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03-03-09 Regular Agenda
ëØÖÈÑÜË úÎÐÐÔÊÊÔÎÏ ðØØÉÔÏÖ ëèñøê ÷îë íèûñôú íüëéôúôíüéôîï éÈØÊÙÜÄ ðÜËÚÕ íèûñôú úîððøïé éÕØ ÍÈÛÑÔÚ ÔÊ ØÏÚÎÈËÜÖØÙ ÉÎ Î××ØË ÚÎÐÐØÏÉÊ ÆÔÉÕ ÉÕØ ÎËÙØË Î× ÍËØÊØÏÉÜÉÔÎÏ ÛØÔÏÖ ÜÊ ×ÎÑÑÎÆÊ úÔÉÄ êÉÜ×× ëØÖÈÑÜË ðØØÉÔÏÖ ÍÐ ÍÈÛÑÔÚ ÚÎÐÐØÏÉÊ úÎÐÐÔÊÊÔÎÏ ÙÔÊÚÈÊÊÔÎÏ ÜÏÙ Î××ÔÚÔÜÑ ÜÚÉÔÎÏ úÔÉÄ íÈÛÑÔÚ õØÜËÔÏÖÊ ÍÐ úÎÐÐÔÊÊÔÎÏ ÐØØÉÔÏÖÊ ÜËØ ÛÈÊÔÏØÊÊ ÐØØÉÔÏÖÊ ÜÏÙ ÉÕØ ËÔÖÕÉ ÉÎ ÑÔÐÔÉ ùØÑËÜÄ ûØÜÚÕ úÔÉÄ õÜÑÑöØÏØËÜÑÑÄ ËØÐÜËÒÊ ÛÄ ÜÏ ÙÔÊÚÈÊÊÔÎÏ ËØÊÉÊ ÆÔÉÕ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÔÏÙÔÇÔÙÈÜÑ ÆÔÑÑ ÛØ ÑÔÐÔÉØÙ ÉÎ ÉÕËØØ ÐÔÏÈÉØÊ ÎË ÑØÊÊ éÕØ ðÜÄÎË ÎË ÍËØÊÔÙÔÏÖ Î××ÔÚØË ÕÜÊ ÙÔÊÚËØÉÔÎÏ ÉÎ ÜÙÓÈÊÉ ÉÕØ ÜÐÎÈÏÉ Î× ÉÔÐØ ÜÑÑÎÚÜÉØÙ ü íÈÛÑÔÚ õØÜËÔÏÖÊ üÏÄ ÚÔÉÔÃØÏ ÔÊ ØÏÉÔÉÑØÙ ÉÎ ÊÍØÜÒ ÎÏ ÔÉØÐÊ ÈÏÙØË ÉÕÔÊ ÊØÚÉÔÎÏ û úÎÐÐØÏÉÊ ÜÏÙ ôÏÌÈÔËÔØÊ ÎÏ ïÎÏüÖØÏÙÜ ôÉØÐÊ ×ËÎÐ ÉÕØ íÈÛÑÔÚ üÏÄ ÚÔÉÔÃØÏ ÔÊ ØÏÉÔÉÑØÙ ÉÎ ÛØ ÕØÜËÙ ÚÎÏÚØËÏÔÏÖ ÜÏÄ ÐÜÉÉØË ÆÔÉÕÔÏ ÉÕØ ÊÚÎÍØ Î× ÓÈËÔÊÙÔÚÉÔÎÏ Î× ÉÕØ úÎÐÐÔÊÊÔÎÏ ÈÏÙØË ÉÕÔÊ ÊØÚÉÔÎÏ éÕØ úÎÐÐÔÊÊÔÎÏ ÐÜÄ ÆÔÉÕÕÎÑÙ ÚÎÐÐØÏÉ ÎË ÙÔËØÚÉ ÉÕØ úÔÉÄ ðÜÏÜÖØË ÉÎ ÉÜÒØ ÜÚÉÔÎÏ ÎÏ ËØÌÈØÊÉÊ ÎË ÚÎÐÐØÏÉÊ ú ëØÖÈÑÜË üÖØÏÙÜ ÜÏÙ ÷ÔËÊÉ ëØÜÙÔÏÖ ôÉØÐÊ íÈÛÑÔÚ ÔÏÍÈÉ ÎÏ ÜÖØÏÙÜØÙ ÔÉØÐÊ ÎÉÕØË ÉÕÜÏ ÉÕÎÊØ ÉÕÜÉ ÜËØ ÊÍØÚÔ×ÔÚÜÑÑÄ ÊØÉ ×ÎË Ü ×ÎËÐÜÑ ÍÈÛÑÔÚ ÕØÜËÔÏÖ ÊÕÜÑÑ ÛØ ÜÑÑÎÆØÙ ÆÕØÏ ÜÖËØØÙ ÛÄ ÚÎÏÊØÏÊÈÊ Î× ÉÕØ úÔÉÄ úÎÐÐÔÊÊÔÎÏ êôöï ôï êõøøé íËÔÎË ÉÎ ÉÕØ ÊÉÜËÉ Î× ÉÕØ úÎÐÐÔÊÊÔÎÏ ðØØÉÔÏÖ ÔÏÙÔÇÔÙÈÜÑÊ ÆÔÊÕÔÏÖ ÉÎ ÜÙÙËØÊÊ ÍÈÛÑÔÚ ÕØÜËÔÏÖ ÎË ÏÎÏÜÖØÏÙÜØÙ ÔÉØÐÊ ÊÕÎÈÑÙ ÊÔÖÏ ÔÏ ÎÏ ÉÕØ ÊÕØØÉ ÑÎÚÜÉØÙ ÎÏ ÉÕØ ËÔÖÕÉ ÊÔÙØ Î× ÉÕØ ÙÜÔÊ ô× ÄÎÈ ÜËØ ÏÎÉ ÜÛÑØ ÉÎ ÙÎ ÊÎ ÍËÔÎË ÉÎ ÉÕØ ÊÉÜËÉ Î× ÉÕØ ÐØØÉÔÏÖ ÄÎÈ ÐÜÄ ÊÉÔÑÑ ÜÙÙËØÊÊ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÎÏ ÜÏ ÜÍÍËÎÍËÔÜÉØ ÔÉØÐ éÕØ ÍËÔÐÜËÄ ÍÈËÍÎÊØ Î× ÉÕØ ÊÔÖÏÔÏ ÊÕØØÉ ÔÊ ÉÎ ÜÊÊÔÊÉ ÊÉÜ×× ÆÔÉÕ ËØÚÎËÙ ÒØØÍÔÏÖ éÕØËØ×ÎËØ ÆÕØÏ ÄÎÈ ÚÎÐØ ÈÍ ÉÎ ÉÕØ ÍÎÙÔÈÐ ÉÎ ÊÍØÜÒ ÍÑØÜÊØ ÚÎÐÍÑØÉØ ÉÕØ ÊÔÖÏ ÔÏ ÊÕØØÉ Ô× ÄÎÈ ÕÜÇØ ÏÎÉ ÜÑËØÜÙÄ ÙÎÏØ ÊÎ üùùëøêêôïö éõø úîððôêêôîï üÉ ÉÕØ ÜÍÍËÎÍËÔÜÉØ ÉÔÐØ ÍÑØÜÊØ ÊÉØÍ ÈÍ ÉÎ ÉÕØ ÍÎÙÔÈÐ ÜÏÙ ÊÉÜÉØ ÄÎÈË ÏÜÐØ ÜÏÙ ÜÙÙËØÊÊ ×ÎË ÉÕØ ËØÚÎËÙ üÑÑ ÚÎÐÐØÏÉÊ ÐÈÊÉ ÛØ ÜÙÙËØÊÊØÙ ÉÎ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÜÊ Ü ÛÎÙÄ ÜÏÙ ÏÎÉ ÉÎ ÔÏÙÔÇÔÙÈÜÑÊ üÏÄ ÍØËÊÎÏ ÐÜÒÔÏÖ ÔÐÍØËÉÔÏØÏÉ ÎË ÊÑÜÏÙØËÎÈÊ ËØÐÜËÒÊ ÎË ÆÕÎ ÛØÚÎÐØÊ ÛÎÔÊÉØËÎÈÊ ÆÕÔÑØ ÜÙÙËØÊÊÔÏÖ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÊÕÜÑÑ ÛØ ÛÜËËØÙ ÛÄ 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÷ û ×ÎË ÉÕØ ÍÈËÚÕÜÊØ Î× ÉÆÎ ÊÔÏÖÑØ ÍÎÊÉ ÍÎÈÏÙ ÚÜÍÜÚÔÉÄ ÐÎÛÔÑØ ÑÔ×ÉÔÏÖ ÊÄÊÉØÐÊ ×ÎË ÉÕØ ÷ÑØØÉ ðÜÔÏÉØÏÜÏÚØ ùÔÇÔÊÔÎÏ ÷ÈÏÙÔÏÖ ÔÊ ÜÇÜÔÑÜÛÑØ ×ËÎÐ ðÜÚÕÔÏØËÄøÌÈÔÍÐØÏÉîÉÕØË ðÜÚÕøÌÈÔÍÐØÏÉ íÈËÚÕÜÊØ üÆÜËÙ ÉÎ úÕØÐÔÚÜÑ ñÔÐØ úÎÐÍÜÏÄ Î× üÑÜÛÜÐÜ ôÏÚ ÔÏ ÜÏ ØÊÉÔÐÜÉØÙ ÜÐÎÈÏÉ Î× ÇÔÜ ÉÕØ úÔÉÄ Î× ûÎÄÏÉÎÏ ûØÜÚÕ úÎÎÍ ûÔÙ associated with the construction of two and four-story additions located at the northeast corner of East Atlantic Avenue and Seabreeze Avenue. C. RESOLUTION NO. 15-09: ABANDONMENT OF A WATER EASEMENT/DELRAY MARRIOTT RESIDENCE INN: Consider approval of Resolution No. 15-09 abandoning a 5-foot water easement along the north western border of the Delray Marriott Residence Inn property in conjunction with the construction of two-story and four story hotel additions located at 1145 East Atlantic Avenue. D. SELECTION OF CONSULTANT FOR THE GREEN TASK FORCE ONLINE MEETING BULLETIN BOARD:Consider two ~) proposals received for computer software development and select one to implement the Green Task Force online bulletin board meetings. E. AQUIFER STORAGE AND RECOVERY WELL:Approve and authorize the discharge of contaminated water from the Aquifer Storage and Recovery (ASR) Well to the City's sanitary sewer system for approximately four ~) months at an estimated cost of $165,000.00 for treatment, required materials and equipment. Funding is available from 441-5142-536-34.80 (Water and Sewer Fund/Share Wastewater Treatment) and 442-5178-536-46.90 (Water and Sewer RenewaVOther Repair & Maintenance Costs). F. REQUEST FOR DIRECTION REGARDING THE BEACH EQUIPMENT RENTAL BID:Provide direction concerning questions raised during the pre-bid meeting held on February 11, 2009 regarding the Beach Equipment Rental Invitation to Bid. G. AGREEMENT/LANGTON ASSOCIATES, INC./GRANT WRITING SERVICES: Consider approval of a Consulting Agreement between the City and Langton Associates for American Recovery and Reinvestment Act grant writing services. H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one ~) alternate member to the Code Enforcement Board to serve an unexpired term ending .Tanuary 14, 2010. Based upon the rotation system, the appointment will be made by Commissioner Bernard (Seat #4). L APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one ~) regular member to the Delray Beach Housing Authority to serve an unexpired term ending .Tuly 14, 2010. Based upon the rotation system, the appointment recommendation will be made by Commissioner Bernard (Seat #4). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 06-09 (SECOND READING/SECOND PUBLIC HEARING): Consider an ordinance providing for the reclassification of nineteen (19) properties from non-contributing to contributing in the Marina Historic District. B. ORDINANCE NO. 07-09 (SECOND READING/SECOND PUBLIC HEARING): A city initiated amendment to the Land Development Regulations (LDR) Section 4.4.9(G~, "Supplemental District Regulations", and Section 4.4.13(G~(1), "Central Core and Beach Area Supplemental Regulations", to change the parking requirements for business and professional offices within certain portions of these zoning districts. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquires. B. From the Public. 12. FIRST READINGS: A.ORDINANCE NO. 10-09:Consider an ordinance which modifies the Marina Historic District boundaries to remove twelve (12) properties as recommended by the Marina Historic District resurvey. If passed, a public hearing will be held on March 17, 2009. B. ORDINANCE NO. 12-09: Consider a city initiated ordinance amending Section 112.28, "Disconnection of Alarm System", to provide for a limited response to alarm systems, amending Section 112.29, "A~peal" to remove all references to disconnecting; repealing Sections 112.30, "Failure to Disconnect or Unauthorized Reconnection of Alarm System" and 112.31, "Reconnection of Alarm Systems" in their entirety and amending Section 112.51, "Enforcement through Code Enforcement Board", to provide for enforcement through civil citation. If passed, a public hearing will be held on March 17, 2009. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 26, 2009 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 STUDENT ART BUS SHELTER WINNERS PRESENTATION ITEM BEFORE COMMISSION At its meeting of January 26, 2009, the Public Art Advisory Board (PAAB) selected four (4) entries submitted for its Student Art Bus Shelter Call to Artists. The intent of the project was to celebrate the City's historic districts and sites and to encourage students to submit artwork reflecting Delray Beach's historical resources. The selected bus shelter locations are those located within or adjacent to a designated historic district. The winning entries were submitted by the following students: Student: Kori Clark Grade: 4th School: SD Spady Elementary Shelter Location: 1st Block of NW 5th Avenue/West Settlers Historic District Student: Delaney Tavoletti Grade: 4th School: Trinity Lutheran Shelter Location: North Swinton Avenue, north of NE 4th Street/Del-Ida Park Historic District Student: Lilly Putnam Grade: 4th School: Trinity Lutheran Shelter Location: SE 6th Avenue, south of East Atlantic Avenue Student: Paige Fraser Grade: 4th School: Trinity Lutheran Shelter Location: NE 1st Street, between NE 4th and 5th Avenues The artwork will be transparent and displayed in the glass of the shelter, similarly to those previously installed within the downtown. The Call to Artists was sent from the School District to those teachers at schools located within the Delray Beach city limits, and a Media Release was also sent out by the City. MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 26, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 FINAL SUBDIVISION PLAT/FLORIDA BOULEVARD TOWNHOMES AT DELRAY BEACH ITEM BEFORE COMMISSION The item before the City Commission is the certification of a final plat to be known as Florida Boulevard Townhomes at Delray Beach. The plat consists of a 0.26 acre property, subdivided into three lots for construction of a three unit townhome structure. The subject property is located west of Florida Boulevard, approximately 125' south of La-Mat Avenue. BACKGROUND On October 13, 2004, the Site Plan Review and Appearance Board (SPRAB) reviewed a Class V site plan, landscape plan, and architectural elevations for athree-unit fee simple townhome project. SPRAB unanimously voted to postpone a final vote on the project due to concerns with the project's elevations and other technical items. At its meeting of December 15, 2004, SPRAB approved a revised Class V site plan, landscape plan, and architectural elevations for the Florida Boulevard Townhome project (2808 Florida Boulevard). However, revised plans addressing the conditions of site plan approval were never submitted and the project's approval expired. On December 12, 2007, SPRAB reviewed the applicant's resubmitted Class V Site Plan, landscape plan, and architectural elevations which addressed the majority of the Board's concerns. The Board subsequently re-approved the Class V site plan. The plat for the three-lot development is now before the City Commission for final action. REVIEW BY OTHERS The City Engineer has reviewed the plat and determined that all technical comments have been satisfied. RECOMMENDATION By motion, approve the Florida Boulevard Townhomes at Delray Beach plat, by finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(K) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations. Attachments: . Location Map • 8.5" x ll" plat reduction • 8.5" x ll" site plan reduction _ ~ -_ ~~ - f e ~ a~7 ~ i ~§ ~~ i2 $ ~ a ~ i a" $ ~ i ~ ~ _ wa y~, _ ~~~ ~ ~ ~~ ;~ ~~ ,~ ~ - ff~e wry°~ ~ ~ "f4~M~ ~~b~~_ ~ s ;,yl w •~ r~Y~~ s f wr ~~e ~'~ f i'a% '~ w - ~ • ~ ~ ~~ ~Y~~ . ~ ~ eoa _ ~ ~~ ass y= F- ~ _ - w '~ Y~' ads ~'"s i ~.., $ 'k f~ aB K i i1i f~ - ~~~ i~~~ F ~- ~ ~ ~~ 7 ~ Q k ~~~ ~,. ~ a_ ~_: I~ ~ .A" , ~ iii _~ '• ~ d~~yj~ ~ ~ m %~ ,~ ~~'~ ~ ~~w~ ~B ~.. ~ Cc1 L'= ~ 4ihCr'~.~ y ~ ~ R .. ,,.fir. ~ ~b ~g ~~~o r. ~ ~~ ~ ~ ~r~ ~. ~ W -'~~ :C.J ,ti-.. 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DRIVE ~- a 0 ~ ~ V O W z o ¢ ~ z ~ ~ ~ ~ a 0 J 0 PLA MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 18, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/,T.W. CHEATHAM, LLC/ESD NEW ENTRANCE ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of ($8,909.24) and final payment amount of $20,648.68 to J.W. Cheatham, LLC for the completion of the Environmental Services Department's New Entrance, Project #2008-030. BACKGROUND The project consisted of a new ESD entrance located on the south side of the elevated water tank connecting the ESD complex to Swinton Avenue with an east to west orientation from Swinton Avenue to the Fire Apparatus Maintenance Building. The new entrance allows the Fire-Rescue vehicles and large delivery trucks access to the facility without experiencing extreme difficulty negotiating the tight turns within the complex. The scope included clearing and grubbing, the installation of a precast concrete wall along the south side of the complex bordering the residential neighborhood; and roadway construction work consisting of stabilized and compacted subgrade, installation of limerock base, and asphalt wearing surface. The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #654628 to funding account 441-5161-536-68.24 (Water/Sewer Fund/Improvements Other/ESD Access Road). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of ($8,909.24) and final payment amount of $20,648.68 to J.W. Cheatham, LLC for the completion of the ESD New Entrance Project. CITY ®F D)ELRAY BJ~ACH CHA'~GE ORD;i/R T® ORiGY1~TAL C®I~TitAC'1C' CHANGE NO. 117FTna1(Contract CI®sea€at) PROTECT NO. 2008-030 DATE: PROJECT TITLE: ESIJ Neva Entrance TO CONTRACTOR; .I.W. Cheatham, LLC YOU ARE I-IEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICA'T'IONS FOR THIS PROJECT AND TO PERFORM THE L[jORK ACCORDINGLY, SUBJI/CT TO ALL CONTRACT STIPULATIONS AND COVENANTS. ~[JSTI~ICATION: Complete changes to project per the attached Schedule "A" SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT X215,396.00 COST OF CONS'T'RUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $215,396.00 COST OF' CONSTRUCTION CHANGES THIS ORDER - ~8_L_.,90g-24.~ ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $206,486.76 PERCENT DECREASE THIS CHANGE ORDER 4.13% TOTAL., PERCENT DECREASE TO DATE 4.I3% CERTIFIED STATEMENT: I hereby certify that the supporting cast data included is, in my considered npininn, accurate and that the prices quoted are fair and reasonable. J.W. Cheatham, LLC (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Cn3nmissian RECOMMEND: Environmental Services APPROVED: City Attorney B y: Mayor ATTEST: By: City Clerk 5:1En~AdcatnlProiccts~260S',2005-03010FFiCIAL1C0 i Finaf 3W Cheatham GC 030309.doc SCTEDiJLE "~1" Tb CHANGE ®RI3E~t NO. t. 1 FINAL (C®NTRA~T CLOSE(li3'i`) J.W. CHEATHAM, LLC ESll NEW E.N`U'RANCE PIN 2008-030 ITEM DESCRIPTION UNIT CONTRACT AWARA GONTRAGT TO DATE Nfl• EST. QTY. UNIT PRICE TOTAL ACTUAL QTY. UNIT PRICE EXTENDED TOTAL PRICE QUANTADJ. +! - I Mobilization LS 1 $ 6,294.DD $6,290.00 '€ $6,290.Oq $ 6,29p.00 $D.DO 2 Maintenanceoftraffio LS I $ 1,360.g0 $1,36fl.flp 1 $1,36Q00 $ 9,360.04 $0.00 3 Clearing & Grubbing LS I $ 23,4110.00 $23,400.00 1 $23,400.D0 $ 23,40DAD u~0.00 Q PavementMarkntgs ~Signage 1.,5 I $ 1,9$O.DD $1,960A0 ? $1,960.00 $ 9,960.00 $D.DD 5 5wxte Gradin • & Sodding SY 2,7Dfl $ 1.62 $4,374.fl0 2,748 $1.62 $ 4,451.76 $77.76 6 1 112" Asphalt SY 3,590 $ 8.50 $30,515.00 3,590 $8.5D $ 3D,515.DD $0.00 7 8" Limemck Base SY 3,RD0 $ 12.$0 $4$,64p.gp 3,800 $12.SD $ 48,640.00 $0.00 & 12" Stabilized Subgrade SY 4,230 $ 1.90 $8,037.gfl 4,23p $1.90 $ 8,D37.Ofl $0.00 9 6"Thick Concrete Parkin ~ Area SP 3,800 $ 3.70 $14,060.00 3,900 $3.70 $ 34,430.00 $37DA0 1D FDO3' Type "D"Concrete Curh LP I50 $ 18.D0 $2,400.00 127 $16.00 $ 2,032.Ofl ($36$.OD) 11 1' Wide Concrete Ribboa Curb LP 17 $ 40.00 $68D.Ofl 67 $4D.DD $ 2,68D.00 $2,ODfl.04 12 Concrete Vaalt EA 1 $ 7,800.00 $7,800.D0 0 $7,$00.00 $ - ($7,800.00 13 As Bvilt Record Drawings LS 1 $ 750.00 $7Sq.OD 1 $750.00 $ 750.00 50.D0 14 UttlityAltowance(BreakdownBelow): LS I $ 15,000.00 $i5,0aD.DD 1.D2 $15,ODD.flD $ 15,271,D0 $271.00 Removal of additional DIP piping and "T° discovered during excavation which required removal 0 $0.00 $O.DD 3.Dfl $1 500.00 $1,50fl.OD Addi€ion of 53 LF of Type F Curb ($40lLF) at ernrance to Swinton as a result of redesign to reduce radius due to carrFlic! with utility poles; and for protection at pores LS D $0.00 $0.00 1.OD $2,120.00 $2,12D.gD Added the painting of the pre-cast privacy welt; which was not included in the plans 1_S 0 $D.00 50 DO 1 OD $4,180.00 $4,180.00 Addition of Irrigation; which was oat included in the ptatts LS 0 $0.00 $0.00 1.D0 $5,251.00 $S,2S'i.g0 Adjustment of FPL manhoSe, located on the south side of the new roadway, which is well below grade:. LS 0 $0.00 $OAO 1.00 $1 <500.00 $1,500.OD Repairs to Irrigation; irrigation was accidently damaged by the City LS 0 $p.DD $O.OD 1.Ofl $220.00 $220.00 AdditionaE Striping cost, due to the striping detail not clear on plants L.S 0 $0.00 $0.00 9.00 5500.00 $500.00 15 Videoallawance LS l $ 1,DOD.00 __ $3,0_00.00 0.35 $1,000.00 $ 850.00 ($65gAq) 16 Htdeamificatian LS 1 $ 10.00 $10.00 1 $10.00 $ 30.D0 $O.DO 17 Mobilization-Wall LS 1 $ 500.00 $500.00 1 $500.{10 $ 50flA0 $O.DD 18 Clearing ,& Grubbvtg LS 1 $ 8,17q.OD $3,17Qg0 0 $3,17D.00 $ - ($3,170.00) 19 PrecastCoacreteW'a11 LF 508 $ 90.OD $45.45q.OD 509 $9fl.D0 $ 45,8?D.00 $3&0.00 TOTAL ORIGINAL CONTRACT AWARD Original Contract Award Previnusiy Approved Changes Total AwardlApprovad to Date I~inal Contract to Date $21 s,a96.aa $215,396.00 $a.00 $2'15,396.00 $206,486.76 $206,486.76 {$8,909.24} C1,dANGE ORDER NO. 'E 1 FENAC. $ 8,909.24 Page t of 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 25, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 AGREEMENT/OCEAN HAMMOCK HOMEOWNERS ASSOCIATION ITEM BEFORE COMMISSION Approval/authorization for the Mayor to execute an agreement with Ocean Hammock Homeowners Association for installation of a temporary speed hump on Pelican Lane. BACKGROUND Ocean Hammock Homeowners Association submitted a traffic calming petition signed by over 67% of the residents in Ocean Hammock requesting traffic calming on Pelican Lane. Traffic data collected revealed that the 85%tile speed was just over 36 mph. The speed limit is 30 mph and when the 85th percentile speed is over 5 mph above the speed limit a speeding issue typically exists. The data also revealed that over 90% of the vehicles were traveling in one direction, which is usually the case when an obvious short cut is identified by drivers. As a result, the Homeowners Association agreed to pay the cost of one temporary speed hump to be installed on Pelican Lane. The cost of the speed hump is $3,000 and will be installed by City crews. The attached agreement between the homeowners association and the City provides the framework for installation, maintenance and removal, if needed. FUNDING SOURCE Purchase to be funded by Ocean Hammock Homeowners Association. RECOMMENDATION Staff recommends approval. AGREEMENT THIS AGREEMENT entered into this day of , 200 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City) and OCEAN HAMMOCK HOMEOWNER'S ASSOCIATION, INC., (hereinafter referred to as HOA), provides as follows: WHEREAS, HOA has requested the installation of a temporary speed hump on Pelican Lane Street; and WHEREAS, the City will agree to install the temporary speed hump on Pelican Lane provided that the HOA provides the funds for the purchase of the temporary speed hump. 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 HOA and City hereby agree as follows: L INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. COST PAID BY HOA. The HOA shall pay to the City, within 10 days of the execution of this Agreement, the sum of $ 3,000.00 to be used by the CITY for the purchase and installation of a temporary speed hump, as described in Exhibit "A", attached hereto and incorporated herein. If the funds are not paid to the City within the above stated time frame, this Agreement shall be null and void. 3. INSTALLATION AND MAINTENANCE OF THE TEMPORARY SPEED HUMP. The City, shall order and install the temporary speed hump with appropriate strip and si~~, as described on Exhibit "A", within a reasonable time frame and as determined by the City in its sole discretion. The City, in its sole discretion shall determine the location of the temporary speed hump along Pelican Lane as well as the proper installation procedure. The City shall not be responsible for damage to the temporary speed hump in the event it is alleged that the temporary speed hump was improperly installed. The City shall be responsible for the maintenance of the temporary speed hump as it determines, in its sole discretion. The City shall also have the right to remove the temporary speed hump at any time and for any reason, as it determines in its sole discretion. In the event the City removes the temporary speed hump, the HOA shall not be entitled to any refund of its cost. 4. 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. 5. INTEGRATION; 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 both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH By: By: City Clerk ,Mayor Approved as to Form: By: City Attorney WITNESSES: (Name Printed or Typed) OCEAN HAMMOCK HOMEOWNER'S ASSOCIATION, INC. By: 2 (Name Printed or Typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by as (name of officer or agent, title of officer or agent), of OCEAN HAMMOCK HOMEOWNER'S ASSOCIATION, INC., a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public 3 EXHIBIT A PFf~iC1~AM ~p~eef Gushiores tQr $3000.00 i~~l~~r~ ~rc~ra~ fr~~!~~es ~ ~4~~~ia~ ~t~r#~' lift. lit i~~~~c~~~~ ~ ~.~~~~~~ ~' f` v~ld~ ~' " l~r; " l~~c~rf~, ~:~r~;~far~ ~'~c~uir~~f ~~r i~t~ll~tir~, ~eli~,~~~re~ ~~j{~rrl~~r~ ir-~ ~~~ gar€~l~~f~~:~r! ~~~'~~". 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Lifil~.. L~I1t~IN[~, ~{i('3 {.~I.C~I'rC' _.~f'f l~'':... J V C .~ (~ U U C~ W U ._ =a a° ~= M r' r° Arno ~~ oLL .~ a. c~ U (~ N m N 0 0 N ti N N MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: February 25, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 RULES OF THE BOARD OF AD,TUSTMENT ITEM BEFORE COMMISSION Approval of the Rules of the Board of Adjustment. BACKGROUND The attached rules were approved by the Board of Adjustment at their December 18, 2008 meeting. A couple of minor clarifications were made to Article II, Paragraph 1, regarding the election of officers and when that may take place; and to Article V, Paragraph 1, extending the time to file an appeal from 10 to 30 days. RECOMMENDATION Staff recommends approval of the Rules of the Board of Adjustment. RULES OF THE CITY OF DELRAY BEACH BOARD OF ADJUSTMENT ARTICLE I: GENERAL GOVERNING RULES: The Board of Adjustment (hereinafter referred to as the Board) shall be governed by Sections 2.2.1 and 2.2.4 of Article 2.2 and Section 2.4.7 of Article 2.4 of the Land Development Regulations of the City of Delray Beach, as amended, and the Rules of Procedure set forth. herein, as adopted by the Board and approved by the City Commissian. ARTICLE II; OFFICERS, COMMITTEES: 1. The Board shall elect a Chair, Vice Chair and Second Vice Chaix annually in the month of September or at the next regular meeting if a meeting is not held in the month of September. 2. The Chair (or in his or her absence the Vice Chair) shall preside at all meetings and hearings of the Board,, decide all points of order and procedure and sign any orders or other official correspondence of the Board. The Chair shall appoint any committees which may be fpund necessary. 3. The. Second Vice Chair shall act as Chair when the Chair and Vice-Chair are bath absent. 4. The Board Clerk shall take and transcribe the- minutes of each meeting of the Board and. carry out such other duties as maybe assigned by the Board, including but not limited to, preparing all correspondence and records of e~amii~ations and hearings and other official actions of the Board; keep a minute book recording attendance, the vote of each member upon each question, or if absent or failing to vote, indicating such fact. ARTICLE III: MEETINGS 1. The Board shall meet every first and third Thursday of each month at 5:3Q p.m., unless there is no cause to hold such a meeting or it falls on a holiday as designated by the City of Delray Beach. The Board Clerk of the Board shall notify each Board member not less than one (1} day prior to any regularly scheduled meeting of any meeting. If the Clerk's office cannot reach a member or obtain conf rmation and attend~ce by noon the day preceding the meeting, the Board Clerk shall call on an alternate, who shall participate in the meeting in place of a designated regular member. 2. SPECIAL MEETINGS: A special meeting maybe called by the Chair subject to compliance with statutory notice provisions. 3. QUORUM: A quorum of the Board consists of four (4) members. The concurring vote of four (4} members shall be necessary to decide in favor of an applicant with respect to reversing a decision of the Chief Building Official or the granting of a variance. 4. REPRESENTATION, PERSONAL INTEREST: No member of the Board shall hear or vote upon an appeal,. variance or motion fpr re-hearing in which she or he is directly or indirectly affected in a financial way. Whenever a member or alternate member of the Board has a personal, private or professional interest in any matter which comes before the Board, that member or alternate member shall disclose said conflict before discussion and vote and shall, within fifteen (i5) days after the vote occurs, file the proper form with the Board Secretary pursuant to the provisions of Chapter 112, Florida Statutes. If a Board Member determines there will be a conflict of interest on a scheduled item,. and said member does not wish to attend the meeting, the member may request that an alternate be substituted. 2 5. CONDUCT OF MEETINGS: All meetings shall be open to the public. The Chair, or in his or her absence the Vice-Chair, or Second Vice Chair shall administer oaths and may upon the request of any Board Member require the attendance of witnesses. The order of business at meetings shall be as follows: {a) roll call; (b} reading the minutes of previous meetings.; {c) reports of committees; {d) unfinished business; (e) hearings of cases; (f) .new business. The Chair rriay, in his or her discretion, change the order of business at any meeting. b. ADJOURNED MEETINGS: The Board may adjourn a regular meeting if all business cannot be disposed. of on the day set, and no further public notice shall be necessary for such a meeting if the time and place of its resumption are stated at the time of adjournment and are not charged to its resumption. ARTICLE IV: ABSENCES: A Board member's absence at three (3) consecutive regular meetings shall constitute an automatic resignation from the Board by such member. Each Board member shall be responsible for notifying the City Clerk's Office as promptly as possible of any anticipated absence from. a Board meeting. Except for automatic resignation from the Board, a Board Member may resign by filing a written statement of resignation with the Clerk of the City of Delray Beach, Florida. Vacancies on the Board shall be filled pursuant to Article 2.2.1(F) of the Land Development Regulations of the City of Delray Beach, as amended. ARTICLE V: APPEALS, VARIANCES AND NOTICE: 1. The Board shall have- the power to hear app. eels in accordance with Section 2.2.4(D} of the Land Development Regulations of the City of Delray Beach. The appeal shall be filed with the Chief Building Official on a farm provided by the Board of Adjustment within (-l-A} th' 30 days after a written order, requirement, decision, determination, or violation 3 notice issued and signed by the Chief Building Official, Fire Chief or designees is served upon the aggrieved person by regular or certified mail, .return receipt requested or upon hand-delivery. Service shall be deemed complete- upon mailing or upon hand-delivery. 2. The Board shall have the power to accept applications for variances in accordance with Sections 2.2.4(D} and 2.4.7(A) of the Land Development Regulations of the City of Delray Beach. An application. for a variance maybe filed at any time. The variance application shall be filed with the Chief Building Official on a form provided by the Board of Adjustment. 3. An appeal or variance shall not be deemed filed unless and until payment of an appeal fee or variance fee as set forth in the Laud Development Regulations of the City of Delray Beach, as amended, has been paid. Filing fees may be paid by check or money order. 4. PUBLIC NOTICE -Notice of the public hearing of the appeal or variance shall be given in accordance with the City of Delray Beach Code of Ordinances and Florida Statutes. 5. AMENDMENT - An appeal or variance may be amended at any time or from time to time prior to or during. the. public hearing of the appeal or variance, provided that the amendment does not materially alter the appeal or variance as published in the public notice so as to make the public notice of the appeal or variance misleading, or that the amendment does not request a greater variance from the terms of existing ordinances than that requested by the appeal or variance. In the event the amendment makes the appeal or variance misleading or requests a greater variance, as determined by the Chair of the Board of Adjustment, an amended public notice shall be given. The applicant shall pay an additional fee in a sum equal to the cost of publishing an amended public notice. 6. DISMISSAL - An applicant may voluntarily dismiss his or her appeal or variance at any time prior to the commencement of a .roll call vote to decide such appeal or variance, and 4 such dismissal shall be without prejudice except that a voluntary dismissal operates as an adjudication on the merits of the appeal or variance when served by an applicant who has once previously dismissed an appeal or variance on the same facts or circumstances. A voluntary dismissal shall be in writing and filed with the City Clerk, unless announced at a public hearing. ARTICLE VI: HEARING AND RE-HEARING: 1. An appeal or variance shall be heard within forty (4.0) days from the time of filing the appeal or variance with the Chief Building Official. Appeals and variances shall be heard in order of their filing; amended appeals or variances shall have priority .according to the date of the amendmenk if an amended public notice is required. 2. At the hearing, the applicant. or any other party may appear an bais own behalf or be represented by an agent or an attorney. If the applicant does not appear on his own behalf at the hearing, he shall file with the Board Clerk prior to the hearing a statement, made under oath, authorizing such other person to represent him at the hearing. 3. Procedures far Quasi-Judicial Hearings. (A) Definitions: Applicant -the owner of record or his or her authorized agent. Citizen Participants -those members of the general public, other than the- City, the Applicant, or other Party to the proceeding, who attend a quasi judz`cial public hearing for the purpose of being heard on a particular application. Ex Porte - comumunications, oral ar written, between members serving on the board or commission and the pablic, other than those. made on the record at the hearing. Party -the owner of property located within 500 feet of the property that is the subject of the application and who-meets the additional requirements set forth in Section (B}(2) below. Quasi-Judicial Proceedings -proceedings where existing policies and regulations are applied to a specific property. Examples are site specific rezonings, conditianai use approvals, site plan approvals, waivers and variances, plat approvals, certificates of appropriateness, historic designations, but not Iand use amendments or amendments to the comprehensive plan and not generally, amendments to the Land Development Regulations. Relevant Evidence -evidence that either strengthens or weakens the application by supporting or disapproving. factual assertions related to the application. (B) General Processing for Hearings (1) Filellnspection. (a} Establishing the File, The Building Department shall establish a project file. All written communications shall be sent to the Building Department. The project file will be maintained in the Building Department. (bj Contents of the File. The project file will contain all written communications that are sent to the Building Department prior to the hearing. The project file will include, but not be Iimited to, all Staff reports, pertinent sections of the Code of Ordinances, Land Development Regulations, Comprehensive Plan, or State Statute, whichever is applicable. The file r~+ill contain resumes of staff or curricula vitae, drawings, documents and all other pertinent documents. (c) Supplementation of the File. The Board clerk will supplement the project file with all documents submitted at the hearing. (dj File for Inspection. The project file will be made available upon request for public inspection. (e) File Placed into the Record. The Building Department Staff member making the presentation shall place the project fle into the record at the hearing. (2) Party Status (a} Party Status -Written Requests; Timefratrle. In order to obtain status as a Party, the owner of property located within 504 feet of the subject property must make a written request, meeting the requirements of (B)(2)(bj below, which is received by the Building- Department three or mare business days prior to the hearing. (b) Contents of Request. The written request shall outline the- effect of the application on the owner's property. To obtain Party status,. the owner must describe the effect of the application on owner's property that is different from the effect on the public as a whole. The City Attorney's Office will advlse as to whether sufficient facts have been alleged to achieve Party status and shall notify the person requesting Party status of 6 the City Attorney's Office opinion as to the adequacy of the request. Ultimate decisions as to Party status shall be made by the Board. The decision to confer Party status ai the- hearing before the Board shall not be seen as a waiver of the City's right to contest the standing of any Party in court. (3) Time Limits (a) Staff Time Limits. The City Staff shall have up to 2U minutes (including the presentation of witnesses and expert witnesses) to present the city's case. {b) Applicant Time Limits. The Applicant shall have up to 20 minutes (including the presentation of witnesses and expert witnesses} to present the Applicants case. (c) Party Time Limits. A Party may have up to 20 minutes (including the presentation of witnesses and expert witnesses). (d) Citizen Participants. in General. Citizen participants not represented by a representative speaker shall have three (3} minutes to speak. (e) Participants with a Representative. Speakers representing a group of six (6) or more interested citizens in attendance at the meeting shall have six (6) minutes to speak,. as long as those being represented identify themselves and yield their time to the representative at the meeting. (f) Representing an Organization. Speakers representing an organization that is comprised of interested citizens shall have. six (6} minutes to speak. (g) Extension of Time by the Board. The Board may,, at their discretion, extend the time far presentations. (C) Conduct of the Hearing. (1) Swearing in of Witnesses. All Witnesses, Parties,: the Applicant, Citizen Participants and their representatives and City Staff who plan to speak at the hearing shall collectively be sworn at the beginning of the hearing by the Chair, Vice-Chair, 2~'d VACe-Chao, or the Board clerk. (2) Disclosure of Ex Porte Communications. The Board shall disclose any ex paste communications and disclose whether any member physically inspected the property. To the extent possible, the Boazd member shall identify with whom the communication took place, summarize the substance of the communication, and the date of the site visit, if any. The Board members. shall give the Board clerk any written ex paste communications they have received that are not already included in the project file. 7 (3) Presentation of the Case. (a) The City Staff shall present its case. (b) The Applicant shall present its case. (c) Parties may present their case. (d) Citizen participants or their representatives may speak for or against the application. (e) The opportunity to cross-examination will occur after the presentation of a witness, and the manner and the conduct of cross- examination shall be as provided in these rules. (f} The City Staff, the Applicant, and Parties may have two minutes each for rebuttal {g) The Board may ask questions at any time during the proceeding. (h) The Board will commence deliberations. and render a decision. {4} Basis of Decision. All decisions shall be based on the evidence presented at the hearing on the case, which shall include the minutes, the entire project file, testimony presented, and other evidence presented. Strict rules of evidence shall not apply, but evidence must be relevant to the issues before the Board. (D) Cross-examination. {1) Persons to be Cross-Examined. The City Staff, the Applicant, Parties, their respective witnesses and Citizen Participants are subject to cross- examination as set forth herein. (2) Cross-Examination Guidelines. (a} Citizen Participants are subject to cross-examination by the Board Chair only. In the event of an absence of the Board Chair, the-term Board Chair shall be deemed to include the person authorized to run the meeting in their absence: If'the Staff, the Applicant,. or Parties desire to have the Saard Chair cross examine a Citizen Participant, they shall, whenever possible, present written cross-examination questions to the Board Chair prior to the commencement of the cross-examination, The Board Chair shall first. ask the cross-examination questions submitted by Staff, then the Applicant, and f Wally the Parties based on who submitted a request and became a Party first. The Staff, Applicant, and any Parties' cross- examination through the Board Chair is limited to two (2) minutes per Citizen Participant. 8 (b) Only the City Staff, the Applicant, or a Party may cross-examine non-Citizen Participant witnesses. (c) Cross-examination by City Staff, the Applicant, or a Party shall be limited to two (2) minutes per witness each. (d) The Board is not limited to two (2) minutes and may ask questions of anyone who testif es at any time during the- proceedings. (3) Relevancy. All relevant evidence shall be accepted. (4) Scope. The scope of the cross-examination shall be Iimited to the facts alleged by the person testifying in relation to the application. (S} Goad Faith Questions. The cross-examination shall not be designed to merely. harass, intimidate; or embarrass the person testifying. {6) Power to Halt Cross Examination. The Board Chair shall determine whether the question and evidence- is relevant and the proper scope of cross- examination. Tn the absence of the Board Chair, the term Boazd Chair shall be deemed to include the person authorized to run the meeting in their absence. The Board Chair may defer to the City Attorney (or Assistant City Attorney) to determine the relevancy of the question and the evidence and the proper scope of the cross-examination. The person conducting the cross-examination may be stopped from pursuing a line of questioning, if the questioning is nn an issue that is not relevant, the scope of proper cross examination is exceeded, or the cross- examination is conducted in a manner that is designed to harass, intimidate, or embarrass the person being cross-examined. If a person conducting. the cross- examinataon continues to pursue improper lines of questioning, the Board Chair may halt the cross-examination. 4. DECISIONS - A decision on any appeal shall be made at the public hearing. Voting shall be a roll call vote. Roll call shall be on a rotating basis. The voting of each member shall he "yes" (in favor of the motion) or "no" (opposed to the motion). A concurring vote of four (4) members of the Board shall be necessary to reverse any decision, det 3nation, order, or requirement of the Chief Building Official or Fire Chief or designee, or to decide in favor of the applicant on any matter upon which it is required to pass under existing ordinances, or to effect any variation in the application of existing ordinances. 5. A decision is not final until the time within which an applicant may file a motion for rehearing expires, or, if a motion For rehearing is filed, when it is denied, or if it is granted, at the time the decision by the Board is rendered at the rehearing. 6. REHEARING -The City ar applicant may file a written oration for rehearing of the decision rendered by the Board vn the appeal or variance. The motion shall be filed with the Chief Building Official within ten (10} days of the date the decision is rendered. No filing fee shall be required. The concurring vote of four (4} members of the Board shall be necessary. to grant a motion for rehearing. The motion for rehearing may be based. upon the following grounds: {I) newly discovered evidence which by due diligence could not have been discovered. in time to present at the public hearing;. (2) fraud, misrepresen#ation ar other misconduct of any person who submitted evidence to the Board; (3) mistake, inadvertence, surprise or excusable neglect; or (4) the Board has overlooked or misapprehended any material points of law or fact. If the Board grants a motion for rehearing, public notice of rehearing shall be given at the cost of the applicant. 7. REFILING OF APPEAL OR VARIANCE AFTER FINAL DECISION RENDERED- Notwithstanding, the rendering of a final decision by the Board with respect to an appeal or variance from the terms of existing ordinances, an applicant may refile such appeal or variance at any time if there has been a substantial change in facts, circumstances or conditions. The refiled appeal or variance shall proceed in the same manner as an initial appeal or variance. ARTICLE VII; AMENDMENTS, EFFECTIVE DATE: 10 i. These rules of procedure may be amended. by a concurring vote of four (a) members of the Board, provided that the proposed amendment has been presented to the Board at least one week prior to its adoption. 2. These rules of procedure shall be reviewed by the Board not less than every two (2) years. Recommendations for proposed amendments shall be made in writing. 3. These rules shall become effective following their approval by City Commission. These Rules of Procedure were adopted by the Board of Adjustment on the _ day of 2Q Chair, Board of Adjustment Approved by City Commission nn the day of , 20_. ATTEST: By: City Clerk CITY OF DELRAY BEACH,1~LORIDA By: _ ,Mayor 11 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 25, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 SPECIAL EVENT REQUEST/12TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 12d' Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on May 23-24, 2009 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the closure and use of NW 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center Parking lot, to provide staff support for traffic control and security, barricading and for fire inspection services. BACKGROUND Attached are the event permit application, site plan and budget. The event sponsor will be responsible for event management, clean up, night time security, dumpsters, and for providing barricades. City staff will install the barricades if needed. Total estimated City costs for this event are $4,860. Per event policies and procedures the event sponsor is responsible for the payment of all City costs. The Court House Garage, as well as City Hall Parking lots will be used for event parking. The North lot at City Hall will be used for vendor parking. RECOMMENDATION Staff recommends endorsement of the event, granting of the temporary use permit for the street closure on NW 3rd Avenue and Tennis Center Parking lot, providing staff assistance for security and traffic control, barricading, fire inspection services, and allowing the event signs to be installed one week prior to the event with all overtime costs to be paid by sponsor. Approval is conditional on the receipt of an current Certificate of Liability Insurance. r~E~an~ s~neH City of Delray Beac~~%~1~~ ' Special Event Perm~i.~,~ ~~,~, Application aoM,Nr$ R~00~ ~ S~RVr~ ArryE ~ ~~'~ PLEASE TYPE OR PRINT >rs ~ ~~:~ ' 'r~t~~ Event Name/Title: ti2~h ayc~~U a 1 Down~c,.~yl 'f~e~~'av I~Cac1~ err ~~ F@S~-; ua Event Date(s): ~5 X23104 ~ 5 srZN„1~~ Times: SA~rd4u and Su ~~~ lU~(aoAM - 5:~so PM Event Sponsor/Producer: ~~h}own l~1grlGG~iha Co ~~q„-J`~~ Event ContactlCoordinator: lapr.,rrd ~41uv~ Evev~t~„~/~-1MtriG4~t Ct'a~~-,En.~?n~,~fr Name: ~~Lat~ara 1a - Address:_q~~s uv. Rrawa+~ ~ 31 v d ~ Plah}gkroy~ FL 3 3~ 2~1 Telephone Number:9~~ - y 7 z -3~ss Cellular Number: E-mail Address: ar4 a F~ J • c~ Event Description/Purpose: @ ~ u I ~u ~Irs~Cr_Yh.Y?~~ to a aloe r. n G _ aes~arl-u n; f~ , ,,,...,, Brief History of Event (If applicable):. TY1i~ i5 -Nh~ _y2+h Vlor khi.5 _ ~~~'.ur~~4~ ceh ServrH~ ~IniS cr/jrnn~~,nr,~T„-- Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs):.~/ar~ed GmPFtrs ~khti hi„{~~ A~~` _,;~~II i hG kln~i r- hrn~ ry~adn r k ~S_ ,_,., Number of Individuals Served Previous Year (if applicable): WOOo Describe the targeted population and expected attendance: eXn2c~ke?~ ND00 JaCGI _~'QSK deh}S Gv-[~ ~ar~e4,ed o~,outig~rch Describe how the program or prof ect addresses community needs: ~6 Y ~ a ~ yt ~ a - ~ ~; ~ Describe your Marketing/Promotions Program (How will you markedpromote, i.e, TV, radio, posters, flyers, web sites, other): __~v~r~ ISgvr~en+-s ~ n newS~2gc;Gr•S n~ti~np Inrcl +elPUi s~atn c1,.,~1~v,c ~ .a~^A ar rv,a.~U ~~,. Sponsor Category {please check) City ^ Non-Profit/Charitable ~ Private ^ Co-Sponsor _ Non-ProfitlPrivate a (If Non profit attach proof of 501 c(3), c(4), c(6), C(IO), or c(19) or (d) Event Location (Describe area boundaries of eventllocation}: _ ~Gl r~ v Beach Y~yrn; s C¢h~r~r Oh W. A~1'~In~i t .4yt? _ ,_ Site plan attached: yes ~~~ no (Site plan required for entire event site. Include locations of tents, stage, portabets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no x {If yes, attach proof of approval) Private Property Use: yes no X {If yes, attach letter giving authorization from property owner) Event budget attached: yes x no {Required for all events) Previous year Revenue/Expense summary attached: yes ~ (Required for all events) Do you have cash sponsors for the event: yes no X {Indicated on budget) Do you have irilcind sponsors for the event: yes ~C no {Indicated on budget) no C:1Documents and SettingslLisilDeslctoplspecia] Event Permit Application FINAL 9.6.07.doc Serving or selling alcoholic beverages: yes no~_ (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes ,[ ,~~ no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes no ~r Will there be entertainment: yes no 3C (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no_ __ Requesting Police assistance: yes_ _ X no (traffic control/security) Will supplement with private security: yes no~C (If yes, need plan attached) Requesting Emergency Medical assistance: yes no ?C , ,__ Requesting barricade assistance: yes ~ ,__ no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes no X (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes no X Requesting stage use: yes no. X (If yes, check type) Large stage (14' x 36') i~ Small stage (16' x 21') © Half small stage (S' x 21') a Requesting signage: yes~_ no Type: 4'x4'Event sign X Parking Signs Banner hanging Indicate dates required (Waiver required if mare than one (1) week prior to event) Requesting City Portable Generator: yes no X (If yes, size & power) Food and beverage vendors: yeses,. no If yes, approximate number S- h - o r er ~ k~ (Health Department approval required) y s ~gly~„~ no C;1Documents and SettingslLisilDesktopl5pecial Event Permit Application FINAL 9.6.07,doc Other vendors: (Indicate type) yes no X Tents: yes X na If yes, How many__ ~ (gyp What size or size required ~o x i o ,~,._,_ (If yes, tent permits and fare inspections may be needed) Will the event include amusement rides: yes no ?C (If yes, type arrd location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on-site map) yes no X Will there be a charge far the event: yes no X (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no ?C ,_~ (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no 'X (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes X no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no '?C (If yes, indicate locations and purpose for use) Event Permit Attachments: x Revenue/Expense Budget ~t Revenue/Expense Recap Last Years Event X Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcahal Beverages Proof ofNon-Profit Status X General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner X Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:1Dacuments and SettingslLisil~esktoplSpecial Event Permit Application FINAL 9.6.U7.doc z~2~na Event Contractor/Coordinator Date Please print:.. ~-1a~ar.~ g~ar~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Orrl~,/ .~ Date Received °`"/ `~/~ Application fee received $ ~ ~ C:1Dvcuments and 5ettingslLisilDesktopl5pecial Event Permit Application FINAL 9.6.D7.doc American Craft Endeavors .._ .. __. 12th Annual Downtown Delray Beach Craft Festival ~ May 23 & 24, 2009 i _ I PROPOSED BUDGET FOR Ma 2009 s __ ~ ~ ~ __ ~ Income j ~ I j Number of Crafters ~ 105 I Crafter Revenue $21,000 Number of Food Vendors i2 Food Vendor Revenue $x00.00 i Total Revenue j $21,900.00 EXPENSES ~ Advertisin _ ~ Boca Raton News T~ ~~~ ~ _ Expense $1,100.00 Palm Beach Post Ex ense $1,750.00 South Florida News a er ' Ex ense $375.00 Sun Sentinel i _ _ Expense I 1 900,04 Advertising SubTotal ~ $5,125.00 ----__------- --- Services : ....._._~ _ _. Permit ~__ Palm Beach Count Health ' Ex ense $25.00 Permit __ ___ Cit Of Delra Beach Ex ense $100.00 Si na a ~~ ~~ A AA Sign Lines Ex ense ~ $275.00 Sanitation _ ~ Able Sanitation Ex ense $632.50 Sanitation _ ~~~ ~ Waste Management Ex ense $654.98 Sanitation ~~ TTents for Events __ Ex ense ~ $475.00 Barricades Bob's Barricades Ex ense $335.00 Securi ,Fire, Public Works Cit Of Delra Beach Ex ense $3,351.00 Rentals Tents for Events ~ Ex ense $900.00 Gra hies for advertisin __ Ex ense Ex ense $225.00 Pa roll _ _ Hela ne Stillin s & Staff Ex ense ~ $1,750.00 Rental Pro ert _ I Delra Joint Venture Ex ense ~ $2 000.00 Lod in sand meals, travel Ex ense ; $375.00 _ One Million Dollar liabilit ins olio ~ ~ Expense ~ $1,500.00 Administrative Overhead `telephone, mailings,etc j Expense 1 $825.00 ~ ~ Service SubTotal j $13,423.48 Total Ex enses ~ ~ ~ $18 548.48 ~ ---- _-~ ----- --- Show Profit _ . -~ ~_~ $3,351.52 1 I American Craft Endeavors 11th Annual Downtown Delra Beach Graft Fest ival -~ May 24 & 25, 2008 -~---- --- ----- - --- PROPOSED BUDGET FaR M ay 2008 ~~_ -~---_ --_ ----- income _._ Number of Crafters _ 1 Q5 - Crafter Revenue $15,750 Number of Food Vendors 2 Food Vendor Revenue 5900.00 Total Revenue ~~~ $1g,gS+ 0,00 _ EXPENSES ~ - --.. __ Addvertlsln ______._ ~ _ Boca Raton News ~ ~ nse $809,50 Palm Beach Post _ Expense $1,250.35 Sauth Florida Newspaper _ ~ ~~ Expense $325.00 Sun Sentinel Expense ~ _ $1458.85 Advertisln SubTotal ~ .