMMENDATION Staff recommends approval of Ordinance 47-08. http://miweb001/Agendas/Bluesheet.aspx?ItemID=1535&MeetingID=153[10/14/2008 4:39:32 PM] MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: October 6, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 ORDINANCE N0.48-08 ITEM BEFORE COMMISSION City Commission is requested to give consideration of an Ordinance amending Chapter 96 to modify fees charged by the City of Delray Beach for emergency medical transportation services provided by the Fire-Rescue Department to be effective following second reading. BACKGROUND Advanced Data Processing Incorporated (ADPI) does billing for many public EMS agencies in the area, including Delray Beach, and they have a very broad perspective on this issue. They have provided recommendations to improve revenues by adjusting fees for service, which if approved by the City Commission could afford the City the opportunity to raise revenues in both the near and longer terms. The Fire-Rescue Staff has considered ADPI's recommendations and provided its recommendations for fee adjustments. The City Attorney's office has prepared the necessary Ordinance for consideration by the City Commission. RECOMMENDATION Recommend the City Commission consider for adoption the recommendations of Fire-Rescue Staff and approve the Ordinance. ORDINANCE N0.48-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66. "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMBULANCE FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5-95, which enacted a new Section 96.66 of the City Code to provide for emergency medical transportation; and WHEREAS, in accordance with the implementation of the National Ambulance Fee Schedule a new schedule is hereby established NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title IX, "General Regulations", Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (A) The following service charges or fees are levied for the provision of emergency medical transportation: (1) Advanced Life Support (ALS-1) Transport Fee X99:99 650.00 (2) Advanced Life Support (ALS-2) Transport Fee $750.00 (3) Skilled Case Transport Fee $800.00 (4) Basic Life Support (BLS) Transportation Fee 8 600.00 (5) NTileage Fee $12.00/mile Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective upon second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. N0.48-08 E.Il~.S. T'RANSPQRT FEES BLS AO429 ALS -1 1=merg. A0427 ALS - L2 A0433 Skilled Care Trans. A0434 Mileage Boynton Beach $350.00 $425.00 $575.00 $8.00 Boca - 1011108 $650.00 $65D.00 $750.00 $75D.OD $12.00 Palm Beach Ca. 111109 $490.00 $490.00 $65D.00 $9.OD Deerfield Beach $650.00 $700.00 $750.00 NA $12.00 West Palm Beach $39D.00 $39D.D0 $540.OD $640.00 $8.00 Delra Beach 1011107 $550.00 $600.00 $750.00 $800.00 $12.00 AVI~RAGI^ $513.33 $542.50 $669.17 $730.00 $14.17 * -will be increasing but do not have the figures at this time. *~- These are the proposed increases BLS ALS -1 Emerg. ALS - L2 Care Trans. Mileage AO429 A0427 A0433 A0434 Fiscal Year 2008-09 fees Delra Beach $550.D0 $600.Op $750.00 $BDD.OD $12.00 ** DELRAY BEACH FIRE-RESCUE STAFF RECOMMI=ND~D FEES EFFECTIVE NOVI~MBN=R 1, 2008 Skilled BLS ALS -1 Fmerg. ALS - L2 Care Trans. Mileage AO429 AD427 A0433 A0434 ©elra Beach $600.00 $650,00 $750.00 $80©.00 $72.00 Change $50.OD $50.00 $0.00 $0.00 $D.00 Percentage change 9.09% 8.33% 0.00% D.DD% 0.00% If the fee increases recommended by staff are used, we can expect revenue increases as follows: 2010 $125,000 over current FY collections MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: October 13, 2008 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 ORDINANCE 49-08 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 49-08 which amends Section 71.060 of the Code of Ordinances by increasing the "parking permit" cost from $60.00 to $80.00 per year. BACKGROUND The City issues "parking permits" to allow vehicles to park in designated permit-only parking spaces and in certain parking spaces with parking meters, which permits the vehicle to use the space without requiring the payment of money into the space's parking meter. The City has previously increased the fee for metered parking. This increase in the "parking permit" cost corresponds with the increase in metered parking. RECOMMENDATION Staff recommends approval of Ordinance 49-08. ORDINANCE NO. 49-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 71.060, "PARKING METER PERMITS", TO PROVIDE FOR A CHANGE IN FEES CHARGED FOR PARKING PERMITS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City issues parking permits to allow parking in certain spaces without requiring the payment of money into the space's parking meter; and WHEREAS, the City has increased the cost for metered parking; and WHEREAS, the City desires to increase the charge for parking permits to correspond with the previous increase in metered parking. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 71, "Parking Regulations", is amended by amending Subsection 71.060, "Parking Meter Permits", to read as follows: Sec. 71.060. PARHING METER PERMITS. (A) A "parking permit" may be purchased from the City by all persons which shall authorize the parking of the vehicle for which the permit was acquired in any designated permit-only parking space and in any parking meter space located within Anchor Park, Sandoway Park, Orange Grove Lot, Atlantic Dunes, and Ingraham Avenue parking lots without requiring the payment of money into the space's parking meter. (B) The cost of a parking permit shall be s~~ ei~htX dollars ($F9-99 80.00) per year, plus applicable taxes. (C) Each permit shall cover the period from October 1 through September 30. There shall be no proration of the permit fee. The application procedure and the form of the permit shall be determined by the City administration. It shall be illegal to deface a parking permit or to transfer a parking permit from the vehicle for which it was acquired to any other vehicle. However, if the parking permit sticker and other sufficient proof is submitted to the City, and when approved in advance by the City Manager or his designee, the parking permit sticker may be exchanged for a new sticker and the parking permit transferred to a substitute vehicle acquired by the permit holder subsequent to the issuance of the original parking permit. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST: MAYO R City Clerk First Reading Second Readi 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: September 26, 2008 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 RESOLUTION NO.50-08 ITEM BEFORE COMMISSION The item before the City Commission is City Resolution 50-08 which approves and authorizes indebtedness to be incurred by the CRA based on the terms in the interlocal agreement adopted by the CRA board on September 25, 2008 through CRA Resolution 2008-04. Florida Statute Section 163.385 requires the authorization or approval by resolution of the CRA and the City Commission in order for the indebtedness to be incurred by the CRA pursuant to the Interlocal Agreement. BACKGROUND The State of Florida's Brownfield program provides assistance to local governments for cleanup and redevelopment of contaminated, abandoned or underused sites. The City Commission designated the two block redevelopment area within the boundaries of the Carver Square subdivision as a Brownfield area on March 8, 2007 via Resolution No. 20-07, making it eligible for funding through the Brownfields program. Participation in the program allows an applicant to qualify for both a low interest loan administered by the South Florida Regional Planning Council (SFRPC) and to earn Voluntary Cleanup Tax Credits through the state's Department of Environmental Protection for the project. The attached Interlocal Agreement between the SFRPC, the Delray Beach Community Redevelopment Agency (CRA) and Community Land Trust (CLT) is the instrument that will specify the terms of the loan and provide for repayment. (Note: because the CLT is the owner of Lot 23 within the Carver Square subdivision, they are also required to execute the agreement.) The principal amount of the loan is $500,000.00 and is to be repaid over a three year period at a 3% rate of interest. No interest is being charged and no payments are required for the first year. Commencing on the first anniversary date, five (5) semiannual installments are to be made and are to include 3% interest. No liens will be placed on the property during the term of the loan. RECOMMENDATION The City Attorney's office recommends approval. RESOLUTION 50-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INDEBTEDNESS SY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $500,000 TO PAY THE COST OF SROWNFIELDS CLEANUP ACTIVITIES AND PAY COSTS OF ISSUANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Part III, Chapter 163, Florida Statutes (the "Redevelopment Act" ), the City of Delray Beach, Florida (the "City') created and established the Delray Beach Community Redevelopment Agency (the "Agency'); and WHEREAS, the City Commission of the City found certain areas within the City to be slum or blighted areas within the meaning of the Redevelopment Act (the "Redevelopment Area'); and WHEREAS, the City Commission previously approved and adopted the Delray Beach Community Redevelopment Plan (the "Redevelopment Plan') in accordance with the Redevelopment Act; and WHEREAS, on September 25, 2008, the Agency adopted a Resolution (the "Resolution') authorizing the Agency to enter into an Interlocal Agreement (the "Interlocal Agreement") with the South Florida Regional Planning Council ("Council") to provide