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Agenda Reg 10-01-02
City of Delray Beach Regular Commission Meeting Tuesday. October 1, 2002 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULE8 FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. 81GN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRE88ING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. o ROLl. C.aT.L. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: September 17, 2002 - Regular Meeting PROCLAMATIONS: Recognizing and Commending Matthew Boyar - Ocean Rescue Division Recognizing and Commending Mark Henlde - Ocean Rescue Division Wally "Famous" Amos Day - October 1, 2002 Florida City Government Week - October 20, 2002 - October 26, 2002 Make A Difference Day - October 26, 2002 PRESENTATIONS: RESOLUTION NO. 78-02: Recognizing and Commending William Dennis Murray for 30 years of dedicated service to the City of Delray Beach. RESOLUTION NO. 79-02: Recognizing and Commending Bill Rego for 30 years of dedicated service to the City of Delray Beach. De[ray Beach Cultural Loop - Glen Weiss CONSENT AGENDA: City Manager Recommends Approval. A0 FINAL SUBDIVISION PLAT APPROVAL/SAN SEBASTIAN: Approve the subdivision plat for San Sebastian located at the southeast and southwest comers of N.E. 5th Avenue (southbound Federal Highway) and N.E. 3rd Street. ACCEPTANCE OF A RIGHT-OF-WAY DEED/MANAGEMENT SYSTEMS: Approve and accept a tight-of-way deed with Management Systems Development located at the southwest comer of N.E. 1st Avenue and N.E. 2na Street, within the Old School Square Historic Arts District (OSSHAD). SERVICE AUTHORIZATION NO, 3/ECKLER ENGINEERING, INC.: Approve Service Authorization No. 3 to Eckler Engineering, Inc. for design of the Lift Station Six (6) Force Main relocation in the amount of $46,000.00. Funding is available from 442-5178-536-65.75 (Lift Station 6, Force Main Improvement Project). -2- 10-01-2002 E0 G0 Ho CHANGE ORDER NO, 2/FINAL PAYMENT/CHAZ EOUIPMENT. INC.: Approve Change Order No. 2 in the amount of a $12,414.00 decrease, and final payment in the amount of $9,043.00 to Chaz Equipment, Inc. for N.E. 4~ Street Widening Project. Funding is available from 334-3162-541-65.19 (General Construction Fund/NE 4~' Street) and 442-5178-536-65.02 (Water/Sewer/NE 4~ Street). CHANGE ORDER NO. 3/FINAL PAYMENT/COLONNA CONSTRUCTION CO.: INC.: Approve Change Order No. 3 in the amount of a $30,708.45 decrease, and final payment in the amount of $97,170.00 to Colonna Construction Co., Inc. for Community Improvement Sidewalks Project. Funding is available from 334-3162-541-63.11 (General Construction/Bikepaths/Sidewalks), 334- 6111-519-63.89 (Neighborhood Enhancements), and 118-1965-554-63.11 (Community Development Fund/Bikepaths). CONTRACT ADDITION/RPM GENERAL CONTRACTORS, INC.: Approve a Contract Addition (C.O. #2) to the ESD/Police Depa~uxxent Interior Modifications Project in the amount of $36,828.99 to RPM General Contractors, Inc. for the rebuilding of the cupolas at Fire Headquarters to repair termite and water damage. Funding is available from 334-6112-51%46.10 (Building Maintenance) and 441-5123-536-34.90 (Other Contractual Services). RESOLUTION NO. 80-02: Approve Resolution No. 80-02 assessing costs for action necessary to abate nuisances on fourteen (14) properties throughout the City. WATER SERVICE AGREEMENT/DEVCO PLAZA: Approve the water service agreement for an unincorporated County parcel, Devco Plaza, a proposed 14,510 square feet office building, located at the southwest comer of West Atlantic Avenue and Markland Lane. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for planning services in the amount of $60,000.00. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for funding staff support for the West Atlantic Redevelopment Coalition (WARC) in the amount of $33,350.00. CONTRACT EXTENSION/PUBLIC FINANCIAL MANAGEMENT, INC.: Approve a contract extension between the City of Delray Beach and Public Financial Management, Inc. as the City's Financial Advisor for a two (2) year term including termination with or without cause by either party upon thirty (30) days notice of termination. -3- 10-01-2002 CONTRACT/BEAR STERNS: Approve a contract between the City of Delray Beach and Bear Stems as the City's underwriter for a term through the closing date of two (2) proposed refunding issues with payment of service to be negotiated and made at closing. Mo EXTENSION OF CONTRACT/BANK OF AMERICA: Approve an extension of the contract between the City of Delray Beach and Bank of America for banking services at current pricing through September 30, 2004. FUNDING AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve a funding agreement between the City of Dekay Beach and Children's Services Council (CSC) in the amount of $130,328.00 for the City's out of school program, day camps, and summer camp programs. HABITAT FOR HUMANITY AGREEMENT; Approve an agreement between the City of Delray Beach and Habitat for Humanity for acquisition of three available lots for homeownership opportunities for low-income residents in a total amount not to exceed $31,500.00. Funding is available from 118-1924-554-61.10 (Ship Land Acquisition). P0 REVIEW OF APPEAl.ABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 16, 2002 through September 27, 2002. Q. AWARD OF BIDS AND CONTRACTS: Bid award to Reed Landscaping, Inc. for Lake Ida Road irrigation and landscaping in the amount of $382,845.88. Funding is available from 119-4151- 572-63.20 (Beautification Trust Fund/Landscaping). Bid award to various vendors for pipe fillings at an annual cost of $166,184.58. Funding is available from various deparunental operating budgets. Emergency Bid Award to Florida Detroit Diesel Allison for the rebuilding of a fire truck engine (vehicle #8834) in the amount of $15,666.27. Funding is available from 501-3311-591-52.52 (Central Garage Fund). REGULAR AGENDA: Ao APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/DUVAIJ~ PLACE: Consider an appeal of a decision of the Site Plan Review and Appearance Board's action regarding approval of a waiver of the sight visibility triangle at the intersection of the driveway and the north/south alley for Duvall Place, located on the west side of S.E. 6~' Avenue (northbound Federal Highway), approximately 147 feet south of S.E. 1~t Street. (Quasi-Ju&'cialHearing) -4- 10-01-2002 10. Bo APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of a decision of the Historic Preservation Board's action regarding the existing accessory structure located at 610 North Ocean Boulevard (Fontaine Fox House). (OuaM-Judt'cial Hearing) Co RECOMMENDATION OF SITE PLAN REVIEW AND APPEARANCE BOARD/PANERA BREAD CAFI~: Consideration of an architectural elevation modification pursuant to Section 4.6.18(B)(13) Land Development Regulations, for the proposed Panera Bread Caf~ (formerly Red, Hot, and Blue Restaurant) located within Old Harbor Plaza at the northeast comer of Linton Boulevard and South Federal Highway. REQUEST FOR IN-LIEU PARKING SPACES/VII.I.&GE WALK: Consider a request by Village Walk for the purchase of three (3) in-lieu parking spaces in the amount of $36,000.00. Village Walk, a proposed ten (10) unit townhome development, is located on the east side of N.E. 4th Avenue, 153 feet south of N.E. 1st Street (6S N.E. 4* Avenue). Eo NEW ATLANTIC HIGH SCHOOL/STUDENT CAPACITY: Consider approval of 2,500 student stadons for Adantic High School allowing the establishment of new career academics and additional capacity for Delay Beach students. CONTRACT AWARD TO CHAZ EOUIPMENT~ INC.: Consider approval of a contract award to Chaz Equipment, Inc. for Sanitary Sewer Manhole Interior Rehabilitation at an estimated annual cost of $50,000.00. Funding is available from 442- 5178-536-61.84 CManhole Rehabilitation). BID AWARD/VARIOUS VENDORS: Consider approval of Bid #2002-29 to various vendors for the purchase of automotive parts at an annual cost of $60,000.00. Funding is available from various departmental operating budgets. GRANT REQUEST/ATLANTIC GROVE REDEVELOPMENT PROJECT: Consider a request for waiver of building permit fees in the amount of $1S0,000.00 from the DeLray Community Development Corporation (CDC) and the Center for Technology, Enterprise and Development, Inc. (TED Center) regarding the Atlantic Grove Redevelopment Project. PUBLIC HEARINGS: Ao ORDINANCE NO. 44-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.21(8) and Section 4.3.4(K) "Development Mat. mx" relating to the open space requirements for properties zoned CF (Community Facilities) located within the West Atlantic Avenue Redevelopment Area. -5- 10-01-2002 11. Bo ORDINANCE NO. 47-02 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2002-02): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2002-02 and associated Future Land Use Map (FLUM) amendment, and authorize transmittal to the State Department of Community Affairs. Amendment 2002-02 includes: · Modification of the definitions' section of the Public Schools Facilities Element, by adding numerous new definitions. Modification of Policy B-2.1 of the Future Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of the automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CBD (Central Business District). · Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the Beach Renourishment Project. Modification of the Introduction and Summary of Major Features (Planning Area subsection), Objective B-3 and Policies B-3.1 and B-3.2 of the Future Land Use Element, regarding the provision of services to land within the planning area. Privately initiated Future Land Use Map amendment from LD (Low Density Residential, 0-5 du/ac) to CC (Commercial Core) and rezoning from R-l-AA (Single Family Residential) to CBD (Commercial Business District) for a parcel of land located on the north side of S.E. 4~h Street, approximately 127 feet east of S.E. 6~h Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. ORDINANCE NO. 45-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.3.2 "Prohibited Uses" and Section 4.3.3(DD) to provide for the prohibition of the sale of drug paraphernalia and the operation of drug paraphernalia businesses. Do ORDINANCE NO. 46-02: An ordinance amending Chapter 33, "Police and Fire Departments" Sections 33.20 - 33.67, of the City Code of Ordinances to change the term "Fire Department" to "Fire-Rescue" Depat~nent to accurately reflect work performed. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS PUBLIC - IMMEDIATELY FOLI-OWING PUBLIC HEARINGS. FROM THE A. City Manager's response to prior public comments and inquiries. B. From the Public. -6- 10-01-2002 12. FIRST READINGS: 13. ORDINAN{~E NO, 42-02: An ordinance amending Chapter 2, "Administrative Provisions", Article 2.4 "General Provisions" Section 2.4.3(K)(2) "Plan Check Fees", and Section 2.4.3(K)(3) "Permit Fees", of the Land Development Regulations to provide for an increase. If passed, a public hearing will be scheduled for October 15, 2002. ORDINANCE NO. 51-02: An ordinance modifying the Special Activities District (SAD) ordinance and Silver Terrace Redevelopment Plan to allow Single Family detached dwellings on lots lying within Blocks 2 and 3 of the Silver Terrace Subdivision fronting on Dixie Highway (except comer lots) to take access from Dixie Highway. If passed, a public hearing will be scheduled for October 15, 2002. ORDINANI~E NO. 52-02; An ordinance rezoning from R-l-AA (Single Family Resident/al) to CBD (Central Business District) for a parcel of land located on the north side of S.E. 4th Street, approximately 127 feet east of S.E. 6th Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. If passed, a public hearing will be scheduled for October 15, 2002. ORDINANi~E NO. 49-02; An ordinance rezoning from County AR (Agricultural Residential) in part, CG (General Commercial) in part, and RTU (Residential Transitional Urban) to City PRD (Planned Residential Development) in part and PC (Planned Commercial) in part for eleven parcels of land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military Trail. If passed, a public heating will be scheduled for October 15, 2002. ORDINANCE NO. 50-02: An ordinance rezoning from County PUD (Planned Unit Devdopment) to City PRD (Planned Residential Development) for a 34.6 acre parcel, the Winterplace Subdivision (now known as the Colony at Delray Beach), located at the southeast comer of Military Trail and the L-30 Canal. If passed, a public heating will be scheduled for October 15, 2002. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission PO8TED: SEPTEMBER 27, 2002 10-01-2002 SEPTEMBER 17~ 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 17, 2002. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson Mayor David W. Schmidt Absent - None Also present were ~ David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk 2. The opening prayer was delivered by Rabbi Suzanne Carter, Chief Chaplin with the Delray Beach Fire and Police Department. The Pledge of Allegiance to the flag of the United States of America was given. 4~ AGENDA APPROVAL. The City Manager noted that Item 6.A., Proclamation recognizine and commendin~ Matthew Boyar - Ocean Rescue Division be postponed until the Regular City Commission Meeting of October 1, 2002. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mayor Schmidt noted two typographical errors to page 18 of the Minutes of the Regular Meeting of September 3, 2002. The words "Savior Homes Amendment" should read "Save Our Homes Amendment" and the word "looses" should be "loses". 3, 2002, follows: Mr. Perlman moved to approve the Minutes of the Regular Meeting of September as corrected, seconded by Mrs. Archer. Upon roll call the Commission voted as Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of September 10, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: 6oAo Recognizing and Commending Matthew Boyar - Ocean Rescue Division. This proclamation has been postponed to the Regular City Commission Meeting of October 1, 2002. 6.a. Team Recounizinu and Commending the Delra¥ Beach Ocean Rescue Competition. Mayor Schmidt read and presented a proclamation hereby recognizing and commending the first place winners and members of the Ocean Rescue Competition Team for their superior achievement and their representation of the City of Delray Beach and offered them congratulations on a job well done in the United States Lifesaving Association 2002 National Lifesaving Championships. Heather Irurzun, EMT, came forward to accept the proclamation. Bob Taylor, Ocean Rescue Superintendent, stated on behalf of the Ocean Rescue Competition Team, he thanked the Commission for this great honor. First Place Winners: Operations Supervisor Heather Irurzun, EMT Ocean Rescue Officer Amy Schwarz, EMT For Superior Achievement: Ocean Rescue Officer Bethanne Schwarz, EMT Ocean Rescue Office Mark Henkle, Paramedic - EMT Ocean Rescue Officer Mason Pearce, EMT 6.C. UniW. in the Communitv Month - October 2002 Mayor Schmidt read and presented a proclamation proclaiming October 2002 as Unity in the Community Month in the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. Janet Meeks, Education Coordinator, stated October is going to be an exciting month for the community of Delray Beach and its residents. Mrs. Meeks briefly explained the events that will be going on in October. Mrs. Meeks stated Famous Amos will be here on -2- 9/17/02 October I, 2002. October 2, 2002, will be "Walk and Ride Your Bike to School Day" which is a safety awareness program highlighting Banyan Creek Elementary School. Volunteers will be out early in the morning to help students walk to school and those children will present a survey to the Commission of any problems they may encounter on their walk to school in an effort to make it easier for them to get to school in the morning. October 3, 2002, will be "Fall Residents Academy Kick-Off Session", and October I0, 2002, "Lights on After School" stressing the awareness and importance of the After School Program highlighting the City of Delray Beach After School Program. On October 15, 2002, Mrs. Meeks stated a few proclamations will be brought before the Commission recognizing Eula Mason-Berry for her ten years of service at Plumosa Elementary School (who has now moved to Crosspointe Elementary School) and S.D. Spady and Morikami will be recognized for achieving A's on their FCAT scores. In that same evening, if ready, the survey from "Walk and Ride Your Bike to School Day" will be presented to the Commission. The week of October 15th or shortly thereafter, there will be a dedication of the "505 Building" (Teen Central) and on October 23rd there will be a "Community Dinner" where two unlikely neighborhoods will come together and get to know their neighbors and leaders. At this dinner, Mrs. Meeks stated a neighborhood grant in the amount of $2,000 will be given away for the neighborhood that has the highest attendance and they will be able to do any improvement to their neighborhood that they feel is necessary. 6.9. Walk Our Children to School Day - October 2~ 2002 Mayor Schmidt read and presented a proclamation proclaiming October 2, 2002, as Walk Our Children to School Day in the City of Delray Beach, and encourage all citizens to consider the safety of pedestrians that day and everyday. Jim Smith stated on behalf of Jane King, School Coordinator, and Officers Jeff Messer and Jim Finley of the Delray Beach Police Department, he would like to thank Mayor Schmidt for this proclamation and Commissioner McCarthy for proposing it. In addition, Mr. Smith thanked the Progressive Residents of Delray (PROD) for their financial support and their personal commitment for the walk, extended a special thanks to Alexis Lee of Florida Atlantic University Safe Kids Coalition for her County-wide support of this program, and thanked everyone involved for their generous support. PRESENTATIONS: None. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 71-02: Approve the abandonment of the 16' north-south alley within the Blank-Nichols Subdivision together with the 16' north-south alley running through the center of the north 87.5 feet of the south half of Block 120, Town of Delray Plat, for the proposed Meridian mixed-use development. The caption of Resolution No. 71-02 is as follows: -3- 9/17/02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL OF THE 16-FOOT ALLEY LYING WITHIN BLANK- NICHOLS SUBDWISION (PB 13, PG 28) TOGETHER WITH A 16- FOOT ALLEY RUNNING THROUGH THE CENTER OF THE NORTH 87.5 FEET OF THE SOUTH HALF (S ½) OF BLOCK 120, TOWN OF DELRAY, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 71-02 is on file in the City Clerk's office.) 8.B. INDEPENDENT CONTRACTOR AGREEMENT/FIRST NIGHT 2003: Approve an agreement between the City and Katherine Smith in the amount of $3,000.00 for management and administrative services for the First Night 2003 Event. 8oC. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANTS/CATHERINE STRONG CENTER & BARWICK PARK: Authorize the acceptance of two (2) grants from Florida Recreation Development Assistance Program (FRDAP); Catherine Strong Center grant in the amount of $107,250.00 for tennis courts and Barwick Park grant in the amount of $50,000.00 for playground equipment. 8.D. HOLIDAY TREE EXHIBIT AGREEMENT: Approve an agreement between the City and Joint Venture delineating responsibilities for the Holiday Tree Exhibit. 8.E. IN-LIEU PARKING FEE AGREEMENT/MERIDIAN: Approve an agreement between the City and Mallory II, L.L.C. for the Meridian regarding the refund of in- lieu parking fees if construction of additional parking occurs on the newly acquired parcel adjacent to the subject property. 8.F. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for October 17, 2002 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages. 8.G. EXTENSION TO JEG ASSOCIATES AGREEMENT: Authorize and approve an extension to the agreement between the City and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan until September 30, 2002 and expand the scope of services. 8.H. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve Housing Rehabilitation grant\contract award through Community Development Division in the -4- 9/17/02 amount of $20,758.50 to Henry Haywood (324 SW 11th Avenue). Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant). 8.I. TRI-PARTY AGREEMENT/FIRST NIGHT 2003: Approve an agreement between the City, Joint Venture, and Old School Square and proposed budget for the First Night 2003 Event. g.J. AWARD OF BIDS AND CONTRACTS: 2~ Purchase award to United Compressor in the amount of $34,161.25 for the purchase of a Self Contained Breathing Apparatus Air Compressor and Fill Station under the Palm Beach County Bid #01-192/CB. Funding is available from 334-6112-519-64.90 (Other Machinery/Equipment). Bid award to Florida Network Tours, Inc. in the total amount of $50,710.00 for bus rental and driver service. Funding is available from 001-4106-572-44.90 (Summer Camp), 001-4121-572-44.90 (Special Events), 001-4105-572-44.90 (Afterschool Program), 115-4912-572-55.30 (Rocks Football Away Games), and 001-4121-572-55.30 (Rocks Football Home Games). Bid award to Oceanside Beach Service in the amount of $3,916.00 per month for beach cabana service. Mrs. Archer moved to approve the Consent Agenda, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. WAIVER REQUEST TO REDUCE OPEN SPACE REQUIREMENT/DUVALL PLACE: Consider a request to waive LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.1% open space for Duvall Place, a proposed eight (8) unit townhouse/condominium project located on the west side of S.E. 6th Avenue, approximately 147 feet south ofS.E. 1st Street. (Quasi-JudicialHearing) Mayor Schmidt read into the record a summary of how a quasi-judicial heating is conducted by the City of Delray Beach. The City Attorney stated this item will be conducted as a quasi-judicial heating which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. -5- 9/17/02 The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-308 into the record. Pursuant to LDR Section 4.4.13(F)(2) a minimum of ten percent (10%) non- vehicular open space is required. The proposal provides an 8.1% open space at the ground level and 10.5% on the 2'~a level pool deck area for a total of 18.6%. As the second level is not considered open space, by definition, only 8.1% of open space has been provided and the applicant is seeking a waiver at this time. Mr. Dorling stated the required finding with respect to LDR Section 2.4.7(B)(5) is made in the staff report. At its meeting of September 11, 2002, the Site Plan Review and Appearance Board (SPRAB) recommended approval of the waiver to reduce the required open space from 10% to 8.1% based upon positive findings with respect to LDR Section 2.4.7(B)(5). Jess Sowards~ Architect with Robert G. Currie Partnership~ Inc. 134 N.E. 1st Avenue~ Delray Beach~ stated they are in agreement with staff and he is available to answer any questions the Commission may have. There were no questions from the Commission for the applicant. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding the waiver request, the public heating was closed. There was no cross-examination or rebuttal from neither staffnor the applicant. Mr. Perlman moved to approve the waiver request for Duvall Place from LDR Section 4.4.13(F)(2), to reduce the required 10% open space to 8.1% open space on the ground level of the property, based upon positive findings with respect to LDR Section 2.4.7(B)(5), seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.B. FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZATIONS: Consider approval of the recommended funding allocations for special events and charitable organizations for FY 2003. Robert A. Barcinski, Assistant City Manager, stated this item is before the Commission to consider approval of the recommended funding allocations for special events and charitable organizations for fiscal year 2003. -6- 9/17/02 Mr. Levinson stated that he had a conversation today with the City Manager and he suggested that the City schedule out the waivers for special events because they amount to a significant amount of money. Mr. Levinson moved to approve the recommended funding allocations for special events and charitable organizations for fiscal year 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.C. FLORIDA LEAGUE OF CITIES/CONSTITUTIONAL CHALLENGE PARTICIPATION: Consider a request for the City of Delray Beach to participate in a lawsuit to challenge the constitutionality of the Police Officers' Presumption (SB 108). Mayor Schmidt stated he would support the City joining in the lawsuit as a party. Mrs. Archer concurred with comments expressed by Mayor Schmidt. Mr. Perlman commented that the only city named so far in Palm Beach County is Belle Glade and asked if there are other cities in the County that are considering this. Furthermore, Mr. Perlman asked the City Attorney how much time does she anticipate this taking. In response, the City Attorney stated the time should be minimal. Also, the City Attorney commented that when she originally called the Florida League of Cities she was informed that the lawsuit had been filed. However, she received a call back explaining that they would like to have other participants and therefore stated this may explain the limited list of participants. Mr. Levinson commented that this was discussed very casually at one of the League Meetings and was not discussed in any formal way other than it was made public that there were a number of cities who were participating and that there was a discussion to include others. Mrs. Archer moved to approve the City to pursue the participation in the lawsuit, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No. Said motion passed with a 4 to 1 vote. 9.D. SPECIAL EVENT/HOUDINI: Consider approval of special event request to allow the Houdini Packing Crate Escape to be held on October 26, 2002 at 5:00 p.m., including a temporary use permit per LDR Section 2.3.6(H) for the use of Veterans Park, and authorize staff support for security, EMS assistance, barricading, and signage; contingent on the sponsor paying all City costs and the receipt of a hold harmless agreement. Robert A. Barcinski, Assistant City Manager, stated this is a request to support the performance of the Houdini Packing Crate Escape which will be reenacted in an authentic Houdini trunk to take place in the Intracoastal Waterway on October 26, 2002 at 5:00 p.m. This performance is part of the program that will be going on over the weekend at the Creations Pop -7- 9/17/02 Culture Museum and Creations Home Design Center. Staff assistance has been requested for security and EMS service. The estimated overtime costs are $650 and sign costs are approximately $200 and the sponsor has agreed to pay both costs. In addition, the sponsor has received permission from the Coast Guard and has provided the required insurance certificates. Staff recommends approval of this request, granting a temporary use permit per LDR's Section 2.3.6(6)(H) for the use of Veterans Park, and authorizes staff support as requested contingent on the sponsor paying all City costs and the receipt of a hold harmless agreement. Mrs. Archer moved to approve the special event request to allow the Houdini Packing Crate Escape to be held on October 26, 2002 at 5:00 p.m., seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. REQUEST TO REDUCE LIENS/EDWIN IVY: Consider a re:qhuest to reduce liens on a vacant lot acquired by Edwin Ivy located in the 300 Block of N.W. 5t Avenue. The liens cun'ently total $4,489.03; Mr. Ivy is prepared to pay the remaining lien of $2,792.99, which includes the City's out-of-pocket expenses. Lula Butler, Director of Community Improvement, explained that this is a request fi.om Mr. Edwin Ivy (seller) for consideration of reducing the City liens and that he only be responsible for paying the City's out of pocket costs which total $2,792.99. Mr. Perlman moved to approve a request from Edwin Ivy to reduce liens to cover the City's out of pocket expenses of $2,792.99, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.F. REQUEST TO REDUCE LIENS/RAY MITCHELL: Consider a request to reduce liens on a vacant lot acquired by Ray Mitchell located on S.E. 6th Street. The liens currently total $1,329.11; Mr. Mitchell is prepared to pay the remaining lien of $752.43, which includes the City's out-of-pocket expenses. Lula Butler, Director of Community Improvement, stated this is a request from Ray Mitchell who acquired a vacant piece of property which is located next to his home on S.E. 6th Street. Mr. Mitchell bought the property through a tax certificate sale and paid all back taxes. He purchased the lot in order to enlarge his personal property. Ms. Butler stated this is a buildable lot and she cannot determine any significant hardship other than he does not want to expend any more dollars than he has already paid for the tax certificate and taxes. Prior to the vote, Mr. Levinson stated it is important to note that the amount of $752.43 is not the out-of-pocket expenses. Mr. Levinson stated the administrative fees and recording fees under the City's definition are considered the out-of-pocket expenses. -8- 9/17/02 Mr. Perlman moved to deny the request to reduce liens on a vacant lot acquired by Ray Mitchell located on S.E. 6th Street, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion to deny passed with a 5 to 0 vote. 9.Go REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider acceptance of the actions and decisions made by the Land Development Boards for the period September 2, 2002 through September 13, 2002. The City Manager expressed concern with SPRAB Item I which reads "reduced the site visibility comer at the intersection of the driveway and S.E. 6th Avenue from 20' to 14' and the intersection of the driveway and the north/south alley from 20' to 3'." The City Manager stated he feels this creates a hazardous condition. The City Manager stated he has discussed this with Mr. Dorling and there is one extra parking space and therefore believes things can be moved around to accommodate it. Mayor Schmidt suggested that the Commission appeal Item I and gave direction to the Planning Director to get this worked out with the applicant between now and October 1st. Mr. Perlman moved to approve to appeal SPRAB Item I (first bullet) to be heard on October 1, 2002, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.H. LOAN REPAYMENT REQUEST/EPOCH: Consider a request from Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) regarding payment of the loan balance due to the City. Brahm Dubin, Treasurer of EPOCH, stated EPOCH is a very viable organization and commented that the annual budget for EPOCH is $222,000. The City Manager commented that the current outstanding balance is $52,000. The City Manager stated he has provided the Commission with several different payment options and commented that how they choose to modify the loan arrangement should be up to the discretion of the Commission. Joseph Safford, Finance Director, stated he has reviewed all the financial statements and recommends the alternative for the payments be spread out over a period of time. Mr. Levinson concurred about the City Manager's recommendation (#2) about entering into an agreement allowing for repayment of the loan over a longer period and stated he feels this makes sense on a 15 year basis to stretch the principal reduction. Furthermore, Mr. Levinson stated the only caveat he would add would be rather than place in the document the forgiveness of debt over a 15 year period, he feels this should be left to the discretion of the Commissions as they come along. -9- 9/17/02 Ms. McCarthy moved to approve that the City enter into a new agreement allowing for repayment of the loan over a 15 year period with 0% interest, seconded by Mr. Levinson. At this point, Mr. Levinson suggested that the motion be amended to be a 15 year loan, the first year being $3,000 with the balance of the 14 years being $3,500 because this way it works out to an even number. Ms. McCarthy moved to approve the City entering into a new agreement allowing for repayment of the loan over a 15 year period with 0% interest, the first year being $3,000 and the balance of the 14 years being $3,500, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 41-02: An ordinance rezoning from RM (Multiple Family Residential - Medium Density) to CF (Community Facilities) a parcel of land located on the east side of Gleason Street, approximately 450 feet south of East Atlantic Avenue (39 Gleason Street); associated with the First Presbyterian Church of Delray Beach. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 41-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED APPROXIMATELY 450 FEET SOUTH OF EAST ATLANTIC AVENUE (39 GLEASON STREET), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -10- 9/17/02 Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is conducted by the City of Delray Beach. The City Attomey stated this item will 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. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-287 into the record. Mr. Dorling stated the current request is to rezone a residential property located at 39 Gleason Street recently purchased by the church to be utilized as a facility for Christian Education. At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Randolph absent) to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Staff recommends approval of the ordinance for a zoning designation change from RM (Medium Density Residential) to CF (Community Facilities) based on positive findings with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 41-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 41-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 75-02 {MILLAGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance, and for payment of principal and interest on bonded indebtedness for FY 2003. Prior to consideration of passage of this resolution on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. -11- 9/17/O2 The caption of Resolution No. 75-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAD COLLECTIONS THEREUNDER. (The official copy of Resolution No. 75-02 is on file in the City Clerk's office.) The City Attorney announced that this resolution levies a tax on all properties in the City of Delray Beach for fiscal year 2002-03 as follows: 7.44 mills for operation and maintenance of the General Fund, 0.56 mills for the payment of principal and interest on bonded indebtedness for a total of 8.00 mills as the millage rate. The rolled back rate calculated under the TRIM law for operating purposes is 6.8512 mills. The millage rate is 8.59% above the rolled back rate. 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 Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 75-02, the public hearing was closed. Mr. Perlman commented that in light of the economy, the performance of the pension plan and the fact that we have asked the City Manager to put in a couple of significant positions, he is pleased with the millage rate. Mr. Perlman moved to adopt Resolution No. 75-02 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 76--02 (MILLAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2003. Prior to consideration of passage of this resolution on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 76-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT -12- 9/17/02 AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 76-02 is on file in the City Clerk's office.) The City Attorney stated this resolution levies a tax in the mount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for fiscal year 2002-03. This millage exceeds the 0.9804 rolled back rate calculated under the TRIM law by 2%. 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 Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 76-02, the public hearing was closed. Mrs. Archer moved to adopt Resolution No. 76-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.D. RESOLUTION NO. 77-02 {FY 2003 BUDGET ADOPTION): A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2002 thorough September 30, 2003. Prior to consideration of passage of this resolution on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 77-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2002, TO THE 30th DAY OF SEPTEMBER, 2003; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. -13- (The official copy of Resolution No. 77-02 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt stated he received an email from the City Manager today about the part-time Animal Control Assistant position and asked what the additional time is estimated to be in order to get the Animal Control Officer on the street. Mayor Schmidt stated that the City Manager responded that it would take approximately 2 V2 hours a day on the average. Mr. Levinson stated he talked to the City Manager about prevailing on the County and to possibly look at an alternative method because overall he feels this is a County function. Furthermore, Mr. Levinson reiterated that he would like the City Manager to focus on coming up with an alternative method with the County. Ms. McCarthy stated she is in favor of a part-time Animal Control Officer position. She commented when animals respond to a verbal command it is okay only if the person is there to give the verbal command. Ms. McCarthy commented that there are many dogs running in the streets without leashes or supervision. Ms. McCarthy stated she concurs with comments expressed by Mr. Levinson to pursue this with the County and see if there are additional services that are available to the City so that maybe we can get better control over what is happening. Mayor Schmidt stated considering the budget this year, he cannot support adding a part-time position for an Animal Control Assistant. However, Mayor Schmidt suggested that perhaps the City look at changing its ordinance regarding animals to require that all animals be on a leash. In addition, Mayor Schmidt suggested that the City look into what the County can do. Mrs. Archer concurred with comments expressed by Mayor Schmidt. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 77-02, the public hearing was closed. Mr. Levinson moved to adopt Resolution No. 77-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. IO.D. 1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2003 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. -14- 9/17/02 The City Manager noted a change on page two of the proposed list. Under Parks and Recreation facilities, Plumosa Park has been added at $186,750 which is being funded by the fact that Palm Beach County Commissioner Addie Greene is making money available for street improvements in the Seacrest area. This will free up some of the City's funding to do this park improvement and therefore stated this changes the total to $3,085,750. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Five Year Capital Improvement Plan, the public heating was closed. Mrs. Archer moved to approve the Five Year Capital Improvement Plan, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 38-02: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 1.6% for FY 2003. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. The caption of Ordinance No. 38-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 38-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. At this point, Mayor Schmidt left the dais and passed the gavel to Vice-Mayor Perlman. Vice-Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 38-02, the public hearing was closed. -15- 9/17/02 Mr. Levinson moved to adopt Ordinance No. 38-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.F. ORDINANCE NO. 39-02: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential, and irrigation rates for FY 2003. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. The caption of Ordinance No. 39-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. At this point, Mayor Schmidt returned to the dais. Mayor Schmidt declared the public heating open. There being no one from the audience who wished to address the Commission regarding Ordinance No. 39-02, the public hearing was closed. Prior to the vote, Mr. Peflman noted for the record that this is an unfunded federal mandate. Mr. Levinson moved to adopt Ordinance No. 39-02 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 40-02: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential -16- 9/17/02 and nonresidential/commercial rates for FY 2003. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 40-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-02 is on file in the City Clerk's office.) The City Attomey 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 Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 40-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 40-02 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 43-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by enacting Subsection (M), "Early Retirement Incentive" to establish an early retirement incentive program for eligible employees. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 43-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CREATING A NEW SUBSECTION (M), "EARLY RETIREMENT -17- 9/17/02 INCENTIVE", IN SECTION 35.097; ESTABLISHING AN EARLY RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 43-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 43-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.I. ORDINANCE NO. 44-02 {FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.21(H) and Section 4.3.4(K) "Development Matrix" relating to the open space requirements for properties zoned CF (Community Facilities) located within the West Atlantic Avenue Redevelopment Area. If passed, a second public hearing will be scheduled for October 1, 2002. Prior to consideration of passage of this ordinance, a First Reading/First Public Hearing has been scheduled to be held at this time. The caption of Ordinance No. 44-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION (H), "SPECIAL REGULATIONS", BY ADDING A NEW PARAGRAPH (3) TO PROVIDE FOR A MINIMUM OF 10% NON-VEHICULAR OPEN SPACE FOR CF ZONED PROPERTIES IN THE WEST ATLANTIC AVENUE REDEVELOPMENT AREA; AND BY AMENDING SECTION 4.3.4(K), "DEVELOPMENT MATRIX", TO ADD SETBACK AND OPEN SPACE REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -18- 9/17/02 (The official copy of Ordinance No. 44-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the proposal is to amend the CF zoning district regulations to allow 10% of open space for properties in the West Atlantic Avenue redevelopment area where 25% is currently required. In May of 1995, an amendment to the CBD (Central Business District) regulations reduced the 25% open space requirement for the district to 10% and eliminated open space requirements for properties within one block of East Atlantic Avenue. In 1995, Mr. Dorling stated in response to the recommendations outlined in the West Atlantic Avenue Redevelopment Plan, the open space requirement in the GC zoning district within the West Atlantic Overlay District was reduced to 10%. Mr. Dorling stated this change is supported by the Redevelopment Plan and is supported by the West Atlantic Plan and is recently supported by the Downtown Master Plan. A clause with respect to allowing the requirement for additional open space when determined to be necessary will also be incorporated in this amendment so that the concems of the Advisory Boards are addressed. At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing and unanimously recommended approval of the amendment. At its meeting of August 8, 2002, the Community Redevelopment Agency (CRA) considered this item and recommended approval subject to the condition that the Site Plan Review and Appearance Board (SPRAB) retain the ability to require additional landscaping where necessary. At its meeting of August 21, 2002, the Downtown Development Authority (DDA) reviewed and recommended approval of the proposed LDR text amendment and at its meeting of September 11, 2002 the West Atlantic Avenue Redevelopment Coalition (WARC) reviewed the amendment and recommended approval of the proposed LDR text amendment. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 44-02, the public hearing was closed. Ms. McCarthy moved to approve Ordinance No. 44-02 on First Reading/First Public Hearing, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.J. ORDINANCE NO. 45-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.3.2 "Prohibited Uses" and Section 4.3.3(DD) to provide for the prohibition of the sale of drug paraphernalia and the operation of drug paraphernalia businesses. If passed, a second public hearing will be scheduled for October 1, 2002. Prior to consideration of passage of this ordinance, a First Reading/First Public Hearing has been scheduled to be held at this time. -19- 9/17/02 The caption of Ordinance No. 45-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER FOUR, "ZONING REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.2, "DETERMINING USE," SUBSECTION 4.3.2 (C)(3),"PROHIBITED USES," BY PROHIBITING USES NOT ALLOWED PURSUANT TO FLORIDA STATE STATUTES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION 4.3.3 (DD), "DRUG PARAPHERNALIA", TO PROVIDE FOR THE PROHIBITION OF THE SALE OF DRUG PARaa~PHERNALIA AND THE OPERATION OF DRUG PARAPHERNALIA BUSINESSES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-02 is on file in the City Clerk's office.) At this point, Mr. Levinson left the dais. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this amendment involves two sections of the LDR's, Section 4.3.2(C)(3) and Section 4.3.3(DD). The modifications to Section 4.3.3(DD) adds a new section to "Special Requirements for Specific Uses" by adding "Drug Paraphemalia" along with a reference to it being unlawful to sell or offer for sale drug paraphernalia or operate a business which primarily sells drug paraphernalia. The section also provides for exemptions for those authorized by law to manufacture, possess or distribute such items and for any item traditionally intended for use with tobacco products. At its meeting of August 10, 2002, the Planning and Zoning Board considered the amendment and the Board unanimously recommended approval on a 6-0 (Dwayne Randolph absen0 vote. Mayor Schmidt declared the public hearing open. There being no one from the audience who wished to address the Commission regarding Ordinance No. 45-02, the public hearing was closed. The City Manager stated this came to the City's attention at the Innovation Group Conference at the end of May. He commented that this is a problem which has also occurred in other cities. -20- 9/17/02 Mr. Perlman moved to approve Ordinance No. 45-02 on First Reading/First Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. At this point, Mr. Levinson returned to the dais. At this point, the time being 7:30 p.m. the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. Ci.ty Manager's response to prior public comments and inquiries. In response to a prior concern expressed by Mr. Franciosa and Mr. Bennett about enforcement of the sign ordinance regarding political signs and whether or not the signs can be posted, the City Manager stated the feeling was that some candidates were getting out of control with the signs and the location of the signs. In addition, the City Manager stated there was a perception that there was some favoritism of political signs and also inquired about the status of the re-write. Each of the campaign headquarters for political candidates was contacted regarding the City's requirement of the bond in the amount of $250 and each was given a copy of the sign code. Additionally, campaign headquarters were contacted to remove political signs that were in excess of the size allowed per code, traffic conflicts, and for one sign on wheels. The City Manager stated this requires constant attention of staff during political campaigns to try and keep signs in compliance with the code. With regard to a revised code, the first draft is completed and noted there are some changes and/or additions that are still necessary. The section of the code on political signs will be completed by the end of the week and submitted to the attorney's office for review. The City Manager stated the revised code should go before the public and Board review process over the next 2-3 months. ll.B. From the Public. 11.B.1. Gerry. Franciosa, 939 Eve Street, Delray Beach, commented that Alice Finst is a community activist who attends every Commission Meeting and has difficulty hearing the Commission. Mr. Franciosa commented that he too has difficulty hearing the Commission and stated the Commission is sitting too far from the microphones. Furthermore, Mr. Franciosa feels Mrs. Finst has been insulted because of her hearing impairment and deserves an apology. Mayor Schmidt commented that there was no insult intended. He continued to state this is something Mrs. Finst has complained about a lot and she chooses to sit in the same chair. ll.B.2. Ken Russell, 1027 Coralina Lane, Delray Beach, stated it is interesting to see government in action and commented that the City management, administration, and Commission have done a good job as has its predecessors. -21- 9/17/02 Mr. Russell expressed concern over the closure of A-1-A. Mr. Russell stated there was very little notice ahead of time to the people who are affected. Mr. Russell stated he also did not see any quantification or effort to quantify the value of what residents are supposed to be getting for giving permission to allow the filming in Delray. Mr. Russell stated he has seen conflicting estimates in newspaper articles and has no way of assessing if those are good or bad estimates. Mr. Russell respectfully asked the Commission to report to the public at the next meeting of what revenues have come in as a result of the permission that was granted to do the filming and block the streets. In addition, Mr. Russell respectfully asked the Commission to respond to his concern about a public safety question. Mr. Russell continued to state that he along with other residents in the area would like the Commission to explain that there will be no impediment or impairment to a safe evacuation of the City in the event there is a hurricane during the time the streets are blocked. Mr. Russell stated he spoke to the Film Commissioner regarding the economic impact and also noted that Mayor Schmidt mentioned this at a Workshop Meeting to see if the City can quantify what the impact is. Mr. Perlman stated he is not sure if the numbers will be available for the next meeting but noted that the Commission has been reassured by the Film Commissioner that he will get these numbers for the City. From a safety standpoint, Mayor Schmidt stated in their planning process the Police and Fire Department have taken into consideration the possibility of evacuation in the event there is a storm. Mayor Schmidt commented a report will be provided to Mr. Russell in the near future. ll.B.3. Jay Slavin, 2601 N.W. l0th Street, Delray Beach, 0lainberry Bay) stated by rumor she learned that the bus transport has been changed to her neighborhood and stated she did not believe it at first because she believed it to be just a rumor. Ms. Slavin commented that she receives notification from the City about everything that is being done in her neighborhood and stated she received no word that the entire bus system of delivering the high school students is all done without her having any knowledge of it. Ms. Slavin asked why there is nothing in writing and why the public did not have the opportunity to discuss it. Ms. Slavin stated people in Rainberry Bay have contacted her and have officially sent her this evening to find out what this is all about. Ms. Slavin stated she would like an explanation to her concerns in writing as to what the plan is, how many buses are involved, and where the buses will go. Ms. Slavin stated she contacted the overseer of Lake Ida Road because she is very active and involved with the progress of Lake Ida Road. Ms. Slavin stated she was informed that wires are in to synchronize a traffic light on Davis Road with Rainberry Bay's light and stated the residents of Rainberry Bay had no idea that this was going to happen. Ms. Slavin stated she would like to see the plan laid out and sent to both her and the Board of Directors of Rainberry Bay. Mr. Perlman commented that he spoke with Ms. Slavin twice over the weekend and stated he informed her that the Commission would get together with City staff and the residents of the association and explain everything to them. Mr. Perlman stated that this offer still stands. -22- 9/17/02 11.B.4. Harriet Lerman, owner of Kids Early Learning Center located at 2200 Lake Ida Road (Delray Shores Shoppinu Center) Delray Beach~ stated there have been a lot of accidents in this area and stated she has thc responsibility of many children who attend the school. Ms. Lcrman stated that nothing is being done in the Delray Shores area and feels the entire community is depreciating. With regard to Davis Road, Ms. Leman stated that Davis Road is the only access that she and the children have to get into the school and commented that since the children are handicapped they are supposed to be dropped off at the front door of her school and are now not able to do that because the entrance has been blocked off. Therefore, Ms. Lerman stated the school buses drop the children off at the end of Davis Road and considering this is quite a distance from the front door of the school, she feels the children are being put in danger. Ms. Lerman stated it is currently very difficult to get in and out of Davis Road because of the traffic volume and feels Davis Road is not equipped to handle any more traffic particularly school buses. ll.B.5. John Dowline, President of Rainberry Lake Homeowners' Association~ Delray Beach, stated when the construction began on Lake Ida Road Rainberry Lake was denied a traffic light because they were told that Rainberry Lake is too close to Congress Avenue. He expressed concern over the traffic on Davis Road and commented that the people who live in Rainberry Lake will only be able to make a right-hand mm when exiting Rainberry Lake. Mr. Dowling stated there are approximately 438 homes in Rainberry Lake and commented that school buses pick up children right in front of Rainberry Lake every morning and noon. Mr. Dowling stated he feels most people going to work will need to make a left towards 1-95 and feels this is just going to increase the amount of traffic in the area and will make it even more difficult for people to make a right-hand turn. Mr. Dowling stated he would appreciate any information the Commission can provide to him regarding this matter. ll.B.6. Louis Andrews, President of Delray Shores Homeowners' Association, Delray Beach, urged the Commission to keep the Delray Shores neighborhood informed of the projection that the Commission has for the school buses via Davis Road (i.e. the number of buses, etc.). Mr. Andrews stated that there are currently two exits from the community; one being Lawrence Road and the other being Davis Road. Mr. Andrews urged the Commission to take this into consideration and feels this will have a great impact on the traffic during rush hours. ll.B.7. Alice Finst, 707 Place Tavant, Delray Beach, stated she would like to discuss the review process about the Arvida Barwick property. Mrs. Finst stated the first meeting of the review team was held this past Thursday from 3:00-5:30 p.m. The team was made up of a number of people on the City staff (local architect, local planner, resident of Barwick Estates, and a resident of Sabal Lakes). Mrs. Finst stated six proposals were presented and she expressed a number of concerns with each. Besides these items of concern, Mrs. Finst stated she has a number of other concerns about the way this proposal is being reviewed. First, Mrs. Finst stated there was no public notice of the meetings posted either prior to the first meeting, second meeting, or the third meeting; nor were any mailings or contacts made to Barwick neighbors other than those mentioned above or to property owners adjacent to the land under discussion. -23- 9/17/02 Second, Mrs. Finst stated there was no presentation to the Commission of Committee members for discussion, appointment, or confirmation. Third, Mrs. Finst stated there was not a preservation planner or committee member appointed from Country Manor which shares a boundary of approximately 2,000 feet with the Arvida land. Mrs. Finst continued to state that there was no discussion item on the agenda of the impact of this property of possibly 200 or more units and the development across the street known as Sabal Lakes IV. In addition, Mrs. Finst stated that there was no provision listed in the timeframe for public input before the Committee makes a recommendation to the City Commission and there was no opportunity to speak before the developers made presentations at a Workshop Meeting. Mrs. Finst stated she would like to see agendas posted, see that someone from Country Manors is put on the Committee, and that the Commission opens this up to the community. 11.B.8. Kevin Warner~ 248 Venetian Drive, Deiray Beach, stated approximately two or three previous Commission Meetings the City Manager mentioned that Davis Road would be the access road for the school buses to Atlantic High School and he feels this may be partially the source for what Jay Slavin is talking about. Mr. Warner commented about the continuation on Davis Road and stated it is his understanding that there will be a turn-a-round providing space for school buses to turn around. Mr. Warner stated that he feels information coming from the City is incomplete and possibly incorrect with regard to Davis Road. Mr. Warner commented about the traffic light being installed at Congress Avenue and the one further west and feels there would only be a need for the lights except that it is expected to be a huge increase in traffic. Mr. Warner urged the Commission to keep the public informed and asked for clarification with regard to the intended use of Davis Road for school buses that will be traveling in and out of this road. ll.B.9. Eileen Sheppard~ 2210 N.E. 3rd Avenue~ Delra¥ Beach~ expressed concern over the poor condition of her roof and stated she applied through the Community Development Department and it was recommended that she apply for an "emergency fix". She was informed that she would have to be put on a waiting list for approximately 18 months. Ms. Sheppard asked if there is any other program that she can apply for assistance to get her roof repaired since she feels this is an emergency. Mayor Schmidt recommended that Ms. Sheppard discuss this with Lula Butler, Director of Community Improvement. At this point, the Commission moved back to Item 9.I. of the Regular Agenda. CITY ATTORNEY EVALUATION. Mrs. Archer moved to approve a five percent (5%) performance increase for the City Attorney, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. -24- 9/17/02 9.J. CITY MANAGER EVALUATION. Ms. McCarthy moved to approve a five percent (5%) performance increase for the City Manager, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:05 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 46-02: An ordinance amending Chapter 33, "Police and Fire Departments" Sections 33.20 - 33.67, of the City Code of Ordinances to change the term "Fire Department" to "Fire-Rescue" Department to accurately reflect work performed. If passed, a public hearing will be scheduled for October 1, 2002. The City Manager presented Ordinance No. 46-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", BY AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS," SECTIONS 33.20- 33.67 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE-RESCUE DEPARTMENT" IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING TITLE IX, "GENERAL REGULATIONS", BY AMENDING CHAPTER 96, "GENERAL PROVISIONS", SECTIONS 96.01-96.98 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE- RESCUE DEPARTMENT" IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING CHAPTER 7, "BUILDING REGULATIONS", ARTICLE 7.8, "UNSAFE BUILDINGS OR STRUCTURES", SECTIONS 7.8.6-7.8.8 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE- RESCUE DEPARTMENT"; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE (The official copy of Ordinance No. 46-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 46-02 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -25- 9/17/02 13. Comments and Inquiries on Non-Al~enda Items. 13.A. Ci.ty ManaRer. The City Manager thanked the Commission for the very encouraging comments and constructive comments as well. With regard to a few concerns expressed at the last meeting, the City Manager stated Parks Maintenance has been given a work order to trim the trees along the sidewalk on N.W. 2nd Avenue behind City Hall. The City Manager stated this should be taken care of shortly if it has not yet been taken care of. The City Manager stated there was some concern expressed about the lack of knowledge concerning alleyway abandonment procedures and commented that Dan Marfino, Planner, is currently reviewing alleyways for possible abandonment. The City Manager continued to state the quickest way for interested citizens to get information on alleyway abandonment is to contact Mr. Marfino and the City will publicize this information through the neighborhood associations in the northwest and southwest areas. With regard to the school buses on Davis Road, the City Manager stated one of the things that the City has to struggle with is that the City is going through the process to relocate the high school and people want the answers to questions that no one can answer yet. At this point, the City Manager stated it is impossible to know how many school buses will use Davis Road. Mr. Levinson stated currently there are 29 regular buses and one special needs bus that deliver students to Atlantic High School. The City Manager stated the current school has 800 students within walking distance and the new school will have 2,500 students within walking distance. With regard to a light at Davis Road and Lake Ida Road, the City Manager stated one person at some point mentioned that there may need to be a light. The City Manager stated any lights installed inside the City have to be paid for by the City and no one has approached the City about paying for a light there. If there are any conduits being installed now the County might be doing this. However, the City Manager stated he is not aware of it and there are no plans that he is aware of to install a traffic light at Davis Road and Lake Ida Road. The City Manager stated until the boundaries for the school are set and they determine what will be done with regard to vocational programs, it is impossible to know how many buses will go to the school but it will be less than now. Mayor Schmidt stated during the discussions about whether Lake Ida Road was going to be three lanes or four lanes, Mayor Schmidt stated he recalls any number of residents who asked the Commission to please install a light at Davis Road. The City Manager reiterated that a light is not being installed at Davis Road and Lake Ida Road because the City would be paying for it. The City Manager stated the City is not paying for it and there is no light on the plans. The City Manager stated a lot of the problems -26- 9/17/02 raised appear to relate to current traffic issues and stated the City will have three years to deal with those issues before any more buses go down Davis Road. The City Manager stated these are very real problems and once the road construction is complete, these problems can then be addressed. 13.B. Ci.ty Attorney. The City Attorney thanked the Commission for the complimentary words. Secondly, the City Attorney stated she has provided the Commission with information from Boca Raton and commented on a few newspaper articles which referenced the issue of dealing with sober houses and other types of facilities. The City Attorney stated they are trying to keep in close touch with Boca Raton as they work through their issues with the Department of Justice. Mayor Schmidt stated he would like the City Attorney to monitor and as their discussions go on with the Department of Justice review the City's ordinance (which was tabled) with the possibility of revisions. Mayor Schmidt stated he feels the ordinance can be revised in an effort to be more effective. Mr. Levinson noted it is important to note that he does not think the newspaper articles highlighted that many people in the community may still not be happy because it does not deal with the small houses as it deals with the large ones. The City Attorney explained that what they were trying to do is to take the multi- family component which would be over 14 persons and because of the nature of the facilities involved, that it be more like a transient facility hotel/motel and put it in those kinds of areas. The City Attorney stated that the ordinance specifically states that they allow sober houses and group homes in the small settings of 14 persons and below. 13.C. City. Commission. 13.C.1. Commissioner Archer Mrs. Archer inquired about issue signs that do not indicate or reflect any candidate. In response, the City Manager stated it is his understanding that if the sign is on private property it is political free speech. Furthermore, the City Manager commented about the right-of-way and stated normally the right-of-way extends to the back side of the sidewalk. 13.C.2. Commissioner Perlman Mr. Perlman reminded everyone that this is the week where the design guidelines are underway (September 18th and 19th). Secondly, Mr. Perlman expressed concern regarding the RFP and at this point feels the Commission needs to discuss this further. Mr. Perlman stated this is a very exciting -27- 9/17/02 undertaking thus creating a "niche of housing" that has been demonstrated is needed to bring families in and increasing the tax base. He feels it is a great opportunity and would like to ensure that it is perceived this way by the community. Mr. Perlman stated over the last fifteen years he has lived in various places along Lake Ida Road and is very familiar with Lake Ida Road. Mr. Perlman stated he lived in the Sunflower Development and recalls it being very difficult to make a left hand turn on a two-lane road especially during the school year. Mr. Perlman stated considering that Rainberry Lakes is that much closer to the intersection, he feels this is an issue which needs to be addressed. Mr. Perlman stated he has received some complaints about noise generated from motorcycles from people who like to dine outside along A-1-A and Atlantic Avenue. Mr. Perlman inquired as to what type of enforcement can be done and stated this is not really conducive to the ambience that is trying to be created in the downtown area. Mr. Perlman stated he feels it is a quality of life issue and suggested that perhaps this is something the Police Department can look into. Mr. Perlman praised the Police Department for the Police reports provided to the Commission and commented about some of the programs. 13.C.3. Mayor Schmidt Mayor Schmidt had no comments or inquiries on non-agenda items. 13.C.4. Commissioner McCarthy Ms. McCarthy stated she would like to see the drawings and diagrams of the expansion of Lake Ida Road to ensure that if there were any agreements made previously, that the City would not be impeding upon them by trying to change things. 13.C.5. Commissioner Levinson Mr. Levinson reported that the Boca Airport tracking site is up and running (http://www4.passur.com/bct.html). Secondly, Mr. Levinson stated he was at the Supervisor of Elections Office and picked up some applications on "How to be a Poll Worker". Mr. Levinson stated poll workers need to be available to sit at the precincts for at least twelve hours and also be able to deal with the technology. The new voting machines weigh approximately forty pounds and therefore require someone that is capable of lifting the machines. Mr. Levinson suggested that some type of program be offered to City employees to see if they would like to participate in helping during election time. Lastly, Mr. Levinson stated he spoke to the City Attorney, the City Manager, and Ms. Butler today and discussed proposing a "rumor control hotline". Mr. Levinson stated he would like to see this established two ways. One, that the City have a hot link on the front page -28- 9/17/02 of the web where questions and answers can be posted and second, that there be a phone extension within the City where a live operator can assist in answering questions. For example, Mr. Levinson stated the Roots Festival where there were many allegations over what was and what was not happening, what was opened and what was closed, whether there was or was not a charge. Mr. Levinson suggested that this "rumor control hotline" be put in place to deal with some of these issues as soon as possible. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:30 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 17, 2002, 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 to the Minutes as set forth above. -29- 9/17~02 WHEREAS, on July 13, 2002, in the Town of Highland, Sullivan County, New York at York Lake a tragedy was prevented; and WHEREAS, Matthew Boyar, a City of Delray Beach Lifeguard who was vacationing in New York, noticed two inexperienced swimmers who lost contact with their boat; and WHEREA~, the swimmers were losing their ability to maintain the surface and one victim was not only in the process of drowning, but had exhausted his companion who mede initial efforts to save him and both were in imminent danger of drowning; and WHEREAS, Matthew responded immediately by entering the water and brought the mere serious of the victims to the surface and to the safety of a boat; and WHEREAS, Matthew also recovered the victims' boat and brought both of the victims and their boat to the safety of the shore; and WHEREAS, Matthew has received a commendation from the Town of Highland for his prompt and skillful rescue and has generated much community and civic pride in Delrey Beach. NOW, THEREFORE, I, David W. $chmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend OCEAN RESCUE OFFICER MATTHEW BOYAR, EMT for his immediate and appropriate action in an emergency, he is responsible for saving two lives. Matthew's willingness to respond to an emergency exemplifies the highest and best in the human spirit. Matthew ia truly a hero. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal ofthe City of Delmy Beach~ Florida, to be affixed this 1~t day of October, 2002. DAVID W. $CHMIDT MAYOR Ill I RECEIVED 2 9 2002 CITy MANAGER TOWN OF HIGHLAND 4 PROCTOR ROAD, P.O. BOX 177 ELDRED, NEW YORK 12732 (914)557-8901 Fax: (914)557-6563 August 27, 2002 Hon. D. Harden, City Manager City of Delray Beach 100 N.W. 1~t Avenue Delray Beach FL 33444 Dear City Manager Harden: On July 13, 2002 one of your off-duty Delray Beach lifeguards, Matthew Boyar, saved one, possible two lives in the Town of Highland, New York while he was visiting here. Will you please see that he receives the enclosed Certificate of Commendation adopted by the Town of Highland. His quick actions and professional skills averted a sure tragedy. Obviously he had excellent training. Very truly yours, Allan Schadt, Supervisor Enc: Commendation Newspaper clipping Date: Sept. 23, 2002 Request to be placed on: AGENDA ITEM NUMBER: AGENDA REQUEST Consent Agenda x Regular Agenda Workshop Agenda When: October 1, 2002 Special Agenda Description of Agenda Item (who, what, where, how much): Request Mayor' signature on and issuance of a Proclamation recognizing and commending Ocean Rescue Officer Matt Boyar for his prompt and skillful rescue on July 13, 2002 at York Lake in Highland, Sullivan County, New York. City Attorney Revi(e~fRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: for Agenda: ~/No Initials: Approved Hold Until: Agenda Coordinator Review: Received: WHEREAS, on May 27, 2002, on the City of Delmy Beach, Florida, Municipal Beach a tragedy was prevented; and WHEREAS, Mark Henkle, a City of Delmy Beach Lifeguard, noticed a swimmer caught in a rip current; and WHEREAS, the swimmer was unable to tatum to shore in the rough seas and began fighting the strong current, but exhaustion left him barely able to remain above water, some 100 feet from shore and was in imminent danger of drowning; and WHEREAS, Mark responded Immediately by entering the water and brought the victim to the safety of the shorn; and WHEREAS, Mark's prompt and skillful rescue was deemed a heroic act by witness, Eugene H. Sokol, Chief of Police of Pepper Pike, Ohio, and has generated much civic and community pride in Delray Beach. NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend OCEAN RESCUE OFFICER MARK HENKLE, PARAMEDIC-EMT for his immediate and appropriate action in an emergency, he is responsible for saving a-tile. Mark's willingness to respond to an emergency exemplifies the highest and best in the human spirit. Mark is truly a hero. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delmy Beach, Florida, to be affixed this 1st day of October, 2002. DAVID W. $CHMIDT MAYOR CITY OF PEPPER PIKE 28000 SHAKER BOULEVARD, PEPPER PIKE, OHIO 44124 PHONE: (216) 831-8500 FAX: (216) 831-0175 EM: Police.~_ vel)pervike.org Police Department Chief of Police WEugene H. Sokol May 29, 2002 Mr. Bob Taylor Delray Beach Ocean Rescue 340 South Ocean Blvd. Delray Beach, FL 33483 Dear Mr. Taylor, I wanted to take the opportunity to inform you of the courageous and exemplary job that one of your rescue workers performed over the Memorial Day weekend. Although I am a resident of Ohio, I spend a significant amount of holiday and vacation time in Florida. On Monday, May 27t~, at about noon, I was walking with some friends on Delray Beach. The weather that day was less than ideal and, knowing the dangers presented by high winds and rough waters, I elected to stay out of the ocean. A lifelong friend of mine fi.om Ohio, Mr. Russ Chapple, whom I met up with that afternoon in Delray, decided to wade a short distance into the water. He eventually was drawn in further by the .rgugh seas and the riptide and was not able to make it back to shore. Being somewhat familiar with the ocean, I realized that I would not be able to help Russ and, if I tried, instead of one potential victim, there would be two. I was preparing to go for help when I realized that Mark Henkle had already observed the situation unfolding from his station and was on the way to assist. He immediately rushed to the location where Russ had been swept into the ocean and, without hesitation, jumped into the water. By this time, Russ had been fighting the current for several minutes and was becoming overcome by fatigue. He had been pulled approximately 100 feet from shore and was barely able to keep above water. Mark was able to sUuggle through the riptide and rough water, help Russ stay afloat, and get him back safely to shore. I have seen a lot in my 38 years in law enforcement, but the courageous actions of Mark Henkle on that day were as impressive as anything that I have witnessed throughout my career. Mark's alertness, dedication, and composure surely prevented the death of a close friend. He put his own safety on the line for a complete stranger. Mark is a credit to Defray Beach Ocean Rescue and I am thankful that he was on duty that day. Sincerely, cc: Mark Henkle Date: Sept. 23~ 2002 Request to be placed on: Consent Agenda When: October 1, 2002 AGENDA ITEM NUMBER:, AGENDA REQUEST x Regular Agenda Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): Request Mayor's signature on and issuance of a Proclamation recognizing and commending Ocean Rescue Officer Mark Henkle for his and skillful rescue 27, 2002.. prompt on May Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: for Agenda: ~/No Initials: Approved Hold Until: Agenda Coordinator Review: Received: (if apphcable) WHEREAS, Wally 'Famous" Amos has dedicated himself to a life of entrepreneurship and the betterment of others through involvement in his community; and WHEREAS, Wally 'Famous' Amos today graced the City of Delray Beach and its children with his wit, wisdom, cookies, and provided inspiration and motivation to everyone who met him; and WHEREAS, the City of Delray Beach wants to promote grassroots participation in community leadership, economic development, safety, education, and considers it an honor to have Wally "Famous' Amos within the City's limits. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 1,2002 as WALLY "FAMOUS" AMOS DAY in the City of Delray Beach, Florida, offedng Delray Beach residents, especially its children, the opportunity to be inspired and empowered by a man who is dear to many people's hearts and many-a-sweet tooth. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Deiray Beach, Florida, to be affixed this 1=t day of October 2002. DAVID W. SCHMIDT MAYOR A Proclamation By the Delray Beach City Commission Whereas, Wally "Famous" Amos has dedicated himself to a life of entrepreneurship and the betterment of others through involvement in his community; and Whereas, Wally "Famous" Amos today graced the City of Delray Beach and its children with his wit, wisdom and cookies and provided inspiration and motivation to everyone who met him; and Whereas, the City of Delray Beach wants to promote grassroots participation in community leadership, economic development, safety and education and considers it an honor to have Wally "Famous" Amos within the City's limits; and Now, therefore, be it proclaimed by the City Commission of Delray Beach that today, the 1st day of October in the year 2002 be Wally "Famous" Amos day, offering Delray Beach residents, especially its children, the opportunity to be inspired and empowered by a man who is dear to many people's hearts and many-a-sweet tooth. Passed and adopted by the Delray Beach City Commission, this 1st Day of October, 2002. Board of City Commissioners The City of Delray Beach David Schmidt, Mayor JeffPerlman, Vice Mayor Deputy Vice Mayor, Patricia Archer Jon Levinson, Commissioner Alberta Perry McCarthy, Commissioner WHEREAS, city government is the govemment closest to most c'Rizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city govemrnent is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a vadety of dilferent projects and information; and WHEREAS, Florida City Govemment Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence govemment through their civic involvement. NOW, THEREFORE, I, DAVID W. $CHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim October 20, 2002 through October 26, 2002 as t FLORIDA CITY GOVERNMENT WEEK in the City of Delrey Beech, Florida. All citizens, city government officials and employees are encouraged to do everything possible to ensure that this weak is recognized and celebrated accordingly, and to encourage educational partnerships between city govemment and schools. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delrey Beech, Florida, to be affixed this 1*t day of October, 2002. DAVID W. $CHMIDT MAYOR A RESOLUTION OF THE CITY OF RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 20-26, 2002, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. WHEREAS, city government is the government closest to most citizens, and the one with the most direct 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 WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF AS FOLLOWS: Section 1. That the City of does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly. Section 2. That the City of government and schools. does encourage educational partnerships between city Section 3. That the City of does support and encourage all city governments to actively promote and sponsor "Florida City Government Week." PASSED AND ADOPTED by the City of WH~RE, AS, serious social pzoblems concern ou~ nation and threaten its fum~e; and WHERE., connectins with oth~ and woriins tos~e~ thmush voluntee~ service can bridge the differences that separate people and help solve serious social pwblems; and ~, we, the American people, have a h-adition of philanthropy and vohnteui~ and ~H~, last Octobe~ 27~, mo~e th~n 2.2 million self-sacrificing individuals touched and enhanced the lives of millions on Mike A Difference Day, the largest day of community service; and WH~RF_.,A5, USA WEEKEND and its affiliate ne~spapei-s, and The Points of Light Foundation and its affiliate Vohatee~ Ceat~-s, have joined to promote an annoal national day of doing good that celebrates and st~z~gthens the sphit of vohntee~ service; and WHEREAS, voluntee~ se. iv/ce is an investment in the futu~ we all must sha~ NOW, THEREFORE, I, David W. ,~chmldt, Mayo~ of the City of Delray Beach, Flodda, on b~h~f of the City Commission, do hereby proclaim Octobez 26, 2002 as MAKE A DIFFERENCE DAY in De~y Beach, Flofid~ and usge all citizens to observe this day by connecting with fxiends, fellow employees and zelafives, and with x~Jigious, school and civic group; to ex~zge in projects benefiting theix community. IN WITNESS WI-~RIgOF, I have hereunto set my hand and caused the Official Seal of the City of Delmy Beach, Florida, to be affixed this 1" day of October, 2002. DAVID W. $CHMIDT MAYOR DOING GOOD , F~OINTSOF LiCHT AWARD JUDGES PAUL F/E1M~AN Founds' and Pms~der~ Newrnsn's ~, ~E~ ~ ~N ~nt ~ CEO MA~IA BUnD ~t, CEO & U~ ~ND Dear Mayor: Thank you for proclaiming Saturday, October 27, 2001 Make A Difference Day in your city. Your recognition of the llth Make A Difference Day encouraged thousands of individual citizens, civic organizations, religious groups, schools and businesses within your city to reach out and help others on the nation's largest day of community service. ADVISORY BOARD DEBORAH BR/TrA/N Pre.dent The Association of Junior Leagues STAN CURI'tS Foun0e~* USA Harvest DON FLOYD Pres.~ent JAMES N GOI. DSMn'H JENNIFER HOWS[ Pres~ent N~IANE HOY CEO CO0~ Nat~ot~l Assemo~y Te~k Show Host BtU. SHORE Founder Share Our Stt~'~th KE~N STUART Project Amenca Nationwide, more than 2 million volunteers participated in thousands of community service projects. These same volunteers also raised more than half a million dollars for the Make A Difference Day Scholarship Fund to benefit the families of the Sept. 11 terrorist attacks. The April 19-21 issue of USA WEEKEND Magazine will spotlight more than 500 projects receiving awards and donations for their outstanding Make A Difference Day volunteer work. Ten of those projects are the recipients of a $10,000 donation from actor Paul Newman, and his food company Newman's Own, which donates all after-tax profits to charitable causes and is a supporter of Make A Difference Day. The next Make A Difference Day is Saturday, October 26, 2002. We hope that you will again proclaim it in your city. If you have any questions, please call Pam Brown, USA WEEKEND's Make A Difference Day editor, at 703-854-4531, or Anita Bonner, Points of Light Foundation's Program Associate, at 202-729-8157. We also invite you to visit the website at www.makeadifferenceday.com. Your contribution to Make A Difference Day helped create action that changed the lives of many Americans for the better. Thank you again for your leadership. Sincerely, Marcia Bullard President, CEO & Editor USA WEEKEND magazine Robert K. Goodwin President and CEO Points of Light Foundation USA WEEKEND 1000 Wilson Boulevard Arhngton, VA 22229 (703) 276-64zj5 FAX (703) 276-5518 POINTS OF LIGHT FOUNDATION 1400 Eye Street, N,W. SuRe 800 Washington, D.C. 20005 (202) 729-8000 FAX (202) 729-8100 www makeadtfferenceday corn MAKE A DIFFERENCE DAY DOING GOOD AWARD JUDGES PAUl. NEWMAN Founder and Pres~ent KERMIT THE FROG ~ctor/kmp~t~an ROBERT lC GOODW1N Pre.dent and CEO MARCIA BUU. M~D Pre. dent, CEO & E~nm' USA WEFJ~ND Ma~m=r~ ADVISORY BOARD DEBORAH BRITT, MN President The Assoc~abon of Junior Leagues STAN CURTIS Founder USA Harvest DON FLOYD Pre. dent MILLARD FULLER JAMES N GOLDSMITH of the UHte~ States CHARLES GOULD SHELBY NAMLETT General FederaPon of Women's Oubs JENNIFER HOWSE President CEO COOL NAOMI JUDD Prescient and CEO COLUN RAYE Count~ Music AP, iSt C RIST1NA SARALEGUI Talk Show BILL SHORE Founder Share Our S~'eng,J~ KEVlN S'IUART Execut~m D~rector Pro~-t Ame~ca July 17, 2002 Dear Mayor: You Each year, USA WEEKEND Magazine and the Points of Light Foundation issue a national call to action, challenging Americans to spend one Saturday "making a difference" in their communities and in the lives of others. The Day is now the largest day of volunteer action in America each year. Once again, millions of volunteers are expected to spend Saturday, October 26, helping others. Citizens in your state will organize many of those volunteer activities. We hope you will officially support and personally join in this action by issuing a Make A Difference Day proclamation in your city. We are eager to share your Make A Difference Day project plans with USA WEEKEND's 49 million readers. If you'd like to participate in a project or plan one with your family, staff or entire city, we can help. Please visit our Website at www.makeadifferenceday.com, call the Hot Line at 1-800-416-3824 or send e-mail to diffda¥~usaweekend,com. This year many Make A Difference Day volunteers will be doing their projects in honor of someone lost on September 11 as part of the Unity in the Spirit of America Initiative. You can learn more about the initiative by visiting the Points of Light Foundation Website at www.pointsoflight.org. Thank you for your leadership. Sincerely, Marcia Bullard President, CEO & Editor USA WEEKEND Magazine Robert K. Goodwin President & CEO Points of Light Foundation USA WEEKEND POINTS OF LIGHT FOUNDATION 1000 Wilson Boulevard Arhngton, VA 22229 (703) 276-6445 FAX (703) 276-5518 1400 Eye Street, N.W. Suite 800 Washington, D C. 20005 (202) 729-8000 FAX (202) 729-8100 www. makeadlfferenceday, com You can make a difference on Make A Difference Day A National Day to Help Others STEP 1 Find a need Who needs help? Look around. Ask. Act. · Contact local non-profits that coordinate volunteers. More than two-thirds of Americans live near an area served by a Volunteer Center; call 1-800-865-8683 for the center nearest you. Volunteers of America has opportunities in many areas; call 1-800-899-0089. Local branches of national orgamzations such as the United Way, Red Cross or Salvation Army know your community's needs. Seek their input. Look in the business pages under "Volunteer" or "Social Services." · Tap into national service programs. AmeriCorps, Senior Corps and others organize projects in more than 4,000 communities around the country. For more information, visit www. nationalservice.org or call 1-877-872-2677. · Consult your mayor's or governor's office. Many have an office of volunteerism and can help you identify causes that need volunteers. Parks and recreation departments and schools also are in touch with community needs. Consult the Chamber of Commerce to see if it has a community-improvement initiative you can assist. · Call the Make A Difference Day Hot Line. 1-800-416-3824, sponsored by The Points of Light Foundation. Visit makeadifferenceday, com for planning help. · Use the Idea Generator. Type in your interests and situation; the online Idea Generator will suggest projects that fit your needs. · Download planning guides. Specific tips for teachers, families, children, college students and businesses. Download them for free. · Link to supporters. Access Web sites of participants including Inkindex, which offers free supplies to Oct. 26 projects. · Download attention-getting materials. Get publicity ideas, logos, sample press releases and public service announcements. Does it have to happen Saturday? · Yes, but ... If you can't participate on Saturday for religious reasons, please volunteer on Sunday, Oct. 27. If your volunteers are together Monday-Friday only (such as schools and workplaces), participate in Make A Difference Day by planning a significant effort for Oct. 26. Example: If a school collects food during the week, a group of students can give it out to the homeless on Saturday. America's Promis~'' American Lung Association American Red Cross AmedCorps * Association of Junior Leagues Intemational B'nai B'rith Youth Organization Best Friends B~g Brothers/B~g S~sters Boy Scouts/Girl Scouts of America Boys & Girls Clubs of America * Campus Outreach Opportunrty League (COOL) Camp Fire Boys and G~rls Capitol Records/Nashville Cathohc Charnt~es USA Cathohc Family bfe Insurance Citizens' Scholarship Foundation of America Qty Yea r Corporation for National and Community Service ERA Realty Rrst Book * General Federation of Women's Clubs G~rls Inc Golden Key National Honor Society * Habitat for Humanity International Hecht's Job Corps KaBoom! Keep America Beautiful Key Clubs K~wams Club Knights of Columbus League of United Latin American C~tizens Luthe?an ;' ~ / * March of Oim~g Fgunda~i~n Miss America Organization * National 4-H Council * National Assembly National Fraternal Congress of America National Semor Service Corps Parent Teacher Association (PTA) * Project America Retired and Semor Volunteer Program IRSVP) Ronald McDonald House Charities Salvation Army * Share Our Strength Specml Olympms State Farm Insurance Students m Free Enterprise (SIFE) Telephone P~oneers U S A~r Force, Army, Marines, Navy Un,ted Way of America * USA Harvest * Veterans of Foreign Wars of the United States VISTA Volunteer Center National Network * Volunteers of America Women m Community Service Woodmen of the World YMCAP/WCA Youth Volunteer Corps * Member of Make A Difference Day Advisory Board STEP 2 Tell everyone your plans Take advantage of the Make A Difference DAYtaBANK. It's easy to get in this national online listing of thousands of local plans. Just mail in the form below or visit mak~adifferenceday, com. Good things happen at the DAYtaBANK: · Local and national media will search the listings for actions to cover. · Other volunteers will search for local or regional partners. · You can coordinate your own volunteers -- locally or nationally -- via online updates. · All plans in the DAYtaBANK by Sept. 10 will be considered for a USA WEEKEND Magazine article. Primary volunteer type {choose onlyone) (:31 Fam,ly/mdLwdual []2 School Please type or prmt cleaxly. []3 Commumty~wlde [-14 Club Your name Your organization Address City/State/ZIP Evemng phone. Fa~ Daytime phone E-mail address Name of local newspaper carryJng USA WEEKEND Magazine My project takes more than one day. What will occur Saturday, Oct. 26, ~s []5 College/unJvers]ty 716 Coworkers i-17 Rehgious group 718 Military O9 Nat,onal service organization. Which one? Number of volunteers expected (bes~ estimate) Are you seeking more volunteers? E3 Yes O No If yes, new volunteers can reach you by: Ophone []mail 71 e-marl [] fax Name celebrities or VIPs joining in Are you 13 or older? O Yes r~ No Mail this form to: Points of Light Foundation On a separate sheet of paper, describe your plans in 200 words or less. Be specific about goals, meenng places, Make A Difference Day who ~s involved, and the reasons why you are doing thxs particular prolect. 1400 Eye St., N.W., Suite 800 Washington, D.C. 20005-2208 Awards note: It's smart to reDister with the DAYtaBANK, Inkindex and the 9/11 commemoration, but just doinD that does no__! make you eliDible for a $10,000 Make A Difference Day Award. To be eli0ible for this award, you must help olhers Oct. 26 and then send in an Award Entry Form (see next PaDe or makeadifferenceday.com). While you're at it, register here, too: · Ask for [roe su@plie$. Go online to register your wish list of supplies for your Make A Difference Day project. If what you want is in stock at Inkindex, it's yours for the shipping charges. Visit Inkindex.com. · Honor 9]11 ¥ictim$. Give added meaning to your project by doing it in the name of a specific 9/11 victim. Make A D~fference Day volunteers can join a national commemoration by registering their plans by Sept. 11. It's part of The Unity in the Spirit of America Act -- "USA Act" for short -- which was passed by Congress and is coordinated by the Points of Light Foundation. Visit pointsoflight.org. STEP 3 Add up your impact and enter Help us count everyone's efforts -- and consider you for a $10,000 award. After you've completed your Make A Difference Day project on Saturday, Oct. 26, please take the final step in this powerful national event: Report your actions. Mail in the Award Entry Form below or enter online at makeadifferenceday, com. Even if you don't want an award, please tell us your accomplishments and be counted among millions of volunteers. Entry tips: · Be specific. In describing your Make A Difference Day accomplishments in 500 words or less, be concrete and colorful about who was helped and how lives were changed. Give before and after facts. Type or neatly print. · Show what happened. Include photos and other material that help tell your story. Please don't send videos or disks. Materials can't be returned and may be used in Make A Difference Day promotions or editorial content. If you have any questions about this form, please call 1-800-416-3824. Awards note: significant efforts must occur Saturday, Oct. 26, even if your volunteers are together only Monday-Friday or if your project is long-term. However, if you can't participate Saturday for religious reasons, do a project Sunday, Oct. 27. If selected to receive a monetary award, you must sign a release and give your donation to a charitable cause. Employees and immediate family of Gannett, its agencies, Points of Light Foundation, Newman's Own and USA WEEKEND newspapers are invited to participate but are ineligible for awards. You'll be notified of receipt of your entry in February. Primary volunteer type: choose only one Evening phone Fax Please type or print clearly. Your name Your orgamzafion Address City/State/ZIP Daytime phone E-mail address Name of local newspaper carrying USA WEEKEND Magazine My project took more than one day. What occurred Saturday, Oct. 26, was ~lz Famdy/mdwidual O2 School Q3 Commumty-wide ~14 Club []3 College/university ~6 Coworkers ~17 Rehg~ous group []s Mihtary v~9 Nauonal serwce organization. Which one? How many people: volunteered? were helped? Use numerals. Estimate if necessary. Check here: [] if you'vepartic~pated in Make A D~fference Day before. [] to be added to the Points of Light Foundanon community service mailing hst. [] if you worked w~th a local Volunteer Center on this project. Mail this form to: USA WEEKEND On a separate sheet of paper, describe your accomplishments in 500 words or less. Be specific about Make A Difference Day what you achieved, who volunteered, who was helped, and why this project was needed. 7950 Jones Branch Drive ................................................................................. _M_c.L_ean_, _V_a_. _2_210. 7_ .................. Merchandise order form Use this page to plan your order, then fax it to 1-816-842-0952 Call attention to your effort with Make A Difference Day T-shirts, balloons and buttons, Or use these items to raise money for your cause. We've kept prices as Iow as possible to cover costs. Any profit is used to spread the Make A Difference Day word. Order by Oct. 5 for delivery before Oct. 26. Allow 2 to 3 weeks for delivery, DISTRIBUTED BY MMI. No returns wtthout MMI authonzanon. Contact MMI for detads. Prices supersede all prewous price hsts short sleeve: / /~$8 00 (~-11) $7 00 (12-23) $6 00 (24-99) JSA01 T-shlr~ $9 O0 0-11) $8.00 (12-23) $7 O0 (24-99) JSA1201 Z~p-front w~ndbreaker $26 50 (S-XL) $28,50 (XXL) $30 50 (X~L) JSA07 Cap (Two-toned khakVnaw w~th embroidered Make A Difference Day logo) $8 00 JSA08 Tem~o~ Taboos (250) $11 50 0-3packs} $10 50 (4+ packs) JSA09 BuUons (25) $11.50 (l~packs) $10.50 (4+ packs) JSAIO Lapel pm ~" square $1,75 JSA11 Embroidered patch 21/2' square $1 65 JSA12 Water bo~le 32 oz. (green w~th logo) $1 80 JSAI 3 Balloons (Blue per package of 250) $40 00 per pac~ge JSA14 Tote bag (natural co,on duck 16" x 12" x 7") $4.00 JSA15 *Make A Difference Day collectable poster by Ma~ Engelbreit (Size 16" x 20") $15 50 (Includes ~ 50 shipping & handling) *A po~,on of the proce, ds for the Make A D,Eerence Day collectable poster goes towards chadW ,,... ..... ~ ~ ...,~ff~ ~ O~ TOT~ ~HIPPlN~ & ~ANOU~G: Covers st~nd~rd nn~n~ nr HPR and mm~mneo {~r mmr~nt~d d~hv~ ...... -, , Order Total S&H Cost Up to $50 00 ............... $7 50 $50 01-$100 00 ........................ $9 50 $100 01-$200.00 ................ $12 50 SHIP ORDER TO: Please Print Order Total S&H Cost $200 01-$300,00 .......... $16.50 $300 01-$400 00 .............. $21 50 $400 01 and up .... add 6% of order total NAME A2TN ADDRESS {NO P O. BOXES PLEASE) CITY/STATE/ZIP PHONE NUMBER Mail ordem to: M~d-Amenca Merchandising Inc, 204 West 3rd St Kansas Ce/, MO 64105 TEL 1-800-333-6737 FAX 1-816-842-0952 www. m a keadifferenceday, com INDICATE METHOD OF PAYMENT (check one) Q Check or Money order made payable to MMI Cre&t card: D VISA I-I MASTERCARD CREDIT CARD NUMBER EXP. DATE SIGNATURE AS IT APPEARS ON CARD DATE PHONE NUMBER I By helping others on Make A Difference Day, Saturday, Oct. 26, 100:~000 fo.[' charity you become eligible to receive a cash donation that benefits your charity. Make A Difference Day inspires and rewards volunteers. Everyone who helps others Oct. 26 and sends in an Award Entry Form (from this brochure or usaweekend.com) is eligible for an award, a donation and media coverage. $10,000 national awards Paul Newman, who donates all after-tax profits from sales of Newman's Own products to educational and charitable purposes, supports Make A Difference Day for the ninth year. Mr. Newman again will donate $10,000 each to 10 selected projects -- a total of $100,000. In addition, a $10,000 Encore Award funded by the Gannett Foundation will go to one former national honoree that went beyond past achievements. Recognition for volunteers USA WEEKEND Magazine features the 10 national honorees in a special April 2003 issue coinciding with National Volunteer Week. More than 500 local honorees -- one for each newspaper that carries USA WEEKEND -- will be published in the magazine, in local papers and on makeadifferenceday, com. USA WEEKEND's Make A Difference Day, in partnership with the Points of Light Foundation, takes place the fourth Saturday of each October. For more information, visit makeadifferenceday, com or call 1-800-416-3824. POINTS OrLIGHT FOUNDATION Step 2. ~'~ :~ Register in ourbnline (makeadifferenceday. com) so'othei' volunteers and the media can know what you'll do. While you're online, register for free project supplies at Inkindex.com. Step 3. Add up your impact. Perform volunteer work on Oct. 26 and submit an Award Entry Form. You'll be counted among millions of volunteers -- and be eligible for a $10,000 award. Free supplies at Inkindex.com , inkindex online inventory exchange For the second year in a row, Make A Difference Day efforts can receive free project supplies from major corporations. Inkindex, the online product donation exchange, will waive its membership fee to help Make A Difference Day projects get supplies. In 2001, 1,000 local efforts received free supplies for use in Make A Difference Day. Inkindex can't promise that everything you need will be available from its corporate donors, but you would be surprised what's in stock: computers, furniture, paint, sponges, toys, building supplies, medical supplies -- even peanut butter and jelly! New ~nventory arrives all the time. It's easy to ask: Visit Inkindex.com to register your Make A Difference Day plans and your wish hst of supplies. The goods must go to a 501(c)(3) charity, and you must pay minimal shipping and handling charges. Ask early. After Oct. 14, requests may not be filled in time for Make A Difference Day; if they are, shipping will cost more. RESOLUTION NO. 78-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DI~.I.RAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING WIIJ.IAM DENNIS MURRAY FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DFJ.RAY BEACH. WHEREAS, William Dennis Murray was hired by the City of Delray Beach on October 1, 1972; and WHEREAS, on October 1, 2002 Willi;,m Dennis Murray reached a milestone in his career, having achieved thirty 00) years of continuous full-time service with the City of Delray Beach; and WHEREAS, during the past thirty years, William has been a dedicated employee and has been committed to teaching the children of Delray Beach to swim and play tennis; and WHEREAS, the City of Delray Beach and the Parks and Recreation Depaitiixent are honored to have Wil!i~m Dennis Murray as an employee. We feel proud of his work effort and contributions to the City, and recognize the fact that he is known throughout the local tennis community for his commitment to the youth tennis in South Florida, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AS FO!.I.OWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends William Dennis Murray for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere th~k.q and appreciation to William Dennis Murray for his many years of service, and further wishes him the best of health and happiness as he continues his career with the City of Delray Beach. PASSED AND ADOPTED in regular session on this 1" day of October, 2002. ATrEST: MAYOR City Clerk Page 1 of 1 Nubin, Chevelle From: Garito, Barbara Sent: Tuesday, September 10, 2002 2:45 PM To: Nubin, Chevelle Subject: FW: 30 Year Resolutions Chevelle, please handle theses resolutions. Thanks, Bg ----Original IVlessage .... From: King, Nancy Sent: Tuesday, September 10, 2002 1:53 PM To: Garito, Barbara Subject: 30 Year Resolutions Barbara, The City Commission will honor William Murray and Bill Rego for their 30 years of service at the October 1, 2002 commission meeting. Please place these two presentations on the agenda and prepare the attached resolutions. Please call me if you have questions. Thanks. Nancy 9/10/2002 RESOLUTION NO. 79-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING BILL REGO FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DF.I.RAY BEACH. WHEREAS, Bill Rego was hired by the City of Delray Beach as a Fire Fighter on October 2, 1972; and WHEREAS, on September 27, 2002 Bill Rego reached a milestone in his career, having effectively achieved thirty 00) years of continuous, full-time service with Delray Beach Fire- Rescue; and WHEREAS, during the past thirty years Bill has served this community with honor and distinction as both a Fire Fighter and Driver-Engineer; and WHEREAS, Bill Rego has served the community in many other ways including charity fund raising, special events and civic endeavors; and WHEREAS, Bill's warmth, kindness and compassion are well known and recognized throughout the City of Delray Beach and these attributes serve as a reminder to us all to seek oppommities for service to our fellow man; and WHERF~S, the City of Delray Beach and the Fire-Rescue Depaxa. aent are honored to have had Bill Rego as a valued member of the municipal team over the past 30 years, and he will be missed by his co-workers and the entire dty staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FO!.I.OWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Bill Rego for ~irty years of dedicated and faithful public service. ~cfion 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Bill Rego for his many years of service, and further wishes him the best of health and happiness as he enioys retirement and the many new oppommities which are sure to come his way. PASSED AND ADOPTED in regular session on this the 1 st dgy of October 2002. ATTEST: MAYOR city c~er~ Page 1 of 1 Nubin, Chevelle From: Garito, Barbara Sent: Tuesday, September 10, 2002 2:45 PM To: Nubin, Chevelle Subject: FW: 30 Year Resolutions Chevelle, please handle theses resolutions. Thanks, Bg ..... Original Message ..... From: King, Nancy ~ent: Tuesday, September 10, 2002 1:53 PM To: Garito, Barbara Subject: 30 Year Resolutions Barbara, The City Commission will honor William Murray and Bill Rego for their 30 years of service at the October 1,2002 commission meeting. Please place these two presentations on the agenda and prepare the attached resolutions. Please call me if you have questions. Thanks. Nancy 9/10/2002 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM $$ C)~. REGULAR MEETING OF OCTOBER 1, 2002 FINAL PI,AT APPROVAL/SAN SEBASTIAN PLAT SEPTEMBER 27, 2002 This is before the Commission to approve the final subdivision plat for San Sebastian. The property will consist of thirty-two (32) three-story Townhomes and is located at the southeast and southwest comers of N.E. 5~ Avenue (southbound Federal Highway) and N.E. ya Street. All technical and staff comments have been addressed and the plat is ready for approvaL Recommend approval of the final subdivision plat for San Sebastian. S:\City Clerk\cbevelle folde~\agenda raem~\Final Plat. SanSebastian. 10.01.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal L. Krejcarek, PE~~[~ 25 Sep 2002 San Sebastian Plat Please find attached the agenda request for Commission approval of the San Sebastian Plat. The project consists of 32 three-story town homes. The plat is located at the southeast and southwest corners of NE 5th Avenue (Southbound US 1) and NE 3rd Street. Planning and Zoning approved this plat on 23 Sep 2002. I have also enclosed a location map, and a reduced copy of the plat. All staff comments have been addressed. If this meets with your approval, please place it on the 01 Oct 2002 Commission meeting for Commission approval. Thanks enc cc TAC: San Sebastian Plat N ~ 2ND ST. ATLANTIC AVENUE ~' ~ CI~ of DELRAY BEACH SAN SEBASTIAN 0Am:9/24/02 E~~ ~8 ~~~ LOCA~ 0N MAP ~~.~~~~~ 2oo~-2oo I OF 1 Date: 25 Sep 2002 AGENDA ITEM NUMBER: Request to be placed on: AGENDA REQUEST X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 01 Oct 2002 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to Sebastian Plat. Staff comments ha~,b~en a.&lressld ~ Department Head Signature: (_~ ~'~_ ~ execute the San City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda:(/~J~/No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) S:\EngAdmin\TAC\San Sebastian\01oct2002 agenda.doc TO: THRU: FROM: SUBJECT: MEETING OF OCTOBER 1, 2002. **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION ASSOCIATED WITH MANAGEMENT SYSTEMS. The action requested of the City Commission is acceptance of a right-of-way deed associated with the Management Systems development, located at the southwest corner of NE 1st Avenue and NE 2nd Street, within the Old School Square Historic Arts District (OSSHAD) zoning district. At its meeting of February 20, 2002, the Historic Preservation Board (HPB) approved a Class V site plan for Management Systems, subject to conditions, which included the dedication of five feet (5') of right-of-way for NE 1st Avenue. The approval was for the construction of a two-story, 2,400 square foot office building with associated parking and landscaping, and a variance to reduce the required side-street building setback from 15' to 10'. The HPB approved minor modifications to the site and landscape plans at their meetings of April 17, 2002 and May 1, 2002, both subject to the dedication of five feet (5') of right-of-way for NE 1~t Avenue. Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element of the City's Comprehensive Plan, the required right-of-way width for NE 1st Avenue is 60' and 40' exists. However, pursuant to LDR Section 5.3.1(D)(4), reductions in the required right-of-way width for existing streets may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG). The DSMG and City Engineer determined that a right-of-way width of 50' for this section of NE 1~ Avenue would be sufficient. The Assistant City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and has determined it to be acceptable. By motion, accept the five foot (5') right-of-way deed for NE 1~ Avenue associated with the Management Systems development. Attachments: Location Map Reduced Site Plan Right-of-Way Deed CA SON METHODIST CHURCH ~.W, 2ND ST CITY ATTORNEY BUILDING M.LK. J,R. CITY HALL COMMUNITY CENTER TENNIS STADIUM POS T OFFICE N.E. 3RD Z DRIVE ~: NE ATLANT OLD SCHOOL SQUARE 2ND SOUTH COUNTY COURT HOUSE ST. C AVENUE CITY OF DEI.RAY BEACH, FL PLANNING &: ZONING DEPARTMENT MANAGEMENT SYSTEMS -- 01¢17'/(1. B,45~' 4/,a.,O $~37~-4~ -- MAP REF. LM586 ..0-.~01 q d .O-,£Ot = 'l d d, ~319~ Prepared by and retum to: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this ~?c, day of August, 2002, between Management Systems Worldwide, L.C., with a mailing address of 2325 S. Ocean Boulevard, Delray Beach, Florida 33483, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 NW 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, a right-of-way and easement for public highway, street and public utility purposes over the east 5 feet of the following property lying and being in the County of Palm Beach, State of Florida, to wit; LOT 9, LESS THE WEST 60 FEET TOGETHER WITH THE NORTH 26.5 FEET OF LOT 10, LESS THE WEST 60 FEET, ALL OF BLOCK 67, DELRAY BEACH (F/KA LINTON), ACCORDING TO THAT CERTAIN PLAT AS RECORDED 1N PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA This Right-of-Way Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or its successors or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. 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. 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 whosoever claimed by, through or under it, that it BOC 1 \REAI.EST~g9565 1 9g999/9999 JAD nm 8/22102 I 4~, PM has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-Of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all of the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. WITNESS: Print Name: Print Name: MANAGEMENT SYSTEMS WORLDWIDE, LLC By', .,,'3~'~~ ' [x~q~ Je"ffrey A. Deutch, Manager STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this )o day of August, 2002, by Jeffrey A Deutch, as Manager (name of officer or agent, title of officer or agent), of Management Systems Worldwide, LLC.(name of corporation acknowledging, a Florida (state or place of incorporation) corporation, on behalf of the corporation. He is perjona_lly known to me or has produced (type of identification) as ~--i~ntification. Not . Public Print Name My Commission Expires: d-//;..~ o F~ BOC1~,REALEST~g9565 1 9999919999 JAD nm 8/22/02 1 46 PM MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS A(~ENDA ITEM# - REGULAR MEETING OF OCTOBER L 2002 SERVICE AUTHORIZATION #3/ECKLER ENGINEERING. INC. SEPTEMBER 27, 2002 This is before the City Commission to approve Service Authorization #3 with Eckler Engineering, Inc. in the amount of $46,000.00, for the design of Lift Station Six (6) Force Main relocation. Funding is ava_liable from 442-5178-536-65.75 (Lift Station 6, Force Main Improvement Project). Recommend approval of Set-vice Authorization #3 with Eckler Engineering, Inc. for the design of Lift Station Six (6) Force Main relocation. S:\Csty Clet'k\chevelle folder\agenda memos\ SetviceAuth. #3Eckler. 10.1.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, P.E. ~ Deputy Director of Publ September 23, 2002 Lift Station 6, Force Main Improvements Project Number 2003-003 Attached is an Agenda Request for Service Authorization No. 3 to Eckler Engineering, Inc. for professional engineering services related to the subject project. The force main improvement project will accomplish two significant goals for the waste water system. The first goal is the elimination of re-pumping from lift station 6 to lift station 1. Lift station 6 accounts for approximately one third of the flow into lift station 1. Removing this flow from lift station 1 will not only improve the efficiency of the station but will also increase the storage capacity in the wet ell. The second goal is the increase in capacity to accommodate spent regenerate flow from the Anion exchange system. Services provided by Eckler Engineering, Inc. include flow analysis of lift station 6, pump modification design and force main rerouting. The total amount of Service Authorization No. 3 is $46,000.00 and funding is available from Account # 442-5178-536.65-75, Lift Station 6, Force Main Improvements. Please place this item on the October 1, 2002 Agenda for consideration by City Commission. CC.' Richard C. Hasko, P.E., Director of Environmental Services Bob Bullard, Maintenance Manager John Bullard, Water Treatment Plant Manager City Clerk Agenda File 2003-003 Project File S \EngAdmm~ProjectsX2003~2003-003\OFFICIALXagenda memo.doc ECKLER ENGINEERING, INC. CITY Of DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: August 30, 2002 SERVICE AUTHORIZATION NO. CITY P.O. NO. PROJECT NO.: 2000-043 TITLE: Lift Station No. 3 FOR CONSULTING SERVICES CITY EXPENSE CODE CITY 215.Q1 ECKLER ENGINEERING 6 Force Main Improvements This Service Authorization, when executed, shall be incorporated into and shall become an integral part of the Contract, dated June 2, 1999, between the City of Delray Beach and Eckler Engineering, Inc. I. PROJECT DESCRIPTION Eckler Engineering met with the City of Delray Beach on August 14, 2002 to obtain an understanding of the scope of the improvements anticipated by the City for this project. The following wastewater system improvements are proposed for the construction of a new force main to service existing lift station number 6 and the City's needs for wastewater collection and transmission systems within the areas served by existing lift station number 6 and 13. Lift Station 6 FM: City staff has requested that a new force main be constructed to manifold existing lift station 6 to the existing force main serving existing lift station 13. The proposed force main routing will be from lift station 6, east to SW 6th Avenue then north along SW 6th Avenue to the tie-in location proposed at the intersection of NW 3~u Street and NW 6~" Avenue. This alignment will require trenchless construction where the alignment crosses Atlantic Avenue. This can be completed using a jack and bore casing or by directional drilling of the force main across this right- of-way. Lift Station 6: The hydraulic capacity of the existing pumps at lift station 6 will be reviewed and revised to meet the new operational conditions. Other improvements may be required at this site including but not limited to new valves and piping, new electrical, instrumentation and control systems, and restoration of the wetwell and mechanical room structures. C~ty staff has requested that this pump station remain in its current wet pit/dry pit configuration. Additionally, the station's upgraded hydraulic capacity will need to be sized to handle reject water flow from the proposed amon exchange improvements at the City's water treatment plant. Lift Station 13: The hydraulic capacity of the existing pumps will be reviewed and revised to meet the new operational conditions. Additionally, work at this site may require improvements to piping and valves, instrumentation and control systems, and rehabditative coating of the wetwell and valve vault structures. The current submersible configuration of th~s station shall remain as is. -1- This proposal consists of preliminary and final designs of these facilities and improvements, including preparation of detailed plans and specifications followed by permitting and bidding assistance. The estimated construction cost for these improvements ranges from $345,000 to $397,000 depending on the final recommendations of the design report. A more detailed probable construction cost estimate will be prepared upon completion of the final design. II. SCOPE OF SERVICES The Engineer shall provide complete engineering services required for the design for the proposed wastewater transmission system improvements in accordance with the above project description and our August 14, 2002 discussions with City staff. The work shall include the following: DESIGN PHASE The Engineer shall provide the services outlined in Article 3, paragraphs B and C, Phases 2 and 3, pages 5 and 6, of the Agreement. Specific tasks include: Task Dl . Project Administration/Management This task focuses on the administration of the project including project setup, administration and management. Task D2 - Data Evaluation and Preliminary Design This task focuses on obtaining the necessary preliminary information required to prepare detailed engineering plans and specifications. A. Visit the site(s) and review all pertinent features. B. Coordinate and collect data available on existing facilities, including field conditions, record drawings, wastewater flow data and existing discharge pressure conditions for the force main tie-in location. C. Meet with appropriate CITY staff to discuss project requirements. D. Complete the topographic and boundary survey of the project site(s). E. Coordinate soft dig locations for existing utilities, where required. Task D3 - Preliminary Design Report (Memorandum) This task consists of undertaking an appropriate level of engineering to analyze and prepare the final design requirements for this project. This work will include the following: A. Engineer shall provide hydraulic modeling of the force main system improvements to serve lift station 6. This analysis shall be used for final design requirements and to evaluate hydraulic impacts on existing lift stations 6 and 13. B. A memorandum-style preliminary design report will be prepared for this project to address preliminary design requirements for the proposed force main system and revisions at lift stations 6 and 13 due to hydraulic capacity requirements. -2- Task D4 - Drawings and Engineering This task consists of the engineering and the development of plans necessary to construct this project. Prepare detailed drawings for the proposed work discussed previously within this proposal. A tentative list of final design drawings to be developed for this project is presented in Table 1. Drawings will be prepared using drafting standards and standard details as developed by ENGINEER. Task D5. Specification Preparation Ao The Contract portion of the documents inclusive of Contract Forms, Bidding Documents, Instructions to Bidders, and Contract Conditions shall be provided by the City of Delray Beach. These documents will be edited by the Engineer for project specific requirements. Bo Prepare technical specifications required for this project in Division I through Division 16. These specifications, utilizing the CSl format, will be prepared and will consist of written technical descriptions of materials, equipment and construction systems, standards and workmanship required for this project as developed by ENGINEER. A tentative list of specification sections to be prepared for this project is presented in Table 2. Task D6 - Permit Preparation Assistance This task consists of the preparation of a construction permit application submittals for the Flodda Department of Environmental Protection (FDEP), the Palm Beach County Health Department (PBCHRS) and the Florida Department of Transportation (FDOT). Any additional permits required beyond the above will be considered as outside the scope of this proposal. Task D7 - Final Opinion of Probable Construction Cost Prepare the final opinion of probable construction cost for all new facilities and improvements proposed under this project. Task D8 - Bidding Assistance Services This task shall include work necessary to assist the CITY with the bidding of this project. This work may include the following: Assist with the coordination of the bidding documents and the advertisement for bid and respond to communications from contractors and issue addenda information as required. B. Attend the bid opening and tabulate the bids provided by interested contractors. Task D9 - Bid Evaluation and Recommendation of Award Assistance This task shall consist of the review and evaluation of the bids and the recommendation of a bidder for award of contract to CITY. -3- Task DIO - Submit and Review (Quality Control) The ENGINEER will make the following submittals at various completion levels of this project for the purpose of CITY's review and comment for coordination and quality control. A review meeting will be requested following each submittal to discuss and receive comments from the CITY's. The CITY's comments shall be incorporated into revisions prior to the next subsequent quality control submittal. Quality control submittals for this project are anticipated at the following completion levels: A. 50% Drawings, Specifications and the Preliminary Design Report. B. 90% Drawings and Specifications. C. 100% Drawings and Specifications. The ENGINEER will incorporate the agreed-upon revisions made by the CITY. A total of three (3) meetings with the CITY is the level of effort for this Task. EASEMENTS The obtaining of easements may be an integral part to the design of the system improvements throughout the project. The specific services will include: ENGINEER will identify areas where easements will be required for the proper construction of this project. The ENGINEER shall also determine through the Palm Beach County Property Appraisers' Office, the name, address and, where available, phone number of the current listed owner of the property in question. The ENGINEER shall prepare the legal description and sketch for each of the required easements of this project. The CITY shall complete all negotiations with the property owner and prepare the Grant of Utility Easement Agreement for signature by the property owner for granting the proposed utility easements to the City of Delray Beach. The CITY shall also complete the recording of these easements with the Clerk of the Courts of Palm Beach County. CONSTRUCTION PHASE Construction phase services have not been included in this Service Authorization. An addendum to this Service Authorization can be submitted at a later date if any construction phase services are required by the City. DATA OR ASSISTANCE PROVIDED BY THE CITY As a part of this Service Authorization, the CITY shall: A. Provide available record drawings for existing lift stations 6 and 13. Provide available record drawings for existing water and wastewater utilities along the force main route. -4- C. Provide influent flow data to existing lift stations 6 and 13 for a minimum period of 6 months. D. Provide existing force main operation pressure data for the force main system in the vicinity of the intersection of NW 3'd Street and NW 6th Avenue. The minimum time frame for this data shall also be 6 months. E. Provide copies of the City of Delray Beach standard details to be incorporated into this project. F. Provide anticipated flow quantity reject water from the City's proposed anion exchange system. In addition to flow quantity information as to the quality of this flow shall be provided in order to evaluate the possibility of any corrosive impacts to the wastewater transmission system. G. Field verify existing underground water and wastewater piping locations where required. H. Provide assistance with regulatory agencies and payment of all regulatory permitting fees. I. Prepare documents and complete negotiations and recording of easement agreements with the Clerk of the Courts where necessary for easements required by this project. III, BUDGET DESIGN PHASE This proposal is made in accordance with Article VII - Compensation, Paragraph A, Method 2 - TIMES CHARGES, NOT TO EXCEED BUDGETED AMOUNT, Page 17 of the AGREEMENT. The budgeted amount is $46,000. For reimbursement of costs of soft dig utility locations and easements, the lump sum fee stated above contains an allowance in the amount of $6,000. This allowance shall be used for these reimbursable costs only. ENGINEER shall submit invoices for reimbursement. Any unused portion of this allowance shall be credited to the CITY. These fees have been determined in accordance with the scope of work breakdown attached. This proposal does not include the provision of the following items: · Any hydrogeologic work required for the design of the dewatering systems or to evaluate the impact of construction dewatering systems for contamination sites within a quarter-mile radius of this project site. · Easement acquisitions and legal work as required. · Payment of permitting fees. · Landscaping and irrigation system designs. IV. COMPLETION DATE The design and permitting of these improvements can be completed within 120 days of receiving a signed Service Authorization. The Bidding/Negotiation portion will be completed as the project progresses on the City's schedule. -5- Approved by: CITY OF DELRAY BEACH: Date Signature Print Name Title Attest ECKLER ENGINEERING, INC. Date Donald A. Eckler, President Witnes~ Approved as to legal Sufficiency and Form -6- CORPORATE ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this ~ day of ,.~d"/~J'~ ~ , 2002 by Donald A. Eckler , President, of Eckler Engineering, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and did not take an oath. Sign"'atur~ of Person Taking Acknowledgment Linda C. Fracasso Name of Acknowledger Typed, Printed or Stamped -7- Drawing Sheet No. General G-1 G-2 G-3 G-4 Civil/Mechanical C-1 C-2 - C-7 C-8 C-9 C-10 C-ll C-12 C-13 C-14 C-15 C-16 C-17 Electrical E-1 E-2 E-3 E-4 E-5 E-6 TABLE 1 LIFT STATION 6 FORCE MAIN IMPROVEMENTS TENTATIVE LIST OF DRAWINGS Title Cover sheet Index to Drawings and Project Location Map General Notes and Abbreviations Mechanical Legends and Symbols Piping Schedule and Legends Key Map Force Main Plan Sheets Lift Station 6 Demolition Plan and Section Lift Station 6 Rehabilitation Site Plan Lift Station 6 Structural and Mechanical Details Lift Station 13 Demolition Plan and Section Lift Station 13 Rehabilitation Site Plan Lift Station 13 Structural and Mechanical Details Standard Details - Civil/Mechanical Standard Details - Civil/Mechanical Standard Details - Civil/Mechanical Standard Details - Civil/Mechanical Electrical Site Plan - Lift Station 6 Electrical Site Plan - Lift Station 13 Electrical Riser Diagram Control Panel Schedule and Elevation Control Panel Schematics Standard Details - Electrical (Remainder of page left blank intentionally) -8- SECTION NO PART 1 PART 2 PART 3 PART 4 TABLE 2 LIFT STATION 6 FORCE MAIN IMPROVEMENTS TENTATIVE LIST OF SPECIFICATIONS TITLE BIDDING REQUIREMENTS City of Delray Beach Standard CONTRACT FORMS City of Delray Beach Standard CONTRACT CONDITIONS City of Delray Beach Standard SPECIFICATIONS Division 1 - General Requirements O1O05 O1O1O 01025 01050 O12OO 01300 O14OO 01500 01700 01720 01730 01740 General Requirements Summary of Work Measurement and Payment Field Engineering Project Meetings Submittals Quality Control Construction Facilities and Temporary Controls Contract Closeout Project Record Documents Operation and Maintenance Data Warranties and Bonds Division 2 - Sitework 02072 02200 02500 02510 02630 02831 Demolition Earthwork Restoration and Cleanup Asphaltic Pavement and Base Concrete Sidewalks, Drives and Curbs Chain Link Fences and Gates Division 3 - Concrete 03300 Concrete 03600 Grout Division 4 - Masonry - Not Used Division 5 - Metals 05500 Fabricated Metalwork and Castings -9- Division 6 - Wood and Plastics - Not Used Division 7 - Thermal and Moisture Protection - Not Used Division 8 - Doors and Windows - Not Used Division 9 - Finishes 09900 Protective Coatings Division 10 - Not Used Division 11 - Equipment 11310 11310-1 11318 11318-1 Submersible Pump Station - General Lift Station 13 - Specific Self Priming Centrifugal Pumps - General Lift Station 6 - Specific Division 13 - Special Construction 13700 Process Instrumentation and Controls Division 14 - Not Used Division 15 - Mechanical 15002 15005 15029 1510O 15105 15400 Polyvinylchloride (PVC) Pressure Pipe Ductile Iron Pipe (Wastewater) Pressure Pipeline Testing Manually Operated Valves Self-Contained Automatic Process Valves Plumbing Division 16 - Electrical 16000 16050 PART 5 - APPENDICES A B Electrical General Requirements Basic Materials and Methods Soft Dig Utility Location Reports OWNER-Furnished Equipment/Materials (Remainder of page left blank intentionally) -10- TABLE 3 LIFT STATION 6 FORCE MAIN IMPROVEMENTS PRELIMINARY PROJECT SCHEDULE Activity Authorization to Proceed Topographic Survey/Data Gathering Submit Plans, Specifications and Preliminary Design Report (50% Submittal) Receive CITY Review Comments Submit Plans and Specifications (90% Submittal) Receive CITY Review Comments Submit Plans and Specifications (100% Submittal) Receive CITY Review Comments Finalize Contract Documents (Final Submittal) Permitting Bidding and Award Duration (Days) Cumulative Time {Days) 0 0 3O 30 10 4O 3 43 30 73 5 78 5 83 2 85 5 90 30 120 60 235 Detailed schedule willbe provided upon ~ceiptofauthorizationto proceed andwillincludespecific submi~aldates. (Remainder of page left blank intentionally) -11- TABLE 3 LIFT STATION 6 FORCE MAIN IMPROVEMENTS PRELIMINARY PROJECT SCHEDULE Activity Authorization to Proceed Topographic Survey/Data Gathering Submit Plans, Specifications and Preliminary Design Report (50% Submittal) Receive CITY Review Comments Submit Plans and Specifications (90% Submittal) Receive CITY Review Comments Submit Plans and Specifications (100% Submittal) Receive CITY Review Comments Finalize Contract Documents (Final Submittal) Permitting Bidding and Award Duration (Days) Cumulative Time . (Days) 0 0 30 30 10 4O 3 43 30 73 5 78 5 83 2 85 5 90 30 120 60 180 Detailed schedule will be provided upon receipt of authorization to proceed and will include specific submittal dates. (Remainder of page left blank intentionally) -11- DESIGN PHASE A. Co Fo TABLE 4 LIFT STATION 6 FORCE MAIN IMPROVEMENTS LIST OF PROJECT DELIVERABLES 50% Design Submittal · Three (3) copies of the Preliminary Design Report · Three (3) sets of 11" x 17" Drawings, 50% Complete · One (1) set of Specifications, 50% Complete · 50% Completion Estimate of Probable Construction Cost 90% Design Submittal · Project Specific Documents including drawings on 22" x 34" specifications on 8-1/2" x 11" sheets for review by City. complete. · 90% Completion Estimate of Probable Construction Cost 100% Design Submittal · Project Specific Documents including drawings on 22" x 34" specifications on 8-1/2" x 11" sheets for review by City. complete. · 100% Completion Estimate of Probable Construction Cost Final Design Submittal sheets and Three (3) sets, 100% sheets and Three (3) sets, 100% Project Specific Documents including drawings on 22" x 34" sheets and project specific specifications on 8-1/2" x 11" loose sheets for reproduction by Eckler Engineering. Final Estimate of Probable Construction Cost. (Remainder of this page left blank intentionally.) -12- CITY OF DELRAY BEACH LIFT STATION NO.8 FORCEMAIN IMPROVEMENTS SERVICE AUTHORIZATION NO. 3 OATE August 29. 2002 I. DESIGN PHASE I PERSONNEL D1 Project A~m~nmtratlon / ~ 6 6 D5 ~fi~u~ ~ 8 24 8 ~ P~t ~ Aasls~ 2 2 12 2 ~ 4 2 A~ T~al ~urs 8 ~ 0 1~ ~0 0 12~ 0 TOTAL DESIGN PHASE ~BOR It. REIMBURSABLE EXPENSES DESIGN PHASE EXPENSE TYPE UNIT No OF UN~TS COST PER UNIT TOTAL COST ITEM 1 REPROOUCTION SET 8 $15 00 $120 O0 2 PHOTOCOPIES EA 1,000 $6 20 $200 00 PLOTTING 3 22 X 34 MYLAR J EA 0 J $1500 $600 11 X 17I EA 81I $3 00 S243 00 TRAVEL 4 MILEAGE { MILE 200 I $0 35 $69 00 TOLLSJ EA 5J $1 50 $7 50 SUBCONSULTANTS SURVEY LS I $9,500 O0 $9.500 00 ELECTRICAL LS I $3 300 00 $3,:300 O0 5 STRUCTURAL LS 0 $6 00 $6 00 GEOTECHNICAL LS 0 $O 00 $0 O0 HYAC LS 0 $0 00 $6 O0 SOFTOIG/EASEMENT ALLOWANCE LS I $6 000 O0 $6,000 O0 H TOTAL DESIGN PHASE EXPENSES $19,439.50 GRAND TOTAL $46,000.00 ] No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda AGENDA REQUEST Agenda Item ~ Date: September 23, 2002 When: October 1, 2002 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization No. 3 to Eckler Engineering, Inc. for professional engineering services related to the Lift Station 6, Force Mmn re-routing prolect. Services include flow analysis of hft station 6, pump modification design and force main rerouting. Total amount of Service Authorization No. 3 ~s $46,000.00 and funding is available from Account # 442-5178-536-65.75, Lift Station 6, Force Mare Improvement Prolect. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization No. 3 for Eckler Engineering, Inc. in the amount of $46,000.00. Department head s~gnature: - Determination of Consistency with Comprehensive Plm: City Attomey Rewew/Recommendation (if applicable): Budget Director Review (r,f,q~ on all items involving expenditure of funds): Funding available~,.YE.~,S, flqO ~ Funding alternative' '~'--"- .-- 0f applicable) ('~/~ I Acc°unt N°- & Descp~l°n t4 q~ ~,~/,~[~. Account Balance City Manager Review: Approved for agenda: ~0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S'XEngAdm~nLProjectsX2003X2003-003\OFFICIAL~AgendaReq doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~q~x~ AGENDA ITEM# ~a~ - REGULAR MEETING OF OCTOBER 1, 2002 t~HANGE ORDER NO, 2/FINAL PAYMENT/CHAZ EOUIPMENT CO., !NC. SEPTEMBER 27, 2002 This is before the City Commission to approve Change Order No. 2 in the net deduct mount of $12,414.00 and final payment in the amount of $9,043.00 to Chaz Equipment Co., Inc. for the N.E. 4t~ Street Widening project. Funding is avuihble from 334-3162-541-65.19 (General Construction Fund/NE 4t~ Street) and 442- 5178-536-65.02 (Water/Sewer/NE 4m Street). Recommend approval of Change Order No. 2 and final payment to Chaz Equipment Co., Inc. S:\City Clerk\chevelle folder\agenda memos\Final Paymen[ChazEqmpment. I0.1.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: DAVID T. HARDEN City Manager VICTOR MAJTENYI~ Assistant Construction Manager N.E. 4TM STREET WIDENING (PN 2000-003) Change Order #2/Final, Final Payment SEPTEMBER 23, 2002 www delrayesd, com Attached for Commission approval is an agenda request for closeout Change Order #2/Final to Chaz Equipment Co., Inc. on the NE 4th Street Widening project, PN 00-003. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract. Change Order #2/Final is a net deduct amount of $12,414.00. A request is also made for final payment in the amount of $9,043.00 to Chaz Equipment Co., Inc. A Contractor Evaluation form is attached for your review. Residual funds to be liquidated from PO#602353 to account 334-3162-541-65.19 (General Construction Fund/NE 4th Street) in the amount of $9,787.02 and 442-5178-536-65.02 (Water & Sewer R&R/NE 4t~ Street) in the amount of $2,626.98. CC: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Dir. of Construction City Clerk's Office Agenda File 10/01/02 Project File 00-003(A) $ ~EngAdmtn~Projectsl2OOOI2OOO-OO31CONSTRCT~co2finalmem-lO O1 02 doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2/Final PROJECT NO. 2000-003 DATE: PROJECT TITLE: NE 4th Street Road Widening TO CONTRACTOR: Chaz Equipment Inc. 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: Plus/minus quantity adjustments and changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT 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 PER CENT DECREASE THIS CHANGE ORDER 7.3% TOTAL PER CENT INCREASE TO DATE 32.1% $ 169,132.50 $ 66,800.00 $ 235,932.50 $ (12,414.00) $ 223,518.50 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Chaz Equipment Inc.. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source: 334-3162-541-65.19 (-$9,787.02) and 442-5178-536-65.02 (-$2,626.98) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: ATTEST: By: City Manager City Attorney City Clerk S ~Eng.'Idmtn~Projectsl2OOOI2OOO-OO31CONSTRCT~Co2R 10 O1 02 doc (.9 ~ '-- D = ~ o ° ° ~h6~6,~ ~-. oo ~ ~ Agenda Item No. ~) Request to be placed on: AGENDA REQUEST Date: September 23, 2002 --X--Regular Agenda Special Agenda Workshop Agenda When: October 1, 2002 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for closeout Change Order #2/Final to Chaz Equipment Co., Inc. on the NE 4th Street Road Widening project, PN 00-003. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract. Change Order #2/Final is a net deduct in the amount of $12,414.00. A request is also made for final payment in the amount of $9,043.00 to Chaz Equipment Co., Inc Residual funds to be liquidated from PO#602353 to 334-3162-541-65.19 ($9,787.02) and 442-5178-536- 65.02 ($2,626.98). ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Change Order ~2/Final and Final Payment to Chaz Equipment Co., Inc. Department head signature: _ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review~ on all items involving expenditure of funds): Funding availabld~yES~O ....... Funding alternatives--Of applicable): see above Account No. & Description .~_,~,.~/~ Account Balanc~,/~ ~/~ ~ City Manager Review: ' - .... / Approved for agenda~~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s'\. \00-003~AgReqCO2 closeout 10.01 02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS (;HANGE ORDER CONSTRUCTION CO., INC. - REGULAR MEETING OF OCTOBER L 2002 NO, 3/FINAL pAYMENT/COLONNA SEPTEMBER 27, 2002 This is before the City Commission to approve Change Order No. 3 in the net deduct amount of $30,708.45 and final payment in the amount of $97,170.14 to Colonna Construction Co., Inc. for the Community Improvement Sidewalks project. Funding is available from 334-3162-541-63.11 (General Construction Fund/Bikepaths/Sidewalks), 334-6111-519-63.89 (Neighborhood Enhancements), and 118-1965-554-63.11 (Community Development Fund/Bikepaths) Recommend approval of Change Order No. 3 and final payment to Colonna Construction Co., Inc. S:\Cay Clerk\chevelle folder\agenda memo~\F'mad Payment. Coionna. 10.1.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: DAVID T. HARDEN City Manager .~/( VICTOR MAJTENYIp~f/~ ~ Assistant Construction Manager COMMUNITY IMPROVEMENT SIDEWALKS (PN 2001-004) Change Order #3/Final, Final Payment SEPTEMBER 23, 2002 www. delrayesd com Attached for Commission approval is an agenda request for closeout Change Order #3/Final to Colonna Construction Co., Inc. on the Community Improvement Sidewalks project, PN 01-004. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract. Change Order #3/Final is a net deduct amount of $30,708.45. A request is also made for final payment in the amount of $97,170.14 to Colonna Construction Co., Inc. A Contractor Evaluation form is attached for your review. Residual funds to be liquidated from PO#602351 to account 334-3162-541-63.11 in the amount of $6,450.00, 334-6111-519-63.89 in the amount of $10,313.86, and 118-1965-554-63.11 in the amount of $13,944.59. Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Dir of Construction C~ty Clerk's Office Agenda File 10/01/02 Project File 01-004(A) & ~EngAdmmLProjectsl2OO l ~2OO l-OO41CONSTRCT~co3 finalmem-l O. O l 02.doc CHANGE NO. PROJECT TITLE: TO CONTRACTOR: CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT 3/Final PROJECT NO. 2001-004 DATE: Community Improvement Sidewalks Colonna Construction, Co. Inc. 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: Plus/minus quantity adjustments and changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT 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 PER CENT DECREASE THIS CHANGE ORDER 21.9% TOTAL PER CENT INCREASE TO DATE 59.5% $ 139,770.00 $ 113,934.00 $ 253,704.00 $ (30,708.45) $ 222,995.55 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Colonna Construction Co. Inc. (Conlxactor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source: 118-1965-554-63.11 (~$13,944.59), 334-6111-519-63.89 (-$10,313.86), and 334-3162-541-63.11 (-$6,450.00). DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk S [EngAdmmLProjects~2OOl~2OOl-OO41CONSTRCT~Co2 doc 06 04. 02 doc 0 0 I- z 0 0 0 ~ °°~ ~ Z 0 ~ o .< Agenda Item No. ~''~-' Request to be placed on: AGENDA REQUEST Date: September 23, 2002 --X--Regular Agenda Special Agenda Workshop Agenda When: October 1, 2002 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for closeout Change Order #3/Final to Colonna Construction Co, Inc. on the Community Improvement Sidewalks project, PN 01-004. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract. Change Order #3/Final is a net deduct ~n the amount of $30,708.45. A request ~s also made for final payment in the amount of $97,170.14 to Colonna Construction Co., Inc. Residual funds to be liquidated from PO#602351 to 334-3162-541-63.11 ($6,450.00), 334-6111-519-63.89 ($10,313.86), and 118-1965-554-63.11 ($13,944 59). ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Change Order #3/Final and Final Payment to Colonna Construction Co., Inc. ~) ~,~~:~- t~~ Department head signature: . ,~.- Z.~ - o z,/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Account Balance J J,/_ ~/~z City ~A~n~r ~,,,,i,~,. --~?'-- ~'/_//_-~/~-~. a'?~/,~g ~//~. Approved for agenda: ~/~ Hold Until: ~ ~/~/ Agenda Coordinator Review: Re~ived: Placed on Agenda: Budget Director Review (r}a~t~d on all items involving expenditure of funds): Funding available.' YES~,NO ...... Funding alternative's'Of applicable): ~ee above Account No. & Description .bSz/_ ji~ z .~z//_/~.~. /1_ ~ ~,~.~ /.~ ,_/~ ///.~-I¢-(.,¢. acc ,¢'., ,~.¢A~c-,,f4~cC'~E,~/¢,¢ ,.,~ Action: Approved/Disapproved s:\...~00-003~,gReqCO3 closeout 10.01.02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~l,/~ AGENDA ITEM# ~W CONTRACT ADDITION INC. - REGULAR MEETING OF OCTOBER L 2002 (C.O, #2)/RPM GENERAL CONTRACTORS. SEPTEMBER 27, 2002 This is before the City Commission to approve a contract addition (C.O. #2) to the ESD/Police Depari~nent Interior Modifications project in the amount of $36,828.99 to RPM General Contractors, Inc. The contract addition is for the demolition/removal of three existing cupolas at Fire Headquarters and to completely rebuild same, the repair/rebuild of damaged trusses and roof decking, and extra work performed at the Environmental Services and Police Depariment Buildings. Funding is available from 334-6112-519-46.10 (Building Maintenance) and 441-5123-536-34.90 (Other Contractual Services). Recommend approval of the contract addition (C.O. #2) with RPM General Contractors, Inc. for the restoration of the cupolas at Fire Headquarters. S:\Ctty Clerk\chevelle fokler\agenda memo~\Contract AckhtiomRPM General Contractors, Inc. 10.102 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: DAVID HARDEN City Manager VICTOR MAJTENYI/~5~ Assistant Construction Manager ESD AND POLICE DEPT. INTERIOR MODS (PN 2001-011) Contract Addition for Rebuilding Fire Headquarters Cupolas SEPTEMBER 25, 2002 www. delrayesd com Attached for City Commission approval is an agenda request to approve a Contract Addition (C.O. #2) to RPM General Contractors, Inc. in the amount of $36,828.99 to the ESD/Police Department Interior Modifications project. This Contract Addition is for demolition/removal of three existing cupolas at Fire Headquarters and to completely rebuild same, the repair/rebuild of damaged trusses and roof decking, and extra work performed at the ESD & Police Department buildings. After removing the exterior skin of the large cupola and exposing structural members for investigation, City engineering staff and Architect (Jose Aguila/Robert G. Currie's office) determined that damage from water and termites to structural members was extensive, compromising the integrity of the cupola structure. The two smaller cupolas revealed similar damage, although not as severe. With restoration not an option, the contractor was directed to completely remove all three cupolas and execute a temporary roof dry-in to the affected areas. This change is for completely rebuilding all three cupolas to current building code requirements and performing repairs to a 25' section of wood roof truss as directed by our structural engineer. The cost of this scope of work is a net add of $24,373.65 as itemized on Schedule B-Option 1 of Change Order #2, with funding from 334-6112-519-46.10 after budget transfer. Also in this change order is the extra work performed at the ESD building. Work consisted of demolishing block walls and drywall partitions to accommodate the installation of storefront doors, reconstruction of offices with associated electrical and mechanical modifications, and miscellaneous finishes. These modifications were implemented to segregate the water/sewer network operating and maintenance activities from the ESD administrative staff. This division enhances operational efficiencies and provides each one with a separate entrance to improve security. The cost for this scope of work is a net add of $12,455.34 as itemized on Schedule A of Change Order #2, with funding from 441-5123-536-34.90 after budget transfer. S. ~EngAdmm~Projects~2001 ~2001-0461CONSTRC7~co2 (ca) mem-10. O1 02 doc Staff recommends Change Order #2 to RPM General Contractors, Inc. in the add amount of $36,828.99. Funding is from 334-6112-519-46.10, $24,373.65 (Repair and Maintenance/Building Maintenance) and 441-5123-536-34.90, $12,455.34 (Water & Sewer/Other Contractual Services). CCi Richard C Hasko, P.E.; Director of Environmental Services Kerry Koen; Fire Chief Rafael Ballestero; Deputy Director of Construction Brad Fitzer; Assist. Fire Chief City Clerk Agenda File Project File, 2001-046A S ~Eng~dmtn~Projects1200112001-O461CONSTRCT~co2 ~ca) mere-lO 01.02 doc CHANGE NO. 2 PROJECT TITLE: TO CONTRACTOR: CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT (Contract Addition) PROJECT NO. 2001-011 DATE: ESD and Police Department Interior Modifications RPM General Contractors, Inc. 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: Rebuild 1 large and 2 small Fire Headquarters rooftop cupolas: remove completely and rebuild per the attached Schedule B- Option 1. 2). Plus / minus quantity adjustments for extra work related to ESD & Pohce Departments Interior Modification project per attached Schedule A. SUMMARY OF CONTRACT AMOUNT 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 PER CENT INCREASE THIS CHANGE ORDER 67% TOTAL PER CENT INCREASE TO DATE 126% $ 54,841.00 $ 32,060.00 $ 86,901.00 $ 36,828.99 $ 123,729.99 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. RPM General Contractors, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source: 334-6112-519-46.10 (Repair & Maintenance/Building Maintenance), $24,373.65; 441-5123-536-34.90 (Water & Sewed Other Contractual services), $12,455.34 DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk g \l~n~Admm\Pmiee, t~\?O01\?OO1-046\CONKTRCT~CcO 1 f)07 07 dnc 0~- 0 0 0~.- 0 0 I- Z 0 g g F,re Headquarters Cupola Repairs P/N 01-045 Bid Tab SCHEDULE B ITEM EST. DESCRIPTION UNIT NO. QTY. I RestoraUon of man cupola (center), EA 1 complete p~ plans and speclficatmns 2 Restoratmn of cast cupola, EA 1 complete per plans and speclficauons 3 Restorauon of west cupola, EA 1 complete per plans and specifications 4 Contmgancy Allowance L $ 1 CONTRACT ADDITION #l, BID ITEMS 1 through 4 (previousl~ approved~ RPM General Contractors, Inc. EXTENDED UNIT PRICE TOTAL PRICE $11,780 00 $11,780 00 $6,390 O0 $6,390 O0 $6,390 O0 $6,390 O0 $7,500 O0 $7,500 O0 $32,O6O.OO OPTION 1 Install 3 New Cupolas Demo & Dhpose of 3 Cupolas L S 1 Construct & Install Large Cupola L S 1 Construct & Install Smafl Cupola L S 2 Repair Damaged Trusses L S 1 Credit on Original Scope of Contract L S 1 *Less Contingency Allowance L S 1 TOTAL Change Order to Install 3 New Cupolas $4,417 30 $15,981 42 $7,557 68 $15,115 36 $4,028 59 ($7,669 02) ($7,500 00) $24,375.65 OPTION 2 Delete 3 Cupolas & Secure Roof Demo & Dispose of 3 Cupolas L S l Repair Damaged Trusses L S 1 Sc'cum Roof~ 3 locations; new decking/ paper / concrete tile. L S 1 Credit on Original Scope of Contract L S 1 *Less Contingency Allowanc~ L S I TOTAL Change Order to Delete 3 Cupolas $4,417 30 $4,028 59 $5,323 13 ($7,669 02) ($?,500 00) ($1,400.00) Rrm Hedqumrtmm Cupolm Repmim P.~N 01-046 Page I of 1 8 tEngAdmln~ rojects~2001~2001-048~CONSTRCT~Cu pola repmr opeons 08.2602 Agenda Item No. ';~C AGENDA REQUEST Date: September 23, 2002 Request to be placed on: --X--Regular Agenda Special Agenda Workshop Agenda When: October 1, 2002 Description of item (who, what, where, how much): Request to approve a Change Order #2 (Contract Addition) to RPM General Contractors, Inc. in the amount of $36,828.99 to the ESD and Police Department Interior Modifications proiect, (PN 2001- 011) The damage to the existing cupolas was extensive with restoration cost prohibitive. Th~s Contract Addition is for the complete rebuild of the cupolas at Fire Headquarters, to the current building code requirements, and repairs to damaged roof trusses and roof decking. Also included in this change order are extra modifications to the ESD and Police Department buildings. Prices are commensurate with the work to be performed. Funding is from 334-6112-519-46.10 in the amount of $24,373.65 (Repair & Maintenance/Building Maintenance) and 441-5123-536-34.90 in the amount of $12,455.34 (Water & Sewer/Other Contractual Services). ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Change Order ~ (Contract Addition) to RPM General Contractors, Inc. Department head signature: Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation if applicable): Budget Director Review (~d on all items involving expenditure of funds): Funding available[: YES, NO __ ~ Funding alternativ'es-~ applicable): see~ov~~ Account No. & Description $~,-[- ~ {/j 'Fig ,z/(,, , I d -~ ~ ~ ~ /~/ ~l~ ~ ~ ~ ~ ~ ~ ~_ ~1 cc untBaance ~3Y~ll - /q'~G.l~-~ D/~~/~,~, ~ ~'~4 ~,~ A~rov~d ~r ~d~: ~8/~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~..301-046~agreq 10.01.02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AOE NDA ITEM %b. REGULAR MEETING OF RESOLUTION NO. 80-02 SEPTEMBER 27, 2002 OCTOBER 1, 2002 This is a resolution assessing costs for abatement action required to remove nuisances on fourteen (14) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 80-02. AgmemoCE.Res No 80-02 RESOLUTION NO. 80-02 A RESOLUTION OF T~E CITY COMMISSION OF T~ CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES ~PON CERTAIN LAND(S) LOCATED WITHIN T~E CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICH OF LIEN S~ALL ACCOMPANY THE NOTICE OF ASSESSMENT~ SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEV~XN~ TH~ COST OF SUCH ABATEMENT OF NUISANCES~ PROVIDING FOR AN ~CTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS ~ PROVIDING FOR TH~ RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN ~IPON THE S~BJECT PROPERTY FOR UNPAID ASSESSMENTS. WHiP. AS, the City Negater or has designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ord/nances of the City of Delray Beach, the City Manager or his designated representative has inspected said lend(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature o£ the nuisance(s) and sent notice that within tan (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct ~s condition by abating such nuisance, and that the cost thereof would he levied ae an assessment against said property~ end, WK~REAS, the property owner(s) named An the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within ~he time l{m~ts prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s)~ end, WB~P~AS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City A~nistration was therefore required to end did enter upon the land(s) described An the list attached end made a part hereof and incurred costs An abating the subject nuisance(s) existing thereon as described in the notice~ and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City C~-..-4ssion a report of the costs incurred in abating said nuisance(s) as aforasaid, said report indicating the costs per parcel of land involvedl and, WHEREAS, the City Comm/ssion of the City of Dalray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACh, FLORIDA, AS FOLLOWS; Section 1. That assessments in the individual ~mounts as shown by the report of the City Manager of the City o£ Dalray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, ara hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the s~me nature and to the same extent as the lien for general city ~axas and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the Ci~ of Delray Beach is hereby directed to im~adiatel¥ mail by ~irst class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Dalray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing data of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorneyJs fees and other costs o£ collecting said su~. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per ~um plus, if collection proceedings ara necessary, the costs of such proceedings includ£ng a reasonable attorney's fee. Section 5. That An the event that payment has not been received by the City Clark within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and t~me of recording of the certified copy of this resolution a lien aha11 become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. R~. No. 8~02 PASSED AND ADOPTED An regular eess£on on this the · 2002. day o£ MAYOR ATTEST City Clerk 3 Res. No. 80-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER I ASSESSMENT DELRAY SHORES, LOT 3, BLOCK 3, PB 24, P 232, i PUBLIC RECORDS OF PALM BEACH COUNTY, FL (524 ANGLER DRIVE) MARKER 88, INC. 12 43 46 07 01 003 0030 4560 RIVER BOTTOM DRIVE I CUST ID # 8163 NORCROSS, GA 30092 i $ 50.45 $ 55.00 ADM FEE TOWN OF DELI=AY, LOTS 8 & 9, BLOCK 15, PB 1, P 3, ALFREDA GORDON , PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1824 NW 68TH STREET (VAC LOT NOORTH OF 217 SW 7TH AVENUE) MIAMI, FL 33147-7458 12 43 46 16 01 015 0080 CUST ID # 475 $ 96.80 $ 55.00 ADM FEE SUB 8-46-43, S 150 FT OF W 1/2 OF LOT 19 (LESS S 20 FT, W 20 FT & E 20 FT), PB 1, P 3, WILLIE L. WRIGHT & PUBLIC RECORDS OF PALM BEACH COUNTY, FL ERMA WRIGHT (402-406 NW 10TH AVENUE) c/o SHEDRICK FASHAW 12 43 46 08 21 000 1560 221 NO COUNTRY CLUB BLVD CUST ID # 201 BOCA RATON, FL 33487 $ 112.16 $ 55.00 ADM FEE TOWN OF DELRAY, S 50 FT OF N 227 FT OF W 135 FTOF BLOCK 2, PB 1, P3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (231 NW 8TH AVENUE) JOSEPH PRICE 12 43 46 16 01 002 0160 PO BOX 1432 CUST ID # 7258 BARNSWELL, SC 29812 $ 58.10 $ 55.00 ADM FEE SUB. 17-46-43, E 50 FT OF W 583 FT OF S 140 FT OF N 165 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4, JACQUEL DAWSON PB 1, P 3, PUBLIC RECORDS OF PALM BEACH C/O ANNAS RETREAT COUNTY, FL ESTATE TUTU # E-7 (1410 NW 2ND STREET) ST. THOMAS, US, VI 00820 12 43 46 17 00 000 3080 CUST ID #256 $ 74.90 $ 55.00 ADM. FEE Res. No. 80-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE SOUTHRIDGE, LOT 6, BLOCK 7, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL DAVID MORENO & (2406 SUNDY AVENUE) JOSEPH MORENO 12 43 46 20 13 007 0060 5222 NW 98 WAY CUST ID # 8916 CORAL SPRINGS, FL 33076-2640 $ 50.45 $ 55.00 ADM FEE SOUTHRIDGE, LOT 7, BLOCK 7, PB 50, P 98, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (2410 SUNDY AVENUE) DAVID MORENO & 12 43 46 20 13 007 0070 JOSEPH MORENO CUST ID # 8916 5222 NW 98 WAY CORAL SPRINGS, FL 33076-2640 $ 50.45 $ 55.00 ADM FEE ATLANTIC PARK GARDENS, DELRAY, LOT 16, BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (35 NW 13TH AVENUE) DOMINGO CUEVAS 12 43 46 17 18 001 0160 511 NE 39TH STREET CUST ID # 118 POMPANO BEACH, FL 33064 $ 50.45 $ 55.00 ADM FEE SUB 17-46-43, S 50 FT OF N 150 FT OF E 135 FT OF S 1/2 OF N 1/2 OF LOT 6/LESS E 25 FT STREET R/O/W PB 1, P 3, PUBLIC RECORDS OF PALM C.A.M. DEVELOPMENTS BEACH COUNTY, FL 11766 OSPREY POINT CIRCLE (114 NW 10TH AVENUE) LAKE WORTH, FL 33467 12 43 46 17 42 006 0010 CUST ID # 9577 $ 65.90 $ 55.00 ADM FEE SUB 17-46-43, N 80 FT OF E 125 FT OF W 150 FT OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3, PUBLIC CARLTON NEWTON RECORDS OF PALM BEACH COUNTY, FL 125 NW 12TH AVENUE (125 NW 12TH AVENUE) DELRAY BEACH, FL 33444 12 43 46 17 42 006 0230 CUST ID # 9309 $ 59.45 $ 55.00 ADM FEE Res. No. 80-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE SUB 17-46-43, S 50 ft Of W 135 ft (LESS W 25 FT RD R/O/W) Of S 1/2 Of N 1/2 OF LOT 6, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ETHEL SCOTT ESTATE (1119 NW 1ST STREET) 77 2ND STREET 12 43 46 17 42 006 0090 FARMINGTON, NY 14425-1086 CUST ID # 92 $ 65.90 $ 55.00 ADM FEE MONROE SUB, LOT 23, BLOCK 12, PB 14, P 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FL DOROTHY J. BUTLER & (620 NW 1ST STREET) PAUL JONES, JR 12 43 46 17 01 012 0230 1117 S.W. 8TH STREET CUST ID # 65 DELRAY BEACH, FL 33444 $ 58.10 $ 55.00 ADM FEE TOWN OF DELRAY, W 50 FT OF E 200 FT OF S 135 FT OF S 1/2 OF BLOCK 22, PB 1, P 3, PUBLIC JOHNNIE MARTIN, JR. RECORDS OF PALM BEACH COUNTY, FL 215 SW 7TH AVENUE (515 SW 2ND STREET) DELRAY BEACH, FL 33444 12 43 46 16 02 022 0180 CUST ID # 259 $ 65.90 $ 55.00 ADM FEE DELRAY BEACH HIGHLANDS SECTION 1, LOT 26, BLOCK 3, PB 26, P 209 (1228 SOUTH CONGRESS AVENUE) WASHINGTON MUTUAL BANK 12 43 46 19 02 003 0260 1201 3RD AVENUE CUST ID # 9716 SEATTLE, WA 98101 $ 58.10 $ 55.00 ADM FEE VIOLATION IS: SECTION 100-01. LAND TO BE KEPT FREE OF -- __DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. I 6 Res. No. 80-02 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~ ,,,--- PAUL DORLING, DIRECTOR OF PLANNII~ AND MICHELLE HOYLAND, SENIOR PLANNER ,./~~ MEETING OF OCTOBER 1, 2002 *** CONSENT AGENDA*** ACCEPTANCE OF A WATER SERVICE AGREEMENT ASSOCIATED WITH THE DEVELOPMENT OF DEVCO PLAZA. The subject property is located west of Military Trail, at the southwest corner of Markland Lane and West Atlantic Avenue. The subject property (2.0 acres) is located within the County and is seeking a Water Service Agreement from the City for a project to be known as Devco Plaza, a proposed 14,510 sq.ft, office building. The water service agreement includes an agreement of voluntary annexation (when eligible) as well as an agreement to comply with the City's Land Development Regulations (LDRs) with development of the property. The project cannot be annexed at this time, as it would create an enclave. The subject property contained single family dwellings, however those structures were demolished and the land cleared in conjunction with construction of the adjacent multiple family apadment development (The Enclave), which also obtained a water service agreement and site plan approval from the City in November 1998. On October 6, 1999, a Class V site plan application was approved by SPRAB (Site Plan Review and Appearance Board) to verify compliance with the City's LDRs (Land Development Regulations) as stipulated in the City's water service agreement for the construction a new 14,000 sq. ft. commercial building, parking and landscaping. The associated water service agreement was approved by the City Commission at its meeting of October 19, 1999. Pursuant to the requirements for water service agreements, water service must be activated with two years of the date of the agreement or said agreement shall be void. As water service was not activated within the two years, the previous water service agreement expired on October 19, 2001. A site plan application has been submitted to the City to verify compliance with the City's LDRs, associated with the construction of a 14,510 sq. ft. office building. The project has been reviewed under the POD (Planned Office Development) criteria, as this would be the initial zoning if annexation were considered. The project received site development approval from the County Commission on June 29, 2000. The Assistant City Attorney has reviewed and approved the agreement as to form and sufficiency, and the agreement is acceptable to the Environmental Services Department. At its meeting of September 25, 2002, the Site Plan Review and Appearance Board approved (7-0 vote) the site and development plans associated with the water service agreement subject to conditions. The majority of these conditions related to minor changes to the site plan. It is recommended the water service agreement be approved subject to the submittal of revised plans addressing these outstanding conditions. By motion, approve the standard water service agreement for Devco Plaza, subject to the submittal of revised plans addressing conditions of SPRAB approval. Attachments: Water service agreement, Location map, Site development plans PREPARED BY: RETURN TO: Susan A. Ruby, Esq. City Attorney - 200 NW 1't Avenue Delray Beach, FIodda 33444 AGREEMENT FOR WATER SERVICE This agreement, made on this between Home Devco. LLC day of , 20 hereinafter called the CUSTOMER, and the CITY OF DELRAY BEACH, , by and a municipal corporation of the State of Florida, hereinafter called the CITY. WITNESSETH, that the CUSTOMER, his heirs and assigns, for and in consideration of the privilege of receiving water service from the Municipal Water System, agrees to the following: The CUSTOMER agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the Director of Environmental Services, to provide service to the CUSTOMER'S premises. The CUSTOMER shall be responsible for the installation and conformance with all applicable codes, rules, standards and regulations of all service lines, and connections on the CUSTOMER'S premises. The CITY shall have the option to perform the necessary work or the CITY may have such work performed by outside forces in which case the CUSTOMER shall pay in advance all estimated costs thereof. In the event the CITY has such work performed, the CUSTOMER shall remit such advance funds and any additional funds as may be necessary to pay for the actual completed project for the extension of services. Any main extension made under this agreement shall be used only by the CUSTOMER, unless permission is granted by the CITY for other party or parties to so connect. If the CITY requires upsizing or increased capacity beyond what is determined to be adequate by the Director of Environmental Services in size and/or capacity, a pro-rata refund will be made directly to the CUSTOMER by the CITY to compensate these additional costs. The CITY may also require alternative bids to document the increased sizes or capacity to establish these cost differences. The CUSTOMER acknowledges that its right to receive any refund pursuant to this paragraph is subordinate to any and all requirements concerning the City's outstanding water and sewer revenue bonds. Title to all mains, extensions and other facilities extending from the CITY water distribution system to and including the meter to service the CUSTOMER shall be vested to the CITY exclusively. The CUSTOMER agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the CITY limits applicable under the CITY'S ordinances and rate schedules which are now applicable or as may be changed from time to time. -4- o Any rights-of-way or easements necessary shall be provided by the CUSTOMER. It is understood by the CUSTOMER, and shall be binding upon the CUSTOMER, his transferees, grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold under this agreement is made available from a surplus. If a surplus does not exist at the time of the CUSTOMER'S actual request for commencement of service, as determined by the CITY'S Environmental Services Director, then the CITY without liability may refuse to initiate service to the subject premises. The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 171.044 of the Florida Statutes or .any successor or amendment thereto. Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this agreement shall also be considered a petition and request for annexation under such other laws. The premises shall be subject to annexation at the option of the CITY at any time they are eligible under any one or more of the above-referenced laws concerning annexation. The legal description of the subject premises is as follows: See attached Exhibit A 7a, The CUSTOMER acknowledges that this covenant for annexation is intended to be and is hereby made covenant running with the land hereinabove described. That this agreement is to be recorded in the public records of Palm Beach County, Florida, and that the CUSTOMER and all subsequent transferees, grantees, heirs, successors, and assigns of the CUSTOMER shall be bound by this annexation agreement. It is understood by the CUSTOMER that the CUSTOMER by signing this agreement is hereby providing written consent to the Stormwater Management Assessment levied by the City pursuant to its ordinance and Florida Statutes, Chapter 197. This consent is a written covenant running with the land. This agreement shall be recorded in the Public Records of Palm Beach County, Florida. The CUSTOMER and all subsequent transferees, grantees, heirs, successors, and assigns of the CUSTOMER shall be bound by this written consent to the Stormwater Management Assessment. It is hereby agreed that the CITY shall have no liability for the termination of water service to the premises, if the City Commission shall determine that it is appropriate to protect the public health, safety and welfare of the property or inhabitants in the City of Delray Beach, so long as the premises remain outside of the CITY limits. In the event the City Commission makes such a determination, the CITY shall be and is hereby authorized to discontinue water service to the premises upon ninety (90) days notice given by the CITY. In the event that the City Commission of the CITY determines that it is necessary to permanently discontinue water service to the above property, then the CITY shall execute a recordable release of this water service agreement which shall be recorded at the expense of the CUSTOMER. -5- 9. In addition to the limitation of the CITY'S liability under Paragraph 8 above, it is agreed the CITY shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this agreement due to any prohibitions, restrictions, limitations, or requirements of local, regional, state, or federal agencies or other agencies having jurisdiction over such matters. Also, the CITY shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other causalities, or other circumstances beyond the CITY'S reasonable control. 10. The CUSTOMER hereby agrees to indemnify, defend and hold harmless the City of Delray Beach, Florida, its Mayor, members of the City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or.in connection with post-judgment collection) and costs arising out of or resulting from the CUSTOMER'S obligations under or performance pursuant to this agreement. 11. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this agreement. No modification or change in this agreement shall be valid or binding upon the parties unless in writing executed by the parities to be bound thereby. 12. The water use granted by this agreement is for the quantity of 2 tap(s) located on the property described in Paragraph 7, above. The water shall be in conjunction with Omce use as depicted upon the plan known as Devco Plaza Site Plan and approved by the Site Plan Review and Appearance Board on Any water furnished under this agreement shall not be used for irrigation purposes unless such use is specifically and separately approved by the Director of Environmental Services. 13. As an expressed condition of this agreement, the CUSTOMER further agrees to abide by all ordinances of the CITY which' are in effect at the time of development, redevelopment, or renovation on the site and which pertain to land use and development matters. Such matters include, but are not limited to signage, landscaping, architectural review and approval, and the CITY'S formal site plan review and approval processes. However, no development requirements of the CITY shall be imposed which shall have the effect of diminishing a County development standard or requirement. In such cases, the CITY requirement shall be subservient and no further action of waiver or variance shall be required. 14. VVater .~e~¥ice, pursuant to this agreement, must be activated within two years of the date of this agreement or said agreement shall be void. This agreement shall also become void upon annexation to the City of Delray Beach. 15. This agreement and the terms and conditions thereof shall be binding on all successors, heirs and assigns of the CUSTOMER and this agreement shall be recorded in the Public Records of Palm Beach County, Florida. -6- (Name printed or tTpe wr,~tt~In) (Name pnnted or type wn~en) IN WITNESS WHEREOF the parties hereto have this~ement th, e'day?and/'-'" year first written. :iM/ "!.~.~/ / (Name pnnted or Wpe wriRen) (NOTARY'S SEAL) STATE OF COUNTY The foregoing instrume~nt, was ac~l,w]~,~ged befor_e_:me this / (~ pe'r~ona!~/ known to me or has produced (Type of Identification) as identification and who did (~//t) take an oath. (Pnnted Name of Notary Public) (gignature of Notary Pubhc) Commission # , My Comm~ , day of who is foregoingj~:~trument was acknowl.edgeCq~efore me,this i /,¢, of %[~ , The 20 (3~ -''~ -, by '."..~"t ~,-~o..¢~ ~. %L.) {~'~L_,.7.. i ~r'~ & Ot'X.~ (n~e & title of office~',~r agent), of ~~ - _'~'"F~J ~_c~ Z~L,¢~C- - ' (name of corporation acknowledging), a '~--.[ LL~'~<..- (state or place of incorporabon) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as i~ and who-did (did r~_t) take an oath. , (Printed Name of Notary Public)' 't'~ignature of Nota~-Publlc) ~ Commission # (NOTARY'S SEAL) Expires -7- Legal Description Approved by the Planning & Zoning Department: h Form Approved by the City A~orney's D~ce: (S~gn) ATTEST: CiTY OF DE~_RAY BEACH (City Clerk) (Mayor) -8- EXECU TI VE SQUARE CAN AL L-5,5 WEST CA RNI VA L FLEA M A RKE T MARKETPLA CE OF DELRA Y OFFICE DEPOT ATLANTIC AVEN U THE ENO ¢E SOUTHTRUST BANK BANK PINES WEST PLAZA II I ADAMS ROAD N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DEVCO PLAZA ---- DIGITAl ~$E MAP SFSr£M -- MAP REF Lid649 L~ ~, t! ih!l: , J, ,~Jl~l I~l~Jj: I~ Ii l-:. J J ~l Jill{il l ![ ! Il| 1 t £1TV OF DELRflV BEflI:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line 561/243-7091 ~ 9u3 DATE: MEMORANDUM September 25, 2002 TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Interlocal Agreement between the City and CRA for Planning Services This Interlocal Agreement renews the prior Interlocal Agreement for planning services that expires on September 30, 2002. The City shall provide planning services to the CRA regarding certain neighborhood plans, mapping and graphic services as well as the services of the Parking Management Specialist. This Agreement is for a one year period and the CRA shall pay the City an amount up to $60,000.00 for such services. By copy of this memo to David Harden, our office requests that this item be placed on the October 1, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Paul Dorling, Director of P&Z Diane Colonna, Executive Director CRA INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PLANNING AND OTHER SERVICES THIS AGREEMENT is made this day of ,2002 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the City's Comprehensive Plan requires the preparation of redevelopment plans for locations within the city limits which are also located within the CRA's boundaries; and WHEREAS, the CITY and the CRA will benefit from the services of a Parking Management Specialist; and WHEREAS, the both parties desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CITY will provide the following services: A. The CITY shall provide planning services to the CRA relating to the formation and implementation of neighborhood plans and associated planning tasks related to the Downtown Business District and West Atlantic Redevelopment. B. The CITY shall provide for the shared use of the services of a Parking Management Specialist. C. The CITY shall provide the CRA with certain mapping and graphics services, so long as the services can be performed by the CITY in house. D. The CITY shall pay the cost of supplies except for reproduction costs of final plans. E. If there is a problem with the computer network at the CRA's current location, the CITY will assist the CRA in an effort to resolve the problem.. 3. The CRA shall provide the following: A. Prior reasonable notice to the CITY of service requests; B. Reproduction of all final.plans at its own cost; C. All information that the CITY requests from the CRA that the CITY determines it needs to carry out the service to be provided by the CITY. 4. The term of this Agreement shall commence October 1, 2002 and terminate on September 30, 2003. 5. The CRA shall pay to the CITY up to $60,000.00 a year for the services provided by the CITY, payable in $15,000.00 increments quarterly, with October 1st as the commencement of the first quarter. In the event the Parking Management Specialist position becomes vacant, then the obligation of the CRA shall be reduced to $2,500.00 payable per quarter for planning services, until the position is filled wherein the $15,000.00 per quarter payment shall resume. 2 6. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01 (11) of the Florida Statutes. 7. No prior or present agreements or representation with regard to any subject mater contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 8. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 9. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 10. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 11. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: David W. Schmidt, Mayor ATTEST: COMMUNITY REDEVELOPMENT AGENCY Print Name: By: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of ., 2002, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida 4 [ITY OF DELRFlY BEFI[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line 561/243-7091 ~ 9'~3 DATE: MEMORANDUM September 25, 2002 TO: FROM: City Commission ~ Brian Shutt, Assistant City Attorney SUBJECT: Interlocal Agreement between the City and CRA for Assistance in Funding Staff Support for WARC This Interlocal Agreement renews the prior Interlocal Agreement for funding staff support for WARC that expires on September 30, 2002. The City shall provide financial assistance to the CRA for one-half of the salary and benefits for one staff member to provide assistance to WARC in the amount of $33,350.00. This Agreement is for a one year period and is only for financial funding of the position. By copy of this memo to David Harden, our office requests that this item be placed on the October 1, 2002 City Commission agenda. Please call if you have any questions. Attachment CC; David Harden, City Manager Barbara Garito, City Clerk Diane Colonna, Executive Director CRA INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR ASSISTANCE IN FUNDING STAFF SUPPORT FOR THE WEST ATLANTIC REDEVELOPMENT COALITION, INC. THIS AGREEMENT is made and entered into this day of , 2002 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, herein referred to as the "CITY" and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA". WlTNESSETH: WHEREAS, the CRA is committed to the implementation of the West Atlantic Avenue Redevelopment Plan and to the success of the West Atlantic Redevelopment Coalition, hereinafter referred to as '~/VARC"; and WHEREAS, the City Commission has a significant interest in the redevelopment of the West Atlantic Redevelopment Corridor, and therefore, to the success of WARC and the implementation of the West Atlantic Redevelopment Plan; and WHEREAS, the CITY wishes to assist the CRA in providing financial assistance in providing for staff assistance to WARC; and WHEREAS, the CRA wishes to continue to financially support WARC through staff support but requires additional assistance. NOW, THEREFORE, in consideration of the mutual covenants and promises contained, the parties agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The term of this contract shall commence on the 1st day of October, 2002, and terminate on the 30~ day of September, 2003. o The CITY shall provide financial assistance to the CRA for one-half of the salary and benefits for one staff member to provide assistance to WARC for the redevelopment of the West Atlantic Avenue Corridor, in an amount not to exceed $33,350. The CRA will provide for the other remaining salary and all other benefit costs as well as any program related costs. The CITY is not responsible for any items related to the West Atlantic Redevelopment Program such as travel, entertainment, professional development, newsletter costs, and other program related costs or expenses. No prior or present agreements or representations with regard to WARC staff support services shall be binding on the CITY or the CRA unless included in this Agreement. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing or executed by the party or parties intended to be bound by it. The CITY, by entering into this Funding Intedocal Agreement, does not undertake any responsibility other than funding and shall not be deemed an employer, nor is it intended that this agreement constitute an employment agreement binding on the CITY. The validity of any portion, article, paragraph, provision, clause, or any portion thereof in the Agreement shall have no effect upon the validity of any other part or portion hereof. To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. This Agreement shall be governed by and in accordance with the laws of the State of Florida. Neither the CITY, nor the CRA shall assign, convey, or transfer any rights or interest in this Agreement without the written consent of the other. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor City Attorney ATTEST: Print Name: COMMUNITY REDEVELOPMENT AGENCY By: Print Name: MEMORANDUM To: From: Subject: City Commission David T. Harden, City Manager ~ Public Financial Management -- Contract Renewal for Financial Advisory Services Date: September 25, 2002 Public Financial Management (PFM) has been the City's Financial Advisor for all of the City's Bond Issues for the past ten years. Public Financial Management has agreed to provide us with the same rate structure that we have had since 1990 for the next two year period. The fees are provided in the attached back-up material. The contract permits termination with or without cause by either party at their convenience upon thirty days written notice to the other party. Staff has been more than satisfied with the level of expertise and consistency that PFM has provided and therefore, recommend approval of the contract. MEMORANDUM From: Subject: David T. Harden, City Manager M. Sa~'~rector of Finance Joseph Public Financial Management -- Contract Renewal for Financial Advisory Services Date: September 25, 2002 Public Financial Management (PFM) has provided financial advisory services relative to all of the City's Bond Issues for the past ten years. Public Financial Management has agreed to provide us with the same rate structure that we have had since 1990 for the next two year period. The fees are as follows: For services related to Debt Transactions, (including Bonds) PFM will receive a fee of $0.75 per $1,000 of bonds subject to the following minimum transaction fees: Negotiated Sale $12,500 Competitive Sale $15,000 Refunding $15,000 For services related to financial planning and policy development, PFM will receive an hourly rate for assigned tasks as follows: Managing Director $175 Senior Managing Consultant $160 Consultant $130 The contract also permits termination with or without cause by either party at their convenience upon thirty days written notice to the other party. We recommend keeping Public Financial Management, Inc. as financial advisors in order to maintain consistency of service and to help in the expedition of the refinancing of several existing bond issues. We have been more than satisfied with the level of expertise and consistency that PFM has provided and therefore, recommend approval of the contract. AN AGREEMENT BETWEEN CITY AND PUBLIC FINANCIAL MANAGEMENT, INC., FOR FINANCIAL ADVISORY/ CONSULTANT SERVICES This agreement, made and entered into this 1 st day of October, 2002, by and between City of Delray Beach, (hereinafter called the "City") and Public Financial Management, Inc., authorized to do business in the State of Florida (hereinafter called the Financial Advisor/Consultant or "PFM') sets forth the terms and conditions under which the Financial Advisor/Consultant shall provide services. WITNESSETH WHEREAS, the City is desirous of obtaining the services of a Financial Advisor/Consultant to assist in implementing strategies to meet its current and long term capital financing requirements and to render assistance in the preparation and marketing of debt, and WHEREAS, PFM represents that it is capable of providing the necessary financial consulting services; and NOW, THEREFORE, in consideration of the above mentioned premises and for the purposes of the Agreement and the various covenants, conditions, terms and provisions which follow: I. SCOPE OF SERVICES PFM shall provide, upon request of the City, services related to financial planning and policy development and services related to debt issuance. The services provided shall include but not necessarily be limited to the following: 1. Service related to the Financial Planning and Policy Development upon request of the City: · Assist the City in the formulation of Financial and Debt Policies and Administrative Procedures. Review current debt structure, identifying strength and weaknesses of structure so that future debt issues can be structured to maximize ability to finance future capital needs. This will include, but not be limited to, reviewing existing debt for the possibility of refunding that debt to provide the City with savings. Analyze future debt capacity to determine the City's ability to raise future debt capital. Assist the City in the development of the City's Capital Improvement program by identifying sources of capital funding for infrastructure needs. Assist the City with the development of the City's Financial Plan by assessing capital needs, identifying potential revenue sources, analyze financing alternatives such as pay-as-you-go, lease/purchasing, short-term vs. long-term financings, assessments, user fees, impact fees, developer contributions, public/private projects, and grants and provide analysis of each alternative as required as to the budgetary and financial impact. Review the reports of accountants, independent engineers and other project feasibility consultants to ensure that such studies adequately address technical, economic, and financial risk factors affecting the marketability of any proposed revenue debt issues; provide bond market assumptions necessary for financial projections included in these studies; attend all relevant working sessions regarding the preparations, review and completion of such independent studies; and provide written comments and recommendations regarding assumptions, analytic methods, and conclusions contained therein. Develop, manage and maintain computer models for long-term capital planning which provide for inputs regarding levels of ad valorem and non-ad valorem taxation, growth rates by operating revenue and expenditure item, timing magnitude and cost of debt issuance, and project operating and capital balances with selected operating and debt ratios and other financial performance measures as may be determined by the city. Provide debt service schedules reflecting varying interest rates, issue sizes, and maturity structures as these are needed for feasibility consultants or for related City fiscal planning; · Attend meetings with staff, consultants and City Officials. · Review underwriter's proposals and submit a written analysis of same to the City. Undertake any and all other financial planning and policy development assignments made by the City regarding bond and other financings, and financial policy including budget, tax, cash, management issues and related fiscal policy and programs. · Assist the City in preparing financial presentations for public hearings and/or referendums. · Provide other special financial services as requested by the City. Services Related to Debt Transactions (includes short term financings, notes, loans, letters of credit, line of credit and bonds) upon request of the City: · Analyze financial and economic factors to determine if the issuance of bonds is appropriate. Develop a financing plan in concert with City's staff which would include recommendations as to the timing and number of series of bonds to be issued. · Assist the City by recommending the best method of sale, either as a negotiated sale, private placement or a public sale. · In a public sale, make recommendation as to the determination of the best bid. In the event of a negotiated sale, assist in the solicitation, review and evaluation of any investment banking proposals, and provide advice and information necessary to aid in such selection. · Advise as to the various financing alternatives available to the City. · Develop alternatives related to debt transaction including evaluation of revenues available, maturity schedule and cash flow requirements. Identify key bond features and advise provisions regarding security, reserve fund, flow of funds, redemption provisions, additional parity debt test, etc. · Evaluate benefits of Bond insurance and/or security insurance of a Debt Reserve Fund. · If appropriate, develop credit rating presentation and coordinate with the City the overall presentation to rating agencies. · Assist the City in the procurement of other services relating to debt issuance such as printing, paying agent, registrar, etc. · Provide other ancillary services as requested by the City. Review the reports of accountants, independent engineers and other project feasibility consultants as requested to ensure that such studies adequately address technical, economic and financial risk factors affecting the marketability of any proposed revenue debt issue; provide bond market assumptions necessary for financial projections included in these studies; and provide written comments regarding assumptions, analytical methods, and conclusions contained therein. Identify key bond covenant features and advise on provisions to be included in bond resolutions regarding security, creation of reserve funds, flow of funds, redemption provisions, additional parity debt test, etc.; review and comment on successive drafts of bond resolutions. Review the requirements and submit analysis of insurance, rating agencies and other professionals as they pertain to the City's obligation. Review the terms, conditions and structure of any proposed debt offering undertaken by the City and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current financial policy and fiscal capability. Assist in the preparation of the preliminary and final official statement and coordinate with the City the appropriate data, disclosure information and pertinent factors regarding the City and the proposed financing program. · Provide regular updates of tax-exempt bond market conditions and advise the City as to the most advantageous timing for issuing its debt. Advise the City on the condition of the bond market at the time of sale, including volume, timing considerations, competing offerings, and general economic considerations. Assist and advise the City in negotiations with investment banking groups regarding fees, pricing of the bonds and final terms of any security offering, and make in writing definitive recommendations regarding a proposed offering. Provide assurance that the pricing of the bonds is the lowest price based on existing market conditions. · Assist in closing of the City's bond issues to insure the delivery of funds under favorable financial conditions. If the bond issue is competitive, the services of the Financial Advisor will be modified to reflect that process. II. WORK SCHEDULE The services of the Financial Advisor/Consultant are to commence upon request by the City for such service, and shall be undertaken for each financial transaction or project and completed as to assure completion in a manner and time which are in accordance with the purpose of this Agreement. Services which are not related to a particular transaction shall be completed as agreed between the City and the Financial Advisor/Consultant. III. FINANCIAL ADVISORY/CONSULTANT COMPENSATION For the services described, PFM's professional fees and expenses shall be paid as follows: For services related to financial planning and policy development, PFM will receive an hourly rate for assigned tasks, per the attached fee schedule. For services related to Debt transactions (including Bonds) PFM will receive a fee of $.75 per $1,000 of bonds subject to the following minimum transaction fees: Negotiated Sale $12,500 Competitive Sale $15,000 Refundings $15,000 Reimbursable Expense In addition to the above, PFM will be compensated for the actual cost of necessary, reasonable, and documented ont-of-pocket expenses incurred for travel, meals, lodging, telephone, mail, and other ordinary cost. PFM will be reimbursed for any actual extraordinary cost for graphic, printing, data processing and computer time which are incurred by PFM with prior approval of the City. Appropriate documentation will be provided. The City and the Financial Advisor/Consultant reserve the right, during the term of this Agreement, to review the method of compensation. III. TERMS AND TERMINATION This Agreement shall remain in effect for a two (2) year period unless canceled in writing by either party at their convenience upon thirty (30) days written notice to the other party. The City shall have the right at its sole option and determination to renew this Agreement upon the same terms and conditions in this agreement. V. ASSIGNABILITY The Financial Advisor/Consultant shall not assign any interest in this Agreement or subcontract any of the work performed under the Agreement and shall not transfer any interest in the same without prior written consent of the City. VI. INFORMATION TO BE FURNISHED TO THE FINANCIAL ADVISOR All information, data, reports, and records in the possession of the necessary for carrying out the work to be performed under this Agreement shall be furnished to the Financial Advisor/Consultant without charge by the City, and the City shall cooperate with the Financial Advisor/Consultant in every way possible. VII. NOTICES When either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to-wit: FOR ISSUER: Joseph M. Safford City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 FOR THE FINANCIAL ADVISOR: Mr. Hal W. Canary Public Financial Management, Inc. 10100 Deer Run Farms Road Fort Myers, FL 33912-1045 VIII. TITLE TRANSFER The products of this Agreement shall be the sole and exclusive property of the City upon completion or termination of this Agreement. The Financial Advisor/Consultant shall deliver to the City copies of any an all material pertaining to this Agreement. IX. INSURANCE PFM shall provide insurance coverage in types and amounts acceptable to the City. The City shall be named as an additional insured as to professional liability, general commercial liability and automobile liability insurance. Professional liability insurance shall remain in effect for as long as the corporation is in existence and proof of such insurance shall be submitted to the City upon the execution of this Agreement and each anniversary thereafter. Xo INDEMNIFICATION PFM shall indemnify, hold harmless and defend the City, its officers and employees against any an all claims, losses and causes of action, arising from the performance or non-performance of PFM's duties pursuant to the Agreement, including actions or inactions that constitute negligence and/or willful, reckless, malicious or intentional actions or inactions which may result in liabilities incurred by the City, its officers and employees as a result of PFM's performance or non- performance under this Agreement. PFM agrees to indemnify, hold harmless and defend the City, its officers and employees against any liability arising from or based on a violation of any Federal, State, County, or City laws, or respective charters, ordinances or regulations. This indemnification shall survive the termination of this Agreement. XI. ENTIRE AGREEMENT This Agreement represents the entire integrated Agreement between the City and PFM and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any way, at any time, after the execution hereof, except by written approval of the city and PFM. IN WITNESS THEREOF, the parties have hereunto set their hands and seals on the day and year first above written to an original and three (3) counterparts of the Agreement each of which shall constitute and an original. Witnesses: Public Financial Management, Inc. By: Senior Managing Consultant City of Delray Beach By: Mayor ATTEST: BY: City Clerk APPROVED AS TO FORM: City Attorney Managing Director Senior Managing Consultant Consultant HOURLY FEE SCHEDULE Standard Rate Discount $250 $75 200 40 190 60 Con~act Rate $175 $160 $130 Request to be placed on: Regular Agenda When: October 1t 2002 Agenda Item No.: ~ AGENDA REQUEST Date: September 25, 2002 Special Agenda Workshop Agenda Dgscriptlon of agenda item (who, what, where, how much): approve Public Financial Management Inc. as the C.~ty'~ w!~_cia! Advisor for a two year term with termination with ~r w~hn,,t cause_ by aithcr part3 u~u~ 30 days notice of termination. ORDINA/4CE/ RESOLUTION REQUIRED: YES/NO Recommendation: Approve the above contract. Draft Attached: YES/NO Determination of Consistency wi~hComprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director of funds): Review (required on all items involving expenditure Funding available: YES/ NO Funding alternatives: Account No. & Description: Account Balance: n/a Paid at closing-w_ith bond Broc d . {if applica~ ~5 City Manager Review: Approved for agenda: ~/ NO ~Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM To~ From: Subject: Date: City Commission David T. Harden, City Manager~f// Underwriting Agreement September 25, 2002 Staff is recommending that we extend our contract with Bear Steams for underwriting services for a term to extend through the date of closing of two (2) proposed refunding issues in order to maintain consistency of service and to expedite the proposed bond issues. With respect to compensation, the underwriters shall receive their fees at the completion of the financing and shall be negotiated based on prices competitive with the current market. I concur with staff's recommendation. c: Rebecca S. O'Connor, Treasurer MEMORANDUM To: From: Subject: Date: David T. Harden, City Manager Joseph M. Sa~irector of Finance Underwriting Agreement September 25, 2002 Our contract with the Raymond James, the City's previous underwriter, expired November of 2001. Our primary contact at Raymond James is now employed at Bear Steams. We would like to renew the contract for a term to extend through the closing of two (2) proposed refunding issues. This will enable us to maintain consistency of service and to expedite the proposed refunding of prior a General Obligation Bond Issue and of several Utility Tax Bond Issues. With respect to compensation, the underwriters shall receive their fees at the completion of the financing and shall be negotiated based on prices competitive with the current market. Staff has been more than satisfied with the level of expertise and consistency that has previously been provided and, therefore, it is recommended that the City extend the current contract as stated above. The contract permits termination with or without cause and at the convenience of either party upon the deliver to the other party thirty (30) days written notice of termination. c: Rebecca S. O'Connor, Treasurer UNDERWRITING AGREEMENT This Underwriting Agreement (the "Agreement") dated as of 2002 is by and between Bear Stearns, (herein called the "Underwriter") and the City of Delray Beach, Florida (the "City"). WHEREAS, the City wishes to retain an underwriting team to assist the City with its financial needs for the term of this Agreement; WHEREAS, the City desires the benefits of consistency of service in its bond underwritings and capital financial planning available through retaining an underwriting team for the term of this Agreement; and WHEREAS, the Underwriter agrees to provide services contemplated by this Agreement for the term of this Agreement; and WHEREAS, this Agreement is not designed to preclude the City from entering into borrowings which may be more cost effective than public offerings, such as bank loans and lines of credit and competitive bond issues; NOW, THEREFORE, in consideration of the terms set forth herein, the Underwriter and the City agree as follows: 1. The recitations set forth above are incorporated herein. 2. Agreement to Hire and Provide Services. The City hereby agrees to retain the Underwriter as its sole underwriting team for bond issues. In that capacity, the Underwriter shall provide underwriting services including the following: Maintain an understanding of and provide input where appropriate into the capital financing plans of the City by reviewing relevant documents and attending pertinent meetings. Work with City staff, advisors and counsel to assist in developing financial plans tailored to the short and long term financial needs of the City, which take into consideration the most cost effective techniques available in the marketplace; · Participate in the implementation of financing plans by serving as the underwriter for the City's bond issues; Provide only such other services as are mutually agreed upon by the City Manager or designee and the Underwriter which may or may not include the purchase of securities for escrow accounts and brokerage of other securities and investment products for the City. 3. Adlustments to UnderwritinR Team. The City may add other underwriters to serve on the underwriting team as co-managers on issues greater than twenty million dollars face value of securities at the City's discretion. 4. Compensation. The Underwriter shall receive fees for its services at the completion of financings on terms then negotiated and agreed to by the Underwriter and the City and upon agreed terms for other services separately requested by the City. 5. Terms of the Agreement; Termination. This Agreement shall extend for a term to extend through the dateof closing of two (2) proposed refunding issues. This Agreement may be terminated with or without cause and at the convenience of either party upon the delivery to the other party with thirty (30) days written notice of the termination. 6. Jurisdiction and Venue. The Underwriter agrees that any dispute or cause of action arising out of this Agreement shall be governed by the Laws of Florida with venue in Palm Beach County, Florida. 7. Compliance with Laws. The Underwriter shall comply with all the applicable requirements of Federal, State and applicable County laws and all codes and ordinances of the City of Delray Beach, as may be amended from time to time. 8. Assignment. This is a personal services contract wherein the particular reputation and skill of the Underwriter is of paramount concern to the City. This Agreement may not be assigned or transferred to a successor corporation or other successor or legal entity of any kind involving a material change in ownership without prior written approval of the City. 9. Insu,rance. Underwriter must submit either (a) evidence of a guarantee of the Underwriter's obligations pursuant to this Agreement by the corporate parent of such Underwriter in a form acceptable to the City, or (b) evidence of Fiduciary Liability Insurance or Professional Liability Insurance in an amount acceptable to the City. The City shall be named as an additional insured. The insurance must be maintained as long as the corporation is in existence and proof of such insurance shall be submitted to the City upon the execution of this Agreement and each anniversary thereafter. 10. Indemnification. Each Underwriter shall indemnify, hold harmless and defend the City, its officers, and employees against any and all claims, losses and causes of action, arising from the performance or non-performance of that Underwriter's duties pursuant to the Agreement, including actions or inactions that constitute negligence and/or willful, reckless, malicious or intentional actions or inactions which may result in liabilities incurred by the City, its officers and employees as a result of each Underwriter's performance or non-performance under this Agreement. Each Underwriter also agrees to indemnify, hold harmless and defend the City, its officers and employees against any liability arising solely from or based solely on a violation by that Underwriter of any Federal, State, County or City laws, or respective charters, ordinances or regulations. This indemnification shall survive the termination of this agreement and shall be binding on the successors and assigns of each Underwriting or service provided. 11. Entire Agreement. This Agreement represents the entire integrated Agreement between the City and the Underwriter and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any way, at any time, after the execution hereof, except by written approval of the City and the Underwriter. IN WITNESS WHEREOF, the City has caused this Agreement to be executed by the proper officers on ,2002. CITY OF DELRAY BEACH, FLORIDA Attest: By: City Clerk Approved as to form and legal sufficiency:. By: Mayor By: City Attorney Witness IN WITNESS WHEREOF, Bear Steams, has caused this agreement to be executed by its ,2002. proper officers on~ _ ~ ~/~,,,'3..-.-. Bea /' .~~"~/~-'~~ , · ~-~' ~'~' By~.~' ~',, ~{ , / Name and Title ~~~ Attest: _..--. State of Florida Palm Beach County The foregoing instrument was acknowledged before me this ~) day of September, 2002 by .(name of officer or agent, title of officer or agent), of Bear Steams (name of corporation acknowledging) a .(state or place of incorporation) corporation, on behalf of the corporation. He/She is_personall~ known to me or has produced (type of identif~n) as identification and/d (did not) take an oath. gigKature of Person Taking A~l~n°wledgement T Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: September 25, 2002 x Regular Agenda Special Agenda Workshop Agenda When: October 1. 2002 Description of agenda item (who., what, where, how much): Approve Bear Stearns as the Citv's underwriter ~o~ ~_ term' through thc d&t= of' closing of (2) proposed refund~n~ {.~,,~= p ....... ~: .......... and made at closing .... ~ ...... ..... ~ ............... ~ w~x. be negoriatea ORDINANCE/ RESOLUTION REQUIRED: YES/NO Recommendation: Approve the above eon~rm~ Draft Attached: YES/NO Department Head Smgnature ~-~~" ~ ' ~ Determination of Consistency w~dh Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director of funds): Review (required on all items involving expenditure Funding available: YES/ NO Paid at closing from bond pr ceed. (i~ ap~icabl e) Funding alternatives: Account No. & Description: Account Balance: City Manager Review: ApprovedHold Until: for agenda: ~/ NO~ Ag%nda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM To: From: Subject: Date: City Commission David T. Harden, City Manager Banking Services Contract September 25, 2002 This is before the Commission to authorize a two-year contract extension for banking services with Bank of America. Bank of America has agreed to extend the present contract for an additional two-year period to end September 30, 2004 with an option to renew for up to two additional twelve-month periods. Pricing would remain the same through September 30, 2004. These fees would be reviewed prior to each option period. Either party has the option to terminate the contract upon 120 days written notice. Staff anticipates maintaining the same level of service at prices competitive with this market and recommends continuation of this contract. I concur with their recommendation. c: Rebecca S. O'Connor, Treasurer MEMORANDUM To: From: Subject: Date: David T. Harden, City Manager Joseph M. Sa~~rector of Finance Banking Services Contract September 25, 2002 The City's banking services contract with Bank of America is up for renewal October 1, 2002. Bank of America has agreed to extend the present contract for an additional two- year period to end September 30, 2004 with an option to renew for up to two additional twelve-month periods. Pricing would remain the same through September 30, 2004. These fees would be reviewed prior to each option period. Either party has the option to terminate the contract upon 120 days written notice. We did an analysis to see if our rates were comparable to surrounding communities. We applied the rates of Boynton Beach, Boca Raton, and Coral Springs to the services provided to Delray Beach. We found that the City of Delray Beach fared better than all of the municipalities surveyed. The difference between Delray Beach, Boca Raton, and Boynton Beach was minimal. We, therefore, feel the City would do well by extending the contract. We anticipate maintaining the same level of service at prices competitive with this market and recommend continuation of this contract. c: Rebecca S. O'Connor, Treasurer SEVENTH AMENDMENT TO THE BANKING SERVICES AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND BANK OF AMERICA THIS AMENDMENT, made and entered into this ~I~ day of--'"-/~--/~/-~.~' , 2002 by and between the CITY OF DELRAY BEACH, FLORIDA, a"FIo~ida municipal corporation, (hereinafter referred to as "City"), and Bank of America and its successor (hereinafter referred to as "Bank"). WHEREAS, the CITY and the Barnett Bank of Palm Beach County previously entered into a Banking Services Agreement dated April 12, 1988 ("Agreement") which was extended until October 1, 1992; and WHEREAS, the CITY and the Bamett Bank of Palm Beach County entered into four amendments to the contract dated January 7, 1993, October 14, 1993, November 3, 1994, and August 14, 1996 and September 16, 1998 and; WHEREAS, NationsBank, N.A. was the successor to Barnett Bank of Palm Beach County on October 9, 1999; and WHEREAS, Bank, was the successor to NationsBank, N.A. on May 8, 2000; and WHEREAS, the CITY and BANK, entered into an amendment dated September 11, 2000; and WHEREAS, the parties hereto desire to revise certain provisions of the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual obligations of the parties as set forth in the Agreement and as set forth below, the parties agree to amend the Agreement and is hereby revised to read as follows: 1. Section I of the Agreement is hereby revised to read as follows: BANKING AND TRUST SERVICES; TERM OF AGREEMENT The BANK agrees to provide the banking services to the CITY as set forth in this Agreement for a period of two years, commencing October 1, 2002 and terminating on September 30, 2004. The Agreement may be extended beyond the contract term for up to two additional twelve (12) month periods by mutual written consent. Either party shall have the option, however, to terminate the contract without cause upon giving 120 days advance written notice to the other party. follows: Section II. Paragraph A. 1. of the Agreement is hereby revised to read as The charges outlined in the cost of banking services proposal as stated in Exhibit "A" to this Amendment shall remain unchanged effective October 1, 2002 through September 30, 2004. Pricing will be reviewed at the end of this period. Additional services not listed in Exhibit "A" which the BANK provides to the CITY will be agreed upon at the time the service is implemented. FDIC insurance fees are subject to adjustment if increased or decreased by FDIC by the amount of the change. Negative collected balances are calculated daily by FDIC and charged at a rate of pdme plus two percent. 3. Section V, Paragraph C, is hereby revised to include the following paragraph: 3. Alternative Investment Account -The minimum investment is zero. The interest rate is based updn the Bank of America's Federal Funds rate less 15 basis points. 4. That all other terms and conditions of the Agreement dated Apdl 13, 1988 between the parties and the Amendment dated September 11, 2000, except as may be in conflict with this Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto entered into this Amendment as of this day and year first above written. WITNESS: (~grj~tu~e of ~tness) (Signature printed or typed) BANK OF AMERICA Si~g~a~tu~r~ /1~~.~ . ( e printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH (SEAL) The foregoing instrument was. acknowledged before me this ~-5'"' day of ..~,,,~-J-,, ,2002, by ~',~,-~ ,.'~;',~¢--~ (name of officer or agent, title of olrficer or agent), of Bank of America, a national corporation, on behalf of the corporation. He/She is personally known to me or has prodt as identification. Signature of Notary Public ATTEST: CITY OF DELRAY BEACH, FL By: City Clerk David Schmidt, Mayor Approved as to Form and Legal Sufficiency: City Attorney BALANCE RELATED SERVICES FDIC INSURANCE PER THOUSAND LEDGER BALANCE DEPOSITORY SERVICES ACCOUNT MAINTENANCE BRANCH OTC DEPOSIT QBD QUICK BUSINESS DEPOSIT VAULT DEPOSIT-REG HOURS ITEM PROCESSING DEPOSIT CHECKS PAID-OTHER DEBITS NON-CASH DEPOSIT CORR ZBA SERVICE-MASTER ZBA SERVICE-SUB RETURN ITEM RETURN ITEM RECLEAR RETURN ITEM RECLEA SVC RET ITEM DUP ADVICE FEE RETURN ITEM MAKER REQ RET ITEM MAKER REQ-FEE DEP ITEMS DEP ITEMS ON-US DEP ITEMS-LOCAL CLEARING DEP ITEMS-OTHER IN DIST DEP ITEMS-ALL OTHER ENCODING CHARGE STOP PAYMENT ELECTRIC DEBIT ELECTRONIC CREDIT COMMERCIAL DEP-CASH VAULT QBD CASH/S100 COMM'L DEPOSIT-DASH DEP COMM'L DEPOSIT-DASH DEP COMM'L DEPOSIT-BKG CTR COMM'L DEPOSIT-VAULT CURR/STRAP-BKG CENTER COIN VERIF-MIXED BAG DEPOSIT CORR-CASH CHANGE ORDER FEE TELEPHONE NOTIF NIGHT DEP/DROP-PLASTIC NIGHT/NON-STANDARD BAG GENERAL ACH SERVICES CONSUMER 2 DAY DEBIT/CREDIT CONSUMER MAINTENANCE PUBLIC FUNDS INTEREST ON CHECKING EXHIBIT A UNIT COST 0.0147 9.0000 0.3000 0.3000 0.3000 0.3000 0.1300 3.0000 0.0000 0.0000 3.0000 2.OO0O 0.0000 0.0000 0,2000 0.0000 0.0350 0.0350 0.0350 0.0450 0.0600 0.0000 0.0000 0.1300 0.1500 0.0000 0.0000 0 0000 0.0000 0.0000 0.0000 0 0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.1000 15.0000 GENERAL ACH SERVICES CONSUMER INPUT PC RET ITEM-NOC RET ITEM-MAIL REPORT REVERSALS RET ITEM-FAX V~RE TRANSFER MANUAL WIRE BOOK DEBIT STANDING ORDER TFR-BOOK DB WIRE ADVICE-MAIL WIRE ADVICE-PHONE MANUAL WIRE-OUT NONREP MANUAL WIRE-OUT REP INCOMING BOOK WIRE-CREDIT ELEC WIRE OUT-DOMESTIC ACCOUNT RECONCILIATION PARTIAL MAINT DEPOSIT MAINT SORT RECON MAINT SORT RECON ITEM PARTIAL ITEM RECON TRANS DEPOSIT ITEM MISCELLANEOUS COURIER CHARGES CHECKS CASHED-NON-CUST CPA CONFIRM CHK PHOTOCOPY-NONTRUNC SAFEKEEPING SAFEKEEPING/ITEM SAFEKEEPING/ORIG ELECTRONIC POSITIVE PAY POSITIVE PAY-NO RECON, MAINT POSITIVE PAY-NO RECON, ITEMS FULL POSITIVE PAY MAINTENANCE FULL POSITIVE PAY MAINT/ITEM PARTIAL POSITIVE PAY MAINT PARTIAL POSITIVE PAY ITEMS MANUAL ISSUE RETURN OTHER THAN FRAUD BANK'S FED FUNDS RATE LESS 15 BASIS POINTS UNIT COST 5.0000 3.0000 5.0000 7.5000 3.0000 5.0000 4.0000 0.0000 0.0000 6.0000 6.0000 5.0000 6.0000 15.0000 40.0000 0.0000 0.0000 0.0450 5.0000 0.1000 362.1300 0.0000 5.0000 3.0000 0.0100 5 0000 50.0000 0.0200 50.0000 0.0500 50.0000 0.0450 1.0000 10.0000 Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: September 25, 2002 x Regular Agenda Special Agenda Workshop Agenda When: Description of agenda item (who., what, where, how much): Approval of the extens~o~ of eh~ Nm~u{ ....... ~ .............. ~..~ ~__,. _~ ....... _ m~ ~h~ present -~-' ~ ......................... = ~u~ F~iud~ with p~icin~ reviewed Prior ORDINA~CE/ RESOLUTION REQUIRED: YES/NO Recommendation: ~ .... ~ ~ ~ ~ ............ Draft Attached: YES/NO Department Head Signature: ~'~ ~ .~~~ Determination of Consistency w~ Comprehensive Plan: City Attorney Review/ Recommendation (if applicable):~ Budget Director of funds): Review (required on all items involving expenditure Funding available: YES/ NO Funding alternatives: Account No. & Descri~gn: Account Balance: ?~w~. City Manager Review: /~('~ Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: {if applicable) ........................... ~f'-- .Svc. ......... 6 3~ 90 UTB - Other Pro~.Svc. Approved/DJ sapproved ~'l MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~<~ AGENDA ITEM# -~ - REGULAR MEETING OF OCTOBER 1, 2002 CHILDREN'S SERVICES COUNCIL SEPTEMBER 27, 2002 This is before Commission to approve the funding agreement with Children's Services Council in the mount of $130,328.00 for the City of Delray Beach Parks and Recreation Depaxu~,ent Out of School Program, Day Camps and Summer Camp Program. Services are provided to 300 children at three (3) sites dinting the school year, approximately 50-55 children in our 8 day camps (Holiday Camp, Spring Fling, One Day camps), and an additional 330 children as part of our summer camp program. Recommend approval of the agreement with Children's Services Council. S:\C~ty Clerk\chevelle fokler\agenda memo~\chfldren's semces.10 01.02 £1TY aF UELAI:IY BEI:I£H DELRAY BEACH Ail-America City 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM 1993 TO: FROM: SUBJECT: DATE: David Harden City Manager Joe Weldon Director of Parks and Recreation Children's Services Council September 26, 2002 The Parks and Recreation Department has completed its budget for the fifth year of funding from the Children's Services Council for our Out of School program. We will serve 300 children at three (3) sites during the school year in our after school program. We will also offer a Holiday Camp, Spring Fling, and six (6) one day camps during the school year at two (2) sites and a summer camp program will accommodate 330 children at three (3) sites. CSC funding will amount to approximately $130,328.00. This now needs to go before City Commission for their approval in order to execute our Contract #02-104. Please place this on the October 1, 2002 agenda for City Commission consideration, and call if you have any questions regarding this matter. Diix~ctor of Parks and Recreation Attachment JW:agr Ref:csc2002 THE EFFORT ALWAYS MATTERS AGREEMENT L THIS AGREEMENT, entered into as of this October 1, 2002, by and between the CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Council") and City of Delray Besch/Parks & Recreation Out of School Youth Recreation/Enrichment (hereinafter referred to as "Provider"), for the period from October 1, 2002 ("Effective Date"), to September 30, 2003. The Council, at its option, may extend the term of this Agreement without reviewing the program hereunder funded as part of a competitive RFP process. The renewal option set forth in this paragraph, however, does not guarantee the Provider that the Council will exercise its renewal option hereunder. Renewal will be determined by the Council, in its sole discretion; this determination will be based in part upon review of the program evaluation and fiscal monitoring of the program. W I T N E S S E T H: In consideration of the mutual agreements hereafter contained, the parties, intending to be legally bound, hereby agree as follows: THIS AGREEMENT has been entered into pursuant to the Council's 2002-03 RFP/Base Application and Provider's response thereto and any addendums accepted by the Council. Those portions of Exhibits A, B, C and D contained herein that differ from the original proposal or application shall be deemed to be addendums thereto and shall control over any inconsistent provision of the original proposal. 1. The Council agrees to reimburse to the Provider sums up to $130,328.00 for provision of services described in the Exhibit "A" (consisting of the Program Evaluation Model) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the Council's Budget Exhibits B1, B2, B3, B4 and B5 submitted through SAMIS by Provider) attached hereto and made a part hereof; Exhibit "C" (consisting of the Budget Summary Form) attached hereto and made a part hereof; and Exhibit "D" (Conditions of Award) attached hereto and made a part hereof. 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 Exhibits "A", "B", "C" and "D" 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 this 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 this Agreement, Provider will supply the Audit and accompanying management letter for each of the Provider's fiscal years occurring during the term of this Agreement, each such audit and management letter to be provided within 150 days of Provider's fiscal year end. 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 roquiremcnts 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 activity, and stationery of Provider. The Provider agrees: a. To retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years following termination of this 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 all records, papers, letters, or other documents made or received in conjunction with this 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 this Agreement. b. Persons duly authorized by the Council shall have full access to and the right to examine any of said materials during said period. c. To permit access by persons duty 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 this 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 dght 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 this A(3reement. Contract: 02-104 Agency: City of Delray Beach/Parks & Recreation Out of School Youth Recreation/Enrichment Page 2 09117102 11:52:54 AM 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 this 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 pdor to implementation. h. To submit and maintain a current copy of the following on file with the Council: jo ° Personnel Policies and Procedures; ° Job Descriptions of all Council funded staff positions; ° 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; ° Current list of agency board members; ° Sales Tax Exemption Certificate; ° Service site(s) Fire Inspection Certificate(s), if applicable; °' Service site(s) Health Inspection Certificate(s), if applicable To obtain written approval from the Council for any proposed changes in the program budget hereunder prior to implementation. The fiscal administration of this Agreement will be pursuant to the Council's "Fiscal Guidelines," a copy of which Provider acknowledges receiving. That the following issues or information shall be furnished or resolved within 60 days of execution of this Agreement: ° Completion of program evaluation forms/test instruments; ° Submission of copy of sales tax exemption certificate or application; ° Provider wit{ not begin operation of the program funded hereunder prior to obtaining a binder for provision of general liability insurance coverage. ° Suomission of copies of all personnel or service provision subcontracts, co, ,tracts and/or agreements related to the operation of the program funded hereunder. 5. Provider agrees that, as between the parties to this 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 Contract: 02-104 Agency: City of Delray Beach/Parks & Recreation Out of School Youth Recreabon/Enrichment Page 3 09117102 11:52:54 AM L 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 ~'rocedure !evel), 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 this 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 level deemed adequate by the Council, 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 this 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 on written consent of the client, or his responsible parent or guardian when authorized by law. a. The Provider agrees to establish and maintain procedures and controls acceptable to the Council 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 pdvacy 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. 9. The Provider shall submit to the Council program data, including client identifiable data and status of program capacity (staff to client/child/family ratio) as deemed essential 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 this Agreement and in a format provided by the Council. 11. The Council has the discretion to decrease the Provider's allocation Contract: 02-104 Agency: C~ty of Delray Beach/Parks & Recreation Out of School Youth Recreation/Enrichment Page 4 091t7102 11:52:54 AM L 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. 12. 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, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 13. The services provided by the Provider hereunder are provided on a non-exclusive basis, and the Council specifically reserves the right to subcontract with others for similar services. This Agreement shall give no rights to any person or entity who is not a party hereto. 14. Payments for services rendered pursuant to this 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 refiecting all expenditures made by the Provider under this 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, 2003 (with appropriate documentation). The Council will not reimburse Provider for any expenditures made by Provider under this Agreement that are submitted after October 31, 2003. 15. The Provider agrees to return to the Council any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been propedy earned under this 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 this 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. 16. 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 this 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 this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of the Provider's operations. Contract: 02-104 Agency: City of Delray Beach/Parks & Recreation Out of School Youth Recreation/Enrichment Page 5 09/17102 11:52:54 AM 17. In the event funds to finance this Agreement become unavailable to the Council, the Council may terminate this 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. 18. Notwithstanding any other provision of this Agreement, the Council may terminate this Agreement for any breach by the Provider. If the Council intends to terminate this 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. The Council's failure to terminate or suspend a Provider 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. The Provider may terminate this contract with or without cause provided that Provider shall give sixty (60) days notice in wdting to Council. The Council shall reimburse the Provider for all monies expended up to and including the effective date of the termination. 19. Notices: All notices required hereunder shall be in wdting and shall be addressed to the following representative of the part parties: For the Council: Gaetana D. Ebbole, Chief Executive Officer Children's Services Council of Palm Beach County 1919 North Flagler Drive West Palm Beach, FL 33407 For the Provider: Joseph Weldon, Director City of Delray Beach Parks & Recreation Out of School Youth Recreation/Enrichment 50 N.W. First Avenue Delray Beach, FL 33444 20. 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 14 of this 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: A. Certificates of Insurance B. License(s) to Operate Agency/Program C. Sales Tax Exemption Certificate D. Other items identified in the Conditions of Award outlined in Exhibit D 21. Notwithstanding anything herein to the contrary, the parties agree Contract: 02-104 Agency: City of Delray Beach/Parks & Recreation Out of School Youth Recreation/Enrichment Page 6 091t 7102 11:52:54 AM that the dollar amount set forth in paragraph 1 above 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. 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 Council reduces the dollar amount, the Provider may 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. 22. This Agreement, which includes the attached Exhibits A, B, C and D contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. With the possible exception of an adjustment pursuant to paragraph 11 and 21 above, this Agreement shall not be modified unless in writing and signed by both parties hereto. Contract: 02-104 Agency: City of Delray Beach/Parks & Recreabon Out of School Youth Recreation/Enrichment Page 7 09117102 11:52:54 AM IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their undersigned duly authorized representatives. City of Delray Beach BY Date: Print Name Print T'~tle Children's Services Council of Palm Beach County BY Date: Gaetana D. Ebbole. Chief Executive Officer Approved as to Form & Legal Sufficiency BY Thomas A. Sheehan, III Attomey for Children's Services Council of Palm Beach County Contract: 02-104 Agency: City of Delray Beach/Parks & Recreation Out of School Youth Recreation/Enrichment Page 09/25/02 8:22:06 AM Program Evaluation Model EXHIBIT "B' 1 - Current & Proposed Operating Expense 2 - Salary & Fringe Preparation 3 - Salary & Fringe Preparation Narrative 4 - Source of Revenue 5 - Source of Revenue Narrative L Exhibit B1 PARKS & RECREATION OUT OF SCHOOL YOUTH RECREATION/ENRICHMENT CURRENT & PROPOSED OPERATING BUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) (1) (2) (3) (4) (5) (6) ACCT# TITLE 01-02 02-03 01-02 02-03 PROG. PROG. % % BUDG. BUDG, CHG. ALLOC. ALLOC. CHG. Salary Accounts: 569.120 Regular Salaries and WagesI $01 $309,8551 100% $01 $106,9531 100% Total Salary: $0 $309,855 100% $0 $106,953 100% Fringe AcCounts: 569.210 FICA $0 $26,951 100% $0 $8,182 100% 569.220 Retirement Contributions $0 $333 100% $0 $333 100% 569.230 L~e and Health Insurance $0 $5,080 100% $0: $5,0801 100% 569.240 Workers Compensation $0 $5,304 100% $0 $0 0% 569.250 Unemployment Compensation $0 $301 100% $0 $0 0% I Total Fringe: $0 $37,698 100% $0 $13,595 100% Operating Expense Accounts: 600.101 Travel/Transportahon $01 $201 100% $0 $200 100% 600.102 Conferences/Registration/Travel $0 $1,191 100% $0 $1,191 100% 600.301 Telephone $0 $720 100% $0 $0 0% 600.302 Postage & Shipping $0 $200 100% $0 $0 0% 600.303 Utilities (Power/Water/Gas) $0 $0 0% $0 $0 0% 600.401 Office Supplies $0 $294 100% $0 $294 100% 600.402 Program Supplies $0 $6,480 100% $0 $205 100% 600.403 Printing $0 $440 100% $0 $0 0% 600.601 Professional Fees $0 $29,220' 100% $0 $7,290 ' 100% I I Agency: City of Delray Beach Contract: 02-104 Page I Of 2 09117102 11:52:54 AM (1) (2) (3) (4) (5) (6) ACCT# TITLE 01-02 02-03 01-02 02-03 PROG. PROG. % % BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. 600 602 Insurance $0 $8,595 100% $0 $0 0% 600.603 Building Maintenance $0 $0 0% $0 $0 0% 600.604 Equipment Rental/Maintenance $0 $39,570 100% $0 $0 0% 600.605 Specific Assistance to Individuals $0 $20,000 100% $0 $0 0% 600.606 Dues & Subscription $0 $1001 100% $0 $0 0% I 600.607 Training & Development $0 $600 100% $0 $600 100% 600.608 Awards & Grants $0 $0 0% $0 $0 0% 600.609 Sponsored Events $0 $0 0% $0 $0 0% 600.610 Payments to Affiliated Organizations $0 $3,425 100% $0 $0 0% 600.611 Miscellaneous $0 $5,075 100% $0 $0 0% 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) $01 $0 0% $0 $0 0% I L Total Operating Expense: Total Program Expenses: $0 $116,111 100% $0 $9,780 100% $0 $463,664 100% $0 $130,328 100% -Agency: City of Delray Beach Page 2 Of 2 Contract: 02-104 09117102 11:52:54 AM L Exhibit B2 PARKS & RECREATION OUT OF SCHOOL YOUTH RECREATION/ENRICHMENT SALARY AND FRINGE PREPARATION FISCAL YEAR 02-03 Gross Salary In Fringe In Request For Request For Salary Position Employee % Time Salary Program Program Salary Fringe Funding % In 02-03 02-03 02-03 02-03 02-03 Director -Rec Sup Ill Smith 100% $33,320 $33,320 $10,782 $33,320 $7,962 100.00% Rec Leader II (6) Various t Rec Leader II (8) Summer/Various Rec Leader III (16) Summer/Various Rec Leader 111 (9) Holiday/various Rec Leader III (9) Various Rec Supervisor I (8) Summer/various Rec Supervisor II (3) Summer/various Rec Supervisor II (3) Various Staff Assistant II Evans t100% I100% ITOTALS $42,812 $42,812 $3,868 $28,256 $2,162 66.00% $19,820 $19,820 $4,761 $0 $0 0 00% $42,410 $42,410 $3,245 $0 $11'4601 $11,460 $877 $0 $0 0.00%I $0 0.00%J $68,753 $68,75.~ $6,008 $45,377 $3,471 66 00%I I $22,500 $22,50C $0 $0 $14,10C $0 $14,100 0 00%] $1'7221 $1,079 $39,150 $39,15(~ $4,090 $0 $0 0.00% $15,530 $15,53(2 $1,266 $0 $0 0.00%I $309,855 $13,59~ $309,855 $106,953 $37,698 34.52% Agency: City of Delray Beach Contract: 02-104 Page I Of I 09117102 11:52:54 AM L Exhibit B3 PARKS & RECREATION OUT OF SCHOOL YOUTH RECREATION/ENRICHMENT SALARY AND FRINGE PREPARATION NARRATIVE FISCAL YEAR 02-03 ACCOUNT # ACCOUNTNAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINEITEM$ AMOUNT PERCENT INCREASE/ DECREASE 569.120 Regular Salaries and Wages 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/13/2002 08/13/2002 08/1 3/2002 08113~2002 08/13/2002 08/13/2002 08/13/2002 08113~2002 08/13/2002 08/12/2002 Funding requested from CSC is 100% of the salary for the Director (Tonya Smith) and 66% of the salary for both (9) Recreation Leaders III and (6) Recreation Leaders il for the Out of School Ennchment Program proposed budget for funding period 10/1/02 to 9/30/02. a. There are 64 pos'~ons in the Out of School Enrichment Program. b. The program positions increased from fiscal year 2001-2002 due to the increase of hourly wages for all positions. Positions for the additonal 9th week of summer camp and positions at the Pine Grove Site and Pompey Park Site for summer camp were not included in the budget for fiscal year 2001-2002. c. No positions are in-kind. d. NIA e. CSC supports 16 positions. f. No POSITIONS FUNDED BY CSC (1)Full Time Director-Funded at 100% for full year-52weeks. 26 pay periods x $1,281.53 = $33,320 (9)Recreation Leader III-Funded at 66% for 36 weeks. 9 Rec x 20hr/wk x $10.61hr x 36wks x 66% = $45,376.84 (6)Recreation Leaders II-Funded at 66% for 36 weeks. 6 Rec x 20hr/wk x $9.91hr x 36wks x 66% = $28,255.39 $309,855 100 % Director $ 33,320 Recreation Leaders III $ 45,377 Recreation Leaders II $ 28,256 Total Proposed B',x~get $106,953 569.210 FICA 08/22/2002 08/13/2002 08/1 3/2002 08/13/2002 08/12/2002 $106,953 * .0765 100% of FICA requested for Out of School Enrichment Program. $26,951 100% Agency: City of Delray Beach Contract: 02-104 Page I Of 6 09/17102 11:52:54 AM L ACCOUNT# ACCOUNTNAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ PERCENT AMOUNT INCREASE/ DECREASE 569.220 Retirement 08/22/2002 08/13/2002 08/12/2002 07/10/2002 $333 100% Contnbutions $33,320 * .01 100 % of Retirement requested for Out of School Enrichment Program Director totaling $333. 569.230 Life and Health 08/22/2002 08/13/2002 08/13/2002 08/12/2002 $5,080 100% Insurance 08/12J2002 $423.33 x 12 months = $5,079.96 100% of Life, Disability and Health Insurance requested for Out of School Enrichment Program Director. 