- - -- $3,841.70 Services : - - _- ___ Permit __ _ _ Palm Beach Coun Health Expense $28.00 Permit _ C' Of Delra Beach Expense --_ $100.00 Si na _~ AA Si n Lines- Expense - -- 5200.00 Sanitation _ _ Able Sanitation ~ _ F.x ease $g4g,3g Sanitation __ ~ __ Waste Management Ex ease _ 5854.98 Sanitation ~ _ __ Tents for Events ~ ~~ ____ Ex nse $325.00 Barricades Bob's Barricades Expense $275.00 Secu ,Fire, Public Works __ CI Of Delra Beach __ Ex nse 53,351.00 Rentals Tents for Events _ _ Ex nse --- ~ $g7g,00 Graphics for advertising _ Expense __ F~cpense 5175.00 Pa Il Hela a Stillin s 8 Staff Expense ~- -- $1,330.79 Rental Props ___ Delray Joint Venture __ Expense ~ $2,000,00 L in sand meals, travel One Million Dollar liabilf ins olic Administrative Overhead _ telephone, mailings,etc ~p~Se Ex nse ~ Expense. $Y00,00 _ $875,00 ~ $875.00 - Service SubTotal __T $11,431.13 _~ -_ Total Expenses ~_ ~_ ~ X15,272.183 ~ ~ Show Profit _ -_ _~ $1,377.17 MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 26, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 RESOLUTION NO. 16-09/ABANDONMENT OF WATER EASEMENT/CVS PHARMACY ITEM BEFORE COMMISSION The request involves abandoning a 5' x 54' water easement near the northern border of the proposed CVS Pharmacy site to accommodate the installation of improvements and FPL utilities associated with the construction of 15,266 sq. ft. CVS Pharmacy building. BACKGROUND On February 27, 2008 the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan, landscape, and architectural elevations associated with the construction of a 19,000 sq. ft. Office Depot and a 15,266 sq. ft. CVS Pharmacy. On September 10, 2008 the applicant resubmitted a Class V Site Plan, landscape plan, and architectural elevations which eliminated the Office Depot building in favor of a sodded, undeveloped parcel for future retail space. The Board subsequently re-approved the Class V site plan and associated components. As part of the plat review process it was noted that a 5' x 54' water easement (ORB-2232, PG-185) dedicated to the City along the northern portion of the site is an unnecessary encumbrance since it no longer contains any City facilities. Subsequently, the abandonment request was submitted by the owners of the property to eliminate the easement encumbrance and allow the installation of landscaping, franchise utilities (underground FPL lines and a transformer covered by a new 10' utility easement), and other improvements associated with the construction of the CVS Pharmacy building. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6 (N) (5) the following finding must be made prior the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The abandonment will not result in the detriment as there are no water or sewer mains located within the abandonment area. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. The water easement area occupies a portion of property that will be dedicated on the plat as a 10' utility easement for Florida Power & Light (FPL) facilities. RECOMMENDATION By motion, adopt Reso.ution 16-09 approving the abandonment of a 5' x 54' water easement dedicated to the City via an easement deed recorded in Official Record Book 2232, Pages 185 - 186 of the Public Records of Palm Beach County, Florida, located within the CVS Pharmacy property, based upon positive findings with respect to LDR Section 2.4.6(N)(5). Attachments: . Location Map . Survey of Abandonment Area . Abandonment Resolution #16-09 RESOLUTION NO. 16-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A WATER EASEMENT LOCATED WITHIN THE CVS PHARMACY PROPERTY LOCATED SOUTH OF N.E. 8TH STREET (GEORGE BUSH BOULEVARD), BETWEEN N.E. 5TH AVENUE (SOUTHBOUND FEDERAL HIGHWAY) AND N.E. 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY) AND AS MORE PARTICULARLY DESCRIBED HEREIN WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement retained in favor of the City via an easement deed as recorded in the public records of Palm Beach County, Official Records Book 2232, Pages 185 - 186, located south of N.E. 8th Street (George Bush Boulevard), between N.E. 5th Avenue (Southbound Federal Highway) and N.E. 6th Avenue (Northbound Federal Highway) and as more particularly described herein; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public E asements ~, of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: SEE EXHIBIT "A" PASSED AND ADOPTED in regular session on this the __ day __________ of, 2009. ATTEST: City Clerk MAYO R 2 Res No. 16-09 SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, 1NC. ~,~ 5381 NOB HILL ROAD pLs SUNRISE, FLORIDA 33351 TI=LEPHOf~1E: (954) 572--1777 ~ FAX: (954) 572-1778 E-MAIL: surveyst7pu#ice€andsurveyors.com CERTIFICATE OF AUTHORIZATION L8#3870 LEGAL DESCRIPTION: EASEMENT TO BE ABANDONED THE SOUTI-I 5 FEET OF THE NORTH 25 FEET OF THE WEST 38 FEET DF LOT 64 AND THE SOUTH 5 FEET OF THE NORTH 25 FEET OF THE NORTH--SOUTH ALLEY LYING ADJACENT TD LOTS 1 THRU 4 AND LOTS 37 AND 64, ALL IN THE "SUBDIVISION OF MCGINLEY AND GOSMAN", A5 RECORDED IN PLAT BOOK 2, PAGE 87, PALM BEACH COUNTY PUBLIC RECORDS. f ~ - - ~ tl~' I ~ N.E. 8TH STREET I ,., K~o~ at16H ~cn~~AFri~) ,., O O `~ PARCEL NO. 355 I ' € O.R.9. 483, PAGE 48 NORTH LLN£ LOT T1~ f .. ._..- --- .. _._.. --- -- _ . . ... .... .... .. ... ... ...... .._i ~zr rr - - ~ ~ ° - ~ } 1 ^ ~ ~ EAST LJNE LOT 1 ~ ~ " , N ~- - - Q 3 Q ~ o r N01 °32'39"W ~ N89 Q7 01 E 54.00 S01 32'39"E I ~ ~ € Q Q 5.00' ~ '" 5.00' I ~ iC ^ ~ W 1 889°b7'D1"W 54.DD' ~ ! I I ~°~ ~ ~• ' z n ~ LI.I ~` ~ a'X 5'X54' NrATER LINE EASEMENT ! ~ ~ a ~ ~, ~ Z t , ~ a ~ O(TO 9£ A911NOONE0J5 ~ ~~ ~~ ~ M I ~ ~ € o x Q ~ f 1 ~~ r _ _ __I ~ s4 ~ s3 ~ s2 I i~ °: ~ a ~ ~ € ~/¢~~ ~ m~ ~ 1 I =ma U~Q~ ~j ~ r ~ ~' i ' oo ~~ 2'MCC~lNLEY AND GC)SMAN~S SUBDMSION' l~ o ~ I •-- ~ ~ c(~( ~ ~ f ~~ , ' P I T OOK 2, PAC`aE 87 I C" ~ m p cp I W ~ f ~ Z Ltf r ~z r ~ ~ ~ I ~ I~ ~ ~ ~ Z Llj I Qof~ Q Zrf ;__~d a ~~_ I ~ ~ '~~ I aZ .... o - ------- ~ ~~~ i ~Zw '~ 3 ~ I a~ I ~ i 3 I ~~~ ~ ~ ~ _ f & 2 ~ f ~ ~m 1 37 I 38 # 39 ~ f 0 ~I I € ~ ~ ~A [I a ~ ~ _ ~ t l ; i ~ I I I €~ I ~. Jf _ _i ~ ~ I ~ €rr 25 30' ~! ~ ~ ~ ~ I I I k NOTES: 1) BEARINGS ARE BA5ED ON THE EAST LINE OF LOT 1 BEING N01'32'39"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FI1=LD SURVEY. 3) THIS SKETCH 15 NOT VALID WITHOUT THE 51GNATURE AND ORIGINAL RAISED SEAL OF A 4) FLORIDA LICENSED SURVEYOR AND MAPPER. O.R.B_ DENOTES: OFFICIAL RECORDS BOOK. ~~ r I ~r 5) ~ IJENOTES: CENTERLINE. l 61 40 F1LE- CENTRES ING. SCALE- 1'~5O' ORDER NO_~ 52140 DATE 07/15/09 U_S_ 1 AT N.E. 8TH STREET JOH E, PROFESSIONAL SURVEYOR AND MAPPER L52691 DELFIAY BEAG-I, PALM BEACH COl1MY, FLOf~DA D BURNS, PROFE5510NAL SURVEYOR AND MAPPER LS6136 FOR= CENTRES SITE STATE OF FLORIDA N . E. 11TH S T- 4i = ~ ~ O~ Z w X - N.E. 10TH 5T. a ~ ^ o N.E. 9TH ST, a r.,.i w Z °w L~ GEORGE BUSH BOULEVARD ~~~ ~1~ \~ a`~i~ Q i~j 2 ~f `` a a ~~. ~, "' ~P 7TH ~ a ~ a ACURA ~ ~ OF DELRA Y `~ `° ~ BEACH ~ L<i z z N,E. 6TH ST. +.~ z v o z 0 z 0 ~ PUBLIX ~ 0 0 cry z Q LLi ~2 =N.E- 7TH CT. ~ ~ ~ ~ ti~ S T. N Cf7Y OF DEi,RhY 8EAd1, R PLANMPIC R a0liN6 OEPARTA~NT -- pRYTA! BISF AI4P S'YSYE7! -- 'r'"~' I CVS DEVELORMENT AND ASSOCIATED RETAIL LOCA710N MAC' fiMP R6: UM234 ~w MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Planning and Zoning Director THROUGH: City Manager DATE: February 25, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 LANDSCAPE MAINTENANCE AGREEMENT WITH CENTRES DELRAY LLC ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a landscape maintenance agreement associated with the CVS Pharmacy Building project located at 700 NE 6th Avenue. BACKGROUND The subject property measures 2.32 acres and is located on the west side of NE 6~' Avenue(700 NE 6~' Avenue) between NE 7~' Street and NE 8~' Street (George Bush Boulevard). At its meeting of September 10, 2008, the Site Plan Review and Appearance Board (SPRAB) reviewed and approved with conditions, a Class V site plan, landscape plan, and architectural elevations associated with the construction of a 15,266 sq. ft. CVS Pharmacy building. The development proposal includes the installation of landscaping within the N.E. 8~' Street right-of-way in the vicinity of the turnaround associated with the pharmacy drive thru. A condition of approval was attached that the applicant submit a landscape maintenance agreement establishing the applicant's obligation to maintain the landscaping within the right-of-way. The landscape maintenance agreement has been reviewed and approved by the City Attorney's Office for legal form and sufficiency and is now before the City Commission for approval. RECOMMENDATION Approve the landscape maintenance agreement associated with the CVS Pharmacy Building. Prepared by: RETURN: R. Brian Shutt, Esq. ~ City Attorney's Office 2m0 N.W. 1st Avenue ~~~ Delray Beach, FL 33444 ~. ~ ,~ x -.~ LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of , 2009 by and between the City of Delray Beach, Florida ("City") and Centres Delray LLC, a Florida limited liability company, ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of--way of Northeast Eight Street abutting the Property further described in Exhibit "A," (the "Property") pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of--way of Northeast Eight Street abutting the Property; and, WHEREAS, the City reserves the right at any time to utilize the right-of--way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, ~ WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape ..~ ~' ~ ~ plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. i ~ 308 ~~ NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The Property shall have an approved landscape plan, Exhibit "B," attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of--way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications t and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of--way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 30876-2 ~:r 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of--way by the Owner. 7. If for any reason the City decides that it needs the right-of--way of Northeast Eight Street abutting the Property or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of--way within 20 days of such notification, if so requested by the City. 8. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of--way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. This Agreement maybe transferred to a new owner of the Property in connection with the sale or conveyance of the Property without the prior written consent of the City. a 30876-2 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ,day of ATTEST: ity Clerk 2009. CITY OF DELRAY BEACH, FLORIDA By: Approved as to legal form and sufficiency: Attorney STATE OF FLORIDA COUNTY OF MIAMI-DADE Mayor Name Typed, Printed or Stamped 30876-2 :~ Exhibit "A" ::::SKETCH AND I.EQAL DE~RIP'T10N 6Y ~~$ PULICE LAD~SURV~EY~C?RS tNC. sun~nse, Ro~_ ic~a P'L$ 1'E~EPHONEi (954) 572-7777 FAX: {95k} ."i77.-t773 V E-MAIL: surveys~puE3cetenQSUrvevors:oom CERTIFICATE pF Aurhi(~RiZATapty i_3N387p L.~GAL DESCRIPTI(JN: A :'(}E~TiUfv UF` L£~Tv 2. ~, ~ ~9, bx tifiC? 64 ANC; AE.:4..: :iF L.C:TS 3%' AND 3~, TUGI_Ti?EE< `,S'ITE` .: l=~QRTi~J {>F THE PJi;RTH 1~2 UE 7t~E VF,(,',-TED ^~IGHT--C?z -WA.'' trt" IdC)E<7t~E~~51" , ,H ~.vJ~tY s1NLi r, P:iR 11t.7Ni7E ifif-.~ AE3r~i'Jf;:.rNt:.L} i Ei f"{ti l 3~L.I..::~Y LYIhJi,~ A.D~SACEh . i U ST,IEJ ' UT J; VI- °'vl,^,~i!FlLEY ANC; U>h~1AN'S SU8[?!VISiU[v"> RE~URDEE3 iN PLAT BQC'i< 2 PAGE ?37 U~ TI-IC P~ELG REUURDS U~ f'ALh! E;=A(;N {,UE1NT`!. 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SHEET 1 OF 2 r~.,is c~~ 1~:at:+~r Is r~E!T;~Er~ tL1:.L Ncr~ SCALEc N~A Gn+ict_ET.. ?HI'FiGUT SHEETS i ANO 2 ORQER NO 51890 rr , ~.._ OATEN 0$108108, REV 12/31/08 ~' U.3. t AT N.E.: 8TH. STREET ~ - % . _. ~-._..=-.... _ -- ...__ _Ori~ P~iL.,E, FES~ICNAi: SURYcYUfi A'~D FAA 1'GP, LSZ651 t3ELAAY BEAC}~, pALWi E~ACI~I {X3k1NTY, FLORDA c el= . eu~r~s. ~r~c~ ~sal~!~A:. s;ir, ~~r~K ~,FV:, ~,rk~=~E.n _s~t:ss _FOR~ GVS s-ATF :;F ~ nRICA ~= 9KETCPi AND LEC#AC DESCRIPTION 6Y ~ ~ PULICE LAND SURVEYORS, iNC. ~.$ 5381 NQB HILL ROAD I ~ ; SUNRISE, FLORIDA .33381 ~ - _ ~_ TELEPNOt~kE: (954) 572-1777 • FAX: (954) 572-'778 E-MAff_; surveysQApuiiaelgndsurvoyorg;caYn CERT€FICATE OF ALJ'THORI"LA7€OtV lf3#3870 ~~ F s.. t\ ~ : ~ ggg + ~ ~ ~ ~ ..-- - ~ I: "I, a.1 { SAT . - r} , _ ~,~] .} _ ,. ~. ~ r x. ~ otr:r 6F': ?if9 '?d :. i5'i '.S. .. rt.J t 1G , h,. ''m~ - ~ tPd ~s3 ~: - Y t t { 1) t 1' ~ """ p { P yI .. RRw - ~1~:2r~ ~at}~~~~:_ ~ ~ .ur sSc:.: ~ ^ ^ -. I € s~: ~ _ ~i'~='yrr. -} i'~i '';_ ~~ Ism - lc~h ~ --. ~ '~.4. ~r ~ c if ~ ^ ~Ry ~Fl j ~. 4E C- r~ ~~ ~ ~{7 ~ r, 3 +~ ~ ~ ~~ i g~ L: ,-r~ ~ as ''~ }- ~ ~! p ^ ~ ef':~ Y FILES CENTRES INC. SHEET ~ OF 2 -,CIS ~ar:u>~sEn€> Is nfE€rHEk Fu€.~ N~ft 3CRLE~ 1"~80' r;o€~r~~ErE ~~-HO;~r SrI~~.~u ~ n€r,.7 2 ORDER NU.~ 51590. DATE 48105/D8, REY 12/31!05 tJ.S. 1 AT N.E. 8TH STREET I~EELAAY BEACH, PALt,A BEACH COUN'CY, t~URibA' ~Ft: Cy S 30876-2 ~ ~~~~~ R ~ ~r g y 55® !i F 4 I~ R ~ d ~ ~ ~ ~tf~ ¢i I~nApj, ~ _ R a x F i k~~ A .`~. ' ~ ~ ~ ~ ~~ __-_ ___ x _ ~~-~~;- c~ ~ ~ ~ a ~ '~ ~ ~~ ~~ ~~ ~ ~ ~~ "In~~~Y A 3 ~s r47+i' 'fir ~ ^ ~ ^r a?~ROr ! e ~~= . ~~~F~~Fl;i~g~ ~'.gli=~'~~F~ t :p ~~~~' ,a~ ®!~ ~ '~~€L a€ ;#.~ ~, : - "r#_v xn _ y~.. ° ~ : ~ .. R » ~ R R ® ~" ~ g ~ ~ #P~R :R # ME ~` - - ~ 0 °- lY R' • a G O'~ yp ? P 4 ~ . E~~ L ! g Y F ~i y ~~ a ~ W f ~ ~ m yya, r~~ i f E 6 i ~~~ ~ ~ 'r ~ + t F r x tl a ~ x - ~~ !gR`31 ~ : ~ ~r a ~ . ~ R R R R '„ ~ R R R F R # ~ .~ IR ~~ ~ o t R i F G s~°~.n is b r ~~ x . ~F DI bX j } ~y Z ~ 9g E +S ~y e ~ € R' ~ ~xc =g A %~ ~ ar m ~~ ~~ m am N -~ ~ =~ Z z ~~ E ,. E fl 4 2 D ~9 m !~[ EXHIBIT "B" i Fl~fix ti ~~- ~RUC~ EacuMrs ~ ,v. = i- ~ ano ArraiL cENrER uauasc~a` .~~' Ts $ ~ ~ ~ R ~, ,, - ~ - .+.:a.:. urr mc:.'~.~r ors Lwsr W. N-a axe or raR sea. s~ ~ ; _ ~ P~ MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 25, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of February 17, 2009 through February 27, 2009. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: . The item must be raised by a Commission member. . By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of February 23, 2009 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. A. Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 4.5.1(L)(2), Subsection "Designation of Historic Districts", sub-subsection "Marina", to provide for the modification of the Marina Historic District boundaries resulting in the removal of 12 properties. B. Recommended approval (7 to 0), of the initiation of an amendment to the Land Development Regulations Section 4.4.29 "Mixed Residential, Office and Commercial" (MROC) to add educational facilities, training centers and vocational schools as a conditional use. C. Recommended approval (7 to 0), of the initiation of a small-scale Future Land Use Map Amendment from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-1- AAA (Single Family Residential) for 13415 Barwick Road in conjunction with a voluntary petition for annexation. D. Recommended approval (7 to 0), of the initiation of an amendment to the Land Development Regulations Article 8.2, "The Downtown Development Authority", to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 0299); and to modify the DDA boundary description (Appendix B) and map to reflect the expanded DDA area between Swinton Avenue and I- 95. Historic Preservation Board Meeting of February 18, 2009 1. Approved (5 to 0, Toni Del Fiandra and Keith Snider absent) a request for a Certificate of Appropriateness associated with an addition to a contributing structure located at 125 NW 3rd Avenue. No other appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action. 2. Recommended approval (5 to 0), of Ordinance 10-09, providing for the modification of the Marina Historic District boundaries resulting in the removal of the historic designation of 12 properties. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map N ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT MARCH 2009 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\3-3-09 --olGlraLaasEMaPSVSreM-- MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: February 23, 2009 SUBJECT: AGENDA ITEM I.1. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 PURCHASE AWARD/AUTOMOTIVE RESOURCES, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of two (2) single post, 15,000 pound capacity mobile lifting systems for the Fleet Maintenance Division from ARI Hetra in the amount of $19,159.86 per GSA Contract No. GS-07F-7172B, quoted dated 02/19/2009. BACKGROUND The Fleet Maintenance department currently has a set of ARI-Hetra lifts used for lifting heavy-duty trucks such as Fire Apparatus. The purchase of two (2) additional lifts will provide the capability of performing repairs on a second truck while one may be disabled waiting on parts or like circumstances. ARI offers a mobile lifting system without installation that is the most reliable method for lifting and servicing heavy-duty vehicles. The addition lifting system will reduce maintenance time and simplifies the removal of springs, suspensions, brakes, engines and transmission. FUNDING SOURCE 501-3311-591.64-90 MACHINERY/EQUIPMENT /OTHER MACH/EQUIPMENT RECOMMENDATION Fleet Maintenance recommends the purchase of two (2) single post mobile lifting systems for the garage in the amount of $19,159.86 from ARI Hetra. Pricing per GSA Contract No. GS-07F-7172B, quote dated 02/19/2009. MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manger DATE: February 26, 2009 SUBJECT: AGENDA ITEM I.2. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 PURCHASE AWARD/CHEMICAL LIME COMPANY OF ALABAMA, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the award for the purchase of bulk quicklime to Chemical Lime Company of Alabama, Inc. via Boynton Beach Co-op Bid #005-2821-09/JA at an estimated cost of $450,000.00 from March 2009 through September 30, 2009. BACKGROUND Quicklime is needed to adjust the pH of the raw water, preparing the water for treatment and to remove hardness which in turn, prevents scaling in the pipelines. The City of Boynton Beach is the lead agency for this cooperative bid. On November 04, 2008 bids were received from three (3) vendors based on estimated annual quantities of the participating governmental entities of this Co-Op bid. The City of Boynton Beach awarded this Co-op Bid to Chemical Lime Company of Alabama, Inc. at their City Commission meeting of December 16, 2008 per award letter dated December 18, 2008. The Manager of the Water Treatment Plant agrees with the recommended award to Chemical Lime Company as stated on attached email dated February 26, 2009. 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U ~ ~ ~ U w a H O N u .~ c~ Y 9 m Page 1 a~ 1 Nadal, Patsy From: Bullard, John Sent: Thursday, February 26, 2009 8:49 AM To: Nadal, Patsy Cc: Montgomery, Gloria Subject: Buik Quicklime Contract Patsy Nadal, I am in agreement with continuing to use Chemical Lime Company of Alabama, Inc. as our supplier for bulk quicklime. Their service and product have been of a high standard throughout the years we have been with them. The estimated cost for lime far the rest of FY '081'09 is $ 450,000 and shouid be funded out of the WTP account#441-5122-536-52-21. Thanks, John Bullard WTP Manager 243-7319 2/26/2009 T~.e G`f ty o, f Boonton Beach. Procuremen t ,Setvzeas 100 E. Boynton Beach Boulevard P.O. Boz 3I0 Boynton Beach, Florida 33425.431D Te]ephaneNo~ (581) 742.8310 FAX' (561 742-fi316 December 18, 2008 Chemical Lime Company of Alabama, Inc, 4720 Cleveland Heights Bivd., Ste 203 Lakeland, Fl 33$13 Attn: John L. Thompson RE: "ANNUAL CONTRACT FOR CO-OP BULK QUICKLIME" BID # 4Q5-2821-091JA Dear Mr, Thompson: At the City Commission meeting of December 15, 2008, the Bid for "ANNUAL CONTRACT FOR CO-OP BULK QUICKLIME" was awarded to your company. Enclosed is a Tabulation Sheet for your review. As stipulated within the Bid specifications, your company's original certificate of insurance is tv be provided tv our Risk Management Department at your earliest convenience, naming the City of Bo ton Beach as additional insured We would like to thank you for responding tv this Bid and look forward to working with you. A tabulation sheet is enclosed for your review. If you have any questions please contact Janet Allen, Buyer, at (S61) 742-6322. Sincerely, Carol Doppler Purchasing Agent /ja Enclasurts: Tabulation Sheet Melvin PinIozey ~- Chief Operator EWTP So. Central Regional WWTP City of Delray Beach Village of Wellington City of Lake Woxtb Central )~ile City of Riviera Beach File City of Weat Palm Beach MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 25, 2009 SUBJECT: AGENDA ITEM I.3. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 PURCHASE AWARD/SHOW TURF OF SOUTH FLORIDA ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of two (2) 2005 Toro 3150 used fairway mowers, one (1) LasTec 721 used pull behind mover (articulator), one (1) John Deere 4500 used tractor and one (1) John Deere used 2005 utility cart in the amount of $40,200 from ShowTurf of South Florida. BACKGROUND The golf course management staff is recommending the purchase of the above listed used equipment to replace existing equipment and to provide backup equipment at the golf courses. Attached is a summary of the equipment proposal to be purchased, indicating model, year, engine hours and a cost comparison to the purchase price for new equipment. Purchasing used equipment provides a cost savings of over $56,000 compared to a price quote for new equipment. The prices shown for new equipment are State of Florida or GSA contract prices. ShowTurf is an authorized John Deere dealer. Existing equipment to be replaced or placed in a reserve back up position are as follows: uantit Item Toro 3100 Mower Will he used as back up Toro 3100 Mower 2004 4,932 Will be used for repair parts Club Car Utility Vehicle ,.1999 _ - Replaced Year Engine Hours 2004 2.385 Note The used tractor and pull behind mower will be used as back up so that it can be used at Lakeview Golf Course without having to transport existing equipment between courses. FUNDING SOURCE Funding is available in account 445-4761-572-64.90, Other Machinery and Equipment. RECOMMENDATION Staff recommends the purchase award to ShowTurf of South Florida in the amount of $40,200 for the purchase of two (2) used Toro 3150 mowers, one (1) used LasTec 721 pull behind mower, one (1) used John Deere 4500 tractor and one (1) used John Deere utility cart. Z ~, W ~p ~ ~ a E W N W ~ V ~ Z ~ i ~~ W ~ F- W Z m a~ ~~ 3~ wa Y 'Q. ~v ~ ~ O O O O ~ N N O ~ aD N ~ Op 0p ~ ~ cO m In II] 07 r frJ O~ ~' r r SA N r ~ N Fi4 EA ~ d~4 i~q 49 M ++ Odddd d ~ Oooao 0 V O O O O N N CD0000N ~1' O T 7 ~` +, ~~Odd O ~q NNO~00 N ° GD Op L(? ~_ (O W C 1 N N ~ N M m ~ d4 ERfA ~ ~ ~ 2 ~~ ~ ~ N N d ~~ u~t~Qc~]N a r r O r ~ ~ ~" N N N ~ ~~ c ~ i ~ ° _~~oU O c~C~a~~ O ca _` m ~ ~ N ~ ~ ~ ~ {~ ~M ~~ ~ Q N ~ ~ H~~~~ m m m w a~i a°'i a°'i ^ ~ ~ ~ ~ G G G C G L L L L L 0 0 0 0 0 ~ ~ ~ ~ ~ ~ r r r r r Q .+ C d a .~ '° ag' O N ~~ = N ~ ~ 3 ~. ~~ E ° ~~ m x 'a y ~ O Z awn ° Z 0 w 0 0 't W 3 O Z O C d Yage 1 of 2 Barcinski, Robert From: sflgolf@aol.com Sent: Tuesday, February 10, 2009 10:11 AM To: Barcinski, Robert Cc: CynthiaMDoll[c~aol.com; Nadal, Patsy Subject: Fwd: Used Equipment Purchase Golf Course Hi Bob- ,~..~...~..Q ~,,,,, ~ , #1. - We provided in our paperwork three quotes for the greens roller. It was not on State Co~tract. #2 -Cindy provided you with the where we are getting the funding for the purchases. We all felt the roller and greens mowers will assist us much more than carpet or new bathroom fixtures this year in acheiving course quality to keep us competitive in these tough economic times. The mowers we are replacing are listed below: Toro 31D0 - 2385 hours -year 2004 - we will use as back-up Toro 3100 - 4932 hours -year 2004 - will be used for parts The two purchased mowers will replace the current two at Lakeview and two at Lakeview will be used as shown above The utility vehicle we purchase will replace a 1999 Club Car Untility vehicle serial number EG9928-778713. There is no hour meter on this cart. The tractor and articulator (pull behind} are additional so Lakeview will have their own rough mower and will not have to continue to use the one from Delray Beach Golf Club. This will make Lakeview more efficient as they now are dependent on Delray's schedule for their rough mowing. The units we are purchasing were manufactured in 2005. hope that answers your questions. Sorry I missed the meeting today but I am still not feeling well. Email me with any questions as I am checking emails and working from home. Sharon -----Original Message----- From: Barcinski, Robert Barcinski@ci.delray-beach.fl.us~ To: cynthiamdoll@aol.com Cc: sflgolf@aol.com Sent: Mon, 9 Feb 2009 4:09 pm Subject: RE: Used Equipment Purchase Golf Course Thnx. Just need other info requested. So we are not going to replace proshop carpet or renovate restrooms. Which restrooms were we going to renovate and what were we going to do? From: cynthiamdollCs~aol.com [n~lto:cynthiamdoll@aol.coml Sent: Monday, February 09, 2009 3:54 PM To: Barcinski, Robert; sflgalfCc~aol.com 2ilo~2ao9 DEERE Prepared For: City of Delray Propose! For: City of Delray Prepared By: SEAN J SHAW ShowTurf of South Florida 1305 Neptune Drive Boynton Beach, FL 33426 Phone: (56'f } 732 89x5 E-mail: Date: 3anuary 27, 2009 Offer Expires: February 3, 2009 CONFIDENTIAL _2F~b.24. 2009, 4:3~PN~ m~pELRAY BFACU GOLF CLUB ShnwTnriul'Sogth Florida 1365 Ncpluoe Drive DOy:t14n Head ,FL 3342b Phpns: Sb 1.73Z-89115 Fax:5SI732R949 [lpgib Sumuuiry ~No. 14b5 PF.p~_ JdMN D~lEf1Rl~ Prcpsred Fnr: Prepared Iiy; Qnuie lU: Z9628BT ~rzven SCAN J 5l iaw Craalyd Or*: Nuvr.~[t~bar =, 2(3(IA 1365 NapNr:e lhive Last Mediflled Oat Rabtvary ~, 2(1Q9 Bnyrnon 13aArlt .F[.334Zb 8api;ailan T1ote: Ibbruery 1R, ZD09 954-:~~90?9 sesn~ghow iivf c~nf „~ All amounts are dlapf4yad Rn f& -l:gvipmeni Summary aty ~ aoh F.ictended 2005 TARO 3950 1 $ 8,000.04 $ 8,000,00 2045 TORO 350 y $ B,OG0,44 $ 9.000.00 LASTEC 729 9 ~ $,000.00 '~ 8,000.04 John Deere 4500~l.VC4500C3SDZA7 1 $ 12,000,00 S 12.400.00 2045 John D®ere GATOR TX 1 $ d,~00.00 ~ a,z00.00 Egttlprtwnt Tonal i 44,200.Ga Quote 9urnmary Rquiproetlt ~ 40,20(1,h0 'Itada 1n B:Ibtatal ~ 40,ZOU.O(? '1 ortJ ~ 4D,20D. DD i)nwn I'eynlCnt Recta! Apy~lied Salanco Dus ~ 4~,?.OD.04 Ssl~aperson: X Acoepied By: X. f:()NI~YT~EN7YAI. i i I I i i i i JOHN DEERE January 27, 2009 City of Delray 4500 Hours 1fi32 - ~}r.a.ci~~~' 3154 Hours 1172 ~ r uati~ rslo cJe ~ 3150 Hours 1055 - ~~ c~3i5 a;tr~ t~~v 6 Month Warranty on all used equipment. SEAN J SHAW {5fi1) 732 8945 ShowTurf of South Florida co1vF-rDE~ Show'IY~rf of South Florida 1365 Neptune Drive Boynton Beach ,FL 33426 Phone: (561) 732 8905 Fax:5b17328949 JOF~V DEERE Quote Summary Prices reflect a John Deere Goverment Discount and include delivery. Prepared For: Prepared By: Quote ID: 3169269 City al'Delray BRIAN J BOWLES Cleated On: February 9, 2009 561-243-7163 1365 Neptune Drive Last Modified On: Febn~ary 9, 2009 Boyrrton Beach ,FL 33426 Expiratioe Date: February 28, 2009 561-713-3338 brian@showturf.com All amounts are displayed in $ Equipment Summary Qty Each Extended John Deere 25D08 RGM GAS 2 $ 23,824.00 $ 47,648.00 Jahn Deere 452D TRACT 1 $ 24, 214.40 $ 24,214.40 John Deere TX TURF GAS GATOR 1 $ 7,336.8D $ 7,336.80 L.ASTEC 721 1 $ 17,500.00 $ 17,500.00 DMI Speed Roller 1 $ 10,500.D0 $ 10,500.00 Equipment Tote! s 707,199.20 Quote Summary Salesperson: X Equipment $ 107,199.20 Trade Tn Subtotal $ 107,199.20 Total $ 107,199.20 Down Payment Rental Applied Balaece Due $107,194.20 Accepted ey: X CONFIDENTIAL J T ~ ^ ~ 1 ^ ~ 7 ~ ~~ ^ ^ L- 1 ~~ ~ . E ~ I u 1 ~.~ ~ 1 ^ MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 26, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 FINAL SUBDIVISION PLAT/WAIVER REQUESTS/200 MARINE WAY ITEM BEFORE COMMISSION The item before the City Commission is the certification of a final plat and approval of two waivers for a 0.63 acre, two lot, single family subdivision known as Marine Way. The subject property is within the Marina Historic District and is located at the southwest corner of N.E. 2nd Street and the Intracoastal Waterway. The property is zoned Single Family Residential (R-1-AA) and contains atwo-story single family residence constructed in the 1940s that is to be reclassified as contributing. BACKGROUND At its meeting of September 17, 2008, the Historic Preservation Board (HPB) reviewed and approved a Certificate of Appropriateness (COA) for the reorientation of the existing house on the proposed Lot 1 and a COA for construction of a new single family home on the proposed Lot 2, subject to the condition that the property be platted. The Marine Way plat is now before the City Commission for final action. City staff has reviewed the plat and determined that all technical comments have been satisfied. The proposed plat meets all the LDR requirements except for minimum width and frontage for which two waivers are requested. The applicant has requested two waivers to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in lot width and frontage dimensions below the minimum requirement for the newly created Lot 2. LDR Section 2.4.7 (B~(5) (Required Findings for the Granting of Waivers) Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Further, as seen on the attached (8.5" X 11" reduced) plat, Lot 2 will be 63.37' wide by 194.79' deep and will be deficient with respect to lot width (see table below). Further, pursuant to Appendix "A" of the City's Land Development Regulations, frontage is defined as "a lot boundary adjoining a street." Access to both lots is provided via a 24' wide private access tract dedicated on the plat as Tract "A." Therefore the southern boundary of Tract "A" qualifies as 24' of frontage for proposed Lot 2. However, the 24' of proposed frontage is deficient by 51' (minimum requirement 75') as noted in the following table: LotSize (Square Feet LotWidth LotDepth LotFronta~e Minimum Required 9,500 75' 100' 75' Proposed Lot 1 13,135 75.32' 175.13' 75.16' Proposed Lot 2 12,335 63.37' 194.79' 24.00' Waiver Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be grantedunder similar circumstances on other property for another applicant or owner. The current lot was created via deed with dimensions of 153.23' wide by 136.13' deep. The proposed Marine Way plat would subdivide this property into two single family lots with approximate widths of 75' and 63'. Lot widths of 50' to 80' are prevailing in the City's southeast area and are substantially more common than lots with dimensions of 100' or greater. In addition, the creation of the nonconforming lot (Lot 2) would mirror the "flag shape" configuration of the adjacent lot to the south and would closely match the overall lot dimensions of properties on the north side of S.E. 2nd Street, and the east and west sides of S.E. 7d' Avenue to the north. With the inclusion of a dedicated access tract, frontage is provided for both lots; however the frontage requirement for Lot 2 can only be calculated along the southern boundary line of Tract "A" which is 24' (51' shy of the 75' requirement). As noted above, the flag-shaped lot adjacent to the south also has approximately 24' of frontage which would be calculated along the northern boundary of the driveway adjacent to the south right-of-way line of N.E. 2nd Street. Similar reduced frontage situations exist through the City where the "pole" portion of a flag shaped lot (or a lot on a cul-de-sac that sits far off the street) is created to accommodate a driveway to an otherwise landlocked parcel. Although this form of subdivision design is not encouraged, in this situation it accommodates the creation of a new single family lot providing the economic viability to save and renovate the existing home which is recommended for reclassification as a contributing structure in the recent survey of the Marina Historic District. Other requests to create similar nonconformities under unique circumstances have been previously approved. The "Frysinger properties" located at the southeast corner of S.E. Sd' Street and S.E. 4d' Avenue (Lots 7 & 8, Block #4, Plat of Osceola Park) consisted of two reconfigured lots that were both approved with nonconforming frontage, width, depth and size. As previously noted, this proposal creates only one nonconforming lot, with respect to width and frontage, and the configuration of the new lots closely matches the existing lot widths in the neighborhood. Given the above, the waiver will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation and approval would be granted in a similar situation. It is noted that the proposed development of each lot would be a positive contribution to the redevelopment goals of this area of the City; particularly the relocation of the non-contributing historic structure (to be reclassified as contributing) onto a fully conforming Lot 1 with regards to lot size and setbacks within the Marina Historic District. Based upon the above, it is necessary and appropriate to approve the requested waivers in order to maintain a level of consistency and sustained development within the neighborhood. REVIEW BY OTHERS The plat and the associated waiver went before the Historic Preservation Board at its meeting of October 15, 2008 and both received a unanimous recommendation of approval. RECOMMENDATION By Separate Motions: Waiver: Recommend approval of two waivers to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the lot width and frontage for one of the two proposed lots per the dimensions noted in the table above, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D). Plat: Recommend approval for the Marine Way Plat upon a finding that it is necessary and appropriate to create the non-conforming lot by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(K) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations. Attachments: Location Map P&Z Staff Report, September 15, 8.5" x 11" reduction of survey, plat, & site plan ?008 Plat Exhibit HPB Staff Report, October 15, ''Letter from Applicant -Waiver Request ?.008 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA FINAL SUBDIVISION PLAT AND WAIVER APPROVAL REQUESTS FOR 200 MARINE WAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This final subdivision plat and waiver approval requests came before the City Commission on March 3, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the final subdivision plat and waiver approval requests for the 200 Marine Way. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. LDR REQUIREMENTS FOR FINAL SUBDIVISION PLAT APPROVAL: LDR Section 3.1.1 Required Findings: Pursuant to Section 3.1.1 (attached as Exhibit "A") the requirements of this Section must be met for land development applications Does the final subdivision plat meet the requirements of Section 3.1.1? Yes No LDR Section 3.2.3 Standards for Plat Actions: Pursuant to Section 3.2.3 (attached as Exhibit "B"), the requirements of this section must be met for plat actions. Does the final subdivision plat meet the requirements of Section 3.2.3? Yes No II. LDR REQUIREMENTS FOR WAIVERS: (a) Waivers: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (1) shall not adversely affect the neighboring area; (2) shall not significantly diminish the provision of public facilities; (3) shall not create an unsafe situation; and 1 (4) 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. (b) Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. The required minimums versus actual lot sizes of the proposed lots are listed bellow: Lot Size (Square Feet) Lot Width Lot Depth Lot Frontage Minimum Required 9,500 75' 100' 75' Proposed Lot 1 13,135 75.32' 175.13' 75.16' Proposed Lot 2 12,335 63.37' 194.79' 24.00' Should the waiver to reduce the lot width of Lot 2 be granted? Yes No Should the waiver to reduce the lot frontage of Lot 2 be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements including, but not limited to, Sections 2.4.5(K) (Minor Subdivisions), 2.4.7(8)(5) (Waivers), 3.1.1 (Required Findings), 3.2.3 (Standards for Site Plan and/or Plat Actions), and 4.3.1(D) (Lot Size) and finds that the LDRs are met and that the determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the final subdivision plat and waivers for 200 Marine Way. The City 2 Commission hereby adopts this Order this 3rd day of March, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 3 EXHIBIT "A" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA FINAL SUBDIVISION PLAT AND WAIVER APPROVAL REQUESTS FOR 200 MARINE WAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA (A) Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. (B) Concurrence: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. (C) Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. (D) Compliance with LDRs: Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5(J) and in special regulation portions of individual zoning district regulations. 1 EXHIBIT "B" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA FINAL SUBDIVISION PLAT AND WAIVER APPROVAL REQUESTS FOR 200 MARINE WAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA (A) Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. (B) Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. (C) Open space enhancements as described in policies found under Objective B-1, of the Open Space and Recreation Element are appropriately addressed. (D) The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. (E) Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. (F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. (G) Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. 1 (H) The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. (I) Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. (J) Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. 2 _ Z o _ z ~ F- Fa z F ~ w g o .. U m = 1 ~ ~ a Gq~l W ~K a K Q Q ~ ~ W F ~ _ z R' m a' ~ m 2 Q O ~u ti~ N= 3~° ~ ~ ~ w ~ ~ ~ ~ ~ w a w~° ~~~ © ~, g ~ , ~ ¢ ~ _ ~ W _ ~ ~ oy~¢ a,~ ago ~ ~ p77 ~, N tL m ~ ^ a y ~ m~ n ~. h [. 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E. J 3RD J Q Q LC [L' W - LLJ Q ~ W LLJ L~ I.r- w ~~ S.E. 4TH G1 O z z 0 0 m m o o~o ATLANTIC VETERANS TERRACE PLAZA PARK CONDO C A V E N U E WATERWAY EAST ..__ ~ _ COMMERCIAL -- - >` CONDO - _ Q ~. Lv a ~ > - ~ BAR o ~ _ a >Y NAR80UR ~ W CONDO _ ° ST. f~ AdIRAMAR ~ Q U Q _z ~ a INGRAHAM ST. - ~~ ~ SEAGATE d TOWERS _ ~ ---- V? Q N O W ST. U ~ 7 BAY Q l~ z ~" SEAGATE CASUARWA ~ MANOR aucloA Ro. N ~- MARINE WAY CITY OF l1ELRAY 6EAGH, FL MIPIOR SlJ$DIViSION PLAT PLANNING & 20NING DEPARTMENT -- OlG1TAL BASE MAP SYSTEM -- MAP REF: LMA-241 ELIOPOULOS ARCHITECTURE, INC. Architecture, Planning + Design AAODD3179 Febn.~ary 9, 2009 City of Delray Beach Attn.: Mr. Scott Zubek Planning and Zoning Department 100 N. W. lst Avenue Delray Beach, FL 33444 Re: 200 Marine Way Delray Beach, FL Dear Scott: Please accept this letter to request a waiver from the City Commission of our proposed project ("Marine Way") at the above referenced address for the following item: Item #1. We are requesting a waiver to allow the creation of anon-conforming lot within a residential zoning district which does not meet the rrsin;mum (75'-0"}. It should be noted that if Tract `A' was considered the frontage of Lot `B', then the frontage would be (24'-0"), which would not meet the minimum (75'-0"} of frontage pursuant to the development standard matrix as noted in LDR Section 4.3.4 (K). This necessity of this waiver is based on the requirement for positive findings with respect to LDR Section 4.3.1.(D) which states "No yard or lot existing at the time of the passage of this chapter shall be reduced in area or dimensions below the minimum requirements set forth herein. Lots or yards created after October 1, 1990 shall meet the minimum requirements established by this chapter unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such a non- conformity." Should you have any questions or comments, please do not hesitate to call the office 561-276-6011. Thank you for your attention. ~'`~~ Sinc re el ,,.~ ~' ~,... . ~- 5 O~ry P. Eliop ulos AIA, NCARB ELIOPOULOS ARCHTI'ECTURE, INC. D ~W''I FEB 1 0 200~J PI_~INNING ~ ZONING 205 George Bush Blvd. ^ Delray Beach, FL 33444 ^ Phone: (561) 276-60ll ^ Fax: {561) 276-6129 ^ E-mail: GPEQAOL.COM _ .HISTORIC PRESERVATION BOARD MEMORANDUM STAFF 'REPORT Agents: Davrd Lindley, P,L.S. and Gary Eliopoulos Project Name: Marine Way Plat Project Location: 200 Marine Way, Marina Historic District HPB Meeting: October 15, 2008 File No: 2008-241-FBP _ _ _ ._.. __ _T____._ _ _. __ _~ ITEM BE1=0RE THE BOARD. The item before the Board is to forward a' recommendation to the City Commission regarding the subdivision of a 0.63 acre lot into two (2) lots, to be platted as Marine Way. The subject property is located at the southwest corner of S.E. 2"d Street and the Intracoastal Waterway. BACKGROUND 1 P,RO.fECT DESCRIPTION The subject property is located within the Marina Historic District and is located at the southwest corner of N.E. 2"d Street and the Intracoastal Waterway. The property is zoned Single Family Residential (R-1-AA) and contains atwo-story non-contributing single family residence constructed in the 1940s. In December of 1935, Block 127 of the Town of Linton plat (Plat Book 1, Page 3) was re-platted into 25 separate parcels via the Blank-Nichols subdivision (Plat Book 13, Page 28). In December of 1943 the north half of Block 127 was re-platted into 5 separate parcels (Tracts A thru E) via The Moorings plat {Plat Book 20, Page 27) and Park Avenue (a.k.a Canal Street) was delineated as part of the Intracoastal Waterway. The subject property is the north 145.6' less the west 28' of Lot "E" plat of the Moorings, along with the incorporation of a 50' wide section of Canal Street, currently proposed for abandonment. At its meeting of September 15, 2008, the Planning and Zoning Board forwarded a recommendation of approval to the City Commission far the abandonment of a portion of the 50' wide Canal Street (now shown as an easement within the Intracoastal right-ofi way) in conjunction with platting the above referenced property into two Pots. This recommendation was made subject to the condition that approval from the Army Corps of Engineers must be obtained for any encroachments within the Corps' easement area along the Intracoastal Waterway. At its meeting of September 17, 2008, the Historic Preservation Board (HPB) reviewed and approved a Certificate of Appropriateness (COA) for the reorientation of the existing house and a COA far construction of a new single family home on the property, subject to the condition that the property be platted. The HPB also recommended approval to the City Commission of a waiver request to allow a fence (arbor) taller than four feet (4') within the side street setback once the existing house is relocated. Along with this recommendation, the HPB approved a demolition request for a portion of the rear structure, construction of one and two-story additions, and installation of swimming pools for each house and associated landscaping. The applicant has submitted a plat application (Marine Way plat) that would subdivide the existing portion of Lot "E" into two (2) lots while still retaining the existing, non-contributing, historic structure within the northern of the two new lots. The Marine Way plat is now before the Board for a recommendation. Marine Way Plat; 20D8-241-FPi3 HPB Meeting of October 15, 20 Page 2 of 6 _ - - -- __ T_ ____ _ _ ____.._ PLAT ANALYSIS The proposed plat consists of 2fee-simple, single-family detached lots that will contain the resituated, non-contributing structure on proposed Lot 1, and a new two-story, 4,887 square foot single-family residence on proposed Lot 2. Currently, access to the subdivision is being shown as a 24' wide dedicated access easement that covers the "pole" portion of the flag of lot two, which extends south from S.E. 2~d Street into the subdivision. Additionally, the plat will include a general utility easement along the north line of Lot 1, (adjacent to S.E. 2"d Street) and 6' drainage easements along the south side of Lot 1 and the north side of Lot 2. The lot to the north (Lot 1) will be conforming with respect to all of the lot dimension requirements of the R-1-AA zoning district and will take access via a private access easement from S.E. 2"d Street as noted above. Lot 1 measures approximately 75' wide by 175' deep (13,135 square feet of total lot area}. The proposed lot to the south (Lot 2), also taking access from S.E. 2"d Street via the private access easement, will not comply with the R-1-AA (Single Family Residential) zoning district standards with respect to lot width as further discussed in the Waiver Analysis section below. As per LDR Section 4.3.1(D}, City Commission has the authority to grant relief of the following standards: LDR 5ectian 4.3.4 (K) {Development Standards Matrix): Reduction in area or dimensions below the minimum requirement. Waiver Request: Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. As seen on the attached {8.5" X 11" reduced) plat, Lot 2 will be 63.37' wide by 194.79' deep and will be deficient with respect to lot width as noted in the following table: Lot Size t5guare Feef} Lot Width Minimum Required Proposed Lot 1 Proposed Lot 2 9, 500 75' 13,135 75.32' 14,139 63.37' Lat Depfh Lot Frontage 140' 75' 175.9 3' 75.16' 194.79' *NIA "Frontage requirement is not applicable since a dedicated access fract is not provided. War`ver Findings: Pursuanf to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: Proposed Configuration (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Marine Way Plat; 2008-241-FPB ~IPB Meeting of pctober 15, 20 Page 3 of 6 The existing portion of Lot "E" {north 145.6' less the west 28' per the Original plat of The Moorings) was created via deed with dimensions of 153.23` wide by 136.13' deep. The proposed Marine Way plat would subdivide this property into two single family lots with approximate widths of 75' and 63'. Lot widths of 50' to 80' are prevailing in the City's southeast area and are substantially more common than lots with dimensions of 100' or greater. In addition, the creation of the nonconforming lot (Lot 2) would mirror the "flag shape" configuration of the adjacent lot to the south and would closely match the overall lot dimensions of proper#ies on the north and south sides of S.E. 2"d Street, and the east and west sides of S.E. 7t~' Avenue. Other requests to create nonconformities have been previously approved. The "Frysinger properties" located at the southeast corner of S.E. 5~h Street and S.E. 4fh Avenue (Lots 7 & 8, Block #4, Plat of Osceola Park) consisted of two reconfigured lots that were both approved with nonconforming frontage, width, depth and size. As previously noted, this proposal creates only one nonconforming lot, with respect to width, and the configuration of the new lots closely matches the existing lot patterns in the neighborhood. Given the above, the waiver will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation and an approval would be granted in a similar situation. It is noted that the proposed development of each lot would be a positive contribution to the redevelopment goals of this area of the City; particularly the relocation of the non-contributing historic structure onto a fully conforming lot with regards to lot size and setbacks within the Marina Historic District. Based upon the above, it is necessary and appropriate to approve the requested waivers in order to maintain a level of consistency and sustained development within the neighborhood. ASSESSMENT AND CUNCLUSIQN The development proposal seeks to re-plat the north '145.6' less the west 28' of Lot "E", subdivision of The Moorings, into two {2} single family lots. The re-plat will accommodate the relocation and reorientation of the existing historic structure as well as create a new single family Eat for the construction of a two-story residence. Lot 1 will conform to the minimum lot size, width, depth and frontage requirements of the R-1-AA zoning district. Lot 2 will not conform to the minimum lot dimension requirements of the R-1-AA zoning district and a waiver to LDR Section 4.3.4(K) (Development Standards Matrix} to reduce the lot width must be forwarded to the City Commission, based upon positive findings with respect to LDR Sections 2.4.7(B}(5} and 4.3.1(D). ALTERNATIVE:ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission for the Marine Way Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Gamprehensive Plan and meets the criteria set forth in Sections 3.2,3 (Standards for Site Plan andlor Plat Actions) and 4.3.4(K) of the Land Development Regulations, subject to City Commission approval of the waiver for minimum lot dimension requirements for Lnt 2 pursuant to LDR Section 4.3.1(D). C. Move a recommendation of denial to the City Commission for the Marine Way Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 3.2.3 (Standards far Site Plan andlor Plat Actions) and 4.3.4(K) of the Land Development Regulations. Marine Way Plat; 2005-241-1=Pt3 HPB Meeting of October 1~, 20 Page 4 of 6 Recommend to the City Commission approval of the waiver to LDR Section 4.3.4(x} (Development Standards Matrix) to reduce the lot width far one of the two proposed lots per the dimensions noted in the table above, based upon positive findings with respect to LDR Sections 2.4.7(6)(5} and 4.3.1(D). Plat: Move a recommendation of approval to the City Commission for the Marine Way Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 3.2.3 (Standards for Site Plan andlor Plat Actions) and 4.3.4(K) of the Land Development Regulations, subject to City Commission approval of the waiver for the minimum lot width requirement for Lot 2, pursuant to LDR Section 4.3.1 (D}. Staff Report Prepared by: Scoff R. Zu6ek, Senior Planner Attachments: Appendix A ; Location Map, and Proposed Plaf Marine Nay Plat; 2008-241-FPB HPB Meeting of Qctober 15, 20~ Page 5 of 6 -- __ _ APhENDIX E~A~, STANDARDS.FQR SITE >aLAN ANDtOR PLAT ACTIQi~S A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains #o traffic circulation. Not applicable X Meets intent of standard Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancemen#s as described in Policies found under Objective B-1 of the Open Space and Recreation Elemen# are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D, The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification wilt be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consisten# with adjacen# development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shad continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element, This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element, Not applicable Meets intent of standard X Does not meet intent Marine Way Plat; 2pQ8-2~1-FPB HP8 Meeting of Qctober 15, 2Q= Page 6 of 6 H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent ~... I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to became a high accident Location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meek intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --=STAFF REPORT--- MEETING DATE: September 15, 2008 AGENDA ITEM: 1V.A. ITEM: Abandonmenfi of a 0.17 acre rectangular shaped porkion of Canal Street in conjunction with the development of a two single family lots, lying at the southwest corner of S.E. 2nd Street and the Intracoastal Waterway. GENERAL DATA: Owner ..................................... ApplicantlAgent ................. . •--- Location .................................. Property Size...., ...................... Existing FLUM Designation..... Current Zoning ..................... Adjacent Zonings...........North: East: South: West: Existing Land Use ................... Proposed Land Use ................ Water Service ......................... Kathy R. Cobban. David P. Lindley, P.L.S., Caulfield & Wheeler. Southwest corner of S.E. 2"d Street and the Intracoastal Waterway. 0.17 Acres LD (Low Density Residential, 5 -- 12 Units per Acre). R-1-AA (Single Family Residential). CF (Community Facilities). Intracoastal Waterway and RM (Multiple Family Residential -Medium Density). R-1-AA {Single Family Residential). R-1-AA (Single Family Residential). Unimproved portion of the Intracoastal right-af-way containing sod and a seawall. Abandonment of right-of way to be incorporated into a proposed two-lot single family subdivision. NIA Sewer Service ......................... NIA ATLANTIC VETERANS PLAZA PARK . ATL AN T! C A VE. W a a a a ~o S.E. 1ST ST. Q 3 Q S.E. 2ND ST. Q SEAGATE ~ 70WERS 0 U a S.E. 3RD ST. z o `~ z S.E. 4TH sT. 5EAGA TE MANOR N ~- IV.A. ITfM BEFORE THIT BOARf] The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the City's interest in a 0.17 acre rectangular-shaped portion of Canal Street associated with the creation of two single family lots. The parcel is located at the southwest corner S.E. 2"d Street and the Intracoastal Waterway, adjacent to 200 Marine Way. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M}, Abandonment of Right-of Way. BAC KG'RO U N D The Canal Street right-of-way was originally dedicated in July of 1896 with the recordation of Town of Linton plat (Plat Book 1, Page 3) as a 50' right-of way. In December of 1935, Block 127 of the Town of Linton plat was re-platted into 25 separate parcels via the Blank-Nichols subdivision {Plat Book 13, Page 28} and Canai Street was renamed "Park Avenue." In December of 1943 the north half of Block 127 was re-platted into 5 separate parcels (Tracts A thru E) via The Moorings plat (Plat Book 20, Page 27} and Park Avenue {a.k.a Canal Street) was delineated as part of the Intracoastal Waterway. The subject portian, of what was originally Canal Street, is adjacent to and east of Lot "E" of The Moorings plat. In the late 1920's (1928, 1929 and 1930), the Florida Inland Navigational District (F.i.N.D.) surveyed the entire Florida East Coast Canal (now known as the Intracoastal Waterway) from Miami to Jacksonville for the purpose of locating certain tracts or parcels of land to be included within the proposed right-af--way for the Intracoastal Waterway. According to Sheet 16B {Plat Book 17, Page 16B) of the plat set for Palm Beach County, all of Canal Street south of Atlantic Avenue was included within the proposed right-of-way for the Intracoastal Waterway. Along this stretch of Canal Street, the west 50' of the ultimate right-of way for the Intracoastal Waterway overlaps with the 50' that was originally platted as public right-of-way via Plat Book 1, Page 3 of the City's original plat (Town of Linton). Therefore, the west right-of-way Tine of the Intracoastal Waterway now coincides with the west right-of-way line of Cana! Street. Subsequently, there are portions of this swath of Intracoastal right-of-way that were never dredged for inclusion with the navigable waterway and remain unimproved, The subject 50' section of Canal Street east and adjacent to Tract "E" of The Moorings plat is one of these areas. While the City may have right-of-way via Canal Street, the Intracoastal Waterway is dedicated to the Army Corp of Engineers. Currently the subject portion of right-of-way is unimproved and has been utilized as additional side yard for the adjacent properties for many years. A concrete seawall is located approximately 43' east of the west property line of the Intracoastal Waterway as noted above. On September 17, 20D8 the Historic Preservation Board will consider a Certificate of Appropriateness (COA), Site Plan, Landscape Plan and Architectural Elevations for a proposed single family residential development. The applicant has requested abandonment of the City's interest in Canal Street as part of the development proposal. While the City's interest is under consideration, this does not remove any interest that may or may not be vested in the Intracoastal by other entities, i.e. the Army Corps of Engineers. Re-platting the existing property at 200 Marine Way and resolution of any interest, City or otherwise wi[I be required prior to this property's inclusion in the plat. Planning and zoning Board 5taft FZeport: September 15, 20D8 Canal Street Abandonment-20D Marine Way - __ _ - ABANDONMENT bESCR1PTION The portion of Canal Street right-of-way to be abandoned measures approximately 50' in width by 148.65' (average length of the parcel through its centerline} and contains approximately 7,432 square feet (0.17 acres}. The subject parcel represents the entire portion of Canal Street right-of way, adjacent to Lot "E" of The Moorings subdivision. The abandonment request was submitted by David P, Lindley, P.L.S., of Caulfield & Wheeler who is the authorized agent for Kathy R. Cobban, owner of the property located at 200 Marine Way. The applicant is seeking Site Plan approval associated with a COA for two single family lots and has also submitted a minor subdivision plat application. The abandonment of all interest {City and Army Corp of Engineers) and verification of ownership are listed as conditions of approval per the Site Plan. The applicant is requesting that the City vacate and abandon ail public interests in this right-of- way so that the property could be utilized primarily for setback and required open space purposes. It should be noted that the construction plans show significant portions of the paver pool deck and landscaping for each home located within the abandonment area. Also, the roof of the home proposed on Lot 2 overhangs within the abandonment area. ABANDONMENT ANALYSIS ~ Pursuant to LDR Sec#ion 2.4.&(M){?), public right-af--way maybe abandoned (returned) fo the adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels). ]t should be specifically noted that, this formal abandonment process is only. to vacate and abandon all public interests in this right-of-wav (Canal Street) and not the assignment of reverted property. Verification of any rights associated with this area dedicated to the Army Corp of Engineers is a condition of approval. It is a civil matter as to the ownership of the subject portion and must be resolved .prior to this parcel being incorporated into any adjacent plat. The applicant has been instructed to request written notification from F.I.N.D. and the Army Corp of Engineers stating that these public agencies are aware of the applicant's development plans. The receipt of this notification by the Ci#y prior to recordation of the plat and issuance of any building permits far the development are attached as conditions of approval. Utility Services The City's Environmental Services Department has not identified any water or sewer mains within the subject area; therefore the City Engineer has no objection to the Canai Street right-of- way abandonment. The City's Fire Department has reviewed the request and has no objection to the abandonment. Utility provider company FPL {Florida Power and Light} has responded with no objection to the abandonment. FPU (Florida Public Utilities), AT&T Telephone, and Comcast Cable did not respond to the request for comments. - _ REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(M)(5), prior to any right-off way abandonment being approved, the following findings must be made; 2 Planning and Zoning Board Staft Report: September 15, 2008 Canal Street Abandonment - 200 Marine Way A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Currently, the right-of-way is unimproved, and as previously mentioned. The City has no plans on improving this right-of-way for any public purpose. Pursuant fo Policy B-?.4 of the Coastal Management Flement of fhe City's Comprehensive Plan, The City shall retain all existing public access fo fhe Infracoasfal Waterway, including street ends, and should consr""der enhancemenf of fhe sfreef ends as pocket parks with reasonable use restrictions including limited hours of operation. Southeast 2nd Street is a dead end street with its terminus being the Intracoastal Waterway. Immediately north of this dead end portion of S.E. 2"`' Street is the publicly owned City Marina. Therefore, public access to the Intracoastal Waterway has been retained to the north via the City Marina. While access to the south could be retained for the City via an easement, given its location immediately adjacent to private property, additional public access is not appropriate. Therefore, a positive finding with respect to Policy 8-1.4 of the Coastal Management Element of the City's Comprehensive Plan can be made. B) That the abandonment does not, nor will not, prevent access to a lot of record. Currently no lots use the abandonment area fior primary access. C) That the abandonment will not result in a detriment to the provision of access andlor utility services to adjacent properties or the general area. All applicable utility easements will be dedicated on the proposed "Marine Way" plat and all franchise utility companies have been notified via the site plan and abandonment process. __ RE1/fEW BY OTHERS ' ___ The development proposal and associated abandonment area is not within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority}. However, the area is located within the Marina Historic District and will be reviewed by the HPB (Historic Preservation Board) at its meeting of September 17, 2008 as part of a Certificate of Appropriateness (COA}. At its meeting of August 21, 2008 the Development Services Management Group (DSMG) reviewed the abandonment request and recornmend approval subject to the owner providing the City written confirmation that the Army Corp of Engineers and F.I.N.D. are aware of the development plans and have no objections. Courtesy Notices: Courtesy notices have been provided to the fiollowing: * Marina Historic District • Neighborhood Advisory Council 3 Planning and Zoning Board Staft Report: September t5, 2aa8 Canal Street Abandonment - 2aD Marine Way Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. . _ __.._. ` ASSESSMENT The subject right-of-way is unimproved and there are no current plans for its improvement. This abandonment is limited to the City's interest in the Canal Street right-of-way and is not the assignment of reverted property. As noted in the staff report, the subject area is within the 300- foot ultimate right-of--way for the Intracoastal Waterway. All necessary easements (drainage, utility, access, etc.) will be accommodated for this development via dedications on the plat. Public access to the Intracoastal has been retained to the north of this area via the City Marina and public access to the south of the abandonment area is not appropriate. . _ _ ~ __ - - ALTERNAT{VE ACTIbNS 1. Continue with direction. 2. Move approval of the request for the abandonment of a 0.17 acre portion of Canal Street located at the southwest corner of N.E. 2"d Street and the Intracoastal Waterway by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M){5} of the LDR`s with conditions. 3. Move denial of the request for abandonment by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.6(M)(5) of the LDRs. RECQMMENDED ACTION By motion, recommend to the City Commission approval of the abandonment of the City's interest in a 0.17 acre portion of Canal Street located at the southwest corner of N.E. 2"d Street and the Intracoastal Waterway by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M}(5} of the Land Development Regulations subject to the following condition: 1. That written notification from F.1.N.D. and the Army Corp of Engineers is received by the City prior to incorporation of this area into any plat or development proposal. Attachments: Location Map. Survey of Abandonment Area. . Marine Way Plat. Abandonment Resolution #DO-08. 4 5. E. 1ST ST. w ~ ~ W ~ cn Q z >-- ~ Q Q ~ ~ a w ~ ~ = Q S.E. 2ND ST. J Q LL' W >~ ~ ~ ¢ SEAGATE 1' TOWERS '~ ,_..- ~ r ~ O U z ~ ~ z f- ~ z S.E. ~RD ST. D Z O lii m _ ~ k- O Z ~ SUBJECT AREA CANAL STREET ® GI7Y OF DELRAY BEACBEACH, FL RIGHT-OF-WAY ABANDONMENT PLANNING & ZONING DEPARTMEN3 -- d1GlTAL BASE MAP SYSTEM -- MAP REF: LMA--240 ~~~` ~ ri ~] ~r DESCRIPTION: ROAD RIGHT-OF-WAY ABANDONMENT A PORTION OF CANAL STREET, MAP OF THE TOWN OF LINTON, FLORIDA, ACCORDING TO THE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT E, THE MOORINGS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 5.07'36'16"W. ALONG THE EAST LINE THEREOF, SAID LINE BEING THE WEST RIGHT-OF-~WAT LINE OF SAID CANAL STREET, A DISTANCE OF 145.60 FEET; THENCE 5.83'04'44"E., A DISTANCE OF 50.00 FEET TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF---WAY LINE OF SAID CANAL STREET; THENCE N0736'16"E. ALONG SAID EAST RIGHT--OF-WAY LINE, A DISTANCE OF 151.69 FEET; THENCE 5.89'59'1fi"W ALONG THE EASTERLY PROLONGATION OF THE NORTH UNE OF SAID LOT E, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,432 SQUARE FEET/0.1706 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF--WAY DF RECORD. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF 5.07'36'16"W. ALONG THE EAST LINE OF LOT E, THE MOORINGS, A5 RECORDED IN PLAT BOOK 20, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH DF DESCRIPTION OF THE HEREON. DESCRIBED PROPERTY I5 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JULY 23, 2008. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61 G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT' TO FLORIDA STATUTES 472.027. CAULFIELD & WHEELER, INC. ~` CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING . ~ ~ ~ 7301A W. PALMETTO PARK ROAD -SUITE IOOA _ BOCA RATOIV, FLORIDA 33433 PHONE (561)-392-1991 /FAX (561)-750-152 MARINA WAY PROP05ED ROAD RIGHT OF-WAY ABANDONMENT SKETCH OF DESCRIPTION DAVID P. LINDLEY REGI5TERE~ LAND SURVEYOR N0. 5005 STATE OF FLORIDA L.B. 3591 SHEET 1 OF 2 ~ DATE 7 ~ 8 a8 DRAWN BY JC F.B./ PG. N A scA~~ As sI~aWN JOB Na. 5389SKOD ~`~~ ~ ~6 ~~ GI f'T / J S.E. SECOND STREET 50' ROAD RIGHT-OF--WAY {PtAT BODK 7, PAGE 3) NORTH LINE OF LOT E POINT OF BEGINNING-f N.E. CORNER OF LOT E THE MOORINGS (PLAT BOOK 20, PAGE 27) w `~ W t-1 EAST LINE OF LOT ~ (BEARING BASIS} A PORTION OF LOT E THE MODRINGS (PLAT BOOK 2D, PAGE 27) CO Q z w z ~- O !- ~ x ~sDD' RPGH7-OF- ( ZATABOOKTj~ WAT RW, (NOT 70 SCALD) 1 E S89'59'1 fi"W 50.45' 5D, 00' f'~ W ~ w vL/ ~~ ~ F ~~~ Q d~ w zoo Q Qua U~ , c~ " ur b `1 4 ~~ z ~ ~ w ~ ~ o ~ ~ . u7 ` ~ ' j ~D p a o ~ z w DD' REMAINDER OF LOT E THE MOORINGS {PLAT BOCK 24, PAGE 27) ~~3D0' RlGy~ OF~ rNrRACpgSTAt WAY (PLAT(NO7K7.O7' PAT+=RWA j SGAtE') 168 t CAULFIELD & WHEELER, INC. CIVIL ENGINEERING -- LAND PLANNING ~ LANDSCAPE ARCHITECTURE -SURVEYING ~. 7301A W. PALMETTO PARK ROAD -SUITE IOOA ~" ', BOLA RATON, FLORIDA 33433 PHONE (56i)-392-1991 /FAX (561)-750-1452 MARINA WAY PROPOSED ROAD RIGHT-OF-WAY ABANDONMENT SKETCH OF DESCRIPTION III s83•o 50.00' GRAPHfC SCALE (IN FEET) 3 ~- cn Q~ w ~a~ J+~ _~ ~~ ~ Q f/) o a O~Q U ~ ¢ `' NORTH Z 30 15 0 15 30 J SHEET 2 OF 2 ~~ DATE 7 23 D8 DRAWN BY JC F.B./ PG. N A SCALE AS SHOWN JOB N0. 5389S~COD MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 26, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 FINAL SUBDIVISION PLAT/TALLMAR ITEM BEFORE COMMISSION The item before the City Commission is the certification of a final plat to be known as the Tallmar Plat. The plat consists of the 1.65 acre property which contains the existing Delray Marriott Residence Inn hotel complex. The re-plat of the property is associated with the construction of two and four-story additions. The subject property is located at the northeast corner of East Atlantic Avenue and Seabreeze Avenue. BACKGROUND On October 14, 2008, the Site Plan Review and Appearance Board approved a Class IV Site Plan Modification for the Delray Marriott Residence Inn expansion which included the construction of two and four-story hotel additions, construction of an off-site valet parking area, expansion of the existing restaurant, and the addition of retail and commercial uses. Subsequently, the applicant has submitted a final boundary plat application, which includes the dedication of right-of-way (triangular corner clip) to the City at the plat's southwest corner; the abandonment of a water easement along the property's northwest boundary (concurrently scheduled for consideration with this plat); the release of an obsolete parking easement and clarification of other legal instruments that encumber the property. The final boundary plat is now before the City Commission for final action. REVIEW BY OTHERS The City Engineer has reviewed the plat and determined that all technical comments have been satisfied. RECOMMENDATION By motion, approve the Tallmar Plat (Delray Marriott Residence Inn property), by finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(K) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations. Attachments: . 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J ~~ J v Q W DRI ~ r^ N.E. i5T C . ~ Q ~-- a Q ~ Q Z ~ LOWRY STREET 0 z ~' ti LLf ~ }~ ~ a '~' W 4 Q N W Q Q W A TLANT{C AVEN U E ,~, W ~..~ Q w a w Q Q a -~ Z ~' Q z ~ ] z vs ~ ° ~ trig ^_ ~ o Q MlRAMAR DRIVE Q w O vi > ~ U Q Q= ~ o -f U Q ~ 0 ~ ~ ~ Z COCONUT RCW ~ Z INGRAHAM AVE U ~ Li.l U OCEAN TERR. N SUBJECT PROPERTY -~ MARRIOTT RESIDENCE INN CITY OF DELRAY BEACH, FL 12-43-4S-1fi-30-164-007p TALLMAR PLAT PLANNING & ZONING DEPARTMENT -- DIGITAL RASE MAP SYSTEM -- MAP REF: 5:\Planning &Zoning\DBMS\FiEe-Cab\Z-LM 1001-1500\LM1070_Marriott Residence Inn I MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 26, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 RESOLUTION NO. 15-09/ABANDONMENT OF WATER EASEMENT/DELRAY MARRIOTT RESIDENCE INN ITEM BEFORE COMMISSION The request involves abandoning a 5' water easement along the north western border of the Delray Marriott Residence Inn property in conjunction with the construction of two and four-story hotel additions. BACKGROUND On October 14, 2008, the Site Plan Review and Appearance Board approved a Class IV Site Plan Modification for the Delray Marriott Residence Inn expansion which included the construction of two and four-story hotel additions, expansion of the existing restaurant, and the addition of retail and commercial uses. Subsequently, the applicant has submitted a final boundary plat application. As part of the plat review process it was noted that a 5' water easement located along the north western portion of the property no longer contained City facilities. It was also noted on the boundary survey that several structures, including a dumpster and several light poles, were encroaching within the easement. The abandonment request has been submitted by the owners of the Marriott Residence Inn property to eliminate the utility easement encumbrance to this portion of the site, therefore allowing for the construction of future improvements within the abandonment area. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6 (N) (5) the following finding must be made prior the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The abandonment will not result in the detriment as there are no water or sewer mains located within the abandonment area. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Since the easement area was dedicated to the City of Delray Beach as a utility easement for the provision of water services, Florida Power & Light, Comcast Cable, Florida Public Utilities Company and BellSouth (AT&T) would not have an interest in this request and therefore are not required to comment. RECOMMENDATION By motion, adopt Resolution 15-09 approving the abandonment of a 5' wide water easement dedicated to the City via an easement deed recorded in Official Record Book 1664, Page 97 of the Public Records of Palm Beach County, Florida, located within the Delray Marriott Residence Inn property, based upon positive findings with respect to LDR Section 2.4.6(N)(5). Attachments: . Location Map . Survey of Abandonment Area . Abandonment Resolution RESOLUTION NO. 15-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A WATER EASEMENT LOCATED WITHIN THE DELRAY MARRIOTT RESIDENCE INN PROPERTY LOCATED EAST OF SEABREEZE AVENUE, APPROXIMATELY 170' NORTH OF EAST ATLANTIC AVENUE AND AS MORE PARTICULARLY DESCRIBED HEREIN WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utilit~~ easement retained in favor of the Cite via an easement deed as recorded in the public records of Palm Beach County, Official Records Book 1664, Page 97, located east of Seabreeze Avenue, approximately 170' north of East Atlantic Avenue and as more particularly described herein; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements~~, of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the Cite Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the Cite Commission of the Cite of Delra~~ Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utilit~~ services to adjacent properties or the general area, that its interest in the described propert~~ is no longer needed for the public good and deems it to be in the best interest of the Cite of Delra~~ Beach to vacate and abandon said easement, as more particularly described in herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereb~~ incorporated herein b~~ this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: SEE EXHIBIT "A" PASSED AND ADOPTED in regular session on this the __ da~~ __________ of, 2009. 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SUBJECT PROPERTY -~:I..~ MARRIOTT RESIDENCE INN cITY OF oELRaY BEACH, FL 12-43-46-16 ~3D---164--0070 TALLMAR PLAT PLANNING & ZONING DEPARTMENT -- DIGITAL BASE MAA SYSTEM -- MAP REF: 5:\P3anning &Zoning\DSM5\File-Gob\Z-LM 1001-1500\4 A111070_Marrioft Residence Inn MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Susan Ruby, City Attorney DATE: February 12, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 SELECTION OF CONSULTANT FOR THE GREEN TASK FORCE ONLINE BULLETIN BOARD ITEM BEFORE COMMISSION Consideration of two (2) proposals received for computer software to be developed to implement the Green Task Force online bulletin board meetings. BACKGROUND In May, 2008, the City Commission held a workshop meeting and directed City staff to research whether or not online meetings could be held for the City's Green Task Force. In June, the City Commission held a second workshop and directed the City Attorney's Office to obtain an opinion from the Attorney General's Office regarding the legality of online meetings. In October, 2008, the City Commission directed City staff to obtain proposals for the creation of software to hold online board meetings. In December, the Attorney General's Office opined in response to our request that the City is permitted to hold online workshop meetings so long as certain requirements are met. After receiving the opinion from the Attorney General's Office, the City's Purchasing Division contacted several registered software vendors from their database and after answering all questions received, the City received three (3) proposals, however, one (1) vendor retracted their proposal shortly thereafter and only two (2) proposals remained. In accordance with Section 36.02 of our Code of Ordinances, for property or services under $15,000.00, purchases may be awarded by the Purchasing Supervisor to the low responsible bidder after the Purchasing Supervisor has solicited competitive bids/quotes in writing from at least three (3) different sources, if available. After receiving proposals from the two (2) interested vendors, "ComputerWorx" and "Wright Communications & Technology, Co." with no other vendors showing any interest, the Green Task Force Online Bulletin Board Committee met in February, 2009 and reviewed the proposals and recommended that the contract be awarded to ComputerWorx as they were the "low bidder" at One Thousand Six Hundred Dollars ($1,600.00). (WCT's proposal was Nine Thousand One Hundred Fifty Dollars ($9,150.00). This concept of online meetings is relatively new and unique and this project will be the first of its kind in Florida. Therefore, while the total amount of the low bid proposed is One Thousand Six Hundred Dollars ($1,600.00), it is possible that there may be additional costs that come up during the installation and/or implementation phase. The costs for additional work and/or maintenance, if the Commission desires to choose ComputerWorx, shall run from Sixty Dollars ($60.00) to One Hundred Thirty-Five Dollars ($135.00) per hour (WCT charges One Hundred Twenty-Five Dollars ($125.00) per hour for additional work). However, the agreement to be executed by the selected consultant contains a paragraph providing that any additional work/maintenance shall be outlined in a proposal to be provided to the City with a "not to exceed cost" to be approved by the City prior to any additional work being done. Security will need to be added to the software and updated yearly. Also, each time that the software is modified, there may be additional costs of securing the software but this can be installed by our IT Department and security certificates may be purchased in an amount between Five Hundred Dollars ($500.00) to One Thousand Dollars ($1,000.00). A draft of the proposed agreement with a Consultant is attached hereto for your convenience. The agreement provides that the Consultant shall provide the City with all software source codes and the City shall have all rights to the software allowing the City to use, distribute, advertise, or sell it with no royalties to be paid to Consultant in the future. FUNDING SOURCE 001-1111-511-34.90 -City Commission -Other Contractual Services after budget transfer. RECOMMENDATION The City Attorney's Office recommends City Commission discretion regarding the selection of the Consultant. CONSULTANT AGREEMENT THIS CONSULTANT AGREEMENT ("Agreement') made this day of 2009 by and between THE CITY OF DELRAY BEACH, ("Delray"), a Florida municipality in Palm Beach County, Florida, whose address is 100 NW 1st Avenue, Delray Beach, Florida 33444 and , ("Consultant'), whose address is WITNES STH: WHEREAS, Consultant shall provide consulting services in the design, development, implementation, and installation of computer software; and WHEREAS, the City and Consultant desire to create software to provide for electronic workshop meetings of the City's Green Task Force Board that will be open to both board and public participation for limited amounts of time. NOW THEREFORE the parties based on the mutual covenants herein contained agree as follows: A. Consultant's Responsibilities: Consultant shall provide consulting services as set forth below: 1. Develop software that will include a starting and ending date and time along with other information to restrict message posting by the public and Task Force Board members to only pre-scheduled meeting dates and times. 2. Create user accounts for Task Force Board members such that the Bulletin Board recognizes them as Task Force Board members when they log in and can provide unique functionality to those users. 3. Registered members will be allowed to post during the public hearing portion of the meetings up until the ending date and time for public comment. 4. Task Force Board members will have an option to view all posts in any given forum or to view only those posts made by fellow Task Force Board members. 5. Provide for easy retrieval of all online discussions, meetings, and uploaded items. 6. Manage the software and perform maintenance and repair as necessary. 7. Perform a brief design session and produce a brief design document outlining the functions and test plan for the software. Page 1 of 7 8. Develop and test the custom modifications to the phpBB Bulletin Board system on Consultant's server. 9. Install and test the modified phpBB Bulletin Board on the City's server. 10. Demonstrate and review test results with City staff. 11. Provide documentation regarding custom modifications implemented for the City in the form of a manual. 12. Provide a one hour training session for Green Task Force Board members and City staff. 13. Provide written documentation regarding necessary changes for use with a different City agency. 14. Provide the source code in the deliverable for the project. 15. Provide documentation explaining how software will work with other Open Source programs. B. Citv's Responsibilities: 1. The City is responsible for providing Consultant with access to the production server for development and testing purposes. 2. The City is responsible for acquisition, installation, configuration and testing of the required LAMP platform consisting of Linus server, Apache webhost, mySQL database and PHP programming environment. 3. The City is responsible for installation, configuration and testing of the standard phpBB Bulletin Board system to be used for the customizations described above. 4. The City is responsible for any purchase and licensing of any hardware or software components necessary to meet these requirements. 5. The City is responsible for addressing all security updates to the software beyond the initial installation. C. Timeframe: This Agreement shall become effective immediately upon execution and shall expire on September 30, 2009 unless extended by the mutual agreement of both parties. The City may require additional work by Consultant to address maintenance and/or repairs on Page 2 of 7 an as-needed basis after the expiration of this Agreement. Therefore, the terms and conditions of this Agreement shall remain valid for up to five (5) years after the expiration date. D. Fee Schedule: Consultant shall receive an initial retainer of Dollars ($) upon the execution of this Agreement, with balance due as follows: 1. Dollars ($) due within thirty (30) days of completion of review of design documents, edit and approval to be completed no later than March 31, 2009. 2. Dollars ($ )due within thirty (30) days of completion of program development and testing to be completed no later than Apri130, 2009. 3. Dollars ($ )due within thirty (30) days of onsite installation, testing, and acceptance to be completed no later than May 29, 2009. 4. Dollars ($ )due within thirty (30) days of Task Force demonstration and launch to be completed no later than June 30, 2009. 5. Additional work and/or maintenance shall be performed if requested in writing if not specifically stated in this Agreement shall cost no more than Dollars ($ )per hour. Further, the City and Consultant may agree to a fixed cost. Consultant shall be required to provide the City with a proposal of additional costs for all additional work/maintenance with Consultant's hourly rate for each item and a "not to exceed cost' for all additional work/maintenance proposed. City approval must be obtained prior to the commencement of any additional work/maintenance. E. Ownership of the Software: 1. The City shall retain all right, title, and interest in the modified software and source code designed by Consultant and shall have the right to use, distribute, advertise, and sell the software without requiring Consultant's permission. Consultant shall provide the City with all source code and software information in a form acceptable to the City. 2. The parties recognize and agree that the City shall have all rights, titles, interests, patent rights, copyrights, trademarks, trade secret rights and any other rights in and to the skin or visual template of the software product, its source code, inventions, works of authorship, mask works, collective works, and any ideas or information created by Consultant pursuant to this Agreement. Page 3 of 7 3. Consultant shall not receive any royalties for the City's use of the software and source codes provided by Consultant. F. Warranties and Representations: Consultant warrants that for a period of ninety (90) days following delivery of the source code and software to the City, Consultant will correct any nonconformity or defect at no charge to the City. Beyond ninety (90) days, any software maintenance or repairs shall be billed at the amount provided in Paragraph (D) 5. above. G. Indemnification: In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the Consultant shall defend, indemnify and save harmless the City, its officers, agents and employees, from or on account of any claims, liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the City), recklessness or intentional wrongful misconduct of the Consultant and any persons employed or utilized by the Consultant in the performance of this Project. Consultant agrees that negligence, recklessness, or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. Consultant agrees that negligent, reckless or intentional wrongful misconduct also includes, but is not limited to, the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the Consultant, his subcontractors, agents, servants or employees. Consultant further agrees to defend, indemnify and save harmless the City, its officers, agents, or employees from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the City or its officers, agents or employees on account of any claims, fees, royalties, or costs for any claim for invention or patent infringement or trademark or copyright infringement, and from any and all suits and actions that may be brought against the City, its officers, agents, or employees for the infringement of any and all trademark, copyright, patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the Consultant to defend, at its own expense or to provide for such defenses, at the City's option, any and all claims or liability and all suits and actions of every name and description that may be brought against the City, its officers, agents, or employees which may result from the operations and activities under this Agreement whether the work be performed by the Consultant, its agents or employees. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The City will pay to the Consultant the specific consideration of Ten Dollars ($10.00) and other good and valuable consideration as specific consideration for the indemnification provide herein. Furthermore, the Consultant acknowledges that the contract price includes said consideration for the indemnification provision. H. Insurance: Consultant shall maintain insurance in the amount of $1,000,000.00 Commercial Comprehensive and Worker's Compensation Insurance up to the statutory amounts required by Florida state law. Page 4 of 7 L Independent Contractor: Consultant shall at all times be deemed to be an independent contractor and nothing in this Agreement shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture as between the City and Consultant. J. Notice: All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addressees: As to City: City of Delray Beach c/o David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 As to Contractor: K. Termination: This Agreement may be terminated by either party with or without cause with thirty (30) days notice. Upon termination by the City, it shall pay only for the work completed at the time of termination. All documents are work product produced under this Agreement which shall be the property of the City in perpetuity. If Consultant terminates prior to delivery of the completed software to the City, Consultant understands that it shall refund all monies previously paid by the City as none of the deliverables will be usable by the City for its purposes unless the City receives and is able to use the entire software program contracted for under this Agreement. L. Breach of Contract: In the event of a breach of contract by either party for non- performance or non-payment, the non-breaching party shall give the breaching party thirty (30) days notice to comply with the terms of this Agreement. If compliance is not achieved within thirty (30) days, then the non-breaching party shall treat the Agreement as terminated and any payment or performance remaining on behalf of the non-breaching party shall be discharged and the non-breaching party shall have a right to pursue any and all remedies for the breach against the breaching party, including any damages resulting therefrom. M. No Third Party Beneficiaries: This Agreement and any other document executed in connection herewith shall inure to the benefit of City's successors or assigns. This Agreement and another document executed in connection herewith shall not inure to the benefit of any third person or entity. The terms and conditions of this Agreement are intended to benefit only those named parties to the Agreement. No person or entity not an identified party to this Agreement shall have any claim to or have any cause of action arising out of this Agreement. N. Interpretation of Agreement. The interpretation, validity and enforceability of this Agreement and any document to be executed in connection herewith, including all terms, Page 5 of 7 provisions, rights and duties set forth herein, shall be interpreted and construed in accordance with the laws of the State of Florida. Whenever used, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include the other. Captions and headings of this Agreement and any other document to be entered into in connection with this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, or the intent of any provision. O. Governing Law; 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. P. Severability. The determination by any court of competent jurisdiction that any provision of this Agreement, or any document entered into in connection herewith is not enforceable in accordance with its terms and conditions shall not effect the validity or enforceability of any of the remaining provisions; rather, any such unenforceable provision shall be stricken or modified in accordance with the Court's decision, and this Agreement, or any other document to be entered into in connection herewith, as modified, shall continue to bind the parties. Q. Entire Agreement; Modification. This Agreement among the parties consists only of the express written terms and conditions set forth in this Agreement. All understandings and agreements made between the parties are superseded by this Agreement, which alone fully and completely express the parties' understanding. There are no promises or agreements, oral or otherwise, inducing entry into this Agreement, except only as expressly in writing herein. The parties are relying only on the express terms, conditions and agreements set forth in this Agreement. The parties further agree that any promise or agreement, not expressly set forth in writing and signed by both parties, can not be relied upon and will not be valid or enforceable. R. Not to Be Construed Against the Drafter. The terms and conditions set forth in this Agreement are the product of mutual draftsmanship by all parties, each being represented by counsel, and any ambiguities in this Agreement or any documentation prepared pursuant to or in connection with this Agreement shall not be construed against any of the parties because of draftsmanship. IN WITNESS WHEREOF the parties have caused their duly authorized representative to execute this Agreement in a manner sufficient to bind the parties to this Agreement. EXECUTED this day of , 2009. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor Page 6 of 7 Approved as to Form: City Attorney WITNESSES: Print Name: CONSULTANT: By: Print Name: Title: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by acknowledging), who is personally known to me or who has produced (type of identification) as identification. (name of person Signature of Notary Public -State of Florida Page 7 of 7 ComputerWchrx ~~ Pro osal Custom Modifications for phpBB Bulletin Board System Prepared For The City of Delay Beach The information oartte~ihad In this proposal is pnaprietary and confitier~tial. This infiormation shall no# be disclosed outside of The Cily of Delray 13each (`City"), ComputerWorX, Ina. ("C1NX'), end any applicable CamputerlNarX business partners. The information shall not ba duplicated in whale or in part for any ,purpose other #han to evaluate the proposal. If a contract is awarded to Compu#et4VorX as a result of w in connection with the submission of this proposal, Compu#erWorX shall have the ri~h# to duplir~te, use. or disclose information to the extent provided by the contract. 1PRIt`+JNG t5 VALID FOR 9t1 DAYS CamAirtarWarX Cnnfidsrrtial Page 9 01123fZ00$ - v~ tom uterWc~rx TABLE OF CONTENTS ~ INTRODUCTION ~ 2 PROJECT SCOPE 3 2.1 Tasks to Be PerFormad ~ 3 TECHNICAL APPROACH $ 4 TIAAE.FRAMhS 4 5 COMPUTERWORX DELIVERABLES 4 6 OUT OF SCOPE REMS 5 7 ASSUMPTIONS 1 DEPENDENCIES 5 8 CHAR[3ES S 8~1 Protect Invss#ment 9 8.2 Add[tlonal YYoric 6 9 ACCEPTANCE B 9.1 System Acceptaacs 6 10 ACCEPTANCE OI~ STATEMENT OF WORK 7 ComputerWarrX CoMlclential Page 2 01/23/2009 _ v2 Com uter~'~IV~r?t SQL sok~~«~, s~,~. 1 Introduction The City of Delray Beach would .like to implement a Bulletin Board system to address communications issues related to its Green Task Force white ensuring cpmpliance with Florida"s Sunshine l.aw. ComputerWorX is pleased to present The City of Delray Beach with this proposal for the professional services to: • Customize an Open Source Bulletin Board system • Install and test it on The City,'s server • i'rovide documentation how it can be replicated for other uses This proposal defines the svope and process by which this work will be accomplished. Z Project Scope 2.l Tasks fo Be Performed The ComputerWorX team will perform the following tasks; • Manage this project in accordance with ComputerWorX's delivery approach and project management methodology • Perform a brief design session and produce a brief design document outlining the functions and test plan • Develop and test the custom modifications to the phpBB Buil®tin Board system on a CamputerYVorX server • install and test the modified Bulletin Board on the City's server • Demonstrate and review test results with City staff • Provide documentation regarding custom modifications implemented far the City • Provide a one hour training session far Gnaen Task f=orce members 3 Technical Approach This protect quote will c:ustorrfize the open source phpBB Bulletih Board system to meet the requirements of the City's Green Task Farce as defined by Dan Sloan and Ed DelPortillo. The specific requirements are: A. The Board`s administrator needs to create separate forums far each scheduled meeting including its starting and ending date and #ime along with other related information to restrict message posting by the- public anti task force members, B. The Board's administrator needs to create user accounts for Task Force members such that the Bulletin Board recognizes them as Task Force members when they tog In and can provide unique functionality to those users. ComputerWcrX Cortfidentlal Page 3 01l231~009 - w2 ComputerWc~r-x C. Task f=orce members will be allowed tea post messages to each forum only durfng the "meeting date' start and end time specified by the Administrator far each specific forum. They will be silowed to past as often as they wish durfng the meeting time and will b8 allowed tv use aEl functionality provided by phpBB including uploading of attachments. D. Members of the community who have registered on the Bulletin Board will be allowed to past to each forum only after the meeting has concluded. They will be limited to a certain number of posts per day and number of wards per past based on parameters established by the Administrator in 3A above for each specific forum. E. Registered members will be allowed to past up until the ending da#e and time for public comment as established by the Administrator in 3A above for each specific forum, F. Task Force rnembsrs will have an option to view all posts in any given forum or to view only these posts made by fellow Task Force members. GvmputerWorX wail provide the PHP programmlitig changes and mySQL database schema changes necessary to accomplish these goals. It is expected that this project will be completed remotely except for ansite installation and. final Task Force demonstration. The sounee code will be included In the deliverable for the project, 4 Tirneflrames 'The time to complete this project is dependent on the oommitment, availability and start date of Computer'WorX and City of Delray Beach personnel The prease project schedule will be determined during Project Initiation. The foAowing schedu.l® depicts the estimated project phases and #ime span. Weak Desari tion Complete pro act kickoff Complete Dell n discussions and draft desi n documents 1 Review desi n documents, edit and a royal 9 ~ Pro ram develo meat and testin 2 Onsite installation tes>fn and aces fence 2 ~ Task Force demonstrabort and launch 5 CornputerWorx Deliverables ComputerWorX will deliver In accordance with this proposal the following items. 1. Brief Design review document with test plan 2. PHP Source and rnySQL DDL scripts for database customization 3. Development test results 4. Onsite installation of the custom phpBB Bulletin Board 5. Onsite demonstration far the Task Force fi. Wr'itten documentation regarding necessary changes far use with a different City agency ComputerWorX Corrfiderrtlal Page A 01123J2009 -- vit Comput rW~~ 6 Ou# of Scope Items The following Ilst of items is not in the current project scope as defined by this proposal. 