for a loan to finance a portion of the costs of Srownfields cleanup activities and costs of issuance in an amount not to exceed $500,000; and WHEREAS, Section 163.385, Florida Statutes, requires the authorization or approval of the City Commission, as the governing body which created the Agency, for the indebtedness to be incurred by the Agency pursuant to the Interlocal Agreement; NOW THEREFORE, SE IT RESOLVED by the City Commission of the City of Delray Beach, Florida, as follow: Section 1. Approval and Authorization of Interlocal Agreement. Pursuant to and for the purposes of Section 163.385, Florida Statutes, the City Commission hereby approves and authorizes the indebtedness to be incurred by the Agency (the "Loan ') upon the terms, criteria and conditions provided in the Interlocal Agreement for the purposes mentioned above, and the City Commission does hereby further approve the execution, delivery and performance by the Agency of the Interlocal Agreement. It is hereby ascertained, determined and declared that, because of the characteristics of the Loan, prevailing and anticipated market conditions, and savings to be realized in an expeditious Loary it is in the best interests of the City and the Agency for the Agency to enter into the Loan subject to the terms, conditions and criteria provided in the Interlocal Agreement. The City covenants that it will not reduce the boundaries of the Agency while the Loan is outstanding Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED in regular session on the day of , 2008. CITY OF DELRAY BEACH, FLORIDA Sy Mayor ATTEST: Sy. City Clerk Res. 50-08 V RA DELRAY BEACH COMYUNITM 1iE0EYfLOP1AEki AGENCY September 26. 2008 David Harden City Manager 100 NW 1 sc Avenue Delray Beach FL 33444 RE: Carver Square Brownfield Loan Dear David. Attached please find CRA Resolution 08-04 which was adopted at the CRA board meeting of September 25, 2008. The Resolution authorizes the CRA to enter into an Interlocal Agreement to borrow funds from the South Florida Regional Planning Council {SFRPC} for the remediation of environmental conditions at Carver Square. Florida Statutes Section 163.385 requires the authorization or approval by resolution of the CRA and the City Commission in order for the indeb#edness to be incurred by the Agency pursuant to the Interlacal Agreement. We are asking that the City Commission adapt the attached resolution providing that approval. The State of Florida's Brownfield program provides assistance to local governments far cleanup and redevelopment of contaminated. abandoned or underused sites. The City Commission designated the two block redevelopment area within the boundaries of the Carver Square subdivision as a Brownfield area on March 8, 2007 via Resolution No. 20-07, making it eilgible for funding through the Brownfields program. Participation in the program allows an applicant to qualify for both a low interest loan administered by the SFRPC and to earn Voluntary Cleanup Tax Credits through the state's Department of Environmental Protection far the project. The attached Interlocal Agreement between the SFRPC. the Delray Beach Community Redevelopment Agency (CRA} and Community Land Trust (CLT) is the instrument that will specify the terms of the loan and provide for repayment. (Note: because the CLT is the owner of Lot 23 within the Carver Square subdivision, they are also required to execute the agreement. ) The principal amount of the loan is $500.000.00 and is to be repaid over a three year period at a 3°~ rate of interest. No interest is being charged and na payments are required for the first year. Commencing on the first anniversary date, five (5) semiannual installments are to be made and are to include 3°~ interest. No liens will be placed on the property during the term of the loan. Please have the Resolution scheduled for an upcoming City Commission meeting. Thank yon, faFyaaY consideration of this request Sinolerely, l ~ ~ , , ~ ~- Diane Colonna ` Executive Director c' Susan Ruby, City Attorney C#tevelle Nubin, City Glsrk 20 Nor+#r Swinton Avenue Delray Beach. flar~d~ 33444. Phone: 5611216-8640 - faz: 5611216-8558 www.delraycra.o-g RESOLUTION N0.2008-04 A RESOLUTION OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING AND PROVIDING FOR THE ENTERING INTO AN INTERLOCAL AGREEMENT WITH THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL TO BORROW AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $50.0,400, FOR THE PURPOSE OF FINANCING BROWNFIELDS CLEANUP PROJECTS, AND TO PAY THE COSTS OF ISSUANCE; PROVIDING THAT SUCH LOAN SHALL BE A LIMITED OBLIGATION OF THE AGENCY PAYABLE FROM NON-AD VALOREM REVENUES BUDGETED AND APPROPRIATED ON AN ANNUAL BASIS AND CERTAIN OTHER NON-AD VALOREM REVENUES OF THE AGENCY; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELNERY OF THE INTERLOCAL AGREEMENT; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE AGENCY TO TAKE ALL ACTIQNS REQUIRED IN CONNECTION WITH ENTERING INTO THE INTERLOCAL AGREEMENT; PROVIDING CERTAIN OTHER DETAILS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Delray Beach Community Redevelopment Agency (the "Agency"), a public body corporate and politic organized under the laws of the State of Florida, is authorized and empowered pursuant to Part III, Chapter 16~, Florida Statutes, as amended (the "Act"}, to undertake and carry out community redevelapment projects within community redevelopment areas, and to borrow money far the purpose of financing or refinancing such community redevelapment projects; and WHEREAS, as required by the provisions of the Act and preparatory to the creation of the Agency and the undertaking of community redevelapment projects, the City of Delray Beach, Florida {the "City"}, by resolutions and ordinances made certain findings relating to the existence of slums and blighted areas within the City in need of redevelapment and adapted a community redevelopment plan (the "Redevelopment Plan") and pursuant to an Ordinance of the City, established the Agency to carry out the. purposes of the Act; and WHEREAS, the Agency finds it to be in the public interest and necessary to enter into an Interlocal Agreement, substantially i.n the farms attached hereto as Exhibit "A" (the "Interloeal Agreement") with the South Florida Regional Planning Council (the "Council") pursuant to which the Council will loan to the Agency in an aggregate principal amount of not to exceed .$500,000 {the. "Loan"), in order to finance a portion of the costs of Brownfield cleanup projects (the "Project") in accordance with and as described in the Redevelopment Plan and to pay casts of issuance of the Laan; and WHEREAS, pursuant tv the requirements of the Act; the Loan is conditioned upon authorization thereof by the. City and notices to each taxing authority all in accordance with the Act; and WHEREAS, the Laan iS secured by a covenant to budget and appropriate all Covenant. Revenues (as defined in the Interlocal Agreement); NOW, THEREFORE, BE IT RESOLVED BY THE DELRAY BEACH COMIIMUNITY REDEVELOPIVIENTACENCY THAT: SECTION 1. Authority for this Resolution. This Resolution is enacted pursuant to Part TIT of Chapter 163, Florida Statutes, the Charter of the City of Delray Beach, Florida and other applicable provisions of law (the "Act"). SECTION 2. Findin s and Determinations. It is hereby ascertained, determined and declared that: A. The Agency is authorized under the Act to issue revenue bonds or other evidences of indebtedness far various community redevelopment purposes, including the Project, and the Project constitutes a valid public purpose. B. The Laan shall be used to finance the costs of the Project, and pay the. costs related to entering into the Interlocal Agreement, and the principal of and interest on the Loan shall be payable from the Covenant Revenues an the terms set forth in the Interlocal Agreement. The Covenant Revenues are estimated to be at least sufficient to pay the principal of and interest on the Loan as the same becomes due and payable, and all other amounts required to be paid or deposited under the Interlocal Agreement. C. The Agency is authorized under the Act to enter into the Interlocal Agreement to finance the costs of the Project, and to repay the Loan as provided in the Interlocal Agreement. D. The Council shall never have the power to require the Agency or the City to levy ad valorem taxes on the property within its boundaries to pay the principal of anc~ interest on the. Loan or other payments required hereunder or under the Interlocal Agreement, and the Loan shall not constitute a lien upon any property owned by or situated within'the boundaries of the Agency or the City. E. A negotiated borrowing is required and necessary and is in the best interest of the Agency for the following reasons: the Loan will be a special and limited obligation of the Agency; the principal of and interest on and other costs and expenses related thereto shall be payable solely from a covenant to budget and appropriate Covenant Revenues expressly provided herein and in the Interlocal Agreement; the costs of borrowing is likely to be greater and the time to borrower is likely to be longer if the Loan is sold at public sale by competitive bid than if the Loan is sold at a negotiated sale; there ~ n.a basis, considering prevailing market conditions, for any expectation that the terms and conditions of a Loan at a public sale by competitive bid would be mope favorable than a negotiated sale; loans having the characteristics of the Loan axe typically sold at negotiated sales under prevailing market conditions; and the Agency has undertaken substantial negotiations