569.240 Wod(ers Compensation 08/16/2002 08/16/2002 New $5,304 100% 569.250 Unemployment $30 100% Compensation Agency: City of Delray Beach Contract: 02-104 Page 2 Of 6 09117/02 '11:52:54 AM ACCOUNT# ACCOUNTNAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ PERCENT AMOUNT INCREASE/ DECREASE OPERATING EXPENSE BUDGET NARRATIVE 600.101 Travel/Transportation 08/13/2002 08/13/2002 08/12/2002 08/12/2002 05/02/2002 0510112002 M~leage for Director, Accounting Assistant and Recreation Supervisor's to attend meetings at CSC, monthly staff meetings etc.: 690 miles @ .29 mile = $200 $201 100% 600.102 Conferences/Registratio n/Travel 08/22/2002 08/13/2002 08/12/2002 05/01/2002 National School-Age Child Conference Salt Lake Sity, Utah February 27 - March 1, 2003 Per Diem: Breakfast 3 x 3.00 = $9 Lunch 4x 6.00 = $24 Dinner 4x 12.00 = $48 Lodging: 4 nights x 115.00 = 460 Airfare Round Trip = 600 Ground Transportation $25 each way = 50 Director of Out of School Enrichment Program will attend. $1,191 100% 600.301 Telephone 08/22/2002 05/01/2002 Recreation Supervisor III $400 Recreation Supervisor II $320 $720 100% 600.302 Postage & Shipping 05/01/2002 Mail out letters and flyers for 300 children $200 100% 600.303 Utilities (Power'Water/Gas) $0 O% 600.401 Office Supplies 05/02/2002 05/0112002 05/01/2002 White out, glue sticks, planners, calendars, pens, pencils,manila folders, etc. $50 3 color toner cartridges ~ $28.99 = $ 86.97 6 black toner cartridges @ $26.03 -- $156.18 $294 100% 600.402 Program Supplies 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/13/2002 Refreshments for special events linking parents with children and the staff. $51.25 x 4 months =$205.00 $6,480 100% Agency: City of Delray Beach Contract: 02-104 Page 3 Of 6 09117102 11:52:54 AM ACCOUNT# ACCOUNTNAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINEITEM $ PERCENT AMOUNT INCREAS~ DECREASE 600,403 Pdnting 05/01/2002 Pnnting of miscellaneous cash receipts - $440 100% $220 After School program manuals, program brochures and registration forms - $220 600.601 Professional Fees 08/22/2002 08/22/2002 08/22/2002 08/22/2002 $29,220 100% 08/22/2002 08122/2002 08/22/2002 08/22/2002 08/15/2002 08/13/2002 08/13/2002 08/13/2002 08/12/2002 FUNDED BY CSC: Tutorial/Homework Assistance Instructions by Certified Teachers from the State of Florida School System. 3 Instructors x 6 hr/wk x $15hr x 27 weeks = $7,290 TOTAL PROGRAM BUDGET FOR PROFESSIONAL INSTRUCTORS: Tutorial/Homework Instructors-6 Insturctors x 6hr/wk x $15hr x 36 weeks = $19,440 Out of these 6 instnJctors CSC will support 3 instructors, 6 hours a week at $15 an hour for 27 Golf Instruction-300 students x $2.50hr x 8 sessions = $6,000 Soccer Instruction-3 sites x 1 hr x $20hr x 36 wks = $2,160 Tennis Instruction-3 sites x 1 hr x $15hr x 36 wks = $1,620 600.602 Insurance 08/13/2002 05102/2002 05/02/2002 General Liability $8,595 100% $7,870 Other Insurance cost NRPA non-athletic participant insurance $1.15 x 330 = $380 $1.15 x 300 = $345 - 9 week summer camp program 600.603 Building Maintenance $0 0% 600.604 Equipment 08/13/2002 08/13/2002 05/02/2002 05/02/2002 4 $39,570 100% Rental/Maintenance Buses for "Unified Sports Festival", Palm Beach County Sports Commission Event at Dwyer High School in Jupiter. Transporting children to an from the Olympic activities during the day long event. L$65/hr x 10 hfs x 4 buses = $2,600 Bus Rental for field trips for the Holiday/Spring Break camps. $65/hr x 7 hm/days x 4 days/week x 3 weeks x 2 buses = $10,920 (3) Coach Buses for summer camp field trips 2 days/wk x 8 wks x 8hr x $65 x 3 Sites = $24,960 Rental of Copier Machine-S91 x 12 months = $1,090 ~'- Agency: City of Delray Beach Contract: 02-104 Page 4 Of 6 09117~02 11:52:54 AM ACCOUNT# 600.605 ACCOUNTNAME DERIVATION OF FIGURES AND JUSTIFICA~ON OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ AMOUNT Specific Assistance to 05/02/2002 Inclusion Program $20,000 PERCENT INCREASE/ DECREASE 100% Individuals For participants in ADA services for special needs recreation programming. Rental of Handicapped Van $12,000 Staffing Cost $7,000 Adaptive Equipment $1,000 600.606 Dues & Subscription 08/13/2002 05~02~2002 Florida School-Age $100 100% Childcare Coalition Membership 600.607 Training & Development 08/13/2002 08/12/2002 Staff training by Innovative $600 100% Leisure, Inc emphasizing team work, safety, leadership skills. 2 sessions 3hours long @ $100.00. 600.608 Awards & Grants $0 0% 600.609 Sponsored Events $0 0% 600.610 Payments to Affiliated 08/13/2002 Department of Children and $3,425 100% Organizations Families-Child Care Licenses: $150 for first 25 children, plus $3 for each child greater than 25. Community Center-(S3 x 75) + $150 = $375 Pine Grove-($3 x 75) + $150 = $375 Pompey Park-($3 x 175) + $150 = $675 Unified Youth Sports Festival Fees 200 participants x $10 = $2,000 600.611 Miscellaneous 08/13/2002 08/13/2002 05/02/2002 Medical-New $5,075 100% hire physicals,drug screening and TB/'l'ine test 10 x $160 = $1,600. Uniforms: 3 T-sh~rts x 25 staff x $10 = $750 (After School Program) 5 T-shirts x 9 staff x 3 sites x $4 = $540 (Summer Camp Program) 3 extra shirts per site - 9 x $4 - $40 (Summer Camp) Boy Scout Uniforms for three sites: Community Center, Pompey Park, and Pine Grove. $22 x 75 shirts = $1,650 $4.40 x 75 neckerchiefs = $330 $2.20 x 75 neckerchief clips = $165 600.201 Building Space/Rent $0 0% Agency: City of Delray Beach Contract: 02-104 Page 5 Of 6 09117102 11:52:54 AM ACCOUNT# ACCOUNTNAME DERIVATION OFFIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINEITEM $ AMOUNT PERCENT INCREAS~ DECREASE 600.501 Food Service $0 0% 600.701 Indirect Cost $0 0% 600.801 Capital Expenses $0 0% (Equipment) Agency: City of Delray Beach Contract: 02-104 Page 6 Of 6 09117102 11:52:54 AM Exhibit B4 Parks & Recreation Out of School Youth Recreation/Enrichment SOURCES OF REVENUE 00-01 01-02 01-02 01-02 02-03 Actual Revenue Actual YTD As Revenue Total Future Fiscal % Change of Projected Thru Year Revenue 09117102 End of Year *Cash Forward From $0 $0 $0 $0 $0 0% Fund Balance *Fundraising $0 $0 $0 $0 ....... -$0 .... ~%- -- *Participant Fees $0 $0 $0 $0 $4,500 0% Insurance $0 $0 $0 $0 $0 0% Reimbursements Medicare/Medicaid $01 $0 $0 $0 $0 0% United Way $0 $0 $0 $0 $0 0% School Board In-kind $0 $0 $0 $0 $0 0% Govemmental $0 $0 $0 $0 $265,476 0% Other $0 $0 $0 $0 $63,360 0% SUBTOTAL $0 $0 $0 $0 $333,336 0 CSC Continuation $0 $0 $0 $0 $130,328 0% CSC Equipment $0 $0 $0 $0 $0 0% CSC Other $0 $0 $0 $0 $0 0% SUBTOTAL $0 $0 $0 $0 $130,328 0 TOTAL $0 $0 $0 $0 $463,664 0 CROSS CHECK ITEMS: FUTURE FISCAL YEAR PROGRAM EXPENDITURES: $463,664 *CASH FORWARD FROM FUND BALANCE: The amount of funds to be transferred forward from the agency's fund balance to the operation of the program dudng this fiscal year. *FUND RAISING: Any funds collected by the program of either a solicited or unsolicited nature (Donations) as well as memb,erships which do not entitle the donor to program services. *FEES' Charges for services rendered This may include revenue from memberships when such memberships entitle the member to program services. Agency: City of Delray Beach Contract: 02-104 Page I Of I 09/17102 11:52:54 AM L Exhibit B5 Parks & Recreation Out of School Youth Recreation/Enrichment SOURCES OF REVENUE NARRATIVE Source Name Narrative Participant Fees Governmental Other Community Action Program-Reimbursement for children in Summer Camp Program. $30 x 8wks x 89 children = $21,360 Fees/Sales to Public-S42,000 CSC Continuation Agency: City of Delray Beach Contract: 02-104 Page I Of I 09117/02 11:52:54 AM Budget Summary Fora BUDGET SUMMARY FORM 2002-2003 Base Application Agency Funded Agency Name: City of Delray Beach by CSC Since: Program Funded Program Name: Out-Of-School Youth Enrichment by CSC Since: 1988-1989 Total Clients (Program) Select I Capacity 300 Children Families: Employees Funded by CSC (FTE) 8.5 2001-2002 2002-2003 $ % BUDGET BUDGET CHANGE CHANGE PROGRAM CSC Funds $ 124,680.00 $130,328.00 $ 5,648.00 4.3% Total Pro~ram Budget $ 294,830.00 $463,664.00 $168,834.00 36.4% CSC % of Program Budget' 42.29% 28. i 1% 3% -14.2% AGENCY Total Agency Budget $ 5,800,000.00 $ 6,300,000.00 $ 500,000.00 7.9% Total CSC Funds (Agency) $ 124,680.00 $ 130,328.00 $ 5,648.00 4.3% CSC % of Agency Budget 2.15% 2.07% 1.13% -0.08% CSC Cost per Client $ 434.43 (Capacity, Children, Family) Instructions I Complete agency and program name and indicate date when CSC first funded each. 2 Give number of clients to be served by the CSC funded program by selecting only one of either capacity or children or families. 3 Complete FTE's funded by CSC by adding percent of funded positions (whole or part) as noted in column 8 of Form A-1. Note 100% = 1 FTE. 4 Complete other fiscal information for your program and agency giving comparison with previous year, dollar change and percentage change. 5 Leave section "For CSC Use Only" blank EXHIBIT "D" Conditions of Award CONTRACT: 02-104 AGENCY: City of Delray Beach Parks & Recreation Department PROGRAM: Out-of-School Youth Recreation/Enrichment CONDITIONS OF AWARD I. PROGRAMMATIC A. Issues or information to execution of contract: be furnished or resolved within sixty (60) days of N/A B. Conditions to be observed throughout contract: 1. The program is to serve children and youth of Palm Beach County in the numbers and ages, and at the times specified in the program model. 2. A designated provider representative(s) must attend and participate in all appropriate regularly scheduled provider meetings held by the Council. 3. Representatives of all programs receiving funding through the Council will regularly attend monthly meetings of the Palm Beach County Out-of-School Consortium. All staff funded through the Council who have direct contact with children must complete ten (10) hours of annual in-service training in developmentally appropriate practices. o Providers receiving funding from the Council will have a disaster plan in place to protect staff, and property, and to ensure the program's ability to continue essential functions for the community. Programs funded through the Council will make every effort to obtain staff with the cultural competence and language skills necessary to work successfully in the community with the population being served. 7. All staff working in Council funded programs will follow the child abuse requirements under Florida law. 8. All programs must participate in training concerning special needs children as offered through the Inclusion Project. The program must be licensed by the Department of Health or in the process of obtaining licensure. If exempt, documentation of the exemption must be presented by the provider. Programs will continue to meet these licensing standards through Department of Health inspections and monitoring. 10. Volunteers/mentors, utilized in appropriate roles, must be screened, trained and receive regular, ongoing supervision by qualified professionals as mandated in the Palm Beach County Child Care Rules and Regulations. CONTRACT: AGENCY: PROGRAM: 02-104 City of Delray Beach Parks & Recreation Department Out-of-School Youth Recreation/Enrichment II. 11. Directors of programs are responsible for submitting monthly reports to the appropriate program specialist or designee by the date specified. (i.e., monthly utilization reports and monthly calendars for the next month by the fifth of every month.) 12. The provider and staff of Out-of-School (OOS) programs for elementary and middle school age children will participate in literacy program development and training as offered through a collaborative between the Council and the Literacy Coalition. 13. To encourage parents to be responsible partners, the provider agrees to require a sliding fee scale for services offered in the out-of-school program. The sliding fee scale is to be submitted to Council for approval during the first month of the fiscal year (October 1-31). 14. At least one (1) adult staff member must hold a current first aid certification evidenced by a valid card in a Red Cross standard first aid course or a comparable course, and at least one adult must hold current certification evidenced by a valid card in child and adult cardiopulmonary resuscitation. At least one (1) adult staff member with each qualification shall be present at all times that children are in the care of the program whether such children are on site, on a field trip, or being transported. FISCAL Issues or information to be furnished execution of contract. N/A or resolved within sixty (60) days of B. Conditions to be observed throughout contract. To encourage parents and clients to be responsible partners, Provider agrees to require a minimum fee for services according to one or more of the following standards. a. PBC School Readiness Coalition Subsidized Child Care Parent Fee Schedule or, b. PBC School Readiness Parent Fee Schedule with modifications to the daily rate, which are approved in writing by the Council, or c. A sliding fee scale in a format approved, in writing, by the Council staff. CONTRACT: AGENCY: PROGRAM: 02-104 City of Delray Beach Parks & Recreation Department Out-of-School Youth Recreation/Enrichment If any fees are generated by the Council's funded program in excess of the amount budgeted, the Provider will notify the Council staff of the excess revenues and plans to expend such fees. The Provider agrees to prioritize the use of excess fees in the following order: a. Increase the number of clients attending the program within licensed capacity. b. Purchase those items which would be considered 'enhancements" to the service being provided in order to improve the quality of the program. c. Reduce the Council's funding by the amount of the excess fees received. All fees generated by the Council funded program will be recorded in a separate revenue account. Date: September 25, 2002 Request to be placed on: x Consent Agenda When: October lp 2002 AGENDA ITEM NUMBER: AGENDA REQUEST Regular Agenda Workshop Agenda __ Special Agenda Desc~pfion of agenda item (who, whab where, how much): Request approval of Agreement with Children's Services Council which provides for reimbursement to the City of Delray Beach up to $130,328 for the Parks and Recreation Out of School Program, and Mayor's signature on two original Agreements. Department Head~ Signature: City Attorney Rev~*~/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Account Number Description Account Balance: Funding Alternatives: City Manager Review:. Yes / No Initials: (if applicable) Approved for Agenda: e~)/ No Initials: Hold Until: Agenda Coordinator Revievc. Received: MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Community Improvement Director Kendra W. Graham, Community Development Administrator September 27, 2002 Agreement Between the City and Habitat for Itumanity ITEM BEFORE THE COMMISSION City Commission approval of an agreement between the City of Delray Beach and Habitat for Humanity of South Palm Beach County, Inc., to build 3 homes on lots provided by the City for low-income families over the next two years. BACKGROUND In November, 1991, City Commission approved an agreement with Habitat for Humanity in accordance with the Comprehensive Plan's policies related to affordable housing. The original agreement provided for the City to donate a total of 5 lots over a period of 2 years. Since the initial agreement in 1991, the City has provided a total of 14 lots to Habitat for Humanity. The most recent agreement between the City and Habitat for Humanity expired September 30, 1998. With the execution of this agreement, the Community Improvement Department would be authorized to proceed with the purchase/conveyance of three lots or to reimburse Habitat for Humanity of South Palm Beach County, Inc., for expenses associated with the acquisition of three vacant lots during the period from October 1, 2002 through September 30, 2004. This agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and form. RECOMMENDATION Staff recommends City Commission approval of the proposed agreement between the City and Habitat for Humanity of South Palm Beach County, Inc., to provide three lots available for homeownership opportunities for low-income residents. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. THIS AGREEMENT entered into this __ day of ., 2002, by and between the CITY OF DELRAY BEACH, (hereinafter referred to as City), and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC., (hereinafter referred to as Subgrantee), and provides as follows: NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Definitions. (a) City of Delray Beach Community Development Block Grant Program: means the Community Development Program applied for by the City of Delray Beach and awarded by the United States Department of Housing and Urban Development as authorized pursuant to Title I, Housing and Community Development Act of 1974, Public Law 93-383, as amended. (b) CDBG Funds: means the Community Development Block Grand Funds; The monies given to the Subgrantee pursuant to the terms of this Agreement. (c) H.U.D.: means the United States Department of Housing and Urban Development. (d) Project(s): means the project or projects set forth in Exhibit "A". (e) Rules and Regulations of H.U.D.: means Development Block Grant Regulations"; OMB Circular A- 110. 24 CFR 570, "Community Circular A-122, and OMB 2. Regulations,. Under the Rules and Regulations of H.U.D., the City is administrator of the CDBG program and the City is mandated to comply with various statutes, rules and regulations of the United States and the Rules and Regulations of H.U.D., as to the allocation and expenditure of funds. The Subgrantee hereby agrees to comply with the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law 88-352:42 U.S.C. §. 2000 d et seq.) Co) Title VIII of the Civil Rights Act of 1968 (Public Law 90-284; 42 U.S.C.§. 3601 et seq.); (c) CFR 24, §. 570.608 lead-based paint notification inspection, testing and abatement procedures. (d) The requirements and standards of OMB Circular NO. A-87, OMB Circular A-128 with the relevant Sections of 24 CFR Part 85. (e) Any other rules, regulations or requirements as H.U.D. may reasonably impose, in addition to the aforementioned assurances. 3. Project. The Subgrantee hereby agrees to provide and implement the project as set forth in Exhibit "A". 4. Financial Responsibilities. (a) Subgrantee hereby gives the City, H.U.D., and the Comptroller general, though any authorized representative, access to and the right to examine all records, books, papers or documents relating to the Project. (b) Subgrantee hereby agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the City under this Agreement. (c) Subgrantee hereby agrees that if it has caused any fimds to be expedited in violation of this Agreement, it shall be responsible to refund such monies in full to the City. 5. Term. This Agreement shall commence on the day the City executes the Agreement and shall terminate on September 30, 2004. 6. Termination. In accordance with 24 CFR 85.43, suspension or termination of this Agreement may occur if the Subgrantee materially fails to comply with any term of the grant, and that the grant may be terminated for convenience in accordance with 24 CFR 85.44. The City may cancel this contract with or without cause upon 30 days written notice to Subgrantee. 7. Leeal Provisions Deemed Included. Each and every provision of any law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. 8. Governing Laws[ Venue. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 9. Inte£ration~ Amendments. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by all parties. 10. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: Community Development Division City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Subgrantee: Habitat For Humanity of South Palm Beach County, Inc. Any party may at any time by giving ten (10) calendar days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 11. Signature Required. This Agreement shall not be valid unless and until signed by the Mayor and attested to by the City Clerk. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: (Name Printed or Typed) CITY OF DELRAY BEACH By: David Schmidt, Mayor HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. By: (Name Printed or Typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of ., 200_, by ., as of Habitat for Humanity of South Palm Beach County, Inc.. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public EXHIBIT A The City will purchase and convey at no cost three (3) lots and make available to Habitat for Humanity of South Palm Beach County, Inc., or the City agrees to reimburse Habitat for Humanity of South Palm Beach County, Inc., for expenses associated with the acquisition of three (3) vacant parcels within the City not to exceed $31,500 during the terms of this agreement. These lots are for the purpose of providing homes to eligible, low-income, first-time homebuyers during the term specified within this Agreement. The City will provide a 100% waiver of the City permit fees as its policy for all Renaissance Partners. Habitat for Humanity of South Palm Beach County, Inc., will select a low-income family, preferable a Delray Beach resident to construct a dwelling unit in accordance with all City codes and convey the real property and improvements to the family selected at a cost to be determined by Habitat for Humanity of South Palm Beach County, Inc. The family will qualify as an eligible, low income household as defined by the City of Delray Beach Community Development Block Grant Program. In the event that the property and improvements are not developed and conveyed to the eligible family within twenty-four (24) months from the time of permitting the property, the land will revert back to the City of Delray Beach. Agenda Item No.: AGENDA REQUEST Request to be placed on: ~ Regular Agenda Special Agenda Workshop Agenda Consent Agenda Date: September 27, 2002 When: October 1, 2002 Description of item: Request approval to execute agreement for funding for the purchase/conveyance of three lots for Habitat for Humanity. Total cost of all lots not to exceed $31,500. Funding to come from the City's SHIP account #118-1924-554-61.10 Recommendation: Staff recommends approval and execution of the agreement for funding. Department Head Signature: ~/~ City Attomey Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~/NO~edLqt 07''' Funding Alternatives: ,.~li~ Account No. & Description: ~-- Account Balance: ~,/~,b,140 City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM# '.~1 - REGULAR MEETING OF OCTOBER 1, 2002 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: SEPTEMBER 27, 2002 Attached is the Report of Appealable Land Use Items for the period September 16, 2002 through September 27, 2002. It informs the Commission of the various land use actions taken by the designated boards, that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. $:\Ci~ Cierk\chevelle foklet\ag~nda memo~\apagnem. 10.1.02 TO: THRU: FROM: SUBJECT: MEETING OF OCTOBER 1, REPORT OF APPEALABLE LAND USE ITEMS THRU SEPTEMBER 27, 2002 DAVID T. HARDEN, CITY MANAGER PAUL DORLING, BIRECTOR OF PLANNING AND ZONING MIN ALLEN, PLANNER 2002 *CONSENT AGENDA* SEPTEMBER 16, 2002 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of September 16, 2002 through September 27, 2002. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) 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. No appealable items were considered by the Planning and Zoning Board. The following items will be forwarded to the City Commission for action. Tabled (4 to 0, Borchardt abstained, Krall and Pike absent), a conditional use request to allow the establishment of a child care facility for Albatross Child Care Center, located at the southeast corner of Albatross Road and Curlew Road. Recommended approval (5 to 0), of a rezoning from (County) RTU (Residential Transitional Urban) in part, AR (Agricultural Residential) in part and CG (General Commercial) in part to (City) PRD (Planned Residential Development) in part and PC (Planned Commercial) in part for eleven parcels of land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military Trail. City Commission Documentation Appealable Items Meeting of October 1,2002 Page 2 Recommended approval (5 to 0), of a rezoning from (County) PUD (Planned Unit Development) to (City) PRD (Planned Residential Development) for a 34.6 acre parcel, the Winterplace Subdivision (now known as The Colony at Delray Beach), located at the southeast corner of Military Trail and the L-30 Canal. Recommended approval (5 to 0), of a modification to the Silver Terrace Redevelopment Plan and the associated SAD (Special Activities District) zoning ordinance to allow single family detached dwellings on lots lying within Blocks 2 and 3 of the Silver Terrace Subdivision which only front on Dixie Highway (except corner lots) to take access from Dixie Highway. Recommended approval (5 to 0), of the transmittal of Comprehensive Plan Amendment 2002-2, which includes the following text changes and amendment to the Future Land Use Map. Modification of the definitions section of the Public Schools Facilities Element, by adding numerous new definitions. · Modification of Policy B-2.1 of the Future Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. · Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CBD (Central Business District). · Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the beach renourishment project. · Modification of the Introduction and Summary of Major Features (Planning Area subsection), Objective B-3 and Policies B-3.1 & B-3.2 of the Future Land Use Element, regarding the provision of services to land within the Planning Area. · Future land use map amendment from LD (Low Density Residential 0-5 du/ac) to CC (Commercial Core) and rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) for a parcel of land located on the north side of SE 4th Street, approximately 127 feet east of SE 6th Avenue (northbound Federal Highway), associated with The Meridian mixed-use development. · Recommended approval (5 to 0), of an amendment to the Land Development Regulations Section 2.4.3(K) regarding building plan check and permit fees. Recommended approval (5 to 0), of a combined preliminary/final plat for San Sebastian, a proposed 32-unit townhouse development, located at the southeast and southwest corners of NE 5~h Avenue (southbound Federal Highway) and NE 3rd Street. City Commission Documentation Appealable Items Meeting of October 1,2002 Page 3 A. Approved (7 to 0), a Class I site plan modification associated with the installation of two awnings for an existing commercial building located at 30 SE 4th Street (southeast corner of SE 4th Street and SE 1st Avenue). B. Approved (7 to 0), a Class I site plan modification associated with the installation of an awning for Kilbourne & Sons an existing commercial building, located at the northeast corner of NE 1st Street and the FEC Railroad (301 NE 1st Street). C. Approved (7 to 0), a Class I site plan modification associated with the installation of hurricane panels along the second floor of the Public Safety Building (Delray Beach Police Department), located at the southeast corner of West Atlantic Avenue and SW 4th Avenue (301 West Atlantic Avenue). D. Tabled (7 to 0), the architectural elevations associated with the construction of two new apartment building housing 14 units for Palms of Delray, located on the south side of Dotterel Road, approximately 100' east of Jaeger Drive. The site and landscape plans were previously approved by the Board. E. Approved (7 to 0), a Class V site plan, landscape plan and architectural elevations associated with the construction of a 14,510 sq. ft. office building which is associated with a water service agreement for Devco Plaza, located at the southwest corner of West Atlantic Avenue and Markland Lane. F. Approved (7 to 0), a Class V site plan, landscape plan and architectural elevations associated with the demolition of the existing bank and construction of a new single story 4,000 square foot bank with four drive-thru teller lanes for the First Union National Bank, located within the Delray Square Shopping Center at the northeast corner of West Atlantic Avenue and Military Trail (4899 West Atlantic Avenue). G. Approved (7 to 0), a Class V site plan, landscape plan and architectural elevations associated with the construction of a 10-unit townhouse development for Village Walk, located on the east side of NE 4th Avenue, approximately 186 feet north of East Atlantic Avenue. Concurrently, the Board approved an internal adjustment reducing the standard aisle width from 24' for the two-way traffic to 20'; and, a waiver reducing the 20' required visibility triangle to 15', subject to the redesign/relocation of the entry arch. Approved (7 to 0), a Class II site plan modification and a Certificate of Appropriateness associated with the conversion from retail to restaurant and the installation of canvas awnings for Caribe Cafe, located at the southeast corner of East Atlantic Avenue and Palm Square (814 & 816 East Atlantic Avenue). City Commission Documentation Appealable Items Meeting of October 1,2002 Page 4 Approved (7 to 0), a request for a Certificate of Appropriateness associated with the installation of a free standing sign for Kyros Development, Inc., an office building, located on the east side of SW 1st Avenue, south of West Atlantic Avenue (21 SW 1st Avenue). By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- October 1, 2002 GULF STREAM BL VD ~ A'iI. ANTIC LAKE LOW$ON BOULEVARD LINTON BOULEVARD I I I L-SO CANAL IDA L-38 CANAL S.P.R.A.B. A. 30 SE 4TH STREET B. KILBOURNE & SONS C. PUBLIC SAFETY FACILITY D. PALMS OF DELF~ Y E DEVCO PLAZA F FIRST UNION NATIONAL BANK G. VILLAGE WALK H. PB. I CARIBE CAFE 2. KYROS DEVELOPMENT INC NW 2NDST $ W 2NDST ~ ® 11 I ! C. 15 CANAL CITY LIMITS ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2002 - - D~GITAL BASE MAP SYSTEM- - __~ s.E. ~r~ ST. 22' PA I/ING P A V E D 100.00' LANT[R 14~ P A V £ / PLpoB_AN IL H / "',,, / ~ / ( tJtlt. 0.6' 40..I' 15 b' CONC. f OLIN[) I h' .t 20 1' STORY 100.00'-- ! Slf)h'r Bi~ILDIt4G LOT 1, BLOCK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM# ~ REGULAR MEETING OF OCTOBER 1, 2002 AWARD OF BIDS AND CONTRACTS SEPTEMBER 27, 2002 This is before the City Commission to approve the award of the following bids: Bid award to Reed Landscaping, Inc. for Lake Ida Road irrigation and landscaping in the amount of $382,845.88. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping). Bid award to various for pipe fflhngs at an annual cost of $166,184.58. Funding is available from various departmental operating budgets. Emergency Bid Award to Florida Detroit Diesel Allison for the rebuilding of a fire truck engine (vehicle #8834) in the amount of $15,666.27. Funding is available from 501-3311-591-52.52 (Central Garage Fund). Recommend approval of the above bids and purchases. S.\Ctty Clerk\chevelle folder\agenda memo\B~d Memo. 10.1.02 DELRAY BEACH Memorandum n -AmedcaC , Horticulturist 2001 TO: THROUGH: FROM: RE: DATE: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT /3_ NANCY DAVILA, HORTICULTURIST ~) LAKE IDA ROAD-RECOMMENDATION FOR AWARD OF BID SEPTEMBER 23, 2002 ITEM BEFORE THE COMMISSION: The item before the Commission is consideration of the recomrnendation of the award of Bid No. 2002-30 for Lake Ida Road Irrigation and Landscaping, to Reed Landscaping, Inc., in the amount of $$382,845.88. BACKGROUND: This bid was for the beautification of Lake Ida Road, between Congress Avenue and Military Trail. The funding for portions of the project was assisted by discretionary funding from Palm Beach County Commissioner Mary Mc Cart-y, and a grant from Keep Palm Beach County Beautiful. The plans were prepared by Jerry Turner & Associates of Florida, and the cost estimate was $397,834.25. The project was advertised for bid in July with the bid opening on August 28, 2002. Eight bidders responded to the request for bid with bids ranging from $382,845.88 to $544,946.85. Reed Landscaping, Inc. was the lowest apparent responsive bidder. All references were favorable, and they are licensed as both an irrigation and landscape contractor in Palm Beach County, and have updated their De[ray Beach occupational licenses. The Notice of Tentative Award has been issued. RECOMMENDATION: The bid has been reviewed by both staffand the Consultant, Debora Turner, who recommend that the City Commission give favorable consideration to the award of Bid No. 2002-39 to Reed Landscaping, Inc., in the amount of $382,845.88. Funding is available in 119-4151-572-63.20. 5ep-24-02 09:56A P.O1 LANDSCAPE A~.CIIT~CT~R£ J E R R Y T U R N E R A S $ 0 I A T E S O F F L O R I D A I N C September 24, 2002 Ms. Nancy Davila Horticulturist City of Delray Beach 100 N W. First Avenue Delray Beach, FL 33444 RE: Lake Ida Road Beautification Award of Landscape and Irrigation Contract Dear Nancy, I have reviewed the proposals for the Lake Ida Road Beautification Project. The Iow bidder, at $3 82,845.85 is Reed Landscaping. The unit prices, specifications and quantities in their proposal are consistent with the plans and our cost estimates. With your concurrence that their licensing requirements are in order, 1 recommend Reed Landscaping be awarded the contract. If you have any questions, please do not hesitate to call. Sincerely, Debora Turner, ALSA President Z77 S~E. 5th Avenue Delrny Bead. h, FLorida 33483 (561) 276-0453 Fax 997-8667 I = ~: _ . ~ ~ Z LIJ Date: September 26, 2002 Agenda Item No. ~Q'~' \ AGENDA REQUEST Agenda request to be placed on: X Regular Special __ Workshop __ Consent When: October 1, 2002 Description of Agenda Item: Award of Bid 2002-30 for Lake Ida Road Irrigation and Landscaping to Reed Landscaping in the amount of $382,845.88. Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~'~o Account ~ & Descfip~fi: Accost Bal~ce: ~ 4 ( q ~ ~ ~ C~ ~ o~ (if applicable) City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: THROUGH: David T. Harden, City Manager /. Jacklyn Rooney, Purchasing Supervisor~-""'~,,, Joseph Safford, Finance Director DATE: September 27, 2002 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 01, 2002 - BID AWARD - BID #2002-34 PIPE FITTINGS & ACCESSSORIES - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve multiple awards to low responsive bidder(s) listed below for the purchase of pipe fittings and accessories stocked in the Purchasing Warehouse, at an estimated annual cost of $166,184.58. Background: The Water/Sewer Network and Construction Division have a need for an annual contract for pipe fittings and accessories with funding from their operating budget. Bids for this contract were received on were received on July 18, 2002, from nine (9) vendors all in accordance with City's purchasing procedures. (Bid #2002-34 on file in the Purchasing Office.) This bid contains sixteen (16) groups for commodities which are inventoried in the Purchasing Warehouse, and last group number seventeen (17) is for the Capital Construction Division, ordered on an as needed basis by Construction Division. A tabulation of bids is attached for your review. A meeting was held with the Manager of the Water/Sewer Network and Purchasing Staff to review the bids and make award recommendations. Awards were made to low bidders for each group as listed below and highlighted on the attached tabulation of bids and group/item breakdown. Recommended vendors are as follows: Vendors: Lion Plumbing Supply Ferguson Underground Melrose Supply & Sales Hughes Supply West Palm Beach Hughes Supply Riviera Beach Lehman Pipe & Plumbing U.S. Filter Distribution Total Estimated Annual Cost Estimated Annual Amount $ 1,199.40 $ 13,861.71 $ 7,801.16 $ 1,494.38 $ 169.97 $ 1,717.69 $139,940.27 $166,184.58 Recommendation: Staff recommends multiple awards to vendors as stated above at an estimated annual cost of $166,184.58. Funding fi.om various departments operating budgets. Attachments: Tabulation of Bids Award Memo From Construction Division Award Breakdown Per Item Message Page 1 of 1 Rooney, Jackie From: Ballestero, Ralph Sent: Friday, August 30, 2002 3:02 PM To: Rooney, Jackie Subject: Bid # 2002-34, Pipe Fittings and accessories - Annual Jackie: I have reviewed the tabulation of bids for the above referenced annual contract. I recommend award to U.S. Filter for the group 17 "Capital Construction Division" list of items. Rafael C. Ballestero Deputy Director of Construction 8/30/2002 PIPE FITTINGS AND ACCESSORIES BID #2002-34 AWARD RECOMMENDATIONS GROUP # DESCRIPTION VENDOR EST. ANNUAL COST COMMENTS 2. 3. 4. o o o 10. 11. Irrigation Systems Adapters, PVC Bends, PVC Pipe Fittings Brass & Copper Pipe Fittings; Corporation Stops, Curb Stops Bushings, PVC, Brass, Galvanized Caps, PVC, Fernco Ells: PVC, Brass Galvanized Nipples; PVC, Brass & Galvanized Valve Box & Valve Box Risers Pipe, Pvc, Plastic Poly (Drisco Pipe - No Substitutes) 12. Pipe - Couplings PVC Galavanized Melrose Supply & Sales Lion Plumbing Supply Hughs Supply West Palm Ferguson Underground Ferguson Underground Lehman Pipe & Plumbing Lion Plumbing Supply Lehman Pipe & Plumbing Lion Plumbing Supply Hughes Supply West Palm Beach U.S. Filter Distribution Lehman Pipe $ 7,801.16 Low Bidder $ 356.14 Low Bidder $ 520.14 Low Bidder $ 7,428.85 Low Bidder $ 4,781.40 LOw Bidder $ 254.52 Low Bidder $ 95.10 Low Bidder $ 193.59 Low Bidder $ 357.02 LOw Bidder $ 974.24 Low Bidder $ 8,545.28 $ 1,081.66 Low Bidder Lion Plumbing- Bid Substitute Items - Award To US Filter Low Bidder 13. Service Saddles Ferguson Underground $ 873.44 Low Bidder GROUP # DESCRIPTION VENDOR EST. ANNUAL COST COMMENTS 14. 15. Tees, Brass, PVC Lion Plumbing Supply $ 139.03 Valves, Check, PVC U.S. Filter Distribution PVC, Iron Body $ 3,327.79 16. MISCELLANEOUS ITEMS - TO BE AWARDED INDIVIDUALLY Low Bidder #200 Clamp Leak Long 1" x 6" Ford #201 Clamp Leak Long 2" x 6" Ford Low Bidder #202 #203 Ferguson Underground $ 82.50 Low Bidder ( 5.50 ea.) Coupling Compression PVC 3-PT 3/4" Hughes Supply Rivera $ 66.50 Low Bidder (6.65 ea.) Coupling Compression PVC 3-PT 3" #204 Inse~ 1" Lehman Pipe & Supply $ 13.90 Low Bidder (1.39 ea.) #205 Plug PVC 4" Recessed Colonial # 206 Plug PVC 6" Vassalo Lehman Pipe & Supply $ 55.02 Low Bidder (9.17 ea.) #207 Turn on Key For Handwheel Ferguson Underground $ 260.00 Low Bidder ($.65 ea.) #208 Lehman Pipe & Supply $ 119.00 Low Bidder (1.19 ea.) Key Curb Stop 3" Hughes Supply Rivera $ 27.12 Low Bidder (2.26 ea.) #209 "Y" Branch Brass 1 ½"x l"x 1" Ferguson Underground 96.00 Low Bidder (24.00 ea.) Hughes, error on Price - award to Ferguson #210 WYEPVC DWV 4" US Filter Distribution $ 134.88 LOw Bidder (16.88 ea.) Ferguson Underground $ 339.52 Low Bidder (21.22 ea.) Lion Plumbing Supply $ 186.00 Low Bidder (3.72 ea.) #211 WYE PVC Lion Plumbing Supply $ 66.20 Low Bidder DWV 6" (16.55 ea.) #212 WYE PVC Hughes Supply Rivera $ 69.35 Low Bidder Push Pipe (13.87 ea.) 8"x 8"x 6" #213 WYE PVC U.S. Filter Distribution $ 99.00 Low Bidder DWV 8" x 6" (19.80 ea.) GROUP CAPITAL CONSTRUCTION DIVISION: #17 Pipe, Fittings, U.S. Filter Distribution $127,833.12 LowBidder Misc. Valves And Services TOTAL ESTIMATED ANNUAL COST FOR CITY OF DELRAY BEACH $166,184.58 TOTAL AWARD PER VENDOR(S): Lion Plumbing Supply $ Ferguson Underground $ Melrose Supply & Sales $ Hughes Supply West Palm $ Hughes Supply Riviera Bch. $ Lehman Pipe & Plumbing $ U.S. Filter 1,199.40 13,861.71 7,801.16 1,494.38 169.97 1,717.69 $139,940.27 Total $166,184.58 AGENDA REQUEST Request to be placed on: October 01, 2002 Date: September 27, 2002 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Bid award - Bid #2002-34 - Pipe Fittings and Accessories - Annual Contract. Award to various vendors at an estimated annual cost of $166,184.58. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve award to various vendors for the purchase of pipe fittings and accessories which are stocked in the Purchasing Warehouse, and also ordered on an as needed basis by the Capital Construction Division at an estimated annual cost of $166,184.58. Funding from various departments operating budget (Year 2002-2003) Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~~ 0[1'1'~1[I)'~' No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: o~s ' Hold Until: Agenda Coordinator Review: Received: Action: Approved (if applicable) No Disapproved [ITY [I UtI Y BER[H DELRAY BEACH 1993 2001 100 N.W. 1st AVENUE MEMORANDUM TO: FROM: David T. Harden City Manager Robert A. Barcinski Assistant City Manager DELRAY BEACH, FLORIDA 33444 DATE: September 25, 2002 SUBJECT: Agenda Item City Commission Meeting October 1~ 2002 Emergency Bid Award ACTION City Commission is requested to approve an emergency bid award in the amount of $15,666.27 with Florida Detroit Diesel Allison for rebuilding an engine for vehicle #8834, a 1988 pumper. Funding is available in account number 501-3311-591-52.52. BA CKGR 0 UND On 07/29/02 a purchase order in the amount of $14,950 was approved with Florida Detroit Diesel Allison to rebuild the engine for vehicle #8834. This amount was based on an estimate of the work to be done. The final invoice included additional parts and charges. Since the total amount of the work is over $15,000, City Commission approval is needed. RECOMMENDATION Staff recommends emergency bid award in the amount of $15,666.27 to Florida Detroit Diesel Allison to rebuild the engine in vehicle #8834 with funding to come from account number 501- 3311-591-52.52. RAB/tas Cc: Bill Darty File:u:sweeney/agenda Doc:Emergency Bid Award Vehicle 118834 561/243-7000 Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS FL ORIDA DETROIT DIESEL - ALLISON Miami Branch 2277 N.W. 14th Street Miami, Florida 331 25-0068 305-638-5300 IParts Supplement PAGE 1 DATE 8/22/02 CITY OF DELRAY BEACH ATTN: ACCOUNTS PAYABLE 100 N W I AVENUE DELRAY BEACH FL 33444 CUST # 032175 WORKORDER# B30959 PART UNIT EXT. PART NUMBER CODE* DESCRIPTION QTY _ PRICE PRICE FC332-08 PUSH ON HOSE I 3.45 3.45 R23504270A 3-92 TBO CYL HED COM 2 1439.22 2878.44 R23506602 WATER PUMP 8V92 SL I 189.64 189.64 R5199561 53,71.92 STD RH F/P 1 66.46 66.46 R5226410 INJECTOR 6 55.11 330.66 R8927039 6V-92TA BLOWER 1 571.15 571.15 S-684 CLEANER 5 4.40 22.00 00116337 PLUG 1 1.58 1.58 O0142583 RETAINER I .70 .70 05101138 SEAL RING 4 2.73 10.92 05103046 SEAL RING 1 1.14 1.14 05103550 SEAL RING 1 1.14 1.14 05104018 GSKT RKR CV 2 16.42 32.84 05104439 WASHER 2 1.82 3.64 05104978 SEAL RING 1 1.72 1.72 05106219 CLAMP ASM 1 7.61 7.61 05117005 WASHER 4 6.73 26.92 05117193 RISER GOV 1 13.79 13.79 05117242 GASKET 1 1.43 1.43 05117269 REGULATOR GASKET 2 1.28 2.56 05117332 GASKET 2 1.30 2.60 05117362 CAP 1 19.90 19.90 05132155 SEAL 2 11.04 22.08 05136678 GASKET 1 1.43 1.43 05145581 GASKET 1 4.28 4.28 05148373 BOLT 12 1.67 20.04 05148501 INSERT 6 6.70 40.20 05149565 SHL SET STD 4 18.18 72.72 05149572 SHL SET STD 6 13.44 80.64 05149641 GSKT KIT TURBO 1 56.50 56.50 05150941 WASHER 1 .32 .32 05165221 GASKET 1 .51 .51 05167380 GASKET 1 .85 .85 05199673 GSKT KIT 2 46.75 93.50 08922593 GASKET 2 .87 1.74 08923959 SEAL RING 1 1.67 1.67 08924216 ELBOW 1 4.92 4.92 08925030 ELBOW 1 3.89 3.89 08926958 CLAMP 1 7.09 7.09 08928676 SEAL RING 24 1.40 33.60 09424121 BEARING 1 8.48 8.48 09431896 BEARING 1 7.62 7.62 09436682 BEARING 1 7.66 7.66 09437108 BEARING 1 10.49 10.49 1332 SEAL 4 1.00 4.00 1400 RADIATOR FLUSH 6 3.77 22.62 16148 HX CP PL USS 3/8X1 I .12 .12 16172 HZ CP PJ~U_SS 7/16X1 1 .18 .18 CEIVED AUG 2 6' 2002 'PART CODES: (R) Rebuilt, {RM) Remanufactured, (U) Used, (NCW) No Charge-Warranty, iRD) Reduced Warranty, WOR610 MIAADMO2F 'FLORIDA DETROIT DIESEL - ALLISON Miami Branch I Parts Supplement I 2277 N.W. 14th Street Miami, Florida 33125-0068 PAGE 2 305-638-5300 DATE 8/22/02 CITY OF DELRAY BEACH CUST # 032175 WORKORDER # B30959 ATTN: ACCOUNTS PAYABLE 100 N W I AVENUE DELRAY BEACH FL 33444 PART UNIT EXT. PART NUMBER CODE* DESCRIPTION QTY PRICE PRICE 23503588 GASKET 1 12.34 12.34 23503825 THERM 180 4 34.46 137.84 23506594 HOSE 1 17.81 17.81 23509535 THREADLOCK50 1 32.61 32.61 23509542 PIPE THREAD SEALANT 1 15.90 15.90 23511853 TUBE ASM 6 4.24 25.44 23511854 TUBE ASM 6 4.00 24.00 23512138 POWER COOL I GAL XXX 5 12.47 62.35 23512701 1GAL 1240D-Y/O X 14 8.88 124.32 23513509 SEALANT GSKTIDE MT.) I 15.87 15,87 23514774 TUBE ASM 1 9.97 9.97 23518481 FILTER ELEMENT 1 5.31 5.31 23518482 ELEMENT 1 5.20 5.20 23524341 CYL KIT (WIDE GAP) 6 321,95 1931.70 23530408 FILTER 2 17,54 35.08 24228FT HOSE 1 3/4" 1 13.75 13.75 24238FT HOSE 2 3/8" I 21.58 21.58 24246 HOSE 2 7/8"-3'LENGTH I 81.42 81.42 24248 HOSE 3" - 3' LENGTH I 82.96 82.96 3330 BRIDGE EXHNLV 3 67.78 203.34 6848A AIR FILTER I 112.53 112.53 7000 RAZOR BLADE 16 . 13 2.08 71214-1 BLUE INSUL SPADE 6 S 2 .16 .32 71379 NYLON STRAP CT15HD 10 .47 4.70 71387 WIRE TIE BLK CT8S 10 .24 2.40 71721 SEAL-A-SPLCE 3/16 1 .67 .67 72330 HOSE CLAMP #8 LINED 3 1.20 3.60 72333 HOSE CLAMP #16 LINED 2 1.28 2.56 72336 HOSE CLAMP #28 LINED 4 1.48 5.92 72338 HOSE CLAMP #36 LINED 4 1.37 5.48 72339 HOSE CLAMP #40 LINED 2 1.48 2.96 72341 HOSE CLAMP #48 LINED 4 1.53 6.12 72355 HOSE CLAMP #24 LINED 2 1,87 3.74 73225 3" LOCK PAD COURSE G 4 2.75 11.00 73240 MAROON 6"X9" ALUM.OX 2 1,39 2.78 76172 LOCKS GR 8 3/8 2 ,05 .10 76173 LOCKS GR 8 7/16 1 ,07 .07 85200 LIGT GRAY PRIMER 1 6.29 6,29 90037 INV FLR M EL 402X6 I ,95 .95 90386 BRASS FIT 3600X2 1 1,12 1,12 80-10OX50 SILICON 1 28.25 28.25 TOTAL PARTS ENV SUPPLY & WASTE TOTAL PARTS & COSTS RE¢ lV£ 2, oo2 7760.00 370.00 8130.00 'PART CODES' iR) Rebudt, (RM! Remanufactured, {U) Used, CNCW) No Charge-Warranty, (RD) Reduced Warranty. WOR610 MIAADMO2F '- II . . II I . II I I I DETROIT DIeSEL-ALLISON , HEADQUARTEfl$~ $10~ Bowclen ,kt~Krht*, Fi. BR~NCHII$ FT. LAUD~RDA{,.i FL LiU~in~M, k"k~kla ~12 T~ (mS4) 3~7.4440 irT. MYEB5 Fori ~yera, F{(xk{,, 33915 T,I. (94,1) 332-3100 FT. PIEFICw 3885 SeNt~z Road FI;. I:),erce. Flodda 3.1981 Tel' {$6t] 464-600G ~ACK$ONVILLE SO~0 Univ~r'm{l,/Blvd. Y~mt Jack3onv{l{e. F{o~lcia 32216 Tek (904) ?37,7330 MIAMI Tel: O~ALA 224 S.W, ~2nd ^ve~ Oceda, Fk)rldl 34,474 T~' (3.52) ~37-7977 ORLANDO eeso F~sident'8 I)riv~ Ot~nc~, ~ T~: (40;9 T&MPA i{411 Ad.no Dftva T,~: (613) eal,.Ge~l FDD~ 1% Pie, tee 561-464-6006 561-465-2163 FAX FVcddcr~fdda,Com July 26, 2002 City of Delray Beach Fire 434 South Swinton Ave DelrayBeach Fl 33440 Kevin Fax- 561-272-5366 /~~ Phone- 561-243-7332 Re'. Overhat, l- Main Engine 6792 (Fire Truck)6VFlS~ U~ l~_0oz-,/~ We appreciate the opportunity to present you with this estimate or~rhauling the enghe on thc referenced vehicle. Factory-trained technicians utilizing genuine Detroit Diesel parts will perfom~ the service work. This estimate is for FDD-A Ft. Pierce and may not apply to any of its other locations. General: FDD-A will furnish all labor, tools and materials nccess,'u'y to h~f"rame overhaul one 6792 engin, cs. The Vehicle will be located at, FDD-A, in Ft. Pierce Florida. 2. Specific xvork to bo accomplished on main engine: 2.1.1 Disassemble engine in preparation for repair. 2.1.2 Clean and inspect all parts. Any parts listed on this estimate exceeding the maximum allowable wear shall be replaced using new, or/gina{ Detroit Diesel parts or reliabilt® parts. 2.1.3 Replace cylinder heads with reliabilt® (2) 2.1.4 2.1.5 Inspect cylinder block for leaks, cracks or distortion. Clean block in preparation of reassembly. Furnish and install 6 new, complete power assemblies (cylinder kits). Renewrod/main bem'ings/thmstwashers. '~--~q ~5~5 City of Dcmy Beech July 26, 2002 City of Delray Beach Fire 434 South Swinton Ave Delray Beach FI 33440 Page 2 2.0 Continued 2.1.6 2.1.7 2.1.8 2.1.9 2.2.0 2.2.1 2.2.2 2.2.3 2,2.4 2.2.5 Exchange injectors with Reliabilt (6) Exchange Blower with factory reliabilt® blower (1) Rebuild governor, replacing bearings and seals only. (1) After cooler will be removed, cleaned and tested, (1) Exchange Fresh water pump with reliabilt® pump (1) Exchange Fuel pump with reliabilt® pump (1) Replace all freshwater coolant hoses and clamps removed during inframe over haul Reassemble engine to include new gaskets, oil filters, and fuel filters, Replace missing or defective fastenings. Furnish and install new Mobil oil, water and ehm'nical inhibitor as necessary in each engine or as recommended by the engine manufacturer. Any engine painting will be done with spray cans only. City of D~ay Beach July 26., 2002 City of Delray Beach Fire 434 South Swinton Ave Dekay Beach F1 33440 Page 3 3.0 FDD-A shall provide the services cfa qualified mechanic to road test vehicle subsequent to repairs, 4.0 FDD-A shall submit a verbal report to there representative pertaining to any major part or component found to be damaged or exceeding permissible tolerances upon discovery of the defects. Replacement of major components will be paid for separately by modification to this estimate. Machine shop charges, i.e. block boring, line boring, refacing and all associated labor shall be paid for separately by modification to this estimate. The major components are defined as: blocks, heads, crankshafts, camshaft, gear train, Exhaust manifolds and sweep pipes. Radiator, cooler coils, oil pan, valve cover, flywheel, flywheel housing, front cover, end plates, starter, alternator and reduction gear components. This estimate does not consider any internal rust problem of any component identified in rials document. Nor does this estimate include the raising or removal of engine to perform repairs. This will be estimated separately from actual engine repairs. 5.0 FDD-A shall wammty the labor and material (parts) provided in the performance of the work specified above to be free from defects in materials ,'md workmanship for a period of 180 days from thc time all work is completed. Any reliabilt® part will carry a one-(l) year warranty parts and labor warranty. Any warranty repairs shall be made during normal working hours. This estimate is valid for 30 days. City o f Deray Beai:h July 2'6, 2002 City of Delray Beth Fire 434 South Swinton Ave Dekay Beach Fl 33440 Page 4 Total estimated Parts and Lal~,or $14,950.00 (This pric~ doe~ no~ tnolud~ freight, or ~ale~ t~x P.O g~q~3[J Ft. Pierce Branch Date '~'/~ ,/'~-'z City of Dcray Beach MelTIO CC: Date: Re:. City Commission David Harden September 27, 2002 Appeal of Sight Visibility Waiver for Duvall Place The Site Plan Review and Appearance Board approved several waivers for Duvall Place. Among these was a reduction from 20 feet to three feet for the Sight Visibility Triangle where the driveway from the Duvall Place parking lot enters the alley behind Duvall Place. This waiver was discussed further at the Development Services Management Group meeting on September 26. At that meeting it was brought out that this alley will also serve the bank parking lot and drive-in windows for the new bank on the southeast comer of SE 5th Avenue and 1s` Street. Traffic leaving the drive-in windows and wanting to go south will most likely n~ th use the alley to go south to 2 Street and retum to 5 Avenue. This southbound traffic will be least visible for vehicles exiting the parking lot. In my opinion, the Planning staff analysis is flawed in that it only calculates whether the driver exiting the parking lot can see 20 feet up the alley. Normally, a 20 foot sight triangle provides a much longer view of oncoming traffic than 20 feet. This occurs because the travel lane is normally 10 feet or more beyond the edge of the right-of-way. In the case of alleys, however, the travel lane is at the edge of the right-of-way. A car traveling down the alley at 15 miles per hour is moving 22 feet per second. If when entering the alley a driver could only see 20 feet, it would be impossible to see far enough to dec~de whether it is safe to enter the alley. Recommendation: It is my understanding that the developer has an altemative which eliminates the exit from the parking lot ~nto the alley. I recommend that the Sight Visibility waiver for the driveway into the alley be denied, and the developer's alternative eliminating the exit into the alley be approved. ! t ,1 '1 I I t I · I I TO: THRU: FROM: SUBJECT: DAVID T. HARDEN,.CITY MA.~GER PY'AU~~TO~(~F PLANNING AND ZONING MICHELLE E. HOYLAND, SENIOR PLANNER~,~(~ ~/~'~ MEETING OF OCTOBER 1, 2002. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S APPROVAL OF A SITE VlSlBLITY WAIVER ASSOCIATED WITH A CLASS V SITE PLAN FOR DUVALLPLACE. The item before the City Commission is that of consideration of an appeal of the Site Plan Review and Appearance Board's (SPRAB) approval of a waiver for a reduction in the required 20' sight visibility triangle associated with a Class V site plan for Duvall Place, an 8-unit condominium development. The subject property is located on the west side of SE 6th Avenue (Northbound Federal Highway) approximately 147' south of SE 1st Street (122 SE 6th Avenue). The appeal is being processed Pursuant to LDR Section 2.4.7(E) Appeals. At its meeting of September 11, 2002, SPRAB approved the Class V site plan, landscape plan, elevations for a proposed eight (8) unit four (4) story townhouse/condominium structure. The proposal included three waivers which included a reduction to the sight visibility requirement, perimeter landscape requirement and open space requirement. On September 17, 2002, the City Commission approved a waiver to reduce the required 10% open space requirement to 8.1%. However, at the same meeting the Commission appealed the action by SPRAB approving a reduction in the site visibility triangle. The basis of the appeal related to concerns that the reduction from the required 20' to 3' adjacent to the alley would create a hazardous situation. At that time, the City Commission suggested the Planning Director meet with the applicant to resolve the concerns. The Director met with the applicant and discussed possible alternatives such as eliminating the driveway onto the alley or eliminating the parking space on the north side of the driveway. The applicant will present these alternatives to the Commission. A complete analysis of the proposal is found in the attached Site Plan Review and Appearance Board staff report. The following is the analysis that was provided to SPRAB regarding the reduction to the sight visibility requirement. LDR Section 4.6.14 Visibility at Intersections: Driveways: Pursuant to LDR Section 4.6.14(A)(1), the sight visibility triangle shall consist of both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way, with two sides of each triangle being twenty (20) feet in length from the point of intersection and the 3~d being a line connecting the ends of the other 2 sides. Within the sight visibility triangle hedges may not exceed 3' in height and trees must have 6' of clear trunk. Reduced sight visibility triangles have been provided at intersections of the main driveway and SE 6th Avenue and the driveway and the north/south alley (approximately 14' on SE 6th Avenue and 3' adjacent to the alley). Therefore, the applicant has requested a waiver to the requirement. City Commission Documentation Meeting of October 1,2002 Appeal of SPRAB Action - Duvall Place Page 2 Waiver Analysis: The applicant has submitted a waiver request to the above regulation. 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) (b) (c) (d) Shall not adversely affect the neighboring area; Shall not significantly diminish the provision of public facilities; Shall not create an unsafe situation; or, 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. SE 6th Avenue is a one-way street with traffic heading northbound. It is noted that the proposal is located one property south of the intersection of SE 6th Avenue and SE 1st Street, which is signalized. Traffic slows down on the approach of this intersection. With regard to the alley, there is not extensive traffic and speeds are not excessive. The waiver requests have been supported by the Engineering Department. The reduction is appropriate in an urban setting. 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), Waiver Findings can be made. Commission's discretion. Attachment: SPRAB Staff Report SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: September 11, 2002 V.D. Duvall Place Class V site plan, landscape plan and architectural elevations associated with the construction of eight (8) unit townhouse/condominiums within a four (4) story building. GENERAL DATA: Owner/Applicant .......................... Rankin-Gravette Group, LLC Agent .......................................... Robert G. Currie Partnership, Inc. Location ...................................... West side of SE 6th Avenue (Northbound Federal Highway), approximately 147' south of SE 1st Street (122 SE 6th Avenue). Property Size .............................. 0.365 Acres Future Land Use Map ................ CC (Commercial Core) Current Zoning ............................ CBD (Central Business District) Adjacent Zoning ................ North: CBD (Central Business District) East: CBD (Central Business District) South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use ...................... Vacant Proposed Land Use .................... Construction of a four (4) story building housing eight (8) new townhouse/condominium units. Water Service ............................. Available service lateral connections to an existing 8" water main located w~thin the north/south alleyway of block 110. Sewer Service ............................. Available service lateral connections to an existing 8" sewer main located within the north/south alleyway of block 110. III N E 2ND N [ lST ST ATLANTIC AVENUE 1ST ST F/DEL/TY BANK 2ND ST The action before the Board is approval of a Class V site plan request for Duvall Place, pursuant to LDR Section 2.4.5(F). The request involves the following: · Site Plan; · Landscape Plan; and · Building Elevations. The subject property is located on-the west side of SE 6th Avenue (Northbound Federal Highway)approximately 147' south of SE 1st Street (122 SE 6th Avenue). The 0.365 acre site consists of Lots 13 and 14, less the east 5' thereof for road right of way, Block 110, Town of Delray, and is zoned CBD (Central Business District). The subject property is currently vacant. Previously, a 1,209 sq. ft. structure built in 1926, known as the Lavender Shutters building, existed on the site. In May of 2002, the building was relocated to the Historic Cason Cottage property located at the northeast corner of NE 1st Street and Swinton Avenue for use by the Historical Society. A site plan approval request has been submitted to construct eight (8) unit townhouse/condominiums within a four (4) story building, which is the request now before the Board. The development proposal consists of the following: · Construction of an eight (8) unit four (4) story townhouse/condominium structure, st nd rd with four units occupying the 1 and 2 floors and four units occupying the 3 and 4th floors (the units range in size from 2,301 sq.ft, to 2,541 sq. ft.); ° Construction of a pool, jacuzzi, gazebo, deck, planters, trellises and outdoor barbeque area on the second floor of the structure above the proposed parking area; · Construction of a nineteen (19) space parking area on the first floor underneath the pool and deck area; · Installation of an awning; and, · Installation of associated landscaping, walkways and refuse container area. SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 2 The development proposal also includes the following requests: A waiver from LDR Section 4.6.14(A)(2), to provide reduced site visibility triangles at the intersections of the proposed driveway and the north/south alley, and the driveway and SE 6th Avenue, from 20' to 0' & 14' respectively; and, A waiver from LDR Section 4.4.13(F)(2), to reduce the requirement to provide a minimum of 10% open space to 8.1%. A waiver from LDR Section 4.6.16(H)(3)(d), to reduce the perimeter landscap~ requirement from 5' feet to 3'4%'. 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 application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the CBD zoning district: Building Hei~qht (max.) Required Provided 48' 46'6" Building Setbacks (min.) - Front 10' 10'-11'10" Side (Interior) 0' 0 Rear 10' 10' LDR Section 4.4.13 CBD Supplemental District Regulations: Open Space: Pursuant to LDR Section 4.4.13(F)(2), a minimum of ten percent (10%) non-vehicular open space shall be provided. The proposal provides 8.1% open space at the ground level and 10.5% on the 2nd level pool area for a total of 18.6%. As the second level is not considered open space, by definition, only 8.1% of open space has been provided and the requirement has not been met. The applicant has submitted a waiver request to the above regulation. 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) (b) Shall not adversely affect the neighboring area; Shall not significantly diminish the provision of public facilities; SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 3 (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 proposal involves a reduction of only 1.9% of open space. If the second level/pool deck is considered, the proposal provides a total of 18.6% of open space. Given the design of the project, the landscaping on the second level/ deck serves the same purpose as if it were on the ground level. The proposed landscaping will provide relief for the residences and the structure. The landscaping is extensive and will be visible from ground level. Also, the proposed trees will enhance the building's west elevation. The waiver request has been supported by the City Horticulturist. 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), Waiver Findings can be made. Parking: Pursuant to LDR Section 4.4.13(G)(1)(e), multiple family units (2 bedrooms or more) are to provide 1.75 spaces a unit plus guest parking at a rate of 0.5 spaces for the first 20 units. Based on the above, 18 parking spaces are required and 19 spaces have been provided. Therefore, this requirement has been met. Density: Pursuant to LDR Section 4.4.13(B)(4), within the CBD zone district, residential projects with a density of up to 30 units per acre are a permitted use. The proposed eight (8) unit townhouse/condominium development represents 21.9 units per acre, thereby meeting this requirement. LDR Section 4.3.4(H)(6) Special Setbacks: Pursuant to LDR Section 4.3.4(H)(6)(b)(2), a 10' special landscape setback is required along Federal Highway. Within this special landscape area, no structure or paving (except for driveways and sidewalks that are perpendicular to the property line) is allowed. This special landscape setback is not required when storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of-way. The proposed development has provided a 10'-11'10" setback which accommodates landscaping, walkways and driveways. Therefore, this requirement has been met. LDR Section 4.6.8 Site Liqhtin.q: Pursuant to LDR Section 4.6.8 (Lighting), lighting is required for new development proposals. A site lighting and photometric plan has been provided to ensure compliance with LDR Section 4.6.8. Decorative light fixtures are proposed within the entryway of SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 4 the units. Additionally, ceiling mounted light packs are proposed within the covered parking garage. At its meeting of August 21, 2002, the Downtown Development Authority (DDA) reviewed and recommended approval of the proposal subject to the provision of electrical outlets and uplighting at the base of the trees along SE 6th Avenue, which has been attached as a condition of approval. Bike Rack: Pursuant to the Transportation Element of the Comprehensive Plan bicycle parking shall be required on all new development and redevelopment proposals within the City's TCEA (Traffic Concurrency Exception Area). The subject property is located within the TCEA area and is therefore required to provide a bike rack. A bike rack has been provided within the covered parking area. Therefore, this requirement has been met. Loadinq Area: Pursuant to LDR Section 4.6.10(C), one loading space is required for apartment type uses. Although the proposal involves construction of eight (8) townhouse/condominium units, this requirement does apply. An adequate loading space has not been provided on-site. The applicant has indicated that loading can occur within the driveway, accessed off of SE 6th Avenue. It is noted that the pool deck which is located on the second level will prevent any trucks or delivery vehicles over nine (9) feet in height from being able to exit the site in a forward manner. Vehicles exceeding nine (9) feet in height will be forced to back-out onto SE 6th Avenue, which creates an unsafe situation. It would be more appropriate to locate the loading area in the rear of the development with access taken off of the alley. As the proposal exceeds the parking requirement by one (1) parking space it is appropriate to convert a space to a loading area. Therefore, a condition of approval is that the southwestern most parking space be converted to a loading space. LDR Section 4.6.14 Visibility at Intersections: Drive wa IlS: Pursuant to LDR Section 4.6.14(A)(1), the sight visibility triangle shall consist of both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way, with two sides of each triangle being twenty (20) feet in length from the point of intersection and the 3rd being a line connecting the ends of the other 2 sides. Within the sight visibility triangle hedges may not exceed 3' in height and trees must have 6' of clear trunk. Reduced sight visibility triangles have been provided at intersections of the main driveway and SE 6th Avenue and the driveway and the north/south alley (approximately 14' on SE 6th Avenue and 3' adjacent to the alley). Therefore, the applicant has requested a waiver to the requirement. SPRAB Staff Report Class V Site Plan, Landscaping, and Buiiding Elevations for Duvall Place Page 5 Waiver Analysis: The applicant has submitted a waiver request to the above regulation. 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) (b) (d) Shall not adversely affect the neighboring area; Shall not significantly diminish the provision of public facilities; Shall not create an unsafe situation; or, Does not result in the grant of a special privilege in that the same waiver woul~ be granted under similar circumstances on other property for another- applicant or owner. SE 6th Avenue is a one-way street with traffic heading northbound. It is noted that the proposal is located one property south of the intersection of SE 6t~ Avenue and SE 1st Street, which is signalized. Traffic slows down on the approach of this intersection. With regard to the alley, there is not extensive traffic and speeds are not excessive. The waiver requests have been supported by the Engineering Department. The reduction is appropriate in an urban setting. 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), Waiver Findings can be made. 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 building permit submittal. 1. Provide a FDOT permit for the driveway along SE 6th Avenue. 2. That a unity-of-title or recorded plat be provided prior to issuance of a building permit. A landscape plan which addresses the landscaping adjacent to the new building along SE 6th Avenue and the common areas has been submitted and evaluated by the City Horticulturalist. It is noted that Orange Geiger trees with Cocoplum hedging and Shore Juniper and Viburnum underplantings will be planted along SE 6th Avenue. Within the proposed pool deck area the landscaping includes Magnolia, Coconut palm, and Alexander palm trees with a variety of underplantings. Adjacent to the alley White Stopper trees with Viburnum and Variegated Arboricola underplantings are proposed. While the City Horticulturalist found that the proposed landscape plan complies with the City's Land Development Regulations, concerns have been expressed with the structural feasibility of the proposed pool deck as it is above the parking area. Therefore, attached as conditions of approval is that engineering plans be provided to ensure the feasibility of the proposed landscaping and that an arborist certify that the proposal is feasible. SPRAB Staff Report Class V S~te Plan, Landscaping, and Building Elevations for Duvall Place Page 6 Pursuant to LDR Section 4.6.16(H)(3)(d), a landscape barrier shall be provided between the off-street parking area or other vehicular use area and abutting properties. This landscape barrier shall be a minimum of 5' in width, excluding curbing. The proposed landscape island adjacent to the parking space located in the southwest corner of the property adjacent to the alley is only 3'4¼", which does not meet the requirement. Waiver Analysis: The applicant has submitted a waiver request to the above regulation. 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) (b) (c) (d) Shall not adversely affect the neighboring area; Shall not significantly diminish the provision of public facilities; Shall not create an unsafe situation; or, 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 proposed parking lot configuration will accommodate 19 parking spaces and only 18 are required. However, it is noted that within the CBD parking is at a premium and any additional spaces which can be accommodated are desirable. The proposed landscape island does not meet the minimum 5' width requirement however the required trees and underplantings can be accommodated within the 3'4W' wide island. The waiver request will not adversely affect the neighboring area, diminish the provision of public facilities, nor create an unsafe situation. Granting the waiver will not result in a special privilege, as the same request would be granted under similar circumstances in the CBD. Based upon the above, a waiver is recommended. LDR Section 4.6.18(B)(14) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (a) The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 7 The proposed structure is of concrete block construction with a smooth stucco finish and hardiboard siding. The roof will be a patina green standing seam metal roof which features opposing hips and gables. The standing seam will also be applied to the proposed gazebo. The roof line is broken up by featuring decorative dormers with windows and architectural detailing and chimneys with metal hoods to match the roof. A variety of window styles including colonial, faux colonial and glass block will have decorative features such as muntins, sills, standard shutters, bahama shutters and decorative wood trellises. Decorative planters are proposed on the second and third floors, while balconies with aluminum railings are proposed on the fourth floor. Each unit features a covered entry with steps leading to the wood paneled entry doors with sidb .lites. The side elevations include similar architectural features. However, as the sides have a zero (0) setback, the windows are either faux, glass block or closed shutters. The rear elevation includes the covered parking garage on the first floor and the pool area/deck with planters and a gazebo on the second floor. Balconies are proposed on the third and fourth floors with decorative French doors accessing the balconies. The proposed color scheme will consist of Antique White hardiboard siding and Peace Yellow and New Colonial yellow stucco finish. The gingerbreading or "fish scales" will be painted Haven green. The shutters, louvers and awnings will be Dill green. The fascia, banding, columns, windows and railings will be Dover white. The design of the structure along with the architectural elements and color scheme meet the requirements of LDR Section 4.6.18(B)(14). 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 the following areas: Section 3.1.1 (A) - Future Land Use Map: The subject property has a Future Land Use Map designation of CC (Commercial Core), and is zoned CBD (Central Business District). Pursuant to LDR Section 4.4.13(B)(4), within the CBD zoning district multiple family structures of 30 units per acre or less are allowed as a permitted use. 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: 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. SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 8 Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the Land Development Reclulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following 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 appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is vacant and was previously disturbed as a commercial building and associated parking existed on site until May of 2002. However, there are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family development. The Housing Element of the Comprehensive Plan calls for the provision of infill housing in the downtown which this development will help to fulfill. Housinc~ Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is located in the commercial core of the City and surrounded by a mix of commercial and residential uses (i.e. retail space/offices and multiple family units). The development will not increase noise, odor, or dust, and is located on the west side of northbound Federal Highway (SE 6th Avenue) which can accommodate large volumes of traffic. The nearest residential neighborhood is the multi-family development to the north across SE 1st Street (Courtyards of Delray) and the single/multi-family neighborhood to the east along SE 7~h Avenue (Marina Historic District). The proposed development will be compatible with, and may even enhance the value of, properties located within the surrounding area. SPRAB Staff Report Class V Site Plan, Landscap,ng, and Building Elevations for Duvall Place Page 9 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 proposal is located within the TCEA area and bicycle parking has been provided. Therefore, this policy has been met. Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. This policy may be waived for projects in the downtown because the City recognizes the following: that households located in the downtown are likely to have fewer children than those located in suburban settings; that land in the central business district is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc.; and, that there are other cultural and recreational opportunities located in the downtown that are not readily available to residents of suburban apartment complexes. While a tot lot has not been provided a pool, jacuzzi, and barbecue area for the residents have been provided. Based on the above, this policy is met. Housing Element Objective B-2 - Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. This project will not be limited to occupancy by adults only and contains fewer than 25 units (8 units are proposed). However, it is acknowledged that downtown dwellings are not typically occupied by households with children. This complex will primarily accommodate young and middle-age professionals. Four (4) different floor plans which accommodate three (3) bedrooms each have been provided. In addition, two (2) of the units provide a den/library which could be utilized as a fourth bedroom. Therefore, this policy has been met. SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 10 Section 2.4.5 (F)(5) - Compatibility (Site Plan Findincls): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is surrounded by CBD (Central Business District) zoning. The surrounding land uses include a mix of general office, residential and retail uses. The development proposal is to construct eight (8) new residential (condominium) units with townhome type floor plans. As discussed earlier in this report, the need for infill housing in and around the downtown area is a goal of the City..The stability of the downtown area relies on housing units that will patronize area businesses and in tum contribute to the long term revitalization of the downtown. Compatibility is not a concern, as similar uses exist on the surrounding properties and this multiple family development may even enhance commercial rents and property values in the area. The development proposal is located in an area, which requires review by the CRA (Community Redevelopment Agency) and the DDA (Downtown Development Authority). Community Redevelopment Agency: At its meeting of August 8, 2002 the CRA (Community Redevelopment Agency) recommended approval of the development proposal, subject to the conditions that the size of the arched opening on the east side of the building be reduced and that the dormers be increased in size to be more consistent with the elevations. Downtown Development Authority: At its meeting of August 21, 2002, the DDA (Downtown Development Authority) recommended approval of the development proposal, subject to the conditions that uplighting be provided at the base of the trees along SE 6th Avenue, that the islands include electrical outlets and that the air conditioning units be sound proofed. Courtesy Notice: Courtesy notices have been sent to the following homeowner's and civic associations. · The Delray Beach Chamber of Commerce · PROD · President's Council Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board meeting. SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Duvall Place Page 11 The development proposal is to construct an eight (8) unit townhouse/condominium development. The addition of households in the downtown area will help in the long term revitalization of the CBD. The development will have a positive impact on the adjacent residential and commercial uses and will be an enhancement to the area. Waivers have been requested to allow a reduction in the open space requirement by 1.9% and to reduce the site visibility triangles at the intersection of the driveway and SE 6th Avenue as well as the driveway and the adjacent north/south alley. Also, a waiver has been requested to reduce the landscape strip at the southwest corner of the site. The waivers are supportable. 