1. Provisioning, acquisition, installation or configuration of any hardware, operating systems, pnagramming environments., databases, standard C?pen Source phpBB Bulletin Board or other necessary components. 2. Custom programming for any functions oat spedfically listed in Section 3 above including, but not limited to, printing, searching, sorting and filtering functions, 3. Support beyond the Task Force demonstration and system launch. T Assumptions 1 Dependencies The list below represents assumptions and dependencies for succsssft~l completion of this project, 1. Any changes to the scope of this solution wail result in additional charges in accordance with the change order process. 2, The City is responsible for providing access to the production server by ComputerWarX for development and testng purposes. 3. The City is responsible for acxuisition, installation, configuration and testing of the required LAMP platForm consisting of Linus server, Apache webhost, mySQt database and PHP programming environment. 4. The City is responsible for installation, configuration and testing of the standard phpBB Bulletin Board system to be .used for the customizations described above. 5. The City is responsible for any purchases and licensing of any hardware or software components necessary to meet these requirements. 6. Standard browser printing, and postlmessage seat~ching, sorting and filtering will be handled by existing functionality in the standard phpBB Bulletin Board system, 7. PI]F capabilities are not included in this project and will be determined by each individual end-user's own installed printing options. 8. No graphics work of any kind is included in this project. 8 Charges 8.1 Prr~ject investment The City's loves#ment for this project is estimated at $1,600.Qa. Provided The City agrlees to the project .scope as defined 'in this .document, ComputerWorX is wining to perform the necessary work on a fixed-fee basis. These charges are exclusive of all applicable local, state, and federal sales taxes. This estima#e may change based on tha results of the design phase. In the event of a change, it will be documented and mutually agreed upon. ComputerWorX may find if necessary to propose additional work to enhance the -implementation as The City users begin to identify further needs and new requirements, which are not outlined in this ComputarWarX Conflrlantlal Page 5 01/2312009 -Y~ Com uterWc~ p s~~~. proposal. See the pricing schedule in Section 8.2 far a break down of additional charges, if applicable. ~2 Additional Work ComputerWorX is pleased to offer additiona[ services to The City related to this pro}act or other pro}acts. Current billing rates range from $~0 per hour to $9~5 per hour, Tam Kriete's current billing rate 1s $920 per hour and additional programming sen-ices related to this project will be billed at $90 per hour,. if applicable based on changes in scope. 'Phase rates are effective through December 31, 20Dg. 9 Acceptance 9. ~ System Acceptance The solution described in this proposal will be validated by ComputerWorX and titre .designated City of Delray Beach personnel through an acceptance test. This #est will proceed in accordance with the mutually agreed upon acceptance test plan as defined lrt the design documentation. During the acceptance testing process, ComputerVltarX and The City of Delray Beach will validate that the components configured and installed by ComputerWorX perform the functions as specified in. the design documen#s. Should any component fail to meet the acxeptance test criteria, the pro}act manager will note the problem. All pares will cooperate #o dstemline the severity of the problem, the component responsible for the problem, and the reason for the problem, e.g. code defect, configuration problem, end design mismatch. The schedule impact will be assessed .and time will be allotted to correct the failure as appropriate. For any problem due do components Installed by Compute~r'WarX, CamputerWorX will resolve the problem. For any failure due to components not installed by ComputerWorX, The City will take action to correct the problem. A# the completion of the acceptance test, ComputerWarX and The City will review the test results. Problems with ComputerWorX installed compcner~ts which faq Into the Critical ar High categories, will be deemed necessary far resolution prior to System Aa:eptance. 0#her problems of lower priorities shall be scheduled for later resolution and the solution will be deemed to meet the function speattcations outlined in the design document. At that point, the output of this phase shall be a slgnad System Acceptance document, indicating acceptance of the Computer'WorX solution provided. Moving the application into a production mode at The C1ty's request prior to Snal acceptance testing wi11 automatically constitute System Acx7eptance cf the solution. Compw~rWvrX Ganflderstial loge 6 09123/2009 - v2 Cam uterWc~r~, s~r~~ 5olutioru. s.-~cas. 10 Act;eptanc.e of Statement of Work By signing this document, The City of Delray Beach accepts the services con~ir~ed in this proposed statemetnt of work and authorizes the purchase and engagement of CompuberWorX services. ComputerllVorX understands that the undersigned has the authority to accept and approve the work and any modi~catlons on behalf of The City of Delray Beach. Signed By :................................................................._.._................. The City of Delray reach Printed Narne,............. .....................................................,............. Qate .......................................................................... ................ CamputerWor~( Cpnt'ldentia! Page 7 p~ 1z3Mpeg _ ~ 7'he 11lilr~ dallont ~ ~, Ca 40Q IArlasit N1ee~Bc ~d ~ B~rJ4 HA4 3344~L ~6'1~i73B6Qf Cr4PA61LITiES STATEMENT '1~. ~, i:a ad~er~ ~k an e~A-a~ Aarairy ' ~ ., # 1 ~ ~ +i ~ ,:. .~~ ~ PTOVid'In~ Solutions far over 28 Years 7'Fre Wiest Gonnrnicatlore 8 ~ ~ 4QDiiM~ail fHMd ~: 3~iA44 ~EiT3~eor THE WRIGHT COMMUNICATIONS & TECHNOLOGY, CO. ~ersannel has been designing, implementing and supporting technology solutions for over 28 years. Our highly skilled technical persanne! have managed. and performed on projects worldwide. Professionalism, innovation and cx~mmitment characterize our company. Since our beginning, we have provided complete and effective technology solutions, working closely with Indus#ry partners to enhance all aspects of Information Systems. [3unr~ l~ Bradstreet Number: 82 883-OQ3.3 Cage Code: 58BQ6 Taxpayer IdentFScatlon Number. 80-fl284744 Business sire: 5 Insurances: General tiability- $1 million Errors 8 Onnissions- $1 million Workers Compensation- $1 million Corporate contact ihfvrmatlon: Wright Communications l~ Technology, Go. Clifford Wright, President 400 West A#lan#Ic Blvd. Delray Beach, Fla. 33444 Telephone (581 ~ 573-6G07 Cwrig ht1958[d~be#[sauth.net Tha t Caertanir~arre ~ Ta~r~cloayy Car 400 Vtla~IltlarMlc tel. DeM+~-8ea[~rr Fla. 33Qe1~ i~'1~73680f WRIGHT CO1lRMUNICATIQIVS 8 TECHNOLOGY(WCT). provides people, solutions, and experience too enhance the reliabilityy, security, and efficiency of your lnformaticn Systems. WCT's professional staff will help ensure the sustainabifify of your communications. We develop strategies to mitigate potential Asks. Our strengths lie in our proven and robustEy designed technology solutions. We help empower your worlcforoe by ensuring high levels of functionality in Information Systems, VUCT provides expertise in applying systems engineering .solutions that improve productivity, reduce costs, and enhance r,:arpabilities. Information Systems Operations and Support Wright Communication staff professionally performs and provides... • Prflject management - B yrs, Document Management (Hummingbird Enterprise Content Life Cycle Solutions) -- 4 yrs, • t~pert Microsoft. Vissaal 5tudln .Net, Microsoft .Net Framework (latest 3.5) - 8 yrs. • Documentation (>=unctionaf Requirements, Analysis)- is years • Web application development (PHP & mySQL) -8 yrs. • Web application development (ASP.Net) - S yrs. • Windows application development (VB.Net) - S yrs. • Software ro[lauts --13 yrs. • Imaging Software {Kofax Imaging Toolk'rt, TM Sequoia Scann[ng Toolkit} -1 D yrs. • Database mpnagement (SQL Server 2gg8, Oracle 1 iJg, Sybese, D132) - 9 yrs. • Middleware development - 7 yrs. • Oi~jact Oriented Design - 8 yrs. • Integrated reporting - t3 yrs. • Custom reporting -13 yrs. • Provide tmplementatlon and maintenance-13 yrs. Infrastructure Design and Consulting Services Wright Communication Staff professionally performs and provides... • Relocation planning {requirements, discovery create budget far system infrastructure} s Ob}act-oriented methodologies • Outlined functional requirements template * Technology pmject planning • Create project scheduling • identify analysis, design, coding,. implementation,. maintenance. and business requirements • Conduct project meetings • Coordinate multiple vendors * Provide cutover coverage artd support • Contract reconcitiatian and cost control wr~ '11a:11ii~ Lbn~x~ir~icallcns & T~ecJwoin~y, ~ 4QOYlha-t~l~l ~'~91'~,~ 314 S~@I~~B7l Application Development Wright Communication staff ca.n tailor commeraal off-the-shelf (CATS} technology to meet strict functional and perfomrance requirements. We design, develop and maintain • We.b applications and sites using PHP, mySQL, SQL Sarver 2008, Oracle 90g, Access, Sybase 72 • Enterprise applications • W inflows applications • Reporting applicatione Standards PHP, Visual Studio .NET 200$, Microsoft COM/DCOM, XML, Crystal Reports Languages Visual t~asic.Net, C#, Delphi, HTML, DHTML, ,lavaScript, CSS, 'C*+, SQL Operating Systems Apache, Microsoft Windows Vista, Windows 2000, Windows XP, Windows NT, Macintosh, Unix, MTS, IIS, Transaction Server, SUN, Dec Alpha HP, IBM RS6d00, OS/2, Novetl Database Systems MySQi_, Orade 1 Og, SQL Server 2008, MS Access, MySQL, 5ybasa ~2s Informix, D82 Data Reporting Tovls Crystal Reports, MS DataReport Designers Oracle Developer IT Hardware and Software Wright Communication provides hardware and software from a wide variety of manufacturers. Cali WRIGHT COMMUNICATION; lot us provi'da you with a competitive quotation. Tha11Mr~t! $Taadndo,~,4~r 40~VVI~II~fLaialc~d ~61~1F~a. 33444 5~'[~T3~Bpr~ City of Delray Beach Weh Application Development Proposal Task Force Bulletin Board The information below- is a description of past pertorrnance and experiences that Wright Communications & Technology, Co (WCT). has provided to its clients. These experiences are comparable to the deliverables in the above request for quote. Also stated below,. is the approach on providing the proposed SeIV[Ces, and how each will be performed. Intern®t Development and Support Approach: This section describes the service-based development approach including the techniques used to specifying client applicafiions, integration, and generating glue code. If not available, WCT wiH prepare an architechire spec~ication and requirement specitlcation for each interface for the City of Delray. These specifications provide vital infamiat[on that is required to define the Intertace. We are required to provide an interface that is based solely on the knowledge of how the application is used rather than how it works. We know that the ease of use is one of the most important factors of-any piece of software. We design an application~spec~c interface that looks good and are practical and simple to use. No matter the level of complexity of the piece of software being designed, WCT engineers follow a strict process to control. all the stages ofi Software Design and Development. The process involves specific steps, including: • Requirements analys[s (Use Cases) • Design proposal (Object Oriented) • Software Development (PHP) • Database Management (mySQL) • User training • Upgrade and support strategies Alternate Approach: • Requirements analysis (Use Cases) ThaYiii~lCaer~r~cs~ons 8 T~dr~plr~y, Qo~ ~400YM~tAA~ntlc BIMd D~FayB~ad~, Fla 3344 5~'E8T3~1 • Design proposal (Object Oriented} • Software Development (MicrosaftAsp.Net} • Database Management (SQL Server 2005) • User training • Upgrade and support strategies All of these steps are milestones in which VIICT validates the proposed Software solution in its corresponding stage. Each step of this process is also extensively documented with the specitcations of the software modules being developed. Software Test and Installation Approach: Wright Cornmunications & Technology, Co. incorporates a Software Vast Plan (STP}that describes plans for qualification testing of Computer Software Configuration Items (CSCIs} and software systems, Et describes the software test environment to be used for the testing, identfies the tests to be performed, and provides schedules for test activities. These are the steps we follow: • Obtain requirements, functional design, and internal design specifications and other necessary documents • Obtain budge# and schedule requirements • Determine project related personnel and their responsibiti#ies, reporting requirements, required standards and processes (such as release processes, change processes, etc.) « Determine project context, relative to the existing quality culture of the arganiz~tian and business, and how it might impact testing scope, approaches, and methods. • Identify application's higher-risk aspects, set priorities, and determine scope and limitations of tests Determine test approaches and methods -unit, integration, functional, system, load, usability tests, etc. • Determine test environment requirements (hardware, software, communications, etc.) • Determine testware requirements (recardlplaybacktoois, coverage analyzers, test tracliing, prablemlbug tracking, etc.) • Determine test input data requirements VV~CT 7'he lAlri~~ Carrru~ i~ T~ Ca. ~~Ik~~ t~al~-Bead'y Fia ~i~57S~1 • Identify tasks, those responsible for tasks, and labor requirements • Set schedule estimates, timelines, milestones • Determine input equivalence classes, boundary value analyses. ennr classes • Prepare test plan document and have needed reviews/approvals Write test cases • Have needed reviews/inspection5fapprovals oftest cases • Prepare test. environment and testware, obtain needed user manualslreference documentslconfiguration guidesCnstallation guides., set up test tracking processes, set up logging and archiving processes, setup or obtain test input data • Obtain and install software releases • PerForm tests • Evaluate and report results • Track pmblemslbugs and fixes • Retest as needed • Maintain and updatd test plans,, test cases, test environment, and testware through Life cycle • Tested, proven, and experienced approach to software implementation • Minimized downtime through rigorous change control planning System Documentation Approach, Most businesses have inadequate or improper documentation on the systems that they have come to rely upon. This deficiency of .system documentation can have an adverse impact on the risk profile for the business and in regards to system maintenance, upgrades, and testing. WCT has developed abest-practice, process-driven methodology for IT system documentat'ran. Our systematic approach includes: • Scope: WCT begins the engageme'ht by meeting with Ci#y of Delray userslteam to document the scope and requirements far the. project. • Assessment: WCT does a full analysis to access current state and identify what documentation needs to be developed. Tf1~Y1b~Qonrf~kreiicls 8<'#a~r~dngy~ C~ 40DW~,At~t~Blud D~IBae~d'y FIB 33A44 • Estabilsh Standards: WCT's team of experts establishes standards for organizing and managing the documentation based on upon your speck needs. • Documentation: WCT will develop comprehensive documentation including diagrams.and process modeling. • lmp[ementation: V11CT will work with your team to itnpfement the docurtrnentatian and establish the necessary controls#ar upda#ing the documentation, The end result is customized, best practice system docx,mentatian that will provide best-in-class system main#enance and support. System ModulelSub-system Revisions Approach: An important problem in program development and maintenance is version control, i,e., the task of keeping a software system consisting of many versions aced ooni•<guratians wail organized. WCT uses software tool that assists with that task. WCT manages revisions ofi text documents, in particular source programs, documentation, and test data. We automates the storing, retrieval, logging and identification of revisions, and provides selection mechanisms for composing configurations. WCT also provides merging updates with the City of Delray modifications, for distributed software development, and far automatic identification. Identification is the 'stamping' of revisions and configurations with unique markers. These markers are akin to serial numbers, indicafing which configuration is before them. City of Delray New Bulletin board Application Approach: Web site documents small conform #o the approved technical specifications approved in the Joint Technical Architecture (JTA). in situations where World Wide Web Consortium (VV3C) recommendations ar proposed ~~ Th~YiM~rlCanrw~ti-~~s d~'Tiacfmolo~y, C~ 400tII~aetA~nAIcB~L taalr~yBa~y ps. 33~f4 ;9l9t~T3®GQ1 recommendations are more recent than those examined. by the JTA, our developers will use the W3C recommendations arproposed recommendations. Also, provide 5a8 compliance for Web sufaport In accordance with procedures and standarcJs approved by City of Delray. f ncorparation of non-standarld orbrowser-specific features into Web pages shall also be evaluated in light of the potential security risks and interoperability. Certain features have the capability of installing malicious programs on networks or on individual machines, if downloaded. The same~danger exists when downloading any executable Erie, which is why many organizations have a policy in place prohibiting, downloads of such files. In general terms! it is recommended that existing laical guidelines eonceming the downloadfinstal[atian of executable files should apply to any software that installs programs on networks ar individual machines. lJse ofnon-standard or browser specific features may exclude a portion of a Web site's audience, and should be avoided. Computer opera#ions are as follows but not limited to: • Operation of the Apache Web server environment. • install, configure and perform all aspects of database design, development, and. implementation of database architecture and methodologies. • Security of the Apache Web server environment. • Maintenance of access and security control features and ensuring. that warning and consent to monitoring notices are posted as appropriate. • Ensuring designated approving authority (DAA) approval is re- accomplished ifi any configuration changes arB~ made to the Web server environment. • Ensuring all 11nks from pages under its control 1s appropriate and valid. • Establishing procedures for content providers and page ma'':retainers to place information on the Web server. • Granting and monitoring write-access privileges. • Maintaining and evaluating audit control lags. • Gathering and analyzing performance data. • Developing, coordinating, publishing, maintaining, and testing support plans for contingency and service restoration. • Coordinating mirror or replication sites with other system administrators, as required. • implementing security anti access controls requested by content providers and page maintainers as required. w r~ The W~rE 8 T7ad~rfalq~„ Ca 400 WestNlrrrMki Bled D~/®ar+d4~ ~3~q4 ~#i"13d6~1 • Ensuring access lists are main#ained where appropriate. • Setup security measures with security offwer. BASf PERIOD: F1VE MONTHS FRO11~ DATE OFAWARD MONTH January-Review of design documents, edit and approval COST = 51400.00 February -Develop software that rnriil include a starting 'and s~tding data and time atnng with other information to restrict message pasting by the pubec and Task Farce Board members to cnlygre-scheduled meeting dates and times. Develop and test the custom madificatlans to the phpe6 Bulletin Board. Create Buser accounts for Task Force Board members with untque functionaNty to those users. Setup scheduled times far registered members to be aliawed to past during public meeting, Create administrative rights for Task Force Board members to view all posts in any given forum or view specltic posts made by Task Force Board members. Provide user friendly and easy access of all online discussions, meetings, and documents. C05T = 56000.00 March - Onsite tnstallatlon, and testing. Meet with security officer to make sure security policies are enforced. COST = 510D0.00 WCT The YIf~~E ~~o~ntrtnir~lia rrs a<Tq~~~ob~, Ca AQRYMestAtlar~lic~d ~Y Beady, FIB 3"JgA4 58t~i73~t' Aprll --Provide a, one hourtrafning session for the Green Task Force Board members. COST =125,00 May -Provide documentation regarding custom modifications impfemen#ed In manual form. Provide written documentation regarding necessary. changes for use with a dffFerent City agency. provide source code. Provide documentation explafning how software w111 work with other Open Source programs. COST = X625.00 TDTAL 915.00 Additiortxf work ar~dlor maintenance: ~125.t}Olhr. ~~ Tie N Canr~ & Tee~do~, Cam. 4GQYl~stAAnLL DeM'~yda~cC~R~ 33144 ~' Bit! Zimmerman - Department of Transportation (Tallahassee) 60S Suwannee Street Tallahassee, FL 32398 850-4'10~4B2 Stacy Koch - Departman# of Transportation (Jackaon~ille~ Idea Integration 1 Independen# Dr #206 Jacksonville, FL 322©2 oo~so-zTOo Tony Corso - JOP Consulting, Inc. 1881 N. University Dr Ste, 110 Coral Sprlrtgs, FL 954-236-2388 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: February 24, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 AQUIFER STORAGE AND RECOVERY WELL ITEM BEFORE COMMISSION Authorize the discharge of contaminated water from the Aquifer Storage and Recovery Well to the City's sanitary sewer system. The process will be performed for approximately four months at an estimated cost of $165,000.00 BACKGROUND To re-permit the ASR Well with Florida Department of Environmental Protection (FDEP), water quality data was collected for the purpose of Water Quality Characterization. The results from the characterization confirmed the presence of arsenic in the ASR Well in excess of the United States Environmental Protection Agency's Primary Drinking Water Standard. Bench-scale treatment evaluation indicated that the City's current treatment process could be used to treat the water from the ASR Well to bring the arsenic concentration to acceptable levels. In an effort to identify technical requirements and a potential course of action for re-permitting the well, the results of the geochemical characterization and the bench scale treatment evaluation were presented to FDEP and Palm Beach County Health Department (PBCHD). Both agencies preferred apre-treatment process for arsenic removal. Pre-treatment provides a level of safety that PBCHD is comfortable approving as contamination is removed before reaching the water plant. In December 2008, our consultant researched pre-treatment technology options that could be used to remove the arsenic concentrations prior to treatment at the Water Treatment Plant. Their findings revealed that options for wellhead removal were cost prohibitive, ranging from $4.4 to $13.1 million. The options involved technologies utilizing Granular Iron Media, Ion Exchange, Coagulation/Microfiltration, and Reverse Osmosis Membrane. As a final option, staff inquired if the contaminated water could be discharged directly to the City's sanitary sewer collection system and conveyed to the South Central Regional Wastewater Plant for treatment and disposal. At the planned pump rate of 1 million gallons per day (mgd), the arsenic entering the plant would be well below the local limit of 1.06mg/1 for wastewater discharge as set under City Ordinance, Section 53.051. SCRWTDB has indicated their acceptance of this method as have PBCHD and FDEP. Water monitoring will be ongoing to evaluate the effectiveness of the process and to ensure regulatory limits are met. To implement this process, staff estimates the cost at $165,000. The estimate is based on the following purchases and operating costs (with work performed by in-house forces): Direct Material Purchases: • $3,908- Variable Frequency Drive Motor; Purchase Order to K & M Electric Supply (low quote). • $10,979.78- Tapping sleeve, valve, pipe, fittings and Backflow preventer; HD Waterworks Supply (low quote). $525- 10" Tap; Purchase Order to Rangeline Tapping Services Inc (quotes not required). $1,200- Asphalt pavement repair (material); Community Asphalt, Inc. (per annual contract). Operational Costs: • $145,400- cost to discharge to wastewater plant for four months (lmgd x 122days x $1.1917/1,000ga1 SCRWTP charge); change order to SCRWWTDB Purchase Order #655800 in the amount of $145,400. FUNDING SOURCE Funding is available from account 441-5142-536-34.80, Water and Sewer Fund/Share Wastewater Treatment in the amount of $145,400 (after a budget transfer), and from 442-5178-536-46.90, Water and Sewer Renewal/Other Repair & Maintenance Costs in the amount of $16,700. RECOMMENDATION Staff recommends approval of expenditures not to exceed $165,000.00 related to the removal of arsenic contamination from the Aquifer Storage and Recovery Well (ASR), P/N 2003-014. 01f21/2089 16:10 5476738 K&M ELECTRIC PACE 02 IC & ~ ELECTRIC SUPPLY, II~C. AiUIEAA $Ekp~ (561) A42-4911 ,1uPITfR (55I) 7e7.3310 I_pKE MORTiI (561f Sq5-8146 ROYAL ~N.k BC.E{ f5b1) ]9g•54,',A PORT $T 6l~CEE (772) 3+(3-8/22 YERD 4ERCH (7721 i7ff-2712 QUOTATION AND CUSTQMER PURCHASE ORDER Date: Q1/21I09 Customer: 6676 p~LR+4Y BEACH, CITY OF 100 NW 1ST AVE DELRAY BEACH, FL 33444 Ship Date: 0112].109 Architect- - Engineer: 1 IPTION Page 1 of Z .lab Nara: VFD QUOTE Location: CITY QF DELRAY BEA H 434 SOUTH S~dINTON ~YENUE DELRAY BEACH FL 33444 Job/Quote hto.: ~I3*28350 Special Instructions: ,90~ub0tot~1E ~;~~8. Total Order 3,908. ABOVE ITEMS FOB ~.- - 1"HE ABOVE IS SUBJECT TO K ~ M ELECTRIC SUPPLY. INC. TERMS AND GQ~IpITIQNS OF SALE. [}IRECT SHIP'MEMS ARE E'.O.B. SNIPPING POINT, PREPAID ANt? ALLOWEb OR PREPAI[1 AND CHARGE. CUSTOMER IS RESPCINSIBLE FDR UNLa4DING AND RECEIVIr+fG OF MATERIAL. ?NIS QWTATIE~V IS PER OUR INTERPRETAtIQN AVAILABLE AT TIME OF QUOTE. I7 IS THE RESPLlNSIBILITY OF THE PURCWASER TD G03YE'IR~1 THIS BOM. GRANGES MAY RESULT IN PRICE INCREASE. iAtE 1~PE THAT. WE SHALL BE FAVORED MITH YOUR ORDER AND ASSURE YpU OF PROMPT ATTENTION. WHEN ORDERING PLEASE REFER 70 DUR .QUt)TE NUMBER l~BflVE. . ~rttten By: - Freddie Lit~1ejohr~ 01f20l2089 14:31 5516558814 EMOPB PACE 81f07 ELECTRIC MQTORS pF PALM BEACH, fNC. 729 BELVE©ERE ROAD WEST PALM BEACH, FL 33493 561-832-9233 561-858-8814 FAX CITY a~ ~~~.~~a~~~~cN ~IVATER [dTi~/Tf~S ATTl11: BR-~4N 1 ~~0-09 ~ ~~!} TECH ll~i4 ~'~d~4t~T5-~li~' ~'3,989.~U 751~iP ~~Q~ ~/F~ ~~$ aN1~S 1'RfC~E ~I i~CL [1~~~ FR,EEGHT FR~Jl1ll ~4 Tf~41 V'Ti4, G~1. W!'~FRE T'~f~Y!'-~~41/E f F4) ~N STACK. T~1~411f1C` Y~~! T~AII ~f1~G11VN~'S s~iav3- ~3yy UI/LU/lUU9 16: UL t''A~T Slil Ei1~3 5ri45 (~HAYHAL{ 1871 O!D OKEECFIOBEE ROAD WEST PALM f3E4CH irl. 334x9 Phones 661 f683-3801 Feu: 561-6$3-5&E5 ~I001/004 To: CITY OF DELRAY BEACHIDE5 Date: 0112Q12flt19 Boa NW tST AvE Praj Nafine: Attn: DELRAY si_nCH FL 33444 BRYAN GB Quote #: 2t~8139210 Phone: 661-243-7115 Vaud Fr4~,; 41I20i2009 Fax: Valhi Ta: (32/4 9i20U9 Email: Caa7tact: ANbfiEW BROWN Ertteil: andy. brown@gi•aybar, com PiropoSAl We Appreciate Yottr Hegt~ast end Take P(eastlre in f~espnodlttg fis Follows fterrt Quarto Su ier Catal Nix Descri tinn Prue Unit Ext.Price t40 1 LA SQUARfr D ATV77HD55N4 SPEED DR1ViE 55.94t].QQ 4 $5,g4p,00 COMPANY, 75iiP lNCORPORAT~D 460VATV77 . GB Part #: 25Q41422 UPC #k: 785168104 "Item Nt7te: `a • COIVSTAfiiT TORQUE DRIlTE. SEE ATTACHED TO f.1ktSURE THAT TFi1S WILL WORK FOR YOUR APPLICATION. 5igned• Dei~ery: FACTORY STOCK, fRE1GHT ALLUWED. Totat in US© {Tax net includedf: 55,94q,iJ(3 This equianene and associated invakauw, cfsargos may ee fina<+ttd for a lavr Q+a„gyky part tt+~ cirevber finanat Sarices 1s,6lecc m credit aprxwedr. Far mare FMOtmatltin ~ 1.800.241-7408 to apeek witi~ a teas;np aPst. To leant rreore athout Gtaybar. vEsit otrr rrebsics art www.grayber-coot Z4-How bst.rysncy FFtarts#: 1-80Q-tiiiAYSAti Sttyan to tte sa~e.ru lam. and t>ordtions art rartlt it Ida dsctrnant. Uitins ett~rrLa na.atrai.kt terms ars F.o.s. Pstr+t y.q:d and biM. urisw aotad ttr saenntrd ~+r pieta r.tl M Wtertafded r tAs tare d t=dar grorr,M,r- gage 2 of 2 - Run Date 2/25/09 HD SUPPLY WATERWORKS, LTD. ,~ CITY OF DELRAY BEACH HDSWW - W PALM BEACH FL 100 NW 1ST AVE .1101 W 17th Street 561.243.7301 Riviera Beach FL 33404 DELRAY BEACH FL 33444 Telephone: 561--848-4396 Telephone: 561- 243-7000 Fax: 561-845-7267 Fax: 561-243-7166 Attention: PAT GOODSON VIA FAX 1/23/09 Bid ID: 1988757 24X10 TAPPING VLV & SLV RSVD Page 1 Sell Net Extended Line Quantity Per Description Price Price 20 1 EA 452-2580-10 24X10 SS TAP SLV JCM 25.71-26.41 OD 30 2 EA 10 MJ 90 BEND (I) CP DI C153 40 8 EA 10 MEGALUG C900&TPS RED 2010PV 50 8 EA 10 MJ ACC GSKT&BOLTS SET L/GL (LESS GLAND) 60 2 EA 10 MJ 45 BEND (I) CP DI C153 70 1 EA AMES 10 4000-SS W/OSY VALVES 0690536 80 80 FT 10 0900 DR18 PR150 PIPE{G)BLUE 90 1 EA 10 F6114 MST RW TAP VLV OL ON L/ACC, GLOW 10fl 2 EA 10 MEGAFLANGE 2110 110 4 EA 10X1/$ FLG ACC NEOPR FF 316SS 120 2 EA 10 FLGXPE DI PIPE 8'0" C/L Subtotal.: Tax: Bid Total: 1,473.57 1,473.57 99.29 198.58 64.31 514.48 9.55 76.40 77.84 155.68 5,448.32 5,448.32 8.60 688.00 1,156.95 1,156.95 189.09 378.18 30.63 122.52 383.55 767.10 ~.0, 979.78 .00 10,979.78 ~~,~ RightFax 2/11/2009 3:40 PAGE 001/001 Fax server FEl-POMPAND BEACH WW #125 FERGUSON 1950 NW TBTH STREET Deliver To: Pnm ENTERPRISES, POMPANO BEACH, FL 33059-1394 From: Benjamin .7acohs INC. Comments: 15:3fl:12 FEB I 1 2009 Bid No.......: B t 2e47a Bid Date....: D 1123/D9 Quofed By-: BJ Cusfomei': CITY OF I~EI.RAY BEACH 100 NV4' 1ST AVI=NUE DELRAY BEACH, FL 33444 Cust PO#...: FERGUSON ENTERPRISES. INC. FEi-POMPANO BEACH, FL WtN #125 Price 6~uotation Phone :954-973-8100 Fax :964-917-313A Pcsrie # 1 Cult Phone: 5~ t-243-~ 130 FeTrrls........: NET 1DTH PROX Ship Td: CITY OF DELRAY BEACH lOC} NW 1ST AVENUE DELRAY BEACH, FL 33444 Job Name: 24x1D Item Description 62uanTlty SP-J4522580X10 24XI0 JCM452 SS 25.71-26.A1 TAP SLV 1 AFC251 DTMLAOI 10 MJ RW DI OL TAPN VLV I_(A 1 MJ41A10 10 MJ C15345 BEND L/A 2 MJ9LA10 10 MJ C15390 BEND L/A 2 F2DlOPV la MFGALUG F/ C900/IPS PVG 4 lMJBGPIO 10 MJ C 153 BOLT & GSKT PK L/ GLAND 4 W3750SY1 D 10 RPZ BFP W/ OS&Y GATE VLV 1 DR18P10 1D C900 DR18 PVC GJ PIPE 80 TFIIS INGLIJDFS FRFI(=HT PA.T I ~ T1.1F,1•iPlcia^~ ,F '."dL-i -t'+`.'E TIf~iE 1F`4' ~ r ~'Li I'r,i•.L? I ~ .`~f"d l lcl- .:N 1HE PRi~.;E5 Net Price UM Total 2222.22D EA 222222 1276.470 EA 1276.47 100.35D [A 200.70 108.000 EA 21b.QD 79.670 EA 3] 8.68 1205D EA 48.20 4765.640 EA 4765.64 8.17fl FT 653.c5~ Net Total: 9701.51 Tax: 0.00 Ta#al: 9701.51 C~uated prices are based upon receipt of the total quanllty for Immediate shlprnent <48 hours}. SHIPMENTS BEYOND 48 HOURS SBAI I BE AT THE PRICE IN EFFECT AT TIMI= OF SHIPMENT. Quotations are oT#ered contingent upon the Buyer's accep#ance of Seller's ferrns and conditions . Seller ohJ'ects to all other terms and conditions, Seller not responsible for delays or lack of product clue to causes beyond our control. Purchaser's sale warranties. if any. are those provided b~yy the manufacturer. SELLER DISCLA[MS ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OI MERCHANTABILfN AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. tN NO EVENT WILL SELLER BE LIABLE FOR ANY IhJCIDENTAL. PUNLfIVE. SPECIAL OR CONSEQUENTIAL L7AfJIAGES ARf51NG DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT. SELLER'S LIABLITY,IF ANY, SHALL BE LIMFfED IO THE NEi SALES PRICE RECEIVED BY SELLER. Complete Terrns and Conditions are available upon request or can he v€evded on the weh at vrww.ferguson.cam/sal P~-terms.html. ~~ /~ -' _~. ~r ~ y ~ -- ti / ~ / ®-- ftigh~F~.X 2/2s/20©~ 2,55 PAGE ool/Opi Fa~c server .g op~~±± FEI-POMPANO BEACH WW #125 FEI`L7VS'~N 1950 N1N 18TH BEREFT DeEiver ro: pAT E^NTERPRISES, POMPANO BEACH, FL330r59.1344 From: Benjamin Jacobs iN~.~ Comments: 14:45:32 EEB 23 2Q09 FERGUSON ENTERPRISES, INC. FEI-POMPANO BEACIi. F-L WW #I125 Price Quotation Phone :954-973-8100 Fax :954-917-3134 Poge ~ 1 Bid NO.......: B 128589 Bid Date....: X2/23/09 Quoted $ y . BJ CUSfOlT'}Q-; CITY OF DFI.RAV BEACH I O© l~iW 1ST AVENUE DELRAY BEACH, FL 33g4A Cost PO~`___: CUSJ` PhOnB: 561-243-7130 Terms........: NET 10TH PROx Shlp To: CITY OF DEI_RAV BEACH 1{70 NW ISTAVENUE DELRAY BEACH. FL 33444 .Eob Name: la° MAr~RIA~ Item Description 6luantify Net Price UM Total E21 10 FPPI(1X 10 MEGAFLANGE FLG ADPT 10 X S FT FLGXPI= PIPE 2 2 204.250 483.880 EA FA 808.50 967.76 Net Total: 1376.26 Tax: 0.00 Total: 1376.26 Quoted prices are based upon receipt of the total quantity for immediate sYtipment (48 hours), SHIPMENI5 61=YONU 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT. Quolaiions are offered coniingeni upon the Buyer's acceptance of Seller's lc:rms and conditions. Seller objects to all other terms and Condit€ons, Speller not rbesyponsible for delays or lack of product clue to causes OR IMPLIEDrWARRAN IFS INCLUDING ALL IMP 1L E~D VUAyIZRANTICSOF NiERCIdIANTABILImT`(aANd FITNESS OR RT1vDEISSSCFOR ~ PHRTICUR RED PURPOSE. IN NO EVENT WILL SELLER BE LIABLE FOR ANY [NC€DI=NTAL, PUNFfIVE,SPECIAL ORCONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM 7HE OPERATION OR USE OF THE PRODUCT. SELLER'S LIABLITY, IE ANY, SHALL BE LItJ~ITED TO THE f~ET SALES PRICE RECEIVED BY SELLER. Complete Terms and Condliions are available upon requesi or can be viewed on the vdeb ai www.ferguson.corr¢/sales-terms. html. Feb 23 09 02:19a Rangeline x6 1 7982 1 1 3 p.1 r ~ ~~r~ - stesr~~dm • ~etr~Nw February 23, 2049 City of Delray Beaclt Attn: Scott Fax: 561. -243-73fl 1 #~4 Cnolre eicr cxreliedce in Re: ASR in IJelray Beach; FL Rangeline Tapping Services, Inc. can perform the fatlowzng: I~ne 10" Tap on 24" DIl' fflr $525.dd. Please see the attached page for the ct~stamer's responsibility. A6ave costs da nat include office expense for extensive contract agreements. Certificates of insurance ~.vith car-tractar as a certificate bolder can be provided at no cast_ adding contractor as addztianal insuz~d ca~tnat be dosie unless we Dave a written contract with yaizr compan;T. Na reta.inage allo~~ed. Prices are based on t~oa~nal da~~time hours Monday tl~augh Friday. quotation is valid for 90 days. If you have any questions, please call our office at 800-346-5971. Please visit our website at ~ww.ran~eline,cam. Thank you for the opportunity to quote you. Co czy Vice President . I? C~. Box 210155 • I?oyaf Palm Beach, Fforida 33421 ~~~~ ~~: ~$oo~ ~4~-SS7~ • ~~~~: t~s~} ~98~2113 ,4,~~~P ~: ~~as,~~` ~.~d ~~~e~-~~e~ ~irsc,e g~?~~JF GiL:~~: Ling Stopping & Hot Tapping l~:ci~ding Lange Dizmeter P.C.C.P. a Pipe C~atiir.~ & Beveling ^ 1Vleciianical "J-aps Val~~e Installatio;~s ~ H}'c~•ant Installations ~ Service Conneciiotts ~ Qver45 Years Combined ls~:periez~ce 2~ Hour Emer~enc~= Se~-~-ice ~ License #CU-COS'T091 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: February 25, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 REQUEST FOR DIRECTION REGARDING THE BEACH EQUIPMENT RENTAL BID ITEM BEFORE COMMISSION Staff seeks direction concerning questions raised during the pre-bid meeting, held on February 11, 2009, regarding the Beach Equipment Rental Invitation to Bid. BACKGROUND On January 13, 2009 the Commission reviewed the Beach Equipment Rental bid at its workshop meeting and gave direction to staff regarding the bid. Shortly thereafter the bid was advertised and sent out as an invitation to bid. The bid provided for a mandatory pre-bid meeting to be held on February 11, 2009. That meeting was held and as a result of that meeting and questions that arose from the meeting, staff is seeking further direction from the Commission regarding this bid. The questions that were raised came from the "Bid Specifications" section of the bid and are listed below. Bid Specification paragraph (pages 15 - 18) C. Beach Equipment -Clarify what constitutes one piece D. Storage -Clarify what can be left on the beach E. Location of Equipment -Clarify the references to the beach F. Appearance of Premises -Clarify the reference to the trash receptacle H. Rates Charged for Beach Equipment -Clarify the rental rates J. Termination of Contract -Provide for a proration N. Additional Amenities -Clarify what we are looking for and clarify what is not allowed on the beach O. Special Events -Provide for a reduction of the annual fee if a special event stops them from operating On page 19, "Consideration for Award/Award Procedures 3. Financial Information -Clarify specifically what we are looking for. Also, there was a request that the points be reallocated to provide that more points be given for the concession fee and fewer points be allocated to the other sections, however, in order to make a change of this nature we would need to re-bid this RFP. A proposed addendum is attached, addressing paragraphs C, D, J and N in an attempt to clarify our bid specifications. I did not attempt to change any of the other items, where a question was raised, as it did not appear that further clarification could be provided or would be needed. I have also attached a copy of the Invitation to Bid. Also, just as a reminder, the Cone of Silence is still in effect. RECOMMENDATION Request direction from the City Commission regarding the Beach Equipment Rental bid questions and the proposed addendum. ADDENDUM TO RFP 2009-18 Under Specifications C. BEACH EQUIPMENT 1. At no time will more than two hundred fifty (251}) beach chairs, cabanas, umbrellas, and windbreakerslclamshells be permitted on the beach. The two hundred-fifty (250) total includes equipment for Atlantic Dunes. The unit of measure for the beach equipment is as follows: One unit - umbrella with 1 or 2 chairsllounge chairs - cabana shell with 1 or 2 chairsllounge chairs - umbrella or cabana shell and lounge platform with cushions - set of 2 chairs or loun a chairs or 1 latform with cushions no umbrella or cabana shell) 2. The Bidder shall not interfere with private owner's use of their equipment on the beach. 3. The Bidder shall exercise reasonable care to avoid damage to City Property, including dune, vegetation, and sand fence. Any facility needed for equipment storage must first be approved by the City. D. STORAGE No equipment shall be left upon the public beach, except as set forth below. after the hour of 8:00 PM on any day; provided, however, that cabanas do not have to be removed except if hurricane warnings are issued for areas which include all or a parkion of the City of Delray Beach, Florida area by the Hurricane Advisory Center of the United States Weather Bureau in Miami, Florida. Thereby, the Bidder shall immediately cause all equipment, including cabanas to be removed from the public beach and stored in safe manner elsewhere; equipment shall not be returned to the beach as long as said hurricane warnings remain in effect, and until permission is granted by the Parks Director. Cabana's (shells and platforms} may remain on the beach in their normal place without havin to be relocated to the back of beach each da exce tin the event of hurricane warnin s as described above }, all other equipment, (chairs, umbrellas,. cushions, etc.) must be stored at the back of the beach by 8:00 PM on each day. The Bidder shall also be required to comply with DEP requirements regarding the storage of beach equipment during turtle nesting season. The contact information for DEP may be obtained from the Citv's Purchasing Manager. J. TERMINATION OF CONTRACT Failure of either party to comply with the provisions of the contract shalt cause the contract to be voidable upon twenty (20) days written notice to the other party; provided that the City may terminate the contract upon thirty (34) days written notice with or without cause and in the sole discretion of the City. In the event the City terminates the contract without cause, it shall refund the prorated amount, if anv, that was paid for the uq attar. The successful Bidder agrees to remove any of its equipment used in connection with the contract upon demand of the City Manager or hislher designee. Such removal shall suspend the Bidder's obligation to pay the required monthly fee in an amount proportionate to the number of days during which the removal is required. Any removal required by the City which is in excess of twenty (20} days shall be deemed anon-compliance, and the Bidder may exercise the provisions stated in the above paragraph. N. ADDITIONAL AMENITIES The Bidder agrees to provide additional amenities to the City as provided in the proposal section of this RFP and as approved by the City. Additional amenities are can be agreements with hotels for amenity charge plans, amenities directly related to and used in conjunction with the beach equipment that a person can charge to their hotellmotel room, towel rentals, and the ability to receive credit cards as payment where each attendant has the ability to give the customer a receipt that does not require the attendant or another Bidder employee to leave the beach. Additional amenities shall not include the sale or dispensing of food, beverages, sun blocks, suntan products,. clothing, other retail items, rental or sale of watercraft, floats, snorkeling gear or any other items that may be used in the water or for recreation on the beach or any activity that would limit public use of the beach. The additional amenities must comply with all City rules, policies, ordinances and Comprehensive Plan. The City reserves the right, in its sole discretion, to require the Bidder to discontinue any or all of the additional amenities at any time during the agreement period, upon receiving 30 days written notice from the City. All proposed additional amenities are subject to approval by the City and the City may or may not accept the additional amenities, in its sole discretion. A proposed additional amenities plan shall be provided in the technical proposal section of this ITB. CITY OF DELRAY BEACH INVITATION TO BID PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243-7161 17163 RFP N0.2009-18 DATE: January 30.2flfl9 TITLE: INVITATION TO BID -BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH B1D5 MUST BE RECEIVED ON OR BEFORB; March 4, 2009 @ 2;00 P.M. at which time all bids will be publicly opened and read. Invitation to Bld PURPOSE: It fs the purpose and intent of this Invitation to secure bids for items} andlor services as listed herein far the City of Delray Beach, Florida, hereinafter called the CITY. A MANDATORY PRE-BID CONFERENCE has been scheduled for Wednesday, February 11 at 10:DD A,M, located at City HaII - f` Floor Conference Room, 1D0 N.W. 1~ Avenue, Delray Beach, FL 33444. All interested bidders are required to attend and may ask questions. SEALED B[DS: Sealed bidslproposals will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of ernelope sha[! plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1)_ORIGINAL AND TWO l21 COPIES OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, ~e bidder will allow a minimum of sixty (fi0} days from the last date for receiving of bids for acceptance of its bid by the City Manager andlor City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, andlor to accept bids that in its judgment will be far the best interest of the City, as further stated in Paragraph 12 of the General Conditions. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS '[. SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shad be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by hismer signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. IVa guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may ar may not be purchased from any resulting contracts. These quantities are for bidders' information only and wilt be used for tabulation and presentation of bid. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (fiQ) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. Incase of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to the bidder offering firm prices subject to market price reduction and second to the bidder offering firm prices for ful! contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items andlar services at prices less than our contract price, the successful bidder shall meet these prices. and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract an the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained an the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost #or bid. evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. RFP N0.2009-I8 Z 4. QUALITY: Ap materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 5. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 6. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights ar patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all [lability, loss, ar expense occasioned by any such violation. 7. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment,. machinery, electrical appliances, cords and appara#us shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting ftom his aperatians. The awarded bidder shall also secure the work site before leaving at the end of each working day. 13. MANUFACTURI*R'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of ail Statements made in the proposal. 9. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager andlor City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 10. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City stricture(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits far all other work. B. LICENSES: If you are not licensed to perform work in the -City of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A , VII or better. If you have any questions regarding the City's Insurance andlor Bond requirements, please contact the City's Risk Management Office a# (567 } 243-7150. 19. SPECIFICATIONS: RFP N0.2009-18 A. For purposes of evaluation, bidder must indicate any variances from our specifications andlor- conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product ar service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the materiallservice from use as specified will not relieve the bidder from responsibility. 12. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities andlor in'egularities, and to negotiate contract terms with -the Successful Bidder, and the right to disregard ail non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units ofi Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favorof the correct sum. 13. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State andlor Federal Government. Exemption certificates certified an request. State Sales Tax Exemption Certificate No. 85-8~12621559C-4 appears on each purchase order.. 14. FAILURE TO BID: If you do not bid, return "Statement of Na Bid Form" and state reason, Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. 15. EXCEPTIONS TO CONDITIONS, 1 THRU 14 (Boller Plate} Any time Bid Specifications differ from the General Conditions, the Bid Specifications and Special Provisions will prevail. 15. ANTI-COLLUSION: A. Bidder certifies that this bid iS made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials,. services, supplies, ar equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list {s}. 17. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services tb which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Deiray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5} or more in the bidder's firm or any of it's branches. RFP N0.2009-18 4 18. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants far employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to al! subcontractors and it is the responsibility of the subcontractors to be in compliance. 19. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as e contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 5 RFP N0.2009-18 STANDARD FORM OF AGREEMENT BETWEEN CITY AND FOR BEACH EQUIPMENT RENTAL CONCESSION RFP #2009-i8 THIS AGREEMENT made this day of OF DELRAY BEACH (hereinafter called CITY) and called B[DDER). WITNESSETH: (hereinafter The CITY and the BIDDER in consideration of the mutual covenants hereinaf#er set forth, agree as follows: 1. The undersigned BIDDER hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The BIDDER, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The BIDDER further acknowledges that the bid price includes all casts and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the BIDDER include the fallowing documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1.5 Standard Farm of Agreement 6-10 Insurance Requirements 11 Sample Insurance Form 12.13 Drug Free Work Place Certification 14 Bid Specifications 15_19 Proposal (Schedule of Pricing) 20 Technical Proposal 21 Questionnaire ~ Cone of Silence 2$ Bid Signature Form 24 Statement of No Bid 25 References 26 Addenda numbers to ,inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shat[ commence on the date set forth in the Bid Specifications. 6. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising oat of this agreement shall be Palm Beach County, >=lorida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 3344 As to BIDDER: 20_, by and between the CITY 6 RFP NQ. 2004-18 7. The BIDDER shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the BIDDER shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the BIDDER each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.Q0) and other valuable consideration, the BIDDER shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY}, recklessness or intentional wrongful misconduct of the BIDDER and any persons employed or utilized by the BIDDER in the perfom~ance of this Request for Proposal. BIDDER agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited ta, use of any improper materials or liabilities, damages, fosses or costs caused by or on account of the use of any improper materials. BIDDER agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the BIDDER, his subcontractors, agents, servants or employees. BIDDER further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs far any invention ar patent, and. from any and all suits and actions tha# may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the BIDDER to defend at his awn expense or to provide far such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result ftom the operations and activities under this Contract whether the work be performed by the BIDDER, his subcontractor ar by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attamey's fees and costs at trial and appellate levels. The CITY will pay to the BIDDER the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the BIDDER acknowledges that the bid price includes said consideration for the indemnification provision.. 10. This Agreement shall be considered null and void unless signed by both the BIDDER and the- CITY. 11. The contract documents constitute the entire agreement between the CITY and the BIDDER and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREQF, the parties hereto have executed this Agreement,. the day and. year first above written. 7 RI+1' N0.2009-18 ATTEST: City Clerk Approved as to form: City Attorney WITNESS: (Print or type name} CI"fY OF D~LRAY BEACH, FLORIDA By: Rita Ellis, Mayor B[DDER: BY: (Pririt or type name and title} RFP N0.2009-18 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of The foregoing instrument was acknowledged before me this day of 20 , by (name of officer or agent, title of officer or agent}, of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (ar has produced identification) and has used hislher (type of identifieatian} as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped 9 RFP N0.2009-18 CERTIFIGATE (If Corporation) STATE OF F!_ORIDA COUNTY OF } SS I HEREBY CERTIFY that a meeting of the Board of Directors of_ a corporation under the Paws of the State of passed and adopted: held on , 20_, the following resolution was duly "RESOLVED", that , as President of the corporation, helshe is hereby authprized to execute the Agreement dated 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the ofFcial act and deed of this corporation". further certify that said resolution is now in full force and effect. IN WITNESS Wlil"REOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_. {Secretary} (Seal.) 10 It)'P N0.20a9-18 INSURANCE RE UlREMENTS A. B. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1 } to {4) inclusive below. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation -Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the- policy must include Employer's Liability with Statutory limits of $100,0001$500,000!$100,000. 2. Comprehensive General Liability -Coverage must be afforded on a farm no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $1,000,000. per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b} Premises andlor Operations. c) Independent Contractors. d) Products andlor Completed Operations. e) No exclusion for Underground, Explosion ar Collapse hazards.. 3. Business Auto Polic -Coverage must be afforded on a form no mare restrictive than the latest edition of the Business Auto Policy fled by the Insurance Service Office and must include: a} Minimum Limits of $1,000,000. per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 3. Certificate of Insurance - Certifcates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of Insurance shall not only name the types of,_policies provided but shall also refer s ecifcall to this bid and section and the above ara ra hs in accordance with which such insurance is bein furnished and shall state that such insurance is required by such naraaraahs of this contract. The successful bidder will include the City of Delray Beach as additional Insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certifcation the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "sample of Insurance Certificate". RFP N0.20U9-18 I I ~,. C~RT'IFICAT~ QF IJaBlL1TYlN3URANC~ auwera~ac LI ooaw wrrKrno N.tow~µaAee wwa~aor This esrti~icare i.s issued ea requ3.rsed by Contract... (idGntitp contrast). Certificere boldor 3a d as sun s-dditivses~, iaeursd. C1T1f CL' t~ELRAY SgACF! CITY HALL 1p0 NW to AYlUNE DBLRAY BEACIi. FL 8~I4 ~~ sousu~wroFna~roy.nrr~uaro~a~sa9rKmeun war ~ axcM~uro ~M MiLL..o~ro.,o 1ML .~, wger+wtnw rvMw m~ wxa+o~~wi.oiauuw~oroa~ru.ysvrrss~sa raoo~.~s r~rv~ Mo oe ~wiurorewnoawoer~s ewssins oR 12 RFP N0.2009-18 POLICY NUMEcER: CQMMf;RCfAE. 4EHERi1t, lyIA~EUI'Y CO 20 28 0~' 04 TH15 EH#~ORSEMENT C1~Al~IC3E5 THE ~'01.[CY. PLEASE R,U~~] ~' CARiwF43[.1_Y. ~a~rT~a~u,~~ ~NSU~~~ -~ ~~S~~N~-rE~ PERSON ~R URCANt~A7fC?N 'Fftfs tindvcsem~ec~t modt~a ies~aance prorided under ihs fdlow~ng: .ca~~a~cuu. c~~At. ua~iunr co~ac~ ~ARr scHr=n~x.r; ' . ~~~a~~aKr u the ce+~~CeEs tcatder 4s act ,wemowu. W~1(~i7+ ~ pWboy~~es) cnusl ba endccsad. A ~t «, t~ car~ta dose rcotcar+terrt~~ fc the X19 twtdaln ~w o+'s~ ~~#~). :< su~~oc~an~ ~s w~Iv~a ~t~ m ~ tam ecxf aara~tdocu at n>a ~-, ~+ mar ' en endarsean+M. A slalemectt ass IhZs ~a 6aa~ lint oor~fer cigstt$ tQ the cerQltcats itttlde[ fn Na.~t of sccdt ahdacamnced(e~. D{SCRA~R 'til i~erthiceia of frmcrettce t1p the cevatee aide of tttie fcmt doss bot ~ a coma te~kaece Ihs Ins~dng 6~$~ eWtacized t!epresacctadtre or pcud~. attd ~ e~e +coider, nar dveac ft +~ ar ccepa~sly aMd+Q wand or advr t['er c~'aQe ~ b!- the Ragatea ttstad tharewt (BACK) ~,~ I3 Svct~on if -- Ylfha fs M ~wnd~~ a~ndacf fc Gr ~ . es rtu addl~l d Ehe poraccl{~ warysnF DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendor who submits a certification with their bidlpropasal certifying they have adrug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if Done of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1 } This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm infiorms employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a .drug-free workplace, any available drug counseling, rehabilitation., and employee assistance programs, and the penalties that may be imposed upon employees far drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (~ ), this firm notifies the employees that, as a condition of working an the commodities ar contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contend ere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five {5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation 'in a drug abuse assistance or rehabilitation program if such is available in the employee's community, ~y any employee who is so convicted. 6} This firm will continue to make a good faith effort to maintain adrug-free workplace through implementation of this section. Contractor's Name Signature 14 RFP N0.2009-18 CITY OF DELRAY BEACH BID #2009-18 BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH RFP SPECIFICATIDNS A. PURPOSE The City of Delray Beach, Florida {City) is seeking bids from qualified firms, hereinafter referred to as the Bidder, to provide a beach equipment rental concession for the City's municipal beach, in accordance with the terms, conditions, and specifrcatians contained in this Invitation to Bid (ITB). It is the intent of the City to award a .single Contract to the first ranked bidder responding to this ITB. B. TERM OF CONTRACT The contract term shall be for a period of three {3) years beginning on May 7, 2009, and expiring on April 30, .2012. Renewal period, if approved by the City, shall be for one additional three {3) year period. C. BEACH EQUIPMENT 1. At no time will more than two hundred fifty (250) beach chairs, cabanas, umbrellas, and windbreakers/ciamshells be permitted on the beach. The two hundred-fifty (250) total includes equipment far Atlantic Dunes. 2. The Bidder shall not interfere with private owner's use of their equipment on the beach. 3. The Bidder shall exercise reasonable care to avoid damage to City Property, including dune, vegetation, and sand fence. Any facility needed for equipment storage must first be approved by the City. D. STORAGE No equipment shall be left upon the public beach after the hour of 8:00 PM on any day; provided, however, that cabanas do not have to be removed except if hurricane warnings ate issued for areas which include all or a portion of the City of Delray Beach, Florida area by the Hurricane Advisory Center of the United States Weather Bureau in Miami, Florida. Thereby, the Bidder shall immediately cause all equipment, including cabanas to be removed from the public beach and stored in safe manner elsewhere; equipment shall not be returned to the beach as long as said hurricane warnings remain in effect, and until permission is granted by the Parks Director. Cabana's (shells and platforms) may remain on the beach (must be in compliance with DEP guidelines during sea turtle nesting season), all other equipment, (chairs, umbrellas, cushions, etc:) must be stored at the back of the beach by 8:00 PM on each day. E. LOCATION OF EQUPMENT Service is to be provided within the boundaries of the municipal beach {Casuarina Road north to Beach Drive and at Atlantic Dunes Park). At this time, cabanas, chairs and umbrellas are located beachside from Casuarina Road north up through Vista Del Mar Drive. The Bidder shall be subject to the direction of the Parks Director and City lifeguards with respect to the location of beach equipment and the area in which the equipment may be located. No equipment is tv be placed in front of beach access pathways; egress should be a minimum of fifty (50) feet wide. Additionally, in front of each lifeguard tower, an egress of sixty (60) feet wide shall be maintained, with no equipment within fifty (50) feet of any lifeguard tower. The Bidder may place no more than two (2) rows of equipment (cabana's, umbrellas, and. chairs) at any given time on the beach. 15 RFP N0.2009-18 F. APPI~#RANCE OF PREMISES The Bidder shall be responsible to have a neat, clean and orderly operation at all times and is responsible for maintaining that condition during operating hours within art area of 9Qp feet of the concession site. Bidder shall rake the area and remove all debris as needed to maintain a neat and clean operation. Bidder shall cooperate with City staff, and set-up and break down of rental equipment shall not interfere with City beach maintenance operations. If a public receptacle is not readily accessible to the Concession Area, the bidder shall provide a trash receptacle of no larger than 73 gallons. The Bidder is responsible for the removal ofi receptacle and contents daily. The City shall have the final approval on the design, type and location of such receptacle. G. EMPLOYEE QUALIFICATIONS AND APPEARANCE During all hours of operation, Bidder shall maintain adequate on-duty personnel to comply with all term's and conditions of this Contract. A minimum of one (1) stafflconcession personnel member shall be stationed at each Concession Area whom may serve as the equipment attendant. The Bidder shall employ workers to service this operation who are literate, neat, clean, well groomed and courteous. An experienced manager shall be present to oversee the daily operation of this concession and with the full authority to direct the operation and immediately take all corrective action required to correct erroneous procedures and insure complete and continuous compliance with requirements and specifications of Contract at all times while the Concession is in operation. "Hawking" to attract attention andlor summoning or accosting any person is prohibited. The playing of music, or allowing other activity that disturbs the public is prohibited. All Bidder employees shall wear a City approved identification nametag to be provided at the Bidder's sole cost and expense. Additional information will be forthcoming from the City with regard to the nametag type and style. The City anticipates that all beach concession personnel will be in a standardized uniform. The uniform will be in accordance with specifications as approved by the City. H. RATES CHARGED FOR BEACH EQUIPMENT All rental rates for beach umbrellas, chairs., cabanas and similar beach equipment shall be approved by the City Manager. Any increase in rental rates must have prior approval of the City Manager or his designee. Alf rentals of equipment shall include at a minimum a one half day- ('/z) and full-day rental rate. The Bidder shall furnish to the City a schedule of rental charges on all equipment. The rental schedule shall be posted in a conspicuous place at the public beach, in a form and location approved by the City Manager or his designee. Ib xiFis N0.2()U9-1$ LICENSES The Bidder shall maintain a valid yearly City Occupational License. Bidder shall make application for, and obtain at its own expense all necessary permits from any governmental entity or agency requiring such. Bidder specifically agrees to obtain the necessary permits, if any, from the Division of Beaches and Shores of the Department of Ernironmental Pro#ection, State of Florida. Any permits and the expense of attaining such shall be at no cost to the City of Delray Beach. J. TERMINATION OF CONTRACT Failure of either party to comply with the provisions of the contract shall cause the contract to be voidable upon twenty {20} days written notice to the other party; provided that the City may terminate the contract upon thirty (30} days written notice with or without cause and in the sole discretion of the City. The successful Bidder agrees to remove any of its equipment used in connection with the contract upon demand of the City Manager or hislher designee. Such removal shall suspend the Bidder's obligation to pay the required monthly fee in an amount proportionate to the number of days during which the removal is required. Any removal required by the City which is in excess of twenty {20} days shall be deemed anon-compliance, and the Bidder may exercise the provisions stated in the above paragraph. K. PUBLIC ENTITY CRIMES A person ar affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of an public building or public work, may no submit bids on leases. of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two far a period of Thirty-six {36} months from the date of being placed an the convicted vendor list. L, CONCESSION FEE PAYMENTS The Bidder shall pay to the City a fixed annual concession fee quarterly in advance, based on that amount submitted in the Technical Proposal Section of this !TB and accepted by the City. The initial quarterly payment shall be paid within seven {7) working days after notification by the City, of its award of this Contract. Payments are due seven {7) working days prior to the commencement of each quarter thereafter. All payments shall be submitted to the City Finance )department. M. BIDDER MINIMUM FEES The City intends to award a single Contract far the rental of beach equipment. Minimum acceptable annual concession fee: Year 1 $120,OOOA0 Year 2 $120,000.00 Year 3 $120,000.00 The above is the minimum acceptable fee. t7 RFP N0.2009-1 S For every increment of $5,000 over the three (3) year aggregate of $360,000 guaranteed minimum, one point will be awarded to the bidder up to a maximum of 30 points. N. ADDITIONAL AMENITIES The Bidder agrees to provide additional amenities to the City as provided in the proposal section of this RFP and as approved by the City. Additional amenities are agreements with hotels for amenity charge plans, amenities directly related to and used in conjunction with the beach equipment, towel rentals, and the ability to receive credit cards as payment where each attendant has the ability to give the customer a receipt that does not require the attendant or another Bidder employee to leave the beach. Additional amenities sha11 not include the sale or dispensing of food, beverages, sun blocks, suntan products, clothing, other retail items, rental or sale of watercraft, floats, snorkeling .gear or any other items that may be used in the water or for recreation on the beach ar any activity that would limit public use of the beach. The additional amenities must comply with all City rules, policies, ordinances and Comprehensive Plan. The City reserves the right, in its sole discretion,. to require the Bidder to discontinue any or all of the additiona[ amenities at any time during the agreement period, upon receiving 30 days written notice from the City. AI[ proposed additional amenities are subject to approval by the City and the City may or may not accept the additional amenities, in its sole discretion. A proposed additional amenities plan shall be provided in the technical proposal section of this ITB. O. SPECIAL EVENTS The City will hold sponsored and cosponsored events and activities on the beach from Time to time. In such cases, the City may request that the Bidder cease and desist operations during the term of, and in the area of the special event andlor production,. and the Bidder shal] cease and desist during said term. If the Bidder is not required to close, or chooses to remain open without interference to the special event andlor production, Bidder agrees to cooperate with the City. During such events, the Bidder may be allowed to continue operations or be assigned a temporary location elsewhere within close proximity of the original assigned site. During the event, the Bidder has the option of operating hislher equipment from the temporary site or stopping operations until the event is over, The City reserves the right to allow other rental of concessions to operate upon the original assigned site or in close proximity to that site during special events as may be approved by the City. P. MISCELLANEOUS The City grants exclusive right to the Bidder for the services requested in this Invitation to Bid. The successful Bidder may not subcontract, transfer or assign any porkion of the contract except with the express written approva[ of the City, itFP N0.2009-18 18 CONSIDERATION FOR AWARDIAWARD PROCEDURES The award of the Contract will be based. on certain objective and subjective considerations listed below: Understanding of the overall needs of the City as presented in the proposed plan, including, but oat limited to, equipment, management and staffing, implementation schedule, operational plan, rental rates, proposed equipment, storage plan, marketing plan, hurricane plan, etc. Maximum Points Available: 20 points 2. Experience, qualifications, and references of the proposing firm. Maximum Points Available: 15 points 3. Proposing Firm company financial Information. Maximum Points Available: 10 points 4. Proposed plan for management, staffing and operation of concession under this Contract. Maximum Paints Available: 10 paints 5. Additional Amenities Plan.. Maximum Points Available: 15 points 6. Total three (3) year revenue above guaranteed minimum concession fees proposed. Maximum Points Available: 30 points The evaluation of bids will be conducted by a committee of qualifed City staff, or other persons selected by the City. The committee will evaluate all responsive bids based upon the information and references contained within the bids as submitted and scare and rank all responsive bids. The first ranked bidder resulting from this process will be recommended to the City Commission for award. Information and. references submitted will be considered in the award. The City may require visits to customer installations or demonstrations of product by Bidders as part of the evaluation process. The City may require additional information and Bidders agree to furnish such information. The City reserves the right to award the Contract to that Bidder who will best serve the interest of the City. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all bids. The City also reserves the right to waive minor in'egularities or variations to the specifications and in the bidding process. 19 RFP NO.2009-18 RFP N0.2009-1$ BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH-REBID SCHEDULE OF PRICING PART I: PROPOSAL YearOne: Annuai concession fee: Year Two• Annual concession fee: Year Three: Annual concession fee: {minimum acceptable $120,000) (minimum acceptable $120,000) {minimum acceptable $120,000) Total three {31 near annual concession fee; $ NOTE: APPLICABLE FLORIDA STATE SALES TAXES SHALL BE ADDED TO THE ABOVE LISTED ANNUAL CONCESSION FEE. 20 [2PP N0.2009-18 PART Il - TECHNEGAL PROPOSAL The following issues should be fully responded to in your proposal in concise narrative form. Additional sheets should be used, but they should reference each issue and be presented in the same order. Understanding of the City's needs for the concession and your overall approach to those needs. II. Your proposed operational plan, including: Storage plan including an-site and off-site storage and any vehicle usage Hurricane preparedness levacuation plan Management and staffing plan Beach maintenance plan of Concession Area{s} Method proposed to anchor umbrellas, and windbreakerlclamshells Additional amenities plan Any other information you feel will assist the City in evaluating your bid III. Provide in your proposal the type of equipment that you plan to provide for rental including specifications. Photos or brochures of the equipment will be helpful in evaluation. IV. List your proposed rental rates for each contract year. Describe equipment and list proposed rates for an hour, more than an hour, half day, full day and any o#her rental arrangements. RFP N0.2049-18 21 PART III -QUESTIONNAIRE How many calendar days from award of Contract would you need prior to initiating operations? 2. Number of years experience the bidder has had in providing similar services? 3. List those persons who will have a management or senior position working with the City if you are awarded the Contract. List name, title or position and duties. A resume or summary of experience and qualifications must accompany your proposal. 4. List all contracts currently held for providing similar services. Provide agency name, address, telephone number, contact person and date contract expires. If services provided differs from the one presented in your proposal, please delineate such differences. 5. List clients for whom you have provided similar services in the last three years. Provide agency name, address, telephone number, contact person, and date service was provided. If services provided differs from the one presented in your bid, please delineate such differences. B. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with mare than ten percent (~ Q%) interest. a. List all pending lawsuits which are concerned directly with the. stafff or part of your organization proposed for the Contract. b. List all judgments from lawsuits in the last 5 years which are concemed directly with the staff or part of your organization proposed for the Contract. 7 Attach a Balance Sheet and Statement of Profit and Loss of the proposing- firm from the preceding calendar or fiscal year, certified by either an appropriate Corporate Officer, or an independent Certified Public Accountant. If the bidder is a privately held corporation, provide such records, for City review, at a time and place convenient to the City, will satisfy this requirement, The bidder understands that the information contained in these Bid Documents is to be retied upon by the City in awarding the proposed Contract, and such information is warranted by the bidder to be true. The bidder agrees to furnish such additional information, prior to acceptance of any bid, relating to the qualifications of the bidder, as may be required by the City. ~~ #zoo9-ig 2z RFP N0.2009-18 BEACH EQUIPMENT RENTAL CONCESSION RFOR THE PUBLICLY OWNED BEACH- REBfD CONE OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate wi#h any City Commissioner, or any City employee,. other than the City employees located in the Purchasing Department, regarding its bid, i.e., a °Cone of Silence". The "Cone of Silence" is in effect from the dateltime that the bid is placed on "Demandsta~' by the Ciry. The "Cone of Silence" will terminate upon the bid opening. However. bidders may communicate with Citv employees who are present at the mandatory ore-bid meeting. during the actual._.pre-bid meeting. Once the nre-bid- meeting is over. bidders rnav only communicate with employees of the Purchasing Division. RFP #2Q09-T 8 23 RFP SIGNATURE FORM ~` PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) RFP #:2009-98 DFLRAX BEACH s i AAo~~s i o~~//...~ 1993 2001 Openingr Date: Wednesday 04, 2009 BID TITLE: Beach Equipment Rental for the Publicly Owned Beach-Rebid COMPANY NAME. DATE: NAMFJTlTLE: ADDRESS: CITY FEDERAL TAX 1.D. #: TELEPHONE: FACSlM1LE EMAIL ADDRESS: ( 1 STATE ZlP CODE ~~ *SlGNA TURF VENDOR SERV[CE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: TELEPHONE: ~) RFP #2009-18 24 EMAIL ADDRESS: DElRAY BEACH F a o ^ i o w STATEMENT OF NO-BID aii-~m~ri~acitlr r 799 2pOti RFP #ZQ09-1$ Beach Equipment Rental Conc®ssion for the Publicly Owned Beach- Rebid If you are not bidding on this servicelcommodity, please complete and return this form to: City of Delray Beach Purchasing Office, 100 NW 1st Avenue, Delray Beach, FL 33444 or fax to (fifi1) 243-71 fib. Failure to respond may result In deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. 'i COMPANY NAME: ADDRESS: CITY: STATE: TELEPHONE: ( .) SIGNATURE: DATE: Minority Owned Business: Z[P: ( }Black ( }Hispanic ( )Woman { )Other {Specify) We, the undersigned have declined to bid on your RFP # 2009-18 For: Beach Equipment Rental Concession for the Publicly Owned Beach-Rebid Specifications too "tight", i.e. geared toward brand or manufacturer only (explain below) insufficient time to respond to the Imitation to Bid Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements We do not offer this product ar an equivalent Specifications unclear (explain below) Other (specify below) REMARKS: ItFP #2Q09-18 25 REFERENCES -RFP #200918 COMPANY NAME: ADDRESS: CITY: STATE: Z1P: CONTACT PERSON: PHONE NUMBER: •sasaawsfasssasaassusssa~asssaasrussf ssffaaafaaaaaafara~ ssu sasaasssasssasssssassassauasssfsssf+faraasaaaa aria sasssassasss• COMPANY NAME: ADDRESS: CITY: CONTACT PERSON: PHONE NUMBER: STATE: ZIP: •l•aHaaaaaaaaaNafffffffaaaafaffNffaaafafaffaaaNaaafaaaa'afafaf•^aaaf•aafaaffaffafafafaaaaaafas~laafaaaaaaaaaaaNifafffr~aaa• COMPANY NAME: ADDRESS: CITY: STATE: ZIP: CONTACT PERSON: PHONE NUMBER: •gaafaff••aaaaaauaaaaaaf faaa~ufafaaaaffaasafaaaaaaaaaff•Naaafaaafaaaf••apffaafhfaaaffaaaaaa••f ufa••uafaaaaaaasaaauaa• COMPANY NAME: ADDRESS: CITY: STATE: CONTACT PERSON: PHONE NUMBER: ZIP: ................................................,...............,.....a,...........a.................a...................a..... RFP #2009-18 2G MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 27, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 AGREEMENT/LANGTON ASSOCIATES, INCJGRANT WRITING ITEM BEFORE COMMISSION The item before the Commission is a proposed agreement with Langton Associates for grant consulting services related to American Recovery and Reinvestment Act (ARRA) funding opportunities. BACKGROUND The recently adopted Federal American Recovery and Reinvestment Act (ARRA) will have numerous opportunities for cities to apply for funding. The City is establishing an internal grants team to identify grant opportunities and manage our grant process. However, with the number of potential grant opportunities that will be available and the expected short turnaround time for grant applications, staff feels that grant writing assistance is needed. Under the attached agreement, Langton Associates will provide the following services for eight months at a fee of $6,250 per month, for a total of $50,000: 1. Develop list of potential projects for grant programs identified in ARRA through a Team approach with City Staff. 2. Determine status of DUNS/CCR/grants.gov registration and assist with registration if necessary. Gather information on each potential project. 4. Gather information on grant program's Notice of Funding Availability (NOFA) as it becomes available via Grants.gov (Anticipated March 9) and agency website (Anticipated March 19). Refine project list for final grant targets 6. Develop any and all grant applications (format to be determined by grant program's NOFA). 7. Submit any and all application via grants.gov or other authorized procedure. We entered into a contract with Langton Associates for grant writing services in October of 2000, piggybacking on a Palm Beach Gardens contract which was based on an RFP to which they had five responses. At that time we felt they were the best of the five. We then kept Langton under contract until our last contract expired in 2008. It was not renewed as a cost cutting measure. While we would normally issue an RFP for these services, given the short time frames mentioned above, it is not possible to go through an RFP process and get a firm under contract in time to prepare all the applications we believe we will have the opportunity to submit and get them submitted within the deadlines which are part of this legislation. This is a personnel services contract which is exempted from competitive bidding by Sec. 36.01(A)(i) of the City Code. Engaging Langton could also be considered "an emergency not due to the fault or circumstances within the control of the applicant...." in which case the City Commission is authorized by Sec. 30.15(B) of the City Code to grant a waiver to the Code without following the notice and hearing requirements. I understand that Palm Beach County also has Langton under contract for similar services. FUNDING SOURCE If approved by Commission, funds will be allocated during the mid-year budget amendment. RECOMMENDATION Recommend approval of the agreement with Langton Associates for grant consulting services. CONSULTING AGREEMENT BETWEEN LANGTON ASSOCIATES AND THE CITY OF DELRAY BEACH FOR AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 THIS CONSULTING AGREEMENT made on this day of , 2009, by and between CITY OF DELRAY BEACH, hereinafter referred to as "City" and LANGTON ASSOCIATES, INC., hereinafter referred to as "Langton" under the following terms and conditions: WHEREAS, the City and Langton are committed to finding funding sources to help advance the City's interests; and WHEREAS, the City and Langton are desirous to enter into a consulting agreement for personal services wherein Langton will develop a list of potential projects for grant programs identified in the American Recovery and Reinvestment Act of 2009 (ARRA). NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: RECITALS 1. Term. Langton agrees to develop a list of potential projects for grant programs identified in the American Recovery and Reinvestment Act of 2009 (ARRA) to City for the term of eight (8) months commencing March 1, 2009, and ending September 30, 2009. 2. Langton's duties. Pursuant to this Agreement, Langton agrees to provide specific services as follows: A. Determine status of DUNS/CCR/grants.gov registration and assist with registration if necessary; B. Gather information on each potential project; C. Gather information on grant program's Notice of Funding Availability (NOFA) as it becomes available via Grants.gov (Anticipated March 9, 2009), and agency website (Anticipated March 19, 2009); D. Refine project list for final grant targets; E. Develop any and all grant applications (format to be determined by grant program's NOFA) including: 1. Narrative 2. Budgets 3. Required attachments/exhibits 4. Letters of support 5. Federal forms F. Submit any and all application via grants.gov or other authorized procedure. 3. Payment. In exchange for Langton performing these services as established herein and devoting agency time, City agrees to pay Langton the sum of Fifty Thousand Dollars ($50,000.00) to be paid in eight (8) equal installments of Six Thousand Two Hundred Fifty Dollars ($6,250.00) per month. City agrees that payment herein shall be made monthly by the 10t" day of the following month after the invoice rendered by Langton. 4. Monthly Report. Langton agrees to devote the necessary time and performance of duties for City, and shall provide a detailed report to the City Manager or his/her designee on all matters concerning this Agreement and the discharge of its scope of services monthly and in a format as determined by the City Manager or his/her designee. 5. Termination. This contract can be terminated by either party without cause upon giving of a thirty (30) day notice as follows: 2 As to Langton: Michael Langton, President 118 West Adams Street, Suite 700 Jacksonville, Florida 32202 As to City: David T. Harden, City Manager City of Delray Beach, Florida 100 N.W. 1St Avenue Delray Beach, Florida 33444 In the event of a contract termination, City's responsibility to pay Langton's fees and expenses will be limited to the period up to the termination date. All work products prepared by Langton on behalf of the City will be determined to be City's property. 6. Assignment. An assignment of the duties to be provided under this Agreement shall require the prior written consent of the City. 7. Status of Langton. The parties intend that Langton, in performing the services hereinafter specified, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Langton is not to be considered an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits City provides its employees. 8. Non-Discrimination. Langton shall comply with all applicable federal, state and local laws, rules and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or mental disability. 9. Governing Laws; Venue. 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. Compliance With Law. Langton shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county, and municipal laws, ordinances, rules, and regulations, as may be applicable. 3 11. Taxes. Langton shall be responsible for all federal, state, or local taxes of any kind which Langton now or hereafter shall be liable for or required to pay either on his own behalf, on behalf of his employees, or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 12. Indemnification; Sovereign Immunity. Langton shall indemnify and hold harmless and defend the City, its officers, employees and agents from any and all claims or causes of action that may arise out of the services to be performed by Langton, including but not limited to attorney's fees and costs the City incurs at the trial or appellate levels. The parties understand that the City does not waive its sovereign immunity under Fla. Stat. ~ 768.28. 13. Non-Exclusive. The provision of the services provided for herein is non- exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion, the City desires to do so. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. 14. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements. No waiver, modifications, additions or addendum to this Agreement shall be valid unless in writing and signed by both Langton and City. WHERETO, the parties have set their hands and seal effective this day of 2009. 4 ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor LANGTON ASSOCIATES, INC. By: Michael Langton, President STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by Michael Langton, as President of Langton Associates, Inc., a (state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me or has produced (type of identification) as identification. Signature of Notary Public 5 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 23, 2009 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Code Enforcement Board. BACKGROUND On January 20, 2009, Mr. Albert Richwagen was appointed as a regular member on the Code Enforcement Board. This created a vacancy for an alternate member to serve an unexpired term ending on January 14, 2010. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Bernard (Seat #4) for one (1) alternate member to serve on the Code Enforcement Board for an unexpired term ending on January 14, 2010. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2010. CODE ENFORCEMENT BOARD 01/09 TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2010 George Thacker Accounts Layperson Unexp Alt Appt 03/20/07 Manager Unexp Reg 06/03/08 01 /14 /2010 Stanley Srodka Financial Services Layperson tmexp Appt 09/05/06 Re t 01/02/07 Re 01 /14 /2011 Kelli Freeman Staffing Manager Business Person Appt 01/03/08 reg Unexp Appt 10/2/07 alt 01 /14 /2010 David Hawke, Qiair Architect Architect Unexp Alt Appt 01/07/03 Unexp Regular Appt 04/15/03 Reappt 01/06/04 Re t 01/02/07 01 /14/2012 Robert Marks Construction General Contractor Unexp Alt Appt 01/07/03 Unexp RegAppt 04/15/03 Reappt 02/07/06 Re t 01/06/09 01/14/2012 Albert Richwagen Business Owner Layperson Unexp Appt 06/17/08 Appt 01/20/09 reg 01 /14/2012 Mark Behar, Vice Qiair Property Mgmt. Layperson Appt. 09/09/03 alt Unexp Appt 10/05/04 Reappt 02/07/06 Reappt 01/06/09 ALTERNATES 01 /14 /2010 Shannon Dawson Real E state Real E state Unexp Appt 06/17/08 01 /14/2010 Unexp Appt Vacant Contact: Danise Cleckley 243-7213 S/City Clerk/Board 09/Code Enforcement Board CODE ENFORCEMENT BOARD EXHIBIT "A" Name Background Parnel Auguste Real Estate Attorney Rosalie Blood Vice President/General Manager-Retail David Boone Semi-retired Attorney/Educator Gerald Franciosa Retired-Law Enforcement (also applying for the Neighborhood Advisory Council) Pearl Markfield Elrod Realtor (also applying for the Neighborhood Advisory Council) Mel Pollack Director of Security Stanley Scharf Director-Child Care/Public Relations Harvey Starin Real Estate Broker Stephanie Sugar Regional Director MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 23, 2009 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Delray Beach Housing Authority. BACKGROUND Mr. Russell Yeager, regular member on the Delray Beach Housing Authority, submitted his resignation effective January 14, 2009. This created a vacancy for one (1) regular member to serve an unexpired term ending on July 14, 2010. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner Bernard (Seat #4) for one (1) regular member to serve on the Delray Beach Housing Authority for an unexpired term ending on July 14, 2010. RECOMMENDATION Recommend appointment of one (1) regular member to the Delray Beach Housing Authority to serve an unexpired term ending July 14, 2010. DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Edward Desmond (currently serving on the Public Employees Relations Commission) Joe Farkas Jason Feldman Gerald Franciosa Philip Friedman (currently serving on the Nuisance Abatement Board) Irene Frazier Pearl Markfield-Elrod George Maso Alexia Rouquette Jeff Staley Shelly Weil (currently serving on the Police Advisory Board) Alan Weitz DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 310B Delray Beach, FL 33445 01/09 TERM REGULAR MEMBERS EXPIRES 07/14/2012 Joseph Hepp Unexpired Appt 10/21/08 07/14/2010 Une%p Appt Vacant 07/14/2010 Sylvia Morris Une%p Appt07/10/07 07/14/2009 Angela D. Randolph, Chair Appt07/24/01 Rea t 06/21/05 10/27/2011 Christel Silver Appt11/6/07 03/06/2010 Morris L. Weinman, Vice Chair Unexpired Term 03/06/01 Reappt02/05/02 Rea t02/21/O6 07/14/2010 Thu~~ Shutt (Twee) Appt07/11/06 Director: Doroth~~ Ellington Contact: Nina Levina/Jackie 272-6766 X-18 nlevine@dbha.org Housing Authority 278-4937 Fax 272-7352 S~City C1erk~Board 09~Delray Beach Housing MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 24, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 ORDINANCE N0.06-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to consider an ordinance providing for the reclassification of nineteen (19) properties from non-contributing to contributing in the Marina Historic District. BACKGROUND At the first reading on February 17, 2009 the Commission was presented with two versions of the ordinance. The Commiision passed Version 2 of Ordinance No. 06-09 on first reading which involves the reclassification of nineteen (19) properties in the Marina Historic District. RECOMMENDATION Recommend approval of Ordinance No. 06-09 on second and final reading. ORDINANCE NO 06-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE RECLASSIFICATION OF 19 PROPERTIES IN THE MARINA HISTORIC DISTRICT, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Marina Historic District was originally designated and placed on the Delray Beach Local Register of Historic Places in 1988 with a Period of Significance spanning from 1922 - 1943, and, WHEREAS, the City retained GAI Consultants, Inc. to resurvey the Marina Historic District and those properties originally classified as contributing for continued significance and maintenance of historic integrity; and, WHEREAS, GAI Consultants, Inc. recommended that the property at 238 SE 7t" Avenue be reclassified as non-contributing "due to inappropriate new construction on the property", as the "new construction both dominates and almost completely obscures the original one-story historic structure."; and, WHEREAS, GAI Consultants, Inc. resurveyed the Marina Historic District and those properties originally classified as non-contributing for current significance and recommends that an additional Period of Significance be provided which spans 1946-1960; and, WHEREAS, the final report by GAI Consultants, Inc., with the amendment that the Period of Significance be extended through 1960, was reviewed by the Historic Preservation Board at its meeting of November 19, 2008, and the public hearing of February 4, 2009, and HPB did not support the reclassification of 238 SE 7t" Avenue; and, WHEREAS, the final report by GAI Consultants, Inc., was accepted by the City Commission at its meeting of December 9, 2008, with the amendment that the Period of Significance be extended through 1960, and supported the reclassification of 238 SE 7tn Avenue; and, WHEREAS, the Marina Historic District was originally significant for its collection of architecture representative of the period from 1922-1943, and is currently significant for its collection of architecture representative of the period from 1944 - 1960. WHEREAS, 19 structures now meet the eligibility criteria for contributing status, attributed mainly to the Post World War II buildings in the Masonry and Frame Vernacular, Ranch, Moderne, and Minimal Traditional styles built from 1947 - 1960, as these buildings have had minimal alterations or their alterations were completed in an appropriate and compatible manner consistent with the Secretary of the Interior's Standards for Rehabilitation; and, WHEREAS, the Marina Historic District was originally and is currently significant under the Secretary of the Interiors Criterion A for significance due to associations with events that have made a significant contribution to the broad pattern of the City's history such as the development of early neighborhoods in Delray Beach, and representation of two periods of rapid settlement during the Land Boom of the 1920s and the post World War II growth from the 1940s through the 1950s; and, WHEREAS, the Marina Historic District was originally and is currently significant under the Secretary of the Interiors Criterion B for significance due to associations with people significant to the City, as several buildings within the district as associated with important individuals in the city's history such as those of the pioneering Blank family, and the Fontaine Fox cottages, associated with the famous cartoonist; and, WHEREAS, the Marina Historic District was originally and is currently significant under the Secretary of the Interiors Criterion C for significance as it embodies one or more distinctive architectural styles or types such as Vernacular, Frame Vernacular, Masonry Vernacular, Minimal Traditional, Ranch, Craftsman, Mission, Mediterranean Revival, Colonial Revival, Monterey, and Art Moderne, many of which can be attributed to known architects or master craftsmen such as Addison Mizner, Sam Ogren, Sr., John Volk, and Gustav Maas; and, WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the change of historic classification of historic sites and districts; and WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the adoption of an additional Period of Significance and change of historic classification for those specified properties on February 4, 2009 and voted 5 - 0 to recommend approval subject to 238 SE 7t" Avenue maintaining the contributing classification, and not being reclassified per the adopted Resolution 56-08; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Staff Report; and WHEREAS the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the historic district designation; and WHEREAS, the City Commission of the City of Delray Beach 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 DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2 That the properties listed in Attachment A are hereby reclassified as set forth on Attachment A and in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida 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 Ord No. 06-09 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. MAYOR ATTEST: City Clerk First Reading Second Read Ord No. 06-09 Ordinance 06-09 Attachment A Marina Historic District Property Classification List Address Classification Year Built Style 700-708 East Atlantic Avenue Contributin 1940 Art Moderne 770 East Atlantic Avenue Non-Contributin 1996 Modern Mediterranean 802-804 East Atlantic Avenue Contributing 1951 Masonry Vernacular 812-814 East Atlantic Avenue Contributin 1931 Mission 816-840 East Atlantic Avenue Contributin 1939 Art Moderne 24-26 Marine Wa Contributin 1960 Frame Vernacular 30 Marine Wa Contributin 1925 Mediterranean Revival 46 Marine Wa Contributin 1926 Mediterranean Revival 48 Marine Wa Contributin 1925 Mediterranean Revival 54 Marine Wa Contributin 1940 Minimal Traditional 60 Marine Wa Contributin 1941 Montere 110 Marine Wa Contributin 1937 Mediterranean Revival 116 Marine Wa Non-Contributin 1975 Modern Frame Vernacular 126-140 Marine Wa Non-Contributin 2002 Modern Mason Vernacular 150 Marine Wa Non-Contributin 1996 Modern Frame Vernacular 160 Marine Wa Contributin 1940 Minimal Traditional 200 Marine Wa Contributin 1948 Mason Vernacular 29 Palm Square Contributin 1938 Minimal Traditional 33 Palm Square Contributin 1938 Minimal Traditional 36 Palm Square Contributin 1937 Mason Vernacular 42 Palm S uare Contributin 1938 Minimal Traditional 49 Palm Square Contributin 1940 Minimal Traditional 50 Palm Square Contributin 1939 Mason Vernacular 57 Palm Square Contributin 1940 Minimal Traditional 60 Palm Square Contributin 1928 Mediterranean Revival 65 Palm S uare Contributin 1940 Minimal Traditional 701 SE 1St Street Contributin 1925 Frame Vernacular 707 SE 1St Street Contributin 1925 Frame Vernacular 705-711 SE 2n Street Contributin 1953 Mason Vernacular 706 SE 2n Street Contributin --- Demolished 2005 708 SE 3r Street Contributin 1925 Mission 711 SE 3rd Street Non-Contributin 1989 Modern Mason Vernacular 603 SE 4t Street/350 SE 7t Avenue Non-Contributin 1938 Minimal Traditional 9 SE 7t Avenue Contributin 1925 Craftsman Bun slow 55 SE 7t Avenue Contributin 1939 Ranch 101 SE 7t" Avenue Contributin 1950 Mason Vernacular 102 SE 7t" Avenue Contributin 1937 Mason Vernacular 106 SE 7t Avenue Contributin 1925 Mission 111 SE 7t Avenue Non-Contributin 1968 Mason Vernacular 114 SE 7t Avenue 40 Non-Contributin 1996 Modern Frame Vernacular 118 SE 7t" Avenue Contributin 1935 Frame Vernacular 118'/2 SE 7t Avenue Contributin 1935 Frame Vernacular 122 SE 7t Avenue Contributin 1935 Frame Vernacular 122'/2 SE 7t Avenue Non-Contributin 1989 Modern Frame Vernacular 123 SE 7t Avenue Contributin 1953 Ranch 1/2 Ordinance 06-09 Attachment A Marina Historic District Property Classification List Address Classification Year Built Style 126 SE 7t Avenue Contributin 1949 Moderne 127 SE 7t Avenue Contributin 1951 Mason Vernacular 129 SE 7t Avenue Contributin 1925 Mediterranean Revival 130 SE 7t" Avenue Contributing 1939 Minimal Traditional 131 SE 7t" Avenue Contributin 1925 Craftsman Bun slow 134 SE 7t Avenue Contributin 1947 Minimal Traditional 138 SE 7t Avenue Contributin 1947 Frame Vernacular 139 SE 7t Avenue Contributin 1925 Mission 139 SE 7t" Avenue Contributin 1960 Frame Vernacular 142 SE 7t Avenue Non-Contributin 2004 Modern Masonr Vernacular 143 SE 7t Avenue Contributin 1928 Mason Vernacular 143 SE 7t Avenue Non-Contributin 1967 Mason Vernacular 146 SE 7t Avenue Non-Contributin N/A Church Parkin Lot 200 SE 7t" Avenue Contributin 1945 Colonial Revival 203 SE 7t Avenue Contributin 1954 Mason Vernacular 209 SE 7t Avenue Contributin 1948 Mason Vernacular 213 SE 7t Avenue Contributin 1951 Moderne 214 SE 7t Avenue Contributin 1922 Minimal Traditional 218 SE 7t" Avenue Contributin 1959 Minimal Traditional 219 SE 7t Avenue Contributin 1935 Montere 222 SE 7t Avenue Contributin 1937 Frame Vernacular 228 SE 7t Avenue Contributin 1937 Minimal Traditional 229 SE 7t" Avenue Non-Contributin 1991 Modern Masonr Vernacular 232 SE 7t Avenue Contributin 1938 Frame Vernacular 237 SE 7t Avenue Non-Contributin 1989 Modern Masonr Vernacular 238 SE 7t Avenue Contributin 1937 Frame Vernacular 242 SE 7t Avenue Non-Contributin 1970 Mason Vernacular 244 SE 7t" Avenue Non-Contributin 1972 Mason Vernacular 300 SE 7t Avenue Contributin 1957 Mason Vernacular 303 SE 7t Avenue Contributin 1954 Ranch 305 SE 7t Avenue Contributin 1947 Frame Vernacular 310 SE 7t Avenue Non-Contributin 1992 Modern Frame Vernacular 314-318 SE 7t" Avenue Non-Contributin 1977 Mason Vernacular 315 SE 7t Avenue Non-Contributin 2005 Modern Mediterranean Revival 319 SE 7t Avenue Non-Contributin 2004 Modern Mediterranean Revival 321 SE 7t Avenue Non-Contributin 1992 Modern Masonr Vernacular 325 SE 7t" Avenue Non-Contributin 2004 Modern Mediterranean Revival 330 SE 7t" Avenue Non-Contributin 1956 Mason Vernacular 332 SE 7t Avenue Non-Contributin 1962 Minimal Traditional 335 SE 7t Avenue Non-Contributin 1999 Modern Mediterranean Revival 340 SE 7t Avenue Non-Contributin 1953 Mason Vernacular 345 SE 7t" Avenue Non-Contributin 1996 Modern Masonr Vernacular 2/2 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February ll, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF FEBRUARY 17, 2009 ORDINANCE NO. 06-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 06-09 which reclassifies 20 properties within the Marina Historic District, as recommended by the Marina Historic District resurvey. BACKGROUND The City hired GAI Consultants, Inc. to conduct a survey from April -June 2008 following concerns by property owners regarding the Marina Historic District's integrity within the 300 block of SE 7th Avenue. The objective was to survey all properties within the Marina Historic District containing both contributing and non-contributing buildings and structures. The final survey report and its recommendations were accepted by the City Commission at the December 9, 2008 meeting. The adopted Resolution provided for the expansion of the Period of Significance (POS) to 1960, which would reclassify 19 properties from non-contributing to contributing and one from contributing to non- contributing. The current POS spans from 1922-1943. The Resolution also supported the reclassification of the property of 238 SE 7th Avenue from contributing to non-contributing. The attached Ordinance refers to Attachment A, which lists all properties within the Marina Historic District, and notes their dates of construction, architectural styles, and classifications. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed Ordinance 06-09 at its February 10, 2009 meeting where a recommendation of approval was made, on a vote of 5-0, with the revision that the property located at 238 SE 7th Avenue not be reclassified to non-contributing. This condition is provided for in an alternate version (Version 2) of the subject Ordinance. The DDA reviewed Ordinance 06-09 at its February 9, 2009 meeting where a recommendation of approval of Version 1 was made by a vote of 4-1 (Chairperson Listick abstained). The CRA reviewed Ordinance 06-09 at its February 12, 2009 meeting, and recommended will approval of version RECOMMENDATION Approve Ordinance 06-09, Version 1, for the reclassification of 20 properties within the Marina Historic District. MEETING QF: FEBRUARY 4y Zli~ ITEM: CDNSIDERATIQN QF QRDINANCE 06~d9 PRDVIDII~G FQR THE RECLASSIFICATIDN DF 2Z PRQPERTIES IN THE MARINA HISTQRIC DISTRICT, The item before the Board is that ~ making a recommendation #o the City Commission regarding Ordinance 05-g9 to provide for the r+edassiflcation of 22 properties v~thin the Marina Historic District {MHD}, pursuarrt tv Land Development Regnlatians [LDR} Section 4.5.1 [Pl}, Criteria for Change of Historic Classification and 4.5.1(0}, Procedures for Change of Historic Classification. The City hired GAl Cvnsulfarrts, Inc. fo conduct a survey from April -June 2088 of the -MHD. The objec~e was tia sun-ey all properties developed at least thirty~ive years ago within the MHD whirah contain both oorrtr'ibuting and non-contributing buildings and stn.rctures. A hlsfiorical ~rvrew of the area was provided in the final report. The final sr~vey report recontintiends that a second Period of Significance's [POS} be adopted to span 1947~19tiq, which would reclassify the following properties from nor~coMributino to c„ibutina: Pr+anertvAd~al~ss Cnfe~~~ ~~ ~~~~ „~, ~~.~ ~~~,~~ 800-804 Eat A#Farrfi~c Avenue, Tyre Blue Anc~fror 24-26 H+farNre Way 2~ Horses W~a~y, Fwsl' Chur~ah ai Cfufst Sc~enofJst 7U5/799 SE 2"°' Street 909 SE 7~' Avenue 923 SE 7°' Avenue 92B SE 7~ A~nenue 127 SE 7~' Avenue 934 SE 7'~' Avenue 938 SE 7~' Avenue 939 SE 7°i' A~nenue 20D SF 7~' A~nanue 203 SE 7°h A~raue 209 SF 7~' A-~s,nue 293 SE 7~' Ar~raue 298 SF 7g' Avenue = 300 SE 7°' Ar~raue 303 SE 7°' A~nanue 305 SE 7~' Avenue 330 SE 7~' Avenue 34D SE 7°i Ar~rrere 995? Jl4asonry Verna~d~ar 9980 Fia-ne Vernacular 9948 A~asa-rry Vernacullar 9953 A4asarrry Vemacular 9950 A4asonry Vernacuoiarr 9953 Ranch 9949 A~lodeme 9957 1~asarrry Vemaarrlar 9947 JI~-rJmal Traal~arral 9947 Frame Vernacular 9980 Frame VerrraaWar 9945 Colarrial Revival 9954 1l~asartry Vemacraofer 9948 1~sorrry Vernacular 9959 l~oderne 9959 1~saimal Tradidarral 9957 l~asasnry Vernarxder 9954 Ranch 9947 Frame Vemacular 7956 1~'a$onry Vernarxrlar 9953 Masavrry Vernacular "The curer~t F'erfod of ~gniflca~nce spans fnorn 9922 ~0 9943. :~ ..~ x ,~.-_ _ ~ . __.., ~~'x :r ._ .e~?:~~. } ~1' ~ 'SCI _ . _r.3_~ _ .. r_.a - ..err -~. :~: ~ .. _. _ ^ ~'~.~ . s ' ~ -- ~r y ~CF i ~; ~:: ~: ;~ ~, x ~~ u. l , ;~ .. ~~ ~.-,.,x.,_.~,J,,..~ .r.,..,__ . _ ~r 1 ~~~~., i ~ ~~ ~ :. ',~ 1 ~s } ~I r ,., r ,~ : ~a ~ s~ x ~; r . . i as r• ~~.~~::.. re ~~ ~c i~ ~ .t ~. 7: :~ ,.. - .. .r. ~ .. :~f •"z d ~ 3 t _ :+ I SF ~` - ~a ,~ f ~; -- -- {~ c~ ' ~c~ 1 '~~ } -' 3 3 I ~ i I ! 1 I ~ 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 23, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 ORDINANCE N0.07-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to amend the Land Development Regulations (LDR) Section 4.4.9(G), "Supplemental District Regulations", and Section 4.4.13(G)(1), "Central Core and Beach Area Supplemental Regulations", to change the parking requirements for business and professional offices within certain portions of these zoning districts. BACKGROUND At first reading on February 17, 2009, the Commission passed Ordinance No. 07-09. The Parking Management Adivsory Board (PMAB) had not met prior to first reading to provide their recommendation. At their February 24, 2009 meeting, the PMAB unanimously recommended approval of the ordinance. RECOMMENDATION Recommend approval of Ordinance No. 07-09 on second and final reading. ORDINANCE NO. 07-09 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 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.13, "CENTRAL BUSINESS (CSD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUS-SUBSECTION (1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN CERTAIN PORTIONS OF THESE ZONING DISTRICTS; 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 January 26, 2009 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has deten-nined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives 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 the recitations set forth above are incorporated herein Section 2. That Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental District 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 to read as follow: (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District. net floor area (~ 2)North Federal Highway Overlay District: The following supplemental district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7. (a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are allowed as conditional uses: Fabrication and/or assembly of manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, electronics, cabinet and furniture malting. 2. The wholesaling, storage and distribution of products and materials; 3. Self service storage facilities that complywith subsection (c) below (b) All uses listed under subsection (a) above must: Operate in conjunction with a permitted service or retail use that is located on the premises; 2. Maintain a commercial facade along North Federal Highway, with the light industrial aspect of the business oriented toward Dixie Highway; 3. Operate within an enclosed building, with no outside storage; 4. Orient overhead doors away from adjacent rights-of-way, except where existing, or where the approving body determines that it is not feasible to comply; and, 5. Along the property line adjacent to Dixie Highway, provide a landscape buffer consisting of a 4' high hedge, and trees planted 25 feet on center to form a solid tree line. (c) In addition to subsection (b) above, any self service storage facility shall comply with the following The following regulations supersede Section 4.3.3(A). Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3 acres. 2 ORD. NO. 07-09 2. Facilities and Requirements: a Outdoor bay type access to individual self-storage units that face a street is prohibited The exterior loading access points shall be designed in such a wayto rrrinirrri~~ sight lines from adjacent roads. b. No building shall exceed forty-eight feet (48') in height. c. Parking shall be provided at the rates set forth in Section 4.6.9 for the perrrntted service, office and retail uses and for self-storage uses, parking shall be at a rate of one (1) parking space per 100 storage units or portion thereof, including. (a) a minimum of three (3) loading spaces for the self- service storage facility that must be striped and signed to limit the time for loading and unloading to one (1) hour; and in addition (b) three and one-half (3.5) spaces for each 1,000 square feet of accessory office use associated with the self-storage use. Notwithstanding the above, a minimum of five (5) parking spaces other than loading spaces shall be provided in connection with the self-storage use. d At least 2,500 square feet of ground floor area shall be devoted to at least one additional principal retail or service use without limiting the foregoing The additional principal uses maybe eating and drinking establishments, retail or personal service. 3. Limitation of Uses: a Activities not related to the rental or lease of self-storage units shall not be conducted within the self service storage facility area, unless specifically permitted through the conditional use process. b. Except as otherwise provided in subsection (c), no business or activity other than self storage shall be conducted from any self-storage unit in the facility. Examples of prohibited uses include, but are not limited to the following. the servicing, repair and/or restoration of automobiles, boats, recreational vehicles, and/or restoration of automobiles, boats, recreational vehicles, lawnmotiers and the like; moving and self-storage companies; cabinet malting and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. c. Except as otherwise provided in this subsection (c), there shall be no ORD. NO. 07-09 electrical pov\er provided to, or accessible from any individual self-storage units. This includes the provision of lighting fixtures to the interior of a self- storage unit, unless specifically addressed in the conditional use approval. The use of portable generators is also prohibited d The use or storage of any hazardous materials is prohibited e. the temps and conditions of this section shall be clearly expressed in all self- storage rental or leasing contracts, as well as conspicuously displayed in plain view on a sign no smaller than one foot (1') by two feet (2') in the leasing office at the facility. 4. On-Site Manager: An on site manager shall be employed at the facility during all hours of operation 5. Hours of Operation: Customers of the self service storage facility may not access individual self-storage units before 5:00 am. or any later than 9:00 p.m. Hours of operation maybe further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any self service storage facility have 24 hour access to their self-storage unit(s). 6. Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10') landscape buffer shall be required adjacent to Federal Highway and Dixie Highway and a minimum five foot (5') landscape buffer shall be required along all property lines that do not abut a roadway. 7. Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage of boats and vehicles and truck rental is prohibited 8. Architecture: All self service storage facility buildings must comply with the following architectural standards. a Building facades visible from the public right-of-way shall have the appearance of a service and/or retail building through the use of doors, window, awnings, and other appropriate building elements. b. Exterior building material shall be stucco or a similar material. c. Buildings that can accommodate two or more stories shall be designed where facing a street to have the appearance of a multi story building through the use of window, doors, awnings, canopies or other appropriate building 4 ORD. NO. 07-09 elements. d Building facades facing a public right-of-way must Dave a 15% minimum transparency consisting of windows that provide visibility from the public right-of-way from the interior. e. Detailed building elevations shall be submitted prior to the Conditional Use public hearing. 9. Location: A self service storage facility shall not be located within a radius of 1,000 feet of another existing self service storage facility. (~ 3)Four Corners Overlay District: The following supplemental district regulations apply to the Four Corners Overlay District, as defined in Section 4.5.14. (a) The permitted uses shall be those uses listed in Sections 4.4.9(5)(1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed in Sections (D)(1,3,4,10,12,15, 20). (d) Standards Pertaining to Allocation of Uses: 1. Office uses can encompass up to one hundred percent (100%) of the total building square footage within a Four Corners Overlay master development plan. 2. Retail uses shall not encompass more than one hundred percent (100%) of the total building area square footage of the Four Corners Overlay master development plan. 3. Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footage of the Four Corners Overlay master development plan. Notwithstanding the above, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple buildings. 4. Multi-family Dwelling Units: Multi-family uses excluding duplexes subject to (a)(b)(c)(d)(e) below, ranging in density not to exceed 30 units per acre subject to the following. a Residential units may comprise 75% of the total floor area of the development master plan at a maximum density of (30) units per acre and only when proposed as part of a mixed use development containing office ORD. NO. 07-09 and/or commercial uses. b. Residential developments must include a minimum of 20% ~rkforce units consisting of moderate income ~rkforce units as defined by Article 4.7 Family/Workforce Housing. c. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. d For mixed use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed e. All residential developments shall be subject to the Performance Standards of 4.4.13(1)(2) (e) Standards Unique to the Four Corners Overlay District: Where standards unique to the Four Corners Overlay District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection shall apply. Lot Coverage & Open Space: a Land area equal to at least 25% of the individual Four Corners Overlay District Master Development Plan (NIDP) including the perimeter landscaped bounclary, shall be in open space. Landscape areas required to meet internal parking lot design requirements, water bodies and paved areas shall not be included in the meeting of this 25% open space requirement. 2. Minimum Structure Size: Any free-standing non residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other portions of the Four Corners Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of helve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8' 6")floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. 6 ORD. NO. 07-09 Section 3. That Section 4.4.13, "Central Business (CSD) District", Subsection (G), "Supplemental District Regulations", Sub-Subsection (1), "Central Core and Beach Area Supplemental 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 to read as follow: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Beach Area Supplemental Regulations: (a) Within that portion of the CSD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated Within all other geographic areas of the Central Core and Beach Area within the CSD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required parking on site or off-site, pursuant to Subsection 4.6.9(E)(4), the in lieu fee option provided in Section 4.6.9(E)(3) maybe applied (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area (e) The parking requirement for hotels and motels within that portion of the CSD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, rr~eeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (f) The parking requirements for residential units in multi family structures and mixed use buildings shall be as follows: ORD. NO. 07-09 • Efficien dw~ ' twit 1.0 space/twit • One bedroom dw~ ' twit 1.25 spaces/twit • Two or more bedroom dw~ ' twit 1.75 spaces/twit • Guest shall be rovided cumulativel as follows: - for the first 20 units 0.50 s ces/unit - for units 21-50 0.30 s ces/unit - for units 51 and above 0.20 s ces/unit Within Townhouse and Townhouse type developments, parking maybe provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and maybe centralized or located near recreational features within a development project. (g) The parking requirement for business and professional offices within the following portions of the CSD ''„~' c',-~~'- ~„'-'~~ ~~~~-'~ is established at one (1) space per 300 sq. ft. of net floor area 1. The portion of the CSD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the soot 2. The portion of the CSD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Sush Slvd on the port • and 3. The portion of the CSD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4~ Street on the south Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ~prd 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 ORD. NO. 07-09 Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. MAYOR ATTEST City Clerk First Reading Second Reading ORD. NO. 07-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: February 10, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF FEBRUARY 17, 2009 ORDINANCE NO. 07-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of a City initiated amendment to the Land Development Regulations dealing with the parking requirements for business and professional office development along the Federal Highway corridor. BACKGROUND On October 10, 2008, the City received a memo from Francisco Perez-Azua, Architect and Vice Chair of the Chamber of Commerce Economic Development Committee. The memo outlined recommendations to incentivize office building development in Delray Beach. The recommendations presented in the memo build on the basic notion that a reduction in parking requirements for office development, and the allowance of various forms of automated parking systems, will provide incentives to promote office development. The Planning and Zoning Director reviewed the memo and noted that, while some of the proposals would require more in depth analysis, others could be reviewed more quickly and adopted immediately. Several of the recommendations were included in an LDR text amendment adopted by the City Commission on January 20, 2009. The current ordinance, which implements another of the Committee's recommendations, represents the next phase of the process. The remaining proposals will be reviewed and brought forth at a later date. The purpose of the proposed amendment is to expand the area between the Federal Highway one-way pairs (5th and 6th Avenues) where the parking requirement for business and professional offices is 1 space per 300 square feet of net floor area. The area has been expanded to include the area from N.E. 2nd Street to George Bush Boulevard on the north, and from S.E. 2nd Street to S.E. 10th Street on the south. The parking requirement for business and professional offices within this expansion area is currently 4 spaces per 1,000 sq. ft. of net floor area up to 3,000 sq. ft. and then 3.5 spaces per 1,000 square feet of net floor area over the initial 3,000 square feet. It is anticipated that the decreased costs associated with the reduced parking requirements will help to encourage additional office development in this area. As an example, the parking requirement of a 10,000 sq. ft. office building will be reduced by 4 spaces (from 37 to 33 spaces) with the proposed amendment. Although this change will result in a reduction in the total parking requirements for business and professional offices of all sizes, the highest percentage reductions will occur for buildings under 3,000 square feet. It is also noted that small additions to existing buildings may be possible without the requirement for any additional parking with the adoption of this amendment. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on January 26, 2009. The Board unanimously recommended approval on a 5 to 0 vote (Miller absent and Pike stepped down), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. The Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA) have unanimously recommended approval of the proposed text amendment. The Parking Management Advisory Board (PMAB) meeting will not meet until February 24, 2009. The Board's recommendation will be reported to the City Commission at second reading of the ordinance. RECOMMENDATION By motion, approve on first reading Ordinance No. 07-09 for aCity-initiated amendment to the LDR as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JANUARY 26, 2009 AGENDA NO: III.B. AGENDA ITEM: CONSIDERATION OF A CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUB-SUBSECTION (1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN CERTAIN PORTIONS OF THESE ZONING DISTRICTS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding aCity-initiated amendment to the Land Development Regulations dealing with the parking requirements for business and professional office development along the Federal Highway corridor. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND /ANALYSIS On October 10, 2008, the City received a memo from Francisco Perez-Azua, Architect and Vice Chair of the Chamber of Commerce Economic Development Committee. The memo outlined recommendations to incentivize office building development in Delray Beach. The recommendations presented in the memo build on the basic notion that a reduction in parking requirements for office development, and the allowance of various forms of automated parking systems, will provide the necessary incentives to promote office development. The Planning and Zoning Director reviewed the memo and noted that, while some of the proposals would require more in depth analysis, others could be reviewed more quickly and adopted immediately. As the first phase of the process, several of the recommendations were included in an LDR text amendment that was adopted by the City Commission on January 20, 2009. The current ordinance, which implements another of the Committee's recommendations, represents the next phase of the process. The remaining proposals will be reviewed and brought forth at a later date. PROPOSED LDR TEXT AMENDMENTS The purpose of the proposed amendment is to expand the area between the Federal Highway one-way pairs (5th and 6th Avenues) where the parking requirement for business and professional offices is 1 space per 300 square feet of net floor area. The area has been expanded to include the area from N.E. 2nd Street to George Bush Boulevard on the north, and from S.E. 2nd Street to S.E. 10th Street on the south. The parking requirement for business and III.B. Planning and Zoning Board Memorandum Staff Report, January 26, 2009 Amendment to LDRs -Federal Highway Office Parking Page 2 professional offices within this expansion area is currently 4 spaces per 1,000 sq. ft. of net floor area up to 3,000 sq. ft. and then 3.5 spaces per 1,000 square feet of net floor area over the initial 3,000 square feet. It is anticipated that the decreased costs associated with the reduced parking requirements will help to encourage additional office development in this area. As an example, the parking requirement of a 10,000 sq. ft. office building will be reduced by 4 spaces (from 37 to 33 spaces) with the proposed amendment. Although this change will result in a reduction in the total parking requirements for business and professional offices of all sizes, the highest percentage reductions will occur for buildings under 3,000 square feet. It is also noted that small additions to existing buildings may be possible without the requirement for any additional parking with the adoption of this amendment. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objective and policies were noted: Future Land Use Element Objective C-4 The Central Business District (CBD) represents the essence of what is Delray Beach i. e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective. Policy C-4.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: O deletion of inappropriate uses ^ incentives for locatin_g retail on the _ground floor with office and residential use on upper floors O accommodatin_g parkin_q needs through innovative actions O incentives for dinner theaters, playhouses, and other family oriented activities O allowing and facilitating outdoor cafes O incentives for mixed use development and rehabilitations O elimination of side yard setback requirements O allow structural overhang encroachments into required yard areas Planning and Zoning Board Memorandum Staff Report, January 26, 2009 Amendment to LDRs -Federal Highway Office Parking Page 3 Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between /-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The above objective and policies seek to continue the revitalization of the Central Business District by providing development incentives and accommodating a range of uses. The Downtown Delray Beach Master Plan includes recommendations for the development of a shared parking program aimed at reducing the impact of large areas of parking on the urban fabric. The proposed text amendment is intended to provide an incentive for additional office development within the Federal Highway corridor in the Central Business District and the area immediately south of it. This reduction in the parking requirements for office uses will promote shared parking and use of public transportation. Based on the above, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. On January 22, 2009, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment. A review of the amendment by the Parking Management Advisory Board (PMAB) and Downtown Development Authority (DDA) will occur after the Planning and Zoning Board Meeting. The recommendations of those agencies will be provided to the City Commission prior to adoption of the amendment. ASSESSMENT AND CONCLUSION The purpose of this text amendment is encourage business and professional office development along the Federal Highway corridor by reducing the costs associated with the provision of off- street parking. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for aCity-initiated amendment to Land Development Regulations Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental District Regulations", and Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", Sub-Subsection (1) "Central Core and Planning and Zoning Board Memorandum Staff Report, January 26, 2009 Amendment to LDRs -Federal Highway Office Parking Page 4 Beach Area Supplemental Regulations", to change the parking requirements for business and professional offices within certain portions of these zoning districts, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments • Location Map • Proposed Ordinance 07-09 s:\planning & zoning\boards\p&z board\Idrarnendment-federal highway office parking.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 26, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 ORDINANCE NO. 10-09 ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 10-09 which modifies the Marina Historic District boundaries resulting in the removal of 12 properties, as recommended by the Marina Historic District resurvey. BACKGROUND The City hired GAI Consultants, Inc. to conduct a survey of the Marina Historic District. The objective was to survey all properties and identify those developed at least thirty-five years ago and determine if they are contributing or non-contributing buildings and structures. The report included a recommendation that the district boundaries be amended as certain areas had been adversely affected by the scale of the new construction along the Intracoastal. The final survey report recommends that 12 affected properties within the 300 block of SE 7th Avenue be removed from the Marina Historic District. In order to modify the district boundaries, the legal description of the district within the LDRs requires modification. The amended legal description, which includes only those properties to remain within the Marina Historic District, is provided in the attached Ordinance. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed Ordinance 10-09 at its February 18, 2009 meeting where a recommendation of approval was made on a vote of 5-0. The Planning and Zoning Board reviewed Ordinance 10-09 at its February 23, 2009 meeting, where a recommendation of approval was made by a vote of 7-0. RECOMMENDATION Approve Ordinance 10-09 which modifies the Marina Historic District boundaries resulting in the removal of 12 properties from the Marina Historic District. ORDINANCE NO 10-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (L), "DESIGNATION OF HISTORIC DISTRICTS", SUBSECTION (2}, "MARINA", TO PROVIDE FOR THE REMOVAL OF CERTAIN PROPERTIES WITHIN THE MARINA HISTORIC DISTRICT AND AMENDING THE MARINA HISTORIC DISTRICT BOUNDARIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTPiTE DATE. WHEREAS, the Marina Historic District was originally designated and placed on the Delray Beach Local Register of Historic Places in 1988 with a Period of Significance spanning from 1922 --1943 with 4 of 51 contributing structures located within the 300 block of SE 7`h Avenue, and 1 of the original contributing structures within the 300 block of SE 7~` Avenue currently remains and is located at 708 SE 3`~ Street; and, WHEREAS, the City retained GAI Consultants, Inc. to resurvey the Marina Historic District and those properties originally classified as contributing for continued significance and maintenance of historic integrity; and, WHEREAS, the final report, otherwise known as Attachment A, by GAI Consultants, Inc., recommends that the Marina Historic District boundary be amended to remove those properties located to the south of 300-305 SE 7`~ Avenue, consisting of approximately 12 properties, as identified in Attachment B, due to the adverse affect of "the new construction along with Intracoastal Waterway, along with the new construction of the four-story townhomes contiguous to the west boundary"; and, WHEREAS, the final report by GAI Consultants, Inc., was accepted by the City Commission at its meeting of December 9, 2008; and, WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the removal of properties from a historic district; and WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the removal of those specified properties from the Marina Historic District on February M, 2009 and voted 5 to 0 to recommend that the 12 properties listed in Attachment B be removed from the Marina Historic District; and WHEREAS, the City Commission of the City of Delray Beach hereby adopts the findings in the Histor7c Preservation Board Staff Report; and WHEREAS, pursuant to LDR Section 1.1.C~, the Planning and Coning Board reviewed the proposed text atxaendment of LDR Section 4.5.1(L)(2) at a public hearing held on February 23;, 2009 and voted 7 to 0 to recommend that the changes be approved; and WI-IEREAS, 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; and WHEREAS the City Comxxaission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the historic district designation. WHEREAS, the City Commission of the City of Delray Beach adopts the ~x~.dings in both the Historic Preservation Board and Planning and Zoning Board Staff Reports; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Land Development Regulations and the Comprehensive Plan. NOW, TI-IEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2 That the properties listed in Attachment B are hereby removed from the Marina Historic District as set forth in Attachment A and in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida. Section 3 That Section 4.5.1, "Histo:dc Pxeservation Sites and Districts" Subsection (L), "Designation of Historic Districts", Sub-subsection (2), "Marina" of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: MARINA which consists of . ' ' > > > ~ , is Lots 1 to 11, inclusive, Lots 22 to 66, inclusive and Lots $3 to 93, inclusive, Pahn Square, an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n k a Delia Beach accordin to the plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County. Florida; Together with Lots A, D, E and F, Riker Square, according to the Plat thereof recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach Coun Florida• To ether with all of Anchora e Condominium accordin to the Declaration of Condominium thereof as recorded in Offtcial Records Book 3060 Pa e 369 of the Public records of Palm Beach Counter, Florida, said Condominium being located within. L ots B and C, Riker Square, according to the Plat thereof, recorded in Plat Book 1S, Page 74 of the I7ublic Records of Palm Beach Coun Florida• To ether with Lot 1 and Lots 5 to 12 inclusive Resubdivision of Block 11 S Town of 2 ORD. NO. 10-09 Linton n/k/a Delray Beach, according to the Plat thereof recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with all of Sloan Hammock Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book _9271, Page 258, of the Public records of Pahn Beach Coun Florida said Condominium bein located within Lots 2 3 and 4 Resubdivision of Block 118, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Paitn Beach Count, Florida; Together with Lots 1 to 7, inclusive and Lats 13 to 24, inclusive, Resubdivision of Block 126, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 11, Page 4 of the Public Records of Palm Beach County, Florida; Together with the South 50 feet of the North 176 feet of the West 165 feet of Block 126 Town of Linton n k a Delta Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 8, inclusive, and Tracts A and B, Marine Bair according to the Plat thereof, recorded in Plat Book 89, Page 162 of the Public Records of Palm Beach County, Florida; Together with all of Block 1341ying West of Intracoastal Waterway, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records _of Palm Beach County, Florida; To ether with Lots 13 to 24 inclusive ess South 15 feet SE 3`d Steeet and North 15 feet SE 2°d Street R WS Grace -B xd Subdivision accordin to the Plat thereof as recorded in Plat Book 10 Pa e 52 of the Public Records of Palm Beach County, Florida; Together with Lots A to E, inclusive, The Moorings according_to the Plat thereof, as recorded in Plat Book 20, Page 27 of the Public Records of Pahn Beach County, Florida; Together with the North 1 /2 of the South 1 /2 of Block 127less the North 64 feet thereof, & the West 20 feet SE 7`h Avenue R/W~,, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Publ c Records of Palm Beach County, Florida; together with Lots 1 and 2, Stone Hedge, accordin to the Plat thereof as recorded in Plat Book 5$ Pa e 176 of the Public Records of Pahn Beach County, Florida; Together with Lots 23 and 24;, and the East 8 feet of abandoned alley lying west of and adiacent thereto, Block 120, Blank-Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County,, Florida; Together with Lots 1 to 3, inclusive, and the North 20 feet of Lot 4, Block 128, Blank-Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records_c~f Palm Beach Count~Florida. Section 4 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed Section 5 That should any section or provision of this ordinance or any portion thereof any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 6 That this ordinance shall become effective immediately upon passage on second and final reading o1~D. No.1a-a9 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST: MAYOR City Clepk First Reading Second Reading 4 ORD. NO. 10-09 ATTACHMENTA .., _. - - ~~~-: Final Report June 13, 2008 Final Report Resurvey of Marina Historic District City of Delray Beach Palm Beach County, Florida Prepared for: City of Delray Beach Planning and Zoning Department Prepared by: Warren F. Adams, M.A., Senior Architectural Historian GAI Consultants, Inc. GAI Project No. 0080480.00 June 13, 2008 Final Report Resurvey of Marina Historic District City of Delray Beach Palm Beach County, Florida Prepared for: City of Delray Beach Planning and Zoning Department Prepared by: Warren F. Adams, M.A., Senior Architectural Historian GAI Consultants, Inc. GAI Project No. 0080480.00 June 13, 2008 Final Report June 13, 2008 Acknowledgements Resurvey of the Marina Historic District This project could not have been completed without the assistance, support, and cooperation of many people in the City of Delray Beach. Special thanks go to Amy Alvarez, Historic Preservation Planner, who provided invaluable technical and professional assistance throughout the survey. Thanks also go to several local residents who, during the fieldwork phase, inquired about the project upon noticing field staff, and were happy to provide any anecdotal information about their property or the neighborhood. Final Report June 13, 2008 Abstract Resurvey of the Marina Historic District Consultant: GAI Consultants, Inc. 301 East Pine Street, Suite 1020 Orlando, Florida 32801 407.423.8398 Client: City of Delray Beach Planning and Zoning Department 100 NW 1St Avenue Delray Beach, Florida 33444 561.243.7040 Scope of Services: Conduct a Resurvey of the Marina Historic District. Principal Investigator: Warren F. Adams, Senior Architectural Historian Purpose: To resurvey the architectural resources in the Marina Historic District and to evaluate the resources for individual eligibility and eligibility as contributors to the historic district, for both local designation and National Register of Historic Places (NRHP) significance. Date(s) Conducted: May 10 -May 16 2008 Project Name: Resurvey of the Marina Historic District City/County/State: City of Delray Beach, Palm Beach County, Florida Survey Area: Within the corporate limits of the City of Delray Beach, the survey area is bounded on the north by East Atlantic Avenue; on the west by the alley between SE 7th Avenue and Federal Highway; on the east by the Intracoastal Waterway; and on the south by SE 4tn Street. Note: the multi-family properties at 35 and 45 SE 7th Avenue are not included in the district. # of Surveyed Resources: A total of 87 properties/structures were surveyed, which included 16 newly identified contributing resources and 45 survey updates. Recommended Actions: Amend the existing Marina Historic District boundary; nominate the amended Marina Historic District to the NRHP under Criterion A (Community Planning and Development), Criterion B (Significant Persons) and Criterion C (Architecture). Final Report June 13, 2008 Resurvey of the Marina Historic District Resurvey of the Marina Historic District at a Glance ® GAI Consultants, Inc. (GAI) surveyed 87 resources. Of those, 45 had been identified in previous surveys and 42 were newly surveyed. ® No resources within the survey area are currently listed in the National Register of Historic Places (NRHP). ® GAI has identified 3 resources that are eligible for NRHP listing. ® GAI has identified 16 additional resources that are eligible for contributing status or that warrant further consideration by the Historic Preservation Board. All of these properties are private residences. Final Report June 13, 2008 Table of Contents Resurvey of the Marina Historic District ACKNOWLEDGEMENTS ...............................................................................................................................I ABSTRACT ................................................................................................................................................ II RESURVEY OF THE MARINA HISTORIC DISTRICT AT A GLANCE ................................................................... III 1.O INTRODUCTION, PROJECT LOCATION, AND PROJECT PURPOSE .............................................................1 1.1 Introduction ........................................................................................................................ ..1 1.2 Project Location ................................................................................................................. ..1 1.3 Project Purpose ................................................................................................................. ..1 2.O METHODOLOGY ..................................................................................................................................4 2.1 Meetings ............................................................................................................................ ..4 2.2 Background Research ....................................................................................................... ..4 2.3 Field Survey and Data Entry ............................................................................................. ..4 2.4 Evaluation .......................................................................................................................... ..5 3.O PREV IOUS SURVEYS IN THE MARINA HISTORIC DISTRICT SURVEY AREA ...............................................F) 3.1 Previous Cultural Resources Surveys in the Survey Area ................................................ ..6 3.2 National Register-Listed Resources in the Marina Historic District .................................. ..6 3.3 Marina Historic District Historic Landmarks ...................................................................... ..6 4.U SURVEY FINDINGS ..............................................................................................................................7 4.1 Architectural Styles in the Marina Historic District Survey Area ....................................... ..7 4.2 Architectural Types in the Marina Historic District Survey Area ....................................... 10 4.3 Surveyed Resources in the Marina Historic District Survey Area ..................................... 11 5.O HISTORICAL OVERVIEW OF DELRAY BEACH ....................................................................................... 15 5.1 Introduction ........................................................................................................................ 14 5.2 Early History of Delray Beach ........................................................................................... 14 5.3 Florida Land Boom (and Bust) in Delray Beach ................................................................ 16 5.4 The Great Depression and World War 11 ........................................................................... 17 5.5 Aftermath of World War II to Present ................................................................................ 17 5.6 History and Development of the Marina Historic District .................................................. 18 F).O EVALUATION OF SURVEYED RESOURCES FOR NRHP LISTING AND AS LOCALLY DESIGNATED HISTORIC PROPERTIES ................................................................................................. 20 6.1 Introduction ........................................................................................................................ 22 6.2 National Register of Historic Places (NRHP) .................................................................... 22 6.3 Historic Significance and the NRHP Criteria ..................................................................... 22 6.4 Applying the NRHP Criteria to the Marina Historic District Survey Area .......................... 22 6.5 Historic Resources Eligible for Individual Listing in the NRHP ......................................... 23 6.6 Marina Historic District Evaluation .................................................................................... 23 7.O SUMM ARY, CONCLUSIONS, AND RECOMMENDATIONS ......................................................................... 2J 7.1 Summary and Conclusions ............................................................................................... 29 7.2 Recommendations ............................................................................................................ 29 8.O REFERENCES CITED .......................................................................................................................... 30 Appendix A The National Register Criteria For Evaluation Appendix B Previously-Surveyed Resources in the City of Delray Beach Marina Historic District Appendix C Newly-Surveyed Resources in the City of Delray Beach Marina Historic District Appendix D Non-contributing Resources in the City of Delray Beach Marina Historic District iv Final Report Resurvey of the Marina Historic District June 13, 2008 List of Figures Figure 1 Project Location-Resurvey of the Marina Historic District ......................................................2 Figure 2 Detail Location of the Marina Historic District ...........................................................................3 Figure 3 Recommended Boundary of the Marina Historic District ........................................................25 List of Photographs Photograph 1 118 SE 7th Avenue (PB10286) ................................................................................. ........7 Photograph 2 50 Palm Square (PB00299) ..................................................................................... ........7 Photograph 3 29 Palm Square (PB00298) ..................................................................................... ........8 Photograph 4 123 SE 7th Avenue ................................................................................................... ........8 Photograph 5 9 SE 7th Avenue (PB10297) ..................................................................................... ........8 Photograph 6 106 SE 7th Avenue (PB10287) ................................................................................. ........9 Photograph 7 60 Palm Square (PB00300) ..................................................................................... ........9 Photograph 8 200 SE 7th Avenue (PB10275) ................................................................................. ........9 Photograph 9 The Anchorage, 60 Marine Way (PB10290) ............................................................ ......10 Photograph 10 816-840 East Atlantic Avenue (PB00245) ............................................................... ......10 Photograph 11 238 SE 7th Avenue (PB10270) ................................................................................. ......14 Photograph 12 Orange Grove House of Refuge, Built in 1876 ........................................................ ......15 Photograph 13 1895 Plat of Town of Linton ..................................................................................... ......15 Photograph 14 John Shaw Sundy Residence, Which Still Stands on South Swinton Avenue ........ ......16 Photograph 15 4th of July Parade 1914, on Atlantic Avenue ............................................................ ......17 Photograph 16 Original Bridge Crossing East Coast Canal, Circa 1910 ......................................... ......17 Photograph 17 The Colony Hotel on East Atlantic Avenue, Built in 1926 ........................................ ......18 Photograph 18 City-owned Parkland and Marina -Marine Way ...................................................... ......19 Photograph 19 Art Moderne commercial property - 700-708 East Atlantic Avenue (PB00244) ...... ......19 Photograph 20 Out-of-Scale New Construction - 325 SE 7th Avenue ............................................. ...... 20 Photograph 21 New Townhomes on the West District Boundary .................................................... ......20 Photograph 22 Marine Villas - 110 Marine Way (PB00267) ............................................................ ......20 Photograph 23 Middle Fontaine Fox Cottage-222 SE 7th Avenue (PB10274) ................................. ......21 List of Tables Table 1 Surveyed Resources-Marina Historic District ...........................................................................11 Table 2 Resources in the City of Delray Beach Marina Historic District Survey Area Eligible for Individual Listing as Delray Beach Historic Landmarks and/or in the National Register of Historic Places ............................................................................................................................23 Table 3 Contributing Resources in the Marina Historic District Survey Area ..........................................27 v Final Report Resurvey of the Marina Historic District June 13, 2008 1.0 Introduction, Project Location, and Project Purpose 1.1 Introduction The Historic Preservation Chapter of the City of Delray Beach Land Development Regulations, which was adopted March 10, 1987, combined with Delray Beach's status as a Certified Local Government (CLG), mandates the City to periodically conduct an inventory of historic architectural resources. The Historic Preservation Chapter calls for identification of all districts, archaeological sites, buildings, structures, improvements and appurtenances within the city. As outlined in the Request for Proposals, this task is projected to be completed no later than June 15, 2008. The Resurvey of the Marina Historic District is intended to provide a detailed report on the development and architecture of the district, and recommendations as to the designation of the district both on the Local and National Registers of Historic Places. The resurvey is to include all contributing and non-contributing buildings and structures within the district boundary and Florida Master Site File (FMSF) forms will be submitted for all buildings and structures over 35 years of age. 1.2 Project Location The Marina Historic District Resurvey area is located within the corporate limits of the City of Delray Beach, in Palm Beach County, Florida (Figure 1). The City of Delray Beach is located on the Atlantic Coast of Florida, south of West Palm Beach, and north of Boca Raton. Palm Beach County is bounded on the west by Glades County and Hendry County, on the north by Martin County, on the east by the Atlantic Ocean, and on the south by Broward County. The Marina Historic District Resurvey Area, which is located south of the downtown area, consists of city blocks that typically follow a rectilinear grid within the corporate limits of the City of Delray Beach. The survey area is bounded on the north by East Atlantic Avenue; on the west by the north/south alley between SE 7th Avenue and Federal Highway from SE 4th Street to SE 1St Street where it veers to the east and then continues north to East Atlantic Avenue alon~ the center line of SE 7th Avenue; on the east by the Intracoastal Waterway; and on the south by SE 4 Street (Figure 2). Note: the multi-family properties at 35 and 45 SE 7th Avenue are not included in the district. 1.3 Project Purpose The City of Delray Beach Planning and Zoning Department initiated this project to ensure that the City's ongoing preservation planning efforts effectively respond to the City's current historic resources. The purpose of this survey project is to augment and update previous survey work conducted, and provide information on pre-1973 resources not previously surveyed. The collected information will assist the City in the factual understanding of its historic resources and allow for the appropriate future planning of the Marina Historic District and its immediate surroundings. SOURCE: DELRAY BEACH AERIAL MAPPING (2008) SURVEY AREA (EXISTING MARINA HISTORIC DISTRICT) FIGURE 2 DETAIL LOCATION OF THE MARINA HISTORIC DISTRICT 3 Final Report June 13, 2008 2.0 Methodology Resurvey of the Marina Historic District The Resurvey of the Marina Historic District was conducted between May 10 and May 16, 2008 by GAI Senior Architectural Historian Warren Adams. The survey consisted of four phases: 1) meetings, 2) background research, 3) field survey and data entry, and 4) evaluation of resources within the study area for their eligibility for local and national landmark status. 2.1 Meetings Several meetings were held in connection with this project. Akick-off meeting with the City of Delray Beach Planning and Zoning Department was held on April 15, 2008 at the City offices in Delray Beach. This meeting covered the project background, schedule, purpose and goals, and recommended research sources and local contacts. On May 19, 2008, Warren Adams held a meeting with Amy Alvarez at the City of Delray Beach Planning and Zoning Department to give an overview of the survey process and survey findings and to discuss the Draft Report. On May 21, 2008, the progress of the survey and report was discussed with Amy Alvarez (City of Delray Beach Preservation Planner), Paul Dorling (City of Delray Beach Director of Planning and Zoning), and Susan Ruby (City of Delray Beach City Attorney). On the same day, a progress report was also presented to the City's Historic Preservation Board (HPB) at their regular meeting as a Discussion Item. 2.2 Background Research GAI conducted a search of the Florida Master Site File (FMSF) database for previously surveyed historic resources and previous cultural resource management reports. Presently there are 45 resources with FMSF numbers located in the study area. The previous surveys in the City of Delray Beach are described more fully in Section 3 of this report. GAI Senior Architectural Historian Warren Adams conducted additional research on the general history and development of the Marina District and the City of Delray Beach to augment the information provided in the FMSF forms. This included a review of information on previously surveyed buildings and structures, published histories of the City of Delray Beach, and Sanborn maps depicting the project area. Further research was also undertaken in the City of Delray Beach Planning and Zoning Department, where building record cards and HPB reports by City Staff were consulted to check for any alterations to structures within the project area. 2.3 Field Survey and Data Entry The existing boundary of the Marina Historic District study area (see Figure 2) was established by the original designation of the district in 1988. The boundary was established to include resources that represent the best architectural examples which fall within the period of significance and that convey the historic architectural character and the historical spatial development of the neighborhood. GAI Senior Architectural Historian Warren Adams conducted the field survey phase of this project between May 10 and May 16, 2008, systematically walking street-by-street to update the existing information and to identify newly contributing architectural resources within the historic district. The field survey phase involved the documentation of architectural resources in the survey area. The architectural resources were photographed and recorded on FMSF Forms and entered into the SmartForm 11 database program. The architectural styles, features, and settings of these resources were recorded, and any major changes or alterations to the resources were noted. All copies of the photographs for use by the City were prints processed from digital images taken during the field survey phase. Photographs submitted to the FMSF were digital images on a compact disc, as well as prints on plain paper. Original FMSF forms and supporting materials were submitted to the City of Delray Beach Planning and Zoning Department and to the FMSF in Tallahassee. GAI expected to identify a large number of resources that had been previously recorded in the FMSF, based on the completion of the original designation. This expectation was verified in the field. Since the original survey, the Marina Historic District has experienced a significant level of inappropriate development both within and adjacent to the district boundary and has lost some contributing resources as a result of demolition and alterations. These factors led GAI to expect a number of negative impacts to the district as a whole, which could potentially result in a proposed amendment to the existing district boundary. 4 Final Report June 13, 2008 2.4 Evaluation Resurvey of the Marina Historic District There were three principal goals of the resurvey of the Marina Historic District: 1) evaluate the historic properties in the Marina Historic District survey area for their status as contributors or non-contributors within the district; 2) evaluate the historic resources for eligibility in the National Register of Historic Places (NRHP), either individually, or as part of a historic district; and 3) evaluate the existing district boundary to determine if it should be amended. The evaluations were based on the information collected during the fieldwork and background research phases of the survey, the NRHP Criteria (Appendix A), National Register Bulletin 15-How to Apply the National Register Criteria for Evaluation, National Register Bulletin 21-Defining Boundaries for National Register Properties, and the City of Delray Beach Land Development Regulations Section 4.5.1(B) Criteria for Designation of Historic Sites or Districts. 5 Final Report Resurvey of the Marina Historic District June 13, 2008 3.0 Previous Surveys in the Marina Historic District Survey Area GAI conducted a search of previous historic architectural surveys conducted within the Marina Historic District. Three previous cultural resource surveys have been identified that included all or part of the project area. The identified architectural and historical surveys, which have been conducted since 1988, are summarized below. 3.1 Previous Cultural Resources Surveys in the Survey Area The first survey of the Marina Historic District was undertaken in 1988 for the creation of the historic district. This initial survey consisted of an overview of all resources within the existing district boundary and identified 51 contributing buildings and 45 non-contributing buildings. The contributing buildings were built between 1922 and 1943, with the predominant architectural styles being Mediterranean Revival and Minimal Traditional. Other architectural styles included Art Moderne, Colonial Revival, Bungalow, Vernacular, Monterey, and Mission. The report also noted the most significant structures within the district, which included: The Presidential (700 East Atlantic Avenue); The Boyd Building (840 East Atlantic Avenue); The Christian Science Church (200 SE 7th Avenue); The Anchorage (66 Marine Way); Marine Villas (110 Marine Way); The Fontaine Fox Cottages (238, 232, 228, and 222 SE 7th Avenue); and the early Mission style townhouses at 46-48 Marine Way. Following the original survey, no other comprehensive district-specific surveys have been undertaken. However, in 1999, Janus Research updated the previously available information on contributing structures as part of their citywide survey, and in 2006, REG Architects included a general overview of the district in the amended Historic Preservation Design Guidelines. The amended guidelines list 44 structures as contributing to the district and, with concern, note the level of new development, particularly in the southern portion of the district. 3.2 National Register-Listed Resources in the Marina Historic District The City of Delray Beach currently has five properties listed on the National Register; however, none are located within the Marina Historic District. 3.3 Marina Historic District Historic Landmarks In 1987, The City of Delray Beach enacted its first historic preservation ordinance, which resulted in the creation of the Historic Preservation Board (HPB). The HPB's duties, according to the ordinance, include recommending historic sites and districts to the City Commission. The City currently has 30 individually designated historic sites; however, none are located within the Marina Historic District. 6 Final Report Resurvey of the Marina Historic District June 13, 2008 4.0 Survey Findings 4.1 Architectural Styles in the Marina Historic District Survey Area Vernacular Vernacular buildings were typically designed and constructed by lay builders who utilized traditional building techniques. When America transformed from an agrarian to an industrial nation in the late nineteenth century, mass production was more widely practiced, leading to the standardization of building elements. Decorative features often were derived from other historical styles that may result in a classification of Vernacular with elements that are tied to a specific architectural style. For example, residential buildings in Delray Beach are frequently a vernacular type, but have recognizable features associated with Mediterranean Revival, Mission, or Classical styles. Frame Vernacular Frame Vernacular houses were built in the Marina Historic District beginning in the mid-1920s and continued in popularity into the 1940s, although there are also a small number of more recent examples including the resource at 24-26 Marine Way that contains some classical detailing. Features of this building type typically include hipped or gable roofs, a gable-end facade, open or screened front porches with a hipped or gable roof, and a central entrance. Other architectural details can include exposed rafter tails, gable-end vents, shutters, simple porch columns, and chimneys. Frame vernacular houses are usually sided with weatherboard or novelty siding, and are sometimes trimmed with contrasting cornerboards. Almost all of the houses of this style in the Marina Historic District are one story. A good example of the Frame Vernacular style in the survey area is illustrated by: Photograph 1-118 SE 7th Avenue (P810286) Masonry Vernacular buildings share many of the characteristics as those constructed in the Frame Vernacular style. They tend to be simple, largely unornamented, and constructed from readily available building materials. Masonry Vernacular houses were built within the Marina Historic District from 1928- 1957. They are a mixture of one- and two-story single family residences and one- and two-story multiple family units. Houses built in this style within the district are typically finished with smooth stucco and have hipped, gable, or flat roofs. Features of this building type include exposed rafter tails, gable vents, shutters, brick veneer and detailing, decorative metal trellises, and chimneys. Window types include double hung sash, jalousie, and awning. A good example of Masonry Vernacular architecture in the survey area is shown in Photograph 2: Photograph 2-50 Palm Square (P800299) 7 Masonry Vernacular Final Report June 13, 2008 Minimal Traditional Resurvey of the Marina Historic District The term Minimal Traditional describes the transition that occurred in residential design from the period just before World War II through the 1950s. As housing became affordable and new building technologies allowed for prefabrication and mass production, homes became simpler. The Minimal Traditional style developed as a compromise style, reflecting traditional forms while utilizing a minimum of decorative details. The roofs of this style are typically low or intermediate, with close eaves and rake. Typically, but not always, these houses have large chimneys and afront-facing gable, reflecting the popularity of the Tudor style cottages that were so popular in the 1920s and 1930s. These houses, which are usually clad in wood or stucco and sometimes with a partial facing of stone, rock or brick, are relatively small, one-story, modest residences. A number of Minimal Traditional-style houses are present in the survey area, including: Photograph 3-29 Palm Square (P800298) Ranch This style, which originated in California in the 1930s, continued in popularity through the 1970s. Features of this style include a maximized facade width, which is increased by built-in garages, a nearly standard amenity on these houses; a low-pitched roof, usually extending on the front to shelter a porch or stoop; an asymmetrical design; and ribbon or large picture windows with decorative shutters. A small number of Ranch style houses are located within the Marina Historic District. A good example is illustrated by: Photograph 4-123 SE 7th Avenue This style was popular in Florida from the 1920s through the 1940s. Features of this style include frame construction with weatherboard or novelty siding; slow-pitched roof, usually extending on the front to shelter a porch; wide overhanging eaves; exposed rafter tails; multi-pane upper sash; and an off-center entrance. They are typically one to one-and-a-half stories in height. A well-preserved example of the Bungalow style in the survey area is illustrated by: Photograph r9 SE 7th Avenue (P810297) 8 Craftsman-style Bungalows Final Report June 13, 2008 Resurvey of the Marina Historic District Mission Style The Mission style can be traced back to the Mission style California mission churches established by Father Junipero Serra during the 1700s. Built throughout Delray Beach, the Mission style was particularly popular during the Florida Land Boom period. This style features cone- or two- story height, smooth- or rough-textured stuccoed walls, a flat roof obscured by a parapet which may be shaped, clay the shed roofs over windows and doors, Craftsman-style windows, exposed drain spouts, and arched openings. A well-preserved example of the Mission Style in the survey area is shown in Photograph 6: Photograph 6-106 SE 7t`' Avenue (P810287) This style first was developed in the Palm Beach area of Florida in the early 1920s and was popularized by Florida architect Addison Mizner, who constructed elaborate and scrupulously detailed Mediterranean Revival style mansions for his wealthy clients. Built in the survey area from the mid 1920s to the late 1930s, Mediterranean Revival style houses typically feature a one- or two-story height, frame or clay the construction with stuccoed (smooth or textured) exterior, a shaped parapet, clay the roof(s), arched window heads, decorative iron grillwork, stucco and brick steps, and decorative drain spouts. There are a number of examples of the Mediterranean Revival Style in the survey area, as illustrated by: Photograph 7-60 Palm Square (P800300) be derived from the Philadelphia Centennial Exposition of 1876, where many Colonial-inspired buildings were interpreted. Twentieth century Colonial Revival buildings are usually free interpretations of the original; therefore, elements of Georgian, Federal, or Adam styles often are combined. Typically, details include a symmetrical plan shape, wood siding exterior, sash windows, and classically-inspired details such as columns and dentils. The only Colonial Revival example in the survey area is: Photograph 8-200 SE 7th Avenue (P810275) 9 Mediterranean Revival Style Colonial Revival Style The early origin of this style can Final Report June 13, 2008 Monterey Resurvey of the Marina Historic District This residential type is named for the colonial capital of California during the Spanish occupation. The Monterey style was popular in Florida from the 1930s through the 1950s. The principal feature of the Monterey style is a second story porch that cantilevers over the first floor and is covered by the principal roof. Details include frame or masonry construction with wood or stucco exterior, double-hung sash or casement windows, and the or shingle roof coverings. There is only one example of the Monterey style in the survey area: Photograph 9-The Anchorage, 60 Marine Way (P810290) Art Moderne a product of the modern movement in architecture. Art Moderne reflects the citement over technological advancements, high speed transportation, and innovative new construction techniques. During the 1930s and 1940s, the Art Moderne style was one of the most popular styles found throughout Florida. Characteristic features include smooth wall surfaces, flat roofs, asymmetrical plans, and a horizontal emphasis. Other features include grooves, bands, and balustrades that contribute to the horizontality of the buildings and common materials include glass block, mirrored or stainless steel panels and aluminum doors and window trim. A fine example of an Art Moderne commercial building is: Photograph 10-816-840 East Atlantic Avenue (P800245) 4.2 Architectural Types in the Marina Historic District Survey Area The Marina Historic District survey area contains a limited range of architectural types, reflective of its history as a primarily residential area of the city. Single-family residences with uniform setbacks from the 1920s to 1960 are set on a grid street plan and make up the overwhelming majority of the building stock in the survey area. Lot sizes vary with the largest residential lots being situated on the Intracoastal Waterway. The most common architectural styles are Masonry and Frame Vernacular, Minimal Traditional, and Mediterranean Revival, with isolated examples of Mission, Monterey, Colonial Revival, Craftsman Bungalow, Ranch, and Art Moderne. Buildings in the southern section of the survey area range from small traditional residences to large, recently-built single family homes. Multiple-family residences within the survey area date from 1937 through 1996 and are a mixture of one- and two-story structures. The majority of these structures are Masonry Vernacular in style although there is also one example of the Monterey style. 10 Art Moderne is considered early twentieth century ex Final Report Resurvey of the Marina Historic District June 13, 2008 Commercial buildings in the northern section of the survey area are concentrated along East Atlantic Avenue. The five commercial structures were built between 1931 and 1996 and are a mixture of architectural styles consisting of Art Moderne, Mission, Masonry Vernacular, and a modern interpretation of the Mediterranean Revival style. The structures range from one to three stories in height with glass storefronts facing the street. Isolated examples of other building types and property uses found in the survey area include a church, parking lots, and a marina and park on Marine Way. 4.3 Surveyed Resources in the Marina Historic District Survey Area GAI surveyed 87 resources in the Marina Historic District project area in May 2008. This number includes survey updates for 45 previously surveyed resources, 16 newly identified contributing resources, and 28 non-contributing resources (listed in Appendices B, C, and D respectively). Each entry in Table 1 (below) includes the FMSF number, date of construction (either documented or estimated), name (where applicable), address, and its architectural style. Resources highlighted in bold are listed as contributing structures within the Marina Historic District. The National Register- and locally-eligible resources also are listed in Section 6. Table 1 Surveyed Resources-Marina Historic District The Presidential Building/Turner PB00244 1940 Property N/C 1996 Northern Trust Bank PB10154 11951 I The Blue Anchor PB10155 (1931 PB00245 PB 13901 PB00264 PB 13902 PB00265 PB00266 PB 10290 PB00267 N/C 1939 1960 1925 1926 1925 1940 1941 1937 1975 The Boyd Building N/C N/C PB00269 PB 10276 PB00298 2002 1996 1940 1948 1938 The Anchorage Marine Villas East Atlantic 700-708 Avenue East Atlantic 770 Avenue East Atlantic 802-804 Avenue East Atlantic 812-814 Avenue East Atlantic 816-840 Avenue 24-26 Marine Way 30 Marine Way 46 Marine Way 48 Marine Way 54 Marine Way 60 Marine Way 110 Marine Way 116 Marine Way 126-140 Marine Way 150 Marine Way 160 Marine Way 200 Marine Way 29 Palm Square Masonry Vernacular Minimal Traditional 11 Final Report June 13, 2008 PB10295 1938 Resurvey of the Marina Historic District 33 Palm Square Minimal Traditional PB10296 1937 36 Palm Square PB10294 1938 42 Palm Square PB10293 1940 49 Palm Square PB00299 1939 50 Palm Square PB10292 1940 57 Palm Square PB00300 1928 60 Palm Square PB10289 1940 65 Palm Square PB00374 1925 701 SE 1st Street PB00375 1925 707 SE 1st Street PB13903 1953 705-711 SE 2"d Street PB00388 N/A 706 SE 2nd Street PB10269 1925 708 SE 3~d Street N/C (1989 711 SE 3~d Street N/C 1938 603 SE 4th Street PB10297 1925 9 SE 7th Avenue PB10288 1939 55 SE 7th Avenue PB13904 1950 101 SE 7th Avenue PB00465 1937 The Mews at Sloan Hammock 102 SE 7th Avenue PB10287 1925 Sloan Hammock 106 SE 7th Avenue PB13905 1968 111 SE 7th Avenue N/C 1996 114 SE 7th Avenue PB10286 1935 (East Building) 118 SE 7th Avenue PB13906 1935 (West Building) 118'/2 SE 7th Avenue PB10285 1935 (East Building) 122 SE 7th Avenue N/C 1989 (West Building) 122'/2 SE 7th Avenue PB13907 1953 123 SE 7th Avenue PB10283 1949 126 SE 7th Avenue PB10284 1951 127 SE 7th Avenue PB00466 1925 129 SE 7th Avenue PB10281 1939 130 SE 7th Avenue PB10282 1925 131 SE 7th Avenue PB10279 1947 134 SE 7th Avenue PB10277 1947 138 SE 7th Avenue 12 Final Report June 13, 2008 PB10278 1925 West Building Resurvey of the Marina Historic District 139 SE 7th Avenue Mission PB13908 1960 ~ East Building N/C c.2004 PB13909 c.1924 East Building PB13910 1967 West Building N/C N/A Church Parking Lot PB10275 1945 First Church of Christ Scientist PB13911 1954 PB13912 1948 PB13913 1951 PB13914 1922 PB13915 1959 Fontaine Fox North Building PB10273 1935 PB10274 19 Fontaine Fox Middle Building PB10272 1937 ~ Fontaine Fox South Building N/C 1991 PB10271 (1938 N/C 1989 PB10270 1937 PB13916 1970 PB13917 1972 PB13918 1957 PB13919 1954 PB10268 1947 N/C 1992 N/C 1977 N/C I c.2004 N/C (c.2004 N/C (1992 N/C 2004 PB13921 1956 139 SE 7th Avenue 142 A&B SE 7th Avenue 143 SE 7th Avenue 143 SE 7th Avenue 146 SE 7th Avenue 200 SE 7th Avenue 203 SE 7th Avenue 209 SE 7th Avenue 213 SE 7th Avenue 214 SE 7th Avenue 218 SE 7th Avenue 219 SE 7th Avenue 222 SE 7th Avenue 228 SE 7th Avenue 229 SE 7th Avenue 232 SE 7th Avenue 237 SE 7th Avenue 238 SE 7th Avenue 242 SE 7th Avenue 244 SE 7th Avenue 300 SE 7th Avenue 303 SE 7th Avenue 305 SE 7th Avenue 310 SE 7th Avenue 314-318 SE 7th Avenue 315 SE 7th Avenue 319 SE 7th Avenue 321 SE 7th Avenue 325 SE 7th Avenue 330 SE 7th Avenue 13 Final Report June 13, 2008 Resurvey of the Marina Historic District PB13922 1962 332 SE 7th Avenue Minimal Traditional Modern Mediterranean N/C 1999 335 SE 7th Avenue Revival PB10265 1953 340 SE 7th Avenue Masonry Vernacular Modern Masonry N/C 1996 345 SE 7th Avenue Vernacular The following should be noted: The status of the property located at 238 SE 7th Avenue has been changed from contributing to non- contributing due to inappropriate new construction on the property. The new construction both dominates and almost completely obscures the original one-story historic structure. Photograph 11 - 238 SE 7th Avenue (P810270) An application to demolish the structure at 213 SE 7th Avenue was approved in 2007. 14 Final Report June 13, 2008 5.0 Historical Overview of Delray Beach 5.1 Introduction Resurvey of the Marina Historic District The following narrative is not a history in the conventional sense. Instead, it provides a historic context or framework for the evaluation of the surveyed buildings and structures in the Marina Historic District survey area for possible national/local historic designation, both individually and as contributors to the historic district. This historic overview is organized around important milestones in the history of Delray Beach, and also highlights important historical themes, such as settlement. The concluding section of this chapter ties together the important historical themes in the 2008 Marina Historic District resurvey area as illustrated by examples of local architecture. 5.2 Early History of Delray Beach Development in the vicinity of Delray Beach began in 1876, with the construction of the Orange Grove House of Refuge No. 3 by the United States Life Saving Corps. This building was built on the shores of the Atlantic Ocean in what is now Delray Beach, and was named for the nearby sour orange grove. This building was one of nine houses of refuge constructed on the east coast of Florida, from New Smyrna to Biscayne Bay. These buildings were constructed to serve as life saving stations for shipwrecked sailors or for travelers passing from the northern point of Jupiter south to Miami. The Zion Post Office was constructed near present-day Delray Beach in 1885, and it served as a stop for the Barefoot Mailman, who would make an overnight stop on his route between Juno Beach and Lemon City, located just north of Miami (Janus Research 2002: 10). Photograph 12-Orange Grove House of Refuge, Built in 1876 In 1894, William S. Linton, a postmaster from Saginaw, Michigan, traveled to south Florida with his friend and bookstore owner David Swinton. While in West Palm Beach, they became aware of a land sale being held near the House of Refuge and traveled down the East Coast Canal by barge to see the land. Ultimately, Linton and Swinton purchased 160 acres of land from Captain George Gleason of Jacksonville, who originally purchased the land in 1868 under the provisions of the Homestead Exemption Act (Farrar 1974: 12). Linton, in turn, platted a town in his name on this land. He returned to Michigan and began an advertising campaign to promote his investment and to draw settlers to his new town. The 1895 Plat for the Town of Linton laid out a central business district, residential lots, a school lot, and a race track. Photograph 13-1895 Plat of Town of Linton In 1896, with the arrival of Henry Morrison Flagler's Florida East Coast (FEC) Railway, subdivisions were platted and the Town of Linton was officially recorded, in a partnership between Linton and Flagler's Model Land Company. Many of the new local residents went to work for Flagler, clearing and grading the railroad route and laying rails (Nielander 1995: 7). Black families from northern Florida also began to arrive and settled west of and near the Town of Linton, in an area known as the Sands, which got 15 Final Report June 13, 2008 Resurvey of the Marina Historic District its name from its sandy soil. This area is known today as the West Settler's Historic District. Many of these new families found the area suitable for settlement and opportunity, and in turn, they encouraged relatives and friends to relocate to the area (Janus Research 2003:2). The new settlers to Linton, however, would quickly find themselves tested by several adverse events, including a freeze that destroyed many of the crops and a hurricane that brought devastation to their property. As a result, many of the settlers, including William S. Linton, found themselves financially ruined from the losses of crops and personal property. Many of the town's residents traveled back to Michigan or south to Miami. The news of Linton's financial demise spread to Michigan; subsequently, fewer people were willing to risk settlement in the new town. Because the name Linton had become associated with these catastrophic events, those citizens who remained decided to change the name of the town, both to attract new residents and to minimize the failure associated with William Linton. The name Delray was chosen, as it was also the name of the Detroit suburb where resident Warren W. Blackmer originally lived (Farrar 1974: 27). At the turn of the 20th century, the railroad spurred growth in the town, and the population expanded. Regular freight and passenger services were offered, and construction began to increase, including completion of two schools, a general store and commissary, and multiple churches (Janus Research 2002: 12). Flagler's Model Land Company also brought a number of Japanese immigrants to the area during this period. These immigrants settled just south Delray, forming a colony called Yamato. Flagler encouraged the Japanese settlers to establish farming communities, and pineapples became their principal crop. Colony founder Jo Sakai recruited young men from his native village of Miyazu, as well as other surrounding towns, to emigrate to Florida. Yamato Colony settlers frequented Delray, often participating in social events, educational activities, and trade. However, the Yamato settlement never reached more than 100 people, and a combination of a downturn in the pineapple market as well as competition from Cuban pineapple growers resulted in the near disappearance of the colony by 1920 (Janus Research 2003: 2). The early 20th century witnessed steady growth in Delray. During the first decade of the 1900s, the town continued its transformation from a small farming community to a destination favored by new residents and winter visitors. Atlantic Avenue grew as the commercial center of the town, and construction of hotels and commercial buildings occurred along this improved road, which was covered in stones from Swinton Avenue to the East Coast Canal. Communications in Delray were also improved at this time, as the West Palm Beach Telephone Company provided telephone service to the town (Janus Research 2002: 12). In 1909, Palm Beach County was created when it was carved out of the northern portion of Dade County. The town continued its evolution during the second decade of the 1900s, as the growing population allowed for increased investments and improvements. In 1911, the Town of Delray was incorporated, and John Shaw Sundy was elected the first mayor (Sundy's house still stands in the Old School Square Historic Arts District). The incorporated Town of Delray consisted of land located west of the East Coast Canal. Photograph 14-John Shaw Sundy Residence, Which Still Stands on South Swinton Avenue 16 Final Report June 13, 2008 Resurvey of the Marina Historic District Photograph 15-4t'' of July Parade 1914, on Atlantic Avenue Delray continued to progress in the 1910s, through improvements such as construction of the first bridge across the East Coast Canal at Atlantic Avenue, organization of the first bank, inception of the first newspaper, and construction of the first electric plant, in 1914 (Bundy 1963: 2). Entertainment and recreation was also important to the residents of Delray, as a movie theater, The Bijou, was constructed in 1917. By 1920, the population census noted 1,051 residents living in Delray (Janus Research 2002: 13). Photograph 16-Original8ridge Crossing East Coast Canal, Circa 1910 5.3 Florida Land Boom (and Bust) in Delray Beach Following the end of World War I, which did not have a pronounced effect on Delray due to its relative isolation, a period of prosperity began in the area and throughout Florida. Many people were drawn to Florida's mild climate, and the proliferation of automobiles and road improvements teamed to bring many settlers to the Delray area. Known as the "Ocean City," the prime location and wealth of available land made Delray a top attraction for new residents (Janus Research 2003: 3). Land auctions were held daily in a tent on Atlantic Avenue, and commercial and residential buildings sprang up throughout the town. A number of new subdivisions were also developed throughout Delray, allowing middle-income families an opportunity to purchase homes. By 1923, the increased settlement prompted incorporation of the Town of Delray Beach, located between the East Coast Canal and the Atlantic Ocean. Shortly thereafter, in response to the housing shortage and to fill subdivisions in the town, the Delray Realty Board initiated a "Build-a-Home" program in 1925. Moderately-priced homes were constructed throughout the town to accommodate the increased demand for housing, and many of these homes were built in the popular styles of the time, including Spanish-influenced Mediterranean Revival and Mission styles, fashionable in the Palm Beach area during the 1920s, and the Frame Vernacular (borrowing many Bungalow influences) styles. By 1927, the Towns of Delray and Delray Beach merged, and were incorporated as the City of Delray Beach (Janus Research 2002: 18). 17 Final Report June 13, 2008 Resurvey of the Marina Historic District Photograph 17-The Colony Hotel on East Atlantic Avenue, Built in 1926 Although development was growing at an exponential rate, and the numbers of full- time and seasonal residents continued to increase, the land boom came to a jarring halt. By the end of 1925, many real estate investors began to cancel transactions, as they became panicked by the news of bogus Florida real estate ventures. Prices and demand for Florida real estate had become so exaggerated that there was little basis for the inflated market. By August of 1926, the FEC Railroad stopped shipment of construction materials, severely hampering construction (Curl 1987: 94). The downfall was further exacerbated by two devastating hurricanes which passed through Palm Beach County in 1926 and 1928. The 1928 hurricane was particularly damaging to Delray Beach, as more than 227 houses were destroyed in the storm (Farrar 1974: 66). By the end of the 1920s, along with the crash of the stock market, Florida's real estate was rendered virtually worthless. 5.4 The Great Depression and World War II Despite the economic ravages of the Great Depression, Delray Beach maintained its status as a resort community during the 1930s. The city became a popular destination for cartoonists and writers during this period, as many maintained offices or studios in the Arcade Building on Atlantic Avenue (Britt 1984: 159). Construction projects on Ocean Boulevard and the Intracoastal Waterway also began to increase during this period, and subdivisions such as Ocean Breeze Estates and Seabreeze Park were platted and developed. Local architects began to design homes in lighter and simpler forms, providing a more stylish and practical response to those homes constructed during the Land Boom period (Groover 1998: 70). By the end of the 1930s, daily life in south Florida was being shaped by the looming threat of war. Florida was to become one of the military's major training grounds, and new training facilities were located on Yamato land. Families were evicted from their homes, and Delray Beach became a refuge for Japanese families escaping forced interment. Tourism, which had long been the state's major industry, was curtailed as hotels were converted for use as military housing. The influx of servicemen and their families necessitated an increase in industrial and agricultural production. Delray Beach was at the center of military involvement in Florida, as local men enlisted in the armed forces while women ran businesses and participated in war-related volunteer activities. Blackouts were common during evening hours, as German submarines patrolled off the east coast of Florida (Curl 1987: 109). The proximity of Delray Beach to a number of military installations in the area resulted in many military personnel and their families living in the city during the war. These families were taken by the atmosphere and climate of the area, and many decided to remain after the war (Janus Research 2003:4). 5.5 Aftermath of World War II to Present Following World War II, communities in Florida began to grow at a rapid rate. Many of the World War II veterans who were stationed in Florida returned to establish permanent or seasonal residency. Since these new residents were faced with a housing shortage, many homes, including prefabricated homes, were quickly and efficiently constructed using the latest in building technology. In addition to the rapid growth of permanent and seasonal residents, the tourist population increased dramatically, reaching prewar levels (Janus Research 2002: 20). By the 1950s, architects began designing homes in Delray Beach that capitalized on ease of construction and suitability to the local climate. Many homes in the Palm Trail and Chevy Chase neighborhoods were constructed with 2-car garages, metal frame jalousie or awning windows, and low-pitched roofs. These architects also used a U-shaped plan to include a rear patio space, which was a good response to 18 Final Report Resurvey of the Marina Historic District June 13, 2008 indoor/outdoor living in a temperate climate and which promoted natural air circulation (Janus Research 2002: 21). Another wave of settlement in Delray Beach occurred in the 1960s and 1970s, in response to the relocation of large corporations such as IBM and Motorola to the area. Along with construction of offices and manufacturing facilities in the surrounding areas, suburban developments were built near Delray Beach, and many of the new residents found these suburbs much more attractive than neighborhoods near downtown (Curl 1987: 124). As a result of suburban development, shopping areas and amenities were built outside of the downtown area, and the resulting shift toward suburbanization had a negative effect on Delray Beach. In the 1980s, Delray Beach initiated efforts to revitalize the heart of downtown, by emphasizing the benefits of historic preservation and improving the infrastructure along the principal business thoroughfares. This effort continued through the 1990s and into the 2000s, as Delray Beach has sought to maintain its historic character and preserve its built environment by placing a renewed emphasis on the benefits of living and conducting business in and around the downtown area. 5.6 History and Development of the Marina Historic District The Marina Historic District is unique to the City of Delray Beach because of its proximity to East Atlantic Avenue and the Intracoastal Waterway. The district is laid out on a grid pattern and the majority of streets are lined with large shade trees. There is an area of city-owned parkland on the east side of Marine Way adjacent to the marina. Photograph 18 -City-owned Parkland and Marina -Marine Way The historic architectural fabric in the Marina Historic District dates from 1922 to 1960. Frame and Masonry Vernacular, Minimal Traditional, and Mediterranean Revival style buildings represent common stylistic preferences in the survey area from this period. Buildings in these styles are found throughout the Marina Historic District, along with examples of Monterey, Mission, Art Moderne, Ranch, Colonial Revival, and Craftsman Bungalow. While the predominant use within the district is residential, there is one church located at 200 SE 7tn Avenue and several commercial properties on East Atlantic Avenue. Photograph 19-Art Moderne commercial property - 700-708 East Atlantic Avenue (P800244) There has been a significant amount of new development which negatively impacts the southern end of the historic district within the 300 block of SE 7tn Avenue. This new development consists of large, out of scale homes along the Intracoastal Waterway which are not compatible with the historic character of the district. Understandably, these large, waterfront lots are extremely desirable; however, the scale and style of the 19 Final Report June 13, 2008 Resurvey of the Marina Historic District The properties on the west side of the 300 block of SE 7tn Avenue are also negatively impacted by the new four-story townhomes built to their rear. The townhomes are outside the historic district and are subject to different zoning regulations; however, they dominate the small, one-story homes within the district. Photograph 20 -Out-of--Scale New Construction - 325 SE 7th Avenue Photograph 21 -New Townhomes on the West District Boundary The Marina Historic District is home to a number of individually significant structures and showcases some of the area's most accomplished architects. Built in 1939 and designed by Gustav Maas, the "Boyd Building" at 840 East Atlantic Avenue is a fine example of a commercial building in the Art Moderne style. The "Marine Villas" at 110 Marine Way were designed by Sam Ogren, Sr. in the Mediterranean Revival style. The four individual cottages have been extremely well maintained and each has a different the design around its door. Ogren also built the Monterey style "Anchorage" at 60 Marine Way and designed and executed the facade renovation of the First Church of Christ Scientist. The church, which served as a chapel to the US Army Air Force Base in Boca Raton, was originally constructed in 1942 and relocated to 200 SE 7tn Avenue in 1949. Other Ogren works include the structures at 200 Marine Way and 203 SE 7tn Avenue. The cottage located at 707 SE 1St Street and relocated from Boca Raton in the 1930s was designed by renowned architect Addison Mizner. Photograph 22 -Marine Villas - 110 Marine Way (P800267) Other historically significant properties include the "Fontaine Fox Cottages" at 218, 222, and 228 SE 7tn Avenue. Fox, a famous cartoonist and creator of "Toonerville Trolley", was a notable winter resident of Delray Beach. The west side of the 300 block of SE 7tn Avenue contained the "Blank Nurseries". The John 20 new structures is inappropriate for the district. Final Report June 13, 2008 Resurvey of the Marina Historic District Rudolph Blank family came to Delray in 1903 from Bay City, Michigan, which makes them part of the early "Michigan Connection" as the settlers from the Saginaw area were called. They founded the first tropical plant nursery in the area, left a legacy of shade trees throughout the area and lived in several structures on the 300 block. Photograph 23 -Middle Fontaine Fox Cottage- 222 SE 7th Avenue (P810274) 21 Final Report Resurvey of the Marina Historic District June 13, 2008 6.0 Evaluation of Surveyed Resources for NRHP Listing and as Locally Designated Historic Properties 6.1 Introduction GAI evaluated the 87 surveyed resources in the Marina Historic District for their eligibility as locally- designated historic properties and for listing in the National Register of Historic Places (NRHP). These resources were also evaluated for their potential to be collective contributing elements in the historic district, eligible for listing in the NRHP and as contributing elements in the Marina Historic District. GAI utilized the criteria and standards relevant for each historic register, including National Register Bulletin 15-How to Apply the National Register Criteria and the criteria defined in Section 4.5.1 -Historic Preservation Sites and Districts, in the City of Delray Beach Land Development Regulations. 6.2 National Register of Historic Places (NRHP) The NRHP provides recognition for individual buildings and historic districts significant on the national, state, and local levels. One important function of the NRHP is to identify significant properties that federal, state, and local planners should carefully consider when developing projects. Specifically, any project involving federal or state funding, permitting, licensing, or assistance must avoid adverse impacts to the NRHP-listed or -eligible property. Listing in the NRHP, either individually or as part of an historic district, may make a property eligible for a Federal Income Tax Credit. The property must be income producing and may qualify for up to a 20% income tax credit. In Florida, counties and cities can grant ad valorem tax relief for owners of historic properties. NRHP-listed properties also may be eligible for some American with Disabilities Act (ADA) and building safety code adjustments. 