with the Council with respect. to the Loan. SECTION 3. Authorizatinn of the Pxo'ect and the Loan. Subject to the pxovisions hereof, the Loan in the principal amount of not to exceed $500,000 is hereby authorized for the purpose of financing the casts of the Project and paying costs of issuance of the Loan. SECTION 4. Interlocal A~eement. The form of the Interlocal Agreement in substantially the farm attached hereto as Exhibit "A" is hereby approved by the Agency, and the Chair or Vice-Chair (the "Chaix") or in their absence, the Executive. Director is authorized to execute the same, and the Board Secretary is hereby authorized to attest to such signature, with such changes as may be approved by the Chair dr in their absence, the Executive Director, such approval to be conclusively evidenced by the execution thereof and the attestation of the Board Secretary. SECTION 5. Authorization to Execute Documents. The Chair and the Executive .Director are hereby charged with the responsibility of taking all actions necessary to enter into the Interlocal Agreement upon the terms- and conditions contained herein and in the Interlocal Agreement anal the Chair and the Executive Director are hereby respectively authorized to sign all documents necessary or appropriate in connection with the Loan and to carry out the purposes of this Resolution. SECTION 6. Limited Qbli atians of the A enc Neither Credit Nor Ta~rin~ Power are, Pledged. The Loan and the interest thereon, shall mot be or constitute a general obligation or indebtedness of the Agency, the. City, the State of Florida or any political subdivision thereof within the meaning of the Constitution of the State of Floxida or any legislative, charter or ordinance provision or limitation, but shall be payable solely from and secured by a covenant to budget and appropriate of the Covenant Revenues and any unspent pxoceeds of the Laan and all investment earnings thereon. The Council shall never have 'the right to compel the exercise of the ad valorem taxing power of the Agency ox the City or any other political subdivision of the State. of Florida or taxation in any farm on any property to pay the Laan or the interest thereon nor shall the Council be entitled to payment of such principal and interest thereon .from any other fiznds of the Agency or the City except from non-ad valorem revenues to the extent described in the Interlocal Agreement. SECTION 7. Authorization. The Chair, the Board Secretary, the Executive Director and all other officers and employees of the Agency are hereby authorized to take all actions necessary or incidental to the Laan, including, but not limited to, the execution of the Interlacal Agreement and all certificates and other documents related thereto. .SECTIONS. Repeal of Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION ~. Seyerability. If any one or more of the. covenants, agreements ar provisions of this Resolution should be held contrary to any empress provision of law ar contrary to the policy of express law, though not expressly prohibited, or against public policy, or. shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements ar provisions of this Resolution ar of the Interlocal Agreement. SECTION 10. Effective .Date; City Authorization Required. This Resolution shall become effective upon the adoption hereof; provided, however, that the authorizations for the Loan set forth herein is expressly conditioned upon approval thereof by the City axed notice to the appropriate taxing authorities all as set Forth ixi the Act. PASSED AND ADOPTED this- 25+~ day of September, 2008. DELRA~ BEACH COMMUNITY REDEVELOPMENT AGENCY ,-. ` -` ~ ~,~/ Chair ATTEST: Board Secretary ~ 557X40 v9 Exchibit "A" Form of InterEveai Agreement INTERLOCAL AGREEMENT BETWEEN THE SOUTH FLORIDA REGIONAL PLAI~TNING COUNCIL. THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE DELRAY BEACH COMMUNITY LAND TRUST. INC. FOR BROWNFIELD CLEANUP FUNDING THIS INTERLOCAL AGREEMENT FOR BROWNFIELD CLEANUP FUNDING (hereinafter the "Agreement"), is made and entered into this day of 2008, and is by and between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida public body corporate and politic created pursuant to Section 163.36 F.S. (hereinafter called "BORROWER"), and the SOUTH FLORIDA REGIONAL PLANNING COUNCIL, a body corporate and politic and an agency of the State of Florida,. (hereinafter referred to as "COUNCIL"). WHEREAS, the BORROWER is the owner in fee .simple of certain lands situate and lying in Delray Beach, Florida, and the Delray Beach Community Land Trust, Inc. a Florida not- for-profit corporation is the owner in fee simple of certain lands located in the community redevelopment area of the BORROWER, all as more particularly described in Exhibit "A" attached hereto and made a part hereof {the "Land"); and WHEREAS, COUNCIL- is a recipient of Brownfields Cleanup Revolving Loan Funds ("BCRLF"} and is authorized to make certain loans from these funds; and WHEREAS, BORROWER has completed loan pre-qualification and .Application Requirements for the COUNCIL'S BCRLF; and WHEREAS, BORROWER has requested of COUNCII, and COUNCIL has agreed to lend to BORROWER, upon the terms and conditions as hereinafter set forth, the fatal sum of up to $500,000.00 (the "Loan") to assist BORROWER in the effectuation of Brownfields cleanup activities and for such other purposes as are set forth in this Agreement. NOW, THEREFORE, for and in consideration of fhe mutual covenants and agreements set forth herein, and other good and valuable consideration exchanged between the parties, the receipt and adequacy of which are hereby acknowledged,.. it is agreed as follows: ARTICLE I DEFINITIONS 1.1 As used in this Agreement, the terms listed-below shall have the following meanings: 1.1.1 Act. Means Part III of Chapter 163, Florida Statutes. 1.'1.2 At~proval Memorandum. Means the agreement described in Section 3.1.1 herein. 1.1.3 BORROWER. The business entity, local government, non-profit agency, or individual having fee simple title to the subject real property and authority to execute- all relevant documents. BORROWER is the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida public body corporate Page 1 EXHIBIT "A" and politic created pursuant to Section 163.356 F.S. ("CRA"), with an address of 20 North Swinton Avenue, Delray Beach, Florida 33444. 1.1.4 Brownfields Cleanup Revolving Loan Funds ("BCRLF"). Funds originating. from the U.S. Environmental Protection Agency ("EPA"} to be disbursed by COUNCIL to BORROWER for the purpose of effectuating the rehabilitation and cleanup of the loan property site. 1.1.5 Business Dav. .Means any day except Saturday or Sunday or a day on which the COUNCIL or the contractor hired. by the COUNCIL to process the Loan payments are closed. 1.1.6 C~UNCiL. The South Florida Regional Planning Council, with its offices located at 3440 Hollywood Blvd., Suite 140, Hollywood, FL 33021. 1.1.7 Community Relations Plan ("CRP"). A plan for the community relations and. public involvement activities that will occur throughout the BCRLF response and implementation process. 1.I.8 Cooperative Agreement Work Plan. "I`he Brownfields Site Rehabilitation Agreement and Remedial Action Plan that the BORROWER has entered into with the Florida Department of Environmental Protection. I.1.9 Effective date. Shall mean the date on which the occurrence of all of (a) the execution of this Agreement by the proper officers. of the COUNCIL and the BORROWER, (b) the filing of this Agreement pursuant to Section 11.$(b}, hereof and (c) the approval of the Loan and this Agreement by the City of Delray Beach, Florida and the satisfaction of any conditions precedents required under such authorizing resolutions. 1.1.1 ~ En ing e~rin Evaluation and Cost Analysis ("EE/CA"). An Engineering Evaluation Cost Analysis prepared in conjunction with the cleanup activities pursuant to a Project Response. Action. 1.1.11 Final Maturity Date. Means the earlier of (a) , 2011 or (b} immediately on the day that the revenues pledged under this Agreement are deemed by a court with jurisdiction over the Borrower to be ad valorem revenues subject to the requirements of Article VII, Section 12 of the Florida Constitution. 1.1.12 Governmental Authority. Any federal, state, county, municipal or other governmental department, commission, hoard, bureau, court, agency, or any instrumentality of any other governmental entity having jurisdiction over the Property. 1.1.13 Governmental Re uirements. Any law, statute, code, ordinance, order, rule, regulation, judgment, decree, writ, injunction, franchise, permit, certificate, license, authorization, or other direction ar requirernent of any Governmental Page 2 Authority now existing ar hereafter enacted, adopted, promulgated, entered or issued applicable to the construction of the Improvements or to Borrower. 1.1.14 Increment Revenues. Means the amount calculated pursuant to Section 1f3.387(1), Florida Statutes, as amended, and appropriated no later than January 1 each year by each taxiing authority {as defined in the Act) in connection with the redevelopment of the blighted areas for deposit into the redevelopment trust fund of the BORROWER established pursuant to the Act. 1.1.15 Land. That certain real property described on Exhibit "A", annexed hereto and made a part hereof. 1.1.16 Loan. A loan in the amount of $500,000.00. 