'The proposed use and development are consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Provided the conditions of approval are met positive findings can be made with respect to compliance with the Land Development Regulations. A. Continue with direction. Approve the Class V site plan, landscape plan, architectural elevations and waivers for Duvall Place, 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. Deny the Class V site plan, landscape plan, architectural elevations and waivers for Duvall Place, based upon a failure to make positive findings with respect to the Land Development Regulations. By Separate Motions: Waivers: Ao Approve a waiver to LDR Section 4.6.14(A)(2), to reduce the site visibility corner at the intersection of the driveway and SE 6th Avenue from 20' to 14', and the intersection of the driveway and the north/south alley, from 20' to 3', based upon positive findings with LDR Section 2.4.7(B)(5). Recommend to the City Commission approval of a waiver to LDR Section 4.4.13(F)(2), to reduce the required open space from 10% to 8.1% on the ground level of the property, based upon positive findings with respect to LDR Section 2.4.7(B)(5). C. Approve a waiver to LDR Section 4.6.16(H)(3)(d), to reduce the perimeter landscape strip between the parking space/loading area at the southwest corner SPRAB Staff Report Class V Site PLan, Landscaping, and Building Elevations for Duvall Place Page 12 of the site and the alley from 5' to 3'4W', based upon positive findings with LDR Section 2.4.7(B)(5). Site Plan: Approve the Class V site plan for Duvall Place, 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 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. That uplighting and electrical outlets be provided at the base of the trees along SE 6t~ Avenue; and, 3. That the parking space at the southwest corner of the property be converted to a loading space. Landscape Plan: Approve the landscape plan for Duvall Place, based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. That engineering plans be provided to ensure the feasibility of the proposed landscaping; and, 2. That an arborist certify that the proposal is feasible. Elevations: Approve the elevations for Duvall Place, based on positive findings with respect to LDR Section 4.6.18. Attachments: · AppendixA · AppendixB · Site Plan · Landscape Plan · Building Elevations · Floor Plans Report prepared by: Michelle E. Hovland, Senior Planner z ~ ~lz ~m th I,~ Z I MASTER GARDENERS NURSERY & LANDSCAPING,INC. iii 10-Id 009 .I.::II'N~DIS:JQ dH -- '! S>!~1¥1~ ±O-Id 009 ±~rNglS:aO dH TO: DAVID T. _HARADE,N, CI'[Y N~kNAGER FROM: ~_~' WENDY SHAY, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF OCTOBER 1, 2002 APPEAL OF THE HISTORIC PRESERVATION BOARD'S DENIAL REGARDING AN EXISTING ACCESSORY STRUCTURE AT 610 NORTH.OCEAN BOULEVARD~ THE FONTAINE FOX HISTORIC SITE. The action requested of the City Commission is that of consideration of an appeal of the Histodc Preservation Board's denial of an existing accessory structure associated with a Certificate of Appropriateness located at 610 N. Ocean Boulevard, the Fontaine Fox Historic Site. The subject property is located approximately 900' south of George Bush Boulevard between North Ocean Boulevard and Andrews Avenue. The Historic Preservation Board action was taken on September 4, 2002 and appealed on September 12, 2002 by Rebecca Henderson, attorney for Frank and Nilsa McKinney, owners of the property. The appeal is being processed pursuant to LDR Sections 2.4.7(E) and 4.5.1(M)(12). The development proposal is a request for approval of a pre-existing accessory structure that was constructed last year. The accessory structure is currently located east of the main historic dwelling along the front fac~ade. The structure is supported by four large wood posts and contains a wood staircase that leads from ground level to the main entrance. The free-standing structure measures 10'x12' and is approximately 23' high. Built of frame construction with a wood shingle exterior, intended to match the extant historic home, the structure displays a gable roof with wood shakes and a balcony and is connected to the main dwelling via a rope suspension bridge. The structure was constructed within a stand of sea grape trees. Dense landscaping consists of the sea grape trees which surround both the perimeter of the property and the structure. Additional background and an analysis of the request are provided in the attached staff report. During its meeting on June 5, 2002, the Historic Preservation Board reviewed a COA request for the existing accessory structure. This action was continued along with a request for additional information including as-built drawings for the structure. The item was reconsidered on September 4, 2002. Upon further analysis of the structure, the Board found that the scale, massing, and particularly the location of the structure, directly in front the extant historic dwelling, was inappropriate. Staff recommendation was for the relocation of the extant structure, however the Board recommended denial (6-0). On September 12, 2002, the Historic Preservation Board's action was appealed by Rebecca Henderson, attorney for Mr. and Mrs. McKinney, owners. "The basis for the appeal is that the request meets the criteria set forth in: City Commission Documentation Meeting of October 1, 2002 Fontaine Fox Histodc Property Page 2 · LDR Sections 4.5.1(E)(4), (E)(7), and (E)(8)(a-k); · The Delray Beach Design Guidelines; · Objective A-10, Policy ^-10.1 of the Housing Element and Objective C-1 Management Elements of the City's Comprehensive Plan; · The Secretary of the Interior's Standards. of the Coastal Based on this analysis, the applicant asks "...that the City Commission reverse the decision of the Historic Preservation Board and approve the Certificate of Appropriateness for the tree house." Bo Approve the request for an extant accessory structure at 610 N. Ocean Bird, the Fontaine Fox House, based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7), & (E)(8)(a- k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards for Rehabilitation. Approve the request for an extant accessory structure at 610 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7), & (E)(8)(a- k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards for Rehabilitation subject to conditions. Uphold the Historic Preservation Board's action and deny the request for an extant accessory structure at 610 N. Ocean Blvd, the Fontaine Fox House, based on a failure to find positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7), & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective O-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards with the basis stated. By motion, approve the request for an extant accessory structure located at 610 N. Ocean Boulevard, the Fontaine Fox Historic Property, based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7) & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards subject to the following condition: 1) That the accessory structure be relocated from the east elevation of the front far,,ade of the extant historic dwelling to either the north side of the property, or to the west elevation, behind the historic dwelling. Attachment: HPB Staff Reports of June 5, 2002 and September 4, 2002 2 O01 HISTORIC PRESERVATION BOARD t! MEMORADUM STAFF REPORT ~001 Agent: Rebecca Hendemon Project Name: Project Location: Fontaine Fox Tree House 610 N. Ocean Boulevard The item before the Board is consideration of a COA for an accessory structure at 610 N. Ocean Boulevard also known as the Fontaine Fox House, pursuant to LDR Section 2.4.6(J). BACKGROUNb,~ The property at 610 N. Ocean Boulevard consists of Lots 2 and 3 of the Ocean Apple Estates Plat. The property is located approximately 900' south of George Bush Boulevard between Andrews Avenue and N. Ocean Boulevard. Associated with the property is a 1,184 square foot Cape Cod cottage, which was constructed in 1936 of Florida cypress. Inspired by the trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the Cape Cod style cottage is located on Lot 2. The lot also contains three outbuildings, one of which is a recently constructed free-standing structure which has been referred to in the application as a "tree house." The property has an extensive land use history. The following background relates to the recently installed accessory structure: In 2001, the applicant constructed a free-standing accessory structure referred to as a tree house in front of the historic Fontaine Fox house. Due to the fact that a building permit is not typically required for the construction of a tree house, no permit or prior HPB approval was sought. However, the structure is more elaborate and detailed than a typical tree house being free-standing (similar to a guest cottage) and is therefore considered an accessory structure which requires Board approval. As such, the applicant is required to obtain a building permit and now seeks approval of a COA from the Board. Consideration of the COA for the accessory structure was first brought before the Board during its meeting on June 5, 2002. Upon review of the project, the Board found that adequate information had not been presented in order to make an informed decision and the item was tabled (5-1 vote) and continued to the first scheduled meeting in July. The Board requested that the applicant submit as-built construction documents for the accessory structure for the Board to review. The applicant was unable to submit plans for the July meeting and the requested plans are now before the Board for review. Meeting Date: September 4, 2002 Agenda Item: II,A. 610 N. Ocean Boulevard, tree house Individually Listed Property Page 2 Project Description The applicant is seeking approval of a pro-existing accessory structure that was constructed last year. The accessory structure is currently located east of the main historic dwelling along the front fa(~ade. The structure is supported by four large wood posts and contains a wood staircase that leads from ground level to the main entrance. The free-standing structure measures 10'x12' and is approximately 23' high. Built of frame construction with a wood shingle exterior, intended to match the extant historic home, the structure displays a gable roof with wood shakes and a balcony and is connected to the main dwelling via a rope suspension bridge. Fenestration consists of modern, 1/1 single hung sash, single light windows, and an ocular window. A hatch door and French door allow access into the structure and to the balcony on the west elevation. The structure was constructed within a stand of sea grape trees. Dense landscaping consists of the sea grape trees which surround both the perimeter of the property and the structure. Analysis Development Standards LDR Section 4.5.1(E)(4), (E)(7), and (E)(8)(a-k) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable standards are as follows: A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. (E)(7) The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of a non-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non-contributing building. Any material change in the exterior appearance if any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. All improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: consistency in relation to materials, texture, and color of the faEade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. 610 N. Ocean Boulevard, tree house Individually Listed Property Page 3 Based on LDR Section 4.5.1 (E)(8)(a-k), the accessory structure must meet requirements in relation to height, proportion of the front far~de, proportion to openings, rhythm of solids to voids, entrance and porch projections, relationship to materials, colors, and textures, roof shapes, scale and orientation (see appendix A for a detailed list). Currently, the structure does display a continuity of design in relation to fabric, texture, color, roof shape, solids to voids, and massing. However, in order to ensure compatibility with the extant historic structure, the height, scale, orientation, and location must be evaluated. Delray Beach Design Guidelines Section IV. New Additions to Historic Buildings Locating the appendage [to a structure] at the rear or an inconspicuous side and limiting the size and scale in relationship to the existing structure is essential. If new additions such as balconies are being considered, they should be on non-character defining elevations. Additional levels should be set back from the existing structure wall plane, and be placed as not to radically alter the historic appearance of the building. Secretary of the Interior's Standards (Department of the Interior regulations, 36CFR Part 67). Building Sites Non-significant buildings, additions, or site features should be removed which detract from the historic character of the site. The introduction of new construction onto the building site which is visually incompatible in terms of size, scale, design, materials, color, and texture or which destroys histodc relationships on the site should be avoided. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. Comprehensive Plan Consistency The following applicable objectives and policies of the City's Comprehensive Plan relate to the proposal: Housing Element: Objective A-JO The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. 610 N. Ocean Boulevard, tree house Individually Listed Property Page 4 Housing Element: Policy A-10.1 This objective will be implemented in accordance with standards and cdteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Coastal Management Element: Objective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic preservation Ordinance shall continue to be applied in the Coastal Management Planning Area. Conclusion As required by the development standards, the design of the accessory structure is in keeping with the Cape Cod style cottage of the extant historic dwelling with its natural frame construction, clapboard siding, wood shingle clad, gable roof, and modest detailing. It is also differentiated from the original structure as it displays modern fenestration and detailing. However, the scale and size of the structure, as well as its location in front of the extant residence, is out of character and obstructs a significant portion of the historic cottage. Although dense foliage and landscaping make it difficult to view the extant main dwelling and associated accessory structure from the right-of- way, the current location of the outbuilding is less than desirable. Further, the existing vegetation can be altered or removed in the future to make the additional structure more visible and the retention of the vegetation cannot be ensured in the future. Therefore, to ensure compliance with the Secretary of the Interior's Standards, the Delray Beach Design Guidelines, and Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, the structure should be relocated from the east elevation, in front of the structure and the rope bridge should be removed altogether. The structure should be razed or relocated to the far north or west side of the property ensuring that no architectural attributes of the front fa(;ade of the historic structure are in any way obscured or irreparably damaged. If the Board approves relocation, it should occur within 60 days, which appears to be an adequate time frame for revisions to be made to the plans and permits to be obtained. A. Continue with direction. B. Approve 2002-164-COA-HPB for an accessory structure at 610 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7) & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A- 10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards subject to conditions. 610 N. Ocean Boulevard, tree house Individually Listed Property Page 5 C. Deny approval of 2002-164-COA-HPB for an accessory structure at 610 N. Ocean Blvd, the Fontaine Fox House, based on a failure to find positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7) & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards with the basis stated. Approve the COA for the accessory structure located on the property at 610 N. Ocean Boulevard based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7) & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards subject to the following condition: 1) That the accessory structure be relocated from the east elevation of the front fa(;;ade of the extant historic structure to the north side of the property, or to the west elevation, behind the historic dwelling, within 60 days of the Board's approval. Attachments: Survey, Photos, Site Plan Report Prepared by: Wendy Shay, Historic Preservation Planner Agent: Project Name: Project Location: Rebecca Henderson Fontaine Fox Tree House 610 N. Ocean Boulevard The item before the Board is consideration of a COA for a '~ree house" at 610 N. Ocean Boulevard also known as the Fontaine Fox House, pursuant to LDR Section 2.4.6(J). 'matel 900' south of George Bush The property at 610 N. Ocean Boulevard consists of Lots 2 and 3 of the Ocean Apple Estates Plat. The property is located appro~ Y,,_..,...,,,,~ A sociated with the Boulevard between Andrews Avenue and N. ocean =uu,=v,~ ..... s property is a 1,184 square foot Cape Cod cottage, which was constructed in 1936 of Florida cypress, inspired by the trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the Cape Cod style cottage is located on Lot 2. The lot also contains three outbuildings, one of which is a free-standing "tree house." The following are the most recent land use actions relating to the propertY: During its meeting on March 6, 2002, the Historic Preservation Board recommended approval of a modification of Ordinance 70-89, which applied the historic designation to the Fontaine Fox propertY. The applicant requested an amendment to the historic portion of the property and to designation to remove the designation from a extant historic structure. The Board accommodate four buildable lots to the west of the recommended to the City Commission approval with reduction of the requested configuration to three lots and the retention of the historic designation per Ordinance 70- 89. The amendment request was reviewed by the City Commission on March 19, 2002 and May 7, 2002. Second reading of the ordinance is pending. In 2001, the applicant constructed a free-standing "tree house" in front of the historic Fontaine Fox house. Due to the fact that a building permit is not typically required for the construction of a tree house, no permit or prior HPB approval was sought. However, the structure is more elaborate and detailed than a typical tree house being free- standing (similar to a guest cottage) and is therefore considered an outbuilding which requires Board approval. As such, the applicant is required to obtain a building permit and now seeks approval of a COA from the Board. 610 N. Ocean Boulevard, tree house Individually Listed Property Page 2 Project Description The applicant is seeking approval of a pro-existing "tree house" that was constructed last year. The "tree house" is currently located east of the historic main dwelling along the front fa(;;ade. The tree house is supported by four large wood posts and contains a wood staircase that leads from ground level to the main entrance. The free-standing structure measures 10'x12' and is approximately 28' high. The structure is built of frame construction with a wood shingle exterior intended to match the extant historic home and displays a gable roof with wood shakes, a balcony, electricity, plumbing and is connected to the main dwelling via a rope bridge. Dense landscaping includes sea grape trees which surround both the perimeter of the property and the structure. Analysis Development Standards LDR Section 4.5.1(E)(4), (E)(7), and (E)(8)(a-k) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable standards are as follows: A historic site, or building, structure, site, improvement, or appurtenance within a historic district shaft be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. (E)(7) The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of a non-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non-contributing building. Any material change in the exterior appearance if any existing non-contributing building, structure, or appurtenance in a designated historic district shaft be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. Aft improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: consistency in relation to materials, texture, and color of the facade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. Based on LDR Section 4.5.1 (E)(8)(a-k), the "tree house" must meet requirements in relation to height, proportion of the front fa(;ade, proportion to openings, rhythm of solids to voids, entrance and porch projections, relationship to materials, colors, and textures, 610 N. Ocean Boulevard, tree house Individually Listed Property Page 3 roof shapes, scale and orientation (see appendix A for a detailed list). Currently, the structure does display a continuity of design in relation to fabric, texture, color, roof shape, solids to voids, and massing. However, in order to ensure compatibility with the extant historic structure, the height, scale, orientation, and location must be re- evaluated. Delray Beach Design Guidelines Section IV. New Additions to Historic Buildings Locating the appendage [to a structure] at the rear or an inconspicuous side and limiting the size and scale in relationship to the existing structure is essential. If new additions such as balconies are being considered, they should be on non-character defining elevations. Additional levels should be set back from the existing structure wall plane, and be placed as not to radically alter the historic appearance of the building. Secretary of the Interior's Standards (Department of the Interior regulations, 36CFR Part 67~ Building Sites Non-significant buildings, additions, or site features should be removed which detract from the historic character of the site. The introduction of new construction onto the building site which is visually incompatible in terms of size, scale, design, materials, color, and texture or which destroys historic relationships on the site should be avoided. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. Comprehensive Plan Objective A-10-Housin_~ Element The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Policy A-10.1-Housing Element This objective will be implemented in accordance with standards and criteria of Section 4.5.1 of the land development Regulations, Historic Preservation Sites and Districts. 610 N. Ocean Boulevard, tree house Individually Listed Property Page 4 Objective C-l-Coastal Management Element The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic preservation Ordinance shall continue to be applied in the Coastal Management Planning Area. Conclusion As required by the development standards, the design of the "tree house" is in keeping with the Cape Cod style cottage of the extant historic dwelling with its natural frame construction with clapboard siding, gable roof, and modest detailing. However, the scale and size of the structure, as well as its location in front of the extant house, is out of character and obstructs a significant portion of the historic cottage. Although dense foliage and landscaping make it difficult to view the extant main dwelling and associated tree house from the right-of-way, the current location of the tree house is less than desirable. Further, the existing vegetation can be altered or removed in the future to make the additional structure more visible and the retention of the vegetation cannot be ensured in the future. Therefore, to ensure compliance with the Secretary of the Interior's Standards, the Delray Beach Design Guidelines, and Objective A-10, Policy A- 10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, the structure should be relocated from the east elevation, in front of the structure and the rope bridge should be removed altogether. The tree house should be razed or relocated to the far north or west side of the property ensuring that no architectural attributes of the front fa(;ade of the historic structure are in any way obscured. A. Continue with direction. Bo Approve 2002-164-COA-HPB for an accessory structure at 610 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7)& (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A- 10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards subject to conditions. Deny approval of 2002-164-COA-HPB for an accessory structure at 610 N. Ocean Blvd, the Fontaine Fox House, based on a failure to find positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7) & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C- 1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards with the basis stated. 610 N. Ocean Boulevard, tree house Individually Listed Property Page 5 Approve the COA for the tree house located on the property at 610 N. Ocean Boulevard based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7) & (E)(8)(a- k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards subject to the following condition: 1) Relocate the tree house from the east elevation of the front fa(;ade of the extant historic structure to the north side of the property, or to the west elevation, behind the historic dwelling. Attachments: Survey, Photos Report Prepared by: Wend¥ Shay, Historic Preservation Planner 0 7~ ~AMOND PROPERTY ('PLAT BOOK cz z_' ~= N 89'05" ='' z -339 TANK '#ALL IR'iN RaD .'--dm. z L~'3,1C R~'T~ NI~It, MIDIT r-,-,:_M :E~-CH SHORE .~LAT 500K 7, FAG1 E ~='07'09" 196.52'(M) ~: k R:\.ISED rOL.--,:. : ..... -" PALIvl BEACH S.---:= :3~ES (PLAT BOOK ? :--__- -:Ex LOT =, ~- -:" = BENCHM,"=.K ~ :E'_-: ,-Z TO :A_V, F__.EAC,~ COUNTf EENS.-'',== / '~ <. '' Ill OZ EXll~ltg Ae-Bei/I Orewl.~ for, McKInney Tree Ii:il,: TO: THRU: DAVID T. HARDEN, CITY MA~~:::~.~-/ . PAUL DORLING, DIRECTOR OF P~'~~D~IING FROM: ROBERT G. TEFFT, PLANNER SUBJECT: MEETING OF OCTOBER 1, 2002 **CONSENT AGENDA** APPROVAL OF ARCHITECTURAL ELEVATIONS FOR PANERA BREAD CAFe LOCATED WITHIN OLD HARBOR PLAZA (FORMERLY RED~ HOT~ AND BLUE RESTAURANT). The action requested of the City Commission is that of approval of an architectural elevation change for the proposed Panera Bread Cafb (formerly Red, Hot, and Blue restaurant), pursuant to Land Development Regulations (LDR) Section 4.6.18(B)(13). The subject development proposal involves a modification to the architectural elevations of the existing 4,186 square foot restaurant located on an outparcel within the Old Harbor Plaza shopping center. The outparcel is located at the southeast corner of South Federal Highway and Banyan Tree Lane (1701 South Federal Highway), which is zoned Planned Commercial (PC). At its meeting of October 8, 1997, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification consisting of the installation of a 582 square foot outdoor dining area, installation of a new entranceway, walk-up window and awnings along the north, east, and west elevations of the building. The improvements were installed and the building occupied by Red, Hot, and Blue restaurant until the business vacated the building in early 2002. A site plan modification application has been submitted for architectural elevations changes involving the following items: Construction of a new parapet wall along the entire west elevation and a portion of the north and south elevations in addition to the parapet which currently exists; · Addition of two (2) windows along the north elevation; · Replacement of the existing awnings with new shed-style awnings and a barrel-style awning over the main entrance; and, · Repainting the building with a new color scheme. Pursuant to LDR Section 4.6.18(B)(13), the proposed architectural elevation changes are now before the City Commission for action. Pursuant to LDR Section 4.4.12(F)(2), an outbuilding must be architecturally compatible with other structures in the shopping center. Architectural compatibility shall be determined pursuant to LDR Section 4.6.18. City Commission Documentation Approval of Architectural Elevations for Panera Bread Caf~ Page 2 of 3 Outbuildings and Shopping Centers: Pursuant to LDR Section 4.6.18(B)(13), outbuildings within a shopping center shall be compatible in terms of color, material, and architectural style and that the Site Plan Review and Appearance Board shall make a finding of such compatibility prior to approval of outbuilding elevations. If the Board determines that there is not compatibility with respect to any of the items, then it shall deny the elevations. However, if the Board feels, despite the incompatibility, the elevations should be approved they shall forward the elevations to the City Commission with a recommendation of approval and the City Commission shall take final action. Analysis: Pursuant to LDR Section 4.6.18(B)(14), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (a) The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The existing parapet walls will remain and a new parapet wall will be constructed along the entire west elevation of the outbuilding as well as a portion of the north and south elevations. The proposed parapet will be approximately 17'-6" in height, which is one foot (1') shorter than the existing parapet and will consist of a decorative parapet cap. This variation in parapet height will provide an interesting aesthetic quality to the proposed elevations. It is noted that the majority of the existing grey concrete tile roof will be eliminated with the installation of the new parapet walls; however a large portion of the tile roof will be retained along the east elevation. Additionally, is appears that the roof has weathered over time and the original light grey color has become more of a dark gray which is inconsistent with the remainder of the shopping center. Thus, it is attached as a condition of approval that the concrete tile roof is pressure washed in order to restore the roof to its original appearance. The existing red, white, and blue vertically striped gable-style canopies along the north, south, and west elevations will be replaced with new terra cotta, tan, and olive green vertically striped shed-style canopies and an olive green barrel-style canopy over the entrance on the west elevation. The two (2) existing canopies along the east elevation are proposed to be eliminated and not replaced. The provision of these canopies was a condition of the previous Red, Hot & Blue approval as this elevation is the service area for the restaurant and faces the storefronts of other businesses within the shopping center. These canopies should not be eliminated; instead it is attached as a condition of approval that they are replaced with new canopies to match those proposed along the balance of the building. In addition, new decorative light fixtures are proposed to be installed above the proposed awning on the north and south elevations. The fixtures will serve to provide accent and security lighting along the subject elevations. City Commission Documentation Approval of Architectural Elevations for Panera Bread Cafb Page 3 of 3 Two (2) new windows are proposed beneath the proposed canopy on the north elevation. The new windows will flank the existing window along this elevation which will be retained. A new brick sill is proposed beneath the existing window along this elevation and the existing windows along the south elevation. The sill will be consistent with the existing brick material found at the entrance and dining area along the west elevation. The outbuilding is currently painted salmon with blue accents and is generally in keeping with the design and color of the shopping plaza. The proposed color scheme for Panera Bread Caf6 will consist of tan and olive green. The walls will be painted tan while the fascia, parapet cap, and dumpster enclosure gates will be painted olive green. As proposed, the subject outbuilding will be incompatible with the existing shopping center with respect to design and color. However, the proposed architectural elevations of the outbuilding provide a more aesthetically appealing product over the existing shopping center. Further, the proposed elevations could become a starting point for the redevelopment of the existing shopping center, where the center would be modified to be consistent with the superior outbuilding elevations. At its meeting of September 11, 2002, the Site Plan Review and Appearance Board (SPRAB) voted 6-0 (Eliopoulos absent) to recommend to the City Commission approval of the architectural elevations, based upon positive findings with respect to LDR Section 4.6.18(B)(13), that although the architectural style and color differs from that of the shopping center, the building will be complimentary to the overall shopping center and the surrounding area, subject to the following conditions: · That the canopies along the east elevation are replaced with new canopies consistent with those proposed along the balance of the building; and, · That the concrete tile roof is pressure washed in order to restore the roof to its original appearance. By motion, approve the architectural elevations for Panera Bread Cafb, subject to the findings and conditions of approval as recommended by the Site Plan Review and Appearance Board. Attachments: o Proposed Elevations AVMHE)IH "lV~l':lC],,Id 'S 1,0Zl, VZV3d blOE]EIVH NI.~N !~;~6E:# '-I-.IVO C]V~II:IE] V'd~NVd U.I LU U.I TO: THRU: FROM: SUBJECT: DAVID T. HARDE.N, C~ANAGER ~~RECTOR OF PLANNING & ZONING SC~~O~ A~ARKING MANAGEMENT SPECIALIST MEETING OF OCTOBER 1, 2002 - REGULAR AGENDA REVIEW A REQUEST FROM VILLAGE WALK FOR THE PURCHASE OF THREE (3) IN-LIEU PARKING SPACES Village Walk is a proposed ten !10) unit townhome development to be located on the th st th east side of NE 4 Avenue, 153 south of NE 1 Street (65 NE 4 Avenue). Pursuant to Land Development Regulations (LDR) Section 4.4.13(G)(1)(e) the development requires the provision of twenty three (23) on site parking spaces, The proposed site plan provides twenty (20) on site parking spaces. The applicant is requesting the purchase of three (3) in-lieu parking spaces at a cost of twelve thousand dollars ($12,000) each, totaling thirty six thousand dollars ($36,000), to be paid in full at the time of submission of a building permit application. NE 4th Avenue currently has on-street parking and this development proposal will not provide any additional on-street parking. Given this factor the applicant will be unable to seek reimbursement for the creation of public parking in the adjacent right-of-way. The development provides all parking within two-car garages for each unit. The shortage will be for the associated guest spaces. The proposed site is across the street from Railroad Lot (the lot behind Hands). Since the lot has a capacity of 177 parking spaces with both 2 and 8 hour parking zones, it can accommodate the parking needs of guests to the development. The Parking Management Advisory Board at their meeting of September 24, 2002 unanimously recommended approval of the applicant's request. By motion, approve the request for Village Walk for the purchase of three (3) in-lieu parking spaces in the amount of thirty six thousand dollars ($36,000) TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT JANET MEEKS, EDUCATION COORDINATOR MEETING OF OCTOBER 15, 2002 CONSIDERATION OF STUDENT CAPACITY AT THE NEW ATLANTIC HIGH SCHOOL At a recent Palm Beach County School Board meeting, there was a discussion regarding the capacity for the new Atlantic High School and the appropriateness of a 2,000 student station school versus 2,500. School Board staff has indicated its support of the 2,500 seat capacity based on projected demographics for the school. The additional capacity would also allow the establishment of three new career academies (i.e. Retail/Finance/Business; Construction; and Criminal Justice). In response to this discussion, District Staff has ordered the Education Specifications for the school which will set its educational programs as well as provide the architect with direction for space planning. District Staff has also indicated that they would like to present this information to the School Board at their November Board meeting with a recommendation that Atlantic High School be the first prototype for the concept of a "school with in a school". At its meeting of September 23, 2002, the Education Board discussed the issue regarding capacity at the new high school and unanimously recommends to the City Commission that they support the school with 2,500 student stations. They indicated that the additional capacity was necessary to ensure that the school would not open with an overcrowded condition and that it would provide additional seats for Delray Beach students. In addition, they embraced the "school within a school" concept. By Motion, forward a statement to Palm Beach County School Board that the City of Delray Beach supports 2,500 student stations for Atlantic High school, which in turn will allow for the establishment of new career academies and provide additional capacity for Delray Beach Students along with a statement supporting the "School within a School" concept for the high school. Date: September 26, 2002 Agenda Item No. 0~ AGENDA REQUEST Agenda request to be placed on: Regular __ Special __ Workshop X Consent When: October 1, 2002 Description of Agenda Item: Consideration of Student Capacity at the New Atlantic High School Ordinance/Resolution Required: Yes ! No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~ City_ Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure 9f funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approvedforagenda:~'/No~l~'I Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved Reply to: c~ 33 NE 4t~ Avenue Deiray Beach, FI 33483 (561) 279-1616 t~ 402 South Monroe Street 1302 The Capitol Tallahassee, Florida 32399-1300 (850) 488-2234 TO: Delray City Commission FROM: Rep. William Andrews DATE: October 1, 2002 RE: Item 9E Florida House of Representatives William F. Andrews Representative, 87t~ District Committees: Workforee & Technical Skills, Cl~r Transportation & Economic Development, Vice Chair Transportation House Redistricting Council for Lifelong Learning Since no testimony will be taken tonight regarding item 9E, on the Regular Agenda, I am submitting this letter to express my concerns on the liability you may be putting the city into regarding the 2500 student population for the proposed new Atlantic High School. Each of you have been made well aware many times over about the issues regarding small schools versus large schools when it comes to school safety and student grade performance. You are also aware that the Florida Legislature was so concerned about the safety of students after the Columbine shootings, that they mandated that all high schools being designed after July 1, 2003 must have a total population of no more than 900 students. Since you are encouraging the school board to build a large school through formal actions, I believe you are therefore taking on the responsibility for the first line of defense against any potential tragedy that can be partially or fully attributed to the larger population of the campus. In addition, if the school does not achieve a higher or at the very least an equal grade performance of its student body to smaller schools, I believe a class action suit by a majority of parents is a distinct possibility. The damages are easily computed based on decades of information of the level of scholastic achievement and the earning power of those students over the course of their lifetime. ~ In a survey that I conducted, over seventy per cent of the respondents supported two smaller high schools on the Seacrest property. Not a school within a school that you are supporting, but SMA! J.ER SCHOOLS! It has been noted by some staff members of the Palm Beach County School District that if the attendance is truly limited to Delray students as much as feasibly possible, that the International Baccalaureate program will be moved. This may not happen immediately, but the likelihood of such a move most certainly will soon be raised, and this is something local taxpayers are vehemently opposed to. Cc: Dave Harden Susan Ruby Paul Dorling Lulu Butler MEMO,RANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~'~(~jZ2 AGENDA ITEM# t~ . REGULAR MEETING OF OCTOBER 1, 2002 CONTRACT AWARD/CHAZ EQUIPMENT, INC. SEPTEMBER 27, 2002 This is before the City Commission to approve a contract award to Chaz Equipment, Inc. at an estimated annual cost of $50,000.00 for sanitary sewer manhole interior rehabilitation. Funding is available from 442-5178-536-61.84 (Manhole Rehabilitation). Recommend approval of the contract award to Chaz Equipment, Inc. for sanitary sewer manhole interior rehabilitation. S:\C~ty Clerk\chevelle folder\agenda memos\Contract Award Chaz Eqmpment. 10 01.02 MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Sa<~'~ance Director September 24, 2002 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING OCTOBER 01, 2000 - BID AWARD SANITARY SEWER MANHOLE INTERIOR REHABILITATION Item Before Commission: City Commission is requested to approve bid award to Chaz Equipment Inc. for an annual contract for Sanitary Sewer Manhole Interior Rehabilitation at an estimated annual cost of $50,000. Background: Environmental Services is in need of an annual contract 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 monolithic fiber-reinforced structural/structurally enhanced pure calcium aluminate cemetitious liner to the wall, ceiling and bench surfaces of concrete, brick or any other masonry construction material. Bids were received from seven (7) vendors all in accordance with Purchasing Policies and Procedures. Bid #2002-37 on file in the Purchasing Office. A tabulation of bids is attached for your review. The Deputy Director of Public Utilities recommends award to Chaz Equipment Co. Inc. based product application, experience and unit prices. See attached memo dated 09/17/02. Recommendation: Purchasing staff recommends award to Chaz Equipment Co. Inc. for the annual contract for Sanitary Sewer Manhole Interior Rehabilitation for an estimated annual cost of $50,000. Funding from account code 442-5178-536-61.84. Attachments: Memo From Deputy Director Public Utilities Tabulation of Bids City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: Jackie Rooney Senior Buyer C. Danvers Beatty, P.E.~/~~ Deputy Director of Publ'LoRJtilities SliP 19 200Z DATE: September 17, 2002 SUBJECT: Sanitary Sewer Manhole Interior Rehabilitation As requested we have reviewed the bids for the subject project. Seven bids were received on August 27, 2002. Four of the bids received were either non-responsive or did not meet the minimum qualifications of the bid. The three remaining bids were evaluated based on product application, experience and unit prices. Based on our evaluation we are recommending award of the annual contract to Chaz Equipment Co., Inc. Chaz Equipment Co., Inc. has successfully performed numerous projects in the City of Delray Beach and has provided prompt service. While some unit prices in their bid are higher than those of other bids, unit prices on items such as mobilization and bypass pumping are considerably lower. The proposal from Chaz Equipment will provide the best service and value to the City of Delray Beach. Funding for this contract is available from Account # 442-5178-536-61.84, Manhole Rehabilitation. Please place this item on the October 1, 2002 City Commission meeting for approval. If you have any questions please do not hesitate to call. CDB/pd CC: Richard C. Hasko, P.E., Director of Environmental Services Scott Solomon, Water & Sewer Network Manager U'\wwdatahMemoLPurchas~ng\Samtary Sewer Manhole 091702 doc _. ~ t~ 0 = ~ ~ ~' ~ ' 0 ' ~= --'0 ~ ~ ~ ~ ~ ~ ~ 0 ~ 0 0 ~ ~ ~ ~ 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ o ~ o o o o o o o o o ~ o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ o o o o ~ ~ ~ ~ o o ~ ~ ~ o o 0 00 0 0 0 o o o 0 ~ ~ ~ ~ ~ 0 0 o 0 0 0 0 o 0 o o ~ o o 0 0 0 0 o o 0 0 0 0 0 o o ~ o o 0 o o ~ ~ 0 0 o ~ 0 0 0 0 ~ ~ ~ ~ 0 o o o 0 o o o o o ~ ~ ~ ~ ~ o ~ o 0 0 o o 0 o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o o ~ ~ o o ~ o o o o o 0 0 0 0 0 ~ ~ ~ ~ 0 0 0 ~ ~ ~ ~ ~ ~ ~ 0 ~ o ~ ~ ~ o o o o ~ = ~ ~ - ~ o . ~ o o ~ ~ ~ . ~ ~ ~ o ~ o ~o ~ ~ o o o o o 0 0 0 0 o o 0 0 o o o o o o o o 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 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 0 0 0 0 0 ~0 0 0 0 0 0 0 0 0 0 0 0 m m m <~ ~ ooo ooo ooo 8~8 oo ~o o o 000 0 000 000 000 000 0 0 000 0 000 000 000 000 0 0 ooo ~ ooo ooo ooo ooo o o 000 0 00 0 000 000 000 0 0~j 0 0 O0 000 000 0 0 0 0 0 0 ~ 0 000 0 0 888 o° 8°°oo 888 8°°oo 8 o° o'° o ~ ooo ooo ooo ooo ~ o ooo o ooo ooo ooo ooo o o o, 00 0 0 000 000 000 000 0 0 0 ooo ~ ooo ooo o o ooo o o ooo o~ o o o ~ o 000 ~ 0 O0 0 0~0 000 000 ~0 0 ~ 0 ooo o ooo ooo ooo ooo o o o O0 0 0 000 000 000 000 0 0 0 ITl Z AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: October 01, 2002 Date: September 24, 2002 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Approve bid award for an annual contract to Chaz Equipment Inc. for Sanitary Sewer Manhole Interior Rehabilitation at an estimated annual cost of $50,000. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve award to Chaz Equipment Inc. for an annual contract for Sanitary Sewer Manhole Interior Rehabilitation at an estimated annual cost of $50,000. Funding from account code 442-5178-536- 61.84. Department Head Signature:~~ .-- ~~) Determination of Consistency '~l~Comprehensive Plan: ~ City Attorney Review/Recommendation (if applicable): Budget Oirector ReviewT~e~r~~ on all items involving expenditure of funds): Funding available: Yes L~~:F No Funding alternatives: Account Number: Account Description: Account Balance: (if applicable) City Manager Review: Approved for agenda:~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING - OCTOBER 1~ 2002 6:00 P.M. - COMMISSIO~ CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS: PRESENTATIONS: D. News Channel 5 Video (Bad Boys II) - Chuck Elder, Palm Beach County Film Commission E. Planning and Zoning Department Award Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~5¢fl4~ t% AGENDA ITEM # ~ ~' - REGULAR MEETING OF OCTOBER 1, 2002 BID AWARD FOR AUTOMOTIVE PARTS ANNUAL CONTRACT SEPTEMBER 27, 2002 This is before the Commission to consider approval of a bid award in the estimated annual amount of $60,000.00 to various vendors for the purchase of automotive parts. Where the bid is not recommended to go to the low bidder, the reason is stated in the "Comments" column of the awarded vendor list. Funding is available from various depaxunental budgets. Recommend approval of the bid award for automotive parts to various vendors in the estimated annual amount of $60,000.00. S:\C:ty Clerk\chevelle folder\agenda memos\badaward.10.01 02 MEMORANDUM TO: FROM: THROUGH: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor ~ Robert Barcinski, Assistant City Manager DATE: September 27, 2002 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 01, 2002 - BID AWARD - BID #2002-29 AUTOMOTIVE PARTS - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve multiple awards to low responsive bidder(s) listed below for the purchase of automotive parts stocked in the Purchasing Warehouse, at an estimated annual cost of $60,000. Background: Bids were received on July 11, 2002, from twelve (12) vendors all in accordance with City's purchasing procedures. (Bid #2002-29 on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Fleet Maintenance Superintendent and Purchasing Division have reviewed the bids received and recommend award to low bidders listed below and as highlighted on the attached tab sheets and attached item breakdown. In addition, the vendors have submitted a % discount off similar items not inventoried in the warehouse. Recommended Vendors: Delray Lincoln Mercury Genuine Parts Co. d/b/a Napa Auto Parts Palm Beach Lincoln Mercury Parts Depot, Inc. d/b/a A to Z Auto Parts Freightliner Trucks of South Florida Fleet Parts Law Enforcement Supply Co. Inc. Total Truck Parts, Inc. Vehicle Maintenance Program W.W. Grainger Recommendation: Staff recommends multiple awards to vendors as stated above at an estimated annual cost of $60,000. Funding from various departments operating budgets. Attachments: Tabulation of Bids Memo From Fleet Maintenance Superintendent Auto Parts Award Breakdown Per Item ITEM # DESCRIPTION AUTOMOTIVE PARTS - ANNUAL CONTRACT BID #2002-29 DELRAY BEACH REQUIREMENTS AWARDED UNIT VENDOR PRICE COMMENTS 1. A/C FREON 30 LB. CYL. #R12 2. A/C FREON 30 LB. CYL. #134A o STROBE LIGHT STAR 250ADH12A STROBE LIGHT BULB STAR #129 MIRROR REPAIR KIT LOCTITE #11067-2 BACK-UP ALARM ECCO #SA917 BELT ALL SYSTEM 6 GROOVE ,98 CROWN VIC 4.6L #5060985 BELT ALL-SYSTEM 97-99 CROWN VIC 4.6L #5060975 BELT ALL SYSTEM 2000 4.6 FORD INTERCEPTOR JK6-922A PARTS DEPOT INC. D/B/A- A TO Z AUTO PARTS GENUINE PARTS/ NAPA AUTO LAW ENFORCEMENT SUPPLY CO. INC. LAW ENFORCEMENT SUPPLY CO. INC. PARTS DEPOT INC. D/B/A -A TO Z AUTO PARTS FREIGHTLINER TRUCKS OF SOUTH FLORIDA PARTS DEPOT INC. D/B/A- A TO Z AUTO PARTS PARTS DEPOT INC. D/B/A- A TO Z AUTO PARTS DELRAY LINCOLN MERCURY $690.00 EA. $68.95 EA. $103.45 EA. $18.19 EA. $1.44 EA. $23.90 EA. $14.84 EA. $13.22 EA. $15.93 EA. LOW BIDDER. LOW BIDDER LOW BDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER TIE BID WITH PALM BEACH LINCOLN, DELRAY LINCOLN LOCAL VENDOR 10. 11. 12. 13. 14. 15. 16. 17. 18. F. BRAKE PADS 97 CROWN VIC #F6AZ2001CA, OEM NO SUBSTITUTES PALM BEACH LINCOLN MERCURY $53.44 EA. F. BRAKE PADS 98-00 CROWN VIC #YW7Z2001- AA - NO SUBSTITUTES OEM PARTS PALM BEACH LINCOLN MERCURY $52.48 EA. R. BRAKE PADS 97-00 CROWN VIC #2W1Z2200BA - OEM NO SUBSTITUTES DELRAY LINCOLN MERCURY $68.43 EA. F. BRAKE ROTOR 97 CROWN VIC #F5AZ 1125CA OEM NO SUBSTITUTES F. BRAKE ROTOR 96-00 CROWN VIC YW7Z2C026AA OEM NO SUBSTITUTES FRONT BRAKE ROTOR 98-00 CROWN VIC F8VZ1125AA OEM NO SUBSTITUTES F. BRAKE PADS 97 TAURUS CARBON METALIC SX601 F BRAKE PADS 97 TAURUS PD601 JUMPER CABLE 12' 6 GAUGE PALM BEACH LINCOLN MERCURY $49.98 SET PALM BEACH LINCOLN MERCURY $62.94 SET PALM BEACH LINCOLN MERCURY $80.79 SET PARTS DEPOT $20.32 EA. INC. D/B/A - A TO Z AUTO PARTS GENUINE PARTS CO. D/B/A - NAPA AUTO $14.95 EA. LOW BIDDERS A TO Z AND FLEET PARTS BID ON ITEMS NOT EQUAL LOW BIDDERS A TO Z AND FLEET PARTS BID ON ITEMS NOT EQUAL PALM BEACH LINCOLN MERCURY BID ON PARTS NOT EQUAL LOW BIDDER OEM PARTS LOW BDDER OEM PARTS LOW BIDDER OEM PARTS NO AWARD SPEC~ICATIONS INCORRECT LOW BIDDER LOW BIDDER A TO Z BID ON A 10 GAUGE CABLE 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. BATTERY CHARGER SOLAR 560/SCHUM- ACHER SE4020 MUST HAVE TIME DIAL THERMOSTAT 92-00 CROWN VIC 4.6L THERMOSTAT O-RING 92-00 CROWN VIC 4.6L FEL-PRO 35489 FLASHER HEAVY DUTY 2 PRONG EL12 #44810 FLASHER, UNIT WIG-WAG HEADLIGHT POLICE UNITROL # 131 LIGHT BULB BAR POLICE #795 LIGHT BULB #1157 LIGHT BULB #3157 LIGHT BULB #1156 HANDLE SPOTLIGHT POLICE UTILITY #6701-0001 GENUINE PARTS CO. D/B/A- NAPA AUTO PARTS DEPOT INC. D/B/A - A TO Z AUTO DELRAY LINCOLN MERCURY VEHICLE MAINTENANCE PROGRAM LAW ENFORCEMENT SUPPLY CO. INC. VEHICLE MAINTENANCE PROGRAM VEHICLE MAINTENANCE PROGRAM VEHICLE MAINTENANCE PROGRAM VEHICLE MAINTENANCE PROGRAM PARTS DEPOT INC. D/B/A- A TO Z AUTO $101.03 EA. $5.08 EA. $1.67 EA. $4.29 EA. $36.30 EA. $2.90 EA. $.15 EA. $.38 EA. $.17 EA. $16.95 EA. LOW BIDDER LOW BIDDER LOW BIDDER - (NAPA) BID A PART # THAT'S NOT EQUAL LOW BIDDER - (A TO Z) BID A PART # THAT'S NOT EQUAL LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. CIRCUIT BREAKER 2 POST 54-230 AIR FILTER 92-95 TAURUS, AERO-STAR 46126/CA 5058 AIR FILTER 92 TEMPO, 97 TAURUS 46051/CA7365 AIR FILTER 92-00 CROWN VIC 46134/CA 5056 AIR FILTER 92 F350 462551/CA3501 FUEL FILTER 90 SIERRA 5L CAVALIER 33481/C3727 FUEL FILTER 92 F250 FL G3850 FRAM NO SUBSTITIUTES OIL FILTER 97 CHEVY 1500 SIERRA 4.3L 51036/PH3535 OIL FILTER ESCORT 89,92,93, 97-01 TAURUS 51516/PH 3600 OIL FILTER FORD 98 EXPLORER 51515/PH 8A PARTS DEPOT INC. D/B/A- A TO Z AUTO PARTS DEPOT /NC. D/B/A- A TO Z AUTO TOTAL TRUCK PARTS, INC. PARTS DEPOT INC. D/B/A - A TO Z AUTO PARTS DEPOT INC. D/B/A- A TO Z AUTO PARTS DEPOT INC. D/B/A - A TO Z AUTO TOTAL TRUCK PARTS, INC. TOTAL TRUCK PARTS, INC. PARTS DEPOT INC. D/B/A- A TO Z AUTO PARTS DEPOT INC. D/B/A - A TO Z AUTO $1.99 EA. $2.23 EA. $2.48 EA. $2.25 EA. $4.62 EA. $4.07 EA. $3.54 EA. $1.77 EA. $2.02 EA. $1.89 EA. LOW BIDDER LOW BDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER (NAPA) BID ON PARTS NOT EQUAL LOW BIDDER (NAPA) ~ID ON PARTS NOT EQUAL LOW BIDDER (NAPA) BID ON PARTS NOT EQUAL 39. 40. 41. 42. 43. 45. 46. 47. 48. OIL FILTER GMC 90 SIERRA 51061/PH 13 OIL FILTER 91-00 S 10 95 CAVALIER 51040/PH 3387A OIL FILTER 92-00 CROWN VIC, CNG 51372/PH 2 OIL FILTER 91-00 INTERNATIONAL 4700 51742/PH 3766 OIL FILTER JOHN DEERE 51243/PH20 OIL FILTER, DIESEL TURBO 95 CHEVY 2500 51060/PH5 OIL FILTER, 98, 00, 01 DODGE RAM V6-V8 51085 OIL FILTER DODGE RAM, 2500 V10 488 8L 51452 FD - AIR FILTER AIR COMPRESSOR 42714 FD- FUEL FILTER 88 GMC TOPKICK 33352 PARTS DEPOT INC. D/B/A - A TO Z AUTO PARTS DEPOT INC. D/B/A - A TO Z AUTO PARTS DEPOT INC. D/B/A- A TO Z AUTO PARTS DEPOT INC. D/B/A A TO Z AUTO PARTS DEPOT INC. D/B/A A TO Z AUTO PARTS DEPOT INC. D/B/A A TO Z AUTO PARTS DEPOT INC. D/B/A A TO Z AUTO VEHICLE MAINT. PROGRAM PARTS DEPOT INC. D/B/A A TO Z AUTO PARTS DEPOT INC. D/B/A A TO Z AUTO $2.02 EA. $2.02 EA. $2.14 EA. $3.69 EA. $1.87 EA. $2.02 EA. $2.07 EA. $2.29 EA. $1.72 EA. $2.47 EA. LOW BIDDER LOW BIDDER (NAPA) BID ON PARTS NOT EQUAL LOW BIDDER (NAPA) BID ON PARTS NOT EQUAL TIE BID WITH VEHICLE MAINT. A TO Z LOCAL VENDOR LOW BIDDER LOW BIDDER LOW BIDDER ONAPA) BID ON PARTS NOT EQUAL LOW BIDDER LOW BIDDER LOW BIDDER 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. IDLER ARM 93-00 CROWN VIC 1W1Z3355AA OEM NO SUBSTITUTES PALM BEACH LINCOLN MERCURY SPARK PLUGS FOR TRUCK 5.8L ASF42C SEALBEAM HALOGEN H4656 PARTS DEPOT INC. D/B/A A TO Z AUTO VEHICLE MAINT. PROGRAM SEALBEAM HALOGEN H6054 VEHICLE MAINT. PROGRAM SEALBEAM 4416 VEHICLE MAINT. PROGRAM SEALBEAM 4435 VEHICLE MAINT. PROGRAM HEADLIGHT BULB ASSEMBLY 91-92 TAURUS 9007 VEHICLE MAINT. PROGRAM HEADLIGHT BULB ASSEMBLY CROWN VIC 9006 TOTAL TRUCK PARTS INC. FIX-A-FLAT TIRE REPAIR MASTER TT- 16 GENUINE PARTS CO. D/B/A NAPA AUTO TRANSMISSION SVC. KIT 97 TAURUS 58815 TOTAL TRUCK PARTS INC. TRANSMISSION FILTER 97-00 CROWN VIC, 4.6L FT 105 - OEM NO SUBSTITUTES PARTS DEPOT INC. D/B/A A TO Z AUTO TRANSMISSION GASKET PALM BEACH 97-00 CROWN VIC 4.6L LINCOLN F2VY7A191A - OEM MERCURY NO SUBSTITUTES $18.99 EA. $.89 EA. $3.O9 EA. $4.49 EA. $3.07 EA. $5.59 EA. $3.49 EA. $3.44 EA. $2.79 EA. $6.95 EA. $10.00 EA. $9.39 EA. LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER 61. 62. 63. 64. 65. 66. 67. 68. 69. WIPER ASSEMBLY JIMMY RDB16 ANCO NO SUBSTITUTES WIPER ASSEMBLY TEMPO, TAURUS RDB20A - ANCO NO SUBSTITUTES WIPER ASSEMBLY RDB 18 - ANCO NO SUBSTITUTES WIPER ASSEMBLY 91 TAURUS, 94 JIMMY 31-19 ANCO NO SUBSTITUTES WIPER ASSEMBLY 94 CAPRICE, 92,93 CROWN VIC #RDB22A ANNCO NO SUBSTITUTES WIPER ASSEMBLY 97-99 CROWN VIC 31-22, ANNCO NO SUBSTITUTES WIPER ASSEMBLY 92,93 TAURUS 90-20/91-20, ANNCO NO SUBSTITUTES WIPER ASSEMBLY 97 TAURUS 31-24 ANNCO NO SUBSTITUTES WIPER ASSEMBLY TAURUS RDB24 VEHICLE MAINTENANCE PROGRAM PARTS DEPOT INC. D/B/A A TO Z AUTO PARTS DEPOT INC. D/B/A A TO Z AUTO PARTS DEPOT INC. D/BA A TO Z AUTO VEHICLE MAINTENANCE PROGRAM VEHICLE MAINTENANCE PROGRAM PARTS DEPOT INC. D/B/A A TO Z AUTO VEHICLE MAINTENACE PROGRAM VEHICLE MAINTENANCE PROGRAM $1.79 EA. $1.70 EA. $1.70 EA. $2.85 EA. $1.92 EA. $4.01 EA. $5.69 EA. $4.23 EA. $2.06 EA. LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER (NAPA) NOT EQUAL PART # TIE BID A TO Z AND VEHICLE MAINT. - A TO Z LOCAL VENDOR LOW BIDDER (NAPA) NOT EQUAL PART # LOW BIDDER 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. RADIATOR COOLANT ANTIFREEZE GALLON PARTS DEPOT INC. D/B/A A TO Z AUTO $3.99 EA. RADIATOR COOOLANT DEXCOOL (RED) GENUINE PARTS CO. D/B/A NAPA AUTO PARTS $7.99 EA. BLUE SILICON GASKET MAKER, MASTER 6-1 3 OZ. PARTS DEPOT $1.00 EA. INC. D/B/A A TO Z AUTO PARTS BATTERY CLEANER SPRAY CRC 5023 11 OZ. TOTAL TRUCK PARTS INC. $1.32 EA. BRAKE PARTS CLEANER TOTAL TRUCK SPRAY CRC 05089 PARTS INC. 19 OZ. -NO SUBSTITUTES $1.08 EA. CARBURETOR CLEANER SPRAY, ROCKHILL 1736- 13 OZ. PARTS DEPOT $1.15 EA. INC. D/B/A A TO Z AUTO PARTS TRANSMISSION FLUID QT., DEXRON III, MERCON NO SUBSTITUTES PARTS DEPOT INC. D/B/A A TO Z AUTO PARTS $.95 EA. TRANSMISSION FLUID MERCON V (XTSQM) NO SUBSTITUTES SILICONE SEALANT CLEAR, MASTER 9-1 3 OZ. PARTS DEPOT $1.50 EA. INC. D/B/A A TO Z AUTO PARTS SILICONE SEALANT CLEAR SPRAY, GUNK M9-14- 11 OZ. NO SUBSTITUTES TOTAL TRUCK PARTS INC. $1.25 EA. STARTING FLUID GUNK M38-15 - 11 OZ. TOTAL TRUCK PARTS INC. $1.07 EA. LOW BIDDER (NAPA) NOT EQUAL PART # LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER LOW BIDDER NO AWARD- SPECIFICATIONS NOT CORRECT LOW BIDDER LOW BIDDER LOW BIDDER 81. WEATHERSTRIP ADHESWE MASTER 8 5 OZ. PARTS DEPOT $1.99 EA. [NC D/B/A MAS 8 A TO Z AUTO PARTS LOW BIDDER 82. WINDSHIELD WASHER SOLVENT GALLON PARTS DEPOT $.78 EA. INC. D/B/A A TO Z AUTO PARTS LOW BIDDER 83. BRAKE FLUID QT. ROCKHILL 15-032 PARTS DEPOT $1.99 EA. INC. D/B/A A TO Z AUTO PARTS LOW BIDDER 84. POWER STEERING FLUID QT. SIZE ROCKHILL 15-953 FLEETPARTS $1.40 EA. LOW BIDDER 85. GREASE CARTRIDGE VALVOLINE 615 14 OZ. PARTS DEPOT $1.39 EA. INC D/B/A A TO Z AUTO PARTS LOW BIDDER 86. GREASE WHITE LITHIUM SPRAY GUNK L6-14 -10.25 OZ. PARTS DEPOT $1.85 EA. [NC D/B/A A TO Z AUTO PARTS LOW BIDDER 87. VALVOLINE 15W40 NO SUBSTITUTES FLEETPARTS $1.50 EA. LOW BIDDER (NAPA) NOT EQUAL PART # 88. VALVOLINE 10W40 NO SUBSTITUTES FLEETPARTS $1.59 EA. LOW BIDDER (NAPA) NOT EQUAL PART # 89. VALVOLENE 5W30 NO SUBSTITUTES FLEETPARTS $1.59 EA. LOW BIDDER (NAPA) NOT EQUAL PART # 90. LUBRICANT SPRAY CRC POWER LUBE 05005 9 OZ. NO SUBSTITUTES TOTAL TRUCK PARTS INC. $1.40 EA. LOW BIDDER 91. OIL DRY 40 LB. BAG TOTAL TRUCK PARTS [NC. $2.75 EA. LOW BIDDER 92. 93. 94. 95. HAND CLEANER GO-JO 4.5 LB CAN NO SUBSTITUTES PAINT GLOSS BLACK RUST-OLEUM 2179 15 OZ. NO SUBSTITUTES PAINT GLOSS PRIMER RUST-OLEUM 2182 15 OZ. NO SUBSTITUTES DUCT TAPE 2" X 60 YDS., 3M PN6975 CLOTH W.W. GRAINGER W.W. GRAINGER W.W. GRA1NER VEHICLE MAINTENACE PROGRAM $6.03 EA. $3.99 EA. $3.99 EA. $2.41 EA. LOW BIDDER LOW BIDDERS (FLEETPARTS & NAPA) BID A SUBSTITUTE ITEM) LOW BIDDERS (FLEETPARTS & NAPA) BID A SUBSTITUTE ITEM LOW BIDDER o 0 0 AGENDA REQUEST Request to be placed on: October 01, 2002 Date: September 27, 2002 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Bid award - Bid #2002-29 - Automotive Parts Annual Contract. Award to various vendors at an estimated annual cost of $60,000. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve award to various vendors for the purchase of automotive parts which are stocked in the Purchasing Warehouse at an estimated annual cost of $60,000. Funding from various departments operating budget (Year 2002-2003) Department Head Signature: ~ ~/~O ~' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes v// No Funding alternatives: Account Number: Account Description: (if applicable) Account Balance: City Manager Review: Approved for agenda'~ Hold Until: Agenda Coordinator Review: No Received: Action: Approved Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 1, 2002 GRANT REQUEST/ATLANTIC GROVE REDEVELOPMENT PROJECT SEPTEMBER 27, 2002 This is before the City Commission to consider a request for waiver of building permit fees in the amount of $150,000.00 from the Delray Community Development Corporation (CDC) and the Center for Technology, Enterprise and Development, Inc. (TED Center) regarding the Atlantic Grove Redevelopment Project. Bear in mind that Atlantic Grove was selected as the best of several responses to the Request for Proposal (RFP). In my opinion, to give the nonprofit partners $150,000.00 at this point, whether in the form of cash or a credit, is granting them $150,000.00 in City funds which was not offered to the other proposers. It is reducing the amount of money they agreed to bring to the project in their initial proposal. To accept this proposal would be unfair to the other entities which submitted responses to the RFP. Furthermore, if we put money into a redevdopment project, it should be one which offers more affordable housing than this one. It is my understanding that the for-profit parmers are prepared to go forward with the project without this $150,000.00. I see no reason why the City should use public funds to enable the nonprofits to maintain their equity position. Recommend that the request from Delray CDC and the TED Center for a $150,000.00 waiver of permit fees be denied. S:\C~ty Cierk\chevelle folder\agenda memos\ Grant Request. Atlannc Grove. 10.1 02 Menlo To: From: Date: Re: David Harden, City Manager Lula Butler, Director, Community Improvement ~,~ September 27, 2002 Atlantic Grove Redevelopment Project - Grant Request ITEM BEFORE THE COMMISSION: Consideration of a request from the Delray Community Development Corporation (CDC) and the Center for Technology, Enterprise and Development Inc. (TED Center) for a grant in the amount of $150,000 to cover their equity cash shortfall required at dosing for the acquisition of the 4.3 acres designated for the Atlantic Grove Project. The closing is scheduled for October 8. ,~ '~"~ BACKGROUND: A,,~_ ~ 15{), 000, 00. The City Commission authorized the submission of a $1.5 million dollar application to the Department of Housing & Urban Development (HUD) under the Section 108 Loan Guarantee Program, plus a $300,000 request under the competitive Economic Development Initiative Program, in support of the Atlantic Grove Mixed Use Development Project. The Commission supported the development team's position that these public dollars were necessary to ensure affordable rental rates for the commercial and office space. They identified the Dixie Highway corridor as one of the areas this project would be competing with for tenants. The City, with technical assistance from a contracted consultant, submitted the EDI application on July 6, 2001 and received formal approval of the grant award from HUD on September 28, 2001. The approval of the EDI grant was conditioned on the successful submission and award of a loan under the Section 108 Program. The required application was submitted to the Miami Area Office on August 27, 2001 and subsequently forwarded to the Washington DC office by our area representative for formal consideration in April 2002. The Section 108 funds are proposed to be used to cover the cost of the land acquisition. The EDI dollars will be used to cover the interest and other costs associated with the repayment requirements of the loan. In the interim, the development team changed some of the components of the project, opting to structure the commercial component as for-sale condominiums versus rental. The application to HUD was amended to incorporate these changes. The project, as you know, is selling at market rate, which is further documented under the attached summary provided by LISC, Inc. Therefore, the need for public dollars has been significantly diminished. In addition, HUD determined that the project as proposed, does not meet the Iow to moderate income requirement mandated under Federal Regulations goveming the use of Community Development Block Grant funds. Their decision is based on the fact that the residential units are sold at market rate ranging in price between $179,000 and 189,000. Ten units are set aside and subsidized by the CRA for households whose total income is between 80 - 120% of the median established for Palm Beach County. The third floor lofts, which are a part of the commercial buildings, have been pre-sold at prices between $159,000 and $179,000. HUD concluded that they could not support the use of the Section 108 dollars for the acquisition of the entire site because the residential units rendered the project ineligible. We proposed a separation of the value of the commercial component using the most recent appraisal that verified the site value at $2.5 million, thus applying the $1.3 million dollars to the commercial component. HUD's final decision on this was to require the City to request a waiver of Federal Regulations 24 CFR 570.208(a), activities benefiting Iow- and moderate- income persons. The request for waiver was submitted to the Washington, DC office on September 12, 2002. The development team made a decision in eady September to proceed with the acquisition of the land without the use of the Section 108 Loan funds. The non-profit partners anticipate approval on Tuesday, October 1 from Palm Beach County of a $600,000 grant from the Community Development Block Grant (CDBG) Economic Development Initiative fund that will be applied toward the acquisition and credited as their equity contribution. This agreement, however, requires participation from the City of Delray Beach. The agreement had anticipated the use of Section 108 loan funds. After restructuring the agreement and loan documents, the banks are requiring the equity contribution of $1,670,000 up front. The non- profit partners are $150,000 short of the amount they must bring to the table to maintain a 50% equity position. The County's staff position is that they are at risk of losing the $600,000 grant if there is no participation from the City of Delray Beach. They are comfortable that the County will not require the standard 50% match. After several telephone conference calls between Verdenia Baker, Deputy County Administrator, Remar Harvin, the County's Director of Community Development, Anita Jenkins, Director of the local LlSC office and myself, I do understand the significance of the non-profit partners being able to maintain their 50% equity partnership. However, I am unable to identify a source of funding that would allow me to recommend funding their request. LISC, Inc. is willing to provide a bridge loan to the non-profit partners, using funds that are allocated for other project costs if these dollars could be recaptured in some other way. The suggested method is to waive a part of the building permit fees equal to the $150,000. We anticipate the building permit fees to be approximately $200,000; thus, the City would be waiving 75% of the assessed fees. RECOMMENDATION: Staff is recommending that the Commission consider the waiver of 75% of the building permit fees to be assessed not to exceed $150,000, for the Atlantic Grover Project in support of the non-profit partners being able to maintain a 50% equity position with the development team. A copy of the official summary request and the agreement being considered by the County Commission on October 1 is attached for your reference. LB:DQ Attachments · Page 2 ATLANTIC GROVE SUMMARY Project Description Atlantic Grove is the first private development on West Atlantic Avenue, just west of the Delray Tennis Center, and a ¼ of a mile west of downtown Delray Beach. The Atlantic Grove Partners, composed of the two non-profit organizations, Delray Beach Community Development Corporation and the Center for Technology, Enterprise and Development Inc., and a for-profit organization, New Urban Communities, are developing the project. They were the successful bidders of a request for proposal issued by the Delray Beach Community Redevelopment Agency (DBCRA) to purchase 4.6 acres of land and redevelop it into a prime real estate development project. Atlantic Grove, a mixed-use project, consists of fifty-five (55) for-sale townhouses and two, 3-story, commercial buildings with retail on the first floor, office on the second floor and 20 residential lofts on the third floor, overlooking Atlantic Avenue. The townhouses are 2 bedroom, 2 bath and 2-car garages, ranging from 1,481 to 1,761 square feet of air-conditioned space. The community will include a pool, cabana and lush landscaping. Total development costs are $17,500,000. Sales prices for the market rate townhouses range from $179,900 to $189,900 and all of them have been pre-sold. The ten set aside units are selling at $134,400 and reserved for individuals earning 120% or less of the Palm Beach County Median Household Income. Sales prices for the third floor lofts (2 bedroom/2 bathroom units) start at $159,900 and go up to $179,900. All the units have been pre-sold as well. The commercial component is structured as for-sale condominiums. The proposed price per square foot for the retail space is $185 and $170 for the office space. The partners have reservations for the retail space in both buildings. Arvida Realty, the real estate mortgage broker, is aggressively marketing the office space. The two CDCs plan to purchase space on the second floor to relocate their office. Citibank is underwriting a bridge loan for the reservation and deposit as well as the permanent loan for the purchase of the unit. The two-non profits will be forming a limited liability corporation to purchase one of the commercial condominiums. The real e state market i s s till booming i n D elray Beach. P resales for t he t ownhouses confirm it. The demand for new commercial space is still high and supply remains low. The overall vacancy rate in downtown Delray is 5% and no new buildings are being constructed since vacant land is so scarce in the area. Downtown can only expand to the west. Furthermore, there is no quality retail or office space in the project area; Atlantic Grove is the only new development. Therefore, this project has a clear competitive advantage. The financing partners, including LISC, First Union, Fannie Mae, and Florida Community Loan Fund made a commitment of $11,202,735 for the acquisition/predevelopment/construction of the project. This is a participation loan with First Union as the lead lender. First Union made three separate loans to the borrower, including $5,084,177 for predevelopment, $3,035,804 revolving loan for the townhouses and a $3,082,754 for the mixed-use commercial project. The equity required is approximately $1,700,000 for the project, 50% from the for-profit corporation and 50% from the non-profit organizations. All the equity is required up-front based on the bank requirements. The two non-profits have received a $600,000 grant from the cotmty, which will be used during the acquisition stage of the project. Additional grant funds obtained from Palm Beach County out of the "gas tax" are reimbursable funds and will not be available in cash at closing. Grant Request Delray Beach Community Development Corporation and the Center for Technology, Enterprise and Development Inc., are requesting $150,000 from the City of Delray Beach to cover the shortfall in equity at closing. A budget for the land acquisition is shown below. Atlantic Grove Acquisition Budget Stage I: Acquisiton Uses Land Acquisition (total) Closing Costs (1.5% of $11,260,000) Legal Fees (Banks & borrower) Origination Fees (.5% of $11,260,000) Total $ 1,310,000.00 $ 168,900.00 $ 50,000.00 $ 56,300.00 $ 1,585,200.00 S 0 U rces New Urban Equity Cash $ 835,127 0(3 TED Center Equity County Grant $ 300,000.00 Delray Beach CDC Equity County Grant $ 300,000.00 Subtotal $ 1,435,127.00 Other funds City of Delray Beach $ 150,073.00 Total $ 1,585,200.00 Prepared by Local Initiatives Support Corporation/Lynda Charles - 9/16/2002 AGREEMENT BETWEEN PALM BEACH COUN'FY AND THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. AND DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION THIS AGREEMENT, entered into this__ day of ,2002, by and between Palm Beach County, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program, and The Center for Technology, Enterpri~;e and I:bvelopment, Inc, , a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 33 SE 1" Avenue, Suite 102, Delray Beach, Florida 33,!,44, and its Federal Tax Identification Number as 65-0362710, and Delray Beach Community Development Corporation, a non. profit corporabon duly organized and existing by virtue of the laws of the State of Florida, hawng its principal office at 400 West Atlantic Avenue, Delray Beach, Florida 33444 , and ~tsFederal Tax Identification Number as 65-0384313, both of which are hereinafter collectively, jointly, and severally referred to as the "Non'-Profits". WHEREAS, Palm Beach County has entered into an Agreement with the Umted States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Palm Beach County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Palm Beach County, in accordance with the Annual Consohdated Plan, and The Center for Technology, Enterprise and Development, Inc., and Delray Beach Community Development Corporation, as the"Non-Profits" desire to provide the activities specified in Pat II of this Agreement, and WHEREAS, Palm Beach County desires to engage the Non-Profits to implement such undertakings of the Commumty Development Block Grant Program. WHEREAS, the City of Delray Beach shall be a contributing funder to this project. NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows' PART I DEFINITION, PURPOSE, AND PRIOR AGREEMENT 1. DEFINITIONS (1) "County" means Palm Beach County. (2) "CDBG" means the Community Development Block Grant Program of Palm Beach County. (3) "HCD" means Palm Beach County Housing and Community Development. (4) "Non-Profits" means The Center for Technology, Enterprise and Development, Inc., and Delray Beach Community Development Corporation . (5) "HCD Approval" means the wntten approval of the HCD Director or his designee. (6) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the defimbon set by U.S. HUD. (8) "Held by" ~s the definition set by US HUD. 2. PURPOSE The purpose of this Agreement is to state the covmants and conditions under which the Non- Profits will implement the Scope of Servmes set forthm Part II of this Agreement. At least fifty one percent (51%) of the jobs created/retained through this Agreement must be held by Iow and moderate-income persons 3. PRIOR AGREEMENT The parties to this Agreement hereby acknowledge and agree that this ,~greement replaces a "Pnor Agreement" between said part,es dated June 18, 2002, and that all agreements Page 1 of 26 contained in such Prior Agreement shall be null and void, and shall have no binding effect on the parties. Page 2 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION SCOPE OF SERVICES PARTII The Non-Profits shall, in a satisfactory and proper manner as determined by HCD, perform the tasks n~ces=ary fo conduct the program outlined in Exhibit "A" and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD, AND CONDITIONS OF PAYMENT PARTY TO RECEIVE COMPENSATION UNDER THIS AGREEMENT The part~es to this Agreement recognize that the Non. Profits consist of two Florida non profit corporations, namely The Center for Technology, Enterprise and Development, Inc., and Delray Beach Community Development Corporabon, and that these corporations are each a general partrler in Atlantic Grove Partners, LLC, (hereinafter the "Partnership") a Florida linited liability company, whose managing partner is New Urban Atlantic Grove, L L.C, a Florida limited liabihty company. The parties also recognize that the managing partner of New Urban Atlantic Grove, L.L.C, is New Urban Communities Corporation, a Florida Corporation, whose directors are Kewn E. Rickard and T~mothy L. Hernandez. The parties further recognize that the project being funded under this Agreement (as more fully described in Exhibit A) will result in the real estate development of certain land more specifically described in Exhibit C of this Agreement, that th~s land is expected to be acquired and owned by the Partnership, and that the acquisitton of this land will be funded, in part, through thIs Agreement and, in part, from private sources. In add~bon, the part~es recognize that the funds made available under this Agreement shall constitute the Non-Profits' equity participation in the Partnership's development undertaking. Funds to be released by the County in accordance w~th this Agreemert shall be to The Center for Technology, Enterprise, and Development, Inc., on behalf of the Non-Profits MAXIMUM COMPENSATION The Non-Profits agree to accept as full payment for services rendered pursuant to this Agreement the actual amount of budgetgd, eligible, and HCD Director or designee-approved expenditures and encumbrances made by the Non-Profits under th~s Agreement. Said services shall be performed ~n a manner satisfactory to HCD. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $600,000 for expenditures made during the period of October 1,2002, through and including March 31,2004. Any funds not obligated by the expiration date of this Agreement automatically revert to the County. Further budget changes within the designated contract amount can be approved in writing by the HCD Director at his discretion up to ten percent (10%) on a cumulabve basis of the contract amount during the contract penod. Such reqLests for changes must be made in writing by the Non-Profits to the HCD Director. Budget changes in excess of th~s ten percent (10%) must be approved by the Board of County Commissioners. TIME OF PERFORMANCE The effective date of this Agreement and al rights and duties designated hereunder are cof~tingent upon the timely release of funds by HUD under Grant No.B- 99, 00 & 01-UC-12- 0004. The effective date shall be the date of execution of this Agreement, and the services of the Non-Profits shall be undertaken and completed in light of the purposes of th~s Agreement. In any event, all services required hereunder shall be completed by the Not, Profits prior to March 31, 2004. The parties agree that acquisition of the land shall occur no later than Decerfeer 31, 2002. METHOD OF PAYMENT The County agrees to make payments and to reimburse the Not, Profits for all budgeted costs permitted by Federal, State, and County guidelines. In no event shall the County provide advance funding to the Non-Profits or any subcontractors hereunder. Requests by the Non- Profits for payments or reimbursements shall be accompanied by proper documentation of expenditures. The Non-Profits shall not request reimbursement for payments made by the Non-Profits after the expiratIon date of th~s Agreement Paymentshall be made by the Palm Beach County Finance Department upon proper presentation of invoices and reports approved by the Non-Profits and HCD. For purposes of this section, originals of invoices, receipts, or other ewdence of indebtedness shall be considered proper documentation. When original Page 3 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION documents cannot be presented, the Non-Profits must adequately jusli~/~ their absence, in writing, and furnish copies. 5. CONDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED[~_ OCEDURES The Non-Profits shall implement this Agreement m accordance withapplicable Federal, State, and County laws, ordinances and codes, and amendments aed additions thereto as may from time to bme be made. The Federal, State, and ~aws, ordinances and codes are minimal regulations which may be supplementedl~y more restrictive guidelines set forth by HCD. No reimbursements will be made ~ evidence of the appropriate insurance as required by this Agreement. No pa:~ for mulfifunded projects will be made until a cost allocation plan has been approved by the HCD D~rector or designee. Should a project receive additional funding afier the commenceme~ef this Agreement, the Non-Profits shall notify HCD in writing within thirty [30) days ofr~eiving notification from the funding source and submit a cost allocation plan for approval by the HCD D~rector or hts designee within forty-five (45) days of said nofificatim. (2) FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis and/or an audit e~the Non-Profits or any of their subcontractors performed by an independent auditing f~n employed by the County or by the County Internal Audit Department at any time ~e County deems necessary to determine if the project is being managed in accordance with Federal, State, and County requirements. (3) REPORTS, AUDITS, AND EVALUATIONS Payment will be contingent on the rece~ptof complete and accuratemports required by this Agreement, and in the resolution of monitorirg or audit finding~identified pursuant to this Agreement. (4) ADDITIONAL COUNTY AND U.S. HUD REQUIREMENTS The State or Federal funds being provided hereunder cannot be U~ed as a match for other State or Federal grants to the grantee and the grantee cann(t lubmit requests for the same expenses to more than one funding source or under morelhan one program. HCD shall have the right under this Agreement to suspend or terminate payments until the Non-Profits comply with any additional conditions that may b~ imposed by the County or U.S. HUD. GENERAL CONDITIONS PART IV OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Non-Profits agree that no person shall on the ground of race, color, national origin, religion, disability, age, familial status, or sex be excluded from the benefits of, or be subjected to d~scrimination under any actiwty carried out by the performance of this Agreement Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest feasible extent, loweFmcome residents of the project areas shall be given opportunibes for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts ~n connection with the project. At a minimum, thesubrectpient shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWN__ED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construd~on, or services to implement this Agreement, the Non-Profits shall make a pos~bve effort to utilize small business and minority/women-owned business enterprises of supphes and services, and prowde these sources the maximum feasible opportunity to coml:ete for contracts to be performed pursuant to th~s Agreement. To the maximum extent feasible these small business and mmonty/women Page 4 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION owned business enterprises shall be located in or owned by residents of the areas designated by Palm Beach County in the Annual Consohdated Plan approved by U.S. HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the jobs created/retained through this project must be made held by Iow- and moderate-income persons. If the project is located in an entitlemert city, as defined by U.S. HUD, or serves beneficiaries countywide, more than 30 percent (30%) of the beneficiaries assisted directly through the use of funds under this Agreement must reside in unincorporated Palm Beach County or in municipalities partiopating in the County's Urban County Quahficatlon Program. The Non-Profits shall provide written verification of compliance as described in Exhibit A of th~s Agreement to HCD upon HCD's request EVALUATION AND MONITORING The Non-Profits agree that HCD will carry out periodic monitoring and evaluation activities as determined necessary by HCD or the County and that payment, reimbursement, or the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement. The Non-Profits agree to furnish upon request to HCD, the County, or the County's designees copies of transcriptions of such records and information as is determined necessary by HCD or the County. The Nor~Profits shall submit status repcrts required under this Agreement on forms approved by HCD to enable HCD to evaluate progress. The Non-Profits shall provide information as requested by HCD to enable HCD to complete reports required by the County or HUD. The Nor~Profits shall allow HCD, the County, or HUD to monitor the Non-Profits on site. Such visits may be scheduled or unscheduled as determined by HCD or HUD. 5o AUDITS AND INSPECTIONS At any time during normal business hours and as often as HCD, the County, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the Non-Profits to HCD, the County, U.S. HUD, or the Comptroller Gener'4 for examination all its records with respect to all matters covered by this Agreement. The Non-Profits agree to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to th~s Agreement The Nor~Profits shall submit a single audit, including any management letter, made in accordance with the general program requirements of OMB C~rculars A-110, A-122, A-133, and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered bythis agreement in which Federal funds from all sources are expended. Sa~d audit shall be made by a Certified Public Accountant of the Non-Profits' choosing, subject to the County's approval. In the event the Non-Profits anticipates a delay ~n producing such audit, the Non-Profits shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Nor,Profits. In the event the Non-Profits are exempt from having an audit conducted under A~133, the Non- Profits shall submit audited financial statements and/or the County reserves the right to conduct a "limited scope audit" of the Non-Profits as defined by A-133. The County w~ll be responsible for providing technical assistance to the Non-Profits, as deemed necessary by the County. DATA BECOMES COUNTY PROPERTY All reports, plans, surveys, information, documents, maps, and other data procedures purchased, developed, prepared, assembled, or completed by the Nor~Profits for the puq3ose of this Agreement shall become the property of the County without restriction, reservation, or limitation of their use and shall be made available by the Non-Profits at any time upon request by the County or HCD. Upon completion of all work conterrplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HCD if requested. In any event the Non-Profits shall keep all documents and records for three (3) years after expiration of th!s Agreement. INDEMNIFICATION The Non-Profits shall protect, defend, reimburse, indemnify and hold the County, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during performance of the terms of this Agreement or due to the acts or omissions of the Nor,Profits, their agents, assigns, contractors or partners. Non-Profits' aforesaid indemnity and hold harmless obligabon, or portion or apphcat~ons thereof, shall apply to the fullest extent permitted by law. The NoR Profits will hold the County harmless and will indemnify the County for funds which the County is obligated to refund the Federal Government arising out of the conduct of activities and Page 5 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, I1~,. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION administration of Non-Profits, their agents, assigns, contractors or Partr~a~mluding but not limited to, any allocation of funds associated with the acquisition of the la~llaty' INSURANCE Unless otherwise specified in this Agreement, the Non-Profits shall, at l~sole expense, maintain in full force and effect at all times during the life of this ,N~all~ent, insurance coverages, limits, including endorsements, as described herein. ~ req[i~a~nts contained herein as to types and limits, as well as the County's review or accel~ll~ of insurance maintained by the Non-Profits, are not intended to and shall not in any ~ limit or qualify the liabilities and obligations assumed by the Non-Profits under this Agrea~nt. COMMERCIAL GENERAL LIABILITY The Non-Profits shall maintain and shall cause the Partnership to Jaillain Commemial General Liability at a limit of liability not less than $1,000,00{)Each Occurrence. Coverage shall not contain any endorsement excluding Contrac~aal~iabllity or Cross Liability unless granted by the County's Risk Management Del~t. The Nor~ Profits agrees this coverage shall be provided on a pnmary basis. (2) BUSINESS AUTOMOBILE LIABILITY The Non-Profits shall maintain and shall cause the Partnership tealahtain Business Automobile Liability at a limit of liability not less than $500,000 ~urrence for all owned, non-owned and hired automobiles. In the event the IlaaProflts or the Partnership do not own any automobiles, the Business Auto Liabil~l~luirement shall be amended allowing the Non-Profits or the Partnership to agree te~J~tain only Hired & Non-Owned Auto bability. This amended requirement may be ~llfied by way of endorsement to the Commemial General Liability, or separate Bu~i~e~Auto coverage form. Non-Profits agrees this coverage shall be provided on a Pfi~basis. (3) WORKER'S COMPENSATION & EMPLOYER'S LIABILITY The Non-Profits shall cause the Partnership to maintain World. s Compensation Insurance & Employers Liability in accordance with Florida Statule~ilapter 440. The Non-Profits agrees this coverage shall be provided on a primary~ll~. (4) BUILDER'S RISK The Non-Profits shall cause the Partnership to maintain builder's ri~iasurance for the project which is funded through this Agreement, during the term o~llli~Agreement, in an amount at least equal to 100% of the estimated completed Proje~lue as well as subsequent modifications of that sum. Coverage shall be providede~an AItRisk basis including coverage for the perils of wind and flood. The Non-Prof'~ser~e Partnership shall assume all responsibility for any coinsurance penalties, deduclil~, or unco/ered self-insured retention. The policy shall be endorsed with an 'Occupae~Endorsement,- or similar endorsement, amending the automatic termination of c~3~age in the event the project is partially occupied, or put to its intended use ~ te complebn of construction. If a sublimit applies to the perils of wind or flood, thesl.~imit shall not be less than 25% of the projected completed value of the project. Thede~uctible shall not exceed $100,000, nor shall a wind percentage deductible, when appr~, exceed five percent (5%). The coverage shall be kept in force until final paymeatflas been made in accordance with other applicable contract requirements, or until no ~ but the County has any property interest m the project, or until the Not, Profits and a'~eCounty mutually consent to the termination, whichever occurs first. (See Exhibit A_, NOTE 9, which specifies the time of submission of the certificate of builder's risk i~rance)' (5) ALL-RISK PROPERTY AND WINDSTORM The Non-Profits shall cause the Partnership to maintain for the ped~d ~the Declaration of Restrictions (which is provided as Exhibit C to this Agreement): (1)A#Risk Property insurance in an amount not less than amount expended by the County under this Agreement, (2) Windstorm insurance, unless included as a covered peril in the property insurance, in an amount not less than amount expended bythe County under this Agreement, or the maximum amount available under the Flerida Windstorm Underwriting Association, whichever is less. Non-Profits shall agree to be fully responsible for any deductible or self-insured retention, and agree te tlame the County as a LOSS PAYEE on each policy as their interest may appear in COllnectlon with all betterments and improvements made by oron behalf of Non-Profits with CDBG funds. (See Exhibit A, NOTE 10, which specifies the time of submission of the certificate of property and windstorm insurance). (6) ADDITIONAL INSURED Page 6 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION The Non-Profits shall agree and cause the Partnerd~ip to agree to endorse the County as an Additional Insured w~th a CG 2026 Additional Insured- Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents, c/o Department of Housing and Community Development". The Nor~ Profits shall agree the Additional Insured endorsements provide cove'age on a pdmary basis. (7) CERTIFICATE OF INSURANCE The Non-Profits shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is ~n full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). Notification shall be made to the Department of Housing and Community Development at the following address: 3323 Belvedere Road, Building 501, West Palm Beach, Florida 33406. (6) RIGHT TO REVIEW AND ADJUST The Non-Profits shall agree that the County, by and through its Risk Management Department, in cooperation with the Department of Housirg and Community Development, reserves the right to penod~cally review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to t~me throughout the life of th~s Agreement. The County reserves the right, but not the obhgation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. CONFLICT OF INTEREST The Non-Profits covenant that no person who presently execises any functions or responsibilities in connection with the project has any personal financial interest, direct or indirect, ~n the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any confl~ct of interest shall be employed by or subcontracted by the Non-Profits or Partnership Any possible conflict of interest on the part of the Non-Profits, their employes or partners shall be d~sclosed in wdtmg to HCD prowded, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of Iow and moderate-income residents of the project target area. 10. CITIZEN PARTICIPATION The Non-Profits will cooperate with HCD in the implementation of the Citizen Participation Plan by reforming project beneficiaries and the community of the activities tl'e Non-Profits are undertaking in carrying out the provisions of this Agreement. 11. RECOGNITION All property purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The Non-Profits will ~nclude a reference to the financial support herein provided by HCD in all pubhcations and publicity, in addition, the Nor~Profits will make a good faith effort to recognize HCD's support for all activities made possible with funds made available under this Agreement. 12. CONTRACT DOCUMENTS The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as this Agreement; and all of said documents taken as a whole constitute the contract between the parties hereto a~d are as fully a part of this Agreement as if they were set forth verbatim and at length herein. (1) Th~s Agreement, including ~ts Exhibits (2) Office of Management and Budget~Circulars A-110, A-122, A-133, and 24CFR Part 84 (3) Title VI of the Civil Rghts Act of 1964, the Age Discrimination Act of 1975, and T~tle II of the Americans with Disabihties Act of 1990 (4) Execubve Orders 11246, 11478, 11625, 12432, the Davis Bacon Act, and Section 3 of the Housing and Community Development Act of 1968, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended Page 7 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELI[AY BEACH COMMUNITY DEVELOPMENT CORPORATION (5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988, and Section 109 of the Housing and Community Development Act of 1974, as amended (6) Florida Statutes, Chapter 112 (7) Palm Beach County Purchasing Ordinance (8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended (9) The Non-Profits' personnel policies and job descriptions (10) The Non-Profits' incorporation Certifica. te and Articles of Incorporation (11) The Non-Profits' By-laws (12) The Non-Profits' or Partnership's Certificates of Insurance (13) Current list of the Non-Profits' officers and members of their Boards of Directors (14) Proof of the Non-Profits' 501(c)(3) certification from the Internal Revenue Service The Non-Profits shall keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file at their principal offices. 13. TERMINATION In the event of termination, the Non-Profits shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by the NonProfits, and the County may withhold any payment to the Non. Profits for set-off purposes until such time as the exact amount of damages due to the Courty from the Nor>Profits is determined. In the event of termination of the Agreement, the County's obligation to execute Subordination Agreements and Releases of Restrictions w~ll surv~/e termination provided the conditions for obtaining such Subordinations and Releases, as described in Exhibit A, are met. (1) TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. The Nor>Profits shall repay the full value of this grant, unless otherwise specified by HCD, within a time period specified by the County (2) TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. In the event the Nor>Profits cease to exist, or cease or suspend their operations for any reason, this Agreement shall be suspended or terminated on the date the County specifies. The determination that the Non-Profits have ceased or suspended their operations shall be made solely by the County, and the Non-Profits, their successors or assigns in ~nterest agrees to be bound by the County's determination. At the County's sole d~scretion, the Nor>Profits shall return all funds received through this Agreement to the County within a time period specified by the County. (3) TERMINATION FOR CONVENIENCE OF COUNTY The County may terminate this Agreement at any time by giving at least ten (10) working days notice in writing from the County to the Nor~Profits. This Agreement is terminated by the County as provided herein, the Nor>Profits will be paid for allowable services and allowable expenses under Part II of th~s Agreement until the effective date of termination. 14. (4) TERMINATION FOR CONVENIENCE OF THE NON-PROFITS At any time during the term of th~s Agreement, the Not, Profits may, at their option and for any reason, terminate this Agreement upon ten (10) working days prior written notice to HCD. If the Nor>Profits have received funds through this Agreement the Not, Profits shall return all funds to the County prior to the termination of this Agreement. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder wouU then continue to conform to the terms and requirements of apphcable law. 15. AMENDMENTS Page 8 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION The County may, at its discretion, amend this Agree'nent to conform w~th changes in Federal, State, County, or U S. HUD guidelines, direcbves, and objectives. Su~ amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Palm Beach County Board of County Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless m writing, ap,~)roved by the Board of County Commissioners and signed by both parties. 16. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HCD at its office at 3323 Belvedere Road, Building 501, West Palm Beach, Florida 33406, and to the Non-Profits when delivered to their offices at the address listed on Page One (1) of thcs Agreement. 17. INDEPENDENT AGENT AND EMPLOYEES The Non-Profits agree that, in all matters relating to this Agreement, they will be acting as an independent agent and that their employees are not Palm Beach County employes and are not subject to the County provisions of the law applicable to County employees relative to employment compensation and employee benefits. 18. NO FORFEITURE The rights of the County under this Agreement shall be cumulative and failure on the part of the County to exemise promptly any rights given hereunder shall not operate to forfeit or wacve any of the said rights. 19. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the Non-Profits certify that they, their affiliates, partners, supplers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. Th~s notme is required by F.S. 287.133 (3)(a). 20. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty- three (23) enumerated pages which include the exhibits referenced herein, shall be executed in three (3) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and thesame instrument. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County 21. ENTIRE UNDERSTANDING This Agreement and its previsions merge any prior Agreements, if any, between the parhes hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, wan'ar'ties, covenants, or undertakings other than those expressly set forth hereto. Page 9 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION WITNESS our Hands and Seals on this . day of ,2002. (CORPORATE SEAL) THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. By: Nad~ne Hart, President By: Lomtta McGhee, Secretary (CORPORATE SEAL) DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION By: Charles Bmadnax, President By: Ann Green, Secretary (COUNTY SEAL) PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS ATTEST. Dorothy H. Wilken, Clerk Board of County Commissioners By: Warren H. Newell, Chairman Board of County Commissioners By: Deputy Clerk Approved as to Form and Legal Sufficiency Document No.. Approved as to Terms and Conditions Dept. of Housing and Community Development By: Tammy K. Fields Assistant County Attorney By: Amm Houry, Manager Housing and Capital Improvements G 'NVPDATA\ENG'~TK~HCD'~Atlant~c~Groves-Agrmnt-9-25.02 wpd Page 10 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION EXHIBIT "A WORK PROGRAM NARRATIVE THE NON-PROFITS AGREE TO: PROJECT SCOPE: The Non-Profits shall cause the Partnership to acq,,~ain land known as blocks 28 and 36 fronting West Atlantic Avenue in Delray Beach, a~llore specifically described in Exhibit C attached hereto. It is recognized that the land to ben, ired pursuant to the Agreement, herein after referred to as ~Subject Land, represents a Ix~l~f a larger parcel of land to be acquired by the Partnership for further development, whicb~er parcel shall hereinafter be referred to as the "Development Project Land." The Non-Profits shall cause the Partnership to construct two 3-story ~ use buildings having retail, office and residential space on Subject Lar~ The parties acknowledge that the property described in Exhibit C includesl~ce which will be utilized for commercial and residential units. Subsequent to the ~,1 Declaration of Condominiums shall be recorded. The parties agree that the legall~ascription in the Declaration of Restrictions attached as Exhibit C shall be amended aea0rdingly to only encumber the commercial condominium units descril:ed in the Declarali3a~ Condominium and shall not include any common areas or other properties described ~e~n. NOTE 1: The Non-Profits shall cause the Partnership to construct the ~l~ove stated two buildings such that the floor area of the retail and dflce space shall repml~ll approximately two-thirds (2/3) of the floor area of these two buildings, and such that ~e floor area of the residential space shall represent one-third (1/3) of the floor area of theset~ buildings The Non-Profits recognize lhat funding made available through this Agreera~tended for the acquisition of the Subject Land described in Exhibit C is solely intended f~'~ retail and office space contained m these two buildings, and that such funds shall rel~l~ent a prorated contribution towards the purchase price of this land as further specified inNOTE 5 below. NOTE 2: The parties hereto acknowledge that the land acquisition activityulMertaken herein is being made under Section 5-1(a)(3) of HUD Handbook 1378 entitled T~lant Assistance, Relocation, and Real Property Acquisition, and that according to this handbag, this activity is described as the acquisition of real property from a state agency by an enlilyl#at does not have authority to acquire property through condemnaton. Furthermore, it is ackn~ledged that the state agency associated with this project who presently owns the Develop~ae~ Project Land is the Delray Beach Community Redevelopment Agency, and that the entityaclNiring the land is the Partnership. NOTE 3: Upon the execution of this Agreement the Not, Profits shall provideHCD w~th a copy of the contract for sale for the Development Project Land that is in full force ~ effect, and that is executed by the present owner of the land and by the Partnership. NOTE 4: The Non-Profits represent to HCD that the appraised value oflhe Subject Land is $1,600,000, and that the cost of the Development Project Land is for $1,$10~000 according to the contract for sale menboned m Note 3 above. The Nor~Profits furtha-represent that the cost of the Subject Land allocated to the commercial condominiums is $750,000 of the $1,310,00 stated above.. NOTE 5: The amount to be funded by the County under this Agreement in ¢ennection with the acquisition of the Subject Land shall be $600,000. NOTE 6: The Non-Prcfits may request the County to release the amour~to be funded by the County under this Agreement as established above by providing HCD with a copy of the unsigned acquisition closing statement and a mortgagee ttle insurance policy Commitment with Palm Beach County as the proposed mortgagee. As a condition for HCD's release of acquisition funding, the Non-Profits shall require the seller of the Subject Land, at or before closing, to remedy, to County's satlsfactDn, and at no cost to the County, all title defects identified by HCD that are revealed in sa~d commitment. Page 11 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION NOTE 7: Funds to be released by the County at the closing in accord with ~ir,~reement shall be to The Center for Technology, Ente'pr~se, and Development, Inc. (TEDCa~), who shall in turn contribute all such released funds to the acquisition of the Subject Land~e Partnership. Upon written request of the Non-Profits, funds may be made payable jointlyl~e TED Center and the identified escrow agent for the closing of the land acquisition. NOTE 8: The Non-Profits shall schedule the closing in such a manner to aile~e attendance of HCD and the County Attorney's Office. At the closing, the Nor~Prorar~lI cause the Partnership to execute a Declaration of Restrictions in favor of the CounbJ, alll~tantlally in the form of Exhibit C attached to this Agreement. This document shall thenl~.~acorded with the deed for the property. The Non-Profits shall assure that recording fees.~the aforesaid document are ~ncluded in the closing statement After the closing, the ~ shall provide the County with copies of the recorded deed, signed closing statement, andla~nortgagee title insurance policy, as well as the original recorded Declaration of Restrictioa~ NOTE 9: Within 30 calendar days after the Non-Profits or the Par~llNp award the construction contract for the above described two buildings, the Nor~Profils~lall provide HCD with a certificate of builder's fiskinsurance as specified herein. Failure to (~lailand maintain the above described insurance shall be considered as an,event of default unda~e Declaration of Restrictions. NOTE 10: W~thin 10 working days after the issuance of a cerhfic~e of o~l~pancy by the building department of jurisdiction for each of the two buildings envisialed under this Agreement, the Non-Profits shall provide HCD with a certificate of proper~and windstorm insurance for each such building as specified herein. Failure to obtain and mlratam the above described insurance shall be considered as an event of default under Ill, Declaration of Restrictions. NOTE 11: This Agreement shall become null and void at the sole discref~olltHCD, if HCD is unsatisfied with the Non-Profits' performance for any material matter that ma/alfect the timely completion of this project. The Non-Profits further agree that HCD, in consultation with any parties it d~ms necessary, shall be the final arbiter on the Non-Profits's compliance with the above al~ the County's obligation to fund under this Agreement shall become null and void. The provisions of this clause shall survive the expiration of this Agreement. B FORMER PROJECTS: The Non-Profits shall maintain all previously compbtlMCDBG funded projects. Failure to do so will result in forfeiture of future CDBG funds and ~ll~lay funding for ongoing activities. JOB CREATION: Subsequent to the effective date of this Agreement and nelater than one year after issuance of a certificate of occupancy by the building department ~jurisdlction for the second of two buildings envisioned under this Agreement, the Nor~ shall create a minimum of 40 jobs, on a full-time equivalent basis, where at least 51% of Ihej~s will beheld by Iow- and moderate-income persons, and where more than 30% of the jobscl'eated must be held by residents of the unincorporated County or by residents of one o~ the municipalities participating in the Urban County Program. A ful~time job shall mean emj~yment for a minimum of 2,080 hours per year and for a wage or salary equal to or bette~ than the minimum wage as determined by the U.S. Department of Labor. Low and moderal~ittcome status is based on the person's income at the time of hire and ~s rot affected by subl~uent raises or promotions. Said jobs will include, but may not be limited to, the jobs listed ~1 Exhibit F. The Non-Profits will register said jobs with and consider applicants referred by the Palm Beach County Workforce Development Board. The parties to this Agreement recognize that the funds provided through th~ Agreement are Federal Community Development Block Grant funds made available by the U. $. Department of Housing and Urban Development, and that the above job creation reqdremerlfa pertain to the use of these funds. If the Non-Profits and/or the Partnership receive funds froell the County or other sources, and such funds have job creation requirements associated w'l~ them, the NoR Profits hereby assure and warrant to the O3unty that none of the jobs create~l in compliance w~th the requirements stated in the Job Creation clause above shall duplicate any jobs created or retained in meeting their obligation to the County m association with the No,Profits' and/or the Partnershlp's use of the such other funds. Page 12 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION The Non-Profits agree to provide the County wdtten certification with the reports specified below that no duplication m these jobs exists, and hereby recognize and agree that any duplication in these jobs by the Non-Profits shall constitute an event of default under the Declaration of Restrictions provided as Exhibit C hereto, upon which default they shall reimburse the County in an amount equivalent to a pro-rata repayment of the County grant of $600,000 where each job is equivalent to $15,000. The provisions of this clause shall survive the expiration of this Agreement. SECURITY AGREEMENT: To secure the grant amount, the Non-Profits hereby covenants and agrees to comply with the above Job Creaion requirements for a period of three (3) years commencing with the creation of the 40~ job. HCD will monitor the Non-Profits for their compliance with the above Job Creation clause requirements commencing with the issuance of a certificate of occupancy for the first building to be constructed in connection with this Agreement, and continuing for a period of three (3) years after the creation of the 4~l'job. The Non-Profits agree that if they fail to comply with the job creation requirements, they slall reimburse the County in an amount equivalent to a pro. rata repayment of the County grant of $600,000 where each job is equivalent to $15,000. The provisions of this clause shall survive the expiration of this Agreement. E, REPORTS: The Non-Profits shall submit the reports listed below to HCD. 1) 2) 3) 4) Quarterly updates during the term of this Agreement that describe the status of the activity funded under this Agreement. Written verification of .lob creation, satisfactory to HCD at HCD's s~le discretion. Verification shall include job t~tle, salary, fnnge benefits, ful,[t~me equivalency status, name and address of person hired, proof sa~d person is Iov,, and moderate-income, and dates of employment. The Non-Profits shall begin submitting to HCD said written verification upon the issuance of a certificate of occupancy for the first building to be constructed m connection with this Agreement, and continue to submit written venficatfon annually therefrom, until the expiration of three (3)years after the creation of the 40> job. In conjunction with the written verification described above, the Nor, Profits shall also certify to the County in writing that none of the jobs for whom it provides written verification are jobs claimed by the Non-Profits in connection with meeting the Non- Profits' job creation/retention requirements associated with the Not, Profits' use of any other funds with job creation requirements. The Non-Profits' business tax returns for a period of three (3) years ©mmencing with the expiration date of this Agreement. The provisions of th~s clause shall survive the expiration of this Agreement. F. USE OF THE PROJECT FACILITY, DECLARATION OF RESTRICTIONS AND SUBORDINATIONS OF RESTRICTIONS: The Non-Profits agree [n regard to the use of the facility whose acquisition or improvements are being funded in part or in whole by CDBG funds as prowded by this Agreement, that they will comply with the prows~on of the Declaration of Restrictions herein provided as Exhibit C. The parties hereto recognize that the Non-Profits and the Partnership intend to seek funding for the other costs associated with this project, and that such funding is anticipated to be secured by mortgage instruments to be held by independent institutional first mortgage lender(s). In connection with the closing on the acquisibon of the subject land, the County agrees to allow such ~ndependent ~nst~tubonal first mortgage lender(s) to record the mortgages to be held by such independent institutional first mortgage lender(s) m superior mortgage positions to that of the Declaration of Restrictions. After the closing, during the term of this Agreement, should any such proposed independent institutional first mortgage holdersrequest that their mortgages be held in a superior position to the County's interest in the land as established through the aforesaid Declaration of Restrictions, the Non-Profits or Partnership shall request the County, in writing, to subordinate its interest in favor of such mortgagees. The County shall then determine whether the County's funding made available through this Agreement ~s sufficiently secured which shall be when, m the County's opinion, the market value of the subject land and its ~mprovements less the value of all secured debt supenor to the County, ~s equal to, or greater than, $600,000. For the purposes of th~s paragraph, the County will utilize the determlnabon of the independent mst[tubonal first mortgage lender to determine maket value. Page 13 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION Upon determining that the County's funding made available through this Agreement is sufficiently secured, the County shall execute and deliver a Subordination of Restrictions, included herein as Exhibit D, thereby subordinating ~ts interest in the Declaration of Restrictions. Each such subordination shall be in the form and substance provided in Exhibit D, and if altered to meet the form and substance as may be required by said proposed mortgagees, such alteration shall be approved by the County Attorney's Office. Furthermore, the execution and delivery of said subordination(s) is hereby delegated to the County Administrator, or his designee, and shall not require any further action by the Palm Bach County Board of County Commissioners. PARTIAL RELEASES OF RESTRICTIONS AND OTHER OBLIGATIONS OF THE NON G. 'PROFITS: The parties hereto recognize that the Partnership intends to construct two buildings in connection with this project, and that these two buildings will contain retail, office, and residential condominiums for sale to the public. The parties also recognize that the sale of these condominiums may each necessitate that the County partially release its interest in the aforesaid Declaration of Restrictions in order to alow for these sale transactions to take place. In cormection with the sale of the retail and office condominiums (commercial condominiums), the County shall upon the Non-Profits' or partnership's written request provide within five (5) business days a Partial Release of Restrictions for such commercial condominiums thereby remowng its interest in the Declaration of Restrictions affecting the commercial condominiums, provided, however, that the County's funding made available through this Agreement shallbe sufficiently secured by the remaining commercial condominiums which have not received a Partial Release of Restrictions The County's interest shall be deemed sufficiently secure in the remaining commercial condominiums when, in the County's opinion,the market value of the these remaining commercial condomimums less the value of any debt superior to the County and secured by these remaining commercial condominiums, is equal to, or greater than, $600,000. In order to secure further partial releases d restrictions on the remaining commercial condominiums when the market value of the remaining commercial condominiums less the value of any debt superior to the County drops below $600,000, the Nor+Profits shall deposit a pro rata portion of the $600,000grant in a restricted account or post a Letter of Credit for repayment to the County in the event of a default, in determining market value, the Schedule of Values attached hereto and made a part hereof as Exhibit G shall be utilized. Palm Beach County shall also provide a Partial Release of Restrictions within five (5) business days upon receipt of full repayment of the grant attributed to the commercial condominium upon which the release is sought, utilizing the Schedule of Prices for Partial Releaseattached hereto and made a part hereof as Exhibit H. Acceptance of any such funds shall fully release the real property identified in the release from the encumbrance of the Declaration of Restrictions but shall not release the Non-Profits from the job creation requirements described herein. At the bme that the two (2) Non-Profits purchase a commercial condominium unit or units, the County shall release all other remaining commercial condominium units from any further restrictions If at that time, the market value of the remaining commercial condominlurr~) owned by the Non-Profits less the value of any debt superior to the County drops below $600,000, the Non-Profits shall deposit the difference in value in a restricted account or post a Letter of Credit for said amount for repayment to the County ~n the event of a default. These Partial Releases of Restnctions shall be in the form and substance provided in Exhibit E, and if altered to meet the form and substance as may be required by lenders financing the above mentioned sales transactions, such alteration shall be approved by the County Attorney's Office. Furthermore, the execution and dehvery of said Part~al Releases of Restrictions is hereby delegated to the County Administrator, or his designee, and shall not require any further action by the Palm Beach County Board of County Commissioners The Non-Profits agree that in the event one or both Nor~Proflts purchase commercial space for use as an incubator program, the Non-Profits will accept the responsibilities, obligations and restrictions contained within the Declaration of Restrictions contained ~n ExhibIt C attached hereto. I!. THE COUNTY AGREES TO: A. Prowde funding for the acquisibon of the land described in the Scope of the Project, during the term of this Agreement, in the amount of $600,000. Page 14 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION Provide project administration and inspection to the Non-Profits to ensure compliance with U.S. HUg) and the Department of Labor, and applicable State, Federal and County laws and regulations. Monitor the Non-Profits at anytime during the term of this Agreement. Visits may be scheduled or unscheduled as determined by HCD, be conducted by HCD staff or its contractor, and will serve to ensure compliance with U.S. Department of HUD regulations, that planned actiwties are conducted in a timely manner, and to ver[y the accuracy of reporting to HCD on program activities. Do The County shall perform an environmental review of the project. Environmental review costs incurred by the County may be charged to the project budget identified above. Eo Execute Partial Releases of Restrictions and Partial Subordinations of Restrictions as required and provided for herein in a timely manner. Fo Provide an estoppel letter to any independeht institutional first mortgage lender withn five (5) business days of receipt of a written request, Page 15 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELl[AY BEACH COMMUNITY DEVELOPMENT CORPORATION EXHIBIT "B' LETTERHEAD STATIONERY TO: Remar M, Harvin, Director Housing and Community Development 3323 Belvedere Road, Building #501 West Palm Beach, FL 33406 FROM:Name of Subgrantee: Address: Phone: RE: INVOICE REIMBURSEMENT Attached, you will find Invoice # ., requesting reimbursement in the amountof $ · The expenditures for th~s ~nvoice covers the period through You will also find attached back-up original documentabon relating to the expenditures being invoiced. Approved for Payment Page 16 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION EXHIBIT "C" Return to: Palm Beach County Housing & Community Development 3323 Belvedere Road, Building 501 West Palm Beach, Flonda 33406 Prepared by: Tammy K. Fields, Assistant County Attorney Attentfon: Amin Houry DECLARATION OF RESTRICTIONS The undersigned, Atlantic Grove Partners, L.L.C , a limited liability corporation duly authorized to do business in the Stbte of Florida, having its pnncipal office at 400 West Atlarbc Avenue, Delray Beach, FL 33444 hereinafter referred to as "Declarant", for the property described below, in consideration of funding in the amount of s~x hundred thousand dollars ($600,000) received from the Palm Beach County Board of County Commissioners (the "County") does hereby grant to the County the following restrictions against the subject property, hereinafter referred to as the Property, and described as: South 5.3 feet of Lot 5, Block 28, Town of Delray South 19.4 feet of the North 69.4 feet of Lot 5, Block 28, Town of Delray North 44.7 feet of Lot 6, Block 28, Town of Delray South 30 feet of Lot 6, Block 28, Town of Delray Lot 9, Block 28, Town of Delray Lots 13, 14, 15, and 16, less the South 20 feet thereof, Block 28, Town of Delray Lots 1 thru 10, Block 36, Town of Delray Lots 11 thru 15, Block 36, revised Plat of Block 36, Town of Delray Lots 22 thru 39, Block 36, Town of Delray (No[e: The parties agree that after the closing, a Declaration of Condominiums will be recorded and the legal description for this Declaration of Restrictions shall be amended accordingly to only encumber the commercial condominium units described in said Declaration of Condominium, and shall not include any common areas or other properties described therdn. The amended Declaration of Restrictions shall be recorded to reflect the modified legal description. 1. These restricbons shall be deemed a covenant running with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns· These restrictions can only be terminated or released by the Palm Beach County Board of County Commissioners, or their duly designated designees, in writing, and executed w~th the same formalities as this document. 2. In consideration of the Cotnty's grant in the amount of $600,000 (in CDBG dollars) as provided through a grant agreement with the County dated October 1, 2002, with The Center for Technology, Enterprise and Development, Inc. and the Delray Beach Commumty Development Corporation tNon- Profits), the Declarant hereby covenants and agrees for a period of three (3) years commencing with the date of creation of the 4CP job as specified in said grant agreement, or one year after issuance of a certificate of occupancy by the building department of jurisdiction for the second of two buildings envisioned under the grant agreement, which ever occurs first, to use the Property'as described m the funding apphcation submitted to the County, and as described in said Grant Agreement, and futher · agrees to maintain insurance as required in the Grant Agreement. 3. The Declarant agrees m regard to the use of the Property whose acquisition or improvements were funded through the Grant Agreement that for a period not less than ten (10) years ~fer the expiration date of said Grant Agreement (as may be amended from time to time). a) The Declarant may not change the use or planned use, or discontinue use, of the Property 0ncludlng the beneficiaries of such use) from that for which the acqu~sibo~ or improvements were made, unless the Declarant provides affected clbzens with reasonable not~ce of, and opportunity to comment on, any such proposed change and either The new use of the Property, in the opinion of the County, qualifies as meetmgone of the national objectives defined in the regulations governing the CDBG program, and ~s not a building for the general conduct of government; or Page 17 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION ii) The requirements of paragraph 3(b)of this section am met. Page 18 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION b) If the Declarant determhes, after consultation with affected citizens, that it is appropriate to change the use of the Property to a use which does not qualify under paragraph 3(al(i) of this section or discontinue use of the Property, it may retain or dispose of the facility fe such use if the County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvements to the facility/property. The find determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c) Following the reimbursement of CDBG funds by the Declarant to the County pursuant to paragraph 3lb) above, the facility/property wil then no longer be subject to these restrictions, and the County shall then release these restrictions as described above. In the event of any proposed sale, conveyance or tran,.fer of the subject property, the Declarant must obtain approval of the County, through its Housing and Community Development Department. Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of paragraph 3lb) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, confirming its acceptance of the restrictions and conditions provided herein for the dtration of this Declaration; or execution of a Partial Release of Restrictions in accordance w~th the terms and conditions of the Grant Agreemeht. The Grant Agreement provides, m relevant part, for the subordination of these restrictions as follows: In connection with the closing on the acquisition of the subject land, the County agrees to allow independent institutional first mortgage lender(s) to record the mortgages to be held by such independent institutional first mortgage lender(s) in superior mo'tgage posit~ons to that of the Declaration of Restrictions. After the closing, during the term of the grant agreement, should any such proposed independent institutional first mortgage holders request that their mortgages be held in a superior position to the County's interest in the land as established through the aforesaid Declaration of Restrictions, the Non-Profits or Partnership shall request the County, in writing, to subordinate its interest in favor of such mortgagees. The County shall then detarmine whether the County's funding made available through the grant agreement is sufficiently secured, which shall be when, in the County's op~mon, the market value of the subject land and its improvements less the value of all secured debt superior to the County, is equal to, or greater than, $600,000. For the purposes of this determination, the County will utilize the determination of the independent institutional first mortgage lender(s) to determine market value. Upon determining that the County's [mding made available through the grant agreement is sufficiently secured, the County shall execute and deliver a Subordination of Restrictions, thereby subordinating its interest in the Declaration of Restrictions, within five (5) business days of receipt of the written request. The Grant Agreement further provides, in relevant part, for the partial release of these restrictions as follows: In connection with the sale of the retail and office condominiums (commercial condominiums), the County shall upon the Non-Profits' written request provide within five (5) business days a Partial Release of Restrictions for such commercial condominiums thereby removing its interest in the Declaration of Restrictions affecting the commercial condominiums, provided, hovever, that the County's funding made available through the grant agreement shall be sufficiently secured by the remaining commercial condominiums which have not received a Partial Release of Restrictions. The County's interest shall be deemed sufficiently secure in the remaining commercial condominiums when, in the County's opinion, the market value of the these remaining commercial condominiums less the value of any debt superior to the County and secured by these remaining commercial condominiums, is equal to, or greater than, $600,000. In order to secure further partial releases of restrictions on the · remaining commercial condominiums when the market value of the remalmng commercial condominiums less the value of any debt superior to the County dropsbelow $600,000, the Non-Profits shall deposit a pro rata portion of the $600,000 grant ~n a restncted account for repayment to the County in the event of a default. In determining the market value, the Schedule of Values attached to the Grant Agreement as Exhibit G shall be utilized. Palm Beach County shall also provide a Partial Release of Restrictions upon receipt of full repayment of the grant attributed to the commercial condominium upon which the release is sought, utilizing the Schedule of Partial Release Prices attached to the Grant Agreement as Exhibit H. Acceptance of any such funds shall fully release the real property identified in the release from the encumbrance of the Declaration of Restrictions but shall not release the Non-Profits from any job creation requirements as stated in the Grant Agreement· Page 19 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNI'rY DEVELOPMENT CORPORATION Notwithstanding the foregoing, the restrictions set forth herein shall run with the land whether or not such commitment is obtained from a subsequent owner. At the time ttat the Non-Profits purchase a commercial condominium unit or units, the County shall release all other remaining commercial condominium units from any further restrictions. If at that time, the market value of the remaining commercial condominium(s) owned by the Non-Profits less the value of any debt superior to the County drops below $600,000, the Non-Profits shall deposit the difference in value in a restricted account or post a Letter of Credit for said amount for repayment to the County in the event of a default. Under no circumstances shall New Urban Communities Corporation, New Urban Atlantic Grove, L.L.C., Kevin E. R~ckard or TImothy Hernandez, have any obligation or I~ability whatsoever for the repayment of any sums that may be due or required tobe deposited by Non-Profits pursuant to the terms hereto. Further, Atlantic Grove Partners L.L.C., shall have no obligation or liability whatsoever for the repayment of any sums that may be due or required to be deposited by Nor,Profits pursuant to the terms hereof upon the completion of construction of the improvements described in paragraph 2 hereof. 4. The Declarant agrees to notify the County of any litigabon, suits, liens, judgements or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. Declarant shall submit to the County once each year a report detading the Declarant's compliance with the terms of the grant agreement and this Declaration of Restrictions 5 Declarant rehnquishes all rights to alter, amend, modify, or release these covenants pdor to the completion of the ten year period described above unless the amendments are done in writing and consented to by the County ~n writing. 6. In the event of any litigation necessary to enforce the terms of the Declaration, the Declarant agrees to reimburse the County for attorneys fees and costs associated with litigation. Executed this__ day of ,2002 (COMPANY SEAL) ATLANTIC GROVE PARTNERS, L.L.C. a Florida limited liability company By its Managing Member:. New Urban Atlantic Grove, L.L.C., a Florida limited liability company Witnesses: By its Manager: New Urban Communities Corporation, a Florida corporation By: (DO NOT SIGN THIS EXHIBIT) Kevin E. Rickard, Director By: (DO NOT SIGN THIS EXHIBIT) Timothy L Hernandez, Director STATE OF FLORIDA COUNTY OF PALM BEACH The forgoing instrument was acknowledged before me th~s__ day of. ,2002, by Kewn E. Rlckard and TImothy L. Hemandez who are personally known to me or have produced as ~dentlfication and who did (did not) take an oath. (Print or type name) Notary Public State of Florida at Large My Commission Expires: (Signature) (NOTARY SEAL) Page 20 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION EXHIBIT "D" SUBORDINATION OF RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS: Palm Beach County as present legal holder and owner of that certain Declaration of Restrictions dated and executed by Atlantic Grove Partners, L.L.C., in favor of Palm Beach County, said Declaration of Restrictions being recorded on in Official Record Book__., at Page , in the Public Records of Palm Beach County, Florida, encumbering the real Foperty s~tuate, lying and being in Palm Beach County, Florida, described as follows: For good and valuable consideration, to wit: Palm Beach County, has and by these presents does waive the priority of the lien of the above described Declarationof Restrictions insofar as the following described Mortgage is concerned, but not otherwise: That certain Mortgage dated , and recorded on, , in Official Record Book , Page , of the Public Records of Palm Beach County, Florida, from Atlantic Grove Partners, EEC. , Mortgagor, to _, as Mortgagee, securing payment of a Note in the original principal amount which shall not exceed $ , plus all future advances and payments made for taxes, insurance and to cure borrower's default. The undersigned Palm Beach County hereby consenting that the lien of the Declarabon of Restrictions first above described be taken as__ and inferior to the Mortgage last above described, which shall be a __ mortgage. Signed, sealed and dehvered in the presence of: WITNESS my hand and seal th~s day of W~tness Name: Witness Signature. X W~tness Name: Witness S~gnature: X By: Remar M. Harvin, Director Housing and Community Development X STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing ~nstrument was acknowledged before me this__ day of M Harvin, who is personally known to me. and who did not take an oath. ,20__, by Remar (Print or type name) Notary Public State of Florida at Large My Commission Expires: (Signature) (NOTARY SEAL) Page 21 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION EXHIBIT "E" PARTIAL RELEASE OF RESTRICTIONS Palm Beach County Florida, the owner and holder of a certain Declaration of Restrictions executed by the Atlantic Grove Partners, L.L.C. ,to the Board of County Commissioners of Palm Beach County, Florida, bearing the date of , recorded in Official Records Book . at page , of the Office of the Clerk of the CiroJit Court of Palm Beach County, Florida, in the amount of six hundred thousand dollars ($600,00D), and containing certain conditions restrictions, promises obligations made by the grantor of said Declaration of Restrictions in connection with the propeff7 situate in said county and state, and described as follows, to wit: hereby releases its interest in the above stated Declaration of Restrictions only as relates to the property described above. Signed, sealed and delivered in the presence of: Witness Name: W~tness Signature: X Witness Name: Witness Signature' X WITNESS my hand and seal this day of By: Remar M. Harvin, Director Housing and Community Development X STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of Remar M. Harvin, who is personally known to meor who has produced __ · who did not take an oath. ,20 , by N/A as identificat~onand (Print or type name) Notary Public State of Florida at Large My Commission Expires: (Signature) (NOTARY SEAL) Page 22 of 28 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION EXHIBIT "F" SCHEDULE OF JOBS TO BE CREATED/RETAINED, AND TO BE HELD BY OR MADE AVAILABLE TO LOW - AND MODERATE - INCOME PERSONS The 40 jobs (at minimum) to be created and retained through this Ag'eement must be from the list shown below: Job Title restaurantJfood service/wait staff retail sales person/cashier/clerk health/medical assistant barber/hairstylist/ma nicurist/masseuse/ spa personnel financial service assistant general customer service general clerical (including but not limited to legal, financial and property management Number of Full Time Jobs 10 7 2 5 4 5 G:\WPDATA\E NG\TKF~HC D~,tlantic-Groves-Agrmnt-9-25-02.wpd Page 23 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION EXHIBIT" G" SCHEDULE OF VALUES BY COMMERCIAL OFFICE/RETAIL SUITE BUILDING FLOOR SUITE AMOUNT EAST 1st A $372,400 EAST 1st B $341,050 EAST 1st C east $187,050 EAST 1st C west $206,115 EAST I st D $216,600 EAST 1st E $219,450 EAST 1st F $500,200 EAST 2nd A $346,860 EAST 2nd B $205,530 EAST 2nd C $211,140 EAST 2nd D $206,720 EAST 2nd E $220,320 EAST 2nd F $206,550 EAST 2nd G $205,530 EAST 2nd H $346,860 WEST 1 st A $391,020 WEST 1st B $359,000 WEST 1st C $415,330 WEST 1st D $233,700 WEST 1st E $231,000 WEST 1st F $525,210 WEST 2nd A $366,130 WEST 2nd B $217,620 WEST 2nd C $223,560 WEST 2nd D $218,880 WEST 2nd E $233,280 WEST 2nd F $218,700 WEST 2nd G $217,620 WEST 2nd H $366,130 //////////////////////////// ////////////////I////I/I/// TOTAL: $8,209,555 Page 24 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION EXHIBIT "H" SCHEDULE OF PARTIAL RELEASE PRICES FOR UNITS COMMERCIAL OFFICE/RETAIL SUITE BUILDING FLOOR SUITE AMOUNT EAST 1st A $25,718 EAST 1 st B $24,793 EAST 1st C east $13,992 EAST 1st C west $13,992 EAST 1 st D $15,746 EAST I st E $15,953 EAST 1st F $34,544 EAST 2nd A $26,616 EAST 2nd B $16,699 EAST 2nd C $17,155 EAST 2nd D $16,796 EAST 2nd E $17,901 EAST 2nd F $16,782 EAST 2nd G $16,699 EAST 2nd H $26,616 WEST 1st A $25,718 WEST 1st B $24,793 WEST 1 st C $27,983 WEST 1st D $15,746 WEST 1st E $15,953 WEST 1st F $34,544 WEST 2nd A $26,616 WEST 2nd B $16,699 WEST 2nd C $17,155 WEST 2nd D $16,796 WEST 2nd E $17,901 WEST 2nd F $16,782 WEST 2nd G $16,699 WEST 2nd H $26,613 //////////////////////////// /////////////////////////// TOTAL: $600,000 Page 25 of 26 THE CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION Page 26 of 26 Date: September 27, 2002 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular __ Special When: October 1, 2002 Description of Agenda Item: Grant Request for the Atlantic Grove Redevelopment Project Ordinance/Resolution Required: Yes / No Draft Attached: __ Workshop __ Consent Yes / No Recommendation: Approval Department Head Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Altematives: Account # & Description: Account Balance: (if applicable) Ci_ty Manager Review: Approved for agenda:(~ / No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM# IV ~'~ . REGULAR MEETING OF OCTOBER 1~ 2002 ORDINANCE NO. 44-02 (AMENDIN(~ LAND DEVELOPMENT REGULATIONS) SEPTEMBER 27, 2002 This is second reading and second public heating for Ordinance No. 44-02 which amends the Land Development Regulations (I.DR) by amending Section 4.4.21, "Community Facilities (CF) Disrricf', Subsection (I-I),"Special Regulations" by adding a new Paragraph (3) and amending Section 4.3.4(I0, "Development Matrix". The modified Section 4.4.21 provides a minimum of 10% non-vehio~l~r open space for CF (Community Facilities) zoned properties in the West Atlantic Redevelopment Area. Section 4.3.4(K) adds setback and open space requirements. All landscape requirements for parking lots and proper buffering of residential area still apply while permitting property owners to create pedestrian plazas and outdoor dining areas in place of landscape areas. The Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony regarding this proposal. After discussing this amendment, the Board voted 6-0 to recommend the request be approved, based upon a positive finding with LDR Section 2.4.50V0(5) that the text amendment is consistent with and furthers the goals, objectives, and policies of the City's Comprehensive Plan. At first reading and first public hearing on September 17, 2002, the City Commission passed the Ordinance No. 4~. 02 unanimously. Recommend approval of Ordinance No. 44-02 on second and final reading. S:\Caty Cha'kkchevelle folder\agenda mem~\Ot~44.02OpenSpace. 10.1.02 TO: THRU: FROM: SUBJECT: DAVID T. H~~::I'~A~G~ER PAUL DORLING, DIRE PLANNING AND Z G JEFFREY A. COSTELLO, PRINCIPAL PLANNE MEETING OF SEPTEMBER 17, 2002 ,~ v CONSIDERATION OF AN AMENDMENT TO THE CF ZONING DISTRICT REGULATIONS RELATING TO OPEN SPACE REQUIREMENTS WITHIN THE WEST ATLANTIC AVENUE REDEVELOPMENT AREA. The proposal is to amend the CF zoning district regulations to allow 10% of open space for CF zoned properties within the West Atlantic Avenue Redevelopment Area where 25% is currently required. In May of 1995, an amendment to the CBD (Central Business District) regulations reduced the 25% open space requirement for the district to 10% and eliminated open space requirements for properties within one block of East Atlantic Avenue. In 1995, in response to the recommendations outlined in the West Atlantic Avenue Redevelopment Plan, the open space requirement in the GC zoning district within the West Atlantic Overlay District was reduced to 10%. With this amendment, all landscape requirements for parking lots and proper buffering of residential areas will still apply. Those requirements ensure proper buffering of residential areas, while permitting property owners to create pedestrian plazas and outdoor dining areas in place of landscape areas. Also, the proposed language states that 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. This change is also supported by the West Atlantic Redevelopment Plan and the recently adopted Downtown Master Plan. Given the above, it appears appropriate to make this change. Additional background and an analysis are found in the attached Planning and Zoning Board staff report. Planning and Zoning Board: The Planning and Zoning Board held a public headng regarding this item at its meeting of August 19, 2002. There was no public testimony regarding the proposal. After discussing the amendment, the Board voted 6-0 (Randolph absent) to recommend to the City Commission approval of the amendment to LDR Sections 4.4.21(H) and 4.3.4(K) (Development Matrix), based upon positive findings with LDR Section 2.4.5(M)(5). Community Redevelopment Agency: At its meeting of August 8, 2002, the CRA reviewed and recommended approval of the proposed LDR text amendment with the condition that the Site Plan Review and Appearance Board (SPRAB) retain the ability to require additional landscaping where necessary. Downtown Development Authority {DDA): At its meeting of August 21, 2002, the DDA reviewed and recommended approval of the proposed text amendment. West Atlantic Avenue Redevelopment Coalition (WARC): At its meeting of September 11, 2002, the WARC reviewed and recommended approval of the proposed LDR text amendment. By motion, approve on first reading the text amendment to the Land Development Regulations Sections 4.4.21(H) and 4.3.4(K) (Development Matrix), based upon positive findings with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan, and setting a public hearing date of October 1, 2002. i ~,.~' Attachments: Planning & Zoning Board Staff Report of August 19, 2002 & Ordinance No. 44-02 ORDINANCE NO. 44-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION (H), "SPECIAL REGULATIONS", BY ADDING A NEW PARAGRAPH (3) TO PROVIDE FOR A MINIMUM OF 10% NON-VEHICULAR OPEN SPACE FOR CF ZONED PROPERTIES IN THE WEST ATLANTIC AVENUE REDEVELOPMENT AREA; AND BY AMENDING SECTION 4.3.4(K), "DEVELOPMENT MATRIX", TO ADD SETBACK AND OPEN SPACE REQUIREMENTS; 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 19, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DI~.I.RAY BEACH, FLORIDA, AS FO! .I.OWS: Section 1. That Section 4.4.21, "Community Facilities (CF) District", Subsection (H), "Special Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding a new Paragraph (3) to read as follows: Section 4.4.21 Community Facilities (CF) District (H) SpecialRegulations: (3) For CF zoned properties located within the W. est Atlantic Avenue Redevelopment Area. a minimum of 10% non-vehicular open space shall be provided. Notwithstanding the provisions of this section, the body acting upon a development application may require additional open areas, including but not limited to courtyards, plazas, and landscaped setbacks, in order to add interest and provide rehef from the building mass. All landscape requirements for parking lots and buffeting of residential properties, pursuant to Sections 4.6.5 and 4.6.16, shall apply. Section 2. That Section 4.3.4(K), "Development Standards Matrix" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by amending the "OTHER" column of the Development Standards Matrix relating to the Community Facilities (CF) zoning district to read as follows: Refer to Section 4.4.21 (H) for additional setback and open space requirements. Section ~. 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 th_an 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 mediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 44-02 MEETING OF: AGENDA ITEM: ' PLANNINGAND ZONING BOARD MEMORADUMSTAFF REPORT AUGUST 19, 2002 lV.F. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO THE CF (COMMUNITY FACILITIES) ZONING DISTRICT RELATING TO OPEN SPACE REQUIREMENTS FOR PROPERTIES LOCATED WITHIN THE WEST ATLANTIC AVENUE REDEVELOPMENT AREA. The item before the Board is that of making a recommendation to the City Commission on an LDR text amendment to the CF (Community Facilities) zoning district relating to open space requirements for properties within the West Atlantic Avenue Redevelopment Area. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Comprehensive Plan calls for the preparation of redevelopment plans in certain areas of the city where blighted conditions exist. The West Atlantic Avenue Redevelopment Plan covers the West Atlantic Avenue Corridor including the area one block north and south of West Atlantic Avenue, between 1-95 and Swinton Avenue; and the 100 Block of NW 5th Avenue (between NW 1st Street and Martin Luther King Jr. Drive/NW 2nd St.). The Plan was adopted by the City in 1995 and amended in 1998 and 2000. The West Atlantic Avenue Overlay District, which was created to implement recommendations contained in the Redevelopment Plan, required a number of text amendments to the Land Development Regulations. Processing of those amendments began immediately following adoption of the Redevelopment Plan and was approved by the City Commission on December 5, 1995. In 2000, the second amendment to the Redevelopment Plan identified two text amendments, which were recommended in the original Redevelopment Plan but were not processed. The amended Redevelopment Plan again recommended that these changes be made, which related to requiting all drive-through facilities as a conditional use and reducing the front setback to 5' for properties fronting on NW and SW 5th Avenues. An additional change recommended with the amended Redevelopment Plan IV.F. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment- CF Zoning District Open Space Requirement Page 2 dealt with the modification to the parking requirements relating to hotels and motels. These LDR amendments were approved by the City Commission on October 16, 2001. The current proposal is to amend the CF zoning district regulations to allow a 10% open space requirement for CF zoned properties within the West Atlantic Avenue Redevelopment Area. The definitions in the Land Development Regulations refer to open space as landscape area only. In May of 1995, an amendment to the CBD (Central Business District) regulations reduced the 25% open space requirement for the district to 10% and eliminated open space requirements for properties within one block of East Atlantic Avenue, between Swinton Avenue and the Intracoastal Waterway. In 1995, in response to the recommendations outlined in the West Atlantic Avenue Redevelopment Plan the open space requirement in the West Atlantic Overlay of the GC zoning district was reduced to 10%. Given this amendment, the majority of the properties in the West Atlantic Avenue Redevelopment Area now have a minimum 10% open space requirement. The few exceptions are the CF zoned properties within the first blocks of West Atlantic Avenue. As the intent of applying the 10% open space was to promote redevelopment in the urban core, it appears appropriate to apply the 10% requirement throughout the West Atlantic Avenue corridor. This amendment will effect the open space requirement only and all landscape requirements for parking lots and proper buffering of residential areas will still apply. Those requirements ensure proper buffering of residential areas, while permitting property owners to create pedestrian plazas and outdoor dining areas in place of landscape areas. In addition, the proposed amendment will include language which will allow the body acting upon a development application to require additional open areas, including but not limited to courtyards, plazas, and landscaped setbacks, in order to add interest and provide relief from the building mass. Based upon the above, it is appropriate to apply the same open space requirement for CF zoned properties within the West Atlantic Avenue Redevelopment Area. Further, a recommendation of the Downtown Delray Beach Master Plan is to create an attractive public plaza adjacent to the Fire Station Headquarters (zoned CF) at the northwest corner of Atlantic Avenue and NW 5th Avenue. This reduction of landscape area to accommodate hardscape may reduce the open space requirement below the 25%. Further, similar changes to other CF zoned properties in the oveday distdct (Courthouse, Tennis Center) to accommodate recommendations of the Downtown Delray Beach Master Plan, such as public plazas and/or public art or a parking garage adjacent to the courthouse, would result in a similar problem. Thus, it is appropriate for all properties along Atlantic Avenue east of 1-95 to have the same open space requirement to better accommodate recommendations of the Downtown Delray Beach Master Plan and West Atlantic Avenue Redevelopment Plan. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment- CF Zoning District Open Space Requirement Page 3 In addition to the proposed changes, the development matrix of Section 4.3.4(K) is being amended to reference the CF regulations for additional setback and open space requirements. REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Requlations~ Findinqs: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was noted: Future Land Use Element Policy C-1.5: The following pertains to the Atlantic Avenue Redevelopment Area: ... The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission July 11, 1995. The plan establishes Future Land Use Map Designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan .... Future Land Use Element Policy C-4.2 The "Downtown Deiray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sear character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The proposed amendments are consistent with the recommendations in the West Atlantic Avenue Redevelopment Plan for special development standards for the Oveday District to promote redevelopment of the corridor in accordance with guidelines established by the community dudng the "Visioning" process and refined by the Visions West Atlantic Steering Committee. These recommendations are also consistent with citizens' vision and recommendations outlined in the Downtown Delray Beach Master Plan. The amendments will ensure that future development is in accordance with the reference plans. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment- CF Zoning District Open Space Requirement Page 4 .-REVIEW BY OTHERS Community Redevelopment Agency: The proposed amendment was reviewed by the CRA on August 8, 2002. The Board recommended approval with the condition that the Site Plan Review and Appearance Board (SPRAB) retain the ability to require additional landscaping where necessary. West Atlantic Avenue Redevelopment Coalition (WARC): The proposed amendment will be reviewed by the WARC at its meeting of September 11, 2002. Their recommendation will be forwarded to the City Commission. Downtown Development Authority (DDA): The proposed amendment will be reviewed by the DDA at its meeting of August 21, 2002. Their recommendation will be forwarded to the City Commission. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Recommend approval of the proposed amendments. 3. Recommend denial of the proposed amendment, in whole or in part. RECOMMENDED ACTION Recommend to the City Commission approval of the attached amendment to LDR Section 4.4.21(H) and Section 4.3.4(K) (Development Matdx), based upon positive findings with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. CITY COMMISSION DOCUMENTA¥1ON '~ i TO: THRU: FROM SUBJECT: DAVID T. HARDEN CITY MANAGER ~.