6.3 Historic Significance and the NRHP Criteria The NRHP lists individual landmarks and historic districts that satisfy specific criteria for significance and standards for architectural integrity (Appendix A). The significance of an individual landmark or an historic district is assessed against the historic context established for the surrounding city, county, region, or state. The historic context written for the Marine Historic District architectural survey area established important historical themes and time periods against which the area's historic resources can be evaluated. GAI evaluated the integrity of individual resources in the survey area, as well as the integrity of the neighborhood within the survey area. The integrity of an individual historic resource or an historic district carries equal weight with its historic significance in assessing eligibility for listing in the NRHP. Alterations and additions to historic resources may affect the integrity of individual resources. Generally, buildings in the survey area have been altered or added to in some degree over the years and a number of new, large, and out-of-scale infill structures have been constructed to the south of the survey area that adversely affect the integrity of the district as a whole. 6.4 Applying the NRHP Criteria to the Marina Historic District Survey Area The three NRHP Criteria (Criteria A, B, and C) relating to historic structures were applied to individual historic resources and the Marina Historic District survey area. ® Criterion A relates to significance in the broad patterns of history on the national, state, or local level, as well as association with important historical events. The Marina Historic District is significant under Criterion A for its association with the development of early neighborhoods in Delray Beach. This collection of resources was one of the early neighborhoods platted in the city. The district also represents two periods of rapid settlement of the city, during the Land Boom of the 1920s and the post World War II growth from the 1940s through the 1950s. ® Criterion B relates to an individual resource's association with a person or persons significant on the local, state, or national level. A historic district may also be significant under Criterion B for buildings that are associated with significant individuals. Several buildings within the district are associated with important individuals in the city's history, such as those of the pioneering Blank family and the Fontaine Fox Cottages, associated with the famous cartoonist. 22 Final Report Resurvey of the Marina Historic District June 13, 2008 ® Criterion C relates to buildings or historic districts that embody one or more distinctive architectural styles or types, or can be attributed to known architects or master craftsmen. As shown above, the Marina Historic District contains a number of significant structures of varying architectural styles designed by prominent architects including Addison Mizner, Sam Ogren, Sr., John Volk, and Gustav Maas. 6.5 Historic Resources Eligible for Individual Listing in the NRHP As part of the Marina Historic District resurvey, GAI identified buildings in the survey area that are eligible for listing in the NRHP and/or as locally designated historic landmarks. As this was areconnaissance- level survey, these evaluations were based on exterior examinations only along with basic historical research. The City should undertake an intensive survey of the following resources involving a detailed exterior and interior examination, comprehensive historic research, and a historic boundary determination for each resource. This should be followed by property owner requests for formal nomination of the historic resources to the NRHP and/or as City of Delray Beach historic landmarks. Table 2 lists the recommended historic resources evaluated during the 2008 survey, along with their FMSF number, name (where applicable), address, and the applicable City of Delray Beach and/or NRHP eligibility. Table 2 Resources in the City of Delray Beach Marina Historic District Survey Area Eligible for Individual Listing as Delray Beach Historic Landmarks and/or in the National Register of Historic Places The Presidential BuildinglTurner PB00244 Property 700-708 East Atlantic Avenue Yes No PB10154 The Blue Anchor 802-804 East Atlantic Avenue Yes No PB10155 812-814 East Atlantic Avenue Yes No PB00245 The Boyd Building 816-840 East Atlantic Avenue Yes No PB13902 46 Marine Way Yes No PB10290 The Anchorage 60 Marine Way Yes Yes PB00267 Marine Villas 110 Marine Way Yes Yes PB10276 200 Marine Way Yes No PB00300 60 Palm Square Yes No PB00375 707 SE 1s' Street Yes No PB10297 9 SE 7'h Avenue Yes No PB00465 The Mews at Sloan Hammock 102 SE 7'h Avenue Yes No PB10275 First Church of Christ Scientist 200 SE 7'h Avenue Yes Yes PB13915 218 SE 7'h Avenue Yes No PB10273 219 SE 7'h Avenue Yes No PB10274 222 SE 7'h Avenue Yes No PB10272 228 SE 7'h Avenue Yes No 6.6 Marina Historic District Evaluation GAI evaluated the newly and previously surveyed historic resources in the Marina Historic District project area as contributing resources 1) eligible for listing in the NRHP and/or eligible for listing in the local 23 Final Report Resurvey of the Marina Historic District June 13, 2008 register and 2) to determine if the existing historic district boundary should be amended to reflect recent development activity within the district. A brief discussion of the historic district follows. Establishing a preliminary boundary for the historic district followed guidelines as outlined in National Register Bulletin 15 and took into consideration such factors as distribution of historic resources; natural boundaries such as waterways; man-made boundaries such as streets and roads; and most importantly, the ability of a district to convey the feeling of a coherent historic area, undiluted by the intrusion of significant numbers of modern buildings or features. The existing Marina Historic District is bounded on the north by East Atlantic Avenue; on the west by the alley between SE 7th Avenue and Federal Highway from SE 4th Street to SE 1St Street where it veers to the east and then continues north to East Atlantic Avenue along the center line of SE 7th Avenue; on the east by the Intracoastal Waterway; and on the south by SE 4th Street. (Note: the multi-family properties at 35 and 45 SE 7th Avenue are not included in the district). The district consists of a variety of contributing historic residential and commercial resources built between 1922 and 1960, consisting of primarily Frame and Masonry Vernacular, Minimal Traditional, and Mediterranean Revival style homes, but also including a handful of other representative styles from the period, including Monterey, Ranch, Colonial Revival, Mission, and Art Moderne. National Register Bulletin 15, How To Apply the National Register Criteria for Evaluation states: "A district must be a definable geographic area that can be distinguished from surrounding properties by changes such as density, scale, type, age, style of sites, buildings, structures, and objects, or by documented differences in patterns of historic development or associations." and `The boundaries must be based upon a shared relationship among the properties constituting the district'. With regard to discontiguous districts, the bulletin states: `A district is usually a single geographic area of contiguous historic properties; however, a district can also be composed of two or more definable significant areas separated by nonsignificant areas'. `It is not appropriate to use the discontiguous district format to include an isolated resource or small group of resources which were once connected to the district, but have since been separated either through demolition or new construction'. As stated previously, the character of the 300 block of SE 7th Avenue has been adversely affected by the scale of the new construction along the Intracoastal Waterway, along with the new construction of the four-story townhomes contiguous to the west district boundary. These changes are both significant and irreversible. Currently, there are two contributing structures in the 300 block as depicted on the map from the original designation report: 708 SE 3~d Street and 603 SE 4th Street. However, 603 SE 4th Street has been so significantly altered that its integrity has been compromised. The subject resurvey has identified five additional contributing structures located at 300, 303, 305, 330, and 340 SE 7th Avenue. The structures at 300, 303, and 305 SE 7th Avenue are contiguous to the Marina Historic District to the north and are in good condition, relatively unaltered, and associated with the Blank family. Therefore, it is recommended that these properties are classified as contributing and remain within the historic district. The structures at 330 and 340 SE 7th Avenue, however, are not contiguous with the historic district and, as stated above, it is not appropriate to use the discontiguous district format to include isolated resources or small groups of resources. It is recommended therefore that the Marina Historic District boundary is amended as shown in Figure 3 to include the resources at 708 SE 3~d Street and 300, 303, and 305 SE 7th Avenue, but that the remainder of the 300 block to the south of these resources is removed. It is acceptable to exclude part of a block from a historic district where a change in density, scale, type, age, style of sites, buildings, structures, and objects, or by documented differences in patterns of historic development or associations is evident. This was previously done during the original designation of the Marina Historic District in 1988 when the district boundary excluded the newer multi-family properties at 35 and 45 SE 7th Avenue. Consideration should be given to adding 330 and 340 SE 7th Avenue to the Local Register; however, it is noted that there is a pending demolition application for 340 SE 7th Avenue. It should be further noted that 24 SOURCE: DELRAY BEACH AERIAL MAPPING (2008) RECOMMENDED BOUNDARY OF MARINA HISTORIC DISTRICT (SHOWN IN RED) EXISTING BOUNDARY OF MARINA HISTORIC DISTRICT (SHOWN IN BLUE) FIGURE 3 RECOMMENDED BOUNDARY OF THE MARINA HISTORIC DISTRICT 25 Final Report June 13, 2008 Resurvey of the Marina Historic District the structure at 332 SE 7th Avenue may be eligible for Local Register listing in the future but at present falls outside the Period of Significance. It is unfortunate that the district should be reduced in size due to inappropriate development; however, this amendment to the boundary will increase the overall significance of the remaining district, increase the percentage of contributing structures, prevent future development applications from comparing the larger size and scale of new homes along the Intracoastal Waterway and potentially make the balance of the district eligible for inclusion on the National Register of Historic Places. The existing Period of Significance for the Marina Historic District spans from 1922 through 1943. It is recommended that a second Period of Significance be adopted which spans from 1947 through 1960. This period reflects the post-World War II development within the Marina Historic District and includes additional significant resources designed in the Frame and Masonry Vernacular, Minimal Traditional, Mediterranean Revival, Ranch, and Art Moderne styles. 26 Final Report Resurvey of the Marina Historic District June 13, 2008 Table 3 Contributing Resources in the Marina Historic District Survey Area East Atlantic PB00244 1940 The Presidential Building/Turner Property 700-708 Avenue Art Moderne East Atlantic PB10155 1931 812-814 Avenue Mission East Atlantic PB00245 1939 The Boyd Building 816-840 Avenue Art Moderne PB13901 1960 24-26 Marine Way Frame Vernacular PB00264 1925 30 Marine Way Mediterranean Revival PB13902 1926 46 Marine Way Mediterranean Revival PB00265 1925 48 Marine Way Mediterranean Revival PB00266 1940 54 Marine Way Minimal Traditional PB10290 1941 The Anchorage 60 Marine Way Monterey PB00267 1937 Marine Villas 110 Marine Way Mediterranean Revival PB00269 1940 160 Marine Way Minimal Traditional PB10276 1948 200 Marine Way Masonry Vernacular PB00298 1938 29 Palm Square Minimal Traditional PB10295 1938 33 Palm Square Minimal Traditional PB10296 1937 36 Palm Square Masonry Vernacular PB10294 1938 42 Palm Square Minimal Traditional PB10293 1940 49 Palm Square Minimal Traditional PB00299 1939 50 Palm Square Masonry Vernacular PB10292 1940 57 Palm Square Minimal Traditional PB00300 1928 60 Palm Square Mediterranean Revival PB10289 1940 65 Palm Square Minimal Traditional PB00374 1925 701 SE 1s' Street Frame Vernacular PB00375 1925 707 SE 1s' Street Frame Vernacular PB13903 1953 705-711 SE 2nd Street Masonry Vernacular PB10269 1925 708 SE 3~d Street Mission PB10297 1925 9 SE 7'h Avenue Craftsman Bungalow PB10288 1939 55 SE 7'h Avenue Ranch PB13904 1950 101 SE 7'h Avenue Masonry Vernacular PB00465 1937 The Mews at Sloan Hammock 102 SE 7'h Avenue Masonry Vernacular PB10287 1925 Sloan Hammok 106 SE 7'h Avenue Mission PB10286 1935 (East Building) 118 SE 7'h Avenue Frame Vernacular PB13906 1935 (West Building) 118'/2 SE 7'h Avenue Frame Vernacular 27 Final Report June 13, 2008 PB10285 1935 (East Building) Resurvey of the Marina Historic District 122 SE 7'" Avenue Frame Vernacular PB13907 1953 123 SE 7'h Avenue PB10283 1949 126 SE 7'h Avenue PB10284 1951 127 SE 7'h Avenue PB00466 1925 129 SE 7'h Avenue PB10281 1939 130 SE 7'h Avenue PB10282 1925 131 SE 7'h Avenue PB10279 1947 134 SE 7'h Avenue PB10277 1947 138 SE 7'h Avenue PB10278 1925 West (Front) Building 139 SE 7'h Avenue PB13908 1960 East (Rear) Building 139 SE 7'h Avenue PB13909 1928 East (Rear) Building 143 SE 7'h Avenue PB10275 1945 First Church of Christ Scientist 200 SE 7'h Avenue PB13911 1954 203 SE 7'h Avenue PB13912 1948 209 SE 7'h Avenue PB13913 1951 213 SE 7'h Avenue PB13914 1922 214 SE 7'h Avenue PB13915 1959 Fontaine Fox North Building 218 SE 7'h Avenue PB10273 1935 219 SE 7'h Avenue PB10274 1937 Fontaine Fox Middle Building 222 SE 7'h Avenue PB10272 1937 Fontaine Fox South Building 228 SE 7'h Avenue PB10271 1938 232 SE 7'h Avenue PB13918 1957 300 SE 7'h Avenue PB13919 1954 303 SE 7'h Avenue PB10268 1947 305 SE 7'h Avenue 28 Final Report Resurvey of the Marina Historic District June 13, 2008 7.0 Summary, Conclusions, and Recommendations 7.1 Summary and Conclusions Between May 10 and May 16, 2008, GAI Consultants (GAI) conducted the resurvey of the Marina Historic District within the corporate limits of the city for the City of Delray Beach Planning and Zoning Department. GAI's background research included a review of previous architectural surveys, published histories of the City of Delray Beach and Palm Beach County, informant interviews, and historic maps and photographs. The GAI survey resulted in the completion of FMSF forms and photographs for 18 newly surveyed properties 35 years and older, as well as 45 survey updates. The survey identified 19 new contributing structures within the existing historic district boundary; however, this number reduces to 17 new contributing structures if the boundary is amended as recommended. The survey resulted in an illustrated historic context for the Marina Historic District's architectural resources. GAI evaluated the surveyed properties for individual listing in the National Register of Historic Places (NRHP) and for designation as City of Delray Beach historic landmarks. GAI also evaluated the surveyed properties as contributing resources to the historic district eligible for the NRHP and/or as the Marina Historic District. 7.2 Recommendations ® Integrate the FMSF forms and photographs of the Marina Historic District Resurvey with the files of previously surveyed historic resources at the City of Delray Beach Planning and Zoning Department and the Delray Beach Historical Society, where they should be made available for review and copying by the general public. ® Consider funding for National Register of Historic Places nominations for the aforementioned Marina Historic District. The City should be sure to involve property owners and local neighborhood preservation groups during the nomination process. This should include an educational component, as many individual property owners in the survey area are not aware of the benefits afforded to them if their property is NRHP listed. ® Consider amending the existing Marina Historic District boundary as recommended. ® Consider individual National Register and Local Register designation for the resources identified in Table 2. ® Promote the City of Delray Beach Historic Marker program to clearly identify the city's historic landmarks from the road. This will boost community pride in local historic properties and will encourage residents to preserve and maintain historic properties. ® As public education should be a continuing goal of historic preservation in the City of Delray Beach, this report and its recommendations should be made available for public inspection on-line from the City web site. Additional copies of the report should be distributed to public libraries in the City of Delray Beach. The website should also incorporate the results of GAI's GIS mapping, to assist property owners and researchers in identifying locations of surveyed resources. 29 Final Report June 13, 2008 8.0 References Cited Britt, Lora S. Resurvey of the Marina Historic District 1984 My Gold Coast: South Florida in Earlier Years. Brittany House, Palatka, Florida. 1987 Palm Beach County: An Illustrated History. Windsor Publications, Northridge, California. Curl, Donald W. 1987 Palm Beach County: An Illustrated History. Windsor Publications, Northridge, California. Farrar, Cecil W. 1974 Incomparable Delray Beach-Its Early Life and Lore. Star Publishing Company, Inc., Boynton Beach, Florida. Groover, Amy 1998 John L. Volk, Architect: A Study of His Work in the Palm Beaches. Masters Thesis, University of Georgia, Athens, Georgia. Janus Research 1999 Historic Resources Survey-Phase 1-City of Delray Beach. Janus Research, Coral Gables, Florida. 2002 Historic Resources Survey-Phase 11-City of Delray Beach. Janus Research, Coral Gables, Florida. 2003 Delray Beach Historic Preservation Design Guidelines. Janus Research, Coral Gables, Florida. National Park Service 1995 How to Apply the National Register Criteria for Evaluation, National Park Service, Washington. Nielander, Mae E. 1995 The Birth of Linton: A Study of Pioneer Life in South Florida. Unpublished Manuscript on File at the Delray Beach Historical Society, Cornell Museum, Delray Beach, Florida. Sanborn Map Company 1922 Delray Beach, Florida. The Sanborn Map Company, New York. 1926 Delray Beach, Florida. The Sanborn Map Company, New York. 1949 Delray Beach, Florida. The Sanborn Map Company, New York. 1963 Delray Beach, Florida. The Sanborn Map Company, New York. Sundy, Addie 1963 Early Delray. Unpublished Manuscript on File at the Delray Beach Historical Society, Cornell Museum, Delray Beach, Florida. 30 Final Report June 13, 2008 Resurvey of the Marina Historic District APPENDIX A THE NATIONAL REGISTER CRITERIA FOR EVALUATION 31 Final Report June 13, 2008 The National Register Criteria for Evaluation Resurvey of the Marina Historic District Criterion A: Properties that are associated with events that have made a significant contribution to the broad patterns of our history. Criterion B: Properties that are associated with the lives of persons significant in our past. Criterion C: Properties that embody the distinctive characteristics of a type, period, or method of construction or that represent a significant and distinguishable entity whose components may lack individual distinction. Criterion D: Properties that have yielded, or may be likely to yield, information important in prehistory or history. Criteria Considerations (Exceptions) Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: A. a religious property deriving primary significance from architectural or artistic distinction or historical importance; or B. a building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or C. a birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or building directly associated with his or her productive life; or D. a cemetery which derives its primary significance from graves of persons of transcendent importance, from distinctive design features, or from association with historic events; or E. a reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or F. a property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or G. a property achieving significance within the past 50 years if it is of exceptional importance. 32 APPENDIX B PREVIOUSLY-SURVEYED RESOURCES IN THE CITY OF DELRAY BEACH MARINA HISTORIC DISTRICT Final Report Resurvey of the Marina Historic District June 13, 2008 East Atlantic PB00244 1940 The Presidential Building/Turner Property 700-708 Avenue Art Moderne East Atlantic PB10154 1951 The Blue Anchor 802-804 Avenue Masonry Vernacular East Atlantic PB10155 1931 812-814 Avenue Mission East Atlantic PB00245 1939 The Boyd Building 816-840 Avenue Art Moderne PB00264 1925 30 Marine Way Mediterranean Revival PB13902 1926 46 Marine Way Mediterranean Revival PB00265 1925 48 Marine Way Mediterranean Revival PB00266 1940 54 Marine Way Minimal Traditional PB10290 1941 The Anchorage 60 Marine Way Monterey PB00267 1937 Marine Villas 110 Marine Way Mediterranean Revival PB00269 1940 160 Marine Way Minimal Traditional PB10276 1948 200 Marine Way Masonry Vernacular PB00298 1938 29 Palm Square Minimal Traditional PB10295 1938 33 Palm Square Minimal Traditional PB10296 1937 36 Palm Square Masonry Vernacular PB10294 1938 42 Palm Square Minimal Traditional PB10293 1940 49 Palm Square Minimal Traditional PB00299 1939 50 Palm Square Masonry Vernacular PB10292 1940 57 Palm Square Minimal Traditional PB00300 1928 60 Palm Square Mediterranean Revival PB10289 1940 65 Palm Square Minimal Traditional PB00374 1925 701 SE 1s' Street Frame Vernacular PB00375 1925 707 SE 1s' Street Frame Vernacular PB10269 1925 708 SE 3rd Street Mission PB10297 1925 9 SE 7'h Avenue Craftsman Bungalow PB10288 1939 55 SE 7'h Avenue Ranch PB00465 1937 The Mews at Sloan Hammock 102 SE 7'h Avenue Masonry Vernacular PB10287 1925 Sloan Hammock 106 SE 7'h Avenue Mission PB10286 1935 (East Building) 118 SE 7'h Avenue Frame Vernacular PB10285 1935 (East Building) 122 SE 7'h Avenue Frame Vernacular Appendix B Final Report June 13, 2008 Resurvey of the Marina Historic District PB10283 1949 126 SE 7'" Avenue Moderne PB10284 1951 127 SE 7'h Avenue Masonry Vernacular PB00466 1925 129 SE 7'h Avenue Mediterranean Revival PB10281 1939 130 SE 7'h Avenue Minimal Traditional PB10282 1925 131 SE 7'h Avenue Craftsman Bungalow PB10279 1947 134 SE 7'h Avenue Minimal Traditional PB10277 1947 138 SE 7'h Avenue Frame Vernacular PB10278 1925 West Building 139 SE 7'h Avenue Mission PB10275 1945 First Church of Christ Scientist 200 SE 7'h Avenue Colonial Revival PB10273 1935 219 SE 7'h Avenue Monterey PB10274 1937 222 SE 7'h Avenue Frame Vernacular PB10272 1937 228 SE 7'h Avenue Minimal Traditional PB10271 1938 232 SE 7'h Avenue Frame Vernacular PB10270 1937 238 SE 7'h Avenue Frame Vernacular PB10265 1953 340 SE 7'h Avenue Masonry Vernacular Appendix B APPENDIX C NEWLY-SURVEYED RESOURCES IN THE CITY OF DELRAY BEACH MARINA HISTORIC DISTRICT Final Report June 13, 2008 Resurvey of the Marina Historic District PB13901 1960 24-26 Marine Way Frame Vernacular PB13903 1953 705-711 SE 2nd Street Masonry Vernacular PB13904 1950 101 SE 7'h Avenue Masonry Vernacular PB13906 1935 (West Building) 118'/2 SE 7'h Avenue Frame Vernacular PB13907 1953 123 SE 7'h Avenue Ranch PB13908 1960 (East Building) 139 SE 7'h Avenue Frame Vernacular PB13909 1928 (East Building) 143 SE 7'h Avenue Masonry Vernacular PB13911 1954 203 SE 7'h Avenue Masonry Vernacular PB13912 1948 209 SE 7'h Avenue Masonry Vernacular PB13913 1951 213 SE 7'h Avenue Moderne PB13914 1922 214 SE 7'h Avenue Minimal Traditional PB13915 1959 218 SE 7'h Avenue Minimal Traditional PB13918 1957 300 SE 7'h Avenue Masonry Vernacular PB13919 1954 303 SE 7'h Avenue Mediterranean Revival PB13920 1947 305 SE 7'h Avenue Frame Vernacular PB13921 1956 330 SE 7'h Avenue Masonry Vernacular Appendix C APPENDIX D NON-CONTRIBUTING RESOURCES IN THE CITY OF DELRAY BEACH MARINA HISTORIC DISTRICT N!G 1996 Northern Trust Bank 77Q East Atlantic Avenue Modern Mediterranean PB10154 1951 The Blue Anchor 802-804 East Atlantic Avenue Masonry Vernacular N/C 1975 116 Marine Way Modern Frame Vernacular N/C 2002 126-140 Marine Way Modern Masonry Vernacular N/C 1996 150 Marine Way Modern Frame Vernacular PB00388 N/A 706 SE 2nd Street Demolished N/C 1989 711 SE 3~d Street Modern Masonry Vernacular N/C 1938 603 SE 4'h Street Minimal Traditional PB13905 1968 111 SE 7'h Avenue Masonry Vernacular N/C 1996 114 SE 7'h Avenue Modern Frame Vernacular N/C 1989 (West Building) 122'/2 SE 7'h Avenue Modern Frame Vernacular N/C c.2004 142 A&B SE 7'h Avenue Modern Masonry Vernacular PB13910 1967 (West Building) 143 SE 7'h Avenue Masonry Vernacular N/C N/A Church Parking Lot 146 SE 7'h Avenue Vacant N/C 1991 229 SE 7'h Avenue Modern Masonry Vernacular N/C 1989 237 SE 7'h Avenue Modern Masonry Vernacular PB10270 1937 238 SE 7'h Avenue Frame Vernacular N/C 1970 242 SE 7'h Avenue Masonry Vernacular N/C 1972 244 SE 7'h Avenue Masonry Vernacular N/C 1992 310 SE 7'h Avenue Modern Frame Vernacular N/C 1977 314-318 SE 7'h Avenue Masonry Vernacular N/C c.2004 315 SE 7'h Avenue Modern Mediterranean Revival N/C c.2004 319 SE 7'h Avenue Modern Mediterranean Revival N/C 1992 321 SE 7'h Avenue Modern Masonry Vernacular N/C 2004 325 SE 7'h Avenue Modern Mediterranean Revival N/C 1962 332 SE 7'h Avenue Minimal Traditional N/C 1999 335 SE 7'h Avenue Modern Mediterranean Revival N/C 1996 345 SE 7'h Avenue Modern Masonry Vernacular Appendix D Ordinance '10-09 Attachment B Marina Historic District Properties Removed From the Marina Historic District Address Classification Year Built Style 603 SE 4 Street1350 SE 7 Avenue Non-Contributin 1938 Minimal Traditional 310 SE 7' Avenue Non-Contributin 1992 Modern Frame Vernacular 314-318 SE 7 Avenue Non-Contributin 1977 Mason Vernacular 315 SE 7 Avenue Non-Contributin 2005 Modern Mediterranean Revival 319 SE 7 Avenue Non~Contributin 2004 Modern Mediterranean Revival 321 SE 7 Avenue Non-Contributin 1992 Modern Masonr Vernacular 325 SE 7t Avenue Non-Contributin 2004 Modern Mediterranean Revival 330 SE 7 Avenue Non-Contributin 1956 Masan Vernacular 332 SE 7 Avenue Non-Contributin 1962 Minimal Traditional 335 SE 7 Avenue Non-Contributin 1999 Modern Mediterranean Revival 340 SE 7 Avenue Non-Contributin 1953 Masonr Vernacular 345 SE 7 Avenue Non-Contributin 1996 Modern Mason Vernacular HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: FEBRUARY 18, 2009 ITEM: CONSIDERATION OF ORDINANCE 10-09 AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (L), "DESIGNATION OF HISTORIC DISTRICTS", SUBSECTION (2), "MARINA", TO PROVIDE FOR THE REMOVAL OF 12 PROPERTIES WITHIN THE MARINA HISTORIC DISTRICT AND AMENDING THE MARINA HISTORIC DISTRICT BOUNDARIES. ITEM BEFORE THE BOARD The following actions are before the Board: That of making a recommendation to the Planning and Zoning Board regarding Ordinance 10-09, with respect to the LDR Amendment to Section 4.5.1(L)(2), Marina, pursuant to LDR Section 2.2.6(D)(5). • That of making a recommendation to the City Commission regarding Ordinance 10-09 to provide for the removal of 12 properties from within the Marina Historic District (MHD), pursuant to Land Development Regulations (LDR) Section 4.5.1(N), Criteria for Removal of Historic Designation and 4.5.1(0), Procedures for Removal of Historic Designation; and, BACKGROUND The City hired GAI Consultants, Inc. to conduct a survey from April -June 2008 of the MHD. The objective was to survey all properties developed at least thirty-five years ago within the MHD which contain both contributing and non-contributing buildings and structures. A historical overview of the area was provided in the final report. The final survey report recommends that the following 12 properties within the 300 block of SE 7tn Avenue be removed from the MHD: Property Address Date Style 310 SE 7th Avenue 1992 Modern Frame Vernacular 314-318 SE 7th Avenue 1977 Masonry Vernacular 315 SE 7th Avenue 2005 Modern Mediterranean Revival 319 SE 7th Avenue 2004 Modern Mediterranean Revival 321 SE 7th Avenue 1992 Modern Masonry Vernacular 325 SE 7th Avenue 2004 Modern Mediterranean Revival 330 SE 7th Avenue* 1956 Masonry Vernacular 332 SE 7th Avenue 1962 Minimal Traditional 335 SE 7th Avenue 1999 Modern Mediterranean Revival 340 SE 7th Avenue* 1953 Masonry Vernacular 345 SE 7th Avenue 1996 Modern Masonry Vernacular 350 SE 7th Avenue/603 SE 4th Street 1938 Minimal Traditional " Recommended to be reclassified to Contributing. The survey report justifies the removal of the area containing these properties as they "are not contiguous with the historic district,... and,... it is not appropriate to use the discontiguous district format to include isolated resources or small groups of resources" such as those identified at 330 and 340 SE 7tn Avenue. The attached Exhibit A illustrates the following: • Existing Marina Historic District Boundary • Proposed Marina Historic District Boundary • 330 and 340 SE 7th Avenue (recommended by GAI Consultants, Inc. to be reclassified as contributing) At its meeting of November 19, 2008, the Board considered Resolution 55-08, to accept the subject survey report and its recommendations. The Board's recommendation was to support the survey's findings as they relate to the removal of designation. The City Commission officially accepted the survey report and its findings on December 9, 2008 via Resolution 55-08 (see attachment). Ordinance 10-09 notes the Marina Historic District Resurvey Final Report as Attachment A, and refers to the list of properties to be removed as Attachment B. Consideration of the request for removal of designation is now before the Board. ANALYSIS Pursuant to LDR Section 2.2.6(A), a Historic Preservation Board for the City of Delray Beach is hereby created. The up rpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach and to have a lay body which shall have authority to act on matters pertaining to historic preservation. Pursuant to LDR Section 2.2.6(D)(1), Duties, Powers, and Responsibilities, the Historic Preservation Board shall develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. Pursuant to LDR Section 2.2.6(D)(2), Duties, Powers, and Responsibilities, the Historic Preservation Board shall nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. STAFF COMMENT: The LDRs specify that as part of the HPB duties, the Board shall protect historic resources, and update surveys of historic resources. The resurvey of the Marina Historic District complies with this requirement. LDR Section 4.5.1(N), Criteria for Change of Historic Designation (1) A survey of all historic districts may be conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. (a) Criteria for Removal from a Historic District: If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has since been subdivided has had its historic integrity irreversibly compromised due to inappropriate development as determined by the survey consultant, then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(0). STAFF COMMENT: The subject survey meets the criteria for change of historic designation as it recommends that a portion of the historic district be removed, all of which touch the district's boundary as it existed at the time of the original designation. Therefore, the subject removal of historic designation meets the criteria listed above. LDR Section 4.5.1(0), Procedures for Change of Historic Designation (1) Procedures for Removal from or Expansion of a Historic District: Applications shall be made to the Historic Preservation Board and maybe initiated by written request of.~ (c) Any owner(s) of a property to be removed or added based upon the recommendation of a City-initiated survey completed within twelve (12) months or less prior to application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be either removed from or added to the historic district and; "per the survey recommendations. 2. signatures of at least seventy-five percent (75%) of the property owners that are located in the area that will be removed from or added to the historic district. STAFF COMMENT: The subject application for removal of historic designation was submitted by two (2) property owners (designated as Authorized Agents) within 12 months of the survey's completion which was June 2008. The application included the required information noted above. Therefore, the subject application has been processed for HPB review. (3) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N) (1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: (a) Change of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the property(ies) to be removed from to the historic district; and 3. A staff recommendation as to whether or not the properties should be removed due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district. STAFF COMMENT: The revised legal boundary noted in the attached Ordinance does not include those listed properties in Attachment B. There are two properties (330 and 340 SE 7th Avenue) within the area to be removed which were found to have significance within the district. These properties were not previously eligible for contributing classification. Those properties within the subject area to be removed which were previously classified as Contributing no longer exist as they were demolished and replaced with new construction. The other properties have either been recently constructed, are not eligible for contributing classification, or have not maintained their integrity. The Florida Master Site File Forms for 330 and 340 SE 7th Avenue note the following with respect to their significance: • 330 SE 7th Avenue - "This residence represents a style popular in the 1950s and illustrates the development history of the area. This resource could contribute to the Marina Historic District if the boundaries (were maintained) and the Period of Significance were extended." • 340 SE 7th Avenue -This residence represents a style popular in the 1960s and illustrates the development history of the area. This resource could contribute to the Marina Historic District if the boundaries (were maintained) and the Period of Significance were extended." While the above noted properties have maintained their integrity and are representative of their time periods, the report also justifies their removal as they "are not contiguous with the historic district,...and,...it is not appropriate to use the discontiguous district format to include isolated resources or small groups of resources." It is unfortunate that the area requested for removal has been so significantly altered from the district's designation only twenty years ago. The area originally contained smaller scaled homes original to the development of SE 7th Avenue. Nevertheless, the new development both along the east side of SE 7tn Avenue, and immediately adjacent to the district has greatly impacted the integrity of this area. Based on the analysis given in the GAI Consultants, Inc. final survey report and above, positive findings can be made with respect to LDR Section 4.5.1(N) and 4.5.1(0). First and Second Readings are anticipated at City Commission on Tuesday, March 3, 2009, and Tuesday, March 17, 2009, respectively. RECOMMENDATION By Separate Motions: Recommend approval to the Planning and Zoning Board regarding Ordinance 10-09, with respect to the LDR Amendment to Section 4.5.1(L)(2), Marina, pursuant to LDR Section 2.2.6(D)(5). Recommend approval to the City Commission of Ordinance 10-09 for the removal of historic designation of 12 properties from within the Marina Historic District. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: Exhibit A -Marina Historic District Map w/Boundary Changes Ordinance 10-09 and Attachments A and 8 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney David T. Harden, City Manager DATE: February 11, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 ORDINANCE NO. 12-09 ITEM BEFORE COMMISSION Ordinance No. 12-09. BACKGROUND The attached Ordinance updates our alarm ordinance to provide for "Limited Response" for an alarm user's: . Failure to register his/her alarm within thirty (30) days of notice of same; . Failure to provide a written "Affidavit of Service/Repair" within thirty (30) days of false alarm; . Failure to pay response fees for false alarms, where such fees are overdue by more than one hundred twenty (120) days; or . Failure to appear within thirty (30) minutes of notice to respond, if such failure has occurred four (4) or more times within a registration period. Also, we have provided for enforcement via civil citation with appeals to be heard through the City's Hearing Officer. Some portions of our existing Alarm Ordinance have proven very difficult to enforce and numerous false alarm fees go uncollected. We believe that the proposed amendments, developed jointly by the Police Department, Code enforcement and the City Attorney's Office, will streamline enforcement and reduce the number of false alarms to which our Police Department responds. False responses currently waste large amounts of sworn officer's time. RECOMMENDATION That the proposed amendments to our Code be adopted. ORDINANCE NO. 12-09 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 112.28, "DISCONNECTION OF ALARM SYSTEM", TO PROVIDE FOR A LIMITED RESPONSE TO ALARM SYSTEMS; AMENDING SECTION 112.29, "APPEAL" TO REMOVE ALL REFERENCES TO DISCONNECTING; REPEALING SECTIONS 112.30, "FAILURE TO DISCONNECT OR UNAUTHORIZED RECONNECTION OF ALARM SYSTEM" AND 112.31, "RECONNECTION OF ALARM SYSTEMS" IN THEIR ENTIRETY; AND AMENDING SECTION 112.51, "ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD", TO PROVIDE FOR ENFORCEMENT THROUGH CIVIL CITATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission has determined it to be in the public's best interest to establish reasonable regulations regarding alarm systems, including limited responses for repeat violators who do not take actions to repair their alarm systems after multiple false alarms. NOW THEREFORE, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 112.28, "Disconnection of Alarm System", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 112.28. n~0^~"-~~~~OrT~~" T~Sz Sz ~z LIMITED RESPONSE. (A) Limited Response shall mean that the Police Department shall respond only to verified emergencies, including but not limited to the following. crimes in progress, panic button calls, silent alarm calls and calls from persons on site reporting a crime. {~} ~ Except for premises protected by a required operative alarm system, ~ the Police Department erne-Bc~er~ enforcement officials is are authorized to order the ~er~eeef limited response to any bur la alarm systerry by written notice to the alarm user at the prerruses wherein an alarm system is installed, for any of the following reasons: (1) Failure to meet all requirements provided for in this Chapter within thirty (30) days of the charging of the fee; or (2) Failure of the alarm user to provide a written "Affidavit of Service/Repair'' required by this Chapter; or (3) A false alarm or alarm malfunction at a premises for which a fee is charged pursuant to this Chapter as the result of the failure of the alarm user to take corrective action to eliminate the cause of the false alarrry or (4) The failure of a person notified pursuant to this Chapter to appear within thirty (30) minutes after being notified to respond, if such failure to timely appear occurs four (4) or more times within a registration period {$~ ~ The written notice'- ~'~~~~r„~~'- of limited response shall be mailed to the alarm user, by certified mail, and shall specify the date on which the alarm user shall be required to ~'~~~~r„~~'-'-'~~ nay all alarm fees or file an appeal pursuant to Section 112.29. vroblems with the alarm system have been corrected Section 2. That Section 112.29, "Appeal", of the Code of Ordinances of the City of Delray Seach, Florida, is hereby amended to read as follows: Sec. 112.29. APPEAL. An alarm user to whom a notice '-~ a; ~,,,.,-„-,,,,,,- of limited response to an alarm system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the enforcement official to the City Hearing Officer. An appeal must be in writing, stating the reasons why the ^,~ notice of limited response should be withdrawn, and shall be made within fi~te} fourteen (14~days of the date of receipt of the notice '-~ a;~,,,.,-„-,,,,,,- of limited response. Notice of hearing will be sent to the alarm user after the City receives the written notice of appeal. At the hearing, the City'_`.~~r a_'- ~~-'~~~ ~?_~_~ _M Hearing Officer shall ~--~ -~'-'~~ ~~~'-~ ~ra ~ ~....,,~.,,..,,,,,, . issue findings of fact, based anon evidence presented and conclusions of law; and shall issue an order. If an order requires action to be taken to comply with the requirements of this Chanter b~snecific date, a fine maybe imposed in an amount not to exceed $500.00 per day for each day that the alarm system is not in compliance after the specified date. If the required corrective action is not taken, a lien may be 2 ORD NO. 12-09 imposed on the property where the violation exists and upon any real or personall~property owned by the alarm user. Section 3. That Section 112.30, "Failure to Disconnect or Unauthorized Reconnection of Alarm System" and 112.31, "Reconnection of Alarm Systems" of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed in their entirety. Section 4. That Section 112.51, "Enforcement through Code Enforcement Board", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 112.51. ENFORCEMENT THROUGH ~'^~~zP.~I~^~~~A4~ CIVIL CITATION SYSTEM. The enforcement official may issue a civil citation to obtain compliance with this Chapter and payment of service charges or fees assessed by the City pursuant to the provisions of this Chapter. ~~ ~~a~ ~,-,~,.,.,,,»-.-,,,,.,+ u,.~,.a ~~,~" ORD NO. 12-09 ~.~~~~e ch~r~ ; ~„d few;, Alien may be filed for all Lmpaid fees, citations, or renewal/registration charges tinder this Chapter. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or Ord be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 7. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST: City Clerk MAYOR First Reading Second Reading 4 ORD NO. 12-09 NOTIC)E1 OF LIlVIITED RESPONSE FOR POLICE ALARMSIOVERDUE FEES C1TY OF T)ELRAY BEACH, Fetitioner, Respondent. DATE: CUSTOMER #: CERT. MAIL NO.: RETURN RECEIPT REQUESTED As of this date, you have violated one of the following: { 1) failed to register his/her alarm within thirty {34} days of notice of same; {2) failed to provide a written "Affidavit of Service/Repair" within thirty (34) days of false alarm; (3} failed to pay response fees for false alarms, where such fees are overdue by more than one hundred twenty (120) days; or (4} failed to appear within thirty (30) minutes of notice to respond, if such failure has occurred four (4} or more times within a registration period. (circle one) A list of dates, times, and amounts for each of the violations warranting this limited response are enclosed with this notice. These violations occurred at your busines5hesidence located at: Pursuant to Section 112.2$(B} of the City's Code of Ordinances, an alarm system may be placed on limited response for the violations listed above. Limited response is defined as follows: that the police department shall respond only to verified emergencies, (i.e. crime in progress, panic button, silent alarm, and call from person on-site reporting a crime). You ma avoid bear laced an limited res onse b a in all overdue ees in all. The Ci 's Finance Department must receive nayment no later than _ .Please submit payment to: City of Delray Beach Attn: Finance Department 104 N. W. l st Avenue Delray Beach, FL 33444 Make check payable to the City of Delray Beach. Please include your telephone number and driver's license number on your check. For amounts over $1,004.04, please submit a cashier's check or money order. NOTICE OF LIMITED RESPONSE FOR POLICE ALARMS/OVERDUE FEES You ma a cal bein .laced on limited res onse b elfin a written a cal settin orth the reasons or the a cal within ourteen 14 calendar da s o recei t o Phis notice: b sendin the a cal to tl':e ollawin : Limited Response Appeal Attn: Director of Community Improvement City of Delray Beach 100 N.W. 19L Avenue Delray Beach, FL 33444 UNLESS YOU APPEAL IN WRITING WITHIN FOURTEEN (14} CALENDAR DAYS OF RECEIPT OF THIS NOTICE OR PAY THE RESPONSE FEES IN FULL BY ,THE LIMITED RESPONSE SHALL BE EFFECTIVE ON ONCE PLACED ON LIMITED RESPONSE STATUS, THERE IS A NINETY DOLLAR ($90.00} REINSTATEMENT FEE IN ADDITION TO YOUR OVERDUE FEES TO TAKE YOUR ALARM OFF OF LIMITED RESPONSE. Upon receipt of a timely written appeal, a hearing will be scheduled before our Hearing Officer. Notice of the hearing will be sent to you after receipt of your written appeal. The Hearing Officer shall conduct a hearing and consider the evidence presented pursuant to Chapter 162, Florida Statutes. At the conclusion of the hearing, the Hearing Officer shall issue findings of fact, based upon the evidence presented and conclusions of law, and shall issue an order. If an order requires action to be talten to comply with the requirements of the false alarm ordinance by a specific date, a fine may be imposed in an amount not to exceed 5500.00 per day for each day that the system is not in compliance after the specified date. If the required corrective action is aot taken, a lien may be imposed on the property where the violation exists and upon any real or personal property owned by the violator. Janice Abrahim, Alarm Coordinator I HEREBY CERTIFY that an original Notice of Limited Response for overdue fees was furnished by regular and certified mail, return receipt requested to: Name: Address: and a copy of the Notice of Limited Response for overdue fees was furnished by regular and certified mail to: Namez Address• On this day of .200_ Janice Abrahim, Alartb Coordinator cc: Anthony Strianese, Chief of Police Lola Butler, Director of Community Improvement 2 NOTICE OF OVERDUE ALARM FEES CITY OF DELRAY BEACH, Petitioner, Respondent. DATE:: CUSTOMER #: CERT. MAIL NO.: RETURN RECEIPT REQUESTED According to our records, you have unpaid alarm fees in the amount of $ ,which were due on {date} and are now past due. A list of dates and times these fees were incurred are enclosed with this notice. These alarm fees were incurred by you for your business/xesidence located at: Pursuant to Section 112.51 of the City's Code of Ordinances,.. a lien may be filed far all unpaid fees, citations, penalties or renewallregistration charges for alarm systems. Please a our auerdue alarm ees in uld within six 60 da s rom the date o this notice or a lien will be filed against vaur property. Please submit payment ta: City of Delray Beach Attn: Finance Department 100 N.W. 1 st Avenue Delray Beach,. FL 33444 Make check payable to the City of Delray Beach. Please include your telephone number and driver's license number on your check. Fox amounts over $1,000.00, please .submit a cashier's cheek or money order. 1'f vau believe that these char~ees are incorrect, you may appeal within fourteen (I4, f calendar days of receipt of this notice by sending vaur appeal to the following; Overdue Alarm Fees Appeal Attn: Director of Community Improvement City of Delray Beach 100 N.W. Is` Avenue Delray Beach, FL 33444 UNLESS YOU APPEAL 1N WRITING WITHIN FOURTEEN (14} CALENDAR DAYS OF RECEIPT OF THIS NOTICE OR PAY THE RESPONSE FEES 1N FULL BY '~ A LIEN SHALL BE FILED .AGAINST POUR PROPERTY. NOTICE OF OVERDUE ALARM FEES Upan receipt of a timely written appeal, a hearing will be scheduled before our Hearing Officer. Notice of the hearing will be sent to you after receipt of your written appeal. The Hearing Ofbcer shad conduct a hearing and consider the evidence presented pursuant to Chapter 762, Florida Statutes. At the conclusion of the hearing, the Hearing Officer shall issue findings of fact, based upon the evidence presented and conclusions of Iaw, and shall issue an order. If an order requires payment to be made or action to be taken to comply with the requirements of the false alarm ordinance by a specific date, interest may accrue xndlor a fine may be imposed in an amount not to exceed $500.00 per day far eaci~ day that the system is not. in compliance after the specified date. If the payment is not received or required corrective action is not taken,. a lien may be- imposed on the property where the overdue fine/violation exists and upon aay real or personal property awned by the violator. Cheryl Minchak, Accounting Assistant I HEREBY CERTiIiY that an original Notice of Overdue Alarm Fees was furnished by regular and certified mail, return receipt requested #o: Name: Address• and a copy o.f the Notice of Overdue Alarm Fees was furnished by regular and certified mail to: Name• Address• On this day of ,:200 Cheryl Minchalt, Accounting Assistant cc: Anthony Strianese, Chief of Police Lula 13utler, Director of Community Improvement 2