1.1.17 Non-Ad 'Valorem Revenues. Means all legally available non-ad valorem revenues of the BORROWER, derived from any source whatsoever, including, without limitation and investment income, which are legally available for the payment by the BORROWER of debt service on notes or bonds, including, without limitation, legally available nan~ad valorem revenues derived from sources subject to a prior pledge thereof for the payment of other obligations of the BORROWER and available after payment of priu~cipal and interest on such other obligations; provided however, for clarification purposes. only, Increment Revenues shall only be used to the extent legally permissible and are not otherwise determined by a Florida court to be ad valorem revenues subject to the limitations described under Article VII, Section i2 of the Florida Constitution. 1.1.18 On-Scene Coordinator ("OSC"}. An individual or entity to be selected. by the COUNCIL to coordinate and oversee the Project Response Action pursuant to Section 3.1.1 hereof 1.1.19 Covenant Revenues. means (i) all Non-Ad Valorem Revenues and (ii) proceeds, if any, from the sale or transfer of all or a portion of the Property. 1.1.20 Project Budget and Schedule. The Project Budget and Schedule describes how the loan funds. are to be utilized, according to the Work Plan, and the time frame under which it is anticipated that Work Plan will be implemented. 1.1,21 Project Response Action Agreementls). Means collectively, the agreement between the BORROWER and BG Group {the sail remediation contractor} dated December 19, 2008 and,. the. agreement between the BORROWER and GFA International (the environmental consultant) dated January 10, 2008. 1.1.22 Project Response Action. Soil Remediatian and Environmental monitoring of contaminants for excavating and backfiiling tasks preformed on the two (2) block Carver Square neighborhood particularly described in the work plan referenced herein. Page 3 1.1.23 Pro a The Land, together with any existing improvements and the Improvements to be constntcted on the Land, other improvements-and all fixtures, personal property and other properties owned by BORROWER and used in connection With the Land. 1.1.24 Work Plan. The Brownfields Site Rehabilitation Agreement and Remedial Action Plan that the BORROWER has entered into with the Florida Department of Environmental Protection. 1.2 Other Definitional Provisions. (a} The terms "material" and "materially" shall have the meanings ascribed to such terms under generally accepted accounting principals ("GAAP"} as such would be applied to the business of the BORROWER, except as the context shall clearly otherwise set Earth; (b) all of the terms defined in this Agreement shall have such defined meanings when used in other documents issued under, or delivered pursuant to, this Agreement, unless the context shall otherwise require; (c) all terms defined in this Agreement in the singular shall have comparable meanings when used in the plural, and vice versa; (ci) accounting terms, to the extent not otherwise defined,. shall have the respective meanings given them under, and shall be construed in accordance w1th, GAAP; (e} the words ".hereby", "hereto", „hereof", "herein", "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; (f) the masculine and neuter genders are used herein and whenever used shall include the masculine, feminine and neuter as well; and (g) any reference in this Agreement to any of the parties hereto shall be deemed to include the heirs, personal representatives, successors, and assigns of such parties unless the context shall expressly provide otherwise. 1.3 Titles and Headings. The titles and .headings of the articles and sections of this Agreement have been inserted fnr convenience of reference only and are not to be considered a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and shall not be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any question of intent should arise. ARTICLE II THE LOAN 2.1 LOAN. The BORROWER may borrow from time to time up to the principal sum of Five Hundred Thousand and 00/100 Dollars ($500,000.00) aggregate principal amount predicated on the COUNCIL receiving draw requests from the BORROWER in accordance with Section 2.11 hereof (each an "Advance"}. Amounts Advanced and repaid may not be remadvanced. Each Advance must be in an amount equal to or greater than $50,000. The Loan sltall bear interest on the outstanding principal balance at zero percent (0%) from the Effective Date through and including , 2009 and thereafter at three percent (3%} per annum. Interest an all Advances shall be payable Semiannually on and Page 4 of each year (each an "Interest Payment Date") so long as any amount under the Loan remains outstanding, with the initial. Interest Payment Date to be 2009. Principal for all Advances made against the Loan shall be payable an , 2009, , 201x, , 2010, , 2011 with the final installment due on the Final Maturity Date (each a "Principal Payment Date"). Principal payments shall be in substantially equal amounts and the principal due on each Principal Payment Date shall equal an amount determined by dividing the aggregate principal amount of all Advances made by the BORROWER under this Interlocal Agreement by the number of Principal Payment Dates remaining, including for purposes of such calculation, the Final Maturity Date: The entire unpaid principal balance, together with all accrued and unpaid interest hereon, shall be due and. payable in full on the Final Maturity Date. All payments by the BORROWER pursuant to this Agreement shall apply first to accrued interest, then to other charges due the COUNCIL, and the balance thereof shall apply to the principal sum due. 2.2 Computation of Interest and Fees. All computations of interest and fees hereunder shall be made on the basis of a year of 365 days (or 366 days in a leap year) far the actual number of days (including the first. day but excluding the Iast day) occurring in the. period far which such interest or fees are payable, 2.3 PREPAYMENT. BORROWER may, without pramium prepay any portion of the principal on the Loan before the maturity date, with five (5) days notice to the COUNCTL. 2.4 Business Days. In any case where the due- date of interest. on or principal of the Loan is not a Business Day, then payment of such principal or interest need not be made on such date but may be made on the next succeeding Business Day, provided that credit for payments made shall not be given until the payment is actually received by the COUNCIL. 2.5 PURPOSE. The proceeds of the Loan shall be used only for the approved Brownfields Response Action for the Property and in strict eampliance with the. Cooperative Agreement Work Pian, Project Budget and Schedule, Work Flan and Approval Memorandum and for costs of issuance related to the Loan. 2.6 BROWNFIELDS CRLF PROJECT RESPONSE ACTION AGREEMENT. BORROWER has entered into a soil remediation agreement dated December 19,.2007 with BG Group,. and an environmental consulting services agreement dated. January 10, 2008 with GFA International (the Contractors' Contracts, hereinafter referred to as "Contractors") to execute the Work Plan. The Work Plan and Contractors' Contracts shall be subject to and incorporate the Project Response Action Agreement. BORROWER shall attach and incorporate a copy of this Agreement and the COUNCIT.'s Brownfields Cleanup Revolving Loan Fund guidelines to any agreement with the Contractor. Page 5 2.7 CQNTRAGTOR 4UALIFICATIONS AND INSURANCE. BORROWER represents and warrants to the COUNCIL that each Contractor has examined the Property, is fully familiar with local conditions,. and is able to execute the Work Plan and perform in accordance with its term. Each Contractor shall perform the Work Plan consistent with the level of care and skill exercised by similar contractors performing comparable services under comparable circumstances. Each Contractor must be certified as a Brownfields Redevelopment Contractor pursuant to Sections 376.$0, Florida Statufes (2006), and maintain a current and valid license from the State of Florida Contractor's State License Board, or other authorized agency, far the past twenty-four (24) months prior to date of-the BCRLF Project Response Action, Each Contractor shall maintain and keep in force insurance, including, but oat limited to pollution and general. liability insurance with a minimum of $1,000,000 coverage per accident or claim, property insurance and workman's compensation. Insurance shall be placed with an insurer with an A.M. Best rating of no less than A:VII. The BORROWER shall ensure that the COUNCIL is identified as an additional insured in any and all policies obtained by each Contractor relative to this project. 2.8 FEES AND COSTS. 2.8.1 Fees and Costs. BORROWER shall pay all closing costs, which shall include, but are not limited to, costs of recording any and all instruments evidencing the loan, documentary stamps and intangible taxes, attorney fees and costs for the COUNCIL. 2.8.2 TRANSACTIONS. COUNCIL may, at its option, charge transaction fees for document preparation and recording and all other services related to the Property including, but not limited to subordination, sale or other transfer, demand notices, refinancing, reconveyance, and litigation. BORROWER skull pay or reimburse COUNCIL on demand for all present or future documentary stamp taxes, if any. 2.8.3 LOAN COLLECTION SERVICES. COUNCIL may, at its option, charge a fee for loan collection services equal to that fee which the contractor providing such services charges to the COUNCIL for processing. of loan payments. 2.8.4 UPON DEFAULT. Upon default of this INTERLOCAL Agreement, BORROWER shall pay COUNCIL all reasonable collection and attorney's fees and expenses actually incurred. by the COUNCIL, whether or not litigation is commenced, including but .not limited to reasonable attorney's fees and penalties and/or fees due under this Agreement. 