~, ~ .. ..' z DAN MARFINO, PRINCIPAL PLANNER,,~¢'~ MEETING OF OCTOBER 17 2002 FIRST READING TRANSMITTAL OF COMPREHENSIVE (02-2). AND PLAN AMENDMENT 2002-2 The City Commission initiated Comprehensive Plan Amendment 02-2 on August 20, 2002. One privately initiated Future Land Use Map Amendment, the Meridian Parcel, has been added to this amendment. In addition, a City Initiated Text Amendment regarding the disposition of services provided to the Planning Area, has also been included. The remaining items in the Plan Amendment consist of four (4) City Initiated text changes. Full analysis of each of the items is contained in the attached Comprehensive Plan amendment. A brief description of each item is listed below also attached. The Planning and Zoning Board held its public hearing regarding the amendment on September 23, 2002. During the Public Hearing, John Bennett, speaking as the President of PROD, made general comments. In addition, Cary Glickstein, provided clarification on issues regarding his privately initiated FLUM amendment (Meridian Parcel). After discussion, the Board unanimously (5-0, Krall and Pike absent) to recommended the City Commission approve the amendment on first reading and transmit Comprehensive Plan Amendment 02-2 to the Florida Department of Community Affairs. RECOMMENDED By motion, recommend that the City Commission transmit to the Florida Department of Community Affairs, proposed Comprehensive Plan Amendment 02-2, containing the material in the staff report and attachment. Attachments: · Summary of Comp Plan Amendment 02-2 · Comprehensive Plan Amendment 02-2 S.\LongRange\CompV~.mend 02-2\02-2 ccxmittal.doc ORDINANCE NO. 47-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALI. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHERFAS, the Plmaning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2002-2; and, WHERRAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on September 23,2002 in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public horing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2002-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2002-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public heatings on Comprehensive Plan Amendment 2002-2 was held by the City Commission on October 1, 2002, at which time it was authorized to be transmitted to the Depatmient of Community Affairs for reqtfired review; and WHEREAS, Comprehensive Plan Amendment 2002-2 was found to be in compliance by the Florida Depaxtment of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public heatings on Comprehensive Plan Amendment 2002-2 was held on December 3, 2002, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2002- 2", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Phn Amendment 2002-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 47-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 47-02 TEXT AMENDMENTS: · Modification of the definitions section of the Public Schools Facilities Element, by adding numerous new definitions. Modification of Policy B-2.1 of the Future Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CDB (Central Business District). · Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the beach renourishment project. Modification of the Introduction and Summary of Major Features (Planning Area subsection), Objective B-3, and Policies B-3.1 & B-3.2 of the Future Land Use Element, all regarding the provision of services to land within the Planning Area. PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Privately initiated Future Land Use Map amendment for a 16' x 70' parcel of land associated with the Meridian Townhouse Development, from LD (Low Density, 0-5 du/acre) to CC (Commercial Core), and rezoning from R-l-AA (Single-family Residential) to CBD (Central Business District). The parcel is approximately 0.02 acres in size and is located on the north side of S.E. 4TM Street, approximately 120 east of S.E. 6TM Avenue (Federal Hwy. - Northbound). CITY OF DELRAY BEACH, FLORIDA COMPREHENSIVE PLAN AMENDMENT 2002 2 Planning & Zoning Board Transmittal Public Hearing September 23, 2002 City Commission Transmittal Public Hearing October 1, 2002 COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-2 I ~ TABLE OF CONTENTS ~ Paqe AMENDMENTS TO THE FUTURE LAND USE MAP Meridian Parcel TEXT CHANGES - (CITY INITIATED) Definitions Section, Public Schools Facilities Element 4 Policy B-2.1, Future Land Use Element (Concurrency w/respect to public schools) 4 Policy A-2.4, Future Land Use Element (Location of auto dealerships) Inventory and Analysis, Coastal Management Element (Completion of the recent beach renourishment project) 6 Introduction and Summary of Major Features (Planning Area subsection), Objective B-3, Policy B-3.1 & Policy B-3.2, Future Land Use Element, (regarding the provision of services to land within the Planning Area) COMPREHENSIVE PLAN AMENDMENT 02-2 CITY OF DELRAY BEACH, FLORIDA AMENDMENTS TO THE FUTURE LAND USE MAP PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Meridian Parcel · Privately initiated Future Land Use Map amendment for a 16' x 70' parcel of land associated with the Meridian Townhouse Development, from LD (Low Density, 0-5 du/acre) to CC (Commercial Core), and rezoning from R-l-AA (Single-family Residential) to CBD (Central Business District). The parcel is approximately 0.02 acres in size and is located on the north side of S.E. 4TM Street, approximately 120 east of S.E. 6TM Avenue (Federal Hwy. - Northbound). See Support Document #1 (Meridian Parcel Future Land Use Map Amendment staff report) CITY INITIA TED TEXT CHANGES 1) Location: Pg. PS-22, Definitions Section, Public Facilities Element CONSISTENCY - The condition of not being in conflict with and in furtherance of the goals, objectives and policies of the Comprehensive Plan Elements and the I nterlocal Agreement. CONCURRENCY SERVICE AREA LEVEL OF SERVICE STANDARDS - The maximum acceptable percentage of school utilization as identified in the Intedocal Agreement determined by dividing the total number of students for all schools of each type of school in each CSA by the total number of permanent student stations for that type of school in each CSA. DEVELOPMENT ORDER -As defined in Section 163.3164(7) Florida Statutes. (,/) EDUCATIONAL FACILITIES -The buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve educational purposes only. FINANCIALLY FEASIBLE FACILITIES PLAN - A plan which demonstrates the ability to finance capital improvements from existing revenue sources and funding mechanisms to correct deficiencies and meet future needs based on achieving and maintaining the adopted level of service for each year of the five (5) year planning period for all schools of each type in each CSA, and each individual school, and for the long range planning period. INTERLOCAL AGREEMENT - Agreement between the Palm Beach County Board of County Commissioners, the Municipalities of Palm Beach County, and the Palm Beach County School Board effective January 25, 2001. LEVEL OF SERVICE (LOS) -The measure of the utilization, expressed as a percentage, which is the result of comparing the number of students enrolled in any school with the satisfactory student stations (FISH capacity) at a given location or within a designated area (i.e., a CSA), e.g., a facility with 1000 students and a FISH capacity of 970, has a LOS of 103%. Also referred to as the utilization of a facility. MAXIMUM UTILIZATION OF CAPACITY - Utilization of facilities to ensure the ADOPTED LOS for all schools of each type in each CSA and each individual school is not exceeded. MUNICIPALITIES -All municipalities in Palm Beach County, except those that are exempt from participating in the school concurrency program, pursuant to Section 163.3180, Florida Statutes. PERMANENT STUDENT STATION - The floor area in a public school facility required to house a student in an instructional program. PROPOSED NEW RESIDENTIAL DEVELOPMENT - Any application for residential development or amendment to a previously approved residential development that increases the number of housing units. This shall include any request for any approval of the type that establishes a density of development and which approves a site specific development order on a specific parcel of property. RESIDENTIAL DEVELOPMENT - Any development that is comprised in whole, or part, of dwelling units; for permanent human habitation. SCHOOL BOARD - The governing body of the SCHOOL DISTRICT, a body corporate pursuant to Section 230.21 Florida Statutes. SCHOOL DISTRICT - The district for Palm Beach County created and existing pursuant to Section 4, Article IX of the State Constitution. (2) SCHOOL DISTRICT'S FIVE YEAR CAPITAL FACILITIES PLAN - The SCHOOL DISTRICT of Palm Beach County Five Year Work Plan and Capital Budget as authorized by Section 235.185 Florida Statutes. SCHOOL DISTRICT'S SIX YEAR CAPITAL IMPROVEMENT SCHEDULE - A Table of expenditures and revenues detailing how the SCHOOL DISTRICT shall achieve and maintain the LOS for public school facilities. SITE SPECIFIC DEVELOPMENT ORDER - A development order issued by a Local Government which establishes the density, or maximum density, and which approves a specific plan of Development on a lot or lots pursuant to an application by or on behalf of an OWNER or CONTRACT PURCHASER, including applications initiated by a Local Government. It may apply to a lot ~r lots under single ownership or a group of lots under separate ownership. It shall apply to all parcels or lots in their entirety taken together of any subdivision. It includes site specific rezonings, special exceptions, conditional uses, special permits, master plan approvals, site plan approvals, plat approvals, BUILDING PERMITS and any Development of Regional Impact as defined in Section 380.06, F.S. It may or may not authorize the actual commencement of development. Two (2) or more development orders which individually do not constitute a site specific development order shall be considered a site specific development order if when taken together they meet the definition of a site specific development order. STUDENT GENERATION MULTIPLIER - As published by the SCHOOL DISTRICT of Palm Beach County, the number of students per household determined by type and size of residential unit. STUDENT STATION - The net square footage requirements per student based upon the instructional program to be housed as defined by FISH. TYPE OF SCHOOL Schools in the same categories of education, i.e. elementary, middle or high school. VALID DEVELOPMENT ORDER - A DEVELOPMENT ORDER which: was issued by a LOCAL GOVERNMENT: (1) in accordance with proper procedure and in compliance with state law, and the land development regulations and codes, administrative rules and procedures, and general policies of local governments, and the requirements of all other agencies; (2) not by mistake; and (3) which has not expired, lapsed, or been abandoned, revoked, or canceled, by operation of law, or by the local government or pursuant to the local government land development or pursuant to the local government land development regulations or codes, rules, or policies. Change: ADDITION Comment: These definitions are being added to provide a more comprehensive definition section for this element. All definitions included were taken directly from Palm Beach County's School Concurrency Implementing Ordinance. Some (3) definitions were modified slightly to be specific to the City of Delray Beach, as opposed to the more general references of "Palm Beach County" and "local governments". 2) Location: Pg. FL-26, Policy B-2.1, Future Land Use Element (Concurrency- Requirement of Provision of Facilities) Policy B-2.1 Services and facilities shall be provided pursuant to the levels of service as established elsewhere in this Plan, concurrent with occupancy. For water facilities, concurrency shall mean that direct connection to a functioning municipal system is made. For sewer facilities, concurrency shall mean th,at direct connection to a functioning municipal system is made; or, where such facilities are not reasonably accessible (as defined in the Land Development Regulations), connection to a septic system that meets the requirements of the County Health Department. For public schools concurrency shall be defined as the improvement is in place or construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County Six Year Capital Improvement Schedule, as reflected in Table SD-CIP of the Capital Facilities Element. For streets, drainage, and other facilities concurrency shall be determined by the following: the improvement is in place prior to issuance of the occupancy permit; the improvement is bonded, as a part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; the improvement is a part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Change: MODIFICATION Comment: This policy is being modified to add a specific reference to Public Schools Concurrency. 3) Location: Pg. FL-24, Policy A-2.4, Future Land Use Element (Location of Auto Dealerships) Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to propedy control these uses and guide them to locations which best suit the community's future development, the following shall apply: 1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. (4) 2) Automobile dealerships shall not locate and/or expand in the following areas: Within the CBD zone district; [] West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; r~ On properties fronting George Bush Boulevard, east of Federal Highway.. However, on the east side of Federal Highway, south of N.E. 6th Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. 3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 4) Automobile dealerships shall be directed to the following areas: [] North of George Bush Boulevard, between Federal and Dixie Highways; East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; South of Linton Boulevard, between Federal and Dixie Highways; Between the one-way pairs (Federal Highway), from S.E. 3rd 4th Street to S.E. 10th Street; and from N.E. 5th Street to George Bush Boulevard; On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue, and along Wallace Drive. 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. Change: MODIFICATION Comment: At its meeting of December 5, 2000, the City Commission approved Ordinance 33-00, which rezoned Block 112 (between the Federal Highway pairs, from SE 3rd Street to SE 4th Street) from AC (Automotive Commercial) to CBD (Central Business District). As a result of this rezoning, the 4th bullet of the 4th subsection of the above policy (which directs automotive uses to the area from S.E. 3rd Street to S.E. 10th Street, between the Federal Pairs), became in conflict with the 1st subsection (which states no auto related uses are permitted in the CBD zone district). In order to provide internal consistency for this Policy, the 4th subsection is being modified to reflect the rezoning to CBD. (5) Block 112 has subsequently received site plan approval for an 84-unit townhouse development, known as Mallory Square. This project is currently under construction. 4) Location' Pg. CM-5, Inventory & Analysis, Coastal Management Element (Management of Natural Resources subsection, 3rd paragraph) The City has one of the premier beach erosion control and nourishment programs in the State. In 1973, the City constructed an initial beach restoration, placing 1.6 million cubic yards of sand in a 2.7 mile project area by hydraulic dredging from a.n offshore borrow area. Maintenance nourishment projects were constructed in 1978, 1984, and 1992, and 2002. Beach restoration and maintenance is an on-going project, with periodic maintenance nourishments. The next required nourishment is projected for the year 2000 2010. The beach nourishment project has successfully provided storm protection for upland property. Since 1973, there has been no damage to upland property due to erosion or storm damage. Change: MODIFICATION Comment: This section is being modified to reflect the mopst recent beach renourishment project, completed earlier this year. 5) A. Location: Pg. IN-3, Introduction and Summary of Major Features THE PLANNING AREA The Planning Area is that area which is projected to be the ultimate incorporated area for the City of Delray Beach;. The City may provide a full or limited range of municipal services to the unincorporated portion of the Planninq Area, before annexation '-"'~ The actual limits of the Planning Area are shown in Map 1, and the Planning Area itself is discussed in greater detail in the Land Use and Population Data section of the Future Land Use Element. Change: MODIFICATION Location: Pg. FL-28 Objective B-3, Future Land Use Element Pg. FL-28 Policy B-3.1, Future Land Use Element Pg. FL-28 Policy B-3.2, Future Land Use Element Objective B-3 The City of Delray Beach sba!! may provide facilities and limited services for that area within its planning boundaries which is not yet annexed. The City shall annex such properties in a timely manner. (6) Policy B-3.1 Services shall be provided to unincorporated areas upon annexation and they shall be at a level which exists for land uses elsewhere in the City under the same or similar conditions. In circumstances where it not feasible or appropriate to accomplish annexation, individual services (e.g. fire protection, code enforcement), may be provided to unincorporated parcels within the Planning Area, through an interlocal agreement. This paragraph shall not apply to water and sewer services, in areas which received these services from Palm Beach County, prior to annexation. Policy B-3.2 Water and sewer facilities sh3!! may be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of services. Comment: The above listed changes are intended to modify the Comprehensive Plan in order to allow certain unincorporated portions of the Planning Area, the ability to obtain water and/or sewer service from Palm Beach County, while not giving up the ability to annex them at some future date. As the Comprehensive Plan is currently written, the City must provide all municipal services upon annexation. In certain situations, it maybe more cost-effective to have Palm Beach County provide some hard infrastructure costs, such as water and sewer services, prior to or even after annexation. The only way to achieve this currently is to remove the subject parcels from the Planning Area, which negates the ability to annex them in the future. S:\LongRange\Comp~,rnend 02-2\02-2amendment.doc (7) CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 Meridian Parcel FLUM Amendment Staff Report SD #1 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM' ITEM: September 23, 2002 IV. E.' Future Land Use Amendment From LD (Low Density Residential 0-5 du/ac) To CC (Commercial Core) and Rezoning From R-l-AA (Single Family Residential) To CBD (Central Business District) For a Parcel of Land Associated With the Meridian Mixed-Use Development. GENERAL DATA: Owner/Applicant .......................... Mallory II, LLC Agent .......................................... Ironwood Properties, Inc. Location ...................................... North Side of SE 4th Street, Approximately 127 Feet East of SE 6th Avenue (Northbound Federal Highway) Property Size .............................. 0.025 Acres Future Land Use Map ................ LD (Low Density Residential 0-5 Du/Acre) Proposed FLUM ........................ CC (Commercial Core) Current Zoning ............................ R-l-AA (Single Family Residential) Proposed Zoning ........................ CBD (Central Business District) Adjacent Zoning ................ North: CBD (Central Business East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. District) R-l-AA (Single Family Residential) GC (General Commercial) & R-l-AA (Single Family Residential) CBD (Central Business District) Single Family Residence Parking associated with the construction of mixed use development that consists of 22 townhouses and 23,228 square feet of office space. Existing on site. Existing on site. ATLANTIC AVEN. UE FID£uTY FEDc'"RAL DANK i 2ND 3RD The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from LD (Low Density Residential/0-5 dwelling units per acre) to CC (Commercial Core) and rezoning from R-l-AA (Single Family Residential - Medium Density) to CBD (Central Business District) for property located on the north side of SE 4th Street, approximately 110' east of SE 6th Avenue (Federal Highway). Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The property is the west 16' of Lot 28, Block 120 of the Town of Delray subdivision and contains 0.025 acres. The remainder of Lot 28 contains a single family residence and is zoned R-l-AA. The western 16', which is the subject of the FLUM and Rezoning applications, is not located in the Marina Historic District. This portion of the property contains a driveway and canopy that is attached to the adjacent single family home to the east. The house on the balance of the property was built in 1934 and is located in the Marina Historic District oveday and is considered a contributing structure. At its meeting of December 5, 2000, the City Commission approved a FLUM and Zoning Map change to the western portion of Block 120 of the Town of Delray subdivision. These actions change the FLUM designation from GC (General Commercial) to CC (Commercial Core) and the zoning designation from GC (General Commercial) to CBD (Central Business District). At its meeting of August 28, 2002 the Site Plan Review and Appearance Board approved a site plan for a mixed use development consisting of 22 townhouses and 20 offices known as The Meridian. The applicant proposes to incorporate the western 16' of the subject property into this development to be used for parking and landscape area. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2002-02. LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Planning and Zoning Board Sta,..~eport The Meridian - FLUM Amendment and Rezoning Page 2 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 proposed parking and landscape area is allowed as an accessory use to the approved mixed use development known as The Meridian in the CBD (Central Business District) zoning district. The CBD zoning district is consistent with the proposed Commercial Core Future Land Use Map designation. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. As noted in the Background section of this report, the FLUM designations of the properties to the west were recently changed to Commercial Core and rezoned to CBD. These actions were taken in order to extend the downtown area as it was deemed more appropriate than the existing uses, which were primarily automotive related. The mixed use project known as The Meridian was approved to the west of the subject property. The eastern boundary of this project is generally uniform except for the subject 16' at the southern end. It has been the developer's intention to incorporate this 16'-wide parcel for additional parking. This action will provide a uniform boundary along the east side of The Meridian development. The proposed FLUM amendment will fulfill Future Land Use Element Policy C-4.2, stated as follows: Planning and Zoning Board Sta,, ,<aport The Meridian - FLUM Amendment and Rezoning Page 3 Future Land Use Element Policy C-4.2: A special CBD plan shall be developed jointly by the CRA and the City. It shall address the maximum development which can be accommodated in a competitive market while still retaining the "village like, community by-the-sea" character of the CBD. It shall further identify the infrastructure requirements, including parking, which will be needed to accommodate such an intensity of development. Such a plan shall be formally processed as an amendment to the Comprehensive Plan. The plan shall be instituted under the lead of the Community Redevelopment Agency but conducted through close participation with the City's Planning and Zoning Department. The CBD plan has been adopted and is now known as the Downtown Delray Beach Master Plan (adopted March 19, 2002). The Master Plan indicates that "Increasing residential density is absolutely crucial to ensure a healthy and lasting life to the District that will contribute to the vitality of the area." The Master Plan also encourages the establishment of shared parking in the downtown core area. The Meridian development participated in the City's shared parking program. However, despite the shared parking provisions the development is required to contribute six parking spaces ($72,000) towards the City's in-lieu program. Inclusion of the subject property will allow the developer to include additional parking spaces on-site rather than full contribution to the in-lieu program. Therefore, it is appropriate that the proposed FLUM and Zoning Map designations be applied to the property as they are consistent with the Master Plan with respect to parking needs in the downtown area. Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment, a positive finding can be made with respect to fulfilling a demonstrated need. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the policy mentioned above as well as other goals, objectives and policies of the City's Comprehensive Plan. The FLUM amendment will also address the following Comprehensive Plan Policy: Future Land Use Element Policy A-1.2- Zoning changes which would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. It is recognized that the proposed FLUM and Rezoning will not significantly increase the depth of The Meridian property. However, it will be sufficient to increase the amount of on-site parking and reduce the amount of spaces that will be contributed via the in-lieu fee program. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Planning and Zoning Board Sta,..<eport The Meridian - FLUM Amendment and Rezoning Page 4 The proposal involves the FLUM amendment on a 0.025 acre parcel from LD to CC and a rezoning from R-loAA to CBD. With the current FLUM and Zoning Map designations, the property could not be redeveloped, as it does not meet the minimum lot size, lot width, lot depth, and lot frontage in the R-l-AA zoning district. Given the size of the subject property, redevelopment to a use other than the proposed accessory parking area is unlikely. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Based on the finding by the Planning and Zoning Board and City Commission for the FLUM and Rezoning for the balance of The Meridian property, the designation change for the subject property would be compatible with the adjacent single family neighborhood to the east. The existing surrounding land uses are vacant to the north, single family residential to the south and east, and mixed use office and residential (The Meridian) to the west. The FLUM designations of the surrounding uses are CC (Commercial Core) to the north and west, LD (Low Density Residential 0-5 dwelling units per acre) to the east, and GC (General Commercial) to the south. The proposed designation change will "square-off" the district boundaries, which are Commercial Core along the west side of Block 120 and residential along the east side. Based on the above, a positive finding with respect to compatibility can be made. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 0.025 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. Future redevelopment will be directed by the Master Plan, which will comply with the City's Land Development Regulations. It is noted that the conveyance of the 16'- wide parcel will create a nonconformity with respect to the rear setback of the single family residence to the east. The required setback in the R-l-AA zoning district is 10' from the property line. When the property is conveyed to The Meridian, the rear setback would be approximately 5'. In order to compensate for this nonconformity, the property owner of the single family residence must apply and be granted a variance from the Historical Preservation Board. Since the conveyance of the property will eliminate the driveway and carport of the single family residence, an alternative parking design must be provided. A condition of the FLUM amendment is that a variance must be submitted and granted for the rear yard setback and that alternative parking be provided. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be made. Section 3.2.2 (Standards for Rezoninq Actions): Standards B and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: Planning and Zoning Board Sta,. ,<eport The Meridian - FLUM Amendment and Rezoning Page 5 (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is located within the area identified as stable on the Residential Neighborhood Categorization Map. The development pattern along SE 6th Avenue (northbound Federal Highway) is such that the western halves of the blocks on the east side of the road have been developed as commercial. The subject property is the only instance where the residential zoning has encroached onto the western half of the block. The CBD zoning district is the established zoning classification along the western half of these blocks. Therefore, residential zoning for this parcel is not appropriate. Therefore, this policy should not be applicable given the existing development pattern. (c) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed rezoning would designate the 0.025 piece of land as CBD and thereby slightly increasing the depth of The Meridian property along SE 6~h Avenue (Federal Highway) which is also zoned CBD. The proposed rezoning will allow The Meridian mixed use development to construct additional parking spaces thereby reducing the need for in-lieu parking spaces making for a better office and residential development. (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 property: Direction Zoninq Uses North CBD West CBD South GC East R-1-A Atlantic Center Shoppes Mallory Square townhouses Single family residences Single family residences The proposed rezoning is compatible with the adjacent land uses and consistent with the development pattern along Federal Highway. As noted, in the background section of this report, the Planning and Zoning Board and City Commission made a finding that the CBD zoning district is compatible with the Planning and Zoning Board Sta.. ,{eport The Meridian - FLUM Amendment and Rezoning Page 6 surrounding properties when the properties to the north and west were rezoned on December 5, 2000. Section 2.4.5(D)(5) (Rezoning Findinc~s): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, 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: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. As noted previously, development pattern along SE 6th Avenue has been established such that the western half of the blocks have developed as commercial where the eastern half has been developed as residential. The proposed rezoning to CBD is the correct zoning designation for the proposed Commercial Core FLUM designation. The proposed rezoning will "square-off" the zoning boundaries consistent with the remainder of the block. Therefore, a finding can be made the rezoning fulfills subsections "b" and The property is not in an area that requires review by the DDA (Downtown Development Authority). Community Redevelopment Agency (CRA): The CRA reviewed the FLUM amendment and Zoning Map change at its meeting of September 12, 2002 and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Planning and Zoning Board Sta,. ,~,eport The Meridian - FLUM Amendment and Rezoning Page 7 · Beach Property Owners Via Marina · PROD · Presidents Council The proposed amendments will provide a consistent boundary between the west (commercial) half of the block and the east (residential) half. It is noted that the conveyance of the 16'-wide parcel will create a nonconformity with respect to the rear setback of the house. A condition of the FLUM amendment is that a variance application is submitted and a variance is granted for the rear setback by the Historic Preservation Board and that the parking is relocated elsewhere on the property. Furthermore, the proposed designation changes are consistent with the Downtown Delray Beach Master Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment and Rezoning can be recommended for approval based on the findings outlined in this report. ' ' ! A. Continue with direction. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Recommend denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the proposed FLUM Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CC (Commercial Core), subject to the condition that a variance application is submitted and granted for the reduction of the rear yard setback, replacement of parking elsewhere on the property, and approval of the Rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Planning and Zoning Board St~.. ?,eport The Meridian - FLUM Amendment and Rezoning Page 8 Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan Report prepared by: Scott'Pape, Senior Planner Attachments: · Proposed Future Land Use Map · Zoning Map · Survey N CITY OF DELRAY BEACH. FL PLANNING ~ ZONINGDEPARTMENT AREA OF PROPERTY AREA OF MODIFICATION THE MERIDIAN -- FUTURE LAND USE MAP AMENDMENT-- FROM: LD (LOW DENSITY RESIDENTIAL) TO' CC (COMMERCIAL CORE) -- DI~:ITAL BASE il, liP SYSTEI~ -- MAP REF LM 6¢0 SKETCH OF SPEciFIC PURPOSE SURYE'Y A PORTION OF BLOCK 120 TOWN OF LINTON (NOW BELRAY BEACH) '" (PB 1, Pi2 3, PBCR) "~ SURVEY NOTES: I SCALE: ~.. ~. 'r,-: s.~c PU,P~sE oF T,~ SUZ¢~ ,S TO SHOW J ~4 LESS THE W5' / ~ ~- ~SSB8'~ 46'E~ I ~m . .... ~ ,~ , ~2.00__t 570', W127', BLOCK 120 ~¢l~ ~/~ SO~H UNE. / o~~--~ G.OO' ~ BLOCK ~2o~ J_~NB~5B'46"~ ~ND D~CRI~ON: A POTION OF BLOCK 120, ~'N DF U~ON (NOW D~Y B~H), ACCORDING ~ THE P~T RECORDED IN P~T BOOK 1, P~ 3 OF ~E PUBLIC RECORDS OF PALM B~CH ~, ~ORID& MORE P~TICU~RLY D~CRIBED ~ ~WS: FOR THE RR~, ~: ~E ~ 16.00 FE~ OF ~ ~ 143.BD E~ OF THE ~/~ // ~ICH~ D. ROSE ~D ~bS L~NG IN ~E C~ DF D~Y B~CH, P~M PRO~IO~ SU~DR ~b M&~PER B~CH COUP. ~DRIDA, CDN%~NIN2 1120 SQUARE ~, ~RI~ REGI~TION NO. 5995 MORE OR ~S. PRDJE~ NO: 0~--D557~0~ ~H~ 1 OF 1 SH~ UN~ ~ B~S ~ SIG~TURE ~D ~E ORI~I~ DF A ~R[~ MCENS~ SURV~DR AND MAPP~ R~ NAME: X-XC~SURk~OS~X, SK~3H~IESU~ INFORMA~D~ PUR~DS~ ONLY AND IS N~ V~D MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM #~ [ (~) ~ - REI31JI. AR MEETING OF. OCTOBER L 2002 ORDINANCE NO, 45-02 (AMENDING LDR SECTIONS 4.$.2(C)(3) AND 4.3.3(DD)) SEPTEMBER 27, 2002 This ordinance is before Commission for second reading and second public hearing to amend Land Development Regulations (I_.DR) Sections 4.3.2(C)(3) and 4.3.3(DD) regarding Drug Paxaphemalia. Ordinance No. 45-02 modifies LDR Section 4.3.2(C)(3) by adding uses prohibited by the Florida State Statutes or the City of Delray Beach Code of Ordinances; and adds a new section "Drug Paraphemulia" to Section 4.3.3(DD) making it unlawful to sell or offer for sale drug paraphem~!iu or operate a business selling the same. In addition, this section provides exemptions for vendors authorized by law to manufacture, possess, or distribute these items and any item traditionally intended for use with tobacco products. The Planning and Zoning Board held a public hearing regarding this item. There was no public testimony. After reviewing this amendment, the Board voted 6-0 to recommend to the City Commission approval of the proposed amendment, based upon positive findings with respect to LDR Section 2.4.50V0. At the first reading and first public hearing on September 17, 2002, the City Commission passed the Ordinance No. 45-02 unanimously. Recommend approval of Ordinance No. 45-02 on second and final reading. S:\City Clexk\chevelle folder\agenda re\Ord.45.02.10.1.02 TO: FROM: SUBJECT: ,0CH ARDEN, CI TYMAN AG ER ' TOR OF PLANNING AND ZONING MEETING OF SEPTEMBER 17, 2002 CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING DRUG PARAPHERNALIA. This amendment involves two sections of the LDR's, Section 4.3.2 (C) (3) and Section 4.3.3 (DD). Section 4.3.2 is being modified to add those uses prohibited by State law or City ordinance to uses which are prohibited in the LDR's. The modifications to Section 4.3.3 (DD) adds a new section to "Special Requirements for Specific Uses" by adding "Drug Paraphernalia" along with a reference to it being unlawful to sell or offer for sale drug paraphernalia or operate a business which primarily sells drug paraphernalia. The section also provides for exemptions for those authorized by law to manufacture, possess or distribute such items and for any item traditionally intended for use with tobacco products. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board considered the amendment at their August 19, 2002 meeting and no one from the public spoke. The Board unanimously recommended approval on a 6-0 (Dwayne Randolph absent) vote. By motion, approve the amendments to the Land Development Regulations Section 4.3.2 (C)(3) and 4.3.3(DD) relating to prohibited uses and the sale of drug paraphernalia based upon positive findings with LDR Section 2.4.5(M). Attachment: Proposed Ordinance ORDINANCE NO. 45-02 AN ORDINANCE OF THE CITY ODMMISSION OF THE CITY OF DELRAYBEACH, FLORIDA AMENDING CHAPTER FOUR, "ZONING REGULaTiONS,' OF THE CODE OF ORDINANCES OF TIlE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.2, "DETERMINING USE," SUBSECTION 4.3.2 (C)(3), "PROHIBITED USES," BY PROHIBITING USES NOT ALLOWED PUKSUANT TO FLORIDA STATE STATUTES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION 4.3.3 ODD), "DRUG PARAPHERNALIA", TO PROVIDE FOR THE PROHIBITION OF THE SALE OF DRUG PARAPHERNALIA AND THE OPERATION OF DRUG PARAPHERNAHA BUSINESSES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida has become very concerned about the increased use of illegal drugs and controlled substances within the City;, and WHEREAS, the sale of drug paraphernalia contributes to an atmosphere of community acceptance of illegal use of controlled substances; and WHEREAS, the Gty Commission finds that k is in the best interest of the health, safety and welfare, of the citizens of the City to restrict access to such drag paraphernalia. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter Four, "Zoning Regulations", of the I. and Development Regulations of the City of Delray Beach, Florida, Section 4.3.2, "Determining Use", Subsection 4.3.2(C)(3) be, and the same is hereby amended to read as follows: Uses Not Listed: In most instances it is clear that a specific use is allowable under a use category (i.e. the specific use of "sale of clothing directly to a consumer" is allowed under the category of "general retail sales"). Some specific uses (e.g. sale of automobiles) involve a special product which is identified as such within these regulations and hence are allowed only as listed. However, in some cases, it may be necessary to have an interpretation made to determine whether or not a use is allowable. In such cases, the following applies: O) Imerpretation By Director. In situations where a specific use is not listed in examples provided under a type, the Director may determine that a specific use is allowable on the basis that k is identical to uses listed in the examples. The Director shall maintain a list of such determinations. (2) Determination of Similarity of Use: In situations where the Director finds that the requested use is not identical but has similar characteristics to allowable uses or when the use is of a specific nature (e.g. automobile sales) and is listed as a specific use in another zone district, the use may be established within a specific zone district by action of the Planning and Zoning Board in authorizing k through a determination of similarity of use. Prohibited Uses: When a use is prohibited by State law or by City Ordinance or when such use is not expressly included or expressly allowed by application of Subsection 4.3.2(C) (1) or (2), then k shall be considered a prohibited use and not allowed within the Zoning District. Section2. That C~apter Four, "Zoning Regulations", of the I_and Development Regulations of the City of Delray Beach, Florida, Section 4.3.3, "Special Requirements for Specific Uses", be, and the same is hereby amended by enacting Subsection 4.3.3 (DD), "Drug Paraphernalia" to read as follows: (DD) Drag Paraphernalia (as defined bySection 893.145 Fla. Stat.): (1) General: It shall be unlawful for any person to sell or offer for sale drug paraphernalia or to operate a business which primarily sells drag paraphernalia. (a) Exemptions: This section shall not applyto: Any person authorized by local, State, or Federal hw to manufacture, possess, or distribute such items, or Any kern that, in the normal hwful course of business is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be dechred by a court of competem 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 dechred to be invalid. 2 ORD. NO. 45-02 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 day of ,2002. MAYOR ATTEST: City Clerk First Reading Second Reading 3 ORD. NO. 45-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM $$ [ LJ~) - REGULAR MEETING OF OCTOBER 1, 2002 ORDINANCE NO. 46-02 (AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS") SEPTEMBER 27, 2002 This ordinance is before Commission for second reading and public h~ring amending Title III, "Administration", by amending Chapter 33, "Police and Fire Departments" and Chapter 96, "General Provisions" of the City Code of Ordinances and Chapter 7, "Building Regulations" of the Land Development Regulations to change the term "Fire Depaxux~ent" to "Fire-Rescue Depart~nent" to accurately reflect the duties and responsibilities of the Fire Depaximent. At the first reading on September 17, 2002, the City Commission passed the Ordinance No. 46-02 unanimously. Recommend approval of Ordinance No. 46-02 on second and final reading. &\City Clerk\chevelle fokler\agenda memo. Ord 46.0Z10.1.0Zdoc [lTV OF OELRFI¥ BEFI[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Wnter's D~rect Une: 561/243-7090 MEMORANDUM September 4, 2002 David T. Harden, City Manager Mayor and Commissioners Terrill Pyburn, Assistant City Attorney ~ Proposed Fire-Rescue Department Ordinance This proposed Ordinance regarding the Fire - Rescue Department is simply amending our current Code of Ordinances and Land Development Regulations by changing the name of the Fire Department to Fire - Rescue Department in order to more accurately reflect the duties and responsibilities of the Fire Department. Please place this matter on the September 17, 2002 City Commission Agenda for consideration. Please let me know if you have any questions. Thank you. CC: Barbara Garito, City Clerk Susan Ruby, City Attorney Paul Dorling, Director of Planning and Zoning Kerry Koen, Fire- Rescue Chief ORDINANCE NO. 46-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", BY AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS," SECTIONS 33.20- 33.67 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE-RESCUE DEPARTMENT'' IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING TITLE IX, "GENERAL REGULATIONS", BY AMENDING CHAPTER 96, "GENERAL PROVISIONS", SECTIONS 96.01-96.98 TO CHANGE THE TERM "FIRE DEPARTMENT'' TO "FIRE- RESCUE DEPARTMENT" IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING CHAPTER 7, "BUILDING REGULATIONS", ARTICLE 7.8, "UNSAFE BUILDINGS OR STRUCTURES", SECTIONS 7.8.6-7.8.8 TO CHANGE THE TERM "FIRE DEPARTMENT'' TO "FIRE- RESCUE DEPARTMENT''; PROVIDING A SAVINGS CLAUSE, A REPEAI,F,R CLAUSE, AND AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to have the rifle of the Fire-Rescue Department accurately reflected in the Code of Ordinances and Land Development Regulations of the City of Delray Beach, Florida NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration," Chapter 33, "Police and Fire Depatlments", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: FIRE-RESCUE DEPARTMENT Section 33.20 ESTABLISHMENT. A depaxln,ent to be known and designated as the Fire-Rescue Depa~nent is created for the City. Section 33.21 POWERS, DUTIES OF DEPARTMENT. The Fire-Rescue Depa~i~xent shall have control and management of all rites and emergency medical services within the limits of the City. It shall be unlawful for any person to interfere with any Fire-Rescue Depatiment personnel by means of a physical act with the intent to hinder said Fire-Rescue Depa~mient personnel in the performance of his duties. Section 33.22 NONAUTHORIZED PERSONNEL PROHIBITED FROM RIDING ON APPARATUS. No person other than regnhr or volunteer firefighters shall be allowed to tide upon any of the apparatus of the Fire-Rescue Depaxunent except with the permission of the Chief of the Fire-Rescue Department. OLD AGE AND SURVIVORS' INSURANCE Section 33.35 EXTENDED TO EMPLOYEES OF FIRE-RESCUE DEPARTMENT AND POLICE DEPARTMENT. It is declared to be the policy and purpose of the City to extend, effective January 1, 1958, to employees and offici_~ls thereof in the position of firefighter or police officer and not excluded by law nor excepted herein, the benefits of the system of Old Age and Survivors' Insurance as authorized by the Federal Social Security Act and amendments thereto, and by F.S. Chapter 650, as amended; and to cover by that plan all of their services which constitute employment as defined in F.S. Section 650.02, performed in the employ of the City. PENSIONS Section 33.60 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context dearly indicates or requires a different meaning. "ACTUARIAL EQUIVALENCE" or "ACTUARIP, IJ.Y EQUIVALENT". This term shall mean that any benefit payable under the terms of the pension fund in a form other than the normal retirement pension shall have the same actuarial present value on the date payment commences as the normal retirement pension. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using 7% interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five years in the case of disability retirees. "AGREEMENT". The written instrument setting forth the provisions of the retirement system. 2 ORD. NO. 46-02 "AVERAGE MONTHLY EARNINGS". One thirty-sixth of the arithmetical average for the highest consecutive 36-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive 24-month period, as calculated prior to the effective date of this ordinance. "BENEFICIARY". The person entitled to receive benefits hereunder at the death of a member who has been designated in writing by the member and filed with the Board of Trustees. If no designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. "BOARD". The Board of Trustees which shall administer and manage the system herein provided and serve as Trustee of the Trust Fund. ~CONTINUOUS SERVICE'. (1) Uninterrupted service by a member (expressed as years and completed months) from the date he hst entered employment as an employee until the date his employment is terminated by death, disability, retirement, resignation or discharge. (2) However, the continuous service of any member shall not be deemed to be interrupted by: (a) Any authorized leave of absence or vacation, provided all members similarly situated in similar circumstances shall be treated alike pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for computation purposes under the system shall be allowed for any such period of leave of absence. (b) Any service, whether voluntary or involuntary, in the armed forces of the Untied States, provided the member is legally entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 and any amendments thereto, or any law applicable to such reemployment, and provide that a member shall apply for reemployment within three months following termination of such service, or as otherwise allowed by the Uniformed Services Employment and Reemployment Rights Action of 1994, and any amendments thereto. Nothing aforementioned shall serve to reduce the accrued accredited services of the members on the effective date of the plan. (3) Continuous service shall also include, for reemployed members, those years and completed months for which the reemployed member had withdrawn his contributions to the Trust Fund, where the reemployed member repays into the Fund the 3 ORD. NO. 46-02 contributions he had withdrawn, with interest based upon the plan's annual total rate of return for the pension funds, as computed by the actuaries or the City, for those years and completed months, within 90 days after his reemployment date. A reemployed member may also repay only a portion of the withdrawn funds with interest and receive a like credit for continuous service; however, repayments, whether partial or total, shall only be permitted once within the 90-day limit. uEARNINGS". Basic wages paid to a member, exduding overtime, bonuses and any other non-regular payments. "EFFECTIVE DATE". April 22, 1974. "EMPLOYEE". All employees of the City classified as full-time sworn police officers, as defined on the effective date in F.S. Sect. 185.02, or classified as police officers in training, or classified as volunteer or regular full-time firefighters, as defined on the effective date in F.S. Sect. 175.032, but shall exclude all dvilian members of the Police and Fire_- Rescue Depa~ul~ents, and the Police Chief and Fire-Rescue Chief upon their written election not to participate in the system. "FUND". The Trust Fund established herein as part of the system. "MEMBER". An employee who fulfills the prescribed participation requirements. "SPOUSE". The lawful wife or husband of a member at time of retirement and death. ~SYSTEM". The City Police and Firefighters Retirement System as contained herein and all amendments thereto. Section 33.67 OTHER PROVISIONS. (A) Discharged members. Members entitled to a pension shall not forfeit the same upon dismissal from the depa~uxient, but shall be retired as herein described. (B) Recovery from disability. In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Police Depaxcment or Fire-Rescue Department, the Board of Trustees shall require the member to resume employment with the respective depaximent and discontinue the pension; provided that if a member shall after resuming his position pay into the Fund an amount equal to the aggregate contributions plus interest at a rate to be determined by the Board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the Board, during the period of his disability 4 ORD. NO. 46-02 retirement had he not been retired, the member shall receive creditable service for the period of disability retirement. In any event, a member shall retain credit for the period of continuous service prior to the date of disability. (C) Nonassignability. No benefit provided for herein shall be assignable or subiect to garnishment for debt or for other legal process. (D) Duration of benefits. Benefits granted to members shall be paid to them for life and shall not be revoked nor in any way dimim'shed except as provided in this subchapter and the payments of the member to this Fund shall cease upon his retirement and acceptance of a benefit or thirty (30) years of continuous service or termination. (E) Pension validity. The Board of Trustees shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently, or illegally for any reason. The Board is empowered to purge the pension rolls of any person heretofore granted a pension under prior or existing law or hereafter granted under this subchapter if the same is found to be erroneous, fraudulent, or illegal for any reason; and to reclassify any pensioner who has heretofore under any prior or existing law, or who shall hereafter under this subchapter be erroneously, improperly or illegally classified. (F) Incompetents. If any member or beneficiary is a minor or is, in the iudgment of the Board, otherarise incapable of personally receiving and giving a valid receipt for any payment due him under the system, the Board may, unless and until claims shall have been made by a duly appointed guardian or committee of that person, make the payment or any part thereof to the person's spouse, children or other person deemed by the Board to have incurred expenses or assumed responsibility for the expenses of that person. Any payment so made shall be a complete discharge of any liability under the system for the payment. (G) Miscellzneons provisions. (1) The Board will furnish the actuary with all data required for necessary actuarial computations under the plan. (2) No payment or any benefit, contribution or other sum which would constitute a violation of any applicable wage control law shall be made hereunder. (3) The benefits for any person who was a member under F.S. Chapters 175 and 185, immediately prior to the effective date of this subchapter, shall not be less than those which he would have received under the plan prior to the effective date based on his rate of earnings in effect as of the effective date. 5 ORD. NO. 46-02 Section 2. That Tire IX, "General Regulations," Chapter 96, "General Provisions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: GENERAL PROVISIONS Section 96.01 PERMITS REQUIRED FOR NEW MATERIALS, PROCESSES OR OCCUPANCIES. The City Manager, the Chef of the Fire-Rescue Department, and the Chef of the Bureau of Fire Prevention shall act as a committee to detemaine and specify, after giving affected persons an oppommity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the code. The Chef of the Bureau of Fire Prevention shall post that list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 96.02 INSPECTIONS REQUIRED. All owners or occupants of buildings are required to permit the Chef of the Fire: 1.~escue Department, or his designee, to inspect or to have inspected, their buildings or premises to see that this chapter is complied with, and it is made the duty of the Chef of the Fire-Rescue Depaxtment, or his designee, to make or cause to be made an inspection whenever and wherever he may suspect a violation of this chapter. Section 96.03 ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES TO BE RESTRICTED. The limits referred to in Section 21.6 of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, shall be in accordance with the zoning ordinances. Section 96.04 OPEN BURNING. (A) It shall be unlawful to have any open burning within the city limits on public or private property except for fire training purposes or recreational or ceremonial occasions for which written permits from the Fire-Rescue Department are required. 05) No permits will be issued for any open burning on the public beach. (C) Open burning means any outdoor fire or open combustion of material excepting barbecuing. 6 ORD. NO. 46-02 (D) Any person who violates these provisions and the owner of the land who allows these violations shall be guilty of a violation. (E) The prohibition of open burning contained in subsection (A) above shall not apply to the use of air curtain incinerations, provided that such air curtain incinerator process has received all of the necessary and applicable permits from other governmental regulatory agendes with such jurisdiction, and further subject to the express approval of the Chief of the Fire-Rescue Depaxunent as to the issue of overall safety of the property and neighboring properties for the use of such a procedure. Section 96.05 FIRE HYDRANTS. (A) All fire hydrants shall be placed in a position so as to be accessible at all times from a paved road no less than 24 feet in width. 03) Fire hydrant spacing shall be in accordance with the following: (1) In single family and duplex residential districts, not more than 500 feet between hydrants. (2) In multi-family residential districts (townhouses, garden apartments, cluster developments and the like, and similar buildings two stories or less in height), not more than 400 feet between hydrants. (3) In multi-family residential districts with buildings more than two stores in height, all commercial districts, all business districts, all industrial districts, and special hazard applications, not more than 300 feet between hydrants. (4) Areas with divided or multi-lane road systems should have hydrant distribution on both sides of the highway, with curb and median cuts considered, utilizing spacing criteria listed above when existing and proposed parallel mains will support this criteria. (5) Measurement of spacing shah be by way of road travel. (C) No object, structure, planting or obstruction of any kind shah be permitted within a fiveffoot radius of any fire hydrant or Fire-Rescue Depax~nxent connection. A three-foot wide opening, free of all obstructions, shall be maintained at all times. Section 96.06 APPEALS. 7 ORD. NO. 46-02 Whenever the Chief of the Fire-Rescue Depaxmient shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire-Rescue Depatm~ent to the board of Adjustment within thirty 0O) days from the date of the decision appealec[ Section 96.07 F_.XEMPTIONS. (A) The Chief of the Fire-Rescue Depatmaent or the Chief of the Bureau of Fire Prevention shall have the power to modify any of the provisions of the fire code other than the provisions of any state minimum codes under the following circumstances: (1) A written application has been sent to the fire official by the owner or the authorized agent of the owner demonstrating either of the following: (a) That there are practical difficulties which prevent strict adherence to the code requirements and that the requested modification to the code requirements is in keeping with the spixit of the code and shall not jeopardize public safety. (b) That a change to an existing code imposing a new requirement on existing structures placed a previously conforming structure in violation of the code; that the requirement in question would necessitate the installation of a sprinkler system or a structural alteration to the building other than a change in a window, door or locking device, or the necessity for more than minor holes; that the new requirement does not result specifically from a change in the use of the structure; that the granting of the exemption does not pose a hazard to the public or to the occupants of the structure; that the owner agrees to post any notices required by the Fire-Rescue Depaxunent warning the public or the occupants of the noncompliance; and that further the owner's decision not to comply with the retroactive code provision. This exemption shall not be available in circumstances where the requirement to modify an existing building resulted from an alteration to the portion of the structure containing the nonconformity, or from repairs or alterations to the structure which exceed fifty percent (50%) of the assessed value of the structure. (2) The particulars of any modification or exemptions granted under this section shall be recorded in the files of the Fire-Rescue Department and a signed copy shall be provided to the applicant 03) Modifications to state minimum codes shall be controlled by the provisions of those codes which set standards or conditions for granting exemptions to the minimum code. 8 ORD. NO. 46-02 Section 96.08 HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; RECOVERY OF COST. Definitions: (1) "Cost". Those necessary and reasonable expenses incurred by the city in connection with investigating, mitigating, minimizing, removing or abating the release of hazardous substances and hazardous waste, including but not limited to the actual labor cost of city personnel or its agents; cost of equipment operation and rental; cost to prevent or minimize mitigation off-site; as well as the recovery of costs of any actions that the city may take in this regard out of the city's jurisdiction or off-site; and the cost of expendable items including, but not limited to, firefighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums, chemical protective clothing, gloves, and testing equipment~ (2) "RELEASE". Any intentional or unintentional action or omission resulting in the release or substantial threat of a release, spillage, pumping, pouring, emitting, emptying or dumping of a hazardous substance or hazardous waste upon public or private property located within the corporate limits of the dry. (3) "HAZARDOUS SUBSTANCE OR HAT.&RDOUS WASTE". Any substance or material in a quantity or form, which in the determination of the ~ Chief of the Fire-Rescue Department or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the city including, but not limited to, those substances listed in the National Fire Protection Association's "Guide on Hazardous Materials", the EPA's list of "Extremely Hazardous Substances" or the "Florida Substance List", promulgated by the State Depati~xent of Labor and Security, or by C.R.C~L.A. in 40, C.F.A. 300.6. (4) "PERSON". One or more individuols, partnerships, corporations, ioint ventures, associations or any other entities or any combination thereof. (B) Authority to initiate action: (1) The Fire-Rescue Department is hereby authorized to take or cause to be taken, such steps as may be necessary to clean up, remove or abate the effects of any hazardous substance or hazardous waste discharged or released upon or into public or private property or facilities located within the corporate limits of the city, and any actions associated therewith which occur off-site designed to mitigate a hazardous substance or hazardous waste release or discharge. 9 ORD. NO. 46-02 (2) Any person or persons responsible for causing or allowing a discharge or release of hazardous substance or hazardous waste that requires emergency action by the Fire-Rescue Depatmient of the city or its authorized agents, in order to protect the health, safety or welfare, shall be strictly liable both jointly and severally to the city for the cost incurred by the city in the investigating, mitigating, minimizing, removing and abating any such discharge. (3) When responding to the emergency caused by the unauthorized discharge or release or hazardous substances or hazardous wastes, the Fire-Rescue Depax~nent of the city shall keep a detailed record of the costs and expenses attributable thereto. (4) The authority to recover costs under this section shall not include costs incurred for actual fire suppression services or other services which are normally supplied by the city's Fire-R~scp~ Depar~nent or its authorized agent. cleanup. Recovery of costs of hazardous substance and b~atdous waste (1) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste shall reimburse the city for the full amount of all costs, as defined herein, associated with the investigation, mitigating, minimizing, removing or abating any such discharge or release within a period of thirty (30) days after receipt of an itemized bill for such cost from the dty. (2) Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste and who fails to reimburse the city within the time set forth in subsection (C)(1) hereof, shall be subject to a surcharge equal to $100 per day or ten percent (10%) of the total amount of the bill, whichever is greater, for each additional day that the bill for such cost remains unpaid. 0) The remedy provided for in this section shall be supplemental to, and in addition to, aH other available remedies at law and equity. INST~IJ.&TION OF FUEL TANKS Section 96.40 PERMIT REQUIRED. It shall be unlawful for any person to install, place, locate, butT, erect or maintain, or to aid or assist in the installation, placing, locating, burying, erecting or maintaining of any tank designed or intended to be used for the storage of any class I, II or III liquid, as defined and set forth in the Fire Prevention Code and the National Fire Code, and commonly used 10 ORD. NO. 46-02 for fuel, upon any property or premises within the city, unless there first be secured approval from the Fire-R~scue Depatunent and a written permit from the Building Depatiment. BUREAU OF FIRE PREVENTION Section 96.55 ESTABLISHMENT; DUTIES. (A) The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire-Rescue Depatunent of the city which is established and which shall be operated under the supervision of the Chief of the Fire-Rescue Depatm~ent. (B) The Chief in charge of the Bureau of Fire Prevention shall be appointed by Chief of the Fire-Rescue Depa~i~aent on the basis of examination to determine his qualifications. His appointment shall continue during good behavior and satisfactory service. (C) The Chief of the Fire-Rescue Depaxtii,ent may detail those members of the Fire-Rescue Depamment as inspectors as shall from time to time be necessary. The Chief of the Fire-Rescue Department shall recommend to the City Manager the employment of technical inspectors, who, when authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire-Rescue Department, and appointments made after examination shall be for an indefinite term with removal only for cause. EMERGENCY MEDICAL SERVICES Section 96.65 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply: (A) "BASIC LIFE SUPPORT SERVICES". Basic life support services include the provision of treatment services rendered to patients which do not require invasive techniques, which include, but are not limited to, simple bandaging, minor splinting and simple immobili~.ation, and may include transportation to a hospital by the Delray Beach Fire-Rescue Depa~iitxent. (B) "ADVANCED LIFE SUPPORT SERVICES". Advanced life support services are those types of patient treatment services which require advanced medical therapy, induding, but not limited to: electrocardiographic monitoring; use of external pacemakers; defibrillation; intravenous therapy; medication administration; cardiopulmonary resuscitation; endotracheal intubation; other advanced airway and artificial ventilator 11 ORD. NO. 46-02 techniques; and may include transportation to a hospital by the Delray Beach Fire-Rescue Department. Section 96.67 COIJ.ECTION OF EMERGENCY MEDICAL SERVICE FEES. (A) The Fire-Rescue Department shall submit bills to patients or to the patient's insurance carrier for the provision of Basic Life Support or Advanced Life Support transportation. (B) Any bill remaining unpaid for a period of ninety (90) days shall be considered delinquent. Any delinquent bill shall incur interest at the rate of nine percent (9%) per annm. The notice of an interest charge shall be included on the initial bill mailed to the patient. ~eme~es. The City may collect delinquent charges through any and all available legal (D) The City Finance Department is hereby authorized to accept assignment at the maximum allowable rate of Medicaid, Medicare, and the Palm Beach County Health Care District benefits. (E) The City Finance Department is hereby authorized to negotiate payment settlements of outstanding debts owed to the City for emergency services rendered when the debtor is unable to satisfy the outstanding balance due. Section 96.68 EMERGENCY MEDICAL SERVICES AND ADVANCED LIFE SUPPORT PROVIDER. (A) The Fire-Rescue Depa~hnent is hereby authorized to obtain and maintain any and all necessary State of Florida licensing, vehicle permits and all necessary Palm Beach County Certificates of Public Convenience and Necessity (COPCN), pursuant to Chapter 401, Florida Statutes, and Palm Beach County EMS Ordinance, Palm Beach County Code, Chapter 13, and any subsequent applicable revised laws and ordinances, for the purpose of providing Advanced Life Support and all manner of emergency medical services as it applies to emergency medical and trauma treatment and emergency transportation services, in and for the City of Delmy Beach. (B) The Fire-Rescue Department shall, upon obtaining all necessary licenses and certifications, be designated as the primary provider of Advanced Life Support and of all manner of emergency medical services as it applies to emergency medical and trauma treatment and emergency transportation services within the City limits of the City of Delmy Beach. 12 ORD. NO. 46-02 Section 96.98 VIOLATIONS; NONCOMPLIANCE. (A) Any person who shall violate any of the provisions of any of the codes adopted in Sec. 96.16, including amendments thereto, or who shall violate or fail to comply with any order made hereunder, or who shall build in violation of any detailed statement of spedfications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, from which no appeal has been taken, or who shall fail to comply with an order as affirmed or modified by the Chief of the Fire-Rescue Department or his designate or by a court or competent jurisdiction, within the time fixed herein, shall severally for each and every violation and noncompliance respectively, be guilty of a violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all persons shall be required to correct or remedy those violations or defects within a reasonable time. When not otherwise specified, each thirty (30) days that prohibited conditions are maintained shall constitute a separate offense. (13) The application of a penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 3. That Chapter 7, "Building Regulations", Article 7.8, "Unsafe Buildings or Structures", Sections 7.8.6, "Enforcement Officer Designated" and 7.8.8, "Authority to Make Inspections; Initiating Abatement", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 7.8.6 ENFORCEMENT OFFICER DESIGNATED The provisions of this chapter shall be enforced by the Chief Building Official and/or his designee. The Chief Building Official or his designee may utilize the Fire-Rescue Depaxunent, Code Enforcement Division, Environmental Services, etc. to aid in the enforcement of the provisions of this chapter. Section 7.8.8 AUTHORITY TO MAKE INSPECTIONS; INITIATING ABATEMENT: (A) The Chief Building Official or his designee, Building Inspectors, Code Enforcement Officers, Fire-Rescue Depastment Officials, etc. are authorized to make any inspections and recommend any actions to the Chief Building Official or his designee as may be required to enforce the provisions of this chapter. (13) After the Chief Building Official or his designee has determined that a building, structure, or pordon thereof is unsafe, he may initiate proceedings to abate the unsafe conditions. 13 ORD. NO. 46-02 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith, be, and the same are hereby repealed. Section 6. That this ordinance shall become effective mediately upon its passage on second and final reading. PASSED AND ADOPTED in reg,,l~r session on second and final reading on thi. the day of ,2002. MAYOR ATTEST City Clerk First Reading Second Reading 14 ORD. NO. 46-02 NTATION TO: FROM: SUBJECT: DAVID T~, ~.I~RDF,.N,..CIT~E MANAGE R MEETING OF OCTOBER 1, 2002 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS {LDRs) REGARDING BUILDING PLAN CHECK AND PLAN FEES. This amendment is to LDR Section 2.4.3(K)(2) and (3) which outline the current fee schedules for building plan check and permit tasks. The current fee schedule was adopted more than 10 years ago and no increase in fees have occurred since that time. The Community Improvement Department staff researched adjacent municipality fee schedules for similar development activities and determined that an across-the-board 5% increase in fees was justified. This increase would place the City of Delray Beach's fees in the mid range of the municipalities surveyed. Additional background and analysis is provided in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of September 23, 2002. After discussing the amendment, the Board voted 5-0 (Mark Krall and Joseph Pike absent) to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M)(5). By motion, approve on first reading, the ordinance amending the Land Development Regulations Section 2.4.3(K)(2) and (3) relating to building plan check and permit fees, based upon the findings and recommendations by the Planning and Zoning Board, and set a public hearing date of October 15, 2002. Attachments: P&Z Board Staff Report & Ordinance by Others 1993 PLANNING ZONI'NG MEMORADUM: STAFF' REPORT MEETING OF: SEPTEMBER 23, 2002 AGENDA ITEM: IV.F. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING BUILDING PLAN CHECK AND PLAN FEES The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) regarding proposed increases to the building plan check and permit fees pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment is to LDR Section 2.4.3 (K) (2) and (3) which outlines the current fee schedules for building plan check and permit tasks. The current fee schedule was adopted more than 10 years ago and no increase in fees have occurred since that time. The Community Improvement Department staff researched adjacent municipality fee schedules for similar development activities and determined that an-across the board 5% increase in fees was justified. This increase would place the City of Delray Beach's fees in the mid range of the municipality surveyed. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.3(K)(2) and (3) relating to building plan check and permit fees. Attachment: Proposed Ordinance IV.F ORDINANCE NO. 42-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K)(2) "PLAN CHECK FEES"; AND SECTION 2.4.3(K)(3) "PERMIT FEES", OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of September 23, 2002, and has forwarded the change with a recommendation of approval of a vote of 5-0; and WHEREAS, pursuant to Florida Statue 16.33174(4)(c), the Planning and Zoning Board sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, Administrative Provisions" Artide 2.4, "General Procedures", Section 2.4.2, "Plan Check Fees", Section 2.4.3 "Permit Fees", is hereby amended to read as follows: Plan Check Fees: Plan Check fees are required for a project whose proposed construction exceeds $20,000 and when building plans are required by Section 105.3 of the Building Code. A Master Plan Submission Fee of $500 shall be paid when the Master Plan for a project is submitted and is for Plan Review. It is not part of the permit fee and is non-refundable. Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of apphcafion fees. (h) Permits for new building and additions for the following items. Each item requires a separate fee: Building Permit *Electrical Permit *Plumbing Permit *Mechanical Permit *Roofing Permit 0) For permit activity valued at $1,000 or less: Minimum fee of $ 35.1n~ $41.90 Plus ¢~ o ~n ~ ..... $20.35 Plus $25.00 Plus $50.00 per required inspection per reinspection (1) each change of contractor For permit activity valued at $1,001 or more: Minimum fee _c eao ~ n ~,~. ..... $41.90 $1,000 Plus $25.00 Plus $50.00 ,~ ..... , $13.95 per each additional of value, or fraction thereof per reinspecfion (1) each change of contractor Permit for miscellaneous items such as driveways, fences, refoofs, pools, utiLity sheds, patios, sidewalks:, landscaping: For permit activity valued at $1,000 or less: MillilTlUI~ fee -£ ~"}< c c Plus e~ o en Plus $25.00 Plus $50.00 $29.20 $20.35 per required inspection per reinspecfion (1) each change of contractor For permit activity valued at $1,001 or more: Minimum fee of e,~,:_ ~g Plus $25.00 Plus $50.00 $29.20 and ec~ ,~e $10.20 for each additional $1,000 of value or fraction thereof per reinspecfion (1) each change of contractor Permits for sub trade work including, but not limited to: Site work *Structural Pest Control *Underground Fuel Tanks *General Construction *Subcontracts for General Construction For permit activity valued at $1,000 or less: Minimum fee _c¢~o ,n P1 e~ o en US ~e ~ Plus $25.00 Plus $50.00 $41.90 $20.35 per required inspection per reinspection (1) each change of contractor 2 ORD. NO. 42-02 For permit activity valued at $1,001 or more: Minimum fee _ceao in UL ,iF ..~' ,..~, · Plus $41.90 $27.90 for each $1,000 of value or fraction thereof Plus $25.00 Plus $50.00 per reinspection (1) each change of contractor (m) Drilling or Drive a Potable well: cr.n :n ~ ..... $63.50 (n) Irrigation Systems er.n :n ~ ..... $63.50 plus $12.10 $12.70 per $1,000 of construction costs above $1,000 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this day of ., 2002. ATTEST: MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 42-02 TO: THRU: FROM: SUBJECT: DAVID T HARDEN, CITY MANAGER ~ ,,r--,, . .~-~ CITY COMMISSION MEETING OF OCTOBER 1, 2002. AMENDMENT OF THE SILVER TERRACE SAD (SPECIAL ACTIVITIES DISTRICT) ORDINANCE AND REDEVELOPMENT PLAN. An application has been submitted from the property owner of Lot 4, Block 2, Silver Terrace Subdivision to modify the SAD Ordinance. The property is located on the east side Dixie Highway, between Central Avenue and Collins Avenue within the residential area of the SAD (see attached map). Earlier this year, the property owner purchased the subject property, which is an interior lot facing Dixie Highway, to construct a single family home, for which a building permit application has been submitted. The lot is only accessible from Dixie Highway. However, the SAD ordinance and Silver Terrace Redevelopment Plan currently prohibit residential development from having driveway connections to Dixie Highway. In order to utilize the property for single family purposes, the applicant is requesting an amendment to the SAD Ordinance to allow Lot 4, Block 2, to be accessed from Dixie Highway. Staff is recommending that this change also apply to the two properties immediately to the south of the subject property (Lots 2-3, Block 2) as well as Lots 2-4, Block 3. In order to accommodate the change, the language within the Silver Terrace Redevelopment Plan must also be modified. The construction of single family detached dwellings on the platted single family lots is appropriate and is consistent with the original intent of the subdivision and redevelopment plan. The provision of single family detached dwellings is also consistent with the type of residential development that has recently occurred in the Silver Terrace Redevelopment Area. Driveway connections to Dixie Highway will only be permitted on the interior lots and must be designed so that a vehicle can enter and exit a property in a forward manner. Additional background and analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing in conjunction with the requests. After reviewing the staff report, the Board voted 5-0 (Krall and Pike absent) to recommend that the requests be approved, based upon positive findings with respect to the Goals, Objectives and Policies of the Comprehensive Plan, consistency with the Silver Terrace Redevelopment Plan, and LDR Section 2.4.5(D)(5) (Rezoning Findings). Approve on first reading Ordinance 51-02 amending the Silver Terrace Redevelopment Plan and the associated SAD (Special Activities District) Ordinance to allow single family detached dwellings fronting on Dixie Highway (except corner lots) to take access from Dixie Highway, based upon the findings and recommendations by the Planning and Zoning Board and setting a public hearing date of October 15, 2002. Attachments: Planning & Zoning Board Staff Report of September 23, 2002 & Ordinance No. 51-02 ~"~ ~. //-,..