2.9 PAYMENT 2.9.1 The BORROWER shall pay or cause to be paid on the Final Maturity Date from Covenant Revenues, the principal amount of $500,000, together with interest as described in Section 2.1 hereof, sufficient to pay the Loan in full. Page 6 2.3.2 Within twenty (20) days subsequent to the Effective Date, the BORROWER shall erect and maintain a sign on the Project Site stating that the project is financed in part by BCRLF and the COUNCIL. The sign should also include appropriate contacts for obtaining. information on activities being conducted at the site and for reporting suspected criminal activities. The.. sign erected on the Project Site shall comply with all requirements of the state and local law applicable to on-premise outdoor advertising. as well as 40 CFR Subpart O §35.610~(a}(2)(ii). 2.14 INSPECTION AND RIGHT TO STOP WORD. At its discretion, COUNCIL shall have the right to enter upon the Property at any time upon reasonable notice for the purpose of conducting inspections of the work at the Property during and upon completion of BCRLF Project Response Action, with BORROWER to provide notice to COUNCIL when completion is imminent (nor later than five days prior}. The OSC shall perform duties including, but not limited ta, coordination, oversight and inspection of the BCRLF Project Response Action. If COUNCIL or the OSC find. that the work is unsatisfactory or is not substantially in accordance with the Work Pian, COUNCIL shall have to right to order the work to stop, and order work replacement by BORROWER at BORROWER's expense. COUNCIL shall not be obligated to make any disbursements unless or until all work to be paid from such disbursement is satisfactory to the COUNCIL. Upon the transfer of any interest in all or a portion of the Property. or Land while any amount is outstanding hereunder within 1.5 days of the execution of the real property interest document (or if there is no written documents, then 15 days from the date that such an interest is effective) a copy of an access agreement granting the COUNCIL access to such property to inspect the property for the. purposes described in this Section shall. be provided to the COUNCIL. 2.11 DISTRIBUTION OF FUNDS. Advances shall be made to the BORROWER in installments based upon the progress of the work and in accordance with the approved Project Budget and Schedule. No Advance shall be advanced to BORROWER from the COUNCIL without the written approval of the OSC, which will not be unreasonably withheld and provided the BORROWER is not in default of this Agreement or no event has occurred which with the passage of time or the giving of notice, or both, would give rise to a default under this Agreement. As a condition to the disbursement of funds, the COUNCIL may require from time to time documentation evidencing payment by BORROWER to the Contractor or subcontractors for work performed on the Project. All such funds allocable to the Loan shall be and constitute trust funds for such purposes, and there is hereby created a lien upon such funds in favor of the COUNCIL until such funds are applied as herein provided. 2.12 PROGRESS PAYMENTS AND RETENTION. All requests by BORROWER for progress payments will be disbursed by the actual expense method and shall be approved by the BORROWER'S Licensed Environmental Professional ("LEP") and submitted in writing with original billing statements for actual work performed to the COUNCIL on or about the first day of each month, for review and approval of the OSC and COUNCIL. The progress payment will not be available until the 2$th of each month or by the 15~' of Page 7 the month if the draw requested was submitted by the 20~' of the previous month. The COUNCIL reserves the right to withhold up to ten percent (10%) of each payment as retention. Any withheld funds will be released after submitting a BCRLF Project Response Action Closeout Report and receipt of a Certificate of Completion, approved by the OSC. All requests for payment shall be accompanied by partial releases from any materialmen, subcontractors and the Contractor. 2.13 ADHERENCE TO BUDGET. BORROWER agrees to keep all expenditures from loan proceeds within the approved budget {described in the Project Budget and Work Schedule). BORROWER shall not exceed any of the costs enumerated in the approved Project Budget and Work Schedule without the prior written approval of the OSC. ARTICLE III PRE-DISBURSEMENT OBLIGATIONS 3.1 Prior to disbursement of the loan proceeds, the COUNCIL, as the lead agency, will complete all response selection requirements, however; these activities may not be completed prior to execution of the loan documents. For cleanup planning and. decision documents not completed prior to the signing of the loan agreement, then: 3.1.1 COUNCIL shall have the right to select an individual or enrity to serve as the On~ Scene Coordinator ("OSC"). The OSC shall perform all duties as required by the COUNCIL, including but not limited to coordination and oversight of the BCRLF Project Response Action ("Response Action"). The OSC shall prepare an Approval Memarandum documenting that the situation meets the CERCLA (as hereafter defined) and NCP (as hereafter defined) criteria for initiating anon-time removal action for signature by the COUNCIL. 3.1.2 After the COUNCIL. has prepared the Community Response Plan ("CRP"), the BORROWER shall draft an Bngineering Evaluation and Cost Analysis {"EEICA"), which shall clearly identify the objectives of the removal action, provide an analysis of alternatives, :recommends an action for the removal of contamination and the estimated costs of removal. The BORROWER shall submit copies of the draft EEICA to the OSC and the COUNCIL for approval. The BORROWER agrees to accept advice and suggestions from the OSC and COUNCIL, and to incorporate those suggestions or requests for revisions into the draft EEICA. 3.1.3 After the COUNCIL and OSC have approved the draft EEICA, the COUNCIL shall make the draft EEICA available for review and public comment for a period of not less than thirty (30) days from the date of public notice. 3.1.4 After the public comment period, the OSC shall .prepare a Response to the public comments and a Decision. Memorandum documenting the basis for the removal action for signature by the COUNCIL. At the request of the COUNCIL, the BORROWER shall submit all information to the COUNCIL in a form requested by the COUNCIL., which will enable the COUNCIL to prepare the Decision Page 8 Memorandum. After the COUNCIL has signed the Decision Memorandum, the BORROWER shall prepare: (a) A Budget and Work Schedule (b} Health and Safety Plan (OSHA 1910-120-126) And submit same to the OSC and COUNCIL for approval. 3.1.5 BORROWER understands and agrees that all proceeds of the Loan provided by the COUNCIL. shall be used to rehabilitate and cleanup the Property site subject to this Agreement. BORROWER shall supply the COUNCIL with construction design plans and specifications for redevelopment of the property. ARTICLE IV REPRESENTATIONS AND W S 4.1 BORROWER makes the following representations and warranties to COUNCIL: 4.1.1 ENVIRONMENTAL WARRANTIES. BORROWER certifies that: (a} The Property is not listed, or proposed for listing on the National Priorities List of the U.S. Environmental Protection Agency (EPA); (b) BORROWER is not a generator or transporter of the contamination at the Property; (c) BORROWER is not an owner or operator of the site, as defined by CERCLA; and, (d) BORROWER purchased or acquired the property after the time of disposal or placement of hazardous substances and the BORROWER has not caused or contributed. to the contamination. 4.1.2 Powers of BORROWER. The BORROWER is .and will. be on the date of closing, duly organized and validly existing. under the constitution, the Iaws of the State and its enabling legislation. The BORROWER has the power to borrow the amount provided for in this Agreement, to execute and deliver each of the agreements described herein, and to perform and observe all the terms and conditions on its part to be performed and observed. 4.1.3 Authorization of Loan. The BORROWER has full legal right, power, and authority to execute and deliver this Agreement, and to carry out and consummate all other transactions contemplated hereby, and the BORROWER has complied and will comply with all provisions. of applicable law in all material matters relating to such transactions. The BORROWER, has duly authorized the borrowing of the amount provided for in this Agreement, the execution and delivery of this Agreement, .and to that end the BORROWER warrants that it will Page 9 take all action and will do ali things which it is authorized by law to take and to do in order to fulf 11 all covenants on its part to be performed and to pirovide for and to assure payment of the Loan. The BORROWER has duly authorized the execution, delivery, and performance of this Agreement and the taking of any and all other such action as may be required on the part of the BORROWER to carry out, give effect to and consummate the transactions contemplated herein. This Agreement has been duly authorized, executed, issued and delivered to the BORROWER and constitute legal, valid and binding obligations of the BORROWER enforceable in accordance with its terms. All approvals, consents, and orders of and filings with any .governmental authority or agency which would constitute a condition precedent to the execution and delivery of this Agreement or the execution and delivery of ar the performance by the BORROWER of its obligations. herein have. been obtained or made and any consents, approvals, and orders to be received. or filings so made are in full force and effect. 4.I.3 NO VIOLATION. The making and performance by BORROWER of this Agreement does not violate any provision of law, Florida statute, or result in a breach of or constitute a default under any agreement, indenture or other instrument to which BORROWER is a party or by which BORROWER is bound. 4.1.4 AUTHORIZATION. This Agreement has been duly authorized, executed and delivered,. and is a valid and binding agreement of BORROWER as of the Effective Date. x.1.5 LITIGATION. There are no pending or threatened actions or proceedings before any court or administrative agency, which may adversely affect the financial condition or operation of BORROWER other than those heretofore disclosed by BORROWER to COUNCIL in writing. 4.1.6 CORRECTNESS OF FINANCIAL STATEMENT. The financial statement dated September 30, 2007 heretofore delivered by BORROWER to COUNCIL accurately represents the current financial condition of BORROWER, and has been prepared in accordance with generally accepted accounting principles consistently applied. As of the date of such financial statement, and since such date, there has been no material adverse change in the condition of BORROWER, nor has the BORROWER mortgaged, pledged or granted security interest in or encumbered any of BORROWER'S assets or properties since such date, except as contemplated by this Agreement. 4.1.7 NO ADDITIONAL SUBORDINATION. The obligations of BORROWER under this Agreement will not be further subordinated in right of payment to any obligation of BORRQWER, other than that which may be provided under this Agreement, unless otherwise acknowledged ar agreed to by COUNCIL in writing. Page 10 ARTICLE V CONDITIONS PRECEDENT 5.1 The obligation of COUNCIL to make this Loan contemplated hereunder is subject to the fulfillment of the following conditions: 5.1.1 APPROVAL OF COUNCIL'S LEGAL COUNSEL. All legal matters incidental to COUNCIL'S commitment to issue the Loan hereunder shall be satisfactory to the legal counsel of COUNCIL, including the form, validity and enforceability of this Agreement and Exhibits attached hereto. 5.1.2 COMPLIANCE. The representations and warranties contained herein shall be true an and as of the date of the signing of this Agreement with the same .effect as though such representations and warranties had been made on and as of such date, and on such date no event of default as defined in Article VII herein ("Events of Default") and no condition, event or act which, with the giving of notice or the lapse of time or both would constitute an Event of Default, shall have occurred and be continuing or shall exist. 5.1.3 SUBMISSION OF BCRLF PROJECT RESPONSE ACTION. BORROWER siaall submit to COUNCIL copies of all bids and the BCRLF Project Response Action contracts for all work required under the Work Plan. 5.1.4 No Default. On the date hereof the BORROWER shall be in compliance with all the terms anti provisions set forth in this Agreement and any other loan documents on its part to be observed or performed, and no Event of Default nor any event that, upon notice or lapse of time or both, would constitute such an Event of Default, shall have occurred and be continuing at such time. ARTICLE VI AFFIRMATIVE COVENANTS 6.1 BORROWER does acknowledge that it is familiar with and shall comply with Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 4164-4 relating to Federally assisted construction contracts. BORROWER covenants that so long as BORROWER is indebted. to COUNCIL under this Agreement, BORROWER shall do the following: 6.1.1 ACCOUNTING RECORDS. BORROWER shall document alI the uses of the loan proceeds, and maintain adequate books and accounts in accordance with GAAP consistently applied. BORROWER shall permit any representative of COUNCIL, at any reasonable time, upon reasonable notice to inspect, audit and examine such books and inspect the properties of BORROWER. BORROWER shall maintain documentation on the use of the loan proceeds for a minimum of ten (10) years after the completion of Project Response Action activities supported by the Loan, or for the length o~ the Loan, whichever is greater. BORROWER must obtain written approval from COUNCIL prior to destroying any such records earlier than the date permitted in the preceding sentence. Page 11 6.1.2 FINANCIAL STATEMENTS AND ONGOING REPORTING. BORROWER shall furnish COUNCIL, so long as amounts remain due hereunder: (a) Quarterly reports that document that they are in compliance with all relevant Federal and State of Florida environmental regulations and that they meet the requirements. of the COUNCIL's Brownfields Revolving Loan Fund Guidelines. (b) Quarterly financial. statements, including basic accounting and control mechanisms to track legitimate use of funds and document that the funds are put to authorized uses. BORROWER'S accounting system must track site-specific cost, and track cost activity and operable unit if applicable. Financial statements are. considered. to be {i} Income Statements; (ii) Balance Sheet; and (iii) Cash Flow Statement. {c) From time to time such other information as COUNCII, .may reasonably request. &.1.3 COMPLIANCE WITH ALL LAWS. BORROWER will carry out the Work Plan in accordance with the Comprehensive Environmental Response Compensation and Liability Act {"CERCLA") in (42 USC 9bD 1 et seq.); Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (40 CFR Part 31); Cooperative Agreements for Superfund Response Actions (40 CFR Part 3S, Subpart O); the National Oil and Hazardous Substances Contingency Plan ("NCP") (40 CFR Part 304) and all other applicable provisions of Federal, State or Local law. G.1.4 DAVIS-BACON ACT. BORROWER shall carry out the Work Plan in accordance with the Davis-Bacon Act of 1931 (CERCLA 104{g)(1), (40 U.S.C. 276a-5 and 42 U.S.C. 3212). Compliance with the Davis-Bacon Act requires payment of Federal prevailing wage rates for construction, repair or alteration work funded in whole or in part with BCRLF Loan Funds. BORROWER must obtain recent and applicable wage rates from the U.S. Department of Labor and incorporate them into the construction contract for the Work PIan. b.1.5 INSURANCE. In addition to contractor's insurance requirements, BORROWER shall maintain and keep in force insurance of the types and amounts necessary to protect the security for BORROWER'S indebtedness to the COUNCIL, including; but not limited to general liability insurance with a minimum of $1,000,000 coverage per accident or claim, property insurance and workman's compensation, if applicable, and fire insurance, for the value of the property, and coverage for pollution incidents that may be evidenced by pollution legal liability insurance. Insurance coverage shall be primary as respects any other insurance of self insurance available to the COUNCIL. Insurance shall be placed with an insurer with an AM Bests rating of no less than A:VII. The COUNCIL, its offcers, employees and agents, shall be named as "Loss Payee" and "Addirianal Insured", and BORROWER shall deliver to COUNCIL from time to time at COUNCIL'S Page 12 request certificates of Insurance or policies setting forth: all business insurance then in effect. Policies shall be endorsed to prrovide that the COUNCIL shall be provided with thirty (30) days advance written notice of any cancellation, suspension or reduction in limits. 6.1.6 MAINTENANCE. BORROWER shall keep Property in gaol repair and condition ordinary wear and. tear excepted, and, from time to time make necessary repairs, renewals and replacements thereto so that Property shall be fully and efficiently preserved grid maintained in a commercially reasonable manner. 6.1.7 TAXES AND OTHER LIABILITIES. BORROWER shall pay and discharge before delinquency any and all indebted obligations, assessments, taxes real and personal, including federal and state payroll and income taxes, except such as BORROWER may in good faith contest or as to which a bona fide dispute may arise; provided provision is made to the satisfaction of COUNCIL for eventual payment thereof in the event that it is found that the same is an obligation of BORROWER 6.1.8 LITIGATION AND LIENS. BORROWER shall promptly give notice in writing to any litigation pending or to its knowledge threatened against BORROWER ar Property involving in excess of Five Hundred Thousand Dollars ($500,000.00). Furthermore,. BORROWER shall not allow any liens to be filed against the property. In the event a lien is fled, BORROWER shall within thirty (30} days of the recordation of the lien, satisfy it or transfer it to a bond. 6.1.9 NON-DISCRIMINATION AND EQUAL OPPORTUNITY. BORROWER shall comply with the statutes prohibiting discrimination on the, .grounds of race, color, national origin, sex and disability. In addition, BORROWER will undertake goad faith efforts in compliance with 40 CFR §35.6580 to give opportunities far qualified Small Business Enterprises (SBE), Minority Business Enterprises (MBE) and Women-Owner Business Enterprises (WBE} to submit proposals, bids, and provide services on contracts and subcontracts for services and supplies. BORROWER shall submit a report of such efforts. 