~L~ ORDINANCE NO. 51-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-96 WHICH ESTABLISHED THE SPECIAL ACTIVITIES (SAD) ZONING DISTRICT FOR CERTAIN LAND LOCATED IN THE SILVER TERRACE SUBDIVISION, BY AMENDING SECTION 3, PARAGRAPH 5 TO AIJ.OW SINGLE FAMILY DETACHED DWF. IJ.INGS ON LOTS LYING WITHIN BLOCKS 2 AND 3 OF THE SILVER TERRACE SUBDIVISION WHICH ONLY FRONT ON DIXIE HIGHWAY (EXCEPT CORNER LOTS) TO TAKE ACCESS FROM DIXIE HIGHWAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHERF_~S, the Planning and Zoning Board considered the proposed amendment at a public hearing on September 23, 2002, and voted 5 to 0 to recommend approval based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, pursuant to Florida Statutes Section 163.3174, the Planning and Zoning Board, sitting as the Local Planning Agency, has detemfined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 3, Paragraph (5) of Ordinance 39-96 be, and the same is hereby amended to read as follows: (5) Residential development shall be pursuant to the density limitations and development standards of the RM (Medium Density Residential) zoning district, except as modified below: Except for single famil.v detached dwellin~ on Lots 2-4. Blocks 2 and 3, residential structures shall take access from the local streets in the subdivision. No new driveway connections to Dixie Highway are permitted. The driveways on Lots 2-4, Blocks 2 and 3. must be designed to enable vehicles to enter and exit the site in a forward (b) Multiple family residential structures shall be in the form of townhouses on platted fee-simple lots or a residential condominium. Multiple family developments shall have a minimum development area of one (1) acre. (d) Tandem parking may be counted toward minimum parking requirements for townhouse units with garages. Rear setbacks, and setbacks along the perimeter of the SAD, shall be 15 feet. Section 2. That all ordinances or parts of ordinances in express conflict herewith be, and the same are hereby repealed, provided, however, all other terms and provisions of Ordinance No. 39- 96 shall remain in full force and effect. ~ That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective mediately upon passage on second and final reading. PASSED AND ADOPTED in regnhr session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk Fi~t Reading Second Reading 2 ORD NO. 51-02 1993 MEMORANDUM STAFF REPORT 1993 ZOO I MEETING OF: AGENDA ITEM: SEPTEMBER 23, 2002 IV.D- AMENDMENT TO THE SILVER TERRACE REDEVELOPMENT PLAN AND THE ASSOCIATED SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE RELATING TO DRIVEWAYS ON DIXIE HIGHWAY WHEN ASSOCIATED WITH A SINGLE FAMILY RESIDENCE. The action before the Board is that of making a recommendation to the City Commission on a proposed amendment to the Silver Terrace Redevelopment Plan and associated SAD (Special Activities District) zoning ordinance to allow single family detached dwellings on lots lying within Blocks 2 and 3 of the Silver Terrace Subdivision which only front on Dixie Highway (except corner lots) to take access from Dixie Highway. SADs are established and modified by an ordinance which is processed as a rezoning. 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. With the adoption of the Comprehensive Plan in 1989, the City designated the Silver Terrace area as Redevelopment Area fi4 on the Future Land Use Map. The Comprehensive Plan required the preparation of a redevelopment plan for the area, including the installation of required infrastructure and the establishment of FLUM designations for all properties in the area. The redevelopment plan was adopted by the City Commission at its meeting of March 5, 1996. In order to deal with a number of nonconforming and unsightly commercial uses and structures within the area, the redevelopment plan recommended the application of a flexible zoning district. The recommendation called for the establishment of an SAD district which would accommodate most of the existing uses as conforming while limiting future uses and development in the area to the character identified in the plan. The Ordinance establishing the SAD was adopted by the City Commission on September 17, 1996. The SAD creates three use areas within the subdivision: a neighborhood commercial area, a residential office area, and a residential area. Permitted uses for IV.D Planning & Zoning Staff Report Silver Terrace Redevelopment Plan & SAD Ordinance Amendments - Driveways on Dixie Hwy Page 2 parcels within each of these areas are identified in the SAD Ordinance. The Ordinance also included development standards. On August 23, 2000, an application was submitted to modify the SAD Ordinance relating to Lots 4-9, Block 4 within the neighborhood commercial area of the SAD. The applicant proposed the following amendments to the SAD Ordinance: To add the principal uses within the RO (Residential Office) zone district, except duplexes as permitted uses; · Remove the restriction on the sale of convenience food and beverages; · Allow contractors offices, including storage of construction materials; · Allow the retail sale of new or used furniture, carpet, tile, draperies, antiques and appliances; · Allow the storage of construction supplies, boats, motorcycles or vehicles in existing nonresidential structures with garage facilities; and, · Modify the requirement that nonresidential structures shall take access from S. Dixie Highway and SE 10~h Street to exempt existing nonresidential structures. On November 7, 2000 the City Commission approved the modification to the SAD Ordinance for Lots 4-9, Block 4 to add the principal uses within the RO (Residential Office) zoning district, except duplexes as permitted uses, only. The balance of the changes were not approved. Modification of the requirement that all nonresidential structures shall only take access from S. Dixie Highway and SE 10th Street to exempt existing nonresidential structures was not consistent with the redevelopment plan. Furthermore, the change was unnecessary, since the existing nonconformities could continue until the existing structures are redeveloped or a major change of use occurs. On August 19, 2002, an application was submitted from the property owner of Lot 4, Block 2 to modify the SAD Ordinance. The property is located on the east side Dixie Highway, between Central Avenue and Collins Avenue within the residential area of the SAD (see attached map). Earlier this year, the property owner purchased the subject property, which is an interior lot facing Dixie Highway, to construct a single family home, for which a building permit application has been submitted. The lot is only accessible from Dixie Highway. However, the SAD ordinance and Silver Terrace Redevelopment Plan currently prohibit residential development from having driveway connections to Dixie Highway. In order to utilize the property for single family purposes, the applicant is requesting an amendment to the SAD Ordinance to allow Lot 4, Block 2, to be accessed from Dixie Highway. Staff is recommending that this change also apply to the two properties immediately to the south of the subject property (Lots 2-3, Block 2) as well as Lots 2-4, Block 3), and is proposing the following amendment to Section 3(5)(a) of SAD Ordinance No. 39-96: Except for sinqle family detached dwellinqs on Lots 2-4, Blocks 2 and 3, residential structures shall take access from the local streets in the subdivision. No new driveway connections to Dixie Highway are permitted. The driveways for single family detached dwellings on Lots 2-4, Blocks 2 and 3, must be desiqned to enable vehicles to enter and exit the site in a forward manner. Planning & Zoning Staff Report Silver Terrace Redevelopment Plan & SAD Ordinance Amendments - Driveways on Dixie Hwy Page 3 In order to accommodate the change, the language within the Silver Terrace Redevelopment Plan must also be modified. This proposal includes modification to the Design Guidelines section regarding "Residential Lots Along Dixie Highway". SAD ORDINANCE AMENDMENT: REQUIRED FINDINGS (CHAPTER 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved 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. With the SAD approval of September 17, 1996 (Ordinance No. 39-96) and the SAD modification on November 21, 2000 (Ordinance No. 30-00), positive findings were made with respect to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. This proposed amendment does not have any impacts on the previous findings. As the request only involves a development standard and not rezoning of land, LDR Section 3.2.2(Standards for Rezoning Actions) is not applicable. However, LDR Section 2.4.5(F)(5) is discussed below. Section 2.4.5{D)~5) (Rezonin_cl Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant submitted the following justification statement: "This change allows access to Dixie Highway. Without change the change Lot 4 is not usable. No other change is required." Planning & Zoning Staff Report Silver Terrace Redevelopment Plan & SAD Ordinance Amendments - Driveways on Dixie Hwy Page 4 The reason for the change relates to "c". The construction of single family detached dwellings on the platted single family lots is appropriate and is consistent with the original intent of the subdivision. The provision of single family detached dwelling is also consistent with the type of residential development that has recently occurred in the Silver Terrace Redevelopment Area. Driveway connections to Dixie Highway will only be permitted on the interior lots and not the corner lots as they can be accessed from adjacent local streets. Also, the driveways must be designed so that a vehicle can enter and exit a property in a forward manner, which will alleviate the concern with vehicles backing into Dixie Highway. REDEVELOPMENT PLAN AMENDMENT: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Future Land Use Element Policy C.1.6 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping center. The Silver Terrace Redevelopment Plan was adopted by the City Commission on March 5, 1996. The plan establishes Future Land Use Map designations, zonings, and special development standards for the redevelopment area. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Residential development is subject to the following development standards, which are incorporated in SAD Ordinance No. 39-96: · Residential structures shall take access from the local streets in the subdivision. No new driveway connections to Dixie Highway are permitted. · Multiple family residential structures shall be in the form of townhouses on platted fee- simple lots or a residential condominium. · Multiple family developments shall have a minimum development area of one (1) acre. · Tandem parking may be counted toward minimum parking requirements for townhouse units with garages. · Rear setbacks and setbacks along the perimeter of the SAD shall be 15 feet. The proposal is to modify the requirement that prohibits residential developments from taking access from Dixie Highway. The proposal will affect a total of 6 lots, 3 per block. The lots within Block 2 are currently vacant, however building permit applications have been submitted to construct single family detached dwellings on Lot 4 and 5. Lot 5 is a corner lot and is designed with a driveway connection to Central Avenue, while Lot 4 is an interior lot and proposes a driveway connection to Dixie Highway. Block 3 contains the existing nonconforming Rusty Plumbing contractor's business, while the lots at the north end of the Block are vacant. The adopted redevelopment plan states the following with regard to residential lots along Dixie Highway: Planning & Zoning Staff Report Silver Terrace Redevelopment Plan & SAD Ordinance Amendments - Driveways on Dixie Hwy Page 5 "RESIDENTIAL LOTS ALONG DIXIE HIGHWAY Several lots on which residential uses will be permitted under the provisions of the plan currently have frontage only on Dixie Highway. Residential lots fronting on Dixie Highway are not conducive to encouraging residential development and could potentially create traffic problems. In order to avoid those problems, the SAD ordinance will require residential developments to take access from local streets. That provision will prevent construction of new residential units fronting on Dixie Highway.' The intent was to buffer the residential developments from Dixie Highway and eliminate multiple curb cuts on Dixie Highway. The Silver Terrace subdivision was platted in 1925 and was restricted to residential only at the interior and south ends of the subdivision, with residential lots fronting Dixie Highway. The north and northwest sides, adjacent to Dixie Highway and SE 10th Street did not have use restrictions. The intent of the Plan is that new development will be primarily single family detached housing. While the Redevelopment Plan and SAD ordinance prohibit duplexes, the minimum lot size for a multiple family development is 1 acre, which requires aggregation of numerous parcels. The lot size for single family residences is based upon the originally platted lots provided they have a minimum 50' of frontage. All of the lots in the Silver Terrace Subdivision have at least 50' of frontage/width. Since the adoption of the Plan in 1996 and installation of the infrastructure improvements, there has been residential development activity (9 single family detached dwellings) in the Silver Terrace Redevelopment Area. Assemblage of multiple parcels for multiple family (fee-simple townhouse and/or condominium development) adjacent to Dixie Highway has not occurred. The concern with regard to driveways on Dixie Highway is that it is a collector roadway and multiple driveway connections with vehicle backing into the roadway would create traffic conflicts. This could have occurred if a multiple family development, with the potential of accommodating 12 units to the acre, were able to take access from Dixie Highway. There are 10 lots in the residential area of Silver Terrace that front Dixie Highway. The proposal is to allow only the interior lots (6 total) to have driveway connections to Dixie Highway, when developed as single family detached dwellings only. In addition the driveway is to be designed in a manner that would allow vehicles to enter and exit the site in a forward manner, which would alleviate concerns with vehicles backing into Dixie Highway. The following changes to the adopted Redevelopment Plan are proposed: "RESIDENTIAL LOTS ALONG DIXIE HIGHWAY Several lots on which residential uses will be permitted under the provisions of the plan currently have frontage only on Dixie Highway. Residential lots fronting on Dixie Highway are not conducive to encouraging residential development and could potentially create traffic problems. In order to avoid those problems, the SAD ordinance will require residential developments to take access from local streets, except for the interior lots fronting along Dixie Highway which are developed as single family detached dwellings. However, the driveways for sinqle family detached dwellings on the interior lots must bu designed to enable vehicles to enter and exit the site in a forward manner. That provision will prevent construction of new multiple family residential units from taking access from Dixie Highway.' Planning & Zoning Staff Report Silver Terrace Redevelopment Plan & SAD Ordinance Amendments - Driveways on Dixie Hwy Page 6 The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notices was provided to the following homeowners and civic organizations: · PROD (Progressive Residents of Delray) · Presidents Council. Public Notice: Formal public notice has been provided to the owners of all properties subject to SAD amendment as well as to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The construction of single family detached dwellings on the platted single family lots is appropriate and is consistent with the original intent of the subdivision. The provision of single family detached dwelling is also consistent with the type of residential development that has recently occurred in the Silver Terrace Redevelopment Area. Driveway connections to Dixie Highway will only be permitted on the interior lots and not the corner lots as they can be accessed from adjacent local streets. Also, the driveways must be designed so that a vehicle can enter and exit a property in a forward manner, which will alleviate the concern with vehicles backing into Dixie Highway. Therefore, the amendment to SAD Ordinance No. 39-96 and the Silver Terrace Redevelopment plan can be recommended for approval based on the findings outlined in this report. Continue with direction. Recommend to the City Commission approval of the proposed amendments to the Silver Terrace Redevelopment Plan and SAD Ordinance No. 39-96 based upon positive findings with respect to the Goals, Objectives and Policies of the Comprehensive Plan and consistency with the Silver Terrace Redevelopment Plan to encourage primarily single family detached housing: Recommend to the City Commission denial of the proposed amendments to the Silver Terrace Redevelopment Plan and SAD Ordinance No. 39-96 based upon a failure to make positive findings with respect to consistency with the Silver Terrace Redevelopment Plan and Future Land Use Element Policy C-1. Planning & Zoning Staff Report Silver Terrace Redevelopment Plan & SAD Ordinance Amendments - Driveways on Dixie Hwy Page 7 By separate motion: Recommend to the City Commission the following amendment to the Silver Terrace Redevelopment plan relating to Residential Lots Fronting Dixie Highway, based upon positive findings with respect to the Goals, Objectives and Policies of the Comprehensive Plan and consistency with the Silver Terrace Redevelopment Plan. "RESIDENTIAL LOTS ALONG DIXIE HIGHWAY Several lots on which residential uses wi//be permitted under the provisions of the plan currently have frontage only on Dixie Highway. Residential lots fronting on Dixie Highway are not conducive to encouraging residential development and could potentially create traffic problems. In order to avoid those problems, the SAD ordinance will require residential developments to take access from local streets, except for the interior lots fronting along Dixie Highway which are developed as single family detached dwellings. However, the driveways for single family detached dwellinqs on the interior lots must be des~qned to enable vehicles to enter and exit the site in a forward manner. That provision will prevent construction of new multiple family residential units from taking access from Dixie Highway.' Recommend to the City Commission approval of the following amendment to Section 3(5)(a) of SAD Ordinance No. 39-96 based upon positive findings LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan: Except for single family detached dwel/inqs on Lots 2-4, Blocks 2 and 3, residential structures shall take access from the local streets in the subdivision. No new driveway connections to Dixie Highway are permitted. The driveways on Lots 2-4, Blocks 2 and 3, must be desiqned to enable vehicles to enter and exit the site in a forward manner. Attachment: Location Map REIGLE ;.W. lOTH STREET AVENUE STERLING AVENUE SOUTHRIDGE ROAD BM I WILSON AVE · CENTRAL AVE 10TH ST DELRA Y · PLACE · · · C~9NDOS EXECU TI VE QUA R TERS -- F-LORANDA / TRAIL£R ~ S.E. 12TH RD 7 PARK ~ SHELLS__- HARBOUR SIDE DOMAINE DELRA Y THE PLAZA AT DELRA Y ! BANYAN TREE ~ VILLAGE LINTONi WOODSI BANYAN J i TREE LANE i ONE LIN TON BL VD. HARBOURS OLD HARgOUR i EDGE PLAZA L!NTON 30U LEVARD / BANK PALM t / / LII','TON ~ / CENTER _~,t ~¢C ¢,~ ~'APv CITY OF DFLRAY BEACH, FL PLANNING x, ZONING DEPARTMENT 1 · ---, SILVER TERRACE REDEVELOPMENT AREA---- / J LOTS AFFECTED BY SAD MODIFICATION (LOTS 2-4, BLOCK 2 AND LOTS 2-4, BLOCK 3, SILVER TERRACE SUBDIVISION) MAP _.cY~7'E'M --- MAP REF LM645 TO: THRU: FROM: SUBJECT: SCOTT D. PAPE, SENIOR PLANNER~/'''J~-'a~/~"~ MEETING OF OCTOBER 1, 2002 PRIVATELY INITIATED REZONING FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) TO CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED ON THE NORTH SIDE OF SE 4TM STREET~ APPROXIMATELY 110' EAST OF SE 6TM AVENUE (NORTHBOUND FEDERAL HIGHWAY). The property consists of the west 16' of Lot 28, Block 120 of the Town of Delray subdivision and contains 0.025 acres. The remainder of Lot 28 contains a historically contributing single family residence (built 1934), which is zoned R-l-AA and located in the Marina Historic Distdct The western 16' contains a driveway and canopy that is attached to the adjacent single family home to the east. The applicant proposes to incorporate the western 16' of the subject property into the previously approved mixed use development known as The Meridian located along the east side of SE 6th Avenue (northbound Federal Highway), between SE 3rd and 4th Streets, for parking and landscape areas. This rezoning is being processed concurrently with a Future Land Use Map amendment from LD (Low Density Residential 0-5 units per acre) to CC (Commercial Core), which is part of the City's Comprehensive Plan Amendment 2002-02. The Comprehensive Plan Amendment Transmittal Headng is also scheduled for the October 1st City Commission meeting. Second reading of the rezoning ordinance will occur in conjunction with adoption of the Comprehensive Plan Amendment anticipated in December. It is noted that the conveyance of the 16'-wide parcel will create a nonconformity with respect to the rear setback of the house. A condition of the Rezoning and FLUM amendment is that a variance application is submitted and approval granted (by the Historic Preservation Board) to reduce the rear setback and that the parking associated with the residence is relocated elsewhere on the property. Additional background and an analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. After reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 (Krall and Pike absent) to recommend that the requests be approved, based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan, subject to the condition that a variance application is submitted and granted for the reduction of the rear yard setback and replacement of parking elsewhere on the property. By motion, approve on first reading the ordinance for the proposed Rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) based on the findings and recommendations by the Planning and Zoning Board. /.,~,._~ Attachments: P & Z Staff Report of September 23, 2002 & Ordinance by Others ORDINANCE NO. 52-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFrJ.RAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A PARCFI. LOCATED ON THE NORTH SIDE OF SE 4TH STREET, APPROXIMATELY 127 FEET EAST OF SE 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DFJ.RAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated February, 2002, as being zoned R-I-AA (Single Family Residential) District; and WHEREAS, at its meeting of September 23, 2002, 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 WHERFAS, 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 DFJ.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. 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 CBD (Central Business District) District for the following described property: A portion of Block 120, Town of Linton (now Delray Beach), according to the Plat thereof recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, more particuhrly described as follows: The East 16.00 feet of the West 143.00 feet of the South 70.00 feet of the South half of said Block 120. Section 2. 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 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective mediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ~ 2002. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 52-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM' ITEM' September 23, 2002 IV. E. ' Future Land Use Amendment From LD (Low Density Residential 0-5 du/ac) To CC (Commercial Core) and Rezoning From R-l-AA (Single Family Residential) To CBD (Central Business District) For a Parcel of Land Associated With the Meridian Mixed-Use Development. GENERAL DATA: Owner/Applicant .......................... Mallory il, LLC Agent .......................................... ironwood Properties, Inc. Location ...................................... North Side of SE 4th Street, Approximately 127 Feet East of SE 6th Avenue (Northbound Federal Highway) Property Size .............................. 0.025 Acres Future Land Use Map ................ LD (Low Density Residential 0-5 Du/Acre) Proposed FLUM ........................ CC (Commercial Core) Current Zoning ............................ R-l-AA (Single Family Residential) Proposed Zoning ........................ CBD (Central Business District) Adjacent Zoning ................ North: CBD (Central Business District) East: R-l-AA (Single Family Residential) South: GC (General Commercial) & R-l-AA (Single Family Residential) West: CBD (Central Business District) Existing Land Use ...................... Single Family Residence Proposed Land Use .................... Parking associated with the construction of mixed use development that consists of 22 townhouses and 23,228 square feet of office space. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. j I ~ ~ i i~i!J [,I I i~l~J L~__JJI ! h,1 ATLANTIC AVENU F'~DERAL BANK 1ST ~T IV.E. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from LD (Low Density Residential/0-5 dwelling units per acre) to CC (Commercial Core) and rezoning from R-l-AA (Single Family Residential- Medium Density) to CBD (Central Business District) for property located on the north side of SE 4t~ Street, approximately 110' east of SE 6th Avenue (Federal Highway). Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The property is the west 16' of Lot 28, Block 120 of the Town of Delray subdivision and contains 0.025 acres. The remainder of Lot 28 contains a single family residence and is zoned R-l-AA. The western 16', which is the subject of the FLUM and Rezoning applications, is not located in the Marina Historic District. This portion of the property contains a driveway and canopy that is attached to the adjacent single family home to the east. The house on the balance of the property was built in 1934 and is located in the Marina Historic District overlay and is considered a contributing structure. At its meeting of December 5, 2000, the City Commission approved a FLUM and Zoning Map change to the western portion of Block 120 of the Town of Delray subdivision. These actions change the FLUM designation from GC (General Commercial) to CC (Commercial Core) and the zoning designation from GC (General Commercial) to CBD (Central Business District). At its meeting of August 28, 2002 the Site Plan Review and Appearance Board approved a site plan for a mixed use development consisting of 22 townhouses and 20 offices known as The Meridian. The applicant proposes to incorporate the western 16' of the subject property into this development to be used for parking and landscape area. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2002-02. LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Planning and Zoning Board Sta .... eport The Meridian - FLUM Amendment and Rezoning Page 2 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 proposed parking and landscape area is allowed as an accessory use to the approved mixed use development known as The Meridian in the CBD (Centra, I Business District) zoning district. The CBD zoning district is consistent with the proposed Commercial Core Future Land Use Map designation. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. As noted in the Background section of this report, the FLUM designations of the properties to the west were recently changed to Commercial Core and rezoned to CBD. These actions were taken in order to extend the downtown area as it was deemed more appropriate than the existing uses, which were primarily automotive related. The mixed use project known as The Meridian was approved to the west of the subject property. The eastern boundary of this project is generally uniform except for the subject 16' at the southern end. It has been the developer's intention to incorporate this 16'-wide parcel for additional parking. This action will provide a uniform boundary along the east side of The Meridian development. The proposed FLUM amendment will fulfill Future Land Use Element Policy C-4.2, stated as follows: Planning and Zoning Board Sta,. ,<eport The Meridian - FLUM Amendment and Rezoning Page 3 Future Land Use Element Policy C-4.2: A special CBD plan shall be developed jointly by the CRA and the City. It shall address the maximum development which can be accommodated in a competitive market while still retaining the 'Village like, community by-the-sea" character of the CBD. It shall further identify the infrastructure requirements, including parking, which will be needed to accommodate such an intensity of development. Such a plan shall be formally processed as an amendment to the Comprehensive Plan. The plan shall be instituted under the lead of the Community Redevelopment Agency but conducted through close participation with the City's Planning and Zoning Department. The CBD plan has been adopted and is now known as the Downtown Delray Beach Master Plan (adopted March 19, 2002). The Master Plan indicates that "increasing residential density is absolutely crucial to ensure a healthy and lasting life to the District that will contribute rd) the vitality of the area." The Master Plan also encourages the establishment of shared parking in the downtown core area. The Meridian development participated in the City's shared parking program. However, despite the shared parking provisions the development is required to contribute six parking spaces ($72,000) towards the City's in-lieu program. Inclusion of the subject property will allow the developer to include additional parking spaces on-site rather than full contribution to the in-lieu program. Therefore, it is appropriate that the proposed FLUM and Zoning Map designations be applied to the property as they are consistent with the Master Plan with respect to parking needs in the downtown area. Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment, a positive finding can be made with respect to fulfilling a demonstrated need. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the policy mentioned above as well as other goals, objectives and policies of the City's Comprehensive Plan. The FLUM amendment will also address the following Comprehensive Plan Policy: Future Land Use Element Policy A-1.2 - Zoning changes which would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. It is recognized that the proposed FLUM and Rezoning will not significantly increase the depth of The Meridian property. However, it will be sufficient to increase the amount of on-site parking and reduce the amount of spaces that will be contributed via the in-lieu fee program. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Planning and Zoning Board Sta,.-. <eport The Meridian - FLUM Amendment and Rezoning Page 4 The proposal involves the FLUM amendment on a 0.025 acre parcel from LD to CC and a rezoning from R-l-AA to CBD. With the current FLUM and Zoning Map designations, the property could not be redeveloped, as it does not meet the minimum lot size, lot width, lot depth, and lot frontage in the R-l-AA zoning district. Given the size of the subject property, redevelopment to a use other than the proposed accessory parking area is unlikely. El Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Based on the finding by the Planning and Zoning Board and City Commission for the FLUM and Rezoning for the balance of The Meridian property, the designation change for the subject property would be compatible with the adjacent single family neighborhood to the east. The existing surrounding land uses are vacant to the north, single family residential to the south and east, and mixed use office and residential (The Meridian) to the west. The FLUM designations of the surrounding uses are CC (Commercial Core) to the north and west, LD (Low Density Residential 0-5 dwelling units per acre) to the east, and GC (General Commercial) to the south. The proposed designation change will "square-off' the district boundaries, which are Commercial Core along the west side of Block 120 and residential along the east side. Based on the above, a positive finding with respect to compatibility can be made. El Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 0.025 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. Future redevelopment will be directed by the Master Plan, which will comply with the City's Land Development Regulations. It is noted that the conveyance of the 16'- wide parcel will create a nonconformity with respect to the rear setback of the single family residence to the east. The required setback in the R-l-AA zoning district is 10' from the property line. When the property is conveyed to The Meridian, the rear setback would be approximately 5'. In order to compensate for this nonconformity, the property owner of the single family residence must apply and be granted a variance from the Historical Preservation Board. Since the conveyance of the property will eliminate the driveway and carport of the single family residence, an alternative parking design must be provided. A condition of the FLUM amendment is that a variance must be submitted and granted for the rear yard setback and that alternative parking be provided. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be made. Section 3.2.2 (Standards for Rezoninq Actions): Standards B and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: Planning and Zoning Board Sta.. ,~eport The Meridian - FLUM Amendment and Rezoning Page 5 (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is located within the area identified as stable on the Residential Neighborhood Categorization Map. The development pattern along SE 6th Avenue (northbound Federal Highway) is such that the western halves of the blocks on the east side of the road have been developed as commercial. The subject property is the only instance where the residential zoning has encroached onto the western half of the block. The CBD zoning district is the established zoning classification along the western half of these blocks. Therefore, residential zoning for this parcel is not appropriate. Therefore, this policy should not be applicable given the existing development pattern. (c) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed rezoning would designate the 0.025 piece of land as CBD and thereby slightly increasing the depth of The Meridian property along SE 6th Avenue (Federal Highway) which is also zoned CBD. The proposed rezoning will allow The Meridian mixed use development to construct additional parking spaces thereby reducing the need for in-lieu parking spaces making for a better office and residential development. (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 property: Direction Zoning Uses North CBD West CBD South GC East R-1-A Atlantic Center Shoppes Mallory Square townhouses Single family residences Single family residences The proposed rezoning is compatible with the adjacent land uses and consistent with the development pattern along Federal Highway. As noted, in the background section of this report, the Planning and Zoning Board and City Commission made a finding that the CBD zoning district is compatible with the Planning and Zoning Board Str... ,<eport The Meridian - FLUM Amendment and Rezoning Page 6 surrounding properties when the properties to the north and west were rezoned on December 5, 2000. Section 2.4.5(D}(5) (Rezonincl Findincls): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, 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: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; Gm That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. As noted previously, development pattern along SE 6th Avenue has been established such that the western half of the blocks have developed as commercial where the eastern half has been developed as residential. The proposed rezoning to CBD is the correct zoning designation for the proposed Commercial Core FLUM designation. The proposed rezoning will "square-off" the zoning boundaries consistent with the remainder of the block. Therefore, a finding can be made the rezoning fulfills subsections "b" and The property is not in an area that requires review by the DDA (Downtown Development Authority). Community Redevelopment Agency (CRA): The CRA reviewed the FLUM amendment and Zoning Map change at its meeting of September 12, 2002 and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Planning and Zoning Board Sta.. ,~,eport The Meridian - FLUM Amendment and Rezoning Page 7 · Beach Property Owners · Via Marina · PROD · Presidents Council The proposed amendments will provide a consistent boundary between the west (commercial) half of the block and the east (residential) half. It is noted that the conveyance of the 16'-wide parcel will create a nonconformity with respect to the re,ir setback of the house. A condition of the. FLUM amendment is that a variance application is submitted and a variance is granted for the rear setback by the Historic Preservation Board and that the parking is relocated elsewhere on the property. Furthermore, the proposed designation changes are consistent with the Downtown Delray Beach Master Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment and Rezoning can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Bo Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Recommend denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the proposed FLUM Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CC (Commercial Core), subject to the condition that a variance application is submitted and granted for the reduction of the rear yard setback, replacement of parking elsewhere on the property, and approval of the Rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Planning and Zoning Board St;,.. ?,eport The Meridian - FLUM Amendment and Rezoning Page 8 Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan Report prepared by: Scott Pape, Senior Planner Attachments: · Proposed Future Land Use Map · Zoning Map · Survey s.e. 2ND ST. ST. ~ s.g. ST. ~ SEA GA T£ 4TH LMANOR BEA CH WOMEN'S CLUB N CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT AREA OF PROPERTY AREA OF MODIFICATION THE MERIDIAN -- REZONING - FROM: R-l-AA (SINGLE FAMILY RESIDENTIAL) TO: CBD (CENTRAL BUSINESS DISTRICT) ---- D/G/i'A/. ~45E MAP .~)'~I'EM -- MAP REF LM 64.0 SKETCH OF SPECIFIC PURPOSE SUR¥'r--Y A PORTION OF BLOCK i~0 TOWN OF LINTON (NOW DELRAY BEACH) ""' (PO 1, PG 3, PBCR) ~ SURVEY NOTES: } SCALE: 1"=30' ~.. ~. THC' SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW J I ~ ~ z B-~RINGS SHOWN HEREON ARE RELATIVE TO THE J 0 ,',',',',',',',','J~ ~ RIDHT--OF-WAY UNE OF NORTHBOUND U.S. . .,._ ~ LANDS ~HOV/H HEREON HAVE NOT EI~;B~,I ABSTRA,.,"T-'-'-'-'-'-'-'~) ~'f SHAH, DROTDS ~: ASSOCIA'T~ FOR RI~HT~-OF--WAY,<~ j '"- -Ft._ "%- '-.J o ,OWNERSHIP DR DTHi~ I,STRUUENTS OF ~ ~ N52, S122, W143, BLOCK 120 .~ O o LESS THE W5' ! ~ ...m- ~ SOB'5'"8 4-6 -'. ~ '"r' L,_ mm~-m ' Z r · ~..00 Z I--O I ~ 4~.oO' _ 25.00' ~ .q: S70', W127', BLOCK 120 ~*' ~?~ t sou UN / .00' ! o. (Pa ~, PC 3, P~C~) ~E ~ 1E.OD ~ DF ~E ~ 143.DD ~ DF THE ~/~ / 120. MICH~ ~. ROSE ~D ~DS LYING IN ~E C~ DF D~Y B~CH. PALM PRO~IO~ SU~CR ~D M~PER B~CH COU~. ~ORIDA, CDN--~NING 1120 SQUARE ~. ~RI~ REGI~TION NO. ~99B MORE OR ~S. PRDJE~ NO: 01--D557~D3 SH~ I DF 1 SH~ UN~ ~ B~S ~ SIG~TUR[ ~D OF A ~RI~ UDEN5~ SURV~DR AND MAPP~ ~HIS ~ IS ~R ~ NAME: X:XC~SUR~O_~_, ,SK~CH~I~SU~ ~N~ORUA~O~ PUR~ ON~ AND IS ~ ENGIN~RING ~ 1 I I J ~A ~H t. ~ I ~ I ~D~OTOS ~ SPECIR= PgRPDSE SU~ J ~ ~JI MDR lS35 S. Perlmeie. Rood · Suite 190- Ft. ~uo.rool.. R. J, R~SIDNS ,J ~N J ~J ~/P~ ~ CH~ PH: 954-w6-7604 · FAX: ,~54-776-760~ TO: THRU: FROM: SUBJECT: ~' CITY COMMISSION DOCUMENTATION DAVID T. HARDEN, CITY MANAGE~_ ,~',~/ .~zo.,.o ~.o~ cou.~ ~. ~o.,cu~.u~ .~s,~.~,~. co co~.c,~. ~.~ ..u ~.~s,o~..,~ ..~.s,.,o.~ u.~.~ ~o c,~ ~o. ~w. ~ .~.c~s o~ ~.= co..~..,.~ ~...ox,~.~ ~.~ ~c.~s ~oc~.~o .o... o~ ~.~ ,=~ .o~= ~~. ~.w,c..o~ AND MILITARY TR~L. The subject property contains 11 unplatted parcels of land totaling 54.5 acres, and are owned entirely by the City of Delray Beach. At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 (02-1), to the Department of Community Affairs for review, and approved on first reading the voluntary annexation of the subject property. Comprehensive Plan Amendment 02-1 included the assignment of Future Land use Map Designations and Zoning districts for the subject parcels. Due to an advertising error, which inadvertently left out the rezoning aspect of the amendment, the re-approval of the zoning aspect only, became necessary. At its meeting of August 6, 2002, the City Commission approved the second and final reading of the voluntary annexation of the subject parcels. As a result of this annexation, all parcels maintained their existing County Zoning and Future Land Use Map Designations; until such time that Comprehensive Plan Amendment 02-1 is adopted. The second and final reading of this rezoning request will coincide with the adoption hearing for Comprehensive Plan Amendment 02-1, which is anticipated for October 15, 2002. The proposal before the Commission is to apply City zoning of PC (Planned Commercial) to 6.63 acres of the subject area, with the remaining 47.87 acres receiving City zoning of PRD (Planned Residential Development). The proposed zone districts are consistent with the Future Land Use Map designations as proposed by Comprehensive Plan Amendment 02-1. Additional background and a complete analysis is found in the attached Planning & Zoning Board Staff Report. At its meeting of September 23, 2002, the Planning and Zoning Board considered the request at a public hearing. Several adjacent residents made comments. The general concerns centered around the RFP process for the eventual development of the subject parcels. After reviewing the staff report and discussion, the Board voted 5 to 0 (Krall and Pike absent), to recommend approval, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). I ....................................................... REC°MM~,NDED, ~CT!~ ......... , :::: By motion, approve on first reading the ordinance for the rezoning request from County AR (Agricultural Residential), County RTU (Residential Transitional Urban), and County CG (General Commercial) to City PRD (Planned Residential Development) and City PC (Planned Commercial), based upon the findings and recommendation by the Planning and Zoning Board, and set a public hearing date of October 15, 2002. Attachment: · P & Z Staff Report of September 23, 2002. / ~-~D · Ordinance S:~ P&Ztboards~citycommission~BarwickAreaRZ-CCDoc. doc ORDINANCE NO. 49-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEIfllAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED COUNTY AR (AGRICULTURAL RESIDENTIAL), GC (GENERAL COMMERCIAL) AND RTU (RESIDENTIAL TRANSITIONAL URBAN) DISTRICTS TO PRD (PLANNED RESIDENTIAL) AND PC (PLANNED COMMERCIAL) DISTRICTS; SAID LAND BEING 11 PARCELS LOCATED SOUTH OF THE L-30 CANAL, BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELKAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated September, 2002, as being zoned County AR (Agricultural Residential), CG (General Commercial), and RTU (Residential Transitional Urban) Districts; and WHEREAS, at its meeting of September 23, 2002, 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 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 DF. LRAY BEACH, FLORIDA, AS FOIJ-OWS: Section 1. 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 PRD (Planned Residential) and PC (Planned Commercial) Districts as set forth in Exhibit "A" attached hereto and made a part hereof. Section 2. 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 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent iufisdicfion 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. Secdon 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regad_ar session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 49-02 CITY PLANNING AND ZONING BOARD OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant ............... Location .......................... Property Size .................. Existing FLUM ................ Current Zoning ................ Proposed Zoning ............. Adjacent Zoning ..... North: East: South: We~: Existing Land Use ............ September 23, 2002 IV. B. Rezoning From (County) RTU (Residential Transitional Urban) In Part, AR (Agricultural Residential) In Part and CG (General Commercial) In Part To (City) PRD (Planned Residential Development) In Part and PC (Planned Commercial) In Part for Eleven Parcels of Land Located North of Lake Ida Road, Between Barwick Road and Military Trail. (Quasi-Judicial Hearing) City of Delray Beach Located South of the L-30 Canal, Between Barwick Road and Military Trail. 54.5 Acres County CliO/8 (Commercial High Office- 8 Units/Acre) & MR5 (Medium Residential - 5 Units/Acre) County AR (Agricultural Residential) & CG (General Commercial) & RTU (Residential Transitional Urban) PRD (Planned Residential) & PC (Planned Commercial) County AR (Agricultural Residential) & RS (Single Family Residential) County AR (Agricultural Residential) & City of Delray Beach R-l-AA (Single Family Residential) City of Delray Beach RM (Multiple Family Residential) County AR (Agricultural) & GC (General Commercial) & PUD (Planned Unit Development) Residential, Vacant, & Agricultural IV.B. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a City Initiated rezoning from County AR (Agricultural Residential), County RTU (Residential Transitional Urban), and County CG (General Commercial) to City PRD (Planned Residentiual Development) and City PC (Planned Commercial), for eleven (11) parcels of land located in the northwest quarter of Section 12 (Range 42, Township 46), pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make'a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject parcels are generally located between Barwick Road and Military Trail, north of Lake Ida Road. BACKGROUND The subject property contains 11 unplatted parcels of land totaling 54.5 acres, and are owned entirely by the City of Delray Beach. At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 (02-1), to the Department of Community Affairs for review, and approved on first reading the voluntary annexation of the subject property. Comprehensive Plan Amendment 02-1 included the assignment of Future Land use Map Designations and Zoning districts for the subject parcels. Due to an advertising error, which inadvertently left out the rezoning aspect of the amendment, the re-approval of the zoning aspect only, became necessary. At its meeting of August 6, 2002, the City Commission approved the second and final reading of the voluntary annexation of the subject parcels. As a result of this annexation, all parcels maintained their existing County Zoning and Future Land Use Map Designations; until such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted. The second and final reading of this rezoning request will coincide with the adoption hearing for Comprehensive Plan Amendment 2002-1. The hearing is currently scheduled for the City Commission Meeting of October 15, 2002. ~ Please see Reference Map "City Owned Parcels Rezonings", for the next sectio¢l. For identification purposes, each of the eleven parcels has been given an arbitrary numbr~r These numbers correspond to numbers assigned to each parcel at the onset Planning and Zoning Board Staff Report City Owned Parcels Rezonings Page 2 of acquisition by the City. The numbering system is being maintained in order to provide continuity and ease of identification. Under direction of the City Commission, staff issued a Request for Proposal (RFP) to Master Plan this area for future development. Although Amendment 02-1 will assign FLUM designations, and this current request will assign individual zoning districts to the subject area, the Master Plan will describe a more comprehensive and detailed use of the land. General direction was given for three over-all goals: 1. Parcels 1 & lA (6.63 acres), should be designated for commercial development. Due to their proximity to Military Trail, these parcels appear to be the most marketable for commercial development, and will help to off-set the land acquisition costs incurred by the City. Consideration should also be given to the dedication of right-of-way to provide access from Military Trail to the residential parcels to the east. It is noted the commercial zoning designation would also allow development of multi-family units. 2. The balance of the subject area (47.87 acres) should be designated for single family residential development. Moderate-income housing should be emphasized. 3. Reserve approximately 10-15 acres of the residential component for a neighborhood park. Preliminary analysis by the Parks & Recreation Department identified several parcels which would be suitable. Emphasis will placed on certain parcels which have heavy concentrations of existing trees. The deadline to respond to the RFP was August 29, 2002. Four (4) individual companies submitted responses, with a total of five (5) individual development scenarios. A review team made up of City staff, local design professionals, and representatives of adjacent homeowners associations, are currently reviewing the submitted responses. The review team will present their findings to the City Commission at a workshop to be held October 8, 2002 (tentative). The existing land uses for each of eleven properties are as follows: Parcels 1, lA, 3, 4, and 5 are vacant; Parcels 2 and 11 have single family homes; Parcels 9, 10, 17, and 18 have agriculture uses. PROJECT DESCRIPTION The proposal before the board is to apply City zoning districts to all 11 parcels. Corresponding City Future Land Use Map Designations (as shown below) will be applied to all parcels with the adoption of Comprehensive Plan Amendment 02-1. The following table represents the existing County FLUM designations and zoning, and the proposed designation of City FLUM and zoning for each parcel: Planning and Zoning Board Staff Report City Owned Parcels Rezonings Page 3 EXISTING PROPOSED County County City City Parcel ID Zoning FLUM Zoning FLUM 1 AR MR-5 PC GC lA CG CHO/8 PC GC 2 RTU MR-5 PRD LD 3 AR MR-5 PRD LD 4 AR MR-5 PRD LD 8 AR MR-5 PRD LD 9 AR MR-5 PRD LD 10 AR MR-5 PRD LD 11 AR MR-5 PRD LD 17 AR MR-5 PRD LD 18 AR MR-5 PRD LD ":'ZONINGi' ANALYSIS REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The City is seeking initial zoning designation of PC (Planned Commercial) for Parcels 1 & lA. Both parcels are currently vacant, and the PC zone district is consistent with the GC (General Commercial) FLUM designation. Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 are to be assigned to the PRD (Planned Residential Development) zone district. All parcels are currently vacant or underdeveloped, meaning sparse single family or agricultural uses. The PRD zone Planning and Zoning Board Staff Report City Owned Parcels Rezonings Page 4 district is consistent with the LD (Low Density Residential, 0-5 units/acre) FLUM designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water: There are existing distribution lines associated with several developments in the area, i.e. Winterplace (northeast corner of Military Trail and the L-30 canal) Barwick Ranch, and Sabal Lakes. As the area is proposed for development, water main extensions will be required by this development. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build- out. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of Winterplace development. With redevelopment of the subject properties, further sewer main extensions will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The properties have access from either Military Trail or Barwick Road. Additionally, two local roads, 133 Road South and Palm Ridge Boulevard, provide access from Barwick Road into the properties. Depending on the development pattern, additional local roads internal to future residential development are anticipated with redevelopment of the property. Military Trail and Barwick Road are under the jurisdiction of Palm Beach County. The development of the property under the current County MR-5 and CH-O designations and the proposed City LD and GC designations would be similar with the exception of an increase with the change of designation for parcel 1. With future development, site plan approval will be required along with a full analysis of the traffic impact. However, there is adequate capacity on Military Trail to accommodate additional trips under either scenario. Parks and Open Space: The annexation of the property to accommodate future residential and commercial development will have some impact on park and recreational facilities. However, part of the future development of the area includes a public park site. The provision of new neighborhood parks has been identified as a future need in the City's recently completed Parks and Recreation Master Plan. Solid Waste: The future development of this area will continue to have similar solid waste impacts. The solid waste authority has indicated they have sufficient capacity to service this area. The service provider will not change, as described later in this report. Section 3.2.1 (Basis for Determininq Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the Planning and Zoning Board Staff Report City Owned Parcels Rezonings Page 5 following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoninq Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standard of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 [Currently zoned County AR (Agricultural Residential) and RTU (Residential Transitional Urban District), are proposed for City PRD (Planned Residential Development), 47.87 Acres]: As the surrounding uses are primarily residential or vacant with a small amount of commercial, compatibility with the adjacent uses is not a concern. Parcels 1 & lA [Currently zoned CG/SE (General Commercial - Special Exception) and AR (Agricultural Residential), proposed for City PC (Planned Commercial), 6.63 Acres]: Parcels 1 & lA are bordered by commercial uses on the north and west sides and residential on the south and east. Compatibility may be a concern with the adjacent residential uses, but as both parcels are currently vacant, future commercial development would be subject to the City's development review process. Thus any potential adverse impacts can be properly mitigated through the applicable requirements of the Land Development Regulations. Section 2.4.5~D)(5) (Rezonin_cl Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; Planning and Zoning Board Staff Report City Owned Parcels Rezonings Page 6 That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach Planning Area, as defined in the Comprehensive Plan. The City, being the current owner, is seeking annexation of this property into the City, which requires that appropriate City zoning designations be applied. The requested PC (Planned Commercial) zoning and PRD (Planned Residential Development) zoning is consistent with the GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) Future Land Use Map designations, respectively. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Properties involved with this proposal are vacant, have sporadic single family structures, or agricultural uses. The agricultural uses located with the subject area, which will be phased out, and the single family homes will be demolished in order to provide for a larger master planned community. All future development, both commercial and residential, will be processed through the City's development review process, and will comply with the Land Development Regulations. REVIEW, BY oTHERs The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On April 10, 2002 the Palm Beach County Planning Division was notified of the City's intent to annex this property, and assign initial Future Land Use Map Designations and zonings. Palm Beach County does not object to these actions. IPARC Notice: Notice of the Future Land Use Map Amendment, which included the proposed rezonings, was provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: · Progressive Residents of Delray (PROD) · President's Council Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 7 Delray Shores HOA Barwick Estates HOA · Lake Forest South HOA · Rainberry Bay HOA · RainberryWoods HOA · Rainberry Lakes HOA · Barwick Estates HOA · Sabal Lakes HOA · Chatelaine HOA · Country Manors HOA · Don Klein (Barwick Estates) Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSIONS The requested PRD (Planned Residential Development) zone district is appropriate given that the advisory designations and long term plans for this area are Iow density single family residential. The PRD (Planned Residential Development) zone district is consistent with the proposed LD FLUM designation. The proposed PC (Planned Commercial) zone district is consistent with the proposed GC (General Commercial) FLUM designation. Issues and concerns with adjacent residential uses and impacts of commercial development can be properly mitigated through the City's development process. ALTERNATIVE ACTIbNS Continue with direction. Recommend approval of the rezoning request from County AR (Agricultural Residential), County RTU (Residential Transitional Urban), and County CG (General Commercial) to City PRD (Planned Residential Development) and City PC (Planned Commercial), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonmgs Page 8 Recommend denial of the requested rezoning from County AR (Agricultural Residential), County RTU (Residential Transitional Urban), and County CG (General Commercial) to City PRD (Planned Residential Development) and City PC (Planned Commercial), with the basis stated. STAFF': RECOMMENDATION Recommend approval of the rezoning request from County AR (Agricultural Residential), County RTU (Residential Transitional Urban), and County CG (General Commercial) to City PRD (Planned Residential Development) and City PC (Planned Commercial), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: · Location Map · Aerial Photo Map s:\planning & zoning\boards\p&z board\cityownedP, Z.doc n-m CLASSICAL BOULEVARD P.L AGR AR PRD COM AR PRD MODERN DRIVE i I ! BOULEVARD AGR AR PRD ,- VAC PRD VAC c<~ PC VAC AR PC SFR VAC RTU AR PRD PRD AGR AR PRD AR PINE TREE DRIVE SUNRISE BOULEVARD SFR AR PRD RANCH mmmmmm ii m ii mClTY LIMITSm~ImlI~ L-51 SABAL LAKES 133 ROAD SC CANAL I ~ N W. 9TH N MAY 2002 .... CITY LIMITS .... (~)- PARCEL ID CITY OF DELRAY BEACH. FL PLANNING · ZONING DEPARTMENT CITY OWNED PARCELS REZONING AG R -- EXISTING LAND USE AR ---- COUNTY ZONING DESIGNATION PRD --..-- PROPOSED CITY ZONING AGR -AGRICULTURE COM -COMMERCIAL SFR -SINGLEFAMILY VAC -VACANT AR, RTU - RESIDENTIALZONING CG - COMMERCIALZONING PRD - PLANNED RESIDENTIAL DEVELOPMENT -- DIGITAl. ~SE IVf,,4P SY~M -- MAP REF LM592 I TO: THRU: FROM: SUBJECT: CITY ~oMMIS~iON 'DOCUMENTATi0N ...... "~ oc o. . cou. .uo SUBDIVISION, LOCATED ON THE EAST SIDE OF MILITARY TRNL, APPROXIMATELY % MILE NORTH OF LAKE IDA ROAD, JUST SOUTH OF THE LWDD L-30 CANAL. The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in February of 2001. The site, now known as The Colony at Delray Beach, contains 151 zero lot line detached single family homes, situated on 34.6 acres land. At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 (02-1), to the Department of Community Affairs for review, and approved on first reading the voluntary annexation of the Winterplace Subdivision, pursuant to a water service agreement dated March 8, 2000. Comprehensive Plan Amendment 02-1 included the assignment of the City's Future Land Use Map Designation of LD (Low Density Residential, 0-5 du/ac), and zoning district of PRD (Planned Residential Development) for the subject property, which are consistent with each other. Due to an advertising error, which inadvertently left out the rezoning aspect of the amendment, the re-approval of the zoning aspect only, is necessary. At its meeting of August 3, 2002, the City Commission approved the second and final reading of the voluntary annexation of the subdivision. As a result of this annexation, the subdivision maintained its existing County Zoning and Future Land Use Map Designations; until such time that Comprehensive Plan Amendment 02-1 is adopted. The second and final reading of this rezoning request will coincide with the adoption hearing for Comprehensive Plan Amendment 02-1, which is anticipated for October 15, 2002. Additional background and a complete analysis is found in the attached Planning & Zoning Board Staff Report. PLANNING c~NSlDEF~TION,' At its meeting of September 23, 2002, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning this item. After reviewing the staff report and discussion, the Board voted 5 to 0 (Krall and Pike absent), to recommend approval, Positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). By motion, approve on first reading the ordinance for the rezoning request from County PUD (Planned Unit Development) to City PRD (Planned Residential Development), based upon the findings and recommendation by the Planning and Zoning Board, and set a public hearing date of October 15, 2002. Attachment: · P & Z Staff Report of September 23, 2002. · Ordinance S:~ P&Z~boards~citycommission~WinterPlaceRZ-CCDoc. doc ORDINANCE NO. 50-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED COUNTY PUD (PLANNED UNIT DEVFJ.OPMENT) DISTRICT TO PRD (PLANNED RESIDENTIAL) DISTRICT; SAID LAND BEING A 34.6 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF THE L-30 CANAL AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DEI.RAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated September, 2002, as being zoned County PUD (Planned Unit Development) District; and WHEREAS, at its meeting of September 23, 2002, the Planning and Zoning Board for the City of De[ray 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 WHEREakS, 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 DF_ZIL~Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Deltay Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of PRD (Planned Residential) District for the following described property: All of the plat of Winterplace (Plat Book 89, Page 179, as recorded in the Public Records of Palm Beach County, Florida) Section 2. 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 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in reg~lar session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk First Reading. Second Reading 2 ORD NO. 50-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant ............... Location .......................... Property Size .................. Existing FLUM ................ Current Zoning ................ Proposed Zoning ............. Adjacent Zoning .....North: East: South: West: Existing Land Use ............ Proposed Land Use ......... Water Service .................. Sewer Service .................. September 23, 2002 IV. C. Rezoning From (County) PUD (Planned Unit Development) To (City) PRD (Planned Residential Development) For a 34.6 Acre Parcel, the Winterplace Subdivision (now known as The Colony at Delray Beach), Located at the Southeast Corner of Military Trail and the L-30 Canal. (Quasi-Judicial Hearing) Colony of Palm Beach Located at the Southeast Comer of the L-30 Canal and Military Trail. 34.6 Acres County MR5 (Medium Residential- 5 units/acre) County PUD (Planned Unit Development) . L-3O. I oi ~ LAKE IDA ROAD PRD (Planned Residential) County AR (Agricultural Residential) & RTU (Residential Transitional Urban) AR (Agricultural Residential) AR (Agricultural Residential) & RS (Single Family Residential) PO (Public Ownership District) & AR (Agricultural Residential) Residential Same as existing Existing on site Existing on site .. IV.C. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation on a City Initiated rezoning from County PUD (Planned Unit Development) to PRD (Planned Residential Development) for the Winterplace Subdivision. Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject parcel is located on the east side of Military Trail, approximately ¼ mile north of Lake Ida Road, just south of the LWDD L-30 Canal. BACKGRouND The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in February of 2001. The site, now known as The Colony at Delray Beach, contains 151 zero lot line single family homes, situated on 34.6 acres land. At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 (02-1), to the Department of Community Affairs for review, and approved on first reading the voluntary annexation of the Winterplace Subdivision, pursuant to a water service agreement dated March 8, 2000. Comprehensive Plan Amendment 02-1 included the assignment of the City's Future Land Use Map Designation of LD (Low Density, 0-5 du/ac), and Zoning district of PRD (Planned Residential Development) for the subject property. Due to an advertising error, which inadvertently left out the rezoning aspect of the amendment, the re-approval of the zoning aspect only, is necessary. At its meeting of August 3, 2002, the City Commission approved the second and final reading of the voluntary annexation of the subdivisior). As a result of this annexation, the subdivision maintained its existing County Zoning and Future Land Use Map Designations; until such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted. The second and final reading of this rezoning request will coincide with the adoption hearing for Comprehensive Plan Amendment 2002-1. The first hearing is currently scheduled for the City Commission Meeting of October 1, 2002, with the second reading on October 15, 2002. The subject property, although only recently annexed into the City, has several additional City land use actions associated it, which are summarized chronologically below: Planning and Zoning Board Staff Report Winterplace Rezoning Page 2 February 4, 1994: City Commission approved a water service agreement for the subject property. The agreement was to allow the establishment of a wholesale nursery operation (Southern Ornamental Plants). September 5, 1995: City Commission approved a Future Land Use Map amendment for the property from the City's advisory Future Land Use Map designation of RR (Rural Residential) to City LD (Low Density Residential, 0-5 units/acre). This created consistency with the County's designation of the property of MR-5 (Medium Density Residential - 5 units per acre). January 27, 1997: Planning and Zoning Board approved a conceptual master plan for 173 single family units and recommended approval to the City Commission of the associated water service agreement. February 4, 1997: City Commission approved the water service agreement for the proposed 173 unit development. October 11, 1999: Planning and Zoning Board approved a master development plan for 151 single family units. November 2, 1999: City Commission approved the current water service agreement for the proposed 151 single family subdivision. There have been several master plan modifications to the project subsequent to these approvals, none of which were considered a material change to the project. The developers of the subdivision have submitted a site plan modification, which is currently in process. Currently the subject area is platted as a 151 unit single family subdivision. Approximately 6 units have been constructed and sold, and several additional units are under construction. PROJECT DESCRIPTION The proposal before the board is to apply a City zoning designation of PRD (Planned Residential Development) to the 151 unit subdivision. The existing County zoning of PUD (Planned Unit Development) will be maintained, until this request is forwarded with Comprehensive Plan Amendment 02-1 for final adoption. ZONING ANALYSIS REQUIRED FINDINGS: (Chapter 3) P,r~uant 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 Planning and Zoning Board Staff Report Winterplace Rezoning Page 3 of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The development subdivision contains 151 single family homes, and will recieve a PRD (Planned Residential Development) zoning designation. The 34.6 acre development will have an overall density of 4.36 units/acre. Planned single family communities are, a permitted use within the PRD zone district. Further, this development received master plan approval from the City on October 11, 1999. As part of the' master plan approval, the proposed development was reviewed under the PRD criteria, and it was identified that upon annexation this development would be assigned to the PRD zone ~listrict. The PRD zone district, with a density 4.36 units/acre, is consistent with the LD (Low Density Residential, 0-5 unit/acre) FLUM designation. ~, Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Findings of Concurrency for the 151 unit single family subdivision were made at the time of the master plan approval, approved in 1999. There will be no changes to the development. However, the following summary is provided. Water: Water service is currently provided from a connection to 12" water main on the east side of Military Trail and along the property's south property line, which connects to the existing mains within Military Trail and Barwick Road, as per the approved development plan. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of Winterplace development. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: A traffic study was been provided to the Palm Beach County Traffic Division during the master development plan process. This study indicated that the proposed 151-unit single family development will generate 1,510 new vehicle trips onto the surrounding roadway network. With the widening of Lake Ida Road, there is sufficient capacity available to accommodate the impact of the development. Parks and Recreation Facilities: The single family residences will not have a significant impact with respect to level of service standards for parks and recreation facilities. Upon annexation, each unit constructed will be required to pay the City's recreation impact fee of $500. Solid Waste: Trash generated each year by this development (when fully developed), will be approximately 1.99 tons per single family residence per year (151 units) for a Planning and Zoning Board Staff Report Winterplace Rezoning Page 4 total of 300.49 tons/year. This increase can be accommodated by existing facilities and thus, will not be significant with respect to this level of service standard. Section 3.2.2 (Standards for Rezonin~ Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. 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 uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist ,to properly mitigate adverse impacts from the new use. As the property is platted for a 151 single family units, and has received approval previously from the City, as well as the County, in the form of a master plan, compatibility with all adjacent uses is not a concern. Perimeter landscape buffers are provided to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezoninq Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.'1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach Planning Area, as defined in the Comprehensive Plan. The subject property is being voluntarily annexed into the City, pursuant to the water service agreement, which requires that appropriate City zoning designations be applied. The requested PRD (Planned Residential Development) zone district is consistent with the proposed LD (Low Density Residential, 0-5 units/acre) designation, and is similar to the existing County PUD zone district. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: As stated previously in this report, compliance with the Land Development Regulations was addressed with the Master Plan approval, which was approved by the Planning & Zoning Board at their meeting of October 11, 1999. Given this fact, a positive finding with respect to compliance with the City's Land Development Regulations can be made. Planning and Zoning Board Staff Report Winterplace Rezoning Page 5 REVIEWS' BY OTHERS ~ The subject property is not Jn a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On April 10, 2002 the Palm Beach County Planning Division was notified of the City's intent to annex this property, and assign initial Future Land Use Map Designations and zoning designations. Palm Beach County does not object to these actions. ' IPARC Notice: Notice'of the Future Land Use Map Amendment, which included the proposed rezonings, was provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections were received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: · Progressive Residents of Delray (PROD) · President's Council · DelrayShores HOA · Barwick Estates HOA · Lake Forest South HOA · Rainberry Bay HOA · RainberryWoods HOA · Rainberry Lakes HOA · Barwick Estates HOA · Sabal Lakes HOA · Chatelaine HOA · Country Manors HOA e E)on Klein (Barwick Estates) Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 6 ASSESSMENT-' AND cONCLUSIONS The requested zone district of PRD (Planned Residential Development) is consistent with the proposed Future Land Use Map designation of LD (Low Density Residential, 0- 5 units/acre), which will be adopted with Comprehensive Plan Amendment 02-1. In addition the PRD (Planned Residential Development) zone district is consistent with analysis preformed as part of the master plan approval for this development, prior to annexation. , ALTERN~TIVE~"ACTIONS ~' ~ A. Continue with direction. Recommend approval of the rezoning request from County PUD (Planned Unit Development) to PRD (Planned Residential Development), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Recommend denial of the rezoning request from County PUD (Planned Unit Development) to PRD (Planned Residential Development), with the basis stated. 'RECOMMENDATION~!~ STAFF Recommend approval of the rezoning request from County PUD (Planned Unit Development) to PRD (Planned Residential Development), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: · Location Map · Aerial Map PALM RIDGE BLVD ~ R~ANOH SABAL LAKES - i,33 ROAD i SOUTH L-3~ OANAL CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ---- DIGITAL ~gASE MAP SYSTE~4 ---- WINTERPLACE REZONING FROM: COUNTY P.U.D. (PLANNED UNIT DEVELOPMENT) TO: CITY PRD (PLANNED RESIDENTIAL DEVELOPMENT) 1::~ LK, BAIq Iii Ii R J (.J#lTl"O OIJKIli.ITT ~d,l~'HrFIS~411, wit B,~ITC: w.£~Ci. AW.CO~q September 12, 2002 N,-,, 1003 }'. 2/2 flOl~'Hel~OOl: SUlTr s, I l~ PAl. lq BI'&¢I,I. FL.OI~II~,A 3,~1401 rJ, X $& I .I1~4,36'~B Re~ly to: Boca Rain Via Facsimile Ms. Barbara Garito City Clerk City of Delray Beach, Florida 100 N.W, 1st. Avenue, 2'a Floor Dekay Beach, Florida 33444 610 N. Ocema Boulevard 2002-164-COA-HPB RECEIVED CITY CLERK Dear Ms. Garito: On behalf of Frank and Nilsa McKirmey, we hereby request that the hearing scheduled for this evening's City Commission meeting be conrhmed to the fu'st meeting in November. We are in the process of filing a building permit and obtaining all necessary documentation required by the braiding department. We do not anticipate needing any additional time past the November meeting. We, of cottrse, will be at tonight's meeting to request this continuance from the City Commission. If you have any questions, please do not hesitate to contact mc. Smcerelg. ELK, BANKIER & CHRISTU ~'[~ K becca L. Henderson, Esq. P,J..H:kan cc: Frank mid Nilsa McKinney P',Uscr~',kLl'l'J4.cKmney~.a'~r,to[~ ~