5.1.10 DEBARMENT AND SUSPENSION. The BORROWER certifies that BORROWER and Contractor: (a) Are not presently or proposed to be debarred or suspended, declared ineligible; or voluntarily excluded from Federal, State of Florida or local (hereafter "public") transactions; (b) Have not within a three (3) year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud ar a criminal offense. in connection with obtaining, attempting to obtain, or performing a public transaction ar contract under a public transaction; violation of Federal or State of Florida antitrust or commission of embezzlement, theft, forgery; bribery, falsification or Page 13 destruction of records; making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a public entity with commission of any of the offenses enumerated under Paragraph 6.1.11 {b) of this Agreement; and (d) Have not within the preceding three (3) years had a public transaction terminated for cause or default. b.1.I1 ENVIRONMENTAL COMPLIANCE. BORROWER certifies that it is not currently, nor has been, subject to any penalties resulting from environimental non-compliance at the Property. BORROWER further certifies that it will conduct its BCRLF Project Response Action activities in accordance with the COUNCIL'S BCRLF Project Response Action Revolving Loan Fund Program Guidelines, and will modify the BCRLF Project Response Action activities, as necessary and as reasonably determined by the COUNCIL, based on unforeseen site conditions or public involvement requirements. b.1.12 NOTICE TO CHANGE IN WORD PLANS. If the COUNCIL reasonably determines that it is necessary to modify the Work Plan. based on public comments or new information, the BORROWER will amend the Work Plan. BORROWER will immEdiately report in writing. any potential changes to the Work Plan and the discovery of hazardous substances, pollutants or contaminants not identified. in the Work Pian. AlI changes or modification to the Project or the Project Documents shall be approved in writing by the OSC and the COUNCIL prior to such change or rnadification becoming effective. All additional costs incurred as the result of any change orders define shall be the responsibility of BORROWER, In the event that unforeseen conditions are discovered during the project implementation, the COUNCIL reserves the right to revise the BCRLF Response Action. and the Project Documents, which the BORROWER must implement in a commercially reasonable manner. All costs resulting from revisions to the Response Action are the responsibility of the BORROWER. 6.1.13 COMPLETION OF PROJECT. BORROWER shall begin the project within ninety (90) days and will. complete all work included. in the Work Plan within 3b4 days from the Effective Date. BORROWER agrees to complete the work in a timely manner in accordance with the Work Plan and Budget. BORROWER shall notify the COUNCIL when the Work Plan is complete. The notice shall contain certification or documentation necessary to prepare a BCRLF Project Response Action Closeout Report developed in accordance with Section 3QO.I65 of the NCP. The report shall summarize the actions taken, the resources committed and the problems encountered incompletion of the Project, if any. 6.1.14 Payment; Covenant to Budget and A~pronriate. The BORROWER covenants that it shall duly and punctually pay the principal of the Loan and the interest Page 14 thereon on the dates, at the place and in the manner {and sub,~ect to the limitations) provided herein according to the true intent and meaning thereof. The BORROWER covenants and agrees, to the extent permitted by and in accordance with applicable law and budgeting. process, that so long as the Loan shall remain unpaid, it will prepare, approve and appropriate in its annual budget, by amendment, if necessary, Non-Ad 'Walorem Revenues in an amount sufficient to pay the principal of and interest on the Loan as the same shall become due. In the event that the amount previously budgeted for such purpose is at any time insufficient to pay such ,principal and interest on the Loan, the BORROWER covenants to take immediate action to amend its budget so as to budget and appropriate an amount of Non-Ad Valorem Revenues sufficient to pay such debt service on the Loan. Such covenants to budget and appropriate shaI1 be cumulative to the extent not paid and shall continue until amounts cuff cient to make all required payments have been budgeted, appropriated and used to pay such debt service on the Loan. All proceeds, if any, from the sale or transfer of all or a portion of the Property within the boundaries of the CRA must be used to pay down the principal on the Loan. 0.1.15 Notice of Defaults. The. BORROWER shall within ten {10) days after it acquires knowledge thereof, notify the COUNCIL in writing upon the happening,. occurrence, or existence of any Event of Default, and any event or condition which with the passage of time or giving. of notice, or both, would constitute an Event of Default., and shall provide the COUNCIL with such written notice, a detailed statement by a responsible officer of the BORROWER of all relevant facts and the action being taken or proposed to be taken by the BORROWER with respect thereto. b.1.16 Maintenance of Existence. The BORROWER covenants that it will take all reasonable legal action within its contrpl in order to maintain its existence and to not reduce its boundaries until all amounts due and owing from the BORROWER to the COUNCIL, hereunder have been paid in full. 6.1.1'7 Records. The BORROWER agrees that any and all records of the BORROWER shall be open to inspection and copying. by the COUNCIL or its representatives at all reasonable times at the offices the BORROWER 6.1.18 Notice of Liabilities. The BORROWER shall promptly inform the COUNCIL of any actual or potential contingent liabilities ar pending or threatened litigation of any amount that could reasonably be expected to have a material and adverse affect upon the financial condition of the BORROWER. ARTICLE VII NEGATIVE COMMENTS Page 15 7.1 BORROWER further covenants that so long as BORROWER is indebted to COUNCIL under this Agreement until payment in full of the amounts owed to the COUNCIL hereunder, BORROWER will not without prior written consent of COUNCIL use Loan proceeds other than far .activities approved under the COUNCIL's Brownfields Cleanup Revolving Loan Fund Program Guidelines. ARTICLE VIII EVENTS OF DEFAULT $.1 The following shall constitute EVENTS OF DEFAULT: 5.1.1 Default by BORROWER in any payment when due of principal or interest hereunder. 8.1.2 Any representation or warranty made by BORROWER hereunder proven at any time false or misleading as of the date made in any material respect. $.1.3 Use of the proceeds of the Loan for a purpose other than that associated with cleanup activities. 8.1.4 Default by BORROWER in the performance of any other term, covenant or agreement contained herein which default is not cured within thirty (30) days from notice of its occurrence. $.1.5 The failure of BORROWER promptly to pay and discharge any judgment, lien, or levy of any attachment, execution or other process against the assets of BORROWER, and such judgment not be satisfied, or such levy or other process be not removed. within thirty (30) days after the entry or levy thereof, or at least five (5} days prior to the time of any proposed sale under any such judgment or levy. 8.1.6 BORROWER shall be adjudicated as bankrupt or insolvent, or shall consent to or apply for the appointment by a receiver, trustee or liquidator of itself or any of its property, or shall admiit in writing its inability to pay .its debts generally as they become due, or shall make a general assignment for the benefit of creditors, or shall file a voluntary petition in bankruptcy ar a voluntary petition or an answer seeking reorganization or amaxagement in a proceeding under any bankruptcy law, or BORROWER arrangement in a proceeding under any bankruptcy law. $.1.7 Sale of all or a portion of the Property without prior approval of the COUNCIL. S.2 ACCELERATION. If an Event of Default shall occur, any indebtedness of BORROWER under this Agreement shall, at COUNCIL'S option, and without notice, become immediately due and payable without presentment, notice or demand, all of which are hereby expressly waived- by .BORROWER, and the obligations, if any of Page I6 COUNCIL to permit further borrowings hereunder shall immediately cease and terminate. $.3 SECURE SITE. In the event of default, BORROWER shall have the option to secure the site. The cost of securing the site is the- responsibility of the BORROWER. If BORROWER fails to secure the site within twenty-four (24) hours., COUNCIL may do so of the BORROWER's sale cost. ARTICLE IX REMEDIES OF COUNCIL 9.1 Upon. the. occurrence of anyone or more of the Events of Default and at any time thereafter until cured, 9.1.1 COUNCIL may exercise any and all of the rights, power, privileges and remedies provided. in this Agreement. 9.1.2 Upon the- occurrence of any .Event of Default, COUiVCIL may exercise, singly or in combinafiion, any or all of the rights, powers and privilege provided in this Article IX and all other remedies available to fibs COUNCIL at law or in equity, at any time and from time to time and such exercise shall not constitute a waiver of any of COUNCIL'S rights or remedies thereunder whether or not the indebtedness shall be due and payable and whether or not COUNCIL . 9.1.3 COUNCIL shall be entitled to exercise all other remedies, provided to COUNCIL under this Agreement and under Florida law, including, but not limited to: (a} Appointing a receiver; (b) Commencing a suit in equity or other appropriate proceedings for specific performance or an injunction against a violation of this Agreement; or (c) Taking possession of the Property and. performing any and all work and labor necessary to complete the Work Plan in which event expenditures therefore shall be deemed an additional. loan to BORROWER, .payable on demand, bearing interest at the maximum rate allowed by law. ARTICLE X INDEMNIFICATION 10.1 BORROWER shall, at BORROWER'S expense, defend, indemnify, and otherwise hold COUNCIL, its officers, employees and agents harmless against any and all claims,. demands, losses,. expenses, damages (general, punitive or otherwise) and causes of action (whether legal or equitable in nature} asserted by any person, firm, corporation, or other entity and arising out of or caused by BORROWER'S actions or inactions with regard to the Property, or by the use of the proceeds of the Laan up to the loan amount plus the costs referred to herein. BORROWER shall pay COUNCIL upon demand all claims, judgments, damages, lawsuits or expenses (including reasonable legal expenses) incurred Page 17 by COUNCIL as a result of any legal action arising out of or caused by this Agreement ar any other loan documents related to the Loan, or by the use of the proceeds of this Loan. Provided, however, BORROWER shall not be liable for settlements obtained without its. consent. ARTICLE XI MISCELLANEOUS 11.1 WAIVER. No delay or failure- of COUNCII, in exercising. any right, power privilege hereunder shall affect such right, power or privilege; nor shall any single or partial exercise thereof of any abandonment or discontinuance of steps to enforce such a right,. power or privilege affect such right, power or privilege. The rights and remedies of COUNCIL hereunder are cumulative and not exclusive. Any waiver, permit, consent or approval of any kind by COUNCIL, , of any breach or default hereunder or any -such waiver of any provisions or conditions hereof, must be in writing and shall be effective only to the extent set forth in writing. 11.2 SUCCESSORS. This Agreement shall be binding upon the permitted assigns or successors of BORROWER and COUNCIL. This Agreement. shall not be assigned or transferred by BORROWER without the written consent of COUNCIL and any purported assignment or transfer without such prior written consent shall be void. 1 I.3 NOTICES. All notices, requests and demands .given to or made upon the respective parties under this Interlocal Agreement shall be deemed to have been given or made when deposited in the mail, first class postage prepaid, and addressed as follows: BORROWER: Frank Wheat, Chair Delray Beach Community Redevelopment Agency 20 North Swinton Avenue Delray Beach, Florida 33444 Telephone No. (561) 2768640 Facsimile Na. (561) 276-8558 COPY TO: City of Delray Beach City Attorney 100 Northwest 1$` Avenue Delray Beach, Florida 33444 Telephone No. (561) 243-7091 Facsimile No. (561) 278-4755 COPY TO: John E. Aurelius, Esq. rohn E. Aurelius, P.A. 4367 North Federal Highway, Suite 101 Fort Lauderdale, FL 33308 Telephone Na. (954} 772-8222 Facsimile No. {954) 7728759 COUNCIL: Cheryl D. Cook Page 18. South Florida Regional PIanning Council 3440 Hollywood Boulevard, #140 Hollywood, Florida 33021 Telephone No. (954) 985-4416 Facsimile No. (954) 985-4417 COPY TO: Mark Raymond Holland & Knight LLP 222 Lakeview Avenue, Suite 1000 bleat Palm Beach, Florida 33401 Telephone No. (561) 833-2000 Facsimile No. (561} 650-$399 11.4 ATTORNEY'S FEES. BORROWER will reimburse COUNCIL fox all costs expenses and reasonable attorneys' fees expended or incurred by COUNCIL in enforcing this Agreement, in actions for declaratory relief in any way related to this Agreement, or in collecting any sum which becomes due the COUNCIL under this Agreement. 11.5 TIME. Time is of the essence with respect to the obligations arising hereunder. 11.6 EXHIBITS. All Exhibits mentioned in this Agreement shall be deemed incorporated herein byreference as though fully set forth herein. 11.7 RELATIONSHIP. The relationship of COUNCIL and BORROWER is that of COUNCIL and borrower. No party hereto intends to create any other relationship hereby, and the parties disavow and negate any intention to create a partnership or joint venture hereby. 11.8 ENTIRE AGREEMENT; MISCELLANEOUS (a) The terms and conditions of this Agreement, all exhibits attached and any documents expressly incorporated by reference represents the entire Agreement between the parties with respect to the subject matter of this Agreement. This Agreement shaI1 supersede any prior action agreements, oral or written, regarding the subject matter between COUNCIL and BORROWER. No other action agreement, contract, statement; or promise relating to the subject matter of this Agreement shall be valid or binding except by a written amendment to this Agreement. This Agreement shall control except where Federal statute or regulation are controlling. (b) A copy of this Agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida and Broward County, Florida in accordance with Section 163.01(11), Florida Statutes. (c) Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and, in Page 19 making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. (d) S.everability. If any clause, provision ar section of this Agreement shall be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any other provisions or sections hereof, and this Agreement shall be construed and enforced to the end-that the transactions contemplated hereby be effected and the obligations contemplated hereby be enforced, as if such illegal or invalid clause, provision or section had not been contained herein. (e) Term of Agreement. Except as otherwise specified in this Agreement, this Agreement and all representations, warranties, covenants and agreements contained herein or made in writing by the BORROWER in connection herewith shall be in full force and effect from the date hereof and shall continue in effect until as long as any amount is outstanding. (f) Entire Agreement. Except as otherwise expressly provided, this Agreement embodies the entire agreement and understanding between the parties hereto and supersede all prior agreements and understandings relating. to the subject matter hereof. (g) Further Assurances. The parties to this Agreement will execute and deliver, or cause to be executed and delivered, such additional or further documents, agreements or instruments and shall cooperate with one another in all respects for the purpose of carrying out the transactions contemplated by this Agreement. (h) Effective Date. This Agreement shall be effective on the Effective Date. l l.9 Loan Not to be General Obli anon or Indebtedness of the BORROWER. The Loan shall not be deemed to constitute general obligations or a pledge of the faith and credit of the BORROWER, the State of Florida or any political subdivision thereof within the meaning of any constitutional, .legislative or charter provision or limitation, but shall be payable solely from and secured by a lien upon and a pledge of the Covenant Revenues, in the manner and to the extent herein provided. The COUNCIL shall not have the right,. directly or indirectly, to require or compel the exercise of the ad valorem taking power of the State of Florida, Palm Beach County or any other political subdivision of the State of Florida ar taxation in any form on any real. or personal property for any purpose, including, without limitation, for the payment of principal of and interest on the Laan or to maintain or continue. any activities of the BORROWER which generate user service charges, regulatory fees or other non-ad valorem revenues, nor shall the COUNCIL be entitled fio payment of such principal and interest .from any other funds of the Borrower other than Non-Ad Valorem Revenues budgeted and appropriated by the BORROWER for payment on the Loan and proceeds, if any, from the sale and transfer of all or a portion of the Property, all in the rnannex and to the extent herein provided. The BORROWER has na taxing. power. The Loan shall not constitute a lien upon any real or personal property of the BORROWER, or any part thereof, or any other tangible personal property of or in the BORROWER, but shall constitute a lien only on the Non-Ad Valorem Revenues budgeted -and Page 20 appropriated by the BORROWER far payment on the Loan and proceeds,. if any, from the sale and transfer of all or a portion of the Property, all in the manner and the extent provided herein. [Signature Pages Follow] Page 2l IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date first hereinabave written. COUNCIL: SOUTH FLORIDA REGIONAL PLANNING COUNCIL By: Carolyn A. Dekie; Executive Director APPROVED AS TO LEGAL FORM: BY: Holland & Knight LLP BORROWER Delray Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S. (CRA) agency By: Mr. Frank Wheat, Chair ATTEST: (Seal) By: Board Secretary Delray Beach Community Land Trust, Inc. a Florida not-for-profit corporation By: Name: Page- 22 EXHIBIT "A" LEGAL DESCRIPTION # 5391127_vl0 Legal Description. Lot No. Carver Square Lot 11 Carver Square Lot 12 Carver Square Lot 13 Carver Square Lot 14 Carver Square Lot 1 S Carver Square Lnt 16 Carver ,Square Lat 17 Carver Square Lat 18 Carver Square Lot 19 Carver Square Lot 20 Carver Square Lot 21 Carver Square Lot 22 Carver Square Lot 23 Carver Square Lot Z4 Carver Square Lat 2S Carver Square Lots 26 & 27 Carver Square Lot Z8 Carver Square Lot 29 Carver Square Lot 30 Property Controlll~umber 12-43-46-I7-31-D00-0110 I2-43-46-17-31-000-0120 12-43-46-17-31-000-0130 12-43-46-17 31-DOD-0140 12-43-46-17-3I-ODO-0150 12-43-46-17-31-DOD-OI d0 12-43-46-17-31-000-0170 12-43-4f-17 3I-DOD-01&D 12-43-46-17-31-000-019D 12-43-46-17-31=000-0200 12-43-46-17-31-000-0210 12-43-46-17-31-000-0220 12-43-4d-17-31-ODD-0230 12-43-46-17-31-ODD-024D 12-43-46-17-31-ODD-0250 12-43-46-17-3I -ODD- 0260 12-43-46-17-31-000- 0280 12-43-46-17-31-ODD- 0290 12-43-46-17-31